H-2854.1

SUBSTITUTE HOUSE BILL 1816

State of Washington
67th Legislature
2022 Regular Session
ByHouse Appropriations (originally sponsored by Representatives Ormsby, Gregerson, Macri, and Bergquist; by request of Office of Financial Management)
READ FIRST TIME 02/24/22.
AN ACT Relating to fiscal matters; amending RCW 41.60.050, 41.80.010, 43.41.450, 43.43.837, 43.70.715, 43.79.505, 43.101.435, 43.216.1368, 70A.200.140, 71.24.580, 74.13.802, 74.46.561, and 76.04.516; amending 2021 c 334 ss 101, 102, 103, 104, 105, 106, 107, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146, 147, 148, 149, 150, 151, 152, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 230, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 401, 402, 501, 502, 503, 504, 505, 506, 507, 508, 509, 510, 511, 512, 513, 514, 515, 516, 517, 518, 519, 520, 521, 522, 605, 606, 607, 608, 609, 610, 611, 612, 613, 614, 615, 616, 617, 618, 619, 701, 702, 704, 705, 718, 724, 753, 744, 745, 746, 801, 802, 803, 805, 907, 909, 910, 911, 912, 913, 914, 915, 916, 917, 918, 919, 920, 921, 922, 923, 924, 925, 928, 929, 930, 932, 933, 934, 935, 936, 937, 939, 940, 941, 942, 943, 945, 946, 947, 948, and 1002 (uncodified); adding a new section to chapter 43.79 RCW; adding new sections to 2021 c 334 (uncodified); repealing 2021 c 334 ss 730, 731, 732, 733, 734, 735, 736, 737, 749, and 752 (uncodified); making appropriations; and declaring an emergency.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
PART I
GENERAL GOVERNMENT
Sec. 101. 2021 c 334 s 101 (uncodified) is amended to read as follows:
FOR THE HOUSE OF REPRESENTATIVES
General FundState Appropriation (FY 2022)
. . . .
(($45,740,000))
     
$46,834,000
General FundState Appropriation (FY 2023)
. . . .
(($46,804,000))
     
$51,635,000
TOTAL APPROPRIATION
. . . .
(($92,544,000))
     
$98,469,000
Sec. 102. 2021 c 334 s 102 (uncodified) is amended to read as follows:
FOR THE SENATE
General FundState Appropriation (FY 2022)
. . . .
(($32,755,000))
     
$33,515,000
General FundState Appropriation (FY 2023)
. . . .
(($35,699,000))
     
$38,564,000
TOTAL APPROPRIATION
. . . .
(($68,454,000))
     
$72,079,000
The appropriations in this section are subject to the following conditions and limitations: $260,000 of the general fundstate appropriation for fiscal year 2022 and $270,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for the payment of membership dues to the council of state governments, the national conference of state legislatures, the pacific northwest economic region, the pacific fisheries legislative task force, and the western legislative forestry task force.
Sec. 103. 2021 c 334 s 103 (uncodified) is amended to read as follows:
FOR THE JOINT LEGISLATIVE AUDIT AND REVIEW COMMITTEE
General FundState Appropriation (FY 2022)
. . . .
(($303,000))
     
$342,000
General FundState Appropriation (FY 2023)
. . . .
(($248,000))
     
$358,000
Performance Audits of Government AccountState
Appropriation
. . . .
(($9,384,000))
     
$9,394,000
TOTAL APPROPRIATION
. . . .
(($9,935,000))
     
$10,094,000
The appropriation in this section is subject to the following conditions and limitations:
(1) $273,000 of the general fundstate appropriation for fiscal year 2022 and $244,000 of the general fundstate appropriation for fiscal year 2023 are ((provided solely)) for implementation of Engrossed Substitute Senate Bill No. 5405 (racial equity analyses). ((If the bill is not enacted by June 30, 2021, the amounts provided in this subsection shall lapse.))
(2) Notwithstanding the provisions of this section, the joint legislative audit and review committee may adjust the due dates for projects included on the committee's 2021-2023 work plan as necessary to efficiently manage workload.
(3) $20,000 of the general fundstate appropriation for fiscal year 2022 and $2,000 of the general fundstate appropriation for fiscal year 2023 are ((provided solely to implement))for the implementation of House Bill No. 1296 (behavioral health service organizations). ((If the bill is not enacted by June 30, 2021, the amounts provided in this subsection shall lapse.))
(4) $10,000 of the general fundstate appropriation for fiscal year 2022 and $2,000 of the general fundstate appropriation for fiscal year 2023 are ((provided solely to implement))for the implementation of Second Substitute House Bill No. 1033 (employment training program). ((If the bill is not enacted by June 30, 2021, the amounts provided in this subsection shall lapse.))
(5) $62,000 of the general fundstate appropriation for fiscal year 2023 is for the joint legislative audit and review committee to plan for and begin where feasible performance audits of selected state agency programs related to the needs of farmworkers. The performance audits should include recommendations to improve service delivery and effectiveness in providing greater protections and meeting the needs of farmworkers. The performance audits include:
(a) A performance audit review of the department of labor and industries' administration of investigation and enforcement programs applicable to farmworkers;
(b) A performance audit review of the employment security department's administration of the H-2A program; and
(c) A performance audit review of the department of health's administration of the laws and rules related to pesticide safety that are intended to protect farmworkers from hazardous exposures.
(6) $13,000 of the general fundstate appropriation for fiscal year 2022 and $4,000 of the general fundstate appropriation for fiscal year 2023 are for the implementation of Engrossed Substitute House Bill No. 1643 (affordable housing/REET). If the bill is not enacted by June 30, 2022, the amount provided in this subsection shall lapse.
(7) $36,000 of the general fundstate appropriation for fiscal year 2023 is for the implementation of Engrossed Second Substitute House Bill No. 1015 (equitable access to credit). If the bill is not enacted by June 30, 2022, the amount provided in this subsection shall lapse.
(8) $13,000 of the general fundstate appropriation for fiscal year 2022 is for the implementation of House Bill No. 1924 (hog fuel tax exemption). If the bill is not enacted by June 30, 2022, the amount provided in this subsection shall lapse.
(9) $13,000 of the general fundstate appropriation for fiscal year 2022 and $8,000 of the general fundstate appropriation for fiscal year 2023 are for the implementation of Substitute House Bill No. 1792 (hydrogen). If the bill is not enacted by June 30, 2022, the amounts provided in this subsection shall lapse.
(10)(a) The joint legislative audit and review committee shall conduct a performance audit of the department of health's oversight of hospital data reporting, inspections, and complaints. The study must explore:
(i) The types of data that hospitals are required to collect and report to state and federal regulatory entities, hospitals' compliance with these reporting requirements, and the department's enforcement and use of such reporting. This data includes: Hospital financial data, patient discharge data, charity care data, adverse health events and incidents notification and reporting, and community health needs, assessments, and benefits implementation strategies;
(ii) The type and frequency of hospital inspections conducted by state and federal regulatory entities, and hospitals' correction of any deficiencies; and
(iii) The hospital facility complaint process, including how consumers may file complaints, how the department investigates complaints, and how hospitals resolve any violations.
(b) The audit must be completed and provided to the legislature by July 2024.
Sec. 104. 2021 c 334 s 104 (uncodified) is amended to read as follows:
FOR THE LEGISLATIVE EVALUATION AND ACCOUNTABILITY PROGRAM COMMITTEE
Performance Audits of Government AccountState
Appropriation
. . . .
(($4,664,000))
     
$4,669,000
TOTAL APPROPRIATION
. . . .
(($4,664,000))
     
$4,669,000
Sec. 105. 2021 c 334 s 105 (uncodified) is amended to read as follows:
FOR THE JOINT LEGISLATIVE SYSTEMS COMMITTEE
General FundState Appropriation (FY 2022)
. . . .
(($14,173,000))
     
$14,465,000
General FundState Appropriation (FY 2023)
. . . .
(($14,235,000))
     
$15,823,000
TOTAL APPROPRIATION
. . . .
(($28,408,000))
     
$30,288,000
The appropriations in this section are subject to the following conditions and limitations: Within the amounts provided in this section, the joint legislative systems committee shall provide information technology support, including but not limited to internet service, for the district offices of members of the house of representatives and the senate.
NEW SECTION.  Sec. 106. A new section is added to 2021 c 334 (uncodified) to read as follows:
FOR THE OFFICE OF STATE LEGISLATIVE LABOR RELATIONS
General FundState Appropriation (FY 2023)
. . . .
$947,000
TOTAL APPROPRIATION
. . . .
$947,000
The appropriation in this section is subject to the following
conditions and limitations:
(1) $947,000 of the general fundstate appropriation for fiscal year 2023 is provided solely for implementation of House Bill No. 2124 (legislative employee collective bargaining). If the bill is not enacted by June 30, 2022, the amounts provided in this section shall lapse.
(2) Prior to the appointment of a director of the office of state legislative labor relations, the chief clerk of the house of representatives and the secretary of the senate may jointly authorize the expenditure of these funds to facilitate the establishment of the office.
Sec. 107. 2021 c 334 s 106 (uncodified) is amended to read as follows:
FOR THE OFFICE OF THE STATE ACTUARY
General FundState Appropriation (FY 2022)
. . . .
$367,000
General FundState Appropriation (FY 2023)
. . . .
$382,000
State Health Care Authority Administrative Account
State Appropriation
. . . .
$249,000
Department of Retirement Systems Expense Account
State Appropriation
. . . .
(($6,095,000))
     
$6,097,000
School Employees' Insurance Administrative Account
State Appropriation
. . . .
$250,000
TOTAL APPROPRIATION
. . . .
(($7,343,000))
     
$7,345,000
Sec. 108. 2021 c 334 s 107 (uncodified) is amended to read as follows:
FOR THE STATUTE LAW COMMITTEE
General FundState Appropriation (FY 2022)
. . . .
$5,366,000
General FundState Appropriation (FY 2023)
. . . .
(($5,766,000))
     
$5,767,000
TOTAL APPROPRIATION
. . . .
(($11,132,000))
     
$11,133,000
Sec. 109. 2021 c 334 s 111 (uncodified) is amended to read as follows:
FOR THE SUPREME COURT
General FundState Appropriation (FY 2022)
. . . .
(($9,781,000))
     
$9,744,000
General FundState Appropriation (FY 2023)
. . . .
(($9,848,000))
     
$10,730,000
TOTAL APPROPRIATION
. . . .
(($19,629,000))
     
$20,474,000
Sec. 110. 2021 c 334 s 112 (uncodified) is amended to read as follows:
FOR THE LAW LIBRARY
General FundState Appropriation (FY 2022)
. . . .
(($1,811,000))
     
$1,792,000
General FundState Appropriation (FY 2023)
. . . .
(($1,821,000))
     
$1,890,000
TOTAL APPROPRIATION
. . . .
(($3,632,000))
     
$3,682,000
Sec. 111. 2021 c 334 s 113 (uncodified) is amended to read as follows:
FOR THE COMMISSION ON JUDICIAL CONDUCT
General FundState Appropriation (FY 2022)
. . . .
(($1,650,000))
     
$1,638,000
General FundState Appropriation (FY 2023)
. . . .
(($1,649,000))
     
$1,635,000
TOTAL APPROPRIATION
. . . .
(($3,299,000))
     
$3,273,000
Sec. 112. 2021 c 334 s 114 (uncodified) is amended to read as follows:
FOR THE COURT OF APPEALS
General FundState Appropriation (FY 2022)
. . . .
(($21,818,000))
     
$21,706,000
General FundState Appropriation (FY 2023)
. . . .
(($22,146,000))
     
$22,035,000
TOTAL APPROPRIATION
. . . .
(($43,964,000))
     
$43,741,000
Sec. 113. 2021 c 334 s 115 (uncodified) is amended to read as follows:
FOR THE ADMINISTRATOR FOR THE COURTS
General FundState Appropriation (FY 2022)
. . . .
(($157,168,000))
     
$91,614,000
General FundState Appropriation (FY 2023)
. . . .
(($81,033,000))
     
$108,466,000
General FundFederal Appropriation
. . . .
(($2,209,000))
     
$3,994,000
General FundPrivate/Local Appropriation
. . . .
$681,000
Judicial Stabilization Trust AccountState
Appropriation
. . . .
(($6,692,000))
     
$74,692,000
Judicial Information Systems AccountState
Appropriation
. . . .
(($60,664,000))
     
$60,939,000
TOTAL APPROPRIATION
. . . .
(($308,447,000))
     
$340,386,000
The appropriations in this section are subject to the following conditions and limitations:
(1) The distributions made under this section and distributions from the county criminal justice assistance account made pursuant to section 801 of this act constitute appropriate reimbursement for costs for any new programs or increased level of service for purposes of RCW 43.135.060.
(2)(a) $7,000,000 of the general fundstate appropriation for fiscal year 2022 and $7,000,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for distribution to county juvenile court administrators for the costs associated with processing and case management of truancy, children in need of services, and at-risk youth referrals. The administrator for the courts, in conjunction with the juvenile court administrators, shall develop an equitable funding distribution formula. The formula must neither reward counties with higher than average per-petition/referral processing costs nor shall it penalize counties with lower than average per-petition/referral processing costs.
(b) Each fiscal year during the 2021-2023 fiscal biennium, each county shall report the number of petitions processed and the total actual costs of processing truancy, children in need of services, and at-risk youth petitions. Counties shall submit the reports to the administrator for the courts no later than 45 days after the end of the fiscal year. The administrator for the courts shall electronically transmit this information to the chairs and ranking minority members of the house of representatives and senate fiscal committees no later than 60 days after a fiscal year ends. These reports are informational in nature and are not for the purpose of distributing funds.
(3) $150,000 of the general fundstate appropriation for fiscal year 2022 and $150,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for providing all courts with an electronic demographic survey for jurors who begin a jury term. The survey must collect data on each juror's race, ethnicity, age, sex, employment status, educational attainment, and income, as well as any other data approved by order of the chief justice of the Washington state supreme court. This electronic data gathering must be conducted and reported in a manner that preserves juror anonymity. The administrative office of the courts shall provide this demographic data in a report to the governor and the appropriate committees of the legislature, and publish a copy of the report on a publicly available internet address by June 30, 2023.
(4)(a) $150,000 of the general fundstate appropriation for fiscal year 2022 and $150,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for the center for court research at the administrative office of the courts to review the number and types of young individuals placed on electronic home monitoring over a 10 year time period. The center for court research shall work in collaboration with the Washington state partnership council on juvenile justice and the juvenile block grant proviso committee (which includes a representative from the juvenile rehabilitation administration, the office of the administrator of the courts, the office of financial management, and the juvenile courts) to identify the number of individuals under the age of 26 that have been placed on electronic home monitoring by the department of children, youth, and families and the number of individuals placed on electronic home monitoring by or through juvenile courts from the year 2010 through 2020. At a minimum, the study must identify:
(i) How electronic home monitoring is defined and used by each entity;
(ii) The various types of electronic home monitoring services and the equipment used by each entity;
(iii) Whether the type of electronic home monitoring equipment used is different depending upon the age or type of the offender;
(iv) Whether the state or local entity provides the supervision and monitoring of individuals placed on electronic home monitoring or whether the supervision and monitoring are contracted services;
(v) By age, demographics, ethnicity, and race, the number of individuals that participated on electronic home monitoring each year;
(vi) By age, the offense committed that resulted in the individual being placed on electronic home monitoring, and the average duration of time individuals spent on electronic home monitoring; and
(vii) Whether electronic home monitoring was used as an alternative to or in lieu of incarceration or whether electronic home monitoring was used in addition to incarceration.
(b) The center for court research must complete a preliminary report by June 30, 2022, and submit a final report to the appropriate committees of the legislature by June 30, 2023.
(5) (($44,500,000 of the general fundstate appropriation for fiscal year 2022 is provided solely to assist counties with costs of resentencing and vacating the sentences of defendants whose convictions or sentences are affected by the State v. Blake decision. Subject to the availability of amounts provided in this section, the office must provide grants to counties that demonstrate extraordinary judicial, prosecution, or defense expenses for those purposes. The office must establish an application process for county clerks to seek funding and an equitable prioritization process for distributing the funding.
(6) $23,500,000 of the general fundstate appropriation for fiscal year 2022 is provided solely to establish a legal financial obligation aid pool to assist counties that are obligated to refund legal financial obligations previously paid by defendants whose convictions or sentences were affected by the State v. Blake ruling. County clerks may apply to the administrative office of the courts for a grant from the pool to assist with extraordinary costs of these refunds. State aid payments made to a county from the pool must first be attributed to any legal financial obligations refunded by the county on behalf of the state. The office must establish an application process for county clerks to seek funding and an equitable prioritization process for distributing the funding.
(7)))$44,500,000 of the judicial stabilization trust accountstate appropriation is provided solely to assist counties with costs of resentencing and vacating the sentences of defendants whose convictions or sentences are affected by the State v. Blake decision and to assist with the costs of processing refunds of legal financial obligations as specified in subsection (6) of this section. Counties may use up to 10 percent of these amounts for administrative costs incurred in processing refunds. Subject to the availability of amounts provided in this section, the office must provide funding to counties that demonstrate extraordinary judicial, prosecution, or defense expenses for those purposes. The office must establish a process for county clerks to seek funding and an equitable prioritization process for distributing the funding.
(6) $23,500,000 of the judicial stabilization trust accountstate appropriation is provided solely to establish a legal financial obligation aid pool to assist counties that are obligated to refund legal financial obligations previously paid by defendants whose convictions or sentences were affected by the State v. Blake ruling. State aid payments made to a county from the pool must first be attributed to any legal financial obligations refunded by the county on behalf of the state. The office must establish a process for county clerks to seek funding and an equitable prioritization process for distributing the funding.
(7)(($1,782,000))$1,665,000 of the general fundstate appropriation for fiscal year 2022 and $749,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for the implementation of Engrossed Second Substitute House Bill No. 1320 (civil protection orders). ((If the bill is not enacted by June 30, 2021, the amounts provided in this subsection shall lapse.))
(8) $68,000 of the general fundstate appropriation for fiscal year 2022 and $60,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for the implementation of Second Substitute House Bill No. 1219 (youth counsel-dependency). ((If the bill is not enacted by June 30, 2021, the amounts provided in this subsection shall lapse.))
(9) $110,000 of the general fundstate appropriation for fiscal year 2022 and $165,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for the implementation of House Bill No. 1167 (Thurston county superior court judge). ((If the bill is not enacted by June 30, 2021, the amount provided in this subsection shall lapse.))
(10) $1,094,000 of the general fundstate appropriation for fiscal year 2022 and $1,094,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for the statewide fiscal impact on Thurston county courts. It is the intent of the legislature that this policy will be continued in subsequent fiscal biennia.
(11) $4,505,000 of the general fundstate appropriation for fiscal year 2022 and (($4,505,000))$6,105,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for implementation of Engrossed Second Substitute Senate Bill No. 5160 (landlord-tenant relations), including the management of an eviction resolution pilot program. By June 30, 2022, the department shall provide to the legislature a detailed report of eviction resolution program expenditures and outcomes including but not limited to the number of dispute resolution centers participating in the program, the number of individuals served by dispute resolution centers in the program, the average cost of resolution proceedings, and the number of qualified individuals who applied but were unable to be served by dispute resolution centers due to lack of funding or other reasons. ((If the bill is not enacted by June 30, 2021, the amounts provided in this subsection shall lapse.))
(12) $325,000 of the general fundstate appropriation for fiscal year 2022 and $304,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for implementation of Second Substitute Senate Bill No. 5331 (early childhood court program). ((If the bill is not enacted by June 30, 2021, the amounts provided in this subsection shall lapse.))
(13) $44,000 of the general fundstate appropriation for fiscal year 2022 is provided solely for implementation of Engrossed Substitute Senate Bill No. 5226 (license suspensions/traffic). ((If the bill is not enacted by June 30, 2021, the amount provided in this subsection shall lapse.))
(14) $8,000,000 of the general fundstate appropriation for fiscal year 2022 ((is))and $8,000,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for distribution to local courts for cost associated with the court-appointed attorney and visitor requirements set forth in the uniform guardianship act in chapter 11.130 RCW. If the amount provided in this subsection is insufficient to fully fund the local court costs, distributions must be reduced on a proportional basis to ensure that expenditures remain within the available funds provided in this subsection. No later than December 31, 2021, the administrative office of the courts will provide a report on distributions to local courts including, but not limited to, the amount provided to each court, the number of guardianship cases funded at each court, costs segregated by attorney appointments and court visitor appointments, the amount of any pro rata reductions, and a recommendation on how to forecast distributions for potential future funding by the legislature.
(15) $375,000 of the general fundstate appropriation for fiscal year 2022 and $285,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for costs to relocate staff from the temple of justice to another workspace if the omnibus capital appropriation act provides funding for improvements to the heating, ventilation, lighting, and plumbing improvements to the temple of justice. Staff from the administrative office of the courts shall work with the department of enterprise services and the office of financial management to acquire temporary space in a state owned facility that meets the needs of the supreme court. If a state facility cannot be found, the court may acquire temporary workspace as it chooses.
(16) $846,000 of the general fundstate appropriation for fiscal year 2023 is provided solely for grants to enhance and expand the family and juvenile court improvement program. If Grays Harbor superior court elects to participate, the administrator must give it priority consideration for expansion of the program.
(17) $2,469,000 of the general fundstate appropriation for fiscal year 2023 is provided solely for the administrative office of the courts to support community justice counselors and community coordinators that work with municipal and district court drug and therapeutic court programs. The community justice counselors and community coordinators are responsible for working with court participants to ensure connection to community services and existing resources to support completion of court requirements. Funding must be used for a minimum of four municipal court programs, with at least two programs located east of the Cascade mountains and two programs located west of the Cascade mountains, including Spokane county and Snohomish county. Funding may also be used for additional supports for participants, including bus passes and other transportation assistance, basic cell phones and phone cards, and translation services. Counties and cities that receive funding must provide a report back to the administrative office of the courts that shows how funds were expended.
(18) $131,000 of the general fundstate appropriation for fiscal year 2023 is provided solely for a court policy analyst position to support the district and municipal court judges' association. The court policy analyst position must assist with the development, implementation, monitoring, and evaluation of district and municipal court programs, court operations, and court costs that relate to the State v. Blake decision.
(19) $4,500,000 of the general fundstate appropriation for fiscal year 2023 is provided solely for the administrative office of the courts to provide grant funding to counties for the creation of new therapeutic courts or the expansion of services being provided to an existing therapeutic court. For purposes of this subsection, "therapeutic court" has the meaning defined in RCW 2.30.020. Funding provided under this subsection may not supplant existing funds utilized for this purpose.
(20) $26,000 of the general fundstate appropriation for fiscal year 2023 is provided solely for implementation of Substitute House Bill No. 1773 (assisted outpatient treatment). If the bill is not enacted by June 30, 2022, the amount provided in this subsection shall lapse.
(21) $502,000 of the general fundstate appropriation for fiscal year 2023 is provided solely for implementation of Substitute House Bill No. 1901 (civil protection orders). If the bill is not enacted by June 30, 2022, the amount provided in this subsection shall lapse.
(22) $1,785,000 of the general fundfederal appropriation (CRF) is provided solely for COVID-19 response expenditures in fiscal year 2022. This funding expires December 31, 2021.
Sec. 114. 2021 c 334 s 116 (uncodified) is amended to read as follows:
FOR THE OFFICE OF PUBLIC DEFENSE
General FundState Appropriation (FY 2022)
. . . .
(($53,975,000))
     
$54,491,000
General FundState Appropriation (FY 2023)
. . . .
(($54,202,000))
     
$58,533,000
General FundFederal Appropriation
. . . .
$362,000
General FundPrivate/Local Appropriation
. . . .
$30,000
Judicial Stabilization Trust AccountState
Appropriation
. . . .
(($3,896,000))
     
$3,901,000
TOTAL APPROPRIATION
. . . .
(($112,465,000))
     
$117,317,000
The appropriations in this section are subject to the following conditions and limitations:
(1) $250,000 of the general fundstate appropriation for fiscal year 2022 and $250,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for the office of public defense to contract with a free legal clinic that has a medical-legal partnership and that currently provides parent representation to at-risk clients in dependency cases in Snohomish, Skagit, and King counties. Within amounts appropriated, the clinic must provide legal representation to parents who are pregnant or recently postpartum who are at risk of child abuse or neglect reports or investigations.
(2) $900,000 of the general fundstate appropriation for fiscal year 2022 and $900,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for the purpose of improving the quality of trial court public defense services. The office of public defense must allocate these amounts so that $450,000 per fiscal year is distributed to counties, and $450,000 per fiscal year is distributed to cities, for grants under chapter 10.101 RCW.
(3) $5,000 of the general fundstate appropriation for fiscal year 2022 and $14,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for the implementation of Second Substitute House Bill No. 1219 (youth counsel-dependency). ((If the bill is not enacted by June 30, 2021, the amounts provided in this subsection shall lapse.))
(4) $443,000 of the general fundstate appropriation for fiscal year 2022 and $683,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for the implementation of Engrossed Substitute House Bill No. 1140 (juvenile access to attorneys). ((If the bill is not enacted by June 30, 2021, the amounts provided in this subsection shall lapse.))
(5) $5,500,000 of the general fundstate appropriation for fiscal year 2022 and $5,500,000 of the general fundstate appropriation for fiscal year 2023 are provided solely to assist counties with public defense costs related to vacating the sentences of defendants whose convictions or sentences are affected by the State v. Blake decision. Of the amounts provided in this subsection:
(a) $400,000 of the general fundstate appropriation for fiscal year 2022 and $400,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for the office of public defense to provide statewide attorney training, technical assistance, data analysis and reporting, and quality oversight and for administering financial assistance for public defense costs related to State v. Blake impacts; and
(b) $5,100,000 of the general fundstate appropriation for fiscal year 2022 and $5,100,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for grants allocated for public defense assistance. The allocation of grant funding shall be determined based upon a formula as established by the office of public defense, and must be provided: (i) To assist counties providing counsel for clients seeking to vacate a sentence or to be resentenced under the State v. Blake decision; and (ii) to assist counties that may designate the office of public defense to contract directly with attorneys to represent and assist clients seeking to vacate a sentence or to be resentenced under the State v. Blake decision.
(6) $20,000 of the general fundstate appropriation for fiscal year 2023 is provided solely for the office of public defense to research and develop a proposal to assume the effective and efficient statewide administration of legal defense services for indigent persons who are involved in proceedings under chapter 10.77 RCW (criminally insane). By December 1, 2022, the office of public defense shall submit the proposal to the appropriate policy and fiscal committees of the legislature.
(a) In developing its proposal, the office of public defense must consult with interested persons, including local public defense agencies, the Washington defender association, the Washington association of criminal defense lawyers, the administrative office of the courts, the Washington association of prosecuting attorneys, disability rights Washington, current and former patients at eastern state hospital and western state hospital, the superior court judges association, the Washington state association of counties, the public safety review panel, and the department of social and health services.
(b) The office of public defense may provide a stipend for travel and other expenses to stakeholders for time spent participating in focus groups or interviews. The office may not provide a stipend to any public employees or to other stakeholders participating within the scope of their employment.
(c) At a minimum, the proposal should identify:
(i) Procedures to manage costs and require accountability consistent with the right to counsel under both the United States Constitution and the Washington state Constitution;
(ii) Statutory amendments necessary to implement the proposal;
(iii) Appropriate practice standards for defense of indigent persons involved in proceedings under chapter 10.77 RCW, including procedures to implement representation consistent with State v. Fletcher, No. 33810-0-III (Wn. Ct. App., Mar. 16, 2017);
(iv) An estimated number of attorneys and defense social workers statewide who are qualified to provide effective defense representation in these cases, an estimate of reasonable compensation for attorneys and social workers, and estimated annual costs of investigative and expert services required in these cases;
(v) The total cost necessary to implement the proposal statewide for the 2023-2025 fiscal biennium, including all staffing and administrative costs for the office of public defense administration; and
(vi) Possible savings to the state and counties that might result from implementing the proposal.
Sec. 115. 2021 c 334 s 117 (uncodified) is amended to read as follows:
FOR THE OFFICE OF CIVIL LEGAL AID
General FundState Appropriation (FY 2022)
. . . .
(($41,280,000))
     
$41,709,000
General FundState Appropriation (FY 2023)
. . . .
(($42,685,000))
     
$52,577,000
General FundFederal Appropriation
. . . .
$379,000
Judicial Stabilization Trust AccountState
Appropriation
. . . .
$1,464,000
TOTAL APPROPRIATION
. . . .
(($85,808,000))
     
$96,129,000
The appropriations in this section are subject to the following conditions and limitations:
(1) An amount not to exceed $40,000 of the general fund—state appropriation for fiscal year 2022 and an amount not to exceed $40,000 of the general fund—state appropriation for fiscal year 2023 may be used to provide telephonic legal advice and assistance to otherwise eligible persons who are sixty years of age or older on matters authorized by RCW 2.53.030(2) (a) through (k) regardless of household income or asset level.
(2) The office of civil legal aid shall enter into an interagency agreement with the department of children, youth, and families to facilitate the use of federal title IV-E reimbursement for child representation services.
(3) $568,000 of the general fundstate appropriation for fiscal year 2022 is appropriated solely to continue and expand civil legal representation for tenants in eviction cases.
(4) Up to $165,000 of the general fundstate appropriation for fiscal year 2022 may be used to wind down the children's representation study authorized in section 28, chapter 20, Laws of 2017 3rd sp. sess.
(5) $5,440,000 of the general fundstate appropriation for fiscal year 2022 and $5,000,000 of the general fundstate appropriation for fiscal year 2023 are provided solely to continue civil legal assistance to individuals and families directly and indirectly affected by the COVID-19 pandemic and its related health, social, economic, legal, and related consequences.
(6) $159,000 of the general fundstate appropriation for fiscal year 2022 and $1,511,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for the implementation of Second Substitute House Bill No. 1219 (youth counsel/dependency). ((If the bill is not enacted by June 30, 2021, the amounts provided in this subsection shall lapse.))
(7) (($10,772,000))$11,122,000 of the general fundstate appropriation for fiscal year 2022 and (($11,478,000))$12,957,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for implementation of Engrossed Second Substitute Senate Bill No. 5160 (landlord-tenant relations), including representation of indigent tenants in unlawful detainer cases. By June 30, 2022, the department shall provide to the legislature a detailed report of program expenditures and outcomes including but not limited to the number of individuals served, the average cost of a representation case, and the number of qualified individuals who qualified for but were unable to receive representation for funding or other reasons. ((If the bill is not enacted by June 30, 2021, the amounts provided in this subsection shall lapse.))
(8) $600,000 of the general fundstate appropriation for fiscal year 2022 and (($600,000))$2,250,000 of the general fundstate appropriation for fiscal year 2023 are provided solely to ((provide))continue and expand online automated plain language forms, outreach, education, technical assistance, and ((some)) legal assistance to help resolve civil matters ((surrounding))relating to legal financial obligations and vacating the sentences of defendants whose convictions or sentences are affected by the State v. Blake decision.
(9) $78,000 of the general fundstate appropriation for fiscal year 2022 and $313,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for the office of civil legal aid to cover the cost of contract adjustments necessary to conform attorney contracting practices with applicable caseload standards established by the supreme court commission on children in foster care.
(10) $350,000 of the general fundstate appropriation for fiscal year 2023 is provided solely to the office of civil legal aid to establish a legal advice phone line to provide guidance and legal advice for kinship caregivers. The phone line must be staffed by two FTE contracted attorneys that have experience with kinship care, guardianship statutes, the child welfare system, and issues relating to legal custody.
(11) $1,600,000 of the general fundstate appropriation for fiscal year 2023 is provided solely to support civil legal information, advice, and representation to tenants at risk of eviction and against whom an unlawful detainer action has not yet been commenced.
(12) $4,000,000 of the general fundstate appropriation for fiscal year 2023 is provided solely for the office of civil legal aid to provide civil legal aid services for survivors of domestic violence, including legal services for protection order proceedings, family law cases, immigration assistance, and tenancy issues.
(13) $500,000 of the general fundstate appropriation for fiscal year 2023 is provided solely for the office of civil legal aid to expand the statewide reentry legal aid project as established in section 115(12), chapter 357, Laws of 2020.
Sec. 116. 2021 c 334 s 118 (uncodified) is amended to read as follows:
FOR THE OFFICE OF THE GOVERNOR
General FundState Appropriation (FY 2022)
. . . .
(($11,093,000))
     
$11,552,000
General FundState Appropriation (FY 2023)
. . . .
(($10,920,000))
     
$15,968,000
Economic Development Strategic Reserve AccountState
Appropriation
. . . .
$5,000,000
TOTAL APPROPRIATION
. . . .
(($27,013,000))
     
$32,520,000
The appropriations in this section are subject to the following conditions and limitations:
(1) (($703,000))$917,000 of the general fund—state appropriation for fiscal year 2022 and (($803,000))$1,146,000 of the general fund—state appropriation for fiscal year 2023 are provided solely for the office of the education ombuds.
(2) $1,289,000 of the general fundstate appropriation for fiscal year 2022 and (($1,289,000))$3,545,000 of the general fundstate appropriation for fiscal year 2023 are provided solely to implement the provisions of chapter 332, Laws of 2020 (state equity office).
(3) $123,000 of the general fundstate appropriation for fiscal year 2022 and $118,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for implementation of Engrossed Substitute Senate Bill No. 5119 (individuals in custody). ((If the bill is not enacted by June 30, 2021, the amounts provided in this subsection shall lapse.))
(4) (($230,000))$180,000 of the general fundstate appropriation for fiscal year 2022 and (($120,000))$209,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for implementation of Engrossed Second Substitute Senate Bill No. 5126 (climate commitment act). ((If the bill is not enacted by June 30, 2021, the amounts provided in this subsection shall lapse.))
(5) $33,000 of the general fundstate appropriation for fiscal year 2022 is provided solely for the office of the education ombuds to support the language access work group that is reconvened and expanded in section 501(3)(g) of this act.
(6)(a) $20,000 of the general fundstate appropriation for fiscal year 2022 is provided solely for the Washington state LGBTQ commission, in collaboration with the health care authority, department of health, advocates for people living with HIV in Washington, consumers, and medical professionals with expertise in serving the medicaid population living with HIV, to consider and develop recommendations regarding:
(i) Access to HIV antiretroviral drugs on the medicaid drug formulary, including short- and long-term fiscal implications of eliminating current prior authorization and fail-first requirements;
(ii) Impact of drug access on public health and the statewide goal of reducing HIV transmissions; and
(iii) Maximizing pharmaceutical drug rebates for HIV antiretroviral drugs.
(b) The commission shall submit a brief report with recommendations to the appropriate committees of the legislature by November 1, 2021.
(7) $150,000 of the general fundstate appropriation for fiscal year 2022 and $150,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for the cost to support the blue ribbon commission on the intersection of the criminal justice and behavioral health crisis systems that will be established by governor executive order.
(8) Within the amounts appropriated in this section, the Washington state office of equity must cofacilitate the Washington digital equity forum, as provided in section 129(70) of this act, with the statewide broadband office.
(9) $207,000 of the general fundstate appropriation for fiscal year 2023 is provided solely for the office of equity to address additional workload created by legislation enacted during the 2021 legislative session.
(10) $609,000 of the general fundstate appropriation for fiscal year 2023 is provided solely for the office of equity to establish and support a community engagement board.
(11) $50,000 of the general fundstate appropriation for fiscal year 2022 and $250,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for the governor to invite, at a minimum, federally recognized tribes, legislative leadership, local governments, agricultural producers, commercial and recreational fisher organizations, business organizations, salmon recovery organizations, forestry organizations, and environmental organizations to participate in a process facilitated by an independent entity to develop recommendations on proposed changes in policy and spending priorities to improve riparian habitat to ensure more salmon and steelhead are available for treaty and nontreaty uses for all Washingtonians.
(a) Recommendations should include bold reforms and strategies that encompass solutions behind salmon declines. Protecting our salmon is a priority for all Washingtonians for the following reasons:
(i) Salmon are an indicator species dependent upon fully functioning, healthy riparian areas; as wild salmon decline, it foretells the decline of the water quality and all other species in our aquatic systems;
(ii) Salmon play a major role in our state's wildlife diversity and cultural heritage; and
(iii) Salmon are the keystone species to 137 other animals, including southern resident orcas and bears.
(b) Building upon the work of the state and federally recognized tribes in the riparian pathways work group established as a result of the commitment between sovereigns at the 2019 Centennial accord, the recommendations must include:
(i) Improvements to land use planning and development regulations that ensure the protection and recovery of salmon;
(ii) Standards to protect areas adjacent to streams and rivers;
(iii) Standards to restore areas adjacent to streams and rivers;
(iv) Financial incentives for landowners to protect and restore streamside habitat;
(v) Recommendations to improve salmon recovery program coordination amongst state agencies; and
(vi) Recommendations for regulatory requirements when voluntary measures and financial incentives do not achieve streamside protection and restoration.
(c) Preliminary recommendations shall be submitted to the legislature and governor by October 1, 2022, with a final report by November 1, 2022.
(d) The office of the governor shall contract for an independent facilitator. The contract is exempt from the competitive procurement requirements in chapter 39.26 RCW.
(e) Nothing in this facilitated process prevents the governor from continuing the government-to-government relationship with federally recognized tribes.
(12) $40,000 of the general fundstate appropriation for fiscal year 2022 and $160,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for the office of equity to collaborate with the commission on African American affairs, the commission on Asian Pacific American affairs, the commission on Hispanic affairs, and the governor's office of Indian affairs to engage contractors to conduct the analyses funded in sections 120(4), 121(1), 121(2), 132, and 133(2) of this act.
(13) $175,000 of the general fundstate appropriation for fiscal year 2023 is provided solely for implementation of Engrossed Second Substitute House Bill No. 1723 (digital equity act). If the bill is not enacted by June 30, 2022, the amount provided in this subsection shall lapse.
Sec. 117. 2021 c 334 s 119 (uncodified) is amended to read as follows:
FOR THE LIEUTENANT GOVERNOR
General FundState Appropriation (FY 2022)
. . . .
(($1,880,000))
     
$1,861,000
General FundState Appropriation (FY 2023)
. . . .
(($1,598,000))
     
$1,579,000
General FundPrivate/Local Appropriation
. . . .
$90,000
TOTAL APPROPRIATION
. . . .
(($3,568,000))
     
$3,530,000
The appropriations in this section are subject to the following conditions and limitations: $300,000 of the general fundstate appropriation for fiscal year 2022 is provided solely for the legislative committee on economic development and international relations to conduct a business competitiveness analysis of the state's economy. Expenditure of the amount provided in this section must comply with chapter 39.26 RCW.
Sec. 118. 2021 c 334 s 120 (uncodified) is amended to read as follows:
FOR THE PUBLIC DISCLOSURE COMMISSION
General FundState Appropriation (FY 2022)
. . . .
(($5,724,000))
     
$5,729,000
General FundState Appropriation (FY 2023)
. . . .
(($5,545,000))
     
$5,771,000
Public Disclosure Transparency AccountState
Appropriation
. . . .
(($1,014,000))
     
$931,000
TOTAL APPROPRIATION
. . . .
(($12,283,000))
     
$12,431,000
The appropriations in this section are subject to the following conditions and limitations:
(1) $280,000 of the public disclosure transparency account—state appropriation is provided solely for staff for business analysis and project management of information technology projects.
(2) No moneys may be expended from the appropriations in this section to establish an electronic directory, archive, or other compilation of political advertising unless explicitly authorized by the legislature.
(3) $424,000 of the public disclosure transparency accountstate appropriation is provided solely for information technology staffing to meet the demands of maintaining online filing and disclosure systems.
(4) $180,000 of the public disclosure transparency accountstate appropriation is provided solely for a dedicated training and outreach staff to develop course materials and facilitate the creation of an expanded filer training program.
Sec. 119. 2021 c 334 s 121 (uncodified) is amended to read as follows:
FOR THE SECRETARY OF STATE
General FundState Appropriation (FY 2022)
. . . .
(($20,922,000))
     
$22,066,000
General FundState Appropriation (FY 2023)
. . . .
(($31,158,000))
     
$48,507,000
General FundFederal Appropriation
. . . .
(($12,760,000))
     
$12,819,000
Public Records Efficiency, Preservation, and Access
AccountState Appropriation
. . . .
(($10,005,000))
     
$10,496,000
Charitable Organization Education AccountState
Appropriation
. . . .
(($901,000))
     
$1,367,000
Washington State Library Operations AccountState
Appropriation
. . . .
(($11,698,000))
     
$14,461,000
Local Government Archives AccountState
Appropriation
. . . .
(($10,120,000))
     
$10,814,000
Election AccountFederal Appropriation
. . . .
(($4,368,000))
     
$4,381,000
Personnel Service AccountState Appropriation
. . . .
$657,000
TOTAL APPROPRIATION
. . . .
(($101,932,000))
     
$125,568,000
The appropriations in this section are subject to the following conditions and limitations:
(1) $2,498,000 of the general fund—state appropriation for fiscal year 2022 and $12,196,000 of the general fund—state appropriation for fiscal year 2023 are provided solely to reimburse counties for the state's share of primary and general election costs and the costs of conducting mandatory recounts on state measures. Counties shall be reimbursed only for those costs that the secretary of state validates as eligible for reimbursement.
(2)(a)(i) $3,051,500 of the general fund—state appropriation for fiscal year 2022 and $3,051,500 of the general fund—state appropriation for fiscal year 2023 are provided solely for contracting with a nonprofit organization to produce gavel-to-gavel television coverage of state government deliberations and other events of statewide significance during the 2021-2023 fiscal biennium. The funding level for each year of the contract shall be based on the amount provided in this subsection. The nonprofit organization shall be required to raise contributions or commitments to make contributions, in cash or in kind, in an amount equal to forty percent of the state contribution. The office of the secretary of state may make full or partial payment once all criteria in this subsection have been satisfactorily documented.
(ii) $405,000 of the general fundstate appropriation for fiscal year 2022 is provided solely for the contracted nonprofit to upgrade and replace equipment.
(b) The legislature finds that the commitment of on-going funding is necessary to ensure continuous, autonomous, and independent coverage of public affairs. For that purpose, the secretary of state shall enter into a contract with the nonprofit organization to provide public affairs coverage.
(c) The nonprofit organization shall prepare an annual independent audit, an annual financial statement, and an annual report, including benchmarks that measure the success of the nonprofit organization in meeting the intent of the program.
(d) No portion of any amounts disbursed pursuant to this subsection may be used, directly or indirectly, for any of the following purposes:
(i) Attempting to influence the passage or defeat of any legislation by the legislature of the state of Washington, by any county, city, town, or other political subdivision of the state of Washington, or by the congress, or the adoption or rejection of any rule, standard, rate, or other legislative enactment of any state agency;
(ii) Making contributions reportable under chapter 42.17 RCW; or
(iii) Providing any: (A) Gift; (B) honoraria; or (C) travel, lodging, meals, or entertainment to a public officer or employee.
(3) Any reductions to funding for the Washington talking book and Braille library may not exceed in proportion any reductions taken to the funding for the library as a whole.
(4) $75,000 of the general fundstate appropriation for fiscal year 2022 and $75,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for humanities Washington speaker's bureau community conversations.
(5) $114,000 of the general fundstate appropriation for fiscal year 2022 and $114,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for election reconciliation reporting. Funding provides for one staff to compile county reconciliation reports, analyze the data, and to complete an annual statewide election reconciliation report for every state primary and general election. The report must be submitted annually on July 31, beginning July 31, 2021, to legislative policy and fiscal committees. The annual report must include statewide analysis and by county analysis on the reasons for ballot rejection and an analysis of the ways ballots are received, counted, rejected and cure data that can be used by policymakers to better understand election administration.
(6) $546,000 of the general fundstate appropriation for fiscal year 2022 and $546,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for staff dedicated to the maintenance and operations of the voter registration and election management system. These staff will manage database upgrades, database maintenance, system training and support to counties, and the triage and customer service to system users.
(7) $626,000 of the public records efficiency, preservation, and access account—state appropriation is provided solely for additional project staff to pack, catalog, and move the states archival collection in preparation for the move to the new library archives building that will be located in Tumwater.
(8) Within existing resources, the office of the secretary of state must research and evaluate availability of online trainings to include, but not be limited to, job-related, educational, and information technology trainings that are available free of charge. The office must compare those to the online trainings available from the Microsoft linked in academy. The office must report the comparative findings to fiscal committees of the legislature by September 1, 2022.
(9) $251,000 of the general fundstate appropriation for fiscal year 2022 is provided solely for implementation of Substitute Senate Bill No. 5034 (nonprofit corporations). ((If the bill is not enacted by June 30, 2021, the amount provided in this subsection shall lapse.))
(10) $269,000 of the government archives accountstate appropriation is provided solely for implementation of Senate Bill No. 5019 (recording standards commission). ((If the bill is not enacted by June 30, 2021, the amount provided in this subsection shall lapse.))
(11) $1,000,000 of the general fundfederal appropriation (ARPA) is provided solely for humanities Washington to provide grants to humanities organizations in Washington state pursuant to the American rescue plan act of 2021, P.L. 117-2. Of the amounts provided in this subsection:
(a) Forty percent must be used for grants to state humanities organizations' programming and general operating expenses to cover up to 100 percent of the costs of the programs which the grants support, to prevent, prepare for, respond to, and recover from coronavirus; and
(b) Sixty percent must be used for direct grants, and relevant administrative expenses, that support humanities organizations' programming and general operating expenses to cover up to 100 percent of the costs of the programs which the grants support, to prevent, prepare for, respond to, and recover from coronavirus.
(12) $3,600,000 of the general fundfederal appropriation (ARPA) is provided to the state library as the designated state library administrative agency solely to administer and distribute institute of museum and library services grants to museums, tribal partners, and libraries for eligible expenses and services. Pursuant to federal directive, no more than four percent of distributed funds may be held for grant administration.
(13) $2,534,000 of the general fundstate appropriation for fiscal year 2023 is provided solely for one grant to each county to support voter registration and voting within county jails. Grants may be used to develop and implement a plan to increase voting amongst the jail population, create voting materials specific to the jail population, purchase supplies and equipment for voting in jails, and provide direct staffing in jails to support voting activities. Each county grantee must submit a postelection report by February 1, 2023, to the secretary of state detailing the use of grant funding, evaluation of the grant's overall effectiveness in achieving its objective to increase voter registration and voting of the jailed population, and recommendations regarding best practices and law changes, if needed. Of the amounts provided in this section, up to $100,000 may be used for the office of the secretary of state to compile the reports received in this subsection into a single report. The report must include an analysis of the county grant projects, including recommended policies and procedures for county jails regarding inmate voting. The report must be delivered to the governor and legislature by June 30, 2023.
(14) $100,000 of the general fundstate appropriation for fiscal year 2023 is provided to the state library to develop a digital literacy assessment tool and protocol to be used by organizations that provide digital literacy support; conduct a baseline assessment of digital readiness for a representative sample of Washington residents; and publish the assessment tool, protocol, and baseline assessment findings on the state library website for public use by June 1, 2023. The office must also submit a report to the governor and legislature by June 1, 2023, that describes the tool, protocol, and assessment findings.
(15) $250,000 of the general fundstate appropriation for fiscal year 2022 is provided solely for the office to contract with the University of Washington Evans school of public policy and governance to review the data used in the 2022 state auditor's performance audit titled "evaluating Washington's ballot rejection rates," which found that voters from certain counties, younger voters, male voters, Black voters, Native American voters, and Latino voters were more likely to have their ballots rejected. The review must include an analysis of: (a) Voter interaction with the vote-by-mail and ballot return process; (b) circumstances in which voted returned ballots are not accepted due to signature mismatch, including whether the ballot was rejected due to late return, a signature by another person, a blank signature line, a different name used, or the signature could not conclude that the voter was the signatory; (c) processes used by county election offices to allow voters to cure ballots; (d) methods in which counties collect, maintain, and update voter signatures on file; (e) communication with voters concerning how to prepare and return a voted ballot for counting; (f) best practices for curing rejected signatures; and (e) education and outreach methods emphasizing the importance of voter signatures on voted returned ballots with a focus on increasing successful voting. The results of the analysis must be reported to the governor and the appropriate committees of the legislature by October 15, 2022.
(16) $657,000 of the personnel service fundstate appropriation is provided solely for administration of the productivity board established in chapter 41.60 RCW. The secretary of state shall convene the first meeting of the board by September 1, 2022. By June 30, 2023, the board must provide the legislature and all other state agencies with a topical list of all productivity awards granted in fiscal year 2023 for the purpose of providing agencies with the opportunity to adopt or modify for agency use the suggestions identified by awardees.
(17) $500,000 of the general fundstate appropriation for fiscal year 2023 is provided solely for implementation of Second Substitute House Bill No. 1835 (postsecondary enrollment). If the bill is not enacted by June 30, 2022, the amount provided in this subsection shall lapse.
(18) $396,000 of the general fundstate appropriation for fiscal year 2023 is provided solely for implementation of Engrossed Substitute House Bill No. 1357 (voters' pamphlet overseas). If the bill is not enacted by June 30, 2022, the amount provided in this subsection shall lapse.
(19) $8,000,000 of the general fundstate appropriation for fiscal year 2023 is provided solely for elections security operations.
(20) $3,500,000 of the general fundstate appropriation for fiscal year 2023 is provided solely for election information outreach activities.
(21) $300,000 of the general fundstate appropriation for fiscal year 2022 and $700,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for a contract with humanities Washington to expand the prime time family reading program.
Sec. 120. 2021 c 334 s 122 (uncodified) is amended to read as follows:
FOR THE GOVERNOR'S OFFICE OF INDIAN AFFAIRS
General FundState Appropriation (FY 2022)
. . . .
(($905,000))
     
$942,000
General FundState Appropriation (FY 2023)
. . . .
(($401,000))
     
$1,145,000
TOTAL APPROPRIATION
. . . .
(($1,306,000))
     
$2,087,000
The appropriations in this section are subject to the following conditions and limitations:
(1) The office shall assist the department of enterprise services on providing the government-to-government training sessions for federal, state, local, and tribal government employees. The training sessions shall cover tribal historical perspectives, legal issues, tribal sovereignty, and tribal governments. Costs of the training sessions shall be recouped through a fee charged to the participants of each session. The department of enterprise services shall be responsible for all of the administrative aspects of the training, including the billing and collection of the fees for the training.
(2) $500,000 of the general fundstate appropriation for fiscal year 2022 is provided solely for the governor's office of Indian affairs to engage in a process to develop recommendations on improving executive and legislative tribal relationships. In developing the recommendations, the governor's office of Indian affairs may contract with a third party facilitator.
(a) The governor's office of Indian affairs or the contracted third party must host and facilitate discussions between the executive branch, the legislative branch, and Indian tribes as defined in RCW 43.376.010 to develop the recommendations.
(b) By December 20, 2021, the governor's office of Indian affairs must submit a report of recommendations to the Governor and legislature in accordance with RCW 43.01.036. At a minimum, the report should include recommendations on:
(i) An examination of government-to-government relationship with Indian tribes as in chapter 43.376 RCW;
(ii) The consultation processes; and
(iii) Training to be provided to state agencies and the legislature.
(3)(a) $350,000 of the general fundstate appropriation for fiscal year 2023 is provided solely for the governor's office of Indian affairs to expand capacity of the office to improve state and local executive and tribal relationships. Funds must be used to support:
(i) Consultation with tribes and local governments on implementation of the climate commitment act and growth management act;
(ii) Government-to-government engagement on natural resources, environment, and infrastructure;
(iii) Consultation with tribes and local governments on tribal legal definitions;
(iv) Early engagement on legislative and executive consultation and dispute resolution policy and processes with all agencies; and
(v) Coordination with a third party to facilitate roundtable meetings for agencies, tribes, and stakeholders to assess and provide recommendations in a report for streamlining statewide salmon recovery planning, policy, programs, and budgets. The report should be provided to the appropriate committees in the legislature by June 30, 2023.
(b) The legislature intends to provide additional funding for activities under this subsection (3) in the next fiscal biennium.
(4) $40,000 of the general fundstate appropriation for fiscal year 2022 and $160,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for the office to collaborate with the office of equity to engage a contractor to conduct a detailed analysis of the opportunity gap for Native American students; analyze the progress in developing effective government-to-government relations and identification and adoption of curriculum regarding tribal history, culture, and government as provided under RCW 28A.345.070; develop recommendations for continuing efforts to close the educational opportunity gap while meeting the state's academic achievement indicators as identified in the state's every student succeeds act consolidated plan; and identify performance measures to monitor adequate yearly progress. The contractor shall submit a study update by December 1, 2022, and submit a final report by June 30, 2023, to the educational opportunity gap oversight and accountability committee, the governor, the superintendent of public instruction, the state board of education, and the education committees of the legislature.
Sec. 121. 2021 c 334 s 123 (uncodified) is amended to read as follows:
FOR THE COMMISSION ON ASIAN PACIFIC AMERICAN AFFAIRS
General FundState Appropriation (FY 2022)
. . . .
(($448,000))
     
$528,000
General FundState Appropriation (FY 2023)
. . . .
(($462,000))
     
$840,000
TOTAL APPROPRIATION
. . . .
(($910,000))
     
$1,368,000
The appropriations in this section are subject to the following conditions and limitations:
(1) $40,000 of the general fundstate appropriation for fiscal year 2022 and $160,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for the commission to collaborate with the office of equity to engage a contractor to conduct a detailed analysis of the opportunity gap for Asian American students; develop recommendations for continuing efforts to close the educational opportunity gap while meeting the state's academic achievement indicators as identified in the state's every student succeeds act consolidated plan; and identify performance measures to monitor adequate yearly progress. The contractor shall submit a study update by December 1, 2022, and submit a final report by June 30, 2023, to the educational opportunity gap oversight and accountability committee, the governor, the superintendent of public instruction, the state board of education, and the education committees of the legislature.
(2) $40,000 of the general fundstate appropriation for fiscal year 2022 and $160,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for the commission to collaborate with the office of equity to engage a contractor to conduct a detailed analysis of the opportunity gap for Native Hawaiian and Pacific Islander students; develop recommendations for continuing efforts to close the educational opportunity gap while meeting the state's academic achievement indicators as identified in the state's every student succeeds act consolidated plan; and identify performance measures to monitor adequate yearly progress. The contractor shall submit a study update by December 1, 2022, and submit a final report by June 30, 2023, to the educational opportunity gap oversight and accountability committee, the governor, the superintendent of public instruction, the state board of education, and the education committees of the legislature.
Sec. 122. 2021 c 334 s 124 (uncodified) is amended to read as follows:
FOR THE STATE TREASURER
General FundState Appropriation (FY 2022)
. . . .
$250,000
General FundState Appropriation (FY 2023)
. . . .
$250,000
State Treasurer's Service AccountState
Appropriation
. . . .
(($20,375,000))
     
$20,829,000
TOTAL APPROPRIATION
. . . .
(($20,875,000))
     
$21,329,000
The appropriation in this section is subject to the following conditions and limitations:
(1) $250,000 of the general fundstate appropriation for fiscal year 2022 and $250,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for implementation of Engrossed Substitute House Bill No. 1189 (tax increment financing). ((If the bill is not enacted by June 30, 2021, the amounts provided in this subsection shall lapse.))
(2) $450,000 of the state treasurer's service accountstate appropriation is provided to establish a committee on the program impacts of the Washington future fund "baby bonds" investment model on wealth gaps and provides expenditure authority for one additional FTE for ongoing policy and program analysis. The committee shall consult with experts to study and gather data on inequities including racial wealth gaps in Washington and examine how investment programs such as the Washington future fund program or similar "baby bonds" investment programs can impact wealth inequities and the future financial stability of the Washington state treasury. The committee will analyze the Washington future fund and other "baby bonds" investment models and provide recommendations for program implementation.
(a) At a minimum, the committee will consist of the state treasurer, or the state treasurer's designee, as chair of the committee, one member from each of the two largest caucuses of the senate appointed by the president of the senate, one member from each of the two largest caucuses of the house of representatives appointed by the speaker of the house of representatives, three members from communities with lived experience as appointed by the state treasurer, and three members from economic empowerment organizations as appointed by the state treasurer. The committee will ensure that opportunity for input from interested stakeholders is provided. The state treasurer's office shall provide staff resources and assistance to the committee as needed.
(b) The committee may consult with the state investment board, the Washington health care authority, the Washington state housing finance commission, the department of social and health services, the department of commerce, and other agencies as necessary.
(c) The committee will report on the findings of the data collection, analysis, and any recommendations for legislative action to the legislature by December 1, 2022.
(d) The state treasurer may include these recommendations in draft legislation for the Washington future fund.
Sec. 123. 2021 c 334 s 125 (uncodified) is amended to read as follows:
FOR THE STATE AUDITOR
General FundState Appropriation (FY 2022)
. . . .
(($613,000))
     
$463,000
General FundState Appropriation (FY 2023)
. . . .
(($1,062,000))
     
$1,812,000
Auditing Services Revolving AccountState
Appropriation
. . . .
(($14,456,000))
     
$16,041,000
Performance Audits of Government AccountState
Appropriation
. . . .
$1,683,000
TOTAL APPROPRIATION
. . . .
(($17,814,000))
     
$19,999,000
The appropriations in this section are subject to the following conditions and limitations:
(1) $1,585,000 of the performance audit of government accountstate appropriation is provided solely for staff and related costs to verify the accuracy of reported school district data submitted for state funding purposes; conduct school district program audits of state-funded public school programs; establish the specific amount of state funding adjustments whenever audit exceptions occur and the amount is not firmly established in the course of regular public school audits; and to assist the state special education safety net committee when requested.
(2) Within existing resources of the performance audits of government account, the state auditor's office shall conduct a performance audit or accountability audit of Washington charter public schools to satisfy the requirement to contract for an independent performance audit pursuant to RCW 28A.710.030(2).
(3) $825,000 of the auditing services revolving accountstate appropriation is provided solely for accountability and risk based audits.
(4) $585,000 of the general fundstate appropriation for fiscal year 2022 and $1,030,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for the implementation of Engrossed Second Substitute House Bill No. 1089 (law enforcement audits). ((If the bill is not enacted by June 30, 2021, the amounts provided in this subsection shall lapse.))
(5) $600,000 of the general fundstate appropriation for fiscal year 2023 is provided solely for the state auditor to conduct critical infrastructure penetration test audits on local governments.
Sec. 124. 2021 c 334 s 126 (uncodified) is amended to read as follows:
FOR THE CITIZENS' COMMISSION ON SALARIES FOR ELECTED OFFICIALS
General FundState Appropriation (FY 2022)
. . . .
(($252,000))
     
$250,000
General FundState Appropriation (FY 2023)
. . . .
(($279,000))
     
$277,000
TOTAL APPROPRIATION
. . . .
(($531,000))
     
$527,000
Sec. 125. 2021 c 334 s 127 (uncodified) is amended to read as follows:
FOR THE ATTORNEY GENERAL
General FundState Appropriation (FY 2022)
. . . .
(($18,708,000))
     
$22,128,000
General FundState Appropriation (FY 2023)
. . . .
(($23,379,000))
     
$30,209,000
General FundFederal Appropriation
. . . .
(($18,226,000))
     
$21,685,000
Public Service Revolving AccountState Appropriation
. . . .
(($4,145,000))
     
$4,273,000
New Motor Vehicle Arbitration AccountState
Appropriation
. . . .
(($1,721,000))
     
$1,756,000
Medicaid Fraud Penalty AccountState Appropriation
. . . .
(($5,862,000))
     
$6,028,000
Child Rescue FundState Appropriation
. . . .
$80,000
Legal Services Revolving AccountState Appropriation
. . . .
(($300,291,000))
     
$334,975,000
Local Government Archives AccountState
Appropriation
. . . .
(($1,004,000))
     
$1,031,000
Tobacco Prevention and Control AccountState
Appropriation
. . . .
$275,000
((Consumer Privacy AccountState Appropriation
. . . .
$1,241,000))
TOTAL APPROPRIATION
. . . .
(($374,932,000))
     
$422,440,000
The appropriations in this section are subject to the following conditions and limitations:
(1) The attorney general shall report each fiscal year on actual legal services expenditures and actual attorney staffing levels for each agency receiving legal services. The report shall be submitted to the office of financial management and the fiscal committees of the senate and house of representatives no later than ninety days after the end of each fiscal year. As part of its by agency report to the legislative fiscal committees and the office of financial management, the office of the attorney general shall include information detailing the agency's expenditures for its agency-wide overhead and a breakdown by division of division administration expenses.
(2) Prior to entering into any negotiated settlement of a claim against the state that exceeds five million dollars, the attorney general shall notify the director of financial management and the chairs and ranking members of the senate committee on ways and means and the house of representatives committee on appropriations.
(3) The attorney general shall annually report to the fiscal committees of the legislature all new cy pres awards and settlements and all new accounts, disclosing their intended uses, balances, the nature of the claim or account, proposals, and intended timeframes for the expenditure of each amount. The report shall be distributed electronically and posted on the attorney general's web site. The report shall not be printed on paper or distributed physically.
(4) $161,000 of the general fundstate appropriation for fiscal year 2022 and $161,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for the civil rights unit to provide additional services in defense and protection of civil and constitutional rights for people in Washington.
(5) $8,392,000 of the legal services revolving accountstate appropriation is provided solely for child welfare and permanency staff.
(6) $617,000 of the general fundstate appropriation for fiscal year 2022 and $617,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for multi-year arbitrations of the state's diligent enforcement of its obligations to receive amounts withheld from tobacco master settlement agreement payments.
(7) $1,600,000 of the legal services revolving fundstate appropriation is provided solely for the office to compel the United States department of energy to meet Hanford cleanup deadlines.
(8) $28,000 of the legal services revolving fundstate appropriation is provided solely for implementation of Engrossed Second Substitute Senate Bill No. 5022 (recycling, waste and litter). ((If the bill is not enacted by June 30, 2021, the amount provided in this subsection shall lapse.))
(9) $584,000 of the legal services revolving fundstate appropriation is provided solely for implementation of Engrossed Second Substitute Senate Bill No. 5051 (peace & correction officers). ((If the bill is not enacted by June 30, 2021, the amount provided in this subsection shall lapse.))
(10) (($1,241,000 of the consumer privacy accountstate appropriation is provided solely for implementation of Second Substitute Senate Bill No. 5062 (data). If the bill is not enacted by June 30, 2021, the amount provided in this subsection shall lapse.
(11))) $122,000 of the legal services revolving accountstate appropriation is provided solely for implementation of Engrossed Substitute Senate Bill No. 5096 (capital gains tax). ((If the bill is not enacted by June 30, 2021, the amount provided in this subsection shall lapse.
(12)))(11) $256,000 of the legal services revolving fundstate appropriation is provided solely for implementation of Engrossed Substitute Senate Bill No. 5097 (paid leave coverage). ((If the bill is not enacted by June 30, 2021, the amount provided in this subsection shall lapse.
(13) $170,000))(12) $284,000 of the legal services revolving fundstate appropriation is provided solely for implementation of Engrossed Second Substitute Senate Bill No. 5126 (climate commitment). ((If the bill is not enacted by June 30, 2021, the amount provided in this subsection shall lapse.
(14)))(13) $395,000 of the legal services revolving accountstate appropriation is provided solely for implementation of Engrossed Substitute Senate Bill No. 5141 (environmental justice task force). ((If the bill is not enacted by June 30, 2021, the amount provided in this subsection shall lapse.
(15)))(14) $1,198,000 of the legal services revolving accountstate appropriation is provided solely for implementation of Engrossed Second Substitute Senate Bill No. 5163 (conditionally released SVPs). ((If the bill is not enacted by June 30, 2021, the amount provided in this subsection shall lapse.
(16)))(15) $218,000 of the general fundstate appropriation for fiscal year 2022 and $5,107,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for implementation of Engrossed Second Substitute Senate Bill No. 5259 (law enforcement data). ((If the bill is not enacted by June 30, 2021, the amounts provided in this subsection shall lapse.
(17)))(16) $1,485,000 of the general fundstate appropriation for fiscal year 2022 and $958,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for implementation of a program for receiving and responding to tips from the public regarding risks or potential risks to the safety or well-being of youth, called the YES tip line program. Risks to safety or well-being may include, but are not limited to, harm or threats of harm to self or others, sexual abuse, assault, rape, bullying or cyberbullying, substance use, and criminal acts. Any person contacting the YES tip line, whether for themselves or for another person, must receive timely assistance and not be turned away. The program must operate within the guidelines of this subsection.
(a) During the development and implementation of the YES tip line program the attorney general shall convene an advisory committee consisting of representatives from the Washington state patrol, the department of health, the health care authority, the office of the superintendent of public instruction, the Washington student achievement council, the Washington association of educational service districts, and other participants the attorney general appoints.
(b) The attorney general shall develop and implement policies and processes for:
(i) Assessing tips based on the level of severity, urgency, and assistance needed using best triage practices including the YES tip line;
(ii) Risk assessment for referral of persons contacting the YES tip line to service providers;
(iii) Threat assessment that identifies circumstances requiring the YES tip line to alert law enforcement, mental health services, or other first responders immediately when immediate emergency response to a tip is warranted;
(iv) Referral and follow-up on tips to schools or postsecondary institution teams, local crisis services, law enforcement, and other entities;
(v) YES tip line information data retention and reporting requirements;
(vi) Ensuring the confidentiality of persons submitting a tip and to allow for disclosure when necessary to respond to a specific emergency threat to life; and
(vii) Systematic review, analysis, and reporting by the YES tip line program of YES tip line data including, but not limited to, reporting program utilization and evaluating whether the YES tip line is being implemented equitably across the state.
(c) The YES tip line shall be operated by a vendor selected by the attorney general through a competitive contracting process. The attorney general shall ensure that the YES tip line program vendor and its personnel are properly trained and resourced. The contract must require the vendor to be bound confidentiality policies developed by the office. The contract must also provide that the state of Washington owns the data and information produced from the YES tip line and that vendor must comply with the state's data retention, use, and security requirements.
(d) The YES tip line program must develop and maintain a reference and best practices tool kit for law enforcement and mental health officials that identifies statewide and community mental health resources, services, and contacts, and provides best practices and strategies for investigators to use in investigating cases and assisting youths and their parents and guardians.
(e) The YES tip line program must promote and market the program and YES tip line to youth, families, community members, schools, and others statewide to build awareness of the program's resources and the YES tip line. Youth perspectives must be included and consulted in creating marketing campaigns and materials required for the YES tip line program. The insights of youth representing marginalized and minority communities must be prioritized for their invaluable insight.
(((19)))(17) $196,000 of the legal services revolving accountstate appropriation is provided solely to provide staff support to the joint legislative task force on jail standards created in section 957 of this act.
(((20)))(18) $38,000 of the legal services revolving accountstate appropriation is provided solely for implementation of Second Substitute House Bill No. 1148 (acute care hospitals). ((If the bill is not enacted by June 30, 2021, the amount provided in this subsection shall lapse.
(21)))(19) $294,000 of the legal services revolving accountstate appropriation is provided solely for implementation of Substitute House Bill No. 1259 (women & minority contracting). ((If the bill is not enacted by June 30, 2021, the amount provided in this subsection shall lapse.
(22)))(20) $1,207,000 of the legal services revolving accountstate appropriation is provided solely for implementation of Second Substitute House Bill No. 1219 (youth counsel/dependency). ((If the bill is not enacted by June 30, 2021, the amount provided in this subsection shall lapse.
(23)))(21) $28,000 of the legal services revolving accountstate appropriation is provided solely for implementation of Engrossed Second Substitute House Bill No. 1089 (law enforcement audits). ((If the bill is not enacted by June 30, 2021, the amount provided in this subsection shall lapse.
(24)))(22) $123,000 of the legal services revolving accountstate appropriation is provided solely for implementation of Engrossed Third Substitute House Bill No. 1091 (transportation fuel/carbon). ((If the bill is not enacted by June 30, 2021, the amount provided in this subsection shall lapse.
(25)))(23) $2,080,000 of the legal services revolving accountstate appropriation is provided solely for implementation of Engrossed Second Substitute House Bill No. 1194 (parent-child visitation). ((If the bill is not enacted by June 30, 2021, the amount provided in this subsection shall lapse.
(26)))(24) $121,000 of the legal services revolving accountstate appropriation is provided solely for implementation of Engrossed Second Substitute House Bill No. 1073 (paid leave coverage). ((If the bill is not enacted by June 30, 2021, the amount provided in this subsection shall lapse.
(27)))(25) $247,000 of the general fundstate appropriation for fiscal year 2022 and $247,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for implementation of Engrossed Second Substitute House Bill No. 1310 (uses of force by officers). ((If the bill is not enacted by June 30, 2021, the amounts provided in this subsection shall lapse.
(28)))(26) $25,000 of the general fundstate appropriation for fiscal year 2022 is provided solely for implementation of Engrossed Substitute House Bill No. 1109 (victims of sexual assault). ((If the bill is not enacted by June 30, 2021, the amount provided in this subsection shall lapse.
(29)))(27) $146,000 of the legal services revolving fundstate appropriation is provided solely for implementation of Engrossed Substitute Senate Bill No. 5172 (agricultural overtime). ((If the bill is not enacted by June 30, 2021, the amount provided in this subsection shall lapse.))
(28) $225,000 of the general fundstate appropriation for fiscal year 2022 and $275,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for the office of the attorney general to support the Washington state missing and murdered indigenous women and people task force created in section 944 of this act.
(29) $810,000 of the general fundstate appropriation for fiscal year 2023 and $77,000 of the legal services revolving accountstate appropriation are provided solely for implementation of Substitute House Bill No. 2076 (transp. network companies). If the bill is not enacted by June 30, 2022, the amounts provided in this subsection shall lapse.
(30) $33,000 of the legal services revolving accountstate appropriation is provided solely for implementation of Engrossed Second Substitute House Bill No. 1815 (catalytic converter theft). If the bill is not enacted by June 30, 2022, the amount provided in this subsection shall lapse.
(31) $65,000 of the legal services revolving accountstate appropriation is provided solely for implementation of Substitute House Bill No. 1747 (child relative placements). If the bill is not enacted by June 30, 2022, the amount provided in this subsection shall lapse.
(32) $1,225,000 of the general fundstate appropriation for fiscal year 2023 is provided solely for implementation of Substitute House Bill No. 1850 (data privacy). If the bill is not enacted by June 30, 2022, the amount provided in this subsection shall lapse.
(33) $123,000 of the legal services revolving accountstate appropriation is provided solely for implementation of Engrossed Second Substitute House Bill No. 1868 (health care staffing). If the bill is not enacted by June 30, 2022, the amount provided in this subsection shall lapse.
(34) $17,000 of the legal services revolving accountstate appropriation is provided solely for implementation of Substitute House Bill No. 1286 (psychology compact). If the bill is not enacted by June 30, 2022, the amount provided in this subsection shall lapse.
(35) $133,000 of the legal services revolving accountstate appropriation is provided solely for implementation of Substitute House Bill No. 1735 (use of force). If the bill is not enacted by June 30, 2022, the amount provided in this subsection shall lapse.
(36)(a) $125,000 of the general fundstate appropriation for fiscal year 2023 is provided solely for a study regarding state and local responses to acts or potential acts of domestic terrorism in Washington state.
(b) In conducting the study, the office must review laws and policies regarding domestic terrorism, including but not limited to:
(i) Federal, state, and local laws regarding acts of domestic terrorism, including how a criminal incident is determined to be an act of domestic terrorism;
(ii) State and local data collection, tracking, and reporting practices as related to acts of domestic terrorism; and
(iii) State and local policies regarding responding to acts of domestic terrorism.
(c) By December 15, 2022, the office must submit a report to the appropriate committees of the legislature that includes but is not limited to:
(i) A summary of current laws and policies as identified in (b) of this subsection;
(ii) Recommended best practices for:
(A) Standardizing and improving data collection, tracking, and reporting on acts of domestic terrorism at the state and local level; and
(B) Strengthening law enforcement, prosecutorial, and other local government responses to a potential act of domestic terrorism; and
(iii) Recommendations for any statutory changes that may be necessary for clarity and consistency.
(d) The office may consult with experts or professionals involved or having expertise in the topic of domestic terrorism to complete the study.
(37) $58,000 of the general fundstate appropriation for fiscal year 2023 is provided solely to support the sexual assault forensic examination best practices advisory group. The office of the attorney general shall reconvene a sexual assault forensic examination best practices advisory group to continue the work of the previous sexual assault forensic examination best practices advisory group as established in section 1, chapter 93, Laws of 2019. The advisory group must review best practice models for managing all aspects of sexual assault investigations and for reducing the number of untested sexual assault kits in Washington state. The advisory group must meet no less than twice annually.
Sec. 126. 2021 c 334 s 128 (uncodified) is amended to read as follows:
FOR THE CASELOAD FORECAST COUNCIL
General FundState Appropriation (FY 2022)
. . . .
(($1,990,000))
     
$1,980,000
General FundState Appropriation (FY 2023)
. . . .
(($1,982,000))
     
$2,062,000
Workforce Education Investment AccountState
Appropriation
. . . .
$326,000
TOTAL APPROPRIATION
. . . .
(($4,298,000))
     
$4,368,000
The appropriations in this section are subject to the following conditions and limitations:
(1) (($326,000))$331,000 of the workforce education investment accountstate appropriation is provided solely to forecast the caseload for the Washington college grant program.
(2) Within existing resources, and beginning with the November 2021 forecast, the caseload forecast council shall produce an unofficial forecast of the long-term caseload for juvenile rehabilitation as a courtesy.
(3) $94,000 of the general fundstate appropriation for fiscal year 2023 is provided solely for the caseload forecast council, in addition to the forecasts required in RCW 43.88C.010 and during the 2021-2023 fiscal biennium, to forecast the number of individuals who are assessed as eligible for and have requested supported living services, a service through the core waiver, an individual and family services waiver, the basic plus waiver, and the number of individuals expected to reside in state-operated living alternative homes administered by the developmental disabilities administration.
Sec. 127. 2021 c 334 s 129 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF COMMERCE
General FundState Appropriation (FY 2022)
. . . .
(($193,804,000))
     
$217,420,000
General FundState Appropriation (FY 2023)
. . . .
(($171,190,000))
     
$665,359,000
General FundFederal Appropriation
. . . .
(($1,365,225,000))
     
$1,450,416,000
General FundPrivate/Local Appropriation
. . . .
(($8,862,000))
     
$8,992,000
Public Works Assistance AccountState Appropriation
. . . .
(($8,134,000))
     
$8,301,000
Lead Paint AccountState Appropriation
. . . .
$112,000
Building Code Council AccountState Appropriation
. . . .
$17,000
Liquor Excise Tax AccountState Appropriation
. . . .
(($1,262,000))
     
$1,293,000
Home Security Fund AccountState Appropriation
. . . .
(($326,272,000))
     
$326,370,000
Affordable Housing for All AccountState
Appropriation
. . . .
(($105,230,000))
     
$105,255,000
Financial Fraud and Identity Theft Crimes
Investigation and Prosecution AccountState
Appropriation
. . . .
(($2,671,000))
     
$2,675,000
Low-Income Weatherization and Structural
Rehabilitation Assistance AccountState
Appropriation
. . . .
$1,400,000
Statewide Tourism Marketing AccountState
Appropriation
. . . .
$3,034,000
Community and Economic Development Fee AccountState
Appropriation
. . . .
(($4,117,000))
     
$4,195,000
Growth Management Planning and Environmental Review
FundState Appropriation
. . . .
(($5,785,000))
     
$5,795,000
Liquor Revolving AccountState Appropriation
. . . .
$5,920,000
Washington Housing Trust AccountState Appropriation
. . . .
(($20,455,000))
     
$20,651,000
Prostitution Prevention and Intervention Account
State Appropriation
. . . .
(($26,000))
     
$146,000
Public Facility Construction Loan Revolving Account
State Appropriation
. . . .
(($1,229,000))
     
$1,260,000
Model Toxics Control Stormwater AccountState
Appropriation
. . . .
$100,000
Dedicated Marijuana AccountState Appropriation
(FY 2022)
. . . .
$1,813,000
Dedicated Marijuana AccountState Appropriation
(FY 2023)
. . . .
$1,809,000
Andy Hill Cancer Research Endowment Fund Match
Transfer AccountState Appropriation
. . . .
(($11,711,000))
     
$20,281,000
Community Preservation and Development Authority
AccountState Appropriation
. . . .
(($500,000))
     
$2,500,000
Economic Development Strategic Reserve AccountState
Appropriation
. . . .
$2,798,000
Coronavirus State Fiscal Recovery FundFederal
Appropriation
. . . .
(($472,610,000))
     
$830,190,000
Energy Efficiency AccountState Appropriation
. . . .
$6,000
Community Reinvestment AccountState Appropriation
. . . .
$125,000,000
Apple Health and Homes AccountState Appropriation
. . . .
$9,515,000
TOTAL APPROPRIATION
. . . .
(($2,716,086,000))
     
$3,822,623,000
The appropriations in this section are subject to the following conditions and limitations:
(1) Repayments of outstanding mortgage and rental assistance program loans administered by the department under RCW 43.63A.640 shall be remitted to the department, including any current revolving account balances. The department shall collect payments on outstanding loans, and deposit them into the state general fund. Repayments of funds owed under the program shall be remitted to the department according to the terms included in the original loan agreements.
(2) $3,000,000 of the general fundstate appropriation for fiscal year 2022 and (($3,000,000))$5,500,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for a grant to resolution Washington to build statewide capacity for alternative dispute resolution centers and dispute resolution programs that guarantee that citizens have access to low-cost resolution as an alternative to litigation.
(3) $375,000 of the general fundstate appropriation for fiscal year 2022 and $375,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for a grant to the retired senior volunteer program.
(4) The department shall administer its growth management act technical assistance and pass-through grants so that smaller cities and counties receive proportionately more assistance than larger cities or counties.
(5) $375,000 of the general fundstate appropriation for fiscal year 2022 and $375,000 of the general fundstate appropriation for fiscal year 2023 are provided solely as pass-through funding to Walla Walla Community College for its water and environmental center.
(6) $4,304,000 of the general fund—state appropriation for fiscal year 2022 and $4,304,000 of the general fund—state appropriation for fiscal year 2023 are provided solely for associate development organizations. During the 2021-2023 biennium, the department shall consider an associate development organization's total resources when making contracting and fund allocation decisions, in addition to the schedule provided in RCW 43.330.086. The department must distribute the funding as follows:
(a) For associate development organizations serving urban counties, which are counties other than rural counties as defined in RCW 82.14.370, a locally matched allocation of up to $1.00 per capita, totaling no more than $300,000 per organization; and
(b) For associate development organizations in rural counties, as defined in RCW 82.14.370, a $1.00 per capita allocation with a base allocation of $75,000.
(7) $5,907,000 of the liquor revolving accountstate appropriation is provided solely for the department to contract with the municipal research and services center of Washington.
(8) The department is authorized to require an applicant to pay an application fee to cover the cost of reviewing the project and preparing an advisory opinion on whether a proposed electric generation project or conservation resource qualifies to meet mandatory conservation targets.
(9) Within existing resources, the department shall provide administrative and other indirect support to the developmental disabilities council.
(10) $300,000 of the general fundstate appropriation for fiscal year 2022 and $300,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for the northwest agriculture business center.
(11) $150,000 of the general fundstate appropriation for fiscal year 2022 and $150,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for the regulatory roadmap program for the construction industry and to identify and coordinate with businesses in key industry sectors to develop additional regulatory roadmap tools.
(12) (($1,000,000))$750,000 of the general fundstate appropriation for fiscal year 2022 and (($1,000,000))$1,250,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for the Washington new Americans program. The department may require a cash match or in-kind contributions to be eligible for state funding.
(13) $643,000 of the general fundstate appropriation for fiscal year 2022 and $643,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for the department to contract with a private, nonprofit organization to provide developmental disability ombuds services.
(14) $1,000,000 of the home security fundstate appropriation, $2,000,000 of the Washington housing trust accountstate appropriation, and $1,000,000 of the affordable housing for all accountstate appropriation are provided solely for the department of commerce for services to homeless families and youth through the Washington youth and families fund.
(15) $2,000,000 of the home security fundstate appropriation is provided solely for the administration of the grant program required in chapter 43.185C RCW, linking homeless students and their families with stable housing.
(16)(a) $1,980,000 of the general fundstate appropriation for fiscal year 2022 and $1,980,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for community beds for individuals with a history of mental illness. Currently, there is little to no housing specific to populations with these co-occurring disorders; therefore, the department must consider how best to develop new bed capacity in combination with individualized support services, such as intensive case management and care coordination, clinical supervision, mental health, substance abuse treatment, and vocational and employment services. Case-management and care coordination services must be provided. Increased case-managed housing will help to reduce the use of jails and emergency services and will help to reduce admissions to the state psychiatric hospitals. The department must coordinate with the health care authority and the department of social and health services in establishing conditions for the awarding of these funds. The department must contract with local entities to provide a mix of (i) shared permanent supportive housing; (ii) independent permanent supportive housing; and (iii) low and no-barrier housing beds for people with a criminal history, substance abuse disorder, and/or mental illness.
(b) Priority for permanent supportive housing must be given to individuals on the discharge list at the state psychiatric hospitals or in community psychiatric inpatient beds whose conditions present significant barriers to timely discharge.
(17) $557,000 of the general fundstate appropriation for fiscal year 2022 and $557,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for the department to design and administer the achieving a better life experience program.
(18) The department is authorized to suspend issuing any nonstatutorily required grants or contracts of an amount less than $1,000,000 per year.
(19) $1,070,000 of the general fundstate appropriation for fiscal year 2022 $1,070,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for the small business export assistance program. The department must ensure that at least one employee is located outside the city of Seattle for purposes of assisting rural businesses with export strategies.
(20) $60,000 of the general fundstate appropriation for fiscal year 2022 and $60,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for the department to submit the necessary Washington state membership dues for the Pacific Northwest economic region.
(21) (($2,000,000))$2,200,000 of the general fundstate appropriation for fiscal year 2022 and (($2,000,000))$4,000,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for the department to contract with organizations and attorneys to provide either legal representation or referral services for legal representation, or both, to indigent persons who are in need of legal services for matters related to their immigration status. Persons eligible for assistance under any contract entered into pursuant to this subsection must be determined to be indigent under standards developed under chapter 10.101 RCW. Of the amounts provided in this section, $200,000 of the general fundstate appropriation for fiscal year 2022 and $2,000,000 of the general fundstate appropriation for fiscal year 2023 must be used for pro bono or low bono legal services to assist indigent Washington residents, who were temporarily paroled into the United States in 2021 or 2022, with asylum applications or other matters related to adjusting immigration status.
(22)(a) $37,000,000 of the affordable housing for all accountstate appropriation is provided solely for grants to support the building operation, maintenance, and service costs of permanent supportive housing projects or units within housing projects that have or will receive funding from the housing trust fundstate account or other public capital funding that:
(i) Is dedicated as permanent supportive housing units;
(ii) Is occupied by low-income households with incomes at or below thirty percent of the area median income; and
(iii) Requires a supplement to rent income to cover ongoing property operating, maintenance, and service expenses.
(b) Permanent supportive housing projects receiving federal operating subsidies that do not fully cover the operation, maintenance, and service costs of the projects are eligible to receive grants as described in this subsection.
(c) The department may use a reasonable amount of funding provided in this subsection to administer the grants.
(23) $7,000,000 of the home security fundstate appropriation is provided solely for the office of homeless youth prevention and protection programs to:
(a) Expand outreach, services, and housing for homeless youth and young adults including but not limited to secure crisis residential centers, crisis residential centers, and HOPE beds, so that resources are equitably distributed across the state;
(b) Contract with other public agency partners to test innovative program models that prevent youth from exiting public systems into homelessness; and
(c) Support the development of an integrated services model, increase performance outcomes, and enable providers to have the necessary skills and expertise to effectively operate youth programs.
(24) $125,000 of the general fundstate appropriation for fiscal year 2022 and $125,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for the office of homeless youth to fund program models that prevent youth from exiting public systems into homelessness.
(25) (($3,000,000))$2,408,000 of the general fundstate appropriation for fiscal year 2022 and (($5,000,000))$5,592,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for the office of homeless youth to build infrastructure and services to support a continuum of interventions, including but not limited to prevention, crisis response, and long-term housing, to reduce youth homelessness in communities identified as part of the anchor community initiative.
(26) $2,125,000 of the general fundstate appropriation for fiscal year 2022 and $2,125,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for the office of homeless youth to contract with one or more nonprofit organizations to provide youth services and young adult housing on a multi-acre youth campus located in the city of Tacoma. Youth services include, but are not limited to, HOPE beds and crisis residential centers to provide temporary shelter and permanency planning for youth under the age of 18. Young adult housing includes, but is not limited to, rental assistance and case management for young adults ages 18 to 24. The department shall submit an annual report to the legislature on the use of the funds. The first report is due June 30, 2022, and each June 30th thereafter. The report shall include but is not limited to:
(a) A breakdown of expenditures by program and expense type, including the cost per bed;
(b) The number of youth and young adults helped by each program;
(c) The number of youth and young adults on the waiting list for programs, if any; and
(d) Any other metric or measure the department deems appropriate to evaluate the effectiveness of the use of the funds.
(27) $62,720,000 of the general fundstate appropriation for fiscal year 2022, $65,330,000 of the general fundstate appropriation for fiscal year 2023, and $2,610,000 of the coronavirus state fiscal recovery fundfederal appropriation are provided solely for the essential needs and housing support program and related services. The department may use a portion of the funds provided in this subsection to continue the pilot program established in section 127(106) of chapter 357, Laws of 2020, by providing grants to participating counties who request additional funding in order to continue serving participating and eligible clients.
(28) $1,436,000 of the general fundstate appropriation for fiscal year 2022 and $1,436,000 of the general fund—state appropriation for fiscal year 2023 are provided solely for the department to identify and invest in strategic growth areas, support key sectors, and align existing economic development programs and priorities. The department must consider Washington's position as the most trade-dependent state when identifying priority investments. The department must engage states and provinces in the northwest as well as associate development organizations, small business development centers, chambers of commerce, ports, and other partners to leverage the funds provided. Sector leads established by the department must include the industries of: (a) Aerospace; (b) clean technology and renewable and nonrenewable energy; (c) wood products and other natural resource industries; (d) information and communication technology; (e) life sciences and global health; (f) maritime; and (g) military and defense. The department may establish these sector leads by hiring new staff, expanding the duties of current staff, or working with partner organizations and or other agencies to serve in the role of sector lead.
(29) The department must develop a model ordinance for cities and counties to utilize for siting community based behavioral health facilities.
(30) $198,000 of the general fundstate appropriation for fiscal year 2022 and $198,000 of the general fundstate appropriation for fiscal year 2023 are provided solely to retain a behavioral health facilities siting administrator within the department to coordinate development of effective behavioral health housing options and provide technical assistance in siting of behavioral health treatment facilities statewide to aide in the governor's plan to discharge individuals from the state psychiatric hospitals into community settings. This position must work closely with the local government legislative authorities, planning departments, behavioral health providers, health care authority, department of social and health services, and other entities to facilitate linkages among disparate behavioral health community bed capacity-building efforts. This position must work to integrate building behavioral health treatment and infrastructure capacity in addition to ongoing supportive housing benefits.
(31) $250,000 of the general fundstate appropriation for fiscal year 2022 and $250,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for the department to contract with an entity located in the Beacon hill/Chinatown international district area of Seattle to provide low income housing, low income housing support services, or both. To the extent practicable, the chosen location must be colocated with other programs supporting the needs of children, the elderly, or persons with disabilities.
(32) $1,500,000 of the general fundstate appropriation for fiscal year 2022, (($1,500,000))$5,820,000 of the general fundstate appropriation for fiscal year 2023 and $4,500,000 of the home security fundstate appropriation are provided solely for the consolidated homeless grant program.
(a) Of the amounts provided in this subsection, $4,500,000 of the home security fundstate appropriation is provided solely for permanent supportive housing targeted at those families who are chronically homeless and where at least one member of the family has a disability. The department will also connect these families to medicaid supportive services.
(b) Of the amounts provided in this subsection, $1,000,000 of the general fundstate appropriation for fiscal year 2022 and $1,000,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for diversion services for those families and individuals who are at substantial risk of losing stable housing or who have recently become homeless and are determined to have a high probability of returning to stable housing.
(c) Of the amounts provided in this subsection, $4,320,000 of the general fundstate appropriation for fiscal year 2023 is provided solely for up to 12 months of rental assistance for individuals enrolled in the foundational community supports initiative who are transitioning off of benefits under RCW 74.04.805 due to increased income or other changes in eligibility. The health care authority, department of social and health services, and department of commerce shall collaborate on this effort.
(33) (($11,711,000))$20,281,000 of the Andy Hill cancer research endowment fund match transfer accountstate appropriation is provided solely for the Andy Hill cancer research endowment program. Amounts provided in this subsection may be used for grants and administration costs.
(34) $550,000 of the general fundstate appropriation for fiscal year 2022 and (($150,000))$550,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for the operations of the long-term care ombudsman program.
(35) $100,000 of the general fundstate appropriation for fiscal year 2022 and $100,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for the department to produce the biennial report identifying a list of projects to address incompatible developments near military installations as provided in RCW 43.330.520.
(36) $35,000,000 of the home security fundstate appropriation is provided solely for increasing local temporary shelter capacity. The amount provided in this subsection is subject to the following conditions and limitations:
(a) A city or county applying for grant funding shall submit a sheltering proposal that aligns with its local homeless housing plan under RCW 43.185C.050. This proposal must include at a minimum:
(i) A strategy for outreach to bring currently unsheltered individuals into shelter;
(ii) Strategies for connecting sheltered individuals to services including but not limited to: Behavioral health, chemical dependency, education or workforce training, employment services, and permanent supportive housing services;
(iii) An estimate on average length of stay;
(iv) An estimate of the percentage of persons sheltered who will exit to permanent housing destinations and an estimate of those that are expected to return to homelessness;
(v) An assessment of existing shelter capacity in the jurisdiction, and the net increase in shelter capacity that will be funded with the state grant; and
(vi) Other appropriate measures as determined by the department.
(b) ((The department shall not reimburse more than $56 per day per net additional person sheltered above the baseline of shelter occupancy prior to award of the funding.)) Eligible uses of funds include shelter operations, shelter maintenance, shelter rent, loan repayment, case management, navigation to other services, efforts to address potential impacts of shelters on surrounding neighborhoods, capital improvements and construction, and outreach directly related to bringing unsheltered people into shelter. The department shall coordinate with local governments to encourage cost-sharing through local matching funds.
(c) The department shall not reimburse more than $10,000 per shelter bed prior to occupancy, for costs associated with creating additional shelter capacity or improving existing shelters to improve occupancy rates and successful outcomes. Eligible costs prior to occupancy include acquisition, construction, equipment, staff costs, and other costs directly related to creating additional shelter capacity.
(d) For the purposes of this subsection "shelter" means any facility, the primary purpose of which is to provide space for homeless in general or for specific populations of homeless. The shelter must: Be structurally sound to protect occupants from the elements and not pose any threat to health or safety, have means of natural or mechanical ventilation, and be accessible to persons with disabilities, and the site must have hygiene facilities, which must be accessible but do not need to be in the structure.
(37) (($1,007,000))$950,000 of the general fundstate appropriation for fiscal year 2022 and (($1,007,000))$1,064,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for the department to administer a transitional housing pilot program for nondependent homeless youth. In developing the pilot program, the department will work with the adolescent unit within the department of children, youth, and families, which is focused on cross-system challenges impacting youth, including homelessness.
(38) $300,000 of the general fundstate appropriation for fiscal year 2022 and $300,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for the department to establish representation in key international markets that will provide the greatest opportunities for increased trade and investment for small businesses in the state of Washington. Prior to entering into any contract for representation, the department must consult with associate development organizations and other organizations and associations that represent small business, rural industries, and disadvantaged business enterprises.
(39) $80,000 of the general fundstate appropriation for fiscal year 2022 and $80,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for the department to establish an identification assistance and support program to assist homeless persons in collecting documentation and procuring an identicard issued by the department of licensing. This program may be operated through a contract for services. The program shall operate in one county west of the crest of the Cascade mountain range with a population of one million or more and one county east of the crest of the Cascade mountain range with a population of five hundred thousand or more.
(40) $500,000 of the general fundstate appropriation for fiscal year 2022 and $500,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for the office of homeless youth prevention and protection programs to create a centralized diversion fund to serve homeless or at-risk youth and young adults, including those who are unsheltered, exiting inpatient programs, or in school. Funding provided in this subsection may be used for short-term rental assistance, offsetting costs for first and last month's rent and security deposits, transportation costs to go to work, and assistance in obtaining photo identification or birth certificates.
(41) $100,000 of the model toxics control stormwater accountstate appropriation is provided solely for planning work related to stormwater runoff at the aurora bridge and I-5 ship canal bridge. Planning work may include, but is not limited to, coordination with project partners, community engagement, conducting engineering studies, and staff support.
(42) $100,000 of the general fundstate appropriation for fiscal year 2022 and $100,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for a grant to assist people with limited incomes in urban areas of the state start and sustain small businesses. The grant recipient must be a nonprofit organization involving a network of microenterprise organizations and professionals to support micro entrepreneurship and access to economic development resources.
(43) (($500,000))$1,500,000 of the community preservation and development authority accountstate/operating appropriation is provided solely for the operations of the Pioneer Square-International District community preservation and development authority established in RCW 43.167.060.
(44) $500,000 of the general fundstate appropriation for fiscal year 2022 and $500,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for grants and associated technical assistance and administrative costs to foster collaborative partnerships that expand child care capacity in communities. Eligible applicants include nonprofit organizations, school districts, educational service districts, and local governments. These funds may be expended only after the approval of the director of the department of commerce and must be used to support planning and activities that help communities address the shortage of child care, prioritizing partnerships serving in whole or in part areas identified as child care access deserts.
(45) (($255,000,000))$278,476,000 of the general fundfederal appropriation (ARPA) and $403,000,000 of the coronavirus state fiscal recovery accountfederal appropriation are provided solely for the department to administer an emergency rental assistance program. The department shall distribute funding in the form of grants to local housing providers. In making distributions, the department must consider the number of unemployed persons and renters in each jurisdiction served by the provider as well as consider any funding that jurisdiction, including cities within each county, received directly from the federal government for emergency rental assistance. Of the amounts provided in this subsection:
(a) (($255,000,000))$278,476,000 of the general fundfederal appropriation (ARPA) is provided solely for grants to provide emergency rental and utility assistance pursuant to P.L. 117-2. A provider may use up to 14.5 percent of the grant award provided under this subsection for administrative costs and the remainder must be used for financial assistance as defined in P.L. 117-2. Unless otherwise prohibited under federal guidance, a housing provider may provide financial assistance for an eligible household's rent and rental arrears of up to 150 percent of the fair market rent for the area in which the household resides, as determined by the department of housing and urban development.
(b)(i) $403,000,000 of the coronavirus state fiscal recovery accountfederal appropriation is provided solely for grants to provide emergency rental and utility assistance, subject to (b)(ii) of this subsection. Providers must make rental payments directly to landlords and utility payments directly to utility providers. To be eligible for assistance under this subsection, households must, at a minimum, have an income at or below 80 percent of the area median income and must have a missed or partially paid rent payment. The department may establish additional eligibility criteria to target these resources to households most likely to become homeless if they do not receive rental assistance. A provider may provide financial assistance for an eligible household's rent and rental arrears of up to 150 percent of the fair market rent for the area in which the household resides, as determined by the department of housing and urban development.
(ii) From the amount provided in (b) of this subsection, each local housing provider must subgrant with community organizations that serve historically disadvantaged populations within their jurisdiction. Subgrants may be used for program outreach and assisting community members in applying for assistance under (a) and (b) of this subsection. The amount of the subgrant must be at least five percent of the total funding each provider received under (a) and (b) of this subsection.
(c) The department may retain up to 0.5 percent of the amounts provided in this subsection for administration of the program.
(46) $7,500,000 of the general fundstate appropriation for fiscal year 2022 is provided solely for the department to provide grants to entities that provide digital navigator services, devices, and subscriptions. These services must include but are not limited to one-on-one assistance for people with limited access to services, including individuals seeking work, families supporting students, English language learners, medicaid clients, people experiencing poverty, and elders. Of the amounts provided in this subsection, the department must prioritize allocating $1,500,000 as grants or portions of grants that serve medicaid clients.
(47) $240,000 of the general fundstate appropriation for fiscal year 2022 ((and)), $240,000 of the general fundstate appropriation for fiscal year 2023, and $1,000,000 of the community preservation and development authority accountstate appropriation are provided solely for the operations of the Central district community preservation and development authority established in RCW 43.167.070.
(48) $607,000 of the general fundstate appropriation for fiscal year 2022 and $607,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for the department to assist homeowners at risk of foreclosure pursuant to chapter 61.24 RCW. Funding provided in this section may be used for activities to prevent mortgage or tax lien foreclosure, housing counselors, a foreclosure prevention hotline, legal services for low-income individuals, mediation, and other activities that promote homeownership. The department may contract with other foreclosure fairness program state partners to carry out this work.
(49) $100,000 of the general fundstate appropriation for fiscal year 2022 and $100,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for the department to contract with a nonprofit entity located in Seattle that focuses on poverty reduction and racial equity to convene and staff a poverty reduction workgroup steering committee comprised of individuals that have lived experience with poverty. Funding provided in this section may be used to reimburse steering committee members for travel, child care, and other costs associated with participation in the steering committee.
(50) $29,255,000 of the general fundfederal appropriation (CRF) and (($230,000,000))$284,200,000 of the general fundfederal appropriation (CRRSA), not to exceed the amount appropriated in section 3, chapter 3, Laws of 2021, that is unobligated at the end of fiscal year 2021, are provided solely for rental assistance and housing and are subject to the same terms and conditions as the appropriation in section 3, chapter 3, Laws of 2021, as amended in section 1905 of this act.
(51) $4,800,000 of the general fundfederal appropriation (CRF), not to exceed the amount appropriated in section 4, chapter 3, Laws of 2021, that is unobligated at the end of fiscal year 2021, is provided solely for working Washington grants and is subject to the same terms and conditions as the appropriation in section 4, chapter 3, Laws of 2021.
(52) (($1,602,000))$1,147,000 of the general fundstate appropriation for fiscal year 2022 and (($1,174,000))$1,629,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for the statewide broadband office established in RCW 43.330.532.
(53) $450,000 of the general fundstate appropriation for fiscal year 2022 and $450,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for a grant to a nonprofit organization for an initiative to advance affordable housing projects and education centers on public or tax-exempt land. The department must award the grant to an organization with an office located in the city of Seattle that has experience in catalyzing early learning and affordable housing developments. The grant recipient must use the funding to:
(a) Implement strategies to accelerate development of affordable housing projects with space for early learning centers or community space on underutilized tax-exempt properties;
(b) Analyze the suitability of properties for affordable housing, early learning centers, or community space through completing due diligence, conceptual design, and financial analysis activities;
(c) Organize community partners and build capacity to develop these sites, as well as coordinate negotiations among partners and public owners;
(d) Facilitate collaboration and co-development between affordable housing, early learning centers, or community space; and
(e) Catalyze the redevelopment of at least 10 sites to create approximately 1,500 affordable homes.
(54) $2,000,000 of the general fundstate appropriation for fiscal year 2022 ((is))and $750,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for a grant to a nonprofit organization with a history of providing job training and community meals that is located in King county to operate a hunger relief response program serving individuals living in permanent supportive housing.
(55) $75,000 of the general fundstate appropriation for fiscal year 2022 is provided solely for a grant to a nonprofit organization located in the city of Federal Way that conducts collaborative policy development and provides access to resources and consultation to historically disadvantaged communities. The grant funding must be used for capacity-building activities to support community-based organizations serving youth and young adults in the city of Federal Way.
(56) $400,000 of the general fundstate appropriation for fiscal year 2022 and $400,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for capacity-building grants through the Latino community fund for emergency response services, educational programs, and human services support for children and families in rural and underserved communities.
(57) $12,000,000 of the coronavirus state fiscal recovery fundfederal appropriation is provided solely for a single contract with the non-profit statewide tourism marketing organization that is party to the contract pursuant to RCW 43.384.020. The funds will be used to assist recovery for tourism-related businesses, generate tourism demand for Washington communities and businesses, and sustain recovery market share with competing Western states. The department and the contractor shall submit a report to the legislature June 30, 2022, and June 30, 2023.
(58) $354,000 of the general fundstate appropriation for fiscal year 2022 and $354,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for a grant to the Port Gamble S'Klallam tribe for a reentry program providing tailored support services to moderate-needs and high-needs individuals leaving local or tribal incarceration, with the goals of reducing criminal recidivism and fostering community wellbeing. Services may be provided to clients pre-release and post-release.
(59) (($347,000))$217,000 of the general fundstate appropriation for fiscal year 2022 and (($347,000))$477,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for a grant to a nonprofit organization serving King and Snohomish counties for a program conducted in partnership with King county serving criminal justice-involved individuals who have experienced domestic, sexual, or gender-based violence. The grant recipient may use the funding for costs including but not limited to legal advocacy, outreach, connecting clients to housing and other resources, data analytics, and staffing.
(60) $50,000 of the general fundstate appropriation for fiscal year 2022 is provided solely for the city of Kent to contract with one or more nonprofit organizations to serve community immersion law enforcement trainees through mentorship or community-based placement, or both.
(61) $400,000 of the general fundstate appropriation for fiscal year 2022 and (($400,000))$1,000,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for the office of homeless youth to administer a competitive grant process to award funding to licensed youth shelters, HOPE centers, and crisis residential centers to provide behavioral health support services for youth in crisis, and to increase funding for current grantees.
(62) (($950,000))$310,000 of the general fundstate appropriation for fiscal year 2022 ((is))and $640,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for a grant to a nonprofit located in King county that develops training and support for low-income individuals, with a focus on women and people of color, to move into the construction industry for living wage jobs. The grant funding must be used to develop a pre-apprenticeship program that, through the construction of units, integrates housing and workforce development in service of the following goals:
(a) Creating a blueprint to integrating workforce development and housing for local jurisdictions;
(b) Providing construction training to underserved populations;
(c) Creating a pathway for trainees to enter construction careers; and
(d) Addressing the systemic effects of sexism and racism in housing, wealth, education, training, employment, and career development.
(63) $50,000 of the general fundstate appropriation for fiscal year 2022 and $50,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for a grant to a nonprofit organization operating an emergency shelter located in the Yakima valley for case management, outreach, and other homeless services.
(64) $350,000 of the general fundstate appropriation for fiscal year 2022 and $150,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for a grant to a nonprofit organization for activities to advance affordable housing. The grant recipient must be an organization that partners in equitable, transit-oriented development. The grant recipient must use the funding to:
(a) Facilitate partnerships to enable equitable transit-oriented development across the Puget Sound region that builds housing at scale; and
(b) Assist the cities of Tacoma, Renton, and Everett, as well as other cities, in:
(i) Creating or updating local subarea plans to be consistent with the regional growth strategy for future population growth to be near high capacity transit and to facilitate development within the station area that will produce a mix of affordable housing;
(ii) Ensuring equitable transit-oriented development processes and outcomes that minimize displacement; and
(iii) Identifying strategies for land acquisition and assembly around high capacity transit stations that will result in a mix of housing.
(65) $700,000 of the general fundstate appropriation for fiscal year 2022 and (($700,000))$3,700,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for a nonprofit organization whose sole purpose is to provide grants, capacity building, and technical assistance support to a network of microenterprise development organizations. The microenterprise development organizations will support rural and urban Black, indigenous and people of color owned businesses, veteran owned businesses, and limited resourced and other hard to serve businesses with five or fewer employees throughout the state with business training, technical assistance, and microloans.
(66) $1,175,000 of the general fundstate appropriation for fiscal year 2022 and $175,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for the department to support implementation of the 2021 state energy strategy as it pertains to emissions from energy use in new and existing buildings, including measures to support local government emission reductions, workforce measures, and utility electrification benefits.
(67) $125,000 of the general fundstate appropriation for fiscal year 2022 and $125,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for the department to identify and develop effective interventions and responses to primary and secondary workplace trauma experienced by direct service staff who work in homeless shelters, homeless outreach, and permanent supportive housing. The department must collect data through methods such as surveys, interviews, and small group conversations, and engage interested parties, including but not limited to direct service staff. The department may contract with a third party to complete the work required in this subsection. By June 1, 2023, the department shall submit a report identifying interventions and providing recommendations to the appropriate committees of the legislature.
(68)(a) $340,000 of the general fundstate appropriation for fiscal year 2022 and $85,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for the department to contract with the University of Washington college of built environments to create a database and reporting system for promoting transparency on procurement of building materials that make up the primary structure and enclosure used for state-funded construction projects. The department and university may use publicly available information and data sources as well as consult with outside experts to create the database. The database may include fields for environmental product declarations, product quantity, manufacturer location, global warming potential, health certifications, supplier codes of conduct, and working conditions.
(b) When developing the reporting system required under (a) of this subsection, the department and the University of Washington must conduct a case study analysis. In conducting the analysis, the department and the university must identify up to 10 case studies of publicly funded projects and analyze considerations including but not limited to cost impacts, materials procured, embodied carbon contribution to reducing greenhouse gas emissions, and supply chain considerations. By January 1, 2022, the department and the university shall submit a progress report on the case study analysis to the legislature. By November 1, 2022, the department and the university shall submit a final report to the legislature with findings from the case study analysis and recommendations for the reporting system based on lessons learned.
(69) $175,000 of the general fundstate appropriation for fiscal year 2022 and $175,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for a grant to a nonprofit organization to provide job readiness skills and training to traditionally underrepresented populations to support the transition to a registered apprenticeship, trade training, or employment. The grant recipient must be a nonprofit organization serving traditionally underrepresented populations in King and Pierce counties, with a focus on youth development programs. The grant funding must be used for activities including but not limited to counseling and training in support of the goals of:
(a) Minimizing barriers to transitioning to an apprenticeship, trade training program, or employment for participants;
(b) Increasing participants' workforce and life balance skills; and
(c) Increasing participants' specialized skills and knowledge in targeted industries, including construction, urban agriculture, and maritime trades.
(70)(a) $51,000 of the general fundstate appropriation for fiscal year 2022 and (($51,000))$121,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for the statewide broadband office to cofacilitate the Washington digital equity forum with the Washington state office of equity. ((The purpose of the forum is to develop recommendations to advance digital connectivity in Washington state. In developing its recommendations, the forum must:
(i) Develop goals that are consistent with the goals of the governor's statewide broadband office, as provided in RCW 43.330.536;
(ii) Strengthen public-private partnerships;
(iii) Solicit public input through public hearings or informational sessions;
(iv) Work to increase collaboration and communication between local, state, and federal governments and agencies; and
(v) Recommend reforms to universal service mechanisms.))
(b) ((The directors of the governor's statewide broadband office and the Washington state office of equity are responsible for appointing participating members of the forum, and appointments require the approval of both directors. In making appointments, the directors must prioritize appointees representing:
(i) Federally recognized tribes;
(ii) State agencies involved in digital equity; and
(iii) Underserved and unserved communities, including historically disadvantaged communities.
(c) The director of the governor's statewide broadband office, or the director's designee, and the director of the Washington state office of equity, or the director's designee, shall serve as administrative cochairs of the forum.
(d) In addition to members appointed by the directors, four legislators may serve on the digital equity forum in an ex officio capacity. Legislative participants must be appointed as follows:
(i) The speaker of the house of representatives must appoint one member from each of the two largest caucuses of the house of representatives; and
(ii) The president of the senate must appoint one member from each of the two largest caucuses of the senate.
(e) Each member of the digital equity forum shall serve without compensation but may be reimbursed for travel expenses as authorized in RCW 43.03.050 and 43.03.060. Legislative members of the forum are reimbursed for travel expenses in accordance with RCW 44.04.120. (f) The statewide broadband office must provide staff support for the digital equity forum. By January 1, 2023, the statewide broadband office must transmit the recommendations of the digital equity forum developed under (a) of this subsection to the legislature, consistent with RCW 43.01.036.))Of the amounts provided in this subsection, $70,000 of the general fundstate appropriation for fiscal year 2023 is provided solely for implementation of Engrossed Second Substitute House Bill No. 1723 (telecommunications access). If the bill is not enacted by June 30, 2022, the amounts provided in this subsection (70)(b) shall lapse.
(71) $500,000 of the general fundstate appropriation for fiscal year 2022 is provided solely for grants to law enforcement agencies to implement group violence intervention strategies in areas with high rates of gun violence. Grant funding will be awarded to two sites, with priority given to Yakima county and south King county. The sites must be located in areas with high rates of gun violence, include collaboration with the local leaders and community members, use data to identify the individuals most at risk to perpetrate gun violence for interventions, and include a component that connects individuals to services. In selecting the sites, the department must give priority to sites meeting these criteria that also can leverage existing local or federal resources.
(72) $350,000 of the general fundstate appropriation for fiscal year 2022 ((is))and $350,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for a contract for a business recovery program serving the city of Federal Way and surrounding area. The contract recipient must be a nongovernmental organization located in the city of Federal Way whose primary focus is the economic development of the city of Federal Way and surrounding area. The contract funding must be used for:
(a) Business development training and education for small businesses located in or serving the city of Federal Way and surrounding area, with a focus on Black, indigenous, and people of color-owned, women-owned, and veteran-owned businesses;
(b) Workforce programming for skill set development, especially as related to business retention and expansion; and
(c) Research and collection of economic baseline data for the city of Federal Way and surrounding area for the development of data-driven programming, with a focus on key economic recovery indicators.
(73) $202,000 of the general fundstate appropriation for fiscal year 2022 and $89,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for a grant to a nonprofit organization to provide emergency housing, permanent supportive housing, and wraparound services focusing on Black transgender and nonbinary individuals who are currently experiencing or at risk of homelessness. The grant recipient must be a nonprofit organization with locations in the cities of Seattle and Tacoma that provides legal and other services for LGBTQ individuals in Washington. The grant recipient may subgrant or subcontract with other organizations to provide emergency housing, permanent supportive housing, and wraparound services.
(74) $125,000 of the general fundstate appropriation for fiscal year 2022 and $125,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for a grant to a nonprofit for a smart buildings education program to educate building owners and operators on smart building practices and technologies, including the development of onsite and digital trainings that detail how to operate residential and commercial facilities in an energy efficient manner. The grant recipient must be located in a city with a population of more than 700,000 and must serve anyone within Washington with an interest in better understanding energy efficiency in commercial and institutional buildings.
(75) $150,000 of the general fundstate appropriation for fiscal year 2022 and $150,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for the department to establish a sector lead position for the creative industries, including but not limited to the performing arts, literary arts, music, and film. The sector lead must work with interested parties to further the goals of creating economic development opportunities, retaining and growing jobs, and supporting small business development and expansion within the creative industries.
(76) $221,920,000 of the home security fundstate appropriation and $58,400,000 of the affordable housing for all accountstate appropriation are provided solely for implementation of Engrossed Second Substitute House Bill No. 1277 (housing/revenue source). ((If the bill is not enacted by June 30, 2021, the amounts provided in this subsection shall lapse.)) Of the amounts provided in this subsection:
(a) $88,768,000 of the home security fundstate appropriation is provided solely to implement the eviction prevention rental assistance program created in the bill; and
(b) $133,152,000 of the home security fundstate appropriation is provided solely for project-based vouchers and related services, rapid rehousing, housing acquisition, and supportive services for individuals and families accessing vouchers and rapid rehousing. Of the total amount provided in this subsection, at least $20,000,000 must be used for hotel and motel vouchers, rapid rehousing, and supportive services for individuals and families accessing vouchers and rapid rehousing.
(77) $59,000 of the general fundstate appropriation for fiscal year 2022 and $696,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for implementation of Engrossed Second Substitute House Bill No. 1086 (behavioral health consumers). ((If the bill is not enacted by June 30, 2021, the amounts provided in this subsection shall lapse.))
(78) $163,000 of the dedicated marijuana accountstate appropriation for fiscal year 2022 and $159,000 of the dedicated marijuana accountstate appropriation for fiscal year 2023 are provided solely for implementation of Engrossed Substitute House Bill No. 1443 (cannabis industry/equity). ((If the bill is not enacted by June 30, 2021, the amounts provided in this subsection shall lapse.))
(79) $298,000 of the general fundstate appropriation for fiscal year 2022 and $404,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for implementation of Engrossed Second Substitute House Bill No. 1220 (emergency shelters & housing). ((If the bill is not enacted by June 30, 2021, the amounts provided in this subsection shall lapse.))
(80) (($306,000))$121,000 of the general fundstate appropriation for fiscal year 2022 and (($483,000))$668,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for implementation of Engrossed Second Substitute Senate Bill No. 5237 (child care & early dev. exp.). ((If the bill is not enacted by June 30, 2021, the amounts provided in this subsection shall lapse.))
(81) $21,000 of the general fundstate appropriation for fiscal year 2022 and $42,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for implementation of Engrossed Third Substitute House Bill No. 1091 (transportation fuel/carbon). ((If the bill is not enacted by June 30, 2021, the amounts provided in this subsection shall lapse.))
(82) $42,000 of the general fundstate appropriation for fiscal year 2022 and $42,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for implementation of Second Substitute House Bill No. 1168 (long-term forest health). ((If the bill is not enacted by June 30, 2021, the amounts provided in this subsection shall lapse.))
(83) $2,798,000 of the economic development strategic reserve account manufacturing cluster acceleration subaccountstate appropriation is provided solely for implementation of Substitute House Bill No. 1170 (manufacturing). ((If the bill is not enacted by June 30, 2021, the amount provided in this subsection shall lapse.))
(84) (($187,000,000))$174,000,000 of the general fundfederal appropriation (ARPA) ((is))and $4,500,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for a homeowner assistance program to provide mortgage, foreclosure, and other assistance to eligible homeowners pursuant to P.L. 117-2. The department may subgrant or contract with other entities to provide assistance under the program. Of the amount provided in this subsection, (($13,000,000))$2,000,000 of the general fundfederal appropriation (ARPA) ((is))and $4,500,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for foreclosure assistance.
(85) $9,864,000 of the general fundstate appropriation for fiscal year 2022 and $9,864,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for long-term rental subsidies for individuals with mental health or substance use disorders. This funding may be used for individuals enrolled in the foundational community support program while waiting for a longer term resource for rental support or for individuals transitioning from behavioral health treatment facilities or local jails. Individuals who would otherwise be eligible for the foundational community support program but are not eligible because of their citizenship status may also be served. By December 1, 2021, and December 1, 2022, the department must submit a report identifying the expenditures and number of individuals receiving long-term rental supports through the agency budget broken out by region, treatment need, and the demographics of those served during the prior fiscal year.
(86)(a) (($50,000,000))$70,000,000 of the coronavirus state fiscal recovery fundfederal appropriation is provided solely for the department to provide grants to small businesses through the working Washington grant program.
(b) Of the amount provided in this subsection, (($30,000,000))$42,000,000 of the coronavirus state fiscal recovery fundfederal appropriation is provided solely to assist businesses maintain their operations. To be eligible for a grant under this subsection, the business must:
(i) Apply for or have applied for the grant;
(ii) ((Have reported annual gross receipts of $5,000,000 or less to the department of revenue for calendar year 2019))Have not reported annual gross receipts of more than $5,000,000 in calendar year 2019;
(iii) Have expenses that are necessary to continue business operations and the expense is not a federal, state, or local tax, fee, license, or other government revenue;
(iv) Self–attest that the expense is not funded by any other government or private entity;
(v) Have experienced a reduction in business income or activity related to COVID-19 or state or local actions in response to COVID-19; and
(vi) Agree to operate in accordance with the requirements of applicable federal, state, and local public health guidance and directives.
(c) Of the amount provided in this subsection, (($20,000,000))$28,000,000 of the coronavirus state fiscal recovery fundfederal appropriation is provided solely to assist the reopening of businesses that temporarily totally closed their operations. To be eligible for a grant under this subsection, the business must:
(i) Apply for the grant;
(ii) ((Have reported annual gross receipts of $5,000,000 or less to the department of revenue for calendar year 2019))Have not reported annual gross receipts of more than $5,000,000 in calendar year 2019;
(iii) Demonstrate the business was actively engaged in business, and as a result of the governor's proclamations 20-25.8, issued on November 15, 2020, through 20-25.12 ("stay safe-stay healthy"), temporarily totally closed operations. Demonstration of active engagement in business can be given through but is not limited to taxable activity reported to the department of revenue. The department may use other methods to determine if this criterion has been met;
(iv) Have expenses that are necessary to reopen business operations and the expense is not a federal, state, or local tax, fee, license, or other government revenue;
(v) Self–attest that the expense is not funded by any other government or private entity; and
(vi) Agree to operate in accordance with the requirements of applicable federal, state, and local public health guidance and directives.
(d) Grant awards are subject to the availability of amounts appropriated in this subsection. The department must conduct outreach to underrepresented and unserved communities observed from prior rounds of awards. The department must ensure equitable distributions of grant funding, including considerations for geographic location and businesses owned by members of historically disadvantaged communities.
(e)(i) Eligible businesses may receive up to a $75,000 grant.
(ii) ((If a business received one or more working Washington small business grants before July 1, 2021, including grants provided pursuant to chapter 3, Laws of 2021, the grant awarded under this subsection must be reduced to reflect the amounts received from previous working Washington small business grants.))If a business was awarded one or more working Washington small business grants after February 1, 2021, the grant award under this subsection may be reduced to reflect the amounts received from previous working Washington small business grants. The department may prioritize businesses and nonprofit organizations that have not yet received a grant under the working Washington small business grant program.
(f) For purposes of this subsection, reopening costs include, but are not limited to:
(i) Upgrading physical workplaces to adhere to new safety or sanitation standards;
(ii) Procuring required personal protective supplies for employees and business patrons and clients;
(iii) Updating business plans;
(iv) Employee costs, including payroll, training, and onboarding;
(v) Rent, lease, mortgage, insurance, and utility payments; and
(vi) Securing inventory, supplies, and services for operations.
(g) Nonprofit organizations are eligible to receive funding under (b) or (c) of this subsection if they have a primary business activity that has been impacted as described in (b)(v) or (c)(iii) of this subsection.
(h) The department is authorized to shift funding among the purposes in (b) and (c) of this subsection based on overutilization or underutilization of the different types of grants.
(i) Of the total amount provided in this subsection, ((the department must prioritize allocating the funds as follows:
(A) $25,000,000))$45,000,000 of the coronavirus state fiscal recovery fundfederal appropriation is provided solely for grants under (b) or (c) of this subsection to eligible businesses and nonprofit organizations in the arts, heritage, and science sectors, including those that operate live entertainment venues((; and
(B) $25,000,000 for grants under (b) or (c) of this subsection to eligible businesses and nonprofit organizations located in counties that are in phase 2 of the governor's "healthy Washington: roadmap to recovery" plan at the time the business or nonprofit organization applies for funding)). The department must develop criteria for successful applications under this subsection in combination with the Washington state arts commission.
(87) $138,000,000 of the general fundfederal appropriation (ARPA) is provided solely for the department to implement small business capital access and other credit support programs under the state small business credit initiative, pursuant to P.L. 117-2. The department may contract with other entities to implement the capital access program and other credit support programs. The department is highly encouraged to use local nonprofit community development financial institutions to deliver access to credit to the maximum extent allowed by federal law, rules, and guidelines. The department must apply for the maximum possible allocation of federal funding under P.L. 117-2, including but not limited to funds set aside for extremely small businesses and business enterprises owned and controlled by socially and economically disadvantaged individuals. The funding provided in this section also includes federal funds allocated to the state for technical assistance to businesses. The department must ensure businesses owned and controlled by socially and economically disadvantaged individuals, as defined in P.L. 117-2, have equitable access to program services.
(88)(a) $6,000,000 of the general fundstate appropriation for fiscal year 2022 is provided solely for the department to create a grant program to reimburse local governments for eligible costs of providing emergency noncongregate sheltering during the COVID-19 public health emergency.
(b) A city or county is eligible to apply for grant funding if it:
(i) Applies to the federal emergency management agency public assistance program for reimbursement of costs to provide emergency non-congregate sheltering; and
(ii) Incurs eligible costs.
(c) Eligible costs are costs to provide emergency noncongregate sheltering that:
(i) Were deemed eligible for reimbursement in the federal emergency management agency policy 104-009-18, version 3, titled FEMA emergency non-congregate sheltering during the COVID-19 public health emergency (interim) and dated January 29, 2021; and
(ii) Are incurred by the applicant beginning January 21, 2021, through September 30, 2021.
(d) The department must give priority to applicants who demonstrate use of funds received under P.L. 117-2 for the acquisition, development, and operation of noncongregate sheltering.
(e) The department must coordinate with the military department to confirm that grant recipients have applied to the federal emergency management agency public assistance program for costs identified in their grant application.
(f) For the purposes of this subsection, "noncongregate sheltering" means sheltering provided in locations where each individual or household has living space that offers some level of privacy such as hotels, motels, or dormitories.
(89)(a) (($400,000))$225,000 of the general fundstate appropriation for fiscal year 2022 ((is))and $175,000 of the general fundstate appropriation for fiscal year 2023 are provided solely to conduct a comprehensive equity review of state capital grant programs administered by the department. The department may, in consultation with interested parties identified in subsection (d) of this section, contract with a consultant to assist with the community engagement and review necessary to complete this review process.
(b) The purposes of this comprehensive equity review are: To reduce barriers to historically underserved populations' participation in the capital grant programs; to redress inequities in existing capital grant policies and programs; and to improve the equitable delivery of resources and benefits in these programs.
(c) In completing the comprehensive equity review required under this section, the department shall: (i) Identify changes to policy and operational norms and practices in furtherance of the equity review purposes identified in (b) of this subsection; (ii) identify new investments and programs that prioritize populations and communities that have been historically underserved by capital grant policies and programs; and (iii) include consideration of historic and systemic barriers that may arise due to any of the following factors: (A) Race; (B) ethnicity; (C) religion; (D) income; (E) geography; (F) disability; and (G) educational attainment.
(d) The department must collaborate with the Washington state commission on African American affairs; the Washington state commission on Asian Pacific American affairs; the Washington state commission on Hispanic affairs; the governor's office of Indian affairs; the governor's committee on disability issues and employment; the office of equity; the office of minority and women's business enterprises; the environmental justice council if established by passage of Engrossed Second Substitute Senate Bill No. 5141; and other interested parties as appropriate to develop and conduct a community engagement process to inform the review.
(e) The department shall complete the comprehensive equity review under this section and submit a final report, containing all of the elements and considerations specified in this section, to the legislature by June 30, 2022.
(90) (($23,000,000))$23,444,000 of the general fundfederal appropriation (ARPA) is provided solely for the HOME investment partnerships program pursuant to P.L. 117-2. Of the amount provided in this subsection, $18,000,000 of the general fundfederal appropriation (ARPA) is provided solely for the department to issue competitive financial assistance to eligible organizations under RCW 43.185A.040 for the acquisition and development of noncongregate shelter units, subject to the following conditions and limitations:
(a) Grants provided under this subsection may be used to acquire real property for quick conversion into noncongregate shelter units or for renovation and building update costs associated with establishment of the acquired facilities. Grants provided under this subsection may not be used for operating or maintenance costs associated with providing housing, supportive services, or debt service. For the purposes of this subsection, "noncongregate" shelter units means units provided in locations where each individual or household has living space that offers some level of privacy, such as hotels, motels, or dormitories.
(b) Units acquired or developed under this subsection must serve qualifying individuals or families as defined in P.L. 117-2.
(c) The department must establish criteria for the issuance of the grants, which must follow the guidelines and compliance requirements of the housing trust fund program and the federal HOME investment partnership program. The criteria must include:
(i) The date upon which structural modifications or construction would begin and the anticipated date of completion of the project;
(ii) A detailed estimate of the costs associated with the acquisition and any updates or improvements necessary to make the property habitable for its intended use;
(iii) A detailed estimate of the costs associated with opening the units; and
(iv) A financial plan demonstrating the ability to maintain and operate the property and support its intended tenants throughout the end of the grant contract.
(d) The department must provide a progress report on its website by November 1, 2022. The report must include:
(i) The total number of applications and amount of funding requested; and
(ii) A list and description of the projects approved for funding including state funding, total project cost, number of units, and anticipated completion date.
(e) The funding in this subsection is not subject to the 90 day application periods in RCW 43.185.070 or 43.185A.050.
(91) $391,000 of the general fundstate appropriation for fiscal year 2022 and $391,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for Pacific county to operate or participate in a drug task force to enhance coordination and intelligence while facilitating multijurisdictional criminal investigations.
(92) $150,000 of the general fundstate appropriation for fiscal year 2022 is provided solely for a grant to a nonprofit organization providing housing services in western Washington to conduct a master planning process for the development of a family-centered drug treatment and housing program. The grant recipient must be a nonprofit organization that has experience administering a comparable program in another region of the state. The program must provide housing units for families with members who have substance use disorders and who are involved in the child welfare system, and services including but not limited to case management, counseling, substance use disorder treatment, and parenting skills classes. The program site must be located within or in close proximity to King county, and include living quarters for families, space for services, and childcare and play areas for children. The nonprofit must include housing developers, service providers, and other interested parties in the master planning process. By December 31, 2021, the nonprofit must submit the plan to the department, the senate ways and means committee, and the house capital budget committee.
(93) $150,000 of the general fundstate appropriation for fiscal year 2022 and $150,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for a grant to a nonprofit organization to assist fathers transitioning from incarceration to family reunification. The grant recipient must have experience contracting with the department of corrections to support offender betterment projects and the department of social and health services to provide access and visitation services.
(94) (($7,500,000))$4,000,000 of the general fundstate appropriation for fiscal year 2022 and (($2,500,000))$6,000,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for grants to community organizations that serve historically disadvantaged populations to conduct outreach and assist community members in applying for state and federal assistance programs, including but not limited to those administered by the departments of social and health services; commerce; and children, youth, and families.
(95) $375,000 of the general fundstate appropriation for fiscal year 2022 and $375,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for the department to accelerate implementation of the low-income rural home rehabilitation program by contracting with up to seven home rehabilitation agencies, as defined under WAC 365-175-030, in a variety of regions of the state. Funding provided in this subsection may be used by home rehabilitation agencies for program support in order to increase the number of households participating in the program. Home rehabilitation agencies receiving funding under this subsection must provide the department with a summary of their direct and indirect costs associated with implementing the program.
(96) $450,000 of the general fundstate appropriation for fiscal year 2022 is provided solely for pre-development activities for state-operated or contracted residential or supportive housing facilities at the Pacific hospital preservation and development authority buildings three through ten in Seattle, to help carry out Washington state's plans for new community-based residential facilities, including supportive housing. The facilities may be used for behavioral health, long-term care, developmentally disabled community housing, recovery residences, state-operated living alternatives, group homes, or family-centered substance use disorder recovery housing. The amounts provided in this subsection may be used for concept development, planning, lease payments, and other related expenses for pre-development of state- or nonprofit-operated residential facilities identified by the health care authority or the departments of social and health services, children, youth, and families, and commerce. The department is authorized to enter into a short-term lease, with an option to enter into a multiyear extension, for the Pacific hospital preservation and development authority quarters buildings three through ten.
(97) $80,000 of the general fundstate appropriation for fiscal year 2022 and $80,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for a grant to a nonprofit organization dedicated to supporting forest health restoration located in Okanogan county for work toward a biochar research and demonstration project and initial efforts toward full-size operation of an industrial-sized facility in the Methow valley.
(98) $6,800,000 of the general fundstate appropriation for fiscal year 2022 and (($8,200,000))$15,700,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for grants to crime victim services providers for victim assistance programs. The department must distribute the funds in accordance with the methodologies used to distribute federal victims of crime act victim assistance funding.
(99)(a) (($225,000))$115,000 of the general fundstate appropriation for fiscal year 2022 and (($225,000))$335,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for the department to appoint and maintain an aviation and aerospace advisory committee to generally advise the director of the department and the secretary of the department of transportation on matters related to aviation and aerospace in Washington state. The advisory committee must develop recommendations regarding operating budget and capital budget requests relating to aviation and aerospace needs, and strategies to enhance the safe and effective use of public use airports and aerospace facilities in Washington state. The aviation and aerospace advisory committee must also advise the director and secretary, or their designees, and make recommendations on the following matters:
(i) Employment of emerging aviation and aerospace technologies to include unmanned, autonomous, and alternative propulsion systems;
(ii) New, changed, or proposed federal regulations;
(iii) Industry needs to remain nationally and internationally competitive;
(iv) Policy considerations;
(v) Funding priorities and capital project needs;
(vi) Methods to reduce greenhouse gas emissions;
(vii) Workforce development needs and opportunities;
(viii) Multimodal requirements; and
(ix) Other matters pertaining to the aviation and aerospace industries as the aviation and aerospace advisory committee deems appropriate.
(b) The director of the department of commerce, or the director's designee, shall appoint members to the aviation and aerospace advisory committee including, at a minimum:
(i) Two county commissioners, one from east of the crest of the Cascade mountains and one from west of the crest of the Cascade mountains;
(ii) An owner of an aviation company and an owner of an aerospace company or their representatives;
(iii) The director of the aviation division of the department of transportation, or the director's designee;
(iv) Two individuals who are top executive officials of a commercial service airport, typically with the title of chief executive officer, airport director, or executive director, one from an airport located east of the crest of the Cascade mountains and one from an airport located west of the crest of the Cascade mountains;
(v) Advisory members from the federal aviation administration;
(vi) The aerospace lead from the department of commerce or a representative of the department;
(vii) A representative of a statewide environmental organization;
(viii) A representative of the military department;
(ix) A representative of the state board for community and technical colleges;
(x) Representatives from airport associations;
(xi) Representatives from an aviation and aerospace educational program; and
(xii) Representatives from both aviation and aerospace associations.
(c) The director of the department and the secretary of the department of transportation, or their designees, shall serve as the administrative cochairs of the aviation and aerospace advisory committee.
(d) The department must provide staff support for all aviation and aerospace advisory committee meetings.
(e) The aviation and aerospace advisory committee must meet at the call of the administrative cochairs for any purpose that directly relates to the duties set forth in (a) of this subsection, or as otherwise requested by the director, secretary, or their designees as the administrative cochairs.
(f) In consultation with the aviation and aerospace advisory committee, the department must develop a strategic plan for the department's aerospace, aviation, and airport economic development program. The strategic plan should identify: (i) Changing market conditions in the aerospace industry; (ii) emerging opportunities to diversify and grow Washington's aerospace sector; and (iii) strategies and action steps to build on the state's core strengths in aerospace infrastructure and workforce expertise to diversify and grow employment in Washington's aerospace sector. The department must submit the strategic plan to the appropriate committees of the legislature by June 30, 2023.
(g) The cochairs may seek recommendations and input from the aviation and aerospace advisory committee to inform the legislature on aviation and aerospace issues.
(100)(a) (($300,000))$270,000 of the general fundstate appropriation for fiscal year 2022 ((is))and $30,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for the department to convene a work group on reducing racial disparities in Washington state homeownership rates. The goals of the work group are to assess perspectives on housing and lending laws, policies, and practices; facilitate discussion among interested parties; and develop budgetary, administrative policy, and legislative recommendations.
(b) The director of the department, or the director's designee, must chair the work group. The department must, in consultation with the Washington state office of equity and the governor's office of Indian affairs, appoint a minimum of twelve members to the work group representing groups including but not limited to:
(i) Organizations and state entities led by and serving Black, indigenous, and people of color;
(ii) State or local government agencies with expertise in housing and lending laws;
(iii) Associations representing cities and housing authorities; and
(iv) Professionals from private-sector industries including but not limited to banks, credit unions, mortgage brokers, and housing developers.
(c) The department must convene the first meeting of the work group by August 1, 2021. The department must submit a final report to the governor and appropriate committees of the legislature by August 1, 2022. The final report must:
(i) Evaluate the distribution of state affordable housing funds and its impact on the creation of homeownership units serving Black, indigenous, and people of color;
(ii) Evaluate the eligibility requirements, access, and use of state-funded down payment assistance funds, and their impact on homeownership rate disparities;
(iii) Review barriers preventing Black, indigenous, and people of color from accessing credit and loans through traditional banks for residential loans; and
(iv) Provide budgetary, administrative policy, and legislative recommendations to increase ownership unit development and access to credit.
(101) $225,000 of the general fundstate appropriation for fiscal year 2022 and $225,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for the department to convene a task force to make recommendations regarding needed reforms to the state's growth policy framework, including the growth management act, state environmental policy act, and other statutes related to growth, change, economic development, housing, social equity, and environmental conservation. The process will build upon the findings, concepts, and recommendations in recent state-funded reports, including the "road map to Washington's future" issued by the William D. Ruckelshaus center in 2019, the report of the environmental justice task force issued in 2020, and "updating Washington's growth policy framework" issued by the University of Washington in 2021. The task force must involve diverse perspectives including but not limited to representatives of counties, cities, special districts, the real estate, building, and agricultural industries, planning and environmental organizations, tribal governments, and state agencies. Special effort must be made to include in these discussions the lived experiences and perspectives of people and communities who have too often been excluded from public policy decision-making and unevenly impacted by those decisions. The work group must report on its activities and recommendations prior to the 2022 and 2023 legislative sessions.
(102) $80,000 of the general fundstate appropriation for fiscal year 2022 and $80,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for a grant to a nonprofit organization located in the city of Seattle for providing resident services and on-site programming for affordable housing residents in Delridge, supporting local youth with leadership pathways, and other community development initiatives that improve the health and well-being of southwest Seattle residents.
(103) $61,000 of the general fundstate appropriation for fiscal year 2022 and $31,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for San Juan county health and community services to enter into an agreement with the United States geological survey to evaluate available groundwater, surface water, and meteorological data for the county, complete recharge estimations for the county, and update the water balance for the county.
(104) $140,000 of the general fundstate appropriation for fiscal year 2022 is provided solely to contract with businesses ending slavery and trafficking for a human trafficking initiative.
(a) Of the amounts provided in this subsection, $60,000 of the general fundstate appropriation for fiscal year 2022 is provided solely to extend job readiness services and employment opportunities for survivors of human trafficking and persons at risk of human trafficking, in near-airport communities in south King county.
(b) Of the amounts provided in this subsection, $80,000 of the general fundstate appropriation for fiscal year 2022 is provided solely to develop a national awareness campaign. The campaign will increase signage in seaports, airports, and near-airport communities so that people who are vulnerable to trafficking or experiencing human trafficking can access assistance through the national human trafficking hotline.
(105) $278,000 of the general fundstate appropriation for fiscal year 2022 and $277,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for a grant to a nonprofit organization within the city of Tacoma for social services and educational programming to assist Latino and indigenous communities in honoring heritage and culture, becoming proficient in civic education, and overcoming barriers to social, political, racial, economic, and cultural community development.
(106) $100,000 of the general fundstate appropriation for fiscal year 2022 and $150,000 of the general fundstate appropriation for fiscal year 2023 are provided solely to provide college accredited courses through alternative methods to disadvantaged adults, such as those experiencing homelessness, who are low-income, come from generational poverty, or have a disabling condition, including those that are further impacted by systemic racism, who do not believe they can be successful or have not yet contemplated college for their future with the intent of engaging these individuals in further education to increase their lifelong wage potential.
(107)(a) (($351,000))$151,000 of the general fundstate appropriation for fiscal year 2022 and (($332,000))$532,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for the department to contract with a nonprofit organization with demonstrated expertise in the creative arts and strategic planning to establish a Washington state creative economy work group that within two years, and with the advice of the work group, develops a strategic plan to improve the Washington state creative economy that can be rolled out in incremental phases to reach identified economic, social justice, and business development goals.
(b) The goal of the strategic plan must be to ensure that the state of Washington is competitive with respect to attracting creative economy business, retaining talent within the state, and developing marketable content that can be exported for national and international consumption and monetization. The strategic plan must address support for the creative community within historically marginalized communities, as well as the creative economy at large, and take into account the diverse interests, strengths, and needs of Washington's population on both sides of the Cascade mountains.
(c) The chair of the work group must be the director of the nonprofit organization contracted with by the department or the director's designee, and must have significant experience working as an artist, producer, or director and in business development, including drafting business plans and multidisciplinary planning documents. The chair must appoint representatives to the work group who represent the range of demographic diversity across the state of Washington, including:
(i) A representative from the Washington state association of counties;
(ii) A representative from the association of Washington cities;
(iii) A representative from the Washington state arts commission;
(iv) A representative from the Washington state labor council;
(v) A representative from the banking industry with experience in matters involving the federal small business administration;
(vi) An appropriate number of representatives from the Washington state arts community including, but not limited to, the following sectors:
(A) Film, television, and video production;
(B) Recorded audio and music production;
(C) Animation production;
(D) Video game development;
(E) Live theater, orchestra, dance, and opera;
(F) Live music performance;
(G) Visual arts, including sculpture, painting, graphic design, and photography;
(H) Production facilities, such as film and television studios; and
(I) Live music or performing arts venues;
(vii) A representative from a certified public accounting firm or other company with experience in financial modeling and in the creative arts;
(viii) A representative selected by the Washington state commission on African American affairs, the Washington state commission on Hispanic affairs, the governor's office of Indian affairs, and the Washington state commission on Asian Pacific American affairs to represent the entities on the work group;
(ix) A representative of a federally recognized Indian tribe with a reservation located east of the crest of the Cascade mountains;
(x) A representative of a federally recognized Indian tribe with a reservation located west of the crest of the Cascade mountains; and
(xi) Other state agency representatives or stakeholder group representatives, at the discretion of the work group, for the purpose of participating in specific topic discussions.
(d) In developing the strategic plan for the Washington state creative economy, the work group must:
(i) Identify existing studies of aspects affecting the creative economy, including studies relating to tax issues, legislation, finance, population and demographics, and employment;
(ii) Conduct a comparative analysis with other jurisdictions that have successfully developed creative economy plans and programs, including the states of Georgia and New Mexico, and the provinces of British Columbia and Ontario, Canada;
(iii) Conduct in-depth interviews to identify best practices for structuring a strategic plan for the state of Washington;
(iv) Evaluate existing banking models for financing creative economy projects in the private sector and develop a financial model to promote investment in Washington's creative economy;
(v) Evaluate existing state and county tax incentives and make recommendations for improvements to support the creative economy;
(vi) Identify the role that counties and cities play with respect to the strategic plan, and identify specific counties and cities that may need or want a stronger creative economy;
(vii) Identify opportunities for synergies with new business models and the integration of new technologies; and
(viii) Identify the role that state education programs in the creative arts play in the creative economy and with respect to advancing the strategic plan.
(e) The department of commerce shall facilitate the timely transmission of information and documents from all appropriate state departments and agencies to the nonprofit organization contracted under this subsection. The work group must report its findings and recommendations to the appropriate committees of the legislature by December 1, 2022. The contracted nonprofit must administer the expenses of the work group.
(108) (($300,000))$153,000 of the general fundstate appropriation for fiscal year 2022 ((is))and $147,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for a grant to a nonprofit museum and science and technology center located in the city of Seattle that provides youth educational programming related to discovery, experimentation, and critical thinking in the sciences for a maker and innovation lab and to develop and operate new experiential learning opportunities.
(109) $125,000 of the general fundstate appropriation for fiscal year 2022 and $125,000 of the general fundstate appropriation for fiscal year 2023 are provided solely to contract with a statewide association that supports a network of local asset building coalitions for programs to increase the financial stability of low-income Washingtonians adversely affected economically by COVID-19 through increasing participation in earned income tax credit refunds, the Washington retirement marketplace, and programs that build personal savings.
(110) (($421,000))$971,000 of the general fundstate appropriation for fiscal year 2022 ((is))and $3,561,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for the department to continue starting up the Washington state office of firearm safety and violence prevention, including the creation of a state and federal grant funding plan to direct resources to cities that are most impacted by community violence. Of the amounts provided in this subsection:
(a) $100,000 of the general fundstate appropriation for fiscal year 2022 and $600,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for community-based violence prevention and intervention services to individuals identified through the King county shots fired social network analysis. The department must complete an evaluation of the program and provide a report to the governor and the appropriate legislative committees by June 30, 2023.
(b)(i) $450,000 of the general fundstate appropriation for fiscal year 2022 and $1,800,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for a grant program through the office of firearm safety and violence prevention for evidence-based services to youth who are at high risk to perpetrate gun violence and who reside in areas with high rates of gun violence. Priority shall be given to:
(A) One site serving in Yakima county, one site in south King county, one site in Federal Way, and one site in Tacoma;
(B) Sites that partner with the University of Washington public behavioral health & justice policy division to deliver culturally relevant family integrated transition services through use of credible messenger advocates;
(C) Sites that partner with the University of Washington Harborview firearm injury and policy research program for social impact evaluation; and
(D) Sites that partner an organization focused on evidence-based implementation management identified by the department.
(ii) The department must complete an evaluation of the program and provide a report to the governor and the appropriate legislative committees by June 30, 2023.
(111) $250,000 of the general fundstate appropriation for fiscal year 2022 and $250,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for the department to conduct a study and report to the legislature on city and county implementation of the multifamily housing property tax exemption. The report must:
(a) Review whether cities have practices in five areas:
(i) Evaluating the financial feasibility and total costs of proposed developments under the exemption;
(ii) Monitoring rent, occupancy, and demographics of tenants of exempt housing;
(iii) Identifying direct or indirect displacement risks, and changes in income and rent distributions associated with new housing development, and plans and approaches;
(iv) Identifying practices that encourage permanent affordable rental opportunities; and
(v) Monitoring whether the exemption assists cities in meeting goals under the growth management act;
(b) Identify at least five case studies on a range of cities and provide analysis:
(i) Comparing the rent in income restricted units to market rate units in the same development and to the surrounding area;
(ii) Comparing the anticipated impact on rents and project budgets, and on public benefit under eight-year, 12-year, and 20-year property tax exemption scenarios;
(iii) Looking at permanent affordable rentals; and
(iv) Evaluating changes in income distribution, rent distribution, commute/location, and displacement risks in areas with exempt housing; and
(c) Estimate other state and local tax revenue generated by new housing developments and how it compares to the property tax exemption.
(112) $195,000 of the general fundstate appropriation for fiscal year 2022 is provided solely for a grant to Spokane county for costs related to redistricting activities required by chapter 36.32 RCW.
(113) $130,000 of the general fundstate appropriation for fiscal year 2022 and $130,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for the department to contract with a nonprofit organization to provide tiny homes for veterans.
(114) (($210,000))$170,000 of the general fundstate appropriation for fiscal year 2022 and (($90,000))$130,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for the department to perform an analysis of the property operations and maintenance costs and tenant supportive services costs for affordable housing projects that receive funding from the Washington housing trust fund. The projects to be analyzed must include, but are not limited to, permanent supportive housing and youth housing taking into consideration housing projects that have been in service for a sufficient time that actual costs can be determined. The analysis shall include a categorized overview of the expenses and fund sources related to the maintenance, operations, and supportive services necessary for the affordable housing projects to be successful in housing the intended population, as well as identify other available funding sources for these costs. The analysis must also explore the timing and alignment challenges for pairing operational and supportive services funding with the initial capital investments, and make recommendations relating to any benchmarks that can be established regarding future costs that would impact the operating budget, and about the state's role in planning, support, and oversight to ensure long-term sustainability of these projects. The department may hire a consultant to conduct this study. The department shall report its findings and recommendations to the office of financial management and the appropriate committees of the legislature by December 1, 2022.
(115) $157,000 of the general fundstate appropriation for fiscal year 2022 and $154,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for implementation of Second Substitute Senate Bill No. 5383 (public telecom services). ((If the bill is not enacted by June 30, 2021, the amounts provided in this subsection shall lapse.))
(116) $1,555,000 of the general fundstate appropriation for fiscal year 2022 ((is))and $1,592,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for implementation of Engrossed Second Substitute Senate Bill No. 5141 (environmental justice task force). ((If the bill is not enacted by June 30, 2021, the amount provided in this subsection shall lapse.))
(117) $946,000 of the general fundstate appropriation for fiscal year 2022 and $921,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for implementation of Second Substitute Senate Bill No. 5368 (rural economic development). ((If the bill is not enacted by June 30, 2021, the amounts provided in this subsection shall lapse.))
(118) $114,000 of the general fundstate appropriation for fiscal year 2022 and $110,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for implementation of Engrossed Second Substitute Senate Bill No. 5287 (affordable housing incentives). ((If the bill is not enacted by June 30, 2021, the amounts provided in this subsection shall lapse.))
(119) $250,000 of the general fundstate appropriation for fiscal year 2022 and (($250,000))$1,026,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for implementation of Senate Bill No. 5345 (industrial waste program). Of the amounts provided in this subsection, $175,000 of the general fundstate appropriation for fiscal year 2022 and (($175,000))$675,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for grants to local industrial waste symbiosis projects as provided in the bill. ((If the bill is not enacted by June 30, 2021, the amounts provided in this subsection shall lapse.))
(120) (($1,250,000))$700,000 of the general fundstate appropriation for fiscal year 2022 and (($1,250,000))$1,800,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for implementation of Engrossed Substitute Senate Bill No. 5353 (law enforcement community engagement). Of the amounts provided in this subsection, (($500,000))$50,000 of the general fundstate appropriation for fiscal year 2022 and (($500,000))$950,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for grants awarded under this bill. ((If the bill is not enacted by June 30, 2021, the amounts provided in this subsection shall lapse.))
(121) $66,000 of the general fundstate appropriation for fiscal year 2022 is provided solely for implementation of Second Substitute Senate Bill No. 5183 (nonfatal strangulation). ((If the bill is not enacted by June 30, 2021, the amount provided in this subsection shall lapse.))
(122) $40,000 of the general fundstate appropriation for fiscal year 2022 is provided solely for implementation of Substitute Senate Bill No. 5126 (climate commitment). ((If the bill is not enacted by June 30, 2021, the amount provided in this subsection shall lapse.))
(123) $2,500,000 of the general fundstate appropriation for fiscal year 2022 and $2,500,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for the department to administer a competitive grant program for grants to community-based programs to provide reentry services for formerly incarcerated persons and supports to facilitate successful transitions to the community. The department must work in collaboration with the statewide reentry council to administer the program. Applicants must provide a project proposal to the department as a part of the application process. Grant awards provided under this subsection may be used for costs including but not limited to housing, case management and navigators, employment services, family reunification, and legal services to respond to collateral impacts of reentry. The department must award at least 30 percent of the funding provided in this subsection to applicants located in rural counties.
(124) (($2,500,000))$2,000,000 of the general fundstate appropriation for fiscal year 2022 and (($2,500,000))$3,000,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for the department to administer grants to diaper banks for the purchase of diapers, wipes, and other essential baby products, for distribution to families in need. The department must give priority to providers serving or located in marginalized, low-income communities or communities of color; and providers that help support racial equity.
(125)(a) $5,000,000 of the coronavirus state fiscal recovery fundfederal appropriation is provided solely for the department to provide grant funds to Clallam county to support the preservation of private marine transportation activities and jobs associated with such activities that have been directly impacted by the closure of the United States-Canada border during the COVID-19 pandemic.
(b) To be eligible for a grant from the county under this subsection the business must:
(i) Apply for or have applied for the grant from the county;
(ii) Have expenses that are necessary to continue business operations and the expense is not a federal, state, or local tax, fee, license, or other government revenue;
(iii) Provide documentation to demonstrate that the expense is not funded by any other government or private entity;
(iv) Demonstrate the business was actively engaged in business, and as a result of the border closures the business temporarily totally closed operations;
(v) Have experienced at least a significant reduction in business income or activity related to United States-Canada border closures;
(vi) Agree to operate in accordance with the requirements of applicable federal, state, and local public regulations including health and safety measures;
(vii) Demonstrate significant economic contribution of their business to the state and local economy; and
(viii) Be a majority United States owned entity operating a United States flag vessel registered and operated under the laws of the United States.
(c) Grant funds may be used only for expenses incurred on or after March 1, 2020. Eligible expenses for grant funds include:
(i) Upgrading physical workplaces to adhere to new safety or sanitation standards;
(ii) Procuring required personal protective supplies for employees and business patrons and clients;
(iii) Updating business plans;
(iv) Employee costs, including payroll, training, and onboarding;
(v) Rent, lease, mortgage, insurance, and utility payments;
(vi) Securing inventory, supplies, and services for operations; and
(vii) Maintenance and operations costs associated with vessel operations.
(d) The county must submit a report to the department by June 30, 2022, outlining the use of funds, specific expenditures of the grantees, and revenue and expenses of the grantees including additional government or private funds or grants received.
(126) (($1,656,000))$1,162,000 of the general fundstate appropriation for fiscal year 2022 and (($1,615,000))$2,109,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for the department to publish the guidelines and guidance set forth in (a), (b), and (c) of this subsection. The department shall publish the guidelines and guidance described in (a), (b), and (c) of this subsection no later than June 30, 2023. From amounts provided in this subsection, pursuant to an interagency agreement, the department shall provide funding to the department of ecology, the department of health, the department of fish and wildlife, the department of natural resources, the department of health, and the emergency management division of the military department to fund activities that support the work specified in (a), (b) and (c) of this subsection.
(a) The department, in consultation with the department of ecology, the department of health, and the department of transportation, shall publish guidelines that provide a set of actions counties and cities may take, under existing statutory authority, through updates to their comprehensive plans and development regulations that have a demonstrated ability to reduce greenhouse gas emissions in order to achieve the statewide greenhouse gas emissions reductions set forth in RCW 70A.45.020(1), allowing for consideration of the emissions reductions achieved through the adoption of statewide programs. The guidelines must prioritize reductions in communities that have experienced disproportionate harm due to air pollution and may draw upon the most recent health disparities data from the department of health to identify high pollution areas and disproportionately burdened communities.
(b) The department, in consultation with the department of transportation, shall publish guidelines that specify a set of actions counties and cities may take through updates to their comprehensive plans and development regulations that have a demonstrated ability to reduce per capita vehicle miles traveled, including measures that are designed to be achievable throughout the state, including in small cities and rural cities.
(c) The department shall develop, in collaboration with the department of ecology, the department of fish and wildlife, the department of natural resources, the department of health, and the emergency management division of the military department, as well as any federally recognized tribe who chooses to voluntarily participate, guidance that creates a model climate change and resiliency element that may be used by counties, cities, and multiple-county planning regions for developing and implementing climate change and resiliency plans and policies subject to the following provisions:
(i) The model element should provide guidance on identifying, designing, and investing in infrastructure that supports community resilience to climate impacts, including the protection, restoration, and enhancement of natural infrastructure as well as traditional infrastructure and protecting natural areas resilient to climate impacts, as well as areas of vital habitat for safe passage and species migration;
(ii) The model element should provide guidance on identifying and addressing natural hazards created or aggravated by climate change, including sea level rise, landslides, flooding, drought, heat, smoke, wildfires, and other effects of reasonably anticipated changes to temperature and precipitation patterns;
(iii) The model element must recognize and promote as many cobenefits of climate resilience as possible, such as salmon recovery, ecosystem services, and supporting treaty rights; and
(iv) The model element must prioritize actions in communities that will disproportionately suffer from compounding environmental impacts and will be most impacted by natural hazards due to climate change and may draw upon the most recent health disparities data from the department of health to identify disproportionately burdened communities.
(d) If the department publishes any subsequent updates to the guidelines published pursuant to (a) or (b) of this subsection, the department shall include in any such update a determination of whether adequate progress has been made toward the statewide greenhouse gas and per capita vehicle miles traveled reduction goals. If adequate progress is not being made, the department must identify in any updates to the guidelines what additional measures cities and counties may take in order to make further progress.
(e) The department, in the course of implementing this subsection, shall provide and prioritize options that support housing diversity and that assist counties and cities in meeting greenhouse gas emissions reduction and other requirements established under chapter 70A.45 RCW.
(127) $240,000 of the general fundstate appropriation for fiscal year 2022 and $95,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for the department to collaborate with the department of children, youth, and families to jointly convene and facilitate a child care collaborative task force to continue the work of the task force created in chapter 368, Laws of 2019 (2SHB 1344) to establish a true cost of quality of child care. The task force shall report its findings and recommendations to the governor and the appropriate committees of the legislature by November 1, 2022.
(128) $10,000,000 of the Washington housing trust accountstate appropriation is provided solely for housing that serves people with intellectual and developmental disabilities.
(129) $150,000,000 of the general fundstate appropriation for fiscal year 2023 is provided solely for the department to administer a utility assistance program. The department shall administer the program in the form of grants to current grantees of the low-income home energy assistance program. To be eligible for assistance under the program, a household must have an income at or below 80 percent of the area median income and must have a missed or partially paid utility payment for electric, natural gas, water, sewer, or garbage utility services. Grant recipients must make payments directly to utility providers.
(130) $150,000 of the general fundstate appropriation for fiscal year 2023 is provided solely for a study on the potential of agrivoltaics in Washington state. This study will explore and identify the dual use of land for both agriculture and solar energy production. The department, in consultation with the department of agriculture, department of natural resources, department of fish and wildlife, department of ecology, conservation commission, and other agencies as appropriate, shall produce and submit to the governor a final report by June 30, 2023.
(a) The report shall:
(i) Explore the benefits and impacts of agrivoltaics to agricultural practices, the energy system, water supply and water quality, and other natural resources;
(ii) Explore the potential costs and benefits of installing agrivoltaics at the farm, community, and state level;
(iii) Identify priority geographic areas, resource land types, or agrivoltaics projects that produce the most benefit, especially to highly impacted communities as defined by RCW 19.405.020;
(iv) Identify how solar project permits impact the conversion of designated resource lands as defined by RCW 36.70A.170;
(v) Identify potential incentives that would support adoption of agrivoltaics and most effectively leverage existing funding opportunities; and
(vi) Identify barriers to siting solar on agricultural land and explore innovative siting regulations from other states, including any findings from the least conflict solar study developed by the Washington State University energy program.
(b) The 2021 state energy strategy must guide the department in the development of the report under this subsection, using an equity and environmental justice lens for developing recommendations and policy proposals.
(c) The department may coordinate with interested parties on recommendations, including but not limited to organizations representing agricultural interests, farmers, local governments, rural communities, solar developers, utilities, environmental justice organizations, tribes, and tribal entities.
(131) $10,000,000 of the general fundstate appropriation for fiscal year 2023 is provided to the department for grants for updating and implementing comprehensive plans and development regulations in order to implement the requirements of the growth management act.
(a) In allocating grant funding to local jurisdictions, awards must be based on a formula, determined by the department, to ensure that grants are distributed equitably among cities and counties. Grants will be used primarily to fund the review and update requirements for counties and cities required by RCW 36.70A.130. Funding provided on this formula basis shall cover additional county and city costs, if applicable, to implement chapter 254, Laws of 2021 (Engrossed Second Substitute House Bill No. 1220).
(b) Within the amounts not utilized under (a) of this subsection, the department shall establish a competitive grant program to implement requirements of the growth management act.
(c) Up to $500,000 per biennium may be allocated toward growth management policy research and development or to assess the ongoing effectiveness of existing growth management policy.
(d) The department must develop a process for consulting with local governments, affected stakeholders, and the legislature to establish emphasis areas for competitive grant distribution and for research priorities. The department must complete a report on emphasis areas and research priorities by June 30, 2023.
(132) $11,500,000 of the general fundstate appropriation for fiscal year 2023 is provided solely for implementation of Substitute House Bill No. 1914 (motion picture program). If the bill is not enacted by June 30, 2022, the amount provided in this subsection shall lapse.
(133) $25,000,000 of the general fundstate appropriation for fiscal year 2023 is provided solely for an income-qualified grant program for the promotion of alternative fuel vehicles to further state climate goals under RCW 70A.45.020 and state equity goals under chapter 70A.02 RCW.
(a) The grant program must include:
(i) A program to provide grants as specified in (b) of this subsection to retire vehicles under 10,000 pounds and replace them with hybrid, plug-in hybrid, battery, or hydrogen fuel cell electric vehicles, or with a prepaid card to use for public transit and to purchase e-bicycles;
(ii) A program to provide grants for the installation of electric vehicle infrastructure where it is needed to support electric vehicle adoption in a community selected for inclusion in the program as specified in (d) of this subsection; and
(iii) Funding for the department of transportation's zero-emissions access pilot program to provide clean alternative fuel vehicle use opportunities to underserved communities and low and moderate-income members of the workforce not readily served by transit or located in transportation corridors with emissions that exceed federal or state emissions standards established in chapter 287, Laws of 2019 (Engrossed Second Substitute House Bill No. 2042) as specified in (d) of this subsection.
(b) To qualify for the clean alternative fuel vehicle grant program established under (a)(i) of this subsection, a person must live in an overburdened community, as defined in RCW 70A.02.010, selected for participation in accordance with (c) of this subsection; have a household income that falls within income brackets found to be at greatest need of this assistance in accordance with (c) of this subsection; and have a vehicle titled under his or her name under chapter 46.12 RCW that is model year 2005 or older, operational, and under 10,000 pounds. A person may only receive a grant under this program for one vehicle.
(c) The department shall work with the department of health and the department of ecology:
(i) To develop metrics to select the overburdened communities, using the environmental health disparities map developed under RCW 43.70.815 and other applicable tools, and prioritizing communities with the greatest health disparities, lower incomes, and communities of color, that are most likely to receive the greatest health benefits from this program through a reduction in greenhouse gas emissions and other pollutants that will result in improved groundwater and stormwater quality, improved air quality, and reductions in noise pollution;
(ii) To select appropriate income brackets for program participants that are in greatest need of this assistance in order to reduce the carbon emissions and other environmental impacts of their current mode of transportation in the overburdened community in which they live; and
(iii) To select grant amounts for vehicle retirement that consider:
(A) The estimated health benefits to overburdened communities likely to result from adoption of the lower emission mode of transportation;
(B) The incremental additional cost of a reasonable replacement vehicle if that vehicle were an internal combustion engine rather than a hybrid or electric vehicle. The cost of an at-home charger may also be considered in this determination; and
(C) Any other applicable factors that promote state climate and equity goals.
(d) The department shall work with the department of transportation to determine where the installation of electric vehicle infrastructure is needed to support electric vehicle adoption in an overburdened community selected for inclusion in the program and the appropriate criteria for awarding grants under (a)(ii) of this subsection to maximize program participation and state climate and equity goals, selecting grant partners for the installation and maintenance of publicly available electric vehicle infrastructure. In support of this effort and pursuant to an interagency agreement, the department shall provide funding to the department of transportation from amounts provided in this subsection to leverage the department of transportation's zero-emissions access pilot program in a manner that supports the department's goals for this program.
(e)(i) The department shall conduct outreach with communities identified for participation in the program, partnering with local public institutions to inform program implementation and improvements. Outreach activities may include convening work groups or advisory committees as deemed appropriate by the department.
(ii) The department shall use the information collected through outreach under (e)(i) of this subsection to develop and deploy targeted public awareness and education campaigns to drive participation in the program.
(iii) The department may provide stipends to individuals who are low income or have lived experience to support their participation in work groups or advisory committees convened under (e)(i) of this subsection when such participation is desirable in order to implement the principles of equity described in RCW 43.06D.020, provided that the individuals are not otherwise compensated for their attendance at meetings. Stipends may be up to $100 for each day during which the individual attends a meeting. The department is authorized to assess the eligibility for the stipend as limited by available financial resources.
(f) The department shall support planning groups within local governments to support planning for electric vehicle implementation in selected overburdened communities.
(g) The department shall develop quantifiable program goals and metrics to examine the program's progress in meeting them related to reductions in environmental impacts and the effect of these reductions on health disparities in the overburdened communities that participate in the program. The program metrics must be tracked and reported on at least a quarterly basis on state agency dashboards available to the public currently or developed by the department for this purpose.
(h) The department shall report to the legislature by January 1, 2023, on implementation of this program, including the goals and metrics it has identified for ongoing evaluation, and recommendations for its continued development and support.
(134) $20,000,000 of the general fundstate appropriation for fiscal year 2023 is provided solely for grants to be awarded in competitive rounds for the deployment of solar projects located in Washington state.
(a) In awarding grants, the department must give priority to distribution-side projects that reduce peak electricity demand.
(b) To be eligible for funding, projects must be capable of generating more than 100 kilowatts of direct current generating capacity.
(c) Except as provided in (d) of this subsection, grants shall not exceed $200,000 per megawatt of direct current generating capacity and total grant funds per project shall not exceed $1,000,000 per applicant.
(d) At least 35 percent of the total cost of a project must be for community solar projects that provide solar electricity to low-income households, low-income tribal housing programs, affordable housing providers, and nonprofit organizations providing services to low-income communities.
(e) The department must, to the greatest extent feasible, give priority to projects using major components made in Washington when awarding grants.
(f) The department must attempt to prioritize an equitable geographic distribution and a diversity of project sizes.
(g) In soliciting and evaluating proposals, awarding contracts, and monitoring projects under this subsection, the department must:
(i) Ensure that competitive processes, rather than sole source contracting processes, are used to select all projects; and
(ii) Conduct due diligence activities associated with the use of public funds including, but not limited to, oversight of the project selection process, project monitoring, and ensuring that all applications and contracts fully comply with all applicable laws including disclosure and conflict of interest statutes.
(135) $4,500,000 of the general fundstate appropriation for fiscal year 2022 is provided solely for a grant to the city of Seattle for deposit into the Skagit environmental endowment fund to support the protection of the headwaters of the Skagit river watershed through the acquisition of land, mining, and/or timber rights. This grant must be matched by nonstate sources.
(136) $20,000,000 of the general fundstate appropriation for fiscal year 2023 is provided solely for grants to local jurisdictions, or nonprofit entities within those jurisdictions, that are engaged in a memorandum of understanding with state agencies regarding transitioning persons residing on public rights-of-way to permanent housing solutions. Funding may be used to provide outreach, shelter, transportation, and other services needed to assist individuals residing on public rights-of-way to secure permanent housing.
(137) $200,000 of the general fundstate appropriation for fiscal year 2023 is provided solely for the department to contract with a consultant to study incorporating the unincorporated communities of Fredrickson, Midland, North Clover Creek, Collins, Parkland, Spanaway, Summit-Waller, and Summit View into a single city. The study must include, but not be limited to, the impacts of incorporation on the local tax base, crime, homelessness, infrastructure, public services, and behavioral health services, in the listed communities. The department must submit the study to the office of financial management and the appropriate committees of the legislature by June 1, 2023.
(138) $125,000,000 of the community reinvestment accountstate appropriation is provided solely for implementation of Second Substitute House Bill No. 1827 (community reinvestment). If the bill is not enacted by June 30, 2022, the amount provided in this subsection shall lapse.
(139) $50,000,000 of the general fundstate appropriation for fiscal year 2023 is provided solely for the statewide broadband office to establish a broadband assistance program. The office may provide eligible households with assistance of up to $20 per month to defray the cost of broadband services. A household is eligible for assistance under the program if it receives a benefit through the federal affordable connectivity program.
(140) $10,000,000 of the general fundstate appropriation for fiscal year 2023 is provided solely for the department to conduct outreach activities for the working families tax exemption established in RCW 82.08.0206 and the federal earned income tax credit. Of the amounts provided in this subsection:
(a) $6,860,000 of the general fundstate appropriation for fiscal year 2023 is provided solely for grants to community-based organizations to conduct outreach activities and application assistance for individuals eligible for the working families tax exemption. In awarding the funds, the department must award grants to at least two community-based organizations in each county. Of the amounts provided in this subsection (140)(a), 25 percent must be used for outreach activities serving tribal and urban Indian communities, communities of color, and households in rural areas.
(b) $2,860,000 of the general fundstate appropriation for fiscal year 2023 is provided solely for grants to community-based organizations to conduct outreach activities and application assistance for individuals eligible for the working families tax exemption who file or may be eligible to file using a valid individual taxpayer identification number. Grant recipients may also use grant funds to assist individuals in obtaining valid individual tax identification numbers.
(c) $280,000 of the general fundstate appropriation for fiscal year 2023 is provided solely for the department to provide oversight, technical assistance, and training for grant recipients; conduct language access activities; create a statewide outreach plan; and for other administrative costs.
(141) $5,000,000 of the coronavirus state fiscal recovery fundfederal appropriation is provided solely for grants to nonprofit arts, heritage, science, and culture organizations for costs associated with COVID-19 testing and safety monitoring required by state and local governments and by union contracts. To receive a grant under this section, an applicant must certify that they have reported annual gross receipts of greater than $5,000,000 in calendar year 2019, and that they applied for but did not receive funding from a state or federal source for the same eligible costs.
(142) $500,000 of the general fundstate appropriation for fiscal year 2023 is provided solely for a grant to a nonprofit organization to provide programming that offers pathways to higher education and career opportunities in the arts, entertainment, and related creative industries for youth and young adults in south King county, with a focus on low-income individuals and historically disadvantaged populations. The grant recipient must be a nonprofit organization headquartered in the city of Federal Way that: Has experience working with BIPOC communities; serves youth and young adults through programs focused on cultivating creative talents through the professional entertainment and arts industries; can directly facilitate the placement of program participants in industry-related internships and job opportunities; and can demonstrate a working relationship or strategic partnerships with global commercial entertainment and digital arts industry experts, networks, and companies in areas such as music, film, television, and fashion. The organization may use the grant for activities including, but not limited to, workshops and other events that support the goal of improving the business and professional skills of youth and young adults interested in the arts and entertainment industries.
(143) $50,000 of the general fundstate appropriation for fiscal year 2023 is provided solely for the department to contract with a third-party facilitator to provide staff support for the joint legislative task force on best practices for broadband deployment created in section 945 of this act.
(144) $75,000 of the general fundstate appropriation for fiscal year 2022 and $125,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for the department of commerce to develop a report on the behavioral health and long-term care facilities and residential settings that provide services within the continuum of care for individuals who are discharged from state psychiatric hospitals. For the purposes of this subsection, "continuum of care" means transitional housing or residential placements that provide supportive services and skill development needed for individuals to be permanently housed, and permanent supportive housing or residential placements that provide individuals with an appropriate place to live with services available as needed. The report must map the geographic location of each facility or residential setting, and it must highlight geographic gaps in service availability. In preparing the report, the department must coordinate with the department of social and health services, the department of health, and the health care authority. The department must submit its report to the governor and appropriate legislative committees no later than December 1, 2022.
(145) $5,000,000 of the coronavirus state fiscal recovery fundfederal appropriation is provided solely for the department to establish a grant program to assist businesses that are dependent to maintain their operations on the economic activity created through conventions hosted in Washington state. The amount provided under this subsection is subject to the following conditions and limitations:
(a) To be eligible for a grant under this subsection, a business must:
(i) Apply for or have applied for the grant;
(ii) Have not reported annual gross receipts of more than $100,000,000 in the most recent calendar year;
(iii) Have expenses that are necessary to continue business operations and the expense is not a federal, state, or local tax, fee, license, or other government revenue;
(iv) Self-attest that the expense is not funded by any other government or private entity;
(v) Have experienced a reduction in business income or activity related to COVID-19 or state or local actions in response to COVID-19;
(vi) Agree to operate in accordance with the requirements of applicable federal, state, and local public health guidance and directives; and
(vii) Have met one or more of the following criteria:
(A) Hosted a convention in Washington state;
(B) Provided support services to conventions in Washington state; or
(C) Depended on the function of conventions to sell goods and services in Washington state.
(b)(i) Eligible businesses may receive a grant of up to $500,000 for revenue lost due to a cancellation or a reduction of participants in a convention hosted in Washington state in 2020 or 2021.
(ii) To receive a grant under this subsection, eligible businesses must provide the department with:
(A) Financial records from 2019 that provide a basis for revenue received from convention activity in Washington state prior to the COVID-19 pandemic; and
(B) Financial records from 2020 and 2021 that show a reduction in gross revenue received from convention activity in Washington state during the COVID-19 pandemic.
(iii) Eligible businesses must provide financial records related to any grants or loans from federal and state government programs received in 2020, 2021, and 2022.
(iv) If a business received one or more working Washington small business grants, the grant awarded under this subsection must be reduced to reflect the amounts received from previous working Washington small business grants.
(c) Nonprofit organizations are eligible to receive funding under this subsection if they have a primary business activity that has been impacted as described in (a)(v) of this subsection.
(d) The department may use up to 10 percent of the amount provided in this subsection for administrative costs.
(146) $325,000 of the general fundstate appropriation for fiscal year 2022 and $325,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for a grant to a nonprofit organization located in the city of Redmond that serves Latino low-income, immigrant, and Spanish-speaking communities in King and Snohomish counties through arts and culture events and community services. Grant funding may be used to expand existing programs including, but not limited to, rent assistance, vaccination assistance, COVID-19 outreach, microbusiness support, and other community services.
(147) $1,000,000 of the general fundstate appropriation for fiscal year 2023 is provided solely for the department to establish a program to build capacity and promote the development of nonprofit community land trust organizations. The department may provide grants to nonprofit organizations to provide technical assistance and training to assist nonprofit community land trust organizations in increasing the production of affordable housing units. Grant recipients must have technical expertise regarding community land trust issues.
(148) $900,000 of the general fundstate appropriation for fiscal year 2023 is provided solely for a grant to a nonprofit organization to conduct community outreach and culturally relevant training on prevention of digital fraud and other consumer fraud, with a focus on serving low-income, rural, and BIPOC communities. The grant recipient must be the Washington state affiliate of a national nonprofit organization that provides services, research, and advocacy for individuals aged 50 and up. Funding may be used to expand existing consumer fraud education programs; partner with locally trusted community-based organizations to provide public awareness of digital and other consumer fraud; and conduct research to capture baseline data regarding digital and fraud literacy in Washington state.
(149) $631,000 of the general fundstate appropriation for fiscal year 2023 is provided solely for the developmental disabilities council's efforts to partner with racially diverse communities across the state and to build the capacity of a coalition of intellectual and developmental disabilities self-advocates and advocates. Of the amounts provided in this subsection:
(a) $500,000 of the general fundstate appropriation for fiscal year 2023 is provided solely for the developmental disabilities council to enter into a contract with a nonprofit organization led by individuals who are Black, indigenous, or people of color to facilitate the development and implementation of recommendations on ways to reduce barriers to services and improve access to services for individuals with intellectual and developmental disabilities who are from immigrant communities, communities of color, and other underserved communities. The contract must require the nonprofit organization to prepare a racial equity plan for ongoing policy development within the intellectual and developmental disabilities service delivery system for submittal to the developmental disabilities council. The developmental disabilities council must submit the plan to the governor and appropriate legislative committees no later than June 30, 2023.
(b) $131,000 of the general fundstate appropriation for fiscal year 2023 is provided solely for one full-time equivalent policy analyst to manage the developmental disabilities council's overall policy development and diversity, equity, and inclusion efforts. The policy analyst shall serve as a liaison between self-advocates, advocates, community members, and the nonprofit organization under contract in (a) of this subsection.
(150) $584,000 of the general fundstate appropriation for fiscal year 2023 is provided solely for a grant to a dispute resolution center located in the city of Seattle and serving King county to develop a basic mediation training curriculum for organizations that serve communities in south King county, with a focus on organizations serving and operated by members of historically disadvantaged communities. The grant recipient may use the funding for activities including, but not limited to, conducting a needs assessment, developing and designing the curriculum, engaging subject matter experts, and conducting training sessions.
(151) $20,000,000 of the general fundstate appropriation for fiscal year 2022 and $35,000,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for the eviction prevention rental assistance program created in RCW 43.185C.185.
(152) $4,000,000 of the general fundstate appropriation for fiscal year 2023 is provided solely for a grant program to community-based organizations that provide services for survivors of domestic violence. Grant recipients may use funding for domestic violence survivor advocates to provide case management, safety planning, and other services for survivors, and as flexible funding to meet the immediate needs of survivors of domestic violence.
(153) $4,500,000 of the coronavirus state fiscal recovery fundfederal appropriation is provided solely to expand the small business resiliency network program. Program expansion activities may include:
(a) Providing funding for new or existing network partners to provide wraparound services and support to assist small business owners, including support in accessing financing; and
(b) Establishing a credit repair pilot program by contracting with community foundations and nonprofit credit unions with existing character-based lending programs to provide credit counseling and other services to build or improve credit for small businesses and entrepreneurs who are unable to access conventional lending.
(154) $40,000 of the general fundstate appropriation for fiscal year 2022 and $290,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for a grant to a nonprofit organization that operates a resource center in the city of Ferndale to expand social services programs. Eligible social services programs include, but are not limited to, basic needs supports for low-income and vulnerable families; emergency preparedness programs that connect community volunteers to opportunities to assist community members during emergencies; and conducting antiracist events and learning opportunities in order to build community.
(155) $1,000,000 of the general fundstate appropriation for fiscal year 2023 is provided solely for the office of firearm safety and violence prevention for programs relating to firearm removals in domestic violence cases. Programs may include:
(a) Grants for local law enforcement agencies to coordinate the removal of firearms pursuant to RCW 9.41.800 and 9.41.801 in civil and criminal domestic violence cases at a regional level; and
(b) Activities to increase statewide adherence to RCW 9.41.800 and 9.41.801, including, but not limited to, technical assistance, training, and collecting data from local law enforcement agencies relating to firearm removals in cases where a court orders the surrender of weapons.
(156) $78,000,000 of the coronavirus state fiscal recovery fundfederal appropriation is provided solely for the department to administer stipends to eligible homeless service provider employees for their immediate economic needs and to conduct a homeless service provider workforce study.
(a) Of the amount provided in this subsection:
(i) $26,250,000 of the coronavirus state fiscal recovery fundfederal appropriation is provided solely for a stipend payment of up to $2,000 for eligible homeless service provider employees with an income at or below 80 percent of the area median income. An individual who works for two or more eligible entities in an eligible position may only receive one stipend under this subsection.
(ii) $26,250,000 of the coronavirus state fiscal recovery fundfederal appropriation is provided solely for a second stipend payment of up to $2,000 for individuals who received an initial stipend payment under (i) of this subsection (156)(a) and who are still employed at the same eligible entity six months after receipt of the first stipend payment. An individual who works for two or more eligible entities in an eligible position may only receive one stipend under this subsection.
(iii) $25,000,000 of the coronavirus state fiscal recovery fundfederal appropriation is provided solely for a stipend payment of up to $2,000 for eligible homeless service provider employees who did not qualify for a payment under (i) or (ii) of this subsection (156)(a). An individual who works for two or more eligible entities in an eligible position may only receive one stipend under this subsection.
(iv)(A) $500,000 of the coronavirus state fiscal recovery fundfederal appropriation is provided solely for the department to contract with a third-party entity to conduct a study on the workforce needs of nonprofit organizations employing eligible homeless service provider employees, with the goal of developing state-level strategies for improving workforce retention among organizations providing homeless services.
(B) The study must examine topics including, but not limited to, pay and benefits; training and supervision; caseloads; safety and morale; and other factors impacting hiring and retention.
(C) The study must examine the potential impact on workforce retention of inflationary increases for administrative allowances and other automatic escalators on state-funded homelessness service contracts, including contracts administered by the office of homeless youth.
(D) The study must include a pay equity and comparable worth analysis that compares eligible homeless service provider positions with jobs with similar complexity, difficulty, and educational and skill requirements in the public and private sectors that were deemed essential during the COVID-19 pandemic.
(E) In conducting the study, the third-party entity must consult with eligible homeless service provider employees; employees of eligible entities with lived experience of homelessness; and organizations led by or serving BIPOC populations.
(F) The department must report the results of the study, including any policy recommendations, to the appropriate committees of the legislature by September 30, 2023.
(b) The department must contract with an entity located in Washington state to administer the stipend payments in (a)(i), (ii), and (iii) of this subsection. The entity must demonstrate an ability to efficiently administer stipend payments statewide by showing successful administration of similar programs; an ability to adhere to federal tax requirements, including sending stipend recipients 1099 or other required tax forms; and an ability to track and report on demographic data of stipend recipients and fulfill other reporting requirements as determined by the department. The entity must conduct marketing and outreach for the program by September 1, 2022, and begin administering stipend payments under (a)(i) of this subsection by October 1, 2022. The administrator must pay the stipends on a first-come, first-served basis and there is no individual entitlement to receive a stipend.
(c) The department is authorized to shift funding among the purposes in (a)(i), (ii), and (iii) of this subsection based on the level of demonstrated need.
(d) The department may retain up to five percent of the funding allocated under (a) of this subsection for administrative costs.
(e) The administrating entity selected under (b) of this subsection may use up to 15 percent of the funding allocated under (a)(i), (ii), and (iii) of this subsection for administrative costs and up to five percent of the funding allocated under (a)(i), (ii), and (iii) of this subsection for outreach and marketing costs.
(f) For the purposes of this subsection:
(i) "Eligible homeless service provider employee" means an individual currently employed on a full-time or part-time basis at an eligible entity that works directly on-site with persons experiencing homelessness or residents of transitional or permanent supportive housing. This includes, but is not limited to, emergency shelter and transitional housing staff; street outreach workers; caseworkers; peer advisors; reception and administrative support staff; maintenance and custodial staff; and individuals providing direct services for homeless youth and young adults. This does not include executive and senior administrative employees of an eligible entity. Nothing in this subsection creates an employment relationship, or any membership or qualification in any state or other publicly supported retirement system, due to the payment of a stipend.
(ii) "Eligible entity" means an organization with whom state agencies or local governments grant or subcontract to provide homeless services under their homeless housing program as defined in RCW 43.185C.010.
(iii) "Immediate economic needs" means costs including, but not limited to, rent or mortgage payments; utilities and other household bills; medical expenses; student loan payments; transportation-related costs; child care-related costs; behavioral health-related costs; and other basic necessities.
(157) $200,000,000 of the coronavirus state fiscal recovery fundfederal appropriation is provided solely for the department to administer a business assistance program for qualifying hospitality industry businesses that have been negatively impacted by the COVID-19 public health emergency or its negative economic impacts. The department must administer the program under appropriate agreements. For the purposes of this subsection, "qualifying hospitality industry businesses" means restaurants, hotels, motels, and other businesses in the hospitality industry as determined by the department.
(158) $1,000,000 of the general fundstate appropriation for fiscal year 2023 is provided solely for housing assistance for victims of human trafficking. The department must allocate funding through contracts with service providers that have current contracts with the office of crime victims advocacy to provide services for victims of human trafficking. A provider must use at least 80 percent of contracted funds for rental payments to landlords and the remainder for other program operation costs, including services addressing barriers to acquiring housing that are common for victims of human trafficking.
(159) $25,000 of the general fundstate appropriation for fiscal year 2022 and $75,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for a grant to a nonprofit organization operating a low-barrier emergency shelter located in the town of Wapato serving Native and non-Native chronically homeless individuals. Grant funds must be used to provide daytime services such as meals and hygiene services; case management; outreach; and other homeless services.
(160) $75,000 of the general fundstate appropriation for fiscal year 2023 is provided solely for the department to contract with a nonprofit organization in Kitsap county to provide services for families experiencing domestic violence. Amounts provided in this subsection must be used to expand supports for survivors and their children fleeing immediately dangerous situations, including emergency shelter, case management, housing advocacy, child care, mental health services, and resources and referrals. The nonprofit organization must be located in Kitsap county and must operate a state-certified domestic violence shelter.
(161) $3,000,000 of the general fundstate appropriation for fiscal year 2023 is provided solely for a grant to the city of Kent for operational improvements and other actions to improve safety and reduce train noise, with the goal of increasing quality of life and facilitating transit-oriented living in downtown Kent.
(162)(a) $750,000 of the general fundstate appropriation for fiscal year 2023 is provided solely for the department to establish a lifeline support system pilot project to assist individuals who have experienced or are at risk of entering into public systems of care. Public systems of care include office of homeless youth prevention and protection shelter and housing programs, the juvenile justice system, dependency under chapter 13.34 RCW, and inpatient behavioral health treatment.
(b)(i) The lifeline must function as a no-wrong-door access point for support and connections to services for qualifying individuals who require assistance to overcome a life challenge that could escalate into a crisis, or who are in need of general mentorship and counsel. The lifeline support system must facilitate and promote partnerships across state agencies, federally recognized tribes, counties, and community-based providers to coordinate trauma-informed and culturally responsive services for youth and young adults and their supports. The department is authorized to implement lifeline services through contracts with community partners and nonprofit organizations.
(ii) The department must establish a lifeline fund. Moneys in the fund can be used to assist community partners and nonprofit organizations to implement lifeline services when they cannot identify an existing resource to resolve a beneficiary need. The department must establish an application process and criteria for the fund.
(c) The department and a nonprofit organization, selected by the office of homeless youth, shall coconvene a work group that will design a lifeline support services system and framework for statewide implementation. This group shall have an inaugural meeting no later than August 31, 2022, and have a design ready no later than October 31, 2022. By December 31, 2022, the department, with assistance from the work group, must provide a report to the appropriate committees of the legislature on approaches to continue this pilot project in the 2023-2025 fiscal biennium.
(d) By June 30, 2023, the department, with assistance from the nonprofit organization that coconvened the work group, shall provide a report to the legislature describing the success and shortcomings of the lifeline support system, as well as other data such as request-for-service conclusions and the demographics of beneficiaries. The report must include a recommendation for how the state can permanently establish the lifeline.
(163) $500,000 of the general fundstate appropriation for fiscal year 2023 is provided solely for a grant to a nonprofit organization that provides services to survivors of domestic violence in north and east King county. Grant funding may be used for services including, but not limited to, staffing support for emergency and advocacy services and costs to expand emergency and transitional housing services for survivors of domestic violence with the greatest safety risks and highest barriers to acquiring safe housing.
(164) $850,000 of the general fundstate appropriation for fiscal year 2023 is provided solely for a grant to a nonprofit organization for costs to operate a low-barrier homeless shelter and provide housing intervention and placement services. The grant recipient must be a nonprofit organization that provides permanent supportive housing services, provides homeless services for youth and young adults, and operates a low-barrier homeless shelter for women over the age of 18 in the city of Spokane.
(165) $400,000 of the general fundstate appropriation for fiscal year 2023 is provided solely for a contract with the minority business development agency to provide technical assistance to small businesses across Washington. The department must submit a preliminary report to the appropriate committees of the legislature on the assistance provided by December 31, 2022, and a final report by June 30, 2023.
(166) $100,000 of the general fundstate appropriation for fiscal year 2023 is provided solely for a contract with a nonprofit to provide technical assistance to manufactured home community resident organizations who wish to convert the park in which they reside to resident ownership, pursuant to RCW 59.22.039. Technical assistance includes, but is not limited to, assistance with prepurchase efforts and resident outreach and engagement activities prior to filing an intent to purchase.
(167) $900,000 of the general fundstate appropriation for fiscal year 2023 is provided solely for the department to contract with one or more community-based organizations to administer a homeownership assistance program for low-income households who have been displaced from their manufactured/mobile homes due to the closure or conversion of a mobile home park or manufactured housing community in south King county. The program may offer services including credit counseling; financial education courses; assistance in locating, understanding, and preparing necessary financial and legal documentation for homeownership; outreach and engagement services, including in-language services; and other technical support to prepare households for homeownership.
(168) $185,000 of the general fundstate appropriation for fiscal year 2023 is provided solely for a grant to a nonprofit organization to provide advocacy, translation, emergency housing, and other services for victims of domestic violence, with a focus on serving members of the Latino and indigenous communities. The grant recipient must be a community-based nonprofit organization located in the city of Tacoma that provides educational programs, crisis intervention, family outreach services, arts and culture programming, and advocacy with a focus on serving Latino and indigenous communities.
(169) $1,400,000 of the general fundstate appropriation for fiscal year 2023 is provided solely for the department to contract with the municipal research and services center, in coordination with the Washington procurement technical assistance center, to provide training and technical assistance to local governments and contractors on public works contracting. Training topics may include utilization of supplemental bidding criteria, utilization of alternate public works, contracting, cost estimating, obtaining performance and payment bonds, and increasing participation of women-owned and minority-owned businesses.
(170) $250,000 of the general fundstate appropriation for fiscal year 2023 is provided solely for a grant to a nonprofit organization in the city of Tacoma that provides on-water marine science and maritime programs, as well as mentoring and community service opportunities, for youth and young adults. Grant funding must be used to expand program participation of youth and young adults from underserved and underrepresented communities.
(171) $200,000 of the general fundstate appropriation for fiscal year 2023 is provided solely for a grant to the city of Poulsbo to expand the service capacity of the fire cares behavioral health mobile outreach program.
(172) $600,000 of the general fundstate appropriation for fiscal year 2023 is provided solely for concept development, design, and planning of state-operated or contracted residential housing facilities and services at the Pacific hospital preservation and development authority quarters buildings three through ten in Seattle. The residential housing facilities may be used for recovery residences, group care, transitional housing, supportive housing, or family-centered substance use disorder recovery housing. Of the amounts provided in this subsection:
(a) $375,000 of the general fundstate appropriation for fiscal year 2023 is for lease payments for the Pacific hospital preservation and development authority quarters buildings three through ten.
(b) $75,000 of the general fundstate appropriation for fiscal year 2023 is for the department to convene a work group to develop a programming plan for utilization of the repurposed quarters buildings three through ten, subject to the following requirements:
(i) The department must contract with a nonprofit organization to facilitate the work group. The nonprofit organization must be located in the city of Seattle with experience working with systems of care, including foster care, juvenile justice, and behavioral health, and have statewide experience as an advocate, provider, and convener of programming needs for youth and young adults.
(ii) The work group must include members representing the department of children, youth, and families; the health care authority; social service providers led by and serving people of color; social service providers whose leadership represent and who serve LGBTQ youth and young adults; and persons with lived experience.
(iii) By December 31, 2022, the department must submit a report to the appropriate committees of the legislature with recommendations on housing and program models, service arrays, and estimates of operation costs.
(173) $135,000 of the general fundstate appropriation for fiscal year 2023 is provided solely for a grant to a nonprofit sexual assault resource center located in Renton to expand their sexual assault prevention programming to additional middle and high schools in the Renton school district.
(174) $45,000,000 of the coronavirus state fiscal recovery fundfederal appropriation is provided solely for a small business innovation and competitiveness fund program to spur small business recovery, startup, and growth, with a focus on initiatives that will serve BIPOC entrepreneurs and small businesses located in underserved, low-income, and rural areas.
(a) The department must competitively award grants to nonprofit organizations that work with or provide assistance to small businesses.
(b) Grant funding may be used for activities such as:
(i) Small business incubator programs;
(ii) Small business accelerator programs;
(iii) Local procurement initiatives;
(iv) Small business competitiveness programs focused on hiring and retention;
(v) Improvements and repairs to physical workplaces, including in response to public health guidelines or acts of vandalism; and
(vi) Other initiatives as determined by the department.
(c) The department may require applicants to provide a description of how proposed initiatives will benefit small businesses and entrepreneurs that are not members of the recipient organization, if applicable.
(d) The department may encourage, but may not require, a local one-to-one match of state funding awarded under the program.
(e) The department may establish regional targets or other benchmarks to ensure equitable geographic distribution of funding. If regional targets or benchmarks are adopted, the department must assess and report to the legislature on the program's performance by June 1, 2023.
(f) In developing the program, the department must consult with economic development professionals and small business support organizations. The department may consult with other interested parties at its discretion.
(175) $500,000 of the general fundstate appropriation for fiscal year 2023 is provided solely for the department to contract for technical assistance services for small businesses owned or operated by members of historically disadvantaged populations located in western Washington, with a focus on Black-owned small businesses. The contract recipient must be a business in the arts, entertainment, and media services sector based in the city of Federal Way and with experience working with BIPOC communities. Technical assistance includes but is not limited to services such as: Business and intellectual property development; franchise development and expansion; digital and social media marketing and brand development; community outreach; opportunities to meet potential strategic partners or corporate sponsors; executive workshops; networking events; small business coaching; and start-up assistance.
(176) $97,000 of the general fundstate appropriation for fiscal year 2023 is provided solely for the department to examine actual and potential school director compensation, including salaries, per diem rates, expense reimbursements, and health care benefits for the purpose of determining what changes in statute or practice, if any, would be necessary to align provisions governing school director compensation with those governing the compensation of other elected officials with comparable duties and responsibilities.
(a) The examination required by this subsection, at a minimum, must address:
(i) The duties and responsibilities of school directors and to what extent those duties, and the factors relevant to their completion, may have changed in the previous 10 years;
(ii) Demographic data about school district boards of directors and the communities they represent for the purpose of understanding the diversity of school district boards of directors and whether that diversity reflects the communities they serve;
(iii) The significant variances in school district budgets, student enrollments, tax bases, and revenues;
(iv) Options for periodically updating school director compensation, including the frequency and timing of potential compensation reviews, potential entities that may be qualified to conduct the reviews, and considerations related to inflationary indices or other measures that reflect cost-of-living changes; and
(v) Options for funding the actual and potential costs of school director compensation, including salaries, per diem amounts, expense reimbursements, and health care benefits.
(b) In completing the examination required by this subsection, the department shall consult with interested parties, including the office of the superintendent of public instruction, the Washington state school directors' association, the Washington association of school administrators, and educational service districts.
(c) The department shall, in accordance with RCW 43.01.036, report its findings and recommendations to the governor, the superintendent of public instruction, and the committees of the legislature with jurisdiction over fiscal matters and K-12 education by January 6, 2023.
(177) $175,000 of the general fundstate appropriation for fiscal year 2023 is provided solely for a grant to the south King fire and rescue district located in south King county to implement a workforce development initiative, with the goals of increasing recruitment and retention of employees from south King county communities and increasing the diversity of the district's workforce.
(178) $500,000 of the general fundstate appropriation for fiscal year 2023 is provided solely for the department to contract for a diversity, equity, and inclusion initiative focused on youth sports and other activities, with an emphasis on basketball. The contract recipient must be a nongovernmental entity that serves as a resource for professional, amateur, collegiate, and youth sports organizations and venues in the greater Seattle region. Contract funding may be used to provide engagement and support for Washington state youth basketball organizations, with a focus on organizations in the Puget Sound region, and to provide assistance for activities including sport academies, youth leagues and sport camps, promotion of community basketball events, scholarships, and an equity in sports summit.
(179) $400,000 of the general fundstate appropriation for fiscal year 2022 and $850,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for a grant to a nonprofit organization located in the city of Seattle that provides legal assistance and representation to survivors of sexual and gender-based violence to expand their current services, including but not limited to legal assistance and representation; technical assistance for advocates, providers, and attorneys; community education and trainings; and other legal support services. In providing services, the grant recipient must protect the privacy, safety, and civil rights of survivors and utilize trauma-informed practices and equity principles.
(180) $250,000 of the general fundstate appropriation for fiscal year 2023 is provided solely for a contract for a small business assistance program serving the city of Silverdale and central Kitsap county. The contract recipient must be a nongovernmental organization located in the city of Silverdale whose primary focus is the economic development of the city of Silverdale and central Kitsap county. The contract funding must be used to provide financial assistance in the form of grants or loans and other entrepreneurship opportunities for small businesses that have experienced a loss of business income or activity or have been otherwise economically disadvantaged during the COVID-19 pandemic. The contract recipient must conduct targeted outreach and education to ensure small businesses owned by members of historically marginalized communities are aware of business assistance opportunities available through the program.
(181) $300,000 of the general fundstate appropriation for fiscal year 2023 is provided solely for a grant to a nonprofit organization for activities that will improve access to child care in southwest Washington, including but not limited to activities to begin using a shared services model for regional child care providers, and to convene a short-term work group on expanding child care access and affordability in the region. The grant recipient must be a nonprofit organization located in the city of Vancouver that is the lead organization in a collaborative partnership to expand child care capacity in southwest Washington.
(182) $135,000 of the general fundstate appropriation for fiscal year 2023 is provided solely for a grant to a nonprofit organization to provide sexual assault prevention programming to middle and high schools in the Tacoma school district. The grant recipient must be a nonprofit organization serving the city of Tacoma that provides education, intervention, and social advocacy programs for victims of sexual assault, domestic violence, human trafficking, and other forms of abuse.
(183) $80,000 of the coronavirus state fiscal recovery fundfederal appropriation is provided solely for a grant to a nonprofit organization for information technology needs, including, but not limited to, hardware, software, and other subscriptions, so that the recipient may continue and expand services to address poverty. The grant recipient must be a nonprofit organization that works with public, private, and nonprofit partners to address poverty in Snohomish county, with a focus on serving families with young children.
(184) $5,410,000 of the general fundstate appropriation for fiscal year 2023 is provided solely for implementation of Engrossed Second Substitute House Bill No. 1099 (comprehensive planning). Amounts provided in this subsection include funding sufficient for local governments that are subject to the requirements of that bill to implement the bill. If the bill is not enacted by June 30, 2022, the amount provided in this subsection shall lapse.
(185) $25,000,000 of the general fundstate appropriation for fiscal year 2023 is provided solely for the landlord mitigation program created in RCW 43.31.605(1). Of the amount provided in this subsection, $2,000,000 of the general fundstate appropriation for fiscal year 2023 is for program claims made pursuant to Substitute House Bill No. 1593 (landlord mitigation/victims).
(186) $1,161,000 of the general fundstate appropriation for fiscal year 2023 is provided solely for implementation of Substitute House Bill No. 1571 (indigenous persons/services). Of the amount provided in this subsection, $1,000,000 of the general fundstate appropriation for fiscal year 2023 is provided solely for grants awarded under Substitute House Bill No. 1571. If the bill is not enacted by June 30, 2022, the amount provided in this subsection shall lapse.
(187) $500,000 of the general fundstate appropriation for fiscal year 2023 is provided solely for implementation of Engrossed Substitute House Bill No. 1629 (aerial imaging technology). If the bill is not enacted by June 30, 2022, the amount provided in this subsection shall lapse.
(188) $486,000 of the general fundstate appropriation for fiscal year 2023 is provided solely for implementation of Substitute House Bill No. 1717 (tribal participation). If the bill is not enacted by June 30, 2022, the amount provided in this subsection shall lapse.
(189) $1,353,000 of the general fundstate appropriation for fiscal year 2023 is provided solely for implementation of Engrossed Second Substitute House Bill No. 1723 (telecommunications access). If the bill is not enacted by June 30, 2022, the amount provided in this subsection shall lapse.
(190) $155,000 of the general fundstate appropriation for fiscal year 2023 is provided solely for implementation of Substitute House Bill No. 1724 (supportive housing resources). If the bill is not enacted by June 30, 2022, the amount provided in this subsection shall lapse.
(191)(a) $9,515,000 of the apple health and homes accountstate appropriation is provided solely for implementation of Engrossed Substitute House Bill No. 1866 (supportive housing). If the bill is not enacted by June 30, 2022, the amount provided in this subsection shall lapse.
(b) Of the amount provided in this subsection, $7,250,000 of the apple health and homes accountstate appropriation is provided solely for permanent supportive housing services including operations, maintenance, and service costs of permanent supportive housing units; project-based vouchers; rental subsidies; and provider grants. These funds shall not be used for costs that are eligible for coverage through the foundational community supports program established pursuant to the health care authority's federal medicaid transformation project waiver.
(192) $4,434,000 of the general fundstate appropriation for fiscal year 2023 is provided solely for implementation of Second Substitute House Bill No. 1905 (homelessness/youth discharge). If the bill is not enacted by June 30, 2022, the amount provided in this subsection shall lapse. Of the amount provided in this subsection:
(a) $1,600,000 of the general fundstate appropriation for fiscal year 2023 is provided solely for flexible funding administered by the office of homeless youth to support persons under the age of 25 exiting publicly funded systems of care that need discrete support or funding to secure safe housing;
(b) $625,000 of the general fundstate appropriation for fiscal year 2023 is provided solely for grants to counties to administer housing stability for youth in crisis programs; and
(c) $2,018,000 of the general fundstate appropriation for fiscal year 2023 is provided solely for system of care grants. Of this amount, $500,000 of the general fundstate appropriation for fiscal year 2023 is provided solely for grants to assist young adults discharging from inpatient behavioral health treatment facilities to obtain housing.
(193)(a) $5,000,000 of the general fundstate appropriation for fiscal year 2022 and $15,000,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for implementation of Substitute House Bill No. 1957 (disaster recovery assistance). If the bill is not enacted by June 30, 2022, the amounts provided in this subsection shall lapse.
(b) Of the amounts provided in this subsection, $5,000,000 of the general fundstate appropriation for fiscal year 2022 and $5,000,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for grants for eligible businesses located in northwest Washington.
(194) $214,000 of the general fundstate appropriation for fiscal year 2023 is provided solely for implementation of Engrossed Second Substitute House Bill No. 1015 (equitable access to credit). If the bill is not enacted by June 30, 2022, the amount provided in this subsection shall lapse.
(195) $276,000 of the general fundstate appropriation for fiscal year 2023 is provided solely for implementation of Engrossed Second Substitute House Bill No. 1117 (comp. planning/salmon). If the bill is not enacted by June 30, 2022, the amount provided in this subsection shall lapse.
(196) $11,670,000 of the general fundstate appropriation for fiscal year 2023 is provided solely for implementation of Engrossed Second Substitute House Bill No. 1117 (comp. planning/salmon). Amounts provided in this subsection include funding sufficient for local governments that are subject to the requirements of that bill to implement the bill. If the bill is not enacted by June 30, 2022, the amount provided in this subsection shall lapse.
(197)(a) $950,000 of the general fundstate appropriation for fiscal year 2023 is provided solely for a grant to a nonprofit organization for an initiative to advance supportive housing projects, including those funded through the apple health and homes program created in Engrossed Substitute House Bill No. 1866 (supportive housing). The department is directed to extend the contract of the grantee of the 2021 request for qualifications and quotations advancing affordable housing and education centers due to the recipient's national experience with programs to sustain and rapidly expand housing for persons experiencing homelessness or at risk of homelessness, and who are, thereby, inherently impacted by COVID-19.
(b) The grant recipient must use the funding to:
(i) Partner with state, regional, and local public entities, nonprofit housing developers, and service providers to develop a broad range of housing types for supportive housing;
(ii) Provide technical assistance on the constructive alignment of yet-to-be-secured state or local capital funds, and other services, for the construction, acquisition, refurbishment, redevelopment, master leasing of properties for noncongregate housing, or conversion of units from nonresidential to residential, of dwelling units for supportive housing;
(iii) Analyze the suitability of properties and sites, including existing buildings for supportive housing, through completing due diligence, conceptual design, and financial analysis activities, applying and implementing an equity lens in site selection, program planning, development, and operations;
(iv) Advise and collaborate with the office of health and homes to prepare projects for capital funding;
(v) Advise on supportive housing best practices;
(vi) Advise on service delivery for vulnerable populations;
(vii) Advise on local community engagement, especially with populations with lived experience of homelessness; and
(viii) Subcontract for specialized predevelopment services as needed.
(198) $7,500,000 of the general fundstate appropriation for fiscal year 2023 is provided solely for the department to administer grants to eligible cities for actions relating to adopting ordinances that would authorize middle housing types on at least 30 percent of lots currently zoned as single family residential.
(a) For the purposes of this subsection, a city is eligible to receive a grant if:
(i) The city is required to plan under RCW 36.70A.040; and
(ii) The city is required to take action on or before June 30, 2024, to review and, if needed, revise its comprehensive plan and development regulations pursuant to RCW 36.70A.130(5)(a).
(b) Grant recipients must use grant funding for costs to conduct at least three of the following activities:
(i) Analyzing comprehensive plan policies and municipal code to determine the extent of amendments required to meet the goal of authorizing middle housing types on at least 30 percent of lots currently zoned as single family residential;
(ii) Preparing informational material for the public;
(iii) Conducting outreach, including with the assistance of community-based organizations, to inform and solicit feedback from a representative group of renters and owner-occupied households in residential neighborhoods, and from for-profit and nonprofit residential developers;
(iv) Drafting proposed amendments to zoning ordinances for consideration by the city planning commission and city council;
(v) Holding city planning commission public hearings;
(vi) Publicizing and presenting the city planning commission's recommendations to the city council; and
(vii) Holding city council public hearings on the planning commission's recommendations.
(c) Before updating their zoning ordinances, a city must use a racial equity analysis and establish antidisplacement policies as required under RCW 36.70A.070(2)(e) through (h) to ensure there will be no net displacement of very low, low, or moderate-income households, as defined in RCW 43.63A.510, or individuals from racial, ethnic, and religious communities which have been subject to discriminatory housing policies in the past.
(d) The department shall prioritize applicants who:
(i) Aim to authorize middle housing types in the greatest proportion of zones; and
(ii) Subcontract with multiple community-based organizations that represent different vulnerable populations in overburdened communities, as defined in RCW 70A.02.010, that have traditionally been disparately impacted by planning and zoning policies and practices, to engage in eligible activities as described in (b) of this subsection.
(e) For the purposes of this subsection, "middle housing types" include duplexes, triplexes, fourplexes, fiveplexes, sixplexes, townhouses, courtyard apartments, cottage housing, and stacked flats.
(199)(a) $1,000,000 of the general fundstate appropriation for fiscal year 2023 is provided solely for the department to administer an energy efficient housing pilot program with the goal of reducing energy consumption and related expenses for low-income agricultural workers in the Yakima valley. Funding must be distributed in the form of grants to community-based organizations, with priority given to organizations with a proven track record of assisting agricultural workers.
(b) Grant recipients may use the funds awarded under (a) of this subsection to conduct the following activities for eligible housing:
(i) Install photovoltaic solar panel systems, solar water heating systems, and battery backups;
(ii) Replace energy inefficient appliances with energy star certified appliances;
(iii) Replace existing lighting with light emitting diode lighting; and
(iv) Conduct weatherization of homes and other residences.
(c) Eligible housing includes:
(i) Homes owned and occupied by agricultural workers; and
(ii) Homes, apartments, and other residential facilities providing rental housing to agricultural workers, provided that the owners of the facilities pass the savings in energy costs to agricultural worker tenants and commit to the use of the facilities as agricultural worker housing for 15 years as a condition of accepting assistance as described in (b) of this subsection.
(d) For the purposes of this subsection, "agricultural workers" means workers on farms and workers performing packing or processing work of agricultural products. "Agricultural workers" does not mean the owners of agricultural enterprises.
(200)(a) $500,000 of the general fundstate appropriation for fiscal year 2023 is provided solely for a contract with a community-based nonprofit organization located in the Yakima valley to develop a community consortium for the purpose of developing and implementing strategies for the prevention of gang violence in Yakima county.
(b) The consortium must include representation from community-based organizations, gang-involved youth, law enforcement agencies, and state agencies involved in juvenile justice.
(c) The consortium must develop after-school activities such as counseling, tutoring, and computer literacy for gang-involved youth, in conjunction with local school districts.
(d) The consortium must, in conjunction with a public radio station, conduct a Spanish-language public radio media outreach campaign with the aim of linking gang-involved youth with employment, educational, and training opportunities. In conducting the outreach campaign, the consortium may work with schools, grassroots organizations, faith-based groups, law enforcement, families, and juvenile justice agencies.
(e) In developing its outreach and intervention activities, the consortium may facilitate workshops and conferences, either in person or virtual, with educators, parents, and youth.
(f) By June 30, 2023, the department must provide a report to the appropriate committees of the legislature. The report must include:
(i) A description of the gang violence prevention programs conducted by the consortium and how they were implemented;
(ii) A description of any virtual community events, workshops, and conferences held; and
(iii) The number of individuals who participated in or received services through the programs conducted by the consortium, including any relevant demographic data for those individuals.
(201)(a) $5,000,000 of the general fundstate appropriation for fiscal year 2023 is provided solely for the department to administer grants to strengthen family resource center services and increase capacity statewide. Grant funding may be used: For an organization to provide new services in order to meet the statutory requirements of a family resource center, as defined in RCW 43.216.010; to increase capacity or enhance service provision at current family resource centers, including but not limited to direct staffing and administrative costs; and to conduct data collection, evaluation, and continuous quality improvement activities. The department may award an amount from $30,000 up to $200,000 per grant recipient.
(b) Eligible applicants for a grant under (a) of this subsection include current family resource centers, as defined in RCW 43.330.010, or organizations in the process of becoming qualified as family resource centers. Applicants must affirm their ability and willingness to serve all families requesting services in order to receive a grant. Applicants must currently be or agree to become a member of a statewide family resource center network during the grant award period in order to receive a grant.
(c) The department must co-convene an advisory group with the department of children, youth, and families that includes representatives from family resource centers; parents, caregivers, and individuals who have used family resource center services; and other stakeholders as determined by the department. The department must develop application guidelines and award funding to eligible applicants in consultation with the department of children, youth, and families and the advisory group. Advisory group members representing family resource centers or other organizations that apply for grant funding may not participate in the process of determining grant award recipients.
(d) In distributing grant funding, the department must, to the extent it is practicable, award 75 percent of funding to organizations located west of the crest of the Cascade mountains, and 25 percent of funding to organizations located east of the crest of the Cascade mountains.
(e) By July 1, 2023, grant recipients must submit a report to the department on the use of grant funding, including but not limited to progress in attaining status as a family resource center, if applicable; the number and type of services offered to families; demographic and income data for families served; and family postservice outcomes. By September 1, 2023, the department must submit a report to the legislature on topics including but not limited to the grant application process; needs identified by family resource centers; and use of funds by grant recipients.
(202)(a) $2,800,000 of the general fundstate appropriation for fiscal year 2023 is provided solely for the office of firearm safety and violence prevention for a healthy youth and violence prevention initiative with the goal of preventing violence, decreasing engagement with the juvenile justice system, and encouraging health and well-being for youth and young adults ages 12 to 24. As part of the initiative, the office must partner with community-based organizations to serve as regional coordinators who will:
(i) Connect youth and young adults ages 12 to 24 who are most vulnerable to violence with programs that provide services including, but not limited to, street outreach, youth employment and preapprenticeship programs, case management, behavioral health services, and other services as appropriate; and
(ii) Assist local governments, service providers, and nonprofit organizations in accessing and leveraging federal, state, and local funding for violence prevention and related services.
(b) In developing the healthy youth and violence prevention initiative, the office must consult with interested parties including members of the legislature, community members with expertise in public health strategies to address youth violence, and people impacted by youth and young adult violence.
(c) Of the amount provided in this subsection:
(i) $2,000,000 of the general fundstate appropriation for fiscal year 2023 is provided solely for a grant for a demonstration program serving south King county. The grant recipient must be a nonprofit health system currently administering a violence prevention initiative in King and Pierce counties. The grant recipient may subgrant or subcontract funds to programs providing services as described in (a)(i) of this subsection.
(ii) $600,000 of the general fundstate appropriation for fiscal year 2023 is provided solely for planning grants for future programs serving Pierce county, Yakima county, and the city of Vancouver. Grant recipients must be community-based nonprofit organizations.
(iii) $200,000 of the general fundstate appropriation for fiscal year 2023 is provided solely for the office to develop a database and reporting system for regional coordinators to report program outcomes for service providers receiving grants or subgrants through the initiative. The database must be accessible to and utilized by all organizations serving as regional coordinators. In developing the database fields, the office must, to the extent it is feasible, use categories identified as part of the developmental assets framework developed by the Search Institute.
(203)(a) $25,000 of the general fundstate appropriation for fiscal year 2022 and $225,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for the department to conduct an evaluation of the costs for cities and counties to review and revise their comprehensive plans to ensure compliance with chapter 36.70A RCW. The evaluation must include, at a minimum, the costs for each general jurisdiction size and type, and the costs to complete various types of planning requirements, including:
(i) Meeting the requirements of a new goal in RCW 36.70A.020;
(ii) Meeting the requirements of a new comprehensive plan element in RCW 36.70A.070;
(iii) Updating a critical areas ordinance;
(iv) Updating a shoreline master program ordinance;
(v) Making a minor update of a comprehensive plan element;
(vi) Making a complex update of a comprehensive plan element;
(vii) Updating a development regulation; and
(viii) Implementing a new development regulation.
(b) The department must consult with the Washington state association of counties and the association of Washington cities in conducting the evaluation.
(c) The department must submit a report of the results of the evaluation to the legislature by December 1, 2022.
Sec. 128. 2021 c 334 s 130 (uncodified) is amended to read as follows:
FOR THE ECONOMIC AND REVENUE FORECAST COUNCIL
General FundState Appropriation (FY 2022)
. . . .
(($903,000))
     
$907,000
General FundState Appropriation (FY 2023)
. . . .
(($964,000))
     
$968,000
Lottery Administrative AccountState Appropriation
. . . .
$50,000
TOTAL APPROPRIATION
. . . .
(($1,917,000))
     
$1,925,000
Sec. 129. 2021 c 334 s 131 (uncodified) is amended to read as follows:
FOR THE OFFICE OF FINANCIAL MANAGEMENT
General FundState Appropriation (FY 2022)
. . . .
(($16,022,000))
     
$17,519,000
General FundState Appropriation (FY 2023)
. . . .
(($15,819,000))
     
$26,015,000
General FundFederal Appropriation
. . . .
(($32,507,000))
     
$33,320,000
General FundPrivate/Local Appropriation
. . . .
$531,000
Economic Development Strategic Reserve AccountState
Appropriation
. . . .
$329,000
Workforce Education Investment AccountState
Appropriation
. . . .
$100,000
Personnel Service AccountState Appropriation
. . . .
(($23,431,000))
     
$18,555,000
Higher Education Personnel Services AccountState
Appropriation
. . . .
$1,497,000
Statewide Information Technology System
Development ((Maintenance and Operations))
Revolving AccountState Appropriation
. . . .
(($102,037,000))
     
$106,831,000
Office of Financial Management Central Service
AccountState Appropriation
. . . .
(($21,945,000))
     
$23,165,000
Statewide Information Technology System Maintenance
and Operations Revolving AccountState
Appropriation
. . . .
$8,604,000
Performance Audits of Government AccountState
Appropriation
. . . .
$672,000
Coronavirus State Fiscal Recovery FundFederal
Appropriation
. . . .
$1,560,000
TOTAL APPROPRIATION
. . . .
(($216,450,000))
     
$238,698,000
The appropriations in this section are subject to the following conditions and limitations:
(1)(a) The student achievement council and all institutions of higher education as defined in RCW 28B.92.030 and eligible for state financial aid programs under chapters 28B.92 and 28B.118 RCW shall ensure that data needed to analyze and evaluate the effectiveness of state financial aid programs are promptly transmitted to the education data center so that it is available and easily accessible. The data to be reported must include but not be limited to:
(i) The number of Washington college grant and college bound recipients;
(ii) Persistence and completion rates of Washington college grant recipients and college bound recipients, disaggregated by institution of higher education;
(iii) Washington college grant recipients grade point averages; and
(iv) Washington college grant and college bound scholarship program costs.
(b) The student achievement council shall submit student unit record data for state financial aid program applicants and recipients to the education data center.
(2) $100,000 of the workforce education investment accountstate appropriation is provided solely to the office of financial management to implement career connected learning.
(3)(a) (($102,037,000))$106,831,000 of the information technology system development revolving accountstate appropriation, $8,604,000 of the information technology system maintenance and operations revolving accountstate appropriation, $162,000 of the personnel services accountstate appropriation, and (($162,000))$1,382,000 of the office of financial management central services accountstate appropriation are provided solely for the one Washington enterprise resource planning statewide program. Of this amount:
(i) $7,756,000 of the information technology system development revolving accountstate appropriation is provided solely for an organizational change management pool to pay for phase 1A (agency financial reporting system replacementcore financials) state agency organizational change management resources. The office of financial management will manage the pool, authorize funds, and track costs by agency by fiscal month;
(ii) $22,000,000 of the information technology system development revolving accountstate appropriation is provided solely for a technology pool to pay for phase 1A (agency financial reporting system replacementcore financials) state agency costs due to work associated with impacted financial systems and interfaces. The office of financial management will manage the pool, authorize funds, and track costs by agency by fiscal month;
(iii) $1,326,000 of the information technology system development revolving accountstate appropriation is provided solely for three dedicated information technology consultant staff to be contracted from the office of the chief information officer. These staff will work with state agencies to ensure preparation and timely decommission of information technology systems that will no longer be necessary post implementation of phase 1A (agency financial reporting system replacementcore financials);
(iv) (($4,609,000))$8,604,000 of the information technology system ((development))maintenance and operations revolving accountstate appropriation is provided solely for maintenance and operations costs for phase 1A (agency financial reporting system replacement—core financials), which will begin in fiscal year 2023;
(v) $9,153,000 of the information technology system development revolving accountstate appropriation is provided solely for phase 1B (expanding financials and procurement ((and extended financials))) ((in fiscal year 2022));
(vi) $162,000 of the personnel services account—state appropriation is provided solely for a dedicated staff for phase 2 (human ((resources))capital management) coordination; and
(vii) $162,000 of the office of financial management central services account—state appropriation is provided solely for a dedicated staff for phase 3 (budget) coordination.
(b) Beginning July 1, 2021, the office of financial management shall provide written quarterly reports, within 30 calendar days of the end of each fiscal quarter, to legislative fiscal committees and the legislative evaluation and accountability program committee to include how funding was spent compared to the budget spending plan for the prior quarter by fiscal month and what the ensuing quarter budget will be by fiscal month. All reporting must be separated by phase of one Washington subprojects. The written report must also include:
(i) A list of quantifiable deliverables accomplished and the associated expenditures by each deliverable by fiscal month;
(ii) A report on the contract full time equivalent charged compared to the budget spending plan by month for each contracted vendor and what the ensuing contract equivalent budget spending plan assumes by fiscal month;
(iii) A report identifying each state agency that applied for and received organizational change management pool resources, the staffing equivalent used, and the cost by fiscal month by agency compared to budget spending plan;
(iv) A report identifying each state agency that applied for and received technology pool resources, the staffing equivalent used, and the cost by fiscal month by agency compared to the budget spending plan;
(v) A report on budget spending plan by fiscal month by phase compared to actual spending by fiscal month; and
(vi) A report on current financial office performance metrics that at least 10 state agencies use, to include the monthly performance data, starting July 1, 2021.
(c) Prior to spending any funds, the director of financial management must agree to the spending and sign off on the spending.
(d) This subsection is subject to the conditions, limitations, and review requirements of section 701 of this act.
(4) $250,000 of the office of financial management central services account—state appropriation is provided solely for a dedicated information technology budget staff for the work associated with statewide information technology projects that are under the oversight of the office of the chief information officer. The staff will be responsible for providing a monthly financial report after each fiscal month close to fiscal staff of the senate ways and means and house appropriations committees to reflect at least:
(a) Fund balance of the information technology pool account after each fiscal month close;
(b) Amount by information technology project, differentiated if in the technology pool or the agency budget, of what funding has been approved to date and for the last fiscal month;
(c) Amount by agency of what funding has been approved to date and for the last fiscal month;
(d) Total amount approved to date, differentiated if in the technology pool or the agency budget, and for the last fiscal month;
(e) A projection for the information technology pool account by fiscal month through the 2021-2023 fiscal biennium close, and a calculation spent to date as a percentage of the total appropriation;
(f) A projection of each information technology project spending compared to budget spending plan by fiscal month through the 2021-2023 fiscal biennium, and a calculation of amount spent to date as a percentage of total project cost; and
(g) A list of agencies and projects that have not yet applied for nor been approved for funding by the office of financial management.
(5) (($12,741,000))$6,741,000 of the personnel service account—state appropriation is provided solely for administration of orca pass benefits included in the 2021-2023 collective bargaining agreements and provided to nonrepresented employees. The office of financial management must bill each agency for that agency's proportionate share of the cost of orca passes. The payment from each agency must be deposited into the personnel service account and used to purchase orca passes. The office of financial management may consult with the Washington state department of transportation in the administration of these benefits.
(6) Within existing resources, the labor relations section shall produce a report annually on workforce data and trends for the previous fiscal year. At a minimum, the report must include a workforce profile; information on employee compensation, including salaries and cost of overtime; and information on retention, including average length of service and workforce turnover.
(7)(a) The office of financial management statewide leased facilities oversight team must identify opportunities to reduce statewide leased facility space given the change in business practices since 2020 whereby many state employees were mostly working remotely and may continue to do so going forward, or at least more state employees are anticipated to work remotely than in calendar year 2019.
(b) The office of financial management will work to identify opportunities for downsizing office space and increased collocation by state agencies, especially for any leases that will be up for renewal effective July 1, 2022, through June 30, 2024.
(c) The office of financial management must, in collaboration with the department of enterprise services, identify and make recommendations on reduction in leased office space by agency for fiscal years 2024 and 2025. The analysis must include detailed information on any reduced costs, such as lease contract costs, and include at least:
(i) Agency name;
(ii) Lease contract number and term (start and end date);
(iii) Contract amount by fiscal year; and
(iv) Current and future projected collocated agency tenants.
(d) The office of financial management must submit a report responsive to (a), (b), and (c) of this subsection to fiscal and appropriate policy committees of the legislature by June 30, 2022.
(8) $105,000 of the general fundstate appropriation for fiscal year 2022 and $68,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for implementation of Engrossed Second Substitute Senate Bill No. 5163 (conditionally released sexually violent predators). ((If the bill is not enacted by June 30, 2021, the amounts provided in this subsection shall lapse.))
(9) $79,000 of the general fundstate appropriation for fiscal year 2022 and $79,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for staffing for the sentencing guidelines commission.
(10) (($90,000 of the general fundstate appropriation for fiscal year 2022 and $166,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for the office of financial management to complete the following activities:
(a) By December 1, 2022, and consistent with RCW 43.01.036, the office of financial management must submit a report to the legislature that assesses how to incorporate a net ecological gain standard into state land use, development, and environmental laws and rules to achieve a goal of better statewide performance on endangered species recovery and ecological health. The report must address each environmental, development, or land use law or rule where the existing standard is less protective of ecological integrity than the standard of net ecological gain, including the shoreline management act (chapter 90.58 RCW), the growth management act (chapter 36.70A RCW), construction projects in state waters (chapter 77.55 RCW), and the model toxics control act.
(b) In developing the report under this section, the office of financial management must consult with the appropriate local governments, state agencies, federally recognized Indian tribes, and stakeholders with subject matter expertise on environmental, land use, and development laws including but not limited to cities, counties, ports, the department of ecology, the department of fish and wildlife, and the department of commerce.
(c) The report must include:
(i) Development of a definition, objectives, and goals for the standard of net ecological gain;
(ii) An assessment and comparison analysis of opportunities and challenges, including legal issues and costs on state and local governments to achievement of overall net ecological gain through both:
(A) Implementation of a standard of net ecological gain under different environmental, development, and land use laws; and
(B) An enhanced approach to implementing and monitoring no net loss in existing environmental, development, and land use laws;
(iii) Recommendations on funding, incentives, technical assistance, legal issues, monitoring, and use of scientific data, and other applicable considerations to the integration of net ecological gain into each environmental, development, and land use law or rule; and
(iv) An assessment of how applying a standard of net ecological gain in the context of each environmental, land use, or development law is likely to achieve substantial additional environmental or social co-benefits.
(11) $158,000))$45,000 of the general fundstate appropriation for fiscal year 2022 ((is))and $113,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for the work of the office of financial management to conduct a feasibility study and make recommendations regarding the establishment of a system for streamlining the vacation of criminal conviction records in section 953 of this act.
(((12)))(11)(a) $150,000 of the general fundstate appropriation for fiscal year 2022 is provided solely for the office of financial management to provide recommendations, as described in (b) of this subsection, on the procedure for providing an equity impact statement for legislative proposals, and content and format requirements for the equity impact statement.
(b) By July 1, 2022, the office of financial management must submit a report to the governor, appropriate committees of the legislature, and statutory commissions that details recommendations on:
(i) The procedure for providing an equity impact statement for legislative proposals;
(ii) The format and content requirements for the equity impact statement;
(iii) A plan, including information technology additions or revisions, necessary to provide equity impact statements;
(iv) Recommendations on which office or agency should be principally responsible for coordinating the provision of equity impact statements with state agencies; and
(v) Recommendations on any policy changes needed to implement the provision of equity impact statements.
(c) For the purpose of implementing this subsection, the office of financial management may contract with an entity or entities that have expertise in equity impact assessments.
(d) The office of financial management must consult with the governor's interagency council on health disparities and the office of equity in developing the procedures, and content and format requirements.
(e) For purposes of this subsection, "statutory commission" means the Washington state commission on African American affairs established in chapter 43.113 RCW, the Washington state commission on Asian Pacific American affairs established in chapter 43.117 RCW, the Washington state commission on Hispanic affairs established in chapter 43.115 RCW, the Washington state women's commission established in chapter 43.119 RCW, the Washington state LGBTQ commission established in chapter 43.114 RCW, and the human rights commission established in chapter 49.60 RCW.
(((13)))(12) $785,000 of the general fundstate appropriation for fiscal year 2022 and $960,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for implementation of Engrossed Substitute House Bill No. 1267 (police use of force). ((If the bill is not enacted by June 30, 2021, the amounts provided in this subsection shall lapse.
(14)))(13) $172,000 of the general fundstate appropriation for fiscal year 2022 and $167,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for implementation of Engrossed Second Substitute House Bill No. 1295 (institutional ed./release). ((If the bill is not enacted by June 30, 2021, the amounts provided in this subsection shall lapse.
(15) $300,000))(14) $150,000 of the general fundstate appropriation for fiscal year 2022 and (($300,000))$450,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for the office of financial management to assist the health care authority, the department of social and health services, and the department of health in coordinating efforts to transform the behavioral health system and improve the collection and availability of data. Within these amounts, the office must provide direction and ensure coordination between state agencies in the forecasting of forensic and long-term civil commitment beds, transition of civil long-term inpatient capacity from state hospital to community settings, and efforts to improve the behavioral health crisis response system. Sufficient funding within this section is provided for the staff support and other costs related to the crisis response improvement strategy committee established in section 104 of Engrossed Second Substitute House Bill No. 1477 (national 988 system).
(15) $40,000 of the general fundstate appropriation for fiscal year 2023 is provided solely for the office of financial management to review and report on vendor rates for services provided to low-income individuals at the department of children, youth, and families, the department of corrections, and the department of social and health services. The report must be submitted to the governor and the appropriate committees of the legislature by December 1, 2022, and must include review of, at least:
(a) The current rates for services by vendor;
(b) A history of increases to the rates since fiscal year 2010 by vendor;
(c) A comparison of how the vendor increases and rates compare to inflation; and
(d) A summary of the billing methodology for the vendor rates.
(16) $475,000 of the general fundstate appropriation for fiscal year 2023 is provided solely for implementation of Substitute House Bill No. 1746 (COVID-19/student supports). If the bill is not enacted by June 30, 2022, the amount provided in this subsection shall lapse.
(17) $35,000 of the general fundstate appropriation for fiscal year 2022 and $86,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for implementation of Substitute House Bill No. 1867 (dual credit program data). If the bill is not enacted by June 30, 2022, the amounts provided in this subsection shall lapse.
(18)(a) $100,000 of the general fundstate appropriation for fiscal year 2022 and $400,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for the office to contract with a third-party facilitator to convene an applicant background check work group. The purpose of the work group is to review existing requirements and processes for conducting applicant background checks for impacted individuals, and to provide a feasibility study and implementation plan for establishing a state office to centrally manage criminal background check processes for impacted individuals.
(b) For the purposes of this subsection, "impacted individuals" means applicants for state employment, current state employees, and individuals for whom an applicant background check is required as a condition of employment or to provide state services, including but not limited to individuals subject to the requirements of RCW 26.44.240, 28A.400.303, 43.43.830 through 43.43.845, 43.101.095, 43.216.270, 74.15.030, and 74.39A.056.
(c) The director of the office, or the director's designee, must chair the work group. The chair must appoint representatives to the work group including but not limited to:
(i) A representative of the department of social and health services;
(ii) A representative of the department of children, youth, and families;
(iii) A representative of the Washington state patrol;
(iv) A representative of the department of corrections;
(v) A representative of the office of the superintendent of public instruction; and
(vi) Other state agency representatives or representatives of interested parties, at the discretion of the chair, who have expertise in topics considered by the work group.
(d) By December 1, 2022, the work group must submit a preliminary feasibility study and implementation plan for a state central background check office to the governor and appropriate committees of the legislature. By June 1, 2023, the work group must submit a final feasibility study and implementation plan to the governor and appropriate committees of the legislature. In developing the feasibility study and implementation plan, the work group must include the following:
(i) A review of current background check requirements and processes for impacted individuals, including:
(A) A list of all state positions and purposes that require a criminal background check as a condition of employment, certification, licensure, or unsupervised access to vulnerable persons;
(B) An analysis of any "character, suitability, and competence" components that are required in addition to an applicant background check, including whether such components are warranted and whether they result in unrealistic and unnecessary barriers or result in disproportionate negative outcomes for members of historically disadvantaged communities; and
(C) A review of current costs of applicant background checks for state agencies and impacted individuals, including a comparison of current vendor contracts for fingerprint background checks; and
(ii) A proposal and implementation plan to establish a central state office to manage applicant background check processes. In developing the proposal, the work group must consider policy and budgetary factors including, but not limited to:
(A) Cost structure and sharing for impacted agencies, including any cost savings that may occur from transitioning to a centralized criminal background check process;
(B) Information technology needs for the new office and individual agencies, including any necessary information sharing agreements;
(C) Staffing;
(D) Comparable solutions and processes in other states;
(E) Potential usage of the federal rap back system, including steps necessary to join the system and associated costs and benefits;
(F) Processes and considerations to make criminal background check results portable for impacted individuals;
(G) Steps necessary to meet federal regulatory requirements and ensure federal approval of state criminal background check processes;
(H) The impact of the proposed process changes for impacted individuals who are members of historically disadvantaged populations; and
(I) Any statutory changes that may be necessary to ensure clarity and consistency.
(19) $25,000 of the general fundstate appropriation for fiscal year 2022 and $201,000 of the general fundstate appropriation for fiscal year 2023 are provided solely to evaluate the effectiveness, utilization, and outcomes of the voluntary incentive programs for landowners and of existing regulatory programs responsible for protecting and restoring areas along streams and rivers toward achieving a science-based standard for a fully functioning riparian ecosystem. In carrying out this subsection, the office must:
(a) Contract with an independent entity for the analysis. The contract is exempt from the competitive procurement requirements in chapter 39.26 RCW.
(b) Provide a report with preliminary results to the governor's office and the appropriate committees of the legislature to inform development of recommendations no later than September 1, 2022. A final report is due by December 1, 2022.
(c) Provide funding to agencies, where needed, to compile and provide data necessary for the analysis.
(20) $674,000 of the general fundstate appropriation for fiscal year 2022, $1,525,000 of the general fundstate appropriation for fiscal year 2023, and $1,560,000 of the coronavirus state fiscal recovery fundfederal appropriation are provided solely for staff and contract costs to conduct activities related to the receipt, coordination, and tracking of federal funds.
Sec. 130. 2021 c 334 s 132 (uncodified) is amended to read as follows:
FOR THE OFFICE OF ADMINISTRATIVE HEARINGS
Administrative Hearings Revolving AccountState
Appropriation
. . . .
(($71,650,000))
     
$72,641,000
Administrative Hearings Revolving AccountLocal
Appropriation
. . . .
$12,000
TOTAL APPROPRIATION
. . . .
(($71,662,000))
     
$72,653,000
The appropriations in this section are subject to the following conditions and limitations:
(1) $22,346,000 of the administrative hearings revolving accountstate appropriation is provided solely for staffing to resolve unemployment insurance appeals. The funding is provided to meet the temporary increase in unemployment insurance hearing appeals, which began in fiscal year 2021, and to reduce the appeal to resolution wait time.
(2) $154,000 of the administrative hearings revolving accountstate appropriation is provided solely for implementation of Engrossed Second Substitute Senate Bill No. 5051 (peace & corrections officers). ((If the bill is not enacted by June 30, 2021, the amount provided in this subsection shall lapse.))
(3) $86,000 of the administrative hearings revolving accountstate appropriation is provided solely for implementation of chapter 2, Laws of 2021 (Engrossed Substitute Senate Bill No. 5061) (unemployment insurance). ((If the bill is not enacted by June 30, 2021, the amount provided in this subsection shall lapse.))
(4) $12,000 of the administrative hearings revolving accountstate appropriation is provided solely for implementation of Engrossed Substitute Senate Bill No. 5097 (paid leave coverage). ((If the bill is not enacted by June 30, 2021, the amount provided in this subsection shall lapse.))
(5) $150,000 of the administrative hearings revolving accountstate appropriation is provided solely for implementation of Engrossed Substitute Senate Bill No. 5172 (agricultural overtime). ((If the bill is not enacted by June 30, 2021, the amount provided in this subsection shall lapse.))
(6) $161,000 of the administrative hearings revolving accountstate appropriation is provided solely for implementation of Engrossed Second Substitute Senate Bill No. 5237 (child care and early development programs). ((If the bill is not enacted by June 30, 2021, the amount provided in this subsection shall lapse.))
(7) $19,000 of the administrative hearings revolving accountstate appropriation is provided solely for implementation of Engrossed Second Substitute House Bill No. 1073 (paid leave coverage). ((If the bill is not enacted by June 30, 2021, the amount provided in this subsection shall lapse.))
(8) $19,000 of the administrative hearings revolving accountstate appropriation is provided solely for implementation of Substitute House Bill No. 2076 (transp. network companies). If the bill is not enacted by June 30, 2022, the amount provided in this subsection shall lapse.
(9) $47,000 of the administrative hearings revolving accountstate appropriation is provided solely for implementation of Engrossed Second Substitute House Bill No. 1868 (health care staffing). If the bill is not enacted by June 30, 2022, the amount provided in this subsection shall lapse.
Sec. 131. 2021 c 334 s 133 (uncodified) is amended to read as follows:
FOR THE WASHINGTON STATE LOTTERY
Lottery Administrative AccountState Appropriation
. . . .
(($29,759,000))
     
$29,956,000
TOTAL APPROPRIATION
. . . .
(($29,759,000))
     
$29,956,000
The appropriation in this section is subject to the following conditions and limitations:
(1) No portion of this appropriation may be used for acquisition of gaming system capabilities that violate state law.
(2) Pursuant to RCW 67.70.040, the commission shall take such action necessary to reduce retail commissions to an average of 5.1 percent of sales.
Sec. 132. 2021 c 334 s 134 (uncodified) is amended to read as follows:
FOR THE COMMISSION ON HISPANIC AFFAIRS
General FundState Appropriation (FY 2022)
. . . .
(($443,000))
     
$482,000
General FundState Appropriation (FY 2023)
. . . .
(($464,000))
     
$679,000
TOTAL APPROPRIATION
. . . .
(($907,000))
     
$1,161,000
The appropriations in this section are subject to the following conditions and limitations: $40,000 of the general fundstate appropriation for fiscal year 2022 and $160,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for the commission to collaborate with the office of equity to engage a contractor to conduct a detailed analysis of the opportunity gap for Hispanic and Latinx students; develop recommendations for continuing efforts to close the educational opportunity gap while meeting the state's academic achievement indicators as identified in the state's every student succeeds act consolidated plan; and identify performance measures to monitor adequate yearly progress. The contractor shall submit a study update by December 1, 2022, and submit a final report by June 30, 2023, to the educational opportunity gap oversight and accountability committee, the governor, the superintendent of public instruction, the state board of education, and the education committees of the legislature.
Sec. 133. 2021 c 334 s 135 (uncodified) is amended to read as follows:
FOR THE COMMISSION ON AFRICAN-AMERICAN AFFAIRS
General FundState Appropriation (FY 2022)
. . . .
(($421,000))
     
$560,000
General FundState Appropriation (FY 2023)
. . . .
(($431,000))
     
$1,334,000
TOTAL APPROPRIATION
. . . .
(($852,000))
     
$1,894,000
The appropriations in this section are subject to the following conditions and limitations:
(1)(a) $100,000 of the general fundstate appropriation for fiscal year 2022 and $700,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for the commission on African American affairs to contract with a Washington state based organization that focuses on the health of African Americans to conduct a Black community health needs assessment. The assessment must include the following activities:
(i) Lead and produce a statewide community assets mapping project to identify institutions, providers, and nongovernmental organizations that contribute to or have impact on Black well-being;
(ii) Collect and organize Black community health needs data and information; and
(iii) Identify priorities for additional phases of work.
(b) By June 30, 2023, the commission shall submit a report to the legislature with findings and recommended solutions that will inform the structure and establishment of an African American health board network.
(2) $40,000 of the general fundstate appropriation for fiscal year 2022 and $160,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for the commission to collaborate with the office of equity to engage a contractor to conduct a detailed analysis of the opportunity gap for African American and Black students; develop recommendations for continuing efforts to close the educational opportunity gap while meeting the state's academic achievement indicators as identified in the state's every student succeeds act consolidated plan; and identify performance measures to monitor adequate yearly progress. The contractor shall submit a study update by December 1, 2022, and submit a final report by June 30, 2023, to the educational opportunity gap oversight and accountability committee, the governor, the superintendent of public instruction, the state board of education, and the education committees of the legislature.
Sec. 134. 2021 c 334 s 136 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF RETIREMENT SYSTEMSOPERATIONS
General FundState Appropriation (FY 2023)
. . . .
$609,000
Department of Retirement Systems Expense Account
State Appropriation
. . . .
(($71,462,000))
     
$73,175,000
TOTAL APPROPRIATION
. . . .
(($71,462,000))
     
$73,784,000
The appropriation in this section is subject to the following conditions and limitations:
(1) $6,007,000 of the department of retirement systems expense accountstate appropriation is provided solely for pension system modernization, and is subject to the conditions, limitations, and review requirements of section 701 of this act.
(2) $619,000 of the department of retirement systems expense accountstate appropriation is provided solely for implementation of Senate Bill No. 5367 (inactive retirement accounts). ((If the bill is not enacted by June 30, 2021, the amount provided in this subsection shall lapse.))
(3) $7,000 of the department of retirement systems expense accountstate appropriation is provided solely for implementation of Engrossed Second Substitute Senate Bill No. 5399 (universal health care commission). ((If the bill is not enacted by June 30, 2021, the amount provided in this subsection shall lapse.))
(4) $286,000 of the department of retirement systemsstate appropriation is provided solely for implementation of Senate Bill No. 5021 (effects of expenditure reduction). ((If the bill is not enacted by June 30, 2021, the amount provided in this subsection shall lapse.))
(5) $48,000 of the department of retirement systemsstate appropriation is provided solely for implementation of Senate Bill No. 5676 (PERS/TRS 1 benefit increase). If the bill is not enacted by June 30, 2022, the amount provided in this subsection shall lapse.
(6) $310,000 of the department of retirement systemsstate appropriation is provided solely for implementation of Engrossed Substitute House Bill No. 1699 (work in retirement/schools). If the bill is not enacted by June 30, 2022, the amount provided in this subsection shall lapse.
(7) $82,000 of the department of retirement systemsstate appropriation is provided solely for implementation of House Bill No. 1669 (PSERS disability benefits). If the bill is not enacted by June 30, 2022, the amount provided in this subsection shall lapse.
(8) $609,000 of the general fundstate appropriation for fiscal year 2023 is provided solely for implementation of Engrossed House Bill No. 1752 (deferred compensation/Roth). If the bill is not enacted by June 30, 2022, the amount provided in this subsection shall lapse.
(9) $24,000 of the department of retirement systemsstate appropriation is provided solely for implementation of House Bill No. 1804 (military service credit). If the bill is not enacted by June 30, 2022, the amount provided in this subsection shall lapse.
Sec. 135. 2021 c 334 s 137 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF REVENUE
General FundState Appropriation (FY 2022)
. . . .
(($167,182,000))
     
$172,178,000
General FundState Appropriation (FY 2023)
. . . .
(($411,796,000))
     
$377,598,000
Timber Tax Distribution AccountState Appropriation
. . . .
(($7,314,000))
     
$7,471,000
Business License AccountState Appropriation
. . . .
(($20,335,000))
     
$20,701,000
Waste Reduction, Recycling, and Litter Control
AccountState Appropriation
. . . .
(($162,000))
     
$168,000
Model Toxics Control Operating AccountState
Appropriation
. . . .
$118,000
Financial Services Regulation AccountState
Appropriation
. . . .
$5,000,000
TOTAL APPROPRIATION
. . . .
(($611,907,000))
     
$583,234,000
The appropriations in this section are subject to the following conditions and limitations:
(1) $1,056,000 of the general fundstate appropriation for fiscal year 2022 and $409,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for the department to implement 2021 revenue legislation.
(2)(a) $1,303,000 of the general fundstate appropriation for fiscal year 2022 and $1,000,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for the department to facilitate a tax structure work group, initially created within chapter 1, Laws of 2017 3rd sp. sess. (SSB 5883) and hereby reauthorized.
(b)(i) Members serving on the tax structure work group as of the effective date of this section may continue serving on the work group. Any member not wishing to continue serving on the tax structure work group must provide written notice to the work group and the vacancy must be filled as provided in (c) of this subsection.
(ii) The work group must include the following voting members:
(A) The president of the senate must appoint two members from each of the two largest caucuses of the senate;
(B) The speaker of the house of representatives must appoint two members from each of the two largest caucuses of the house of representatives; and
(C) The governor must appoint one member who represents the office of the governor.
(iii) The work group must include the following nonvoting members:
(A) One representative of the department of revenue;
(B) One representative of the association of Washington cities; and
(C) One representative of the Washington state association of counties.
(c) Elected officials not reelected to their respective offices may be relieved of their responsibilities on the tax structure work group. Vacancies on the tax structure work group must be filled within 60 days of notice of the vacancy. The work group must choose a chair or cochairs from among its legislative membership. The chair is, or cochairs are, responsible for convening the meetings of the work group no less than quarterly each year. Recommendations of the work group may be approved by a simple majority vote. All work group members may have a representative attend meetings of the tax structure work group in lieu of the member, but voting by proxy is not permitted. Staff support for the work group must be provided by the department. The department may engage one or more outside consultants to assist in providing support for the work group. Members of the work group must serve without compensation but may be reimbursed for travel expenses under RCW 44.04.120, 43.03.050, and 43.03.060.
(d) The duties of the work group are to:
(i) By December 1, 2019, convene no less than one meeting to elect a chair, or cochairs, and conduct other business of the work group;
(ii) By December 31, 2020, the department and technical advisory group must prepare a summary report of their preliminary findings and alternatives described in (f) of this subsection;
(iii) By May 31, 2021, the work group must:
(A) Hold no less than one meeting in Olympia or virtually to review the preliminary findings described in (f) of this subsection. At least one meeting must engage stakeholder groups, as described in (e)(i) of this subsection;
(B) Begin to plan strategies to engage taxpayers and key stakeholder groups to encourage participation in the public meetings described in (f) of this subsection;
(C) Present the summary report described in (d)(ii) of this subsection in compliance with RCW 43.01.036 to the appropriate committees of the legislature;
(D) Be available to deliver a presentation to the appropriate committees of the legislature including the elements described in (e)(ii) of this subsection; and
(E) Finalize the logistics of the engagement strategies described in (d)(iv) of this subsection;
(iv) After the conclusion of the 2021 legislative session, the work group must:
(A) Hold no less than five public meetings organized by geographic region (in person or online) with special consideration for regional geographies throughout the state, rural areas, and border communities;
(B) Participate in no less than 10 existing meetings of various associations, community-based organizations, nonprofits, and similar groups in order to engage low-income and middle-income taxpayers, communities of color, senior citizens, and people with disabilities;
(C) Participate in no less than 10 existing meetings of various business and agricultural associations, chambers of commerce, ports, associate development organizations, and similar groups in order to engage small, start-up, and low-margin businesses, and other businesses;
(D) Hold no less than three listening sessions in a language other than English to engage taxpayers who speak languages including, but not limited to, Spanish, Vietnamese, Russian, and Somali;
(E) Present the findings described in (f) of this subsection and alternatives to the state's current tax structure at the public meetings utilizing a range of methods that account for different learning styles including, but not limited to, written documents, videos, animations, and graphics;
(F) Provide an opportunity at the public and other meetings for taxpayers to engage in a conversation about the state tax structure including, but not limited to, providing feedback on possible recommendations for changes to the state tax structure and asking questions about the report and findings and alternatives to the state's current tax structure presented by the work group;
(G) Utilize methods to collect taxpayer feedback before, during, or after the public meetings that may include, but is not limited to: Small group discussions, in-person written surveys, in-person visual surveys, online surveys, written testimony, and public testimony;
(H) Encourage legislators to inform their constituents about the public meetings that occur within and near their legislative districts (whether in person or online);
(I) Inform local elected officials about the public meetings that occur within and near their communities (whether in person or online);
(J) Summarize the feedback that taxpayers and other stakeholders communicated during the public meetings and other public engagement methods, and submit a final summary report, in accordance with RCW 43.01.036, to the appropriate committees of the legislature. This report may be submitted as an appendix or update to the summary report described in (d)(ii) of this subsection; and
(K) To the degree it is practicable, conduct analysis of the current tax structure and proposed alternatives to estimate the impact on taxpayers, including tax paid as a share of household income for various racial and ethnic groups as reported in the most current census data available, American community survey, or other similar data sources;
(v) During the 2022 legislative session, the work group must:
(A) Present the findings and reports described in (d)(ii) of this subsection to the appropriate committees of the legislature; and
(B) Be available to deliver a presentation to or participate in a work session for the appropriate committees of the legislature, or both;
(vi) Between the conclusion of the 2022 legislative session and December 31, 2022, the work group is directed to finalize policy recommendations and develop legislation to implement modifications to the tax structure, informed by the findings described in (d)(ii) of this subsection and the feedback received from taxpayers as reflected in the report described in (d)(iv) of this subsection. Legislative proposals recommended by the work group may not collectively result in a loss of revenue to the state as compared to the November 2022 biennial revenue forecast published by the economic and revenue forecast council. In making the recommendations, the work group must be guided by the following principles for a well designed tax system: Equity, adequacy, stability, and transparency;
(vii) During the 2023 legislative session, it is the intent of the legislature to consider the proposal described in (d)(vi) of this subsection;
(viii) If the proposal is not adopted during the 2023 legislative session, the work group is directed to host no less than three public meetings to collect feedback on the legislation proposed in the 2023 session, and may also collect feedback on other proposals under consideration by the work group, subject to the availability of funds in the 2023-2025 biennial budget. The work group is directed to modify the proposal to address the feedback collected during the public meetings;
(ix) During the 2024 legislative session, it is the intent of the legislature to consider the modified proposal described in (d)(iv) of this subsection; and
(x) By December 31, 2024, subject to the availability of funds in the 2023-2025 biennial budget, the work group is directed to submit a final report that is a compilation of all other reports previously submitted since July 1, 2019, and may include additional content to summarize final activities of the tax structure work group and related legislation, in compliance with RCW 43.01.036, to the appropriate committees of the legislature.
(e)(i) The stakeholder groups referenced by (d)(iii)(A) of this subsection must include, at a minimum, organizations and individuals representing the following:
(A) Small, start-up, or low-margin business owners and employees or associations expressly dedicated to representing these businesses, or both; and
(B) Individual taxpayers with income at or below 100 percent of area median income in their county of residence or organizations expressly dedicated to representing low-income and middle-income taxpayers, or both;
(ii) The presentation referenced in (d)(iii)(D) of this subsection must include the following elements:
(A) The findings and alternatives included in the summary report described in (d)(ii) of this subsection; and
(B) The preliminary plan to engage taxpayers directly in a robust conversation about the state's tax structure, including presenting the findings described in (f) of this subsection and alternatives to the state's current tax structure, and collecting feedback to inform development of recommendations.
(f) The duties of the department, with assistance of one or more technical advisory groups, are to:
(i) With respect to the final report of findings and alternatives submitted by the Washington state tax structure study committee to the legislature under section 138, chapter 7, Laws of 2001 2nd sp. sess.:
(A) Update the data and research that informed the recommendations and other analysis contained in the final report;
(B) Estimate how much revenue all the revenue replacement alternatives recommended in the final report would have generated for the 2017-2019 fiscal biennium if the state had implemented the alternatives on January 1, 2003;
(C) Estimate the tax rates necessary to implement all recommended revenue replacement alternatives in order to achieve the revenues generated during the 2017-2019 fiscal biennium as reported by the economic and revenue forecast council;
(D) Estimate the impact on taxpayers, including tax paid as a share of household income for various income levels, and tax paid as a share of total business revenue for various business activities, for (f)(i)(B) and (C) of this subsection; and
(E) Estimate how much revenue would have been generated in the 2017-2019 fiscal biennium if the incremental revenue alternatives recommended in the final report would have been implemented on January 1, 2003, excluding any recommendations implemented before May 21, 2019;
(ii) With respect to the recommendations in the final report of the 2018 tax structure work group:
(A) Conduct economic modeling or comparable analysis of replacing the business and occupation tax with an alternative, such as corporate income tax or margins tax, and estimate the impact on taxpayers, such as tax paid as a share of total business revenue for various business activities, assuming the same revenues generated by business and occupation taxes during the 2017-2019 fiscal biennium as reported by the economic and revenue forecast council; and
(B) Estimate how much revenue would have been generated for the 2017-2019 fiscal biennium if the one percent revenue growth limit on regular property taxes was replaced with a limit based on population growth and inflation if the state had implemented this policy on January 1, 2003;
(iii) Analyze our economic competitiveness with border states:
(A) Estimate the revenues that would have been generated during the 2017-2019 fiscal biennium, had Washington adopted the tax structure of those states, assuming the economic tax base for the 2017-2019 fiscal biennium as reported by the economic and revenue forecast council; and
(B) Estimate the impact on taxpayers, including tax paid as a share of household income for various income levels, and tax paid as a share of total business revenue for various business activities for (f)(iii)(A) of this subsection;
(iv) Analyze our economic competitiveness in the context of a national and global economy, provide comparisons of the effective state and local tax rate of the tax structure during the 2017-2019 fiscal biennium and various alternatives under consideration, as they compare to other states and the federal government, as well as consider implications of recent changes to federal tax law;
(v) Conduct, to the degree it is practicable, tax incidence analysis of the various alternatives under consideration to account for the impacts of tax shifting, such as business taxes passed along to consumers and property taxes passed along to renters;
(vi) Present findings and alternatives, to the degree it is practicable, by geographic area, in addition to statewide; and
(vii) Conduct other analysis as directed by the work group.
(3) $292,000 of the general fundstate appropriation for fiscal year 2022 and $162,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for the implementation of chapter 4, Laws of 2021 (SHB 1095) (emergency assistance/tax).
(4) $212,000 of the general fundstate appropriation for fiscal year 2022 and $33,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for implementation of Engrossed Second Substitute House Bill No. 1477 (national 988 system). ((If the bill is not enacted by June 30, 2021, the amounts provided in this subsection shall lapse.))
(5) $213,000 of the general fundstate appropriation for fiscal year 2022 and $55,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for the implementation of Second Substitute Senate Bill No. 5000 (hydrogen/electric vehicles). ((If the bill is not enacted by June 30, 2021, the amounts provided in this subsection shall lapse.))
(6) $2,489,000 of the general fundstate appropriation for fiscal year 2022 and $4,189,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for the implementation of Engrossed Substitute Senate Bill No. 5096 (capital gains tax). ((If the bill is not enacted by June 30, 2021, the amounts provided in this subsection shall lapse.))
(7) $100,000 of the general fundstate appropriation for fiscal year 2022 and $11,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for the implementation of Engrossed Senate Bill No. 5220 (salmon recovery grants/tax). ((If the bill is not enacted by June 30, 2021, the amounts provided in this subsection shall lapse.))
(8) $7,000 of the general fundstate appropriation for fiscal year 2022 is provided solely for the implementation of Engrossed Substitute Senate Bill No. 5251 (tax and revenue laws). ((If the bill is not enacted by June 30, 2021, the amount provided in this subsection shall lapse.))
(9) $115,000 of the general fundstate appropriation for fiscal year 2022 and $44,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for the implementation of Second Substitute Senate Bill No. 5396 (farmworker housing/tax). ((If the bill is not enacted by June 30, 2021, the amounts provided in this subsection shall lapse.))
(10) $97,000 of the general fundstate appropriation for fiscal year 2022 is provided solely for implementation of Engrossed Second Substitute House Bill No. 1480 (liquor licensee privileges). ((If the bill is not enacted by June 30, 2021, the amount provided in this subsection shall lapse.))
(11) $4,000 of the general fundstate appropriation for fiscal year 2022 is provided solely for the implementation of Engrossed Senate Bill No. 5454 (prop. tax/natural disasters). ((If the bill is not enacted by June 30, 2021, the amount provided in this subsection shall lapse.))
(12) (($5,467,000))$5,567,000 of the general fundstate appropriation for fiscal year 2022 and (($255,513,000))$214,997,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for implementation of Engrossed Substitute House Bill No. 1297 (working families tax exempt.). ((If the bill is not enacted by June 30, 2021, the amounts provided in this subsection shall lapse.)) Of the total amounts provided in this subsection:
(a) (($5,467,000))$5,567,000 of the general fundstate appropriation for fiscal year 2022 and (($13,513,000))$13,997,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for administration of the working families tax exemption program; and
(b) (($242,000,000))$201,000,000 of the general fundstate appropriation for fiscal year 2023 is provided solely for remittances under the working families tax exemption program.
(13) From within the department's administrative expenditures from the unclaimed personal property account, the department must provide a report by December 1, 2022, to the governor and the legislature on the unclaimed property program. The report must include:
(a) Annual data for the years 2012 through 2022, that includes:
(i) The number of items of unclaimed property received by the program and the number of holders of unclaimed property who submitted items to the program; and
(ii) The top 10 holders who submitted unclaimed property and the percentage of those holders' submissions that have been subsequently claimed;
(b) Historic data since the inception of the program that shows:
(i) The cumulative number of all unclaimed property items and the aggregate, median, and mean value of those items at the end of each calendar year;
(ii) The annual number of unclaimed property items valued at less than $75 and the percentage of these items for which the department made contact with a claimant that year; and
(iii) The annual number of direct mail contacts to prospective claimants made by the department and the resulting number of claims made within the following three months; and
(c) Customer service data for the period of December 1, 2020, through December 1, 2022, that includes:
(i) The average length of time between a claim was filed and when it was paid;
(ii) The number and percentage of claims initiated online but not able to be paid to the claimant and the reasons, by percentage, for the failure to successfully pay the claim; and
(iii) The monthly website traffic for the unclaimed property website.
(14) $397,000 of the general fundstate appropriation for fiscal year 2022 and $934,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for the department to implement 2022 revenue legislation.
(15) $146,000 of the general fundstate appropriation for fiscal year 2023 is provided solely for implementation of Substitute House Bill No. 2076 (transp. network companies). If the bill is not enacted by June 30, 2022, the amount provided in this subsection shall lapse.
(16) $66,000 of the general fundstate appropriation for fiscal year 2023 is provided solely for implementation of House Bill No. 1928 (equine industry support). If the bill is not enacted by June 30, 2022, the amount provided in this subsection shall lapse.
(17) $237,000 of the general fundstate appropriation for fiscal year 2023 is provided solely for implementation of Substitute House Bill No. 2099 (tax penalties). If the bill is not enacted by June 30, 2022, the amount provided in this subsection shall lapse.
(18) $16,000 of the general fundstate appropriation for fiscal year 2023 is provided solely for implementation of House Bill No. 1765 (health benefit ex./B&O tax). If the bill is not enacted by June 30, 2022, the amount provided in this subsection shall lapse.
(19) $129,000 of the general fundstate appropriation for fiscal year 2022 and $37,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for implementation of Substitute House Bill No. 1988 (clean tech. tax deferrals). If the bill is not enacted by June 30, 2022, the amounts provided in this subsection shall lapse.
(20) $97,000 of the general fundstate appropriation for fiscal year 2022 is provided solely for implementation of House Bill No. 1990 (SR 167 & I-405 tax deferral). If the bill is not enacted by June 30, 2022, the amount provided in this subsection shall lapse.
Sec. 136. 2021 c 334 s 138 (uncodified) is amended to read as follows:
FOR THE BOARD OF TAX APPEALS
General FundState Appropriation (FY 2022)
. . . .
(($2,631,000))
     
$2,620,000
General FundState Appropriation (FY 2023)
. . . .
(($2,652,000))
     
$2,640,000
TOTAL APPROPRIATION
. . . .
(($5,283,000))
     
$5,260,000
Sec. 137. 2021 c 334 s 139 (uncodified) is amended to read as follows:
FOR THE OFFICE OF MINORITY AND WOMEN'S BUSINESS ENTERPRISES
General FundState Appropriation (FY 2022)
. . . .
(($1,975,000))
     
$1,993,000
General FundState Appropriation (FY 2023)
. . . .
(($1,564,000))
     
$1,974,000
Minority and Women's Business Enterprises Account
State Appropriation
. . . .
(($4,607,000))
     
$4,726,000
TOTAL APPROPRIATION
. . . .
(($8,146,000))
     
$8,693,000
The appropriations in this section are subject to the following conditions and limitations:
(1) The office of minority and women's business enterprises shall consult with the Washington state office of equity on the Washington state toolkit for equity in public spending.
(2) $135,000 of the general fundstate appropriation for fiscal year 2022 is provided solely for the implementation of Senate Bill No. 5032 (alternative public works contracting procedures). ((If the bill is not enacted by June 30, 2021, the amount provided in this subsection shall lapse.))
(3) $851,000 of the general fundstate appropriation for fiscal year 2022 and $675,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for the implementation of Substitute House Bill No. 1259 (women and minority contracting). ((If the bill is not enacted by June 30, 2021, the amounts provided in this subsection shall lapse.))
Sec. 138. 2021 c 334 s 140 (uncodified) is amended to read as follows:
FOR THE INSURANCE COMMISSIONER
General FundFederal Appropriation
. . . .
(($4,633,000))
     
$4,661,000
Insurance Commissioner's Regulatory AccountState
Appropriation
. . . .
(($66,336,000))
     
$69,446,000
Insurance Commissioner's Fraud AccountState
Appropriation
. . . .
(($3,603,000))
     
$3,604,000
TOTAL APPROPRIATION
. . . .
(($74,572,000))
     
$77,711,000
The appropriations in this section are subject to the following conditions and limitations:
(1) $234,000 of the insurance commissioner's regulatory accountstate appropriation is provided solely to implement Second Substitute Senate Bill No. 5315 (captive insurance). ((If the bill is not enacted by June 30, 2021, the amount provided in this subsection shall lapse.))
(2) $64,000 of the insurance commissioner's regulatory accountstate appropriation is provided solely to implement Second Substitute Senate Bill No. 5313 (health ins. discrimination). ((If the bill is not enacted by June 30, 2021, the amount provided in this subsection shall lapse.))
(3) $24,000 of the insurance commissioner's regulatory accountstate appropriation is provided solely to implement Engrossed Second Substitute Senate Bill No. 5399 (universal health care commission). ((If the bill is not enacted by June 30, 2021, the amount provided in this subsection shall lapse.))
(4) $3,000 of the insurance commissioner's regulatory accountstate appropriation is provided solely to implement Engrossed Second Substitute Senate Bill No. 5377 (standardized health plans). ((If the bill is not enacted by June 30, 2021, the amount provided in this subsection shall lapse.))
(5) $649,000 of the insurance commissioner's regulatory accountstate appropriation is provided solely to implement Engrossed Substitute House Bill No. 1196 (audio-only telemedicine). ((If the bill is not enacted by June 30, 2021, the amount provided in this subsection shall lapse.))
(6) $83,000 of the insurance commissioner's regulatory accountstate appropriation is provided solely to implement Substitute Senate Bill No. 5003 (living donor act). ((If the bill is not enacted by June 30, 2021, the amount provided in this subsection shall lapse.))
(7)(a) $75,000 of the insurance commissioner's regulatory accountstate appropriation is provided solely for a service utilization, cost, and implementation analysis of requiring coverage for the hearing instruments benefit described in House Bill No. 1047 (hearing instruments/children) for children who are 18 years of age or younger and for children and adults.
(b) The commissioner must contract with one or more consultants to:
(i) Obtain projected utilization and cost data from Washington state health carriers for health plans, as defined in RCW 48.43.005, to provide an estimate of aggregate statewide utilization and cost impacts of the coverage described in House Bill No. 1047 (hearing instruments/children) separately for children who are 18 years of age or younger and for children and adults, expressed as total annual cost and as a per member per month cost;
(ii) Assess the impact of federal and state health care nondiscrimination laws on the scope of the benefit described in House Bill No. 1047 (hearing instruments/children); and
(iii) Provide recommendations for distributing state payments to defray the cost of the benefit coverage described in House Bill No. 1047 (hearing instruments/children) for health carriers.
(c) The commissioner must report the findings of the analysis to the appropriate committees of the legislature by December 15, 2021.
(8)(a) $200,000 of the insurance commissioner's regulatory accountstate appropriation is provided solely for the commissioner, in consultation with the health care authority, to complete an analysis of the cost to implement a fertility treatment benefit as described in the department of health's December 2021 mandated benefit sunrise review.
(b) The commissioner must contract with one or more consultants to obtain utilization and cost data from Washington state health carriers, as defined in RCW 48.43.005, necessary to provide an estimate of the fiscal impact of providing a fertility treatment benefit for the commercial health plan market.
(c) The analysis must include, but is not limited to, a utilization and cost analysis of each of the following services:
(i) Infertility diagnosis;
(ii) Fertility medications;
(iii) Intrauterine insemination;
(iv) In vitro fertilization; and
(v) Egg freezing.
(d) The report should include projected costs expressed both as total annual costs and per member per month costs for plan years 2024 through 2027.
(e) The commissioner must report the findings of the analysis to the governor and appropriate committees of the legislature by June 30, 2023.
(9)(a) $200,000 of the insurance commissioner's regulatory accountstate appropriation is provided solely for a contract for an actuarial study to assess options for enhancing consumer protections, expanding access to coverage, and accompanying regulations regarding medicare supplemental insurance as defined in RCW 48.66.020. The study shall evaluate, but is not limited to, the following:
(i) For at least the most recent three years for which data is available, the total number of Washington state residents enrolled in medicare, broken down by those who are enrolled in:
(A) Traditional medicare fee-for-service only;
(B) Medicare supplemental insurance plans;
(C) Medicare advantage plans; and
(D) Medicaid and will turn age 65 during the public health emergency with respect to the coronavirus disease 2019 (COVID-19);
(ii) A demographic breakdown of the age, gender, racial, ethnic, and geographic characteristics of the individuals listed in (a)(i) of this subsection. For those younger than age 65, the breakdown should separate those eligible as a result of disability and end-stage renal disease status. The commissioner may include additional demographic factors;
(iii) The estimated impact on premiums, enrollment, and increased access for individuals listed in (a)(i)(A) and (B) of this subsection if the state were to have an annual open enrollment period during which medicare supplemental insurance was guaranteed issue, including separate estimates for expanding coverage to include those eligible for medicare and younger than age 65;
(iv) The estimated impact on premiums, enrollment, and increased access for individuals in (a)(i)(A) and (B) of this subsection if medicare supplemental insurance was guaranteed issue throughout the year, including separate estimates for expanding coverage to include those eligible for medicare and younger than age 65;
(v) The net cost impact to consumers and any other affected parties of the options outlined in (a)(iii) and (iv) of this subsection;
(vi) An analysis of other factors that impact access and premiums for medicare-eligible individuals; and
(vii) A review of medicare supplemental insurance policy protections in other states and their impact on premiums and enrollment in these policies.
(b) By November 15, 2022, the insurance commissioner shall submit a report to the appropriate committees of the legislature with the findings of the study.
(c) The contract recipient for the actuarial study must have:
(i) A comprehensive view of the medicare supplement industry and industry expertise developed from:
(A) Consulting for a diverse group of medicare supplement stakeholders; and
(B) Working directly for insurers issuing medicare supplemental plans; and
(ii) Access to data and expertise necessary to support the study and alternative projections.
(10) $250,000 of the insurance commissioner's regulatory accountstate appropriation is provided solely for the commissioner to contract for an assessment of federal and state authorities to provide recommendations on creating a legal framework within which continuing care retirement community products under chapter 18.390 RCW may achieve heightened consumer protections through shared regulatory oversight by the office of the insurance commissioner. The commissioner must submit a report on the assessment and recommendations to the health care committees of the legislature by December 1, 2022.
(11) $218,000 of the insurance commissioner's regulatory accountstate appropriation is provided solely to implement Engrossed Substitute House Bill No. 1821 (telemedicine/relationship). If the bill is not enacted by June 30, 2022, the amount provided in this subsection shall lapse.
(12) $199,000 of the insurance commissioner's regulatory accountstate appropriation is provided solely to implement Second Substitute House Bill No. 1865 (certified peer specialists). If the bill is not enacted by June 30, 2022, the amount provided in this subsection shall lapse.
(13) $442,000 of the insurance commissioner's regulatory accountstate appropriation is provided solely to implement Engrossed Second Substitute House Bill No. 1688 (out-of-network health care). If the bill is not enacted by June 30, 2022, the amount provided in this subsection shall lapse.
(14) $43,000 of the insurance commissioner's regulatory accountstate appropriation is provided solely to implement Substitute House Bill No. 1389 (peer-to-peer vehicle sharing). If the bill is not enacted by June 30, 2022, the amount provided in this subsection shall lapse.
(15) $167,000 of the insurance commissioner's regulatory accountstate appropriation is provided solely to implement Engrossed Substitute House Bill No. 1813 (pharmacy choice). If the bill is not enacted by June 30, 2022, the amount provided in this subsection shall lapse.
(16) $24,000 of the insurance commissioner's regulatory accountstate appropriation is provided solely to implement House Bill No. 1651 (postpartum contraception). If the bill is not enacted by June 30, 2022, the amount provided in this subsection shall lapse.
Sec. 139. 2021 c 334 s 141 (uncodified) is amended to read as follows:
FOR THE STATE INVESTMENT BOARD
State Investment Board Expense AccountState
Appropriation
. . . .
(($65,134,000))
     
$68,730,000
TOTAL APPROPRIATION
. . . .
(($65,134,000))
     
$68,730,000
The appropriation in this section is subject to the following conditions and limitations:
(1) $4,464,000 of the state investment board expense accountstate appropriation is provided solely for investment data software, and is subject to the conditions, limitations, and review requirements of section 701 of this act.
(2) During the 2021-2023 fiscal biennium, the Washington state investment board shall provide the law enforcement officers' and firefighters' plan 2 retirement board use of the investment board main conference room. The law enforcement officers' and firefighters' plan 2 retirement board must be allowed to use the board room for at least five hours on one day per month during regular business hours. Any additional direct costs incurred by the investment board due solely to the use of the conference room by the retirement board may be reimbursed by the law enforcement officers' and firefighters' plan 2 retirement board, consistent with any investment board policies on reimbursement for this facility applied to other major clients and investment partners.
Sec. 140. 2021 c 334 s 142 (uncodified) is amended to read as follows:
FOR THE LIQUOR AND CANNABIS BOARD
General FundState Appropriation (FY 2022)
. . . .
(($388,000))
     
$406,000
General FundState Appropriation (FY 2023)
. . . .
(($417,000))
     
$435,000
General FundFederal Appropriation
. . . .
(($3,013,000))
     
$3,047,000
General FundPrivate/Local Appropriation
. . . .
$75,000
Dedicated Marijuana AccountState Appropriation
(FY 2022)
. . . .
(($11,575,000))
     
$11,814,000
Dedicated Marijuana AccountState Appropriation
(FY 2023)
. . . .
(($11,608,000))
     
$12,183,000
Liquor Revolving AccountState Appropriation
. . . .
(($82,347,000))
     
$97,333,000
TOTAL APPROPRIATION
. . . .
(($109,423,000))
     
$125,293,000
The appropriations in this section are subject to the following conditions and limitations:
(1) The liquor and cannabis board may require electronic payment of the marijuana excise tax levied by RCW 69.50.535. The liquor and cannabis board may allow a waiver to the electronic payment requirement for good cause as provided by rule.
(2) Of the liquor revolving accountstate appropriation, (($4,939,000 for fiscal year 2022 and $2,065,000 for fiscal year 2023 are))$20,754,000 is provided solely for the modernization of regulatory systems and are subject to the conditions, limitations, and review requirements of section 701 of this act.
(3) $1,441,000 of the liquor revolving accountstate appropriation is provided solely for the implementation of chapter 48, Laws of 2021 (E2SHB 1480) (liquor licensee privileges).
(4) $58,000 of the liquor revolving accountstate appropriation is provided solely for the implementation of chapter 6, Laws of 2021 (ESSB 5272) (liquor & cannabis board fees).
(5) $38,000 of the dedicated marijuana accountstate appropriation for fiscal year 2022 is provided solely to implement Engrossed Substitute House Bill No. 1443 (cannabis industry/equity). ((If the bill is not enacted by June 30, 2021, the amount provided in this section shall lapse.))
(6) $316,000 of the dedicated marijuana accountstate appropriation for fiscal year 2023 is provided solely for implementing House Bill No. 1859 (cannabis analysis labs). If the bill is not enacted by June 30, 2022, the amount provided in this section shall lapse.
(7) $20,000 of the dedicated marijuana accountstate appropriation for fiscal year 2023 is provided solely for implementing Second Substitute House Bill No. 1210 (cannabis terminology). If the bill is not enacted by June 30, 2022, the amount provided in this section shall lapse.
(8) The appropriations in this section include sufficient funding for implementation of Third Substitute House Bill No. 1359 (liquor license fees).
Sec. 141. 2021 c 334 s 143 (uncodified) is amended to read as follows:
FOR THE UTILITIES AND TRANSPORTATION COMMISSION
General FundState Appropriation (FY 2022)
. . . .
(($251,000))
     
$515,000
General FundState Appropriation (FY 2023)
. . . .
(($199,000))
     
$1,438,000
General FundPrivate/Local Appropriation
. . . .
(($16,591,000))
     
$8,296,000
Public Service Revolving AccountState Appropriation
. . . .
(($42,430,000))
     
$43,199,000
Public Service Revolving AccountFederal
Appropriation
. . . .
$100,000
Pipeline Safety AccountState Appropriation
. . . .
(($3,435,000))
     
$3,486,000
Pipeline Safety AccountFederal Appropriation
. . . .
(($3,140,000))
     
$3,200,000
TOTAL APPROPRIATION
. . . .
(($66,146,000))
     
$60,234,000
The appropriations in this section are subject to the following conditions and limitations:
(1) Up to $800,000 of the public service revolving accountstate appropriation in this section is for the utilities and transportation commission to supplement funds committed by a telecommunications company to expand rural broadband service on behalf of an eligible governmental entity. The amount in this subsection represents payments collected by the utilities and transportation commission pursuant to the Qwest performance assurance plan.
(2) $137,000 of the public service revolving accountstate appropriation is provided solely for the implementation of Engrossed Second Substitute Senate Bill No. 5126 (climate commitment act). ((If the bill is not enacted by June 30, 2021, the amount provided in this subsection shall lapse.))
(3) $179,000 of the public service revolving accountstate appropriation is provided solely for the implementation of Engrossed Substitute Senate Bill No. 5295 (gas & electric rates). ((If the bill is not enacted by June 30, 2021, the amount provided in this subsection shall lapse.))
(4)(a) $251,000 of the general fundstate appropriation for fiscal year 2022 and $199,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for the commission to examine feasible and practical pathways for investor-owned electric and natural gas utilities to contribute their share to greenhouse gas emissions reductions as described in RCW 70A.45.020, and the impacts of energy decarbonization on residential and commercial customers and the electrical and natural gas utilities that serve them.
(b) The examination required in (a) of this subsection must identify and consider:
(i) How natural gas utilities can decarbonize;
(ii) The impacts of increased electrification on the ability of electric utilities to deliver services to current natural gas customers reliably and affordably;
(iii) The ability of electric utilities to procure and deliver electric power to reliably meet that load;
(iv) The impact on regional electric system resource adequacy, and the transmission and distribution infrastructure requirements for such a transition;
(v) The costs and benefits to residential and commercial customers, including environmental, health, and economic benefits;
(vi) Equity considerations and impacts to low-income customers and highly impacted communities; and
(vii) Potential regulatory policy changes to facilitate decarbonization of the services that gas companies provide while ensuring customer rates are fair, just, reasonable, and sufficient.
(c) The commission may require data and analysis from investor-owned natural gas and electric utilities, and consumer owned utilities may submit data to the commission to inform the investigation. The results of the examination must be reported to the appropriate legislative committees by June 1, 2023.
(5) $76,000 of the public service revolving accountstate appropriation is provided solely to implement Engrossed Third Substitute House Bill No. 1091 (transportation fuel/carbon). ((If the bill is not enacted by June 30, 2021, the amounts provided in this subsection shall lapse.))
(6) $36,000 of the public service revolving accountstate appropriation is provided solely for the implementation of Substitute House Bill No. 1114 (urban heat island mitigation). ((If the bill is not enacted by June 30, 2021, the amount provided in this subsection shall lapse.))
(7) $668,000 of the general fundstate appropriation for fiscal year 2023 is provided solely for implementation of Engrossed Second Substitute House Bill No. 1723 (digital equity act). If the bill is not enacted by June 30, 2022, the amount provided in this subsection shall lapse.
(8) $435,000 of the general fundstate appropriation for fiscal year 2023 is provided solely for implementation of Substitute House Bill No. 1850 (digital privacy). If the bill is not enacted by June 30, 2022, the amount provided in this subsection shall lapse.
Sec. 142. 2021 c 334 s 144 (uncodified) is amended to read as follows:
FOR THE MILITARY DEPARTMENT
General FundState Appropriation (FY 2022)
. . . .
(($10,500,000))
     
$11,108,000
General FundState Appropriation (FY 2023)
. . . .
(($9,502,000))
     
$11,588,000
General FundFederal Appropriation
. . . .
(($120,157,000))
     
$131,775,000
Enhanced 911 AccountState Appropriation
. . . .
(($53,834,000))
     
$53,945,000
Disaster Response AccountState Appropriation
. . . .
(($42,370,000))
     
$69,399,000
Disaster Response AccountFederal Appropriation
. . . .
(($920,106,000))
     
$1,068,821,000
Military Department Rent and Lease AccountState
Appropriation
. . . .
$994,000
Military Department Active State Service Account
State Appropriation
. . . .
$400,000
Oil Spill Prevention AccountState Appropriation
. . . .
$1,040,000
Worker and Community Right to Know FundState
Appropriation
. . . .
(($1,832,000))
     
$1,882,000
TOTAL APPROPRIATION
. . . .
(($1,160,735,000))
     
$1,350,952,000
The appropriations in this section are subject to the following conditions and limitations:
(1) The military department shall submit a report to the office of financial management and the legislative fiscal committees by February 1st and October 31st of each year detailing information on the disaster response account, including: (a) The amount and type of deposits into the account; (b) the current available fund balance as of the reporting date; and (c) the projected fund balance at the end of the 2021-2023 biennium based on current revenue and expenditure patterns.
(2) $40,000,000 of the general fund—federal appropriation is provided solely for homeland security, subject to the following conditions: Any communications equipment purchased by local jurisdictions or state agencies shall be consistent with standards set by the Washington state interoperability executive committee.
(3) $11,000,000 of the enhanced 911 accountstate appropriation is provided solely for financial assistance to counties.
(4) $784,000 of the disaster response accountstate appropriation is provided solely for fire suppression training, equipment, and supporting costs to national guard soldiers and airmen.
(5) $200,000 of the military department rental and lease accountstate appropriation is provided solely for maintenance staff.
(6) $1,000,000 of the general fundstate appropriation for fiscal year 2022 is provided solely for grants to assist eligible individuals and families with the purchase of household appliances. The maximum grant to an eligible individual or household is $2,500. Grants will be awarded on a first-come, first-serve basis subject to availability of amounts provided in this subsection. For purposes of this subsection, "household appliance" means a machine that assists with household functions such as cooking, cleaning and food preservation. To be eligible, an individual or family must:
(a) Be a resident of Douglas, Okanogan, Pierce, or Whitman county;
(b) Have suffered damage to their home or was displaced from a rental unit used as their primary residence due to a wildfire occurring in fiscal year 2021;
(c) Not have or have inadequate private insurance to cover the cost of household appliance replacement;
(d) Not qualify for individual assistance through the federal emergency management agency; and
(e) Meet one of the following criteria:
(i) Is disabled;
(ii) Has a household income equal to or less than 80 percent of county median household income;
(iii) The home qualified for the property tax exemption program in RCW 84.36.379 through 84.36.389; or
(iv) The home qualified for the property tax deferral program in chapter 84.38 RCW.
(7) $2,136,000 of the general fundfederal appropriation (ARPA) is provided solely for the department to administer the emergency management performance grants according to federal laws and guidelines.
(8) $3,808,000 of the disaster response accountstate appropriation and $46,039,000 of the disaster response accountfederal appropriation are provided solely for agency costs for acquiring personal protective equipment as listed in LEAP omnibus document 2021-FEMA PPE, dated April 24, 2021. The department must coordinate with the agencies who have costs listed in LEAP omnibus document 2021-FEMA PPE, dated April 24, 2021, to ensure application to the federal emergency management agency for reimbursement.
(9)(a) $251,000 of the general fundstate appropriation for fiscal year 2022 and (($250,000))$350,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for the military department to facilitate a task force to conduct a comprehensive after-action review of the statewide pandemic response and recovery.
(b) The task force is composed of the following members:
(i) One member from each of the two largest caucuses of the senate, appointed by the president of the senate;
(ii) One member from each of the two largest caucuses of the house of representatives, appointed by the speaker of the house of representatives;
(iii) The secretary of the department of health, or the secretary's designee;
(iv) The adjutant general of the military department, or the adjutant general's designee;
(v) The commissioner of the employment security department, or the commissioner's designee;
(vi) The director of the department of financial institutions, or the director's designee;
(vii) The insurance commissioner, or the commissioner's designee;
(viii) The secretary of the department of social and health services, or the secretary's designee;
(ix) The superintendent of public instruction, or the superintendent's designee;
(x) The director of the department of labor and industries, or the director's designee;
(xi) The director of the department of commerce, or the director's designee;
(xii) The director of the department of enterprise services, or the director's designee;
(xiii) The secretary of the department of transportation, or the secretary's designee;
(xiv) The director of the department of licensing, or the director's designee;
(xv) The director of the office of financial management, or the director's designee;
(xvi) The director of the health care authority, or the director's designee;
(xvii) The executive director of the pharmacy quality assurance commission, or the executive director's designee;
(xviii) One member representing the Washington association of sheriffs and police chiefs;
(xix) One member representing the association of Washington businesses; and
(xx) Additional members to be appointed by the governor, as follows:
(A) One member representing the office of the governor;
(B) One member representing the association of Washington cities;
(C) One member representing the Washington state association of counties;
(D) One member representing emergency and transitional housing providers;
(E) One member representing a statewide association representing physicians;
(F) One member representing a statewide association representing nurses;
(G) One member representing a statewide association representing hospitals;
(H) One member representing community health centers;
(I) Two members representing local public health officials;
(J) Two members representing local emergency management agencies, one member located west of the crest of the Cascade mountains and one member located east of the crest of the Cascade mountains;
(K) At least one member representing federally recognized tribes;
(L) Up to 10 members representing demographic groups that have been disproportionately impacted by the COVID-19 pandemic, that include, but are not limited to, individuals of different race, class, gender, ethnicity, and immigration status;
(M) One member representing leisure and hospitality industries;
(N) One member representing education services; and
(O) One member representing manufacturing and trade industries.
(c) The adjutant general, or the adjutant general's designee, and the secretary of the department of health, or the secretary's designee, shall cochair the task force and convene its initial meeting.
(d)(i) The task force shall conduct the comprehensive after-action review of the COVID-19 pandemic response in accordance with established national standards for emergency or disaster after-action reviews. In order to improve the response to and recovery from future pandemics, the task force shall develop lessons learned and make recommendations that include, but are not limited to, the following:
(A) Aspects of the COVID-19 response that may inform future pandemic and all-hazards responses;
(B) Emergency responses that would benefit the business community and workers during a pandemic;
(C) Standards regarding flexible rent and repayment plans for residential and commercial tenants during a pandemic;
(D) Whether establishing regional emergency management agencies would benefit Washington state emergency response to future pandemics;
(E) Gaps and needs for volunteers to support medical professionals in performing their pandemic emergency response functions within Washington state;
(F) Gaps and needs for tools to measure the scale of an impact caused by a pandemic and tailoring the pandemic response to affected regions based on the scale of the impact in those regions;
(G) Gaps and needs in health care system capacity and case tracking, monitoring, control, isolation and quarantine, and deploying medical supplies and personnel; and
(H) Implementing guidelines for school closures during a pandemic.
(ii) The topics identified in (i) of this subsection (((7)))(9)(d) are intended to be illustrative but not exhaustive. The task force should consider issues relating to equity, disparities, and discrimination in each topic it studies and for which it makes recommendations.
(e) The military department must provide staff support for the task force. The military department may employ staff and contracted support to fulfill the requirements of this subsection.
(f) The task force shall consult with owners of small businesses, epidemiologists, and representatives of immigrant communities.
(g) Legislative members of the task force are reimbursed for travel expenses in accordance with RCW 44.04.120. Nonlegislative members shall be reimbursed for travel expenses in accordance with chapter 43.03 RCW.
(h) The task force shall report its initial findings and recommendations to the governor and the appropriate committees of the legislature by June 30, 2022. The task force shall report its final findings and recommendations to the governor and the appropriate committees of the legislature by June 30, 2023.
(10)(a) Within amounts appropriated in this act, the department must coordinate with the department of commerce in the administration of the grant program created in section 129(88) of this act.
(b) If the federal emergency management agency provides reimbursement for any portion of the costs incurred by a city or county that were paid for using state grant funding provided under section 129(88) of this act, the military department shall remit the reimbursed funds to the state general fund.
(c) The department must provide technical assistance for the public assistance program application process to applicants to the grant program created in section 129(88) of this act.
(11) $438,000 of the disaster response accountstate appropriation is provided solely for a dedicated access and functional needs program manager, access and functional need services, and a dedicated tribal liaison to assist with disaster preparedness and response.
(12) $2,238,000 of the disaster response accountstate appropriation is provided solely for implementation of Substitute House Bill No. 1620 (extreme weather events). If the bill is not enacted by June 30, 2022, the amount provided in this subsection shall lapse.
Sec. 143. 2021 c 334 s 145 (uncodified) is amended to read as follows:
FOR THE PUBLIC EMPLOYMENT RELATIONS COMMISSION
General FundState Appropriation (FY 2022)
. . . .
(($2,401,000))
     
$2,403,000
General FundState Appropriation (FY 2023)
. . . .
(($2,371,000))
     
$2,374,000
Personnel Service AccountState Appropriation
. . . .
(($4,382,000))
     
$4,387,000
Higher Education Personnel Services AccountState
Appropriation
. . . .
$1,407,000
TOTAL APPROPRIATION
. . . .
(($10,561,000))
     
$10,571,000
The appropriations in this section are subject to the following conditions and limitations: $52,000 of the general fundstate appropriation for fiscal year 2022 and $5,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for the implementation of Substitute Senate Bill No. 5055 (law enforcement grievances). ((If the bill is not enacted by June 30, 2021, the amounts provided in this subsection shall lapse.))
Sec. 144. 2021 c 334 s 146 (uncodified) is amended to read as follows:
FOR THE BOARD OF ACCOUNTANCY
Certified Public Accountants' AccountState
Appropriation
. . . .
(($4,438,000))
     
$4,441,000
TOTAL APPROPRIATION
. . . .
(($4,438,000))
     
$4,441,000
Sec. 145. 2021 c 334 s 147 (uncodified) is amended to read as follows:
FOR THE BOARD FOR VOLUNTEER FIREFIGHTERS
Volunteer Firefighters' and Reserve Officers'
Administrative AccountState Appropriation
. . . .
(($4,960,000))
     
$4,962,000
TOTAL APPROPRIATION
. . . .
(($4,960,000))
     
$4,962,000
The appropriation in this section is subject to the following conditions and limitations: $3,930,000 of the volunteer firefighters' and reserve officers' administrative account—state appropriation is provided solely for a benefits management system, and is subject to the conditions, limitations, and review requirements of section 701 of this act.
Sec. 146. 2021 c 334 s 148 (uncodified) is amended to read as follows:
FOR THE FORENSIC INVESTIGATION COUNCIL
Death Investigations AccountState Appropriation
. . . .
$753,000
TOTAL APPROPRIATION
. . . .
$753,000
The appropriation in this section is subject to the following conditions and limitations:
(1)(a) $250,000 of the death investigations accountstate appropriation is provided solely for providing financial assistance to local jurisdictions in multiple death investigations. The forensic investigation council shall develop criteria for awarding these funds for multiple death investigations involving an unanticipated, extraordinary, and catastrophic event or those involving multiple jurisdictions.
(b) Of the amounts provided in this subsection, $30,000 of the death investigations accountstate appropriation is provided solely for the Adams county crime lab to investigate a double homicide that occurred in fiscal year 2021.
(2) $210,000 of the death investigations accountstate appropriation is provided solely for providing financial assistance to local jurisdictions in identifying human remains.
(3) Within the amount appropriated in this section, the forensic investigation council may enter into an interagency agreement with the department of enterprise services for the department to provide services related to public records requests, to include responding to, or assisting the council in responding to, public disclosure requests received by the council.
Sec. 147. 2021 c 334 s 149 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF ENTERPRISE SERVICES
General FundState Appropriation (FY 2022)
. . . .
(($5,976,000))
     
$7,249,000
General FundState Appropriation (FY 2023)
. . . .
(($5,833,000))
     
$11,020,000
General FundPrivate/Local Appropriation
. . . .
$102,000
Building Code Council AccountState Appropriation
. . . .
(($1,825,000))
     
$2,256,000
TOTAL APPROPRIATION
. . . .
(($13,736,000))
     
$20,627,000
The appropriations in this section are subject to the following conditions and limitations:
(1) (($5,208,000))$6,158,000 of the general fund—state appropriation for fiscal year 2022 and (($5,269,000))$6,131,000 of the general fund—state appropriation for fiscal year 2023 are provided solely for the payment of facilities and services charges to include campus rent, ((utilities,)) parking, security, and contracts, public and historic facilities charges, and capital projects surcharges allocable to the senate, house of representatives, statute law committee, legislative support services, and joint legislative systems committee. The department shall allocate charges attributable to these agencies among the affected revolving funds. The department shall maintain an interagency agreement with these agencies to establish performance standards, prioritization of preservation and capital improvement projects, and quality assurance provisions for the delivery of services under this subsection. The legislative agencies named in this subsection shall continue to enjoy all of the same rights of occupancy and space use on the capitol campus as historically established.
(2) Before any agency may purchase a passenger motor vehicle as defined in RCW 43.19.560, the agency must have written approval from the director of the department of enterprise services. Agencies that are exempted from the requirement are the Washington state patrol, Washington state department of transportation, and the department of natural resources.
(3) From the fee charged to master contract vendors, the department shall transfer to the office of minority and women's business enterprises in equal monthly installments $1,500,000 in fiscal year 2022 and $1,300,000 in fiscal year 2023.
(4) Within existing resources, beginning October 31, 2021, the department, in collaboration with consolidated technology services, must provide a report to the governor and fiscal committees of the legislative by October 31 of each calendar year that reflects information technology contract information based on a contract snapshot from June 30 of that same calendar year, and must also include any contract that was active since July 1 of the previous calendar year. The department will coordinate to receive contract information for all contracts to include those where the department has delegated authority so that the report includes statewide contract information. The report must contain a list of all information technology contracts to include the agency name, contract number, vendor name, contract term start and end dates, contract dollar amount in total, and contract dollar amounts by state fiscal year. The report must also include, by contract, the contract spending projections by state fiscal year for each ensuing state fiscal year through the contract term, and note the type of service delivered. The list of contracts must be provided electronically in Excel and be sortable by all field requirements. The report must also include trend analytics on information technology contracts, and recommendations for reducing costs where possible.
(5) $162,000 of the general fundstate appropriation in fiscal year 2022 and $162,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for the department to waive rent fees and charges through June 30, 2023, for vendors who are blind business enterprise program licensees by the department of services for the blind and who lease space and operate food service businesses, inclusive of delis, cafeterias, and espresso stands, in state government buildings.
(6) Within existing resources, the state building code council, in collaboration with the LGBTQ commission, must develop a plan to incorporate into future Washington state building codes options for the design and construction of inclusive bathroom facilities that are consistent with a person's own gender expression or gender identity. Coordination must begin by September 1, 2021, and a preliminary report of the plan is due by September 1, 2022.
(7)(a) The department must work with the office of financial management to identify leases that will be up for renewal effective July 1, 2022, through June 30, 2024.
(b) The department must collaborate with the office of financial management on reduction in leased office space by agency for fiscal years 2024 and 2025.
(8)(a) The department must work collaboratively with at least each state agency that has fleet vehicles to discuss the agency need for the number of fleet vehicles each agency has as of July 1, 2021. The department must identify and report, at least:
(i) The count of fleet vehicles by agency by type, and the cost by fund source by fiscal year for fiscal year 2019, 2020, 2021, 2022, and 2023 for agency fleet vehicles;
(ii) The mileage data by agency by fleet vehicle for fiscal year 2019, 2020, and 2021, and the estimates for fiscal year 2022 and 2023; and
(iii) The business justification for the amount of fleet vehicles in fiscal year 2022 and 2023, by agency, given the change in business practice from in-person to remote work and video conferencing that began in 2020.
(b) The department must submit the report to fiscal and appropriate policy committees of the legislature by December 1, 2021.
(9)(a) The department must examine the motor pool fleet to determine the need for the number of vehicles. The department must identify, at least:
(i) The count of motor pool vehicles by type;
(ii) The cost recovery needed by fiscal year for fiscal year 2021, 2022, and 2023. This must include the anticipated recovery by fund source by fiscal year for fiscal year 2021, 2022, and 2023;
(iii) The mileage data by motor pool vehicle for fiscal year 2019, 2020, and 2021, and the estimates for 2022 and 2023; and
(iv) The business justification for the amount of motor vehicles in fiscal year 2022 and 2023, given the change in business practice from in-person to remote work and video conferencing.
(b) The department must report to fiscal and appropriate policy committees of the legislature by December 1, 2021.
(10) $69,000 of the building code council accountstate appropriation is provided solely for implementation of Engrossed Substitute House Bill No. 1184 (risk-based water quality standards). ((If the bill is not enacted by June 30, 2021, the amount provided in this subsection shall lapse.))
(11) $81,000 of the general fundstate appropriation for fiscal year 2022 and $270,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for implementation of Engrossed Substitute House Bill No. 1770 (energy codes). If the bill is not enacted by June 30, 2022, the amounts provided in this subsection shall lapse.
Sec. 148. 2021 c 334 s 150 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF ARCHAEOLOGY AND HISTORIC PRESERVATION
General FundState Appropriation (FY 2022)
. . . .
(($2,736,000))
     
$2,717,000
General FundState Appropriation (FY 2023)
. . . .
(($2,779,000))
     
$4,027,000
General FundFederal Appropriation
. . . .
(($2,948,000))
     
$3,308,000
General FundPrivate/Local Appropriation
. . . .
$14,000
TOTAL APPROPRIATION
. . . .
(($8,477,000))
     
$10,066,000
The appropriations in this section are subject to the following conditions and limitations:
(1) $103,000 of the general fund—state appropriation for fiscal year 2022 and $103,000 of the general fund—state appropriation for fiscal year 2023 are provided solely for archaeological determinations and excavations of inadvertently discovered skeletal human remains, and removal and reinterment of such remains when necessary.
(2) $500,000 of the general fundstate appropriation for fiscal year 2022 and $550,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for the Washington main street program, including $150,000 of the general fundstate appropriation for fiscal year 2022 and $200,000 of the general fundstate appropriation for fiscal year 2023 provided solely for a pilot project grant program for affiliate main street programs. From the amount provided in this subsection, the department may provide grants of up to $40,000 to the affiliate main street programs for staffing costs, capacity building, and other costs associated with establishing a local nonprofit organization focused solely on downtown revitalization. The department must prioritize affiliate main street programs in locations with a population under 20,000.
(3) $92,000 of the general fundstate appropriation for fiscal year 2023 is provided solely for the department of archeology and historic preservation to conduct a comprehensive study, jointly with the department of licensing, to review the definition of a cemetery, examine current protections and oversight authority, and provide recommendations for future protections and oversight authority of cemeteries in Washington state. The department may solicit input for the analysis from representatives of interested parties to include, but not be limited to, cities, counties, tribes, and law enforcement. The departments shall submit the study to the legislature by December 31, 2022.
(4) $150,000 of the general fundstate appropriation for fiscal year 2023 is provided solely for the department to develop a trial mapping project that will result in information that state and local planners may use to make land use and transportation decisions through an equity lens. The department may use funding provided in this subsection to:
(a) Engage with marginalized communities and other relevant stakeholders to prioritize locations included in the trial mapping project;
(b) Create and publish documentation of historic places and buildings included in current cultural resources practice framework; and
(c) Make available geographic information system data that is compatible across state and local government mapping platforms.
(5) $2,000 of the general fundstate appropriation for fiscal year 2022 and $48,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for the department to collaborate with Black and African American communities across the state to record important historic properties. The department may use funding provided in this subsection to:
(a) Use maps and engage stakeholders in the Black and African American communities to locate geographic areas where Black and African Americans lived and worked before the year 1970;
(b) Engage with Black and African American communities and stakeholders to identify places that are of historic significance;
(c) Add documentation to the department's state database of historic properties; and
(d) Create outreach products to inform and educate the public on the historic properties.
(6) $300,000 of the general fundstate appropriation for fiscal year 2023 is provided solely for the Washington main street program to contract with a marketing consultant to conduct a statewide "shop local and save" marketing campaign to notify and draw consumers to local main street businesses during a three-day sales tax holiday contingent upon passage of House Bill No. 2018 (sales tax holiday). From the amount provided in this subsection, the department shall prioritize marketing efforts that reach the largest number of consumers in Washington state. If the bill is not enacted by June 30, 2022, the amount provided in this subsection shall lapse.
(7) $98,000 of the general fundstate appropriation for fiscal year 2023 is provided solely for implementation of Engrossed Substitute House Bill No. 1753 (climate funding/tribes). If the bill is not enacted by June 30, 2022, the amount in this subsection shall lapse.
Sec. 149. 2021 c 334 s 151 (uncodified) is amended to read as follows:
FOR THE CONSOLIDATED TECHNOLOGY SERVICES AGENCY
General FundState Appropriation (FY 2022)
. . . .
$581,000
General FundState Appropriation (FY 2023)
. . . .
(($531,000))
     
$546,000
Consolidated Technology Services Revolving Account
State Appropriation
. . . .
(($53,030,000))
     
$65,297,000
TOTAL APPROPRIATION
. . . .
(($54,142,000))
     
$66,424,000
The appropriations in this section are subject to the following conditions and limitations:
(1) (($11,623,000))$11,598,000 of the consolidated technology services revolving accountstate appropriation is provided solely for the office of the chief information officer. Of this amount:
(a) $2,000,000 of the consolidated technology services revolving accountstate appropriation is provided solely for experienced information technology project managers to provide critical support to agency IT projects that are under oversight from the office of the chief information officer. The staff or vendors will:
(i) Provide master level project management guidance to agency IT stakeholders;
(ii) Consider statewide best practices from the public and private sectors, independent review and analysis, vendor management, budget and timing quality assurance and other support of current or past IT projects in at least Washington state and share these with agency IT stakeholders and legislative fiscal staff at least ((quarterly))twice annually and post these to the statewide IT dashboard; and
(iii) Provide independent recommendations to legislative fiscal committees by December of each calendar year on oversight of IT projects to include opportunities for accountability and performance metrics.
(b) $2,960,000 of the consolidated technology services revolving accountstate appropriation is provided solely for the office of privacy and data protection.
(2) (($12,393,000))$12,168,000 of the consolidated technology services revolving accountstate appropriation is provided solely for the office of cyber security.
(3) The consolidated technology services agency shall work with customer agencies using the Washington state electronic records vault (WASERV) to identify opportunities to:
(a) Reduce storage volumes and costs associated with vault records stored beyond the agencies' record retention schedules; and
(b) Assess a customized service charge as defined in chapter 304, Laws of 2017 for costs of using WASERV to prepare data compilations in response to public records requests.
(4)(a) In conjunction with the office of the chief information officer's prioritization of proposed information technology expenditures, agency budget requests for proposed information technology expenditures must include the following:
(i) The agency's priority ranking of each information technology request;
(ii) The estimated cost by fiscal year and by fund for the current biennium;
(iii) The estimated cost by fiscal year and by fund for the ensuing biennium;
(iv) The estimated total cost for the current and ensuing biennium;
(v) The total cost by fiscal year, by fund, and in total, of the information technology project since it began;
(vi) The estimated cost by fiscal year and by fund over all biennia through implementation and close out and into maintenance and operations;
(vii) The estimated cost by fiscal year and by fund for service level agreements once the project is implemented;
(viii) The estimated cost by fiscal year and by fund for agency staffing for maintenance and operations once the project is implemented; and
(ix) The expected fiscal year when the agency expects to complete the request.
(b) The office of the chief information officer and the office of financial management may request agencies to include additional information on proposed information technology expenditure requests.
(5) The consolidated technology services agency must not increase fees charged for existing services without prior approval by the office of financial management. The agency may develop fees to recover the actual cost of new infrastructure to support increased use of cloud technologies.
(6) Within existing resources, the agency must provide oversight of state procurement and contracting for information technology goods and services by the department of enterprise services.
(7) Within existing resources, the agency must host, administer, and support the state employee directory in an online format to provide public employee contact information.
(8) The health care authority, the health benefit exchange, the department of social and health services, the department of health, and the department of children, youth, and families shall work together within existing resources to establish the health and human services enterprise coalition (the coalition). The coalition, led by the health care authority, must be a multi-organization collaborative that provides strategic direction and federal funding guidance for projects that have cross-organizational or enterprise impact, including information technology projects that affect organizations within the coalition. The office of the chief information officer shall maintain a statewide perspective when collaborating with the coalition to ensure that the development of projects ((identified in this report))undertaken by the coalition are planned for in a manner that ensures the efficient use of state resources, supports the adoption of a cohesive technology and data architecture, and maximizes federal financial participation. The work of the coalition and any project identified as a coalition project is subject to the conditions, limitations, and review provided in section 701 of this act.
(9) (($4,303,000))$4,330,000 of the consolidated technology services revolving accountstate appropriation is provided solely for the creation and ongoing delivery of information technology services tailored to the needs of small agencies. The scope of services must include, at a minimum, full-service desktop support, service assistance, security, and consultation.
(10) $23,150,000 of the consolidated technology services revolving accountstate appropriation is provided solely for the procurement and distribution of Microsoft 365 licenses which must include advanced security features and cloud-based private branch exchange capabilities for state agencies. The office must report annually to fiscal committees of the legislature beginning December 31, 2021, and each December 31 thereafter, on the count and type of licenses distributed by consolidated technology services to each state agency. The report must also separately report on the count and type of Microsoft 365 licenses that state agencies have in addition to those that are distributed by consolidated technology services so that the total count, type of license, and cost is known for statewide Microsoft 365 licenses.
(11)(a) The statewide information technology dashboard elements must include, at a minimum, the:
(i) Start date of the project;
(ii) End date of the project, when the project will close out and implementation will commence;
(iii) Term of the project in state fiscal years across all biennia to reflect the start of the project through the end of the project;
(iv) Total project cost from start date through the end date of the project in total dollars, and a subtotal of near general fund outlook;
(v) Near general fund outlook budget and actual spending in total dollars and by fiscal month for central service agencies that bill out project costs;
(vi) Start date of maintenance and operations;
(vii) Estimated annual state fiscal year cost of maintenance and operations after implementation and close out;
(viii) Actual spending by state fiscal year and in total for state fiscal years that have closed;
(ix) Date a feasibility study was completed; and
(x) A list of funding received by fiscal year by enacted session law, and how much was received citing chapter law as a list of funding provided by fiscal year.
(b) The office of the chief information officer may recommend additional elements to include but must have agreement with legislative fiscal committees and the office of financial management prior to including additional elements.
(c) The agency must ensure timely posting of project data on the statewide information technology dashboard for at least each project funded in the budget and under oversight to include, at a minimum, posting on the dashboard:
(i) The budget funded level by project for each project under oversight within 30 calendar days of the budget being signed into law;
(ii) The project historical expenditures through fiscal year 2021, by December 31, 2021, for all projects that started prior to July 1, 2021;
(iii) The project historical expenditures through fiscal year 2022, by December 31, 2022, for all projects that started prior to July 1, 2022; and
(iv) Whether each project has completed a feasibility study.
(12) Within existing resources, consolidated technology services must collaborate with the department of enterprise services on the annual contract report that provides information technology contract information. Consolidated technology services will:
(a) Provide ((Apptio)) data to the department of enterprise services annually beginning September 1, 2021, and each September 1 of each year; and
(b) Provide analysis on contract information for all agencies comparing spending across state fiscal years by, at least, the contract spending towers.
(13) (($129,000 of the consolidated technology services revolving account—state appropriation is provided solely for implementation of Second Substitute Senate Bill No. 5062 (data). If the bill is not enacted by June 30, 2021, the amount provided in this subsection shall lapse.
(14))) $12,000 of the general fundstate appropriation for fiscal year 2022 is provided solely for the office of the chief information officer who must convene a work group to examine how automated decision making systems can best be reviewed before adoption and while in operation and be periodically audited to ensure that such systems are fair, transparent, accountable and do not improperly advantage or disadvantage Washington residents.
(a) The work group must be composed of:
(i) A representative of the department of children, youth, and families;
(ii) A representative of the department of corrections;
(iii) A representative of the department of social and health services;
(iv) A representative of the department of enterprise services;
(v) At least two representatives from universities or research institutions who are experts in the design and effect of an algorithmic system; and
(vi) At least five representatives from advocacy organizations that represent communities that are disproportionately vulnerable to being harmed by algorithmic bias, including but not limited to, African American, Hispanic American, Native American, and Asian American communities, religious minorities, people with disabilities, and other vulnerable communities.
(b) The purpose of the work group is to develop recommendations for changes in state law and policy regarding the development, procurement, and use of automated decision systems by public agencies. The work group must examine:
(i) When state agency use of automated decision making systems should be prohibited;
(ii) When state agency use of artificial intelligence-enabled profiling systems should be prohibited;
(iii) Changes in the procurement of automated decision systems, including when the procurement must receive prior approval by the office of chief information officer;
(iv) How to review, identify, and audit systems to ensure that the system prior to procurement and after placed into service does not discriminate against an individual, or treat an individual less favorably than another, in whole or in part, on the basis of one or more factors enumerated in RCW 49.60.010;
(v) How to provide public notice when an automated decision system is in use and how to appeal such decisions;
(vi) How automated decision system data should be stored and whether such data should be shared outside the system; and
(vii) Other issues determined by the office of chief information officer or the department of enterprise services that are necessary to govern state agency procurement and use of automated decision systems.
(c) To demonstrate the impacts of its recommendations, the work group must select one of following automated decision making systems and describe how their implementation would affect the procurement of a new system and the use the existing system:
(i) The department of children, youth, and families system used to determine risk in the family child welfare system;
(ii) The department of corrections system used to determine risk for purposes of evaluating early release and/or sentencing; or
(iii) The department of social and health services system used for hospital admissions.
(d) The work group shall meet at least four times, or more frequently to accomplish its work. The office of the chief information officer must lead the work group. Each of the state agencies identified in (a) of this subsection must provide staff support to the work group and its activities.
(e) The work group must submit a report to the fiscal committees of the legislature and the governor no later than December 1, 2021.
(f) For purposes of this subsection, "automated decision system" or "system" means any algorithm, including one incorporating machine learning or other artificial intelligence techniques, that uses data-based analysis or calculations to make or support government decisions, judgments, or conclusions that cause a Washington resident to be treated differently than another Washington resident in the nature or amount of governmental interaction with that individual including, without limitation, benefits, protections, required payments, penalties, regulations, timing, application, or process requirements.
(((15)))(14) $81,000 of the consolidated technology services revolving accountstate appropriation is provided solely for implementation of Engrossed Second Substitute House Bill No. 1274 (cloud computing solutions). ((If the bill is not enacted by June 30, 2021, the amount provided in this subsection shall lapse.
(16)))(15)(a) $381,000 of the general fundstate appropriation for fiscal year 2022 and $343,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for the office of the chief information officer to provide a common platform for hosting existing state data on natural hazards risks into a comprehensive, multihazard, statewide, geospatial data portal to assist with state hazard risk and resilience mapping and analysis. In performing this work, the office of the chief information officer will:
(i) Coordinate with the state emergency management division, office of the insurance commissioner, University of Washington climate impacts group and Washington sea grant, Washington State University water research center, and the state departments of ecology, health, natural resources, and transportation on the project scope, user needs, and deliverables;
(ii) Organize data in standardized and compatible formats including temporal data, where able; and
(iii) Address credentialing for secure access to protect sensitive data needed for risk analyses.
(b) By December 1, 2022, in consultation with the governor's office and the other agencies listed above, the office of the chief information officer will provide a progress report to the relevant legislative committees on the development of the platform and data sharing agreements.
(c) By June 1, 2023, in consultation with the governor's office and the other agencies listed above, the office of the chief information officer will provide a final report with recommendations for further enhancing natural hazards resiliency by using data to inform the development of a statewide resilience strategy.
(d) This subsection is subject to the conditions, limitations, and review of section 701 of this act.
(((17)))(16) $1,493,000 of the consolidated technology services revolving accountstate appropriation is provided solely for implementation of Engrossed Substitute Senate Bill No. 5432 (cybersecurity/state gov.). ((If the bill is not enacted by June 30, 2021, the amount provided in this subsection shall lapse.))
(17) $4,333,000 of the consolidated technology services revolving accountstate appropriation is provided solely for the continued implementation of the enterprise cloud computing program and the recommendations of the Washington state cloud readiness report.
(18) $2,375,000 of the consolidated technology services revolving accountstate appropriation is provided solely for the implementation of the recommendations of the cloud transition task force report.
(19) $15,000 of the general fundstate appropriation for fiscal year 2023 and $5,650,000 of the consolidated technology services revolving accountstate appropriation are provided solely for implementation of Second Substitute House Bill No. 2044 (ransomware protection). If the bill is not enacted by June 30, 2022, the amounts provided in this subsection shall lapse.
Sec. 150. 2021 c 334 s 152 (uncodified) is amended to read as follows:
FOR THE BOARD OF REGISTRATION OF PROFESSIONAL ENGINEERS AND LAND SURVEYORS
Professional Engineers' AccountState Appropriation
. . . .
(($4,190,000))
     
$4,193,000
TOTAL APPROPRIATION
. . . .
(($4,190,000))
     
$4,193,000
NEW SECTION.  Sec. 151. A new section is added to 2021 c 334 (uncodified) to read as follows:
FOR THE DEPARTMENT OF FINANCIAL INSTITUTIONS
Financial Services Regulation Nonappropriated
AccountState Appropriation
. . . .
$140,000
TOTAL APPROPRIATION
. . . .
$140,000
The appropriation in this section is subject to the following conditions and limitations: The entire appropriation is provided solely for the department of financial institutions to conduct a survey of foreclosure trustees doing business in the state of Washington for owner-occupied residential real property between January 1, 2017, and December 31, 2019.
(1) The survey must include:
(a) The name and place of business of the trustee, its owner, and any affiliated firms or businesses that do business in Washington;
(b) The number of notices of trustee sale filed each year for each beneficiary;
(c) Templates without personally identifiable information of all notices sent to borrowers within the survey period; and
(d) Samples of service contracts between the trustee and each beneficiary.
(2) By January 1, 2023, the department of financial institutions shall submit a report to the legislature on the results of the survey and include a discussion of the regulation of foreclosure trustees in Washington's nonjudicial foreclosure system.
NEW SECTION.  Sec. 152. A new section is added to 2021 c 334 (uncodified) to read as follows:
FOR THE HORSE RACING COMMISSION
Washington Equine Industry Reinvestment AccountState
Appropriation
. . . .
$5,100,000
TOTAL APPROPRIATION
. . . .
$5,100,000
The appropriation in this section is subject to the following conditions and limitations: $5,100,000 of the WA equine industry reinvestment accountstate appropriation is provided solely for implementation of House Bill No. 1928 (equine industry support). If the bill is not enacted by June 30, 2022, the amount appropriated in this section shall lapse.
(End of part)
PART II
HUMAN SERVICES
Sec. 201. 2021 c 334 s 201 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF SOCIAL AND HEALTH SERVICES
(1) The appropriations to the department of social and health services in this act shall be expended for the programs and in the amounts specified in this act. Appropriations made in this act to the department of social and health services shall initially be allotted as required by this act. Subsequent allotment modifications shall not include transfers of moneys between sections of this act except as expressly provided in this act, nor shall allotment modifications permit moneys that are provided solely for a specified purpose to be used for other than that purpose.
(2) The department of social and health services shall not initiate any services that require expenditure of state general fund moneys unless expressly authorized in this act or other law. The department may seek, receive, and spend, under RCW 43.79.260 through 43.79.282, federal moneys not anticipated in this act as long as the federal funding does not require expenditure of state moneys for the program in excess of amounts anticipated in this act. If the department receives unanticipated unrestricted federal moneys, those moneys shall be spent for services authorized in this act or in any other legislation providing appropriation authority, and an equal amount of appropriated state general fund moneys shall lapse. Upon the lapsing of any moneys under this subsection, the office of financial management shall notify the legislative fiscal committees. As used in this subsection, "unrestricted federal moneys" includes block grants and other funds that federal law does not require to be spent on specifically defined projects or matched on a formula basis by state funds.
(3) The legislature finds that medicaid payment rates, as calculated by the department pursuant to the appropriations in this act, bear a reasonable relationship to the costs incurred by efficiently and economically operated facilities for providing quality services and will be sufficient to enlist enough providers so that care and services are available to the extent that such care and services are available to the general population in the geographic area. The legislature finds that cost reports, payment data from the federal government, historical utilization, economic data, and clinical input constitute reliable data upon which to determine the payment rates.
(4) The department shall to the maximum extent practicable use the same system for delivery of spoken-language interpreter services for social services appointments as the one established for medical appointments in the health care authority. When contracting directly with an individual to deliver spoken language interpreter services, the department shall only contract with language access providers who are working at a location in the state and who are state-certified or state-authorized, except that when such a provider is not available, the department may use a language access provider who meets other certifications or standards deemed to meet state standards, including interpreters in other states.
(5) Information technology projects or investments and proposed projects or investments impacting time capture, payroll and payment processes and systems, eligibility, case management, and authorization systems within the department of social and health services are subject to technical oversight by the office of the chief information officer.
(6)(a) The department shall facilitate enrollment under the medicaid expansion for clients applying for or receiving state funded services from the department and its contractors. Prior to open enrollment, the department shall coordinate with the health care authority to provide referrals to the Washington health benefit exchange for clients that will be ineligible for medicaid.
(b) To facilitate a single point of entry across public and medical assistance programs, and to maximize the use of federal funding, the health care authority, the department of social and health services, and the health benefit exchange will coordinate efforts to expand HealthPlanfinder access to public assistance and medical eligibility staff. The department shall complete medicaid applications in the HealthPlanfinder for households receiving or applying for public assistance benefits.
(7) The health care authority, the health benefit exchange, the department of social and health services, the department of health, and the department of children, youth, and families shall work together within existing resources to establish the health and human services enterprise coalition (the coalition). The coalition, led by the health care authority, must be a multi-organization collaborative that provides strategic direction and federal funding guidance for projects that have cross-organizational or enterprise impact, including information technology projects that affect organizations within the coalition. The office of the chief information officer shall maintain a statewide perspective when collaborating with the coalition to ensure that projects are planned for in a manner that ensures the efficient use of state resources, supports the adoption of a cohesive technology and data architecture, and maximizes federal financial participation. The work of the coalition is subject to the conditions, limitations, and review provided in section 701 of this act.
(8)(a) The appropriations to the department of social and health services in this act must be expended for the programs and in the amounts specified in this act. However, after May 1, 2022, unless prohibited by this act, the department may transfer general fundstate appropriations for fiscal year 2022 among programs and subprograms after approval by the director of the office of financial management. However, the department may not transfer state appropriations that are provided solely for a specified purpose except as expressly provided in (b) of this subsection.
(b) To the extent that transfers under (a) of this subsection are insufficient to fund actual expenditures in excess of fiscal year 2022 in response to the COVID-19 pandemic or caseload forecasts and utilization assumptions in the long-term care, developmental disabilities, and public assistance programs, the department may transfer state appropriations that are provided solely for a specified purpose. The department may not transfer funds, and the director of the office of financial management may not approve the transfer, unless the transfer is consistent with the objective of conserving, to the maximum extent possible, the expenditure of state funds. The director of the office of financial management shall notify the appropriate fiscal committees of the legislature in writing seven days prior to approving any allotment modifications or transfers under this subsection. The written notification shall include a narrative explanation and justification of the changes, along with expenditures and allotments by budget unit and appropriation, both before and after any allotment modifications or transfers.
Sec. 202. 2021 c 334 s 202 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF SOCIAL AND HEALTH SERVICESMENTAL HEALTH PROGRAM
(1) INSTITUTIONAL SERVICES
General FundState Appropriation (FY 2022)
. . . .
(($435,890,000))
     
$407,086,000
General FundState Appropriation (FY 2023)
. . . .
(($436,264,000))
     
$457,666,000
General FundFederal Appropriation
. . . .
(($142,531,000))
     
$145,817,000
General FundPrivate/Local Appropriation
. . . .
(($21,540,000))
     
$15,528,000
TOTAL APPROPRIATION
. . . .
(($1,036,225,000))
     
$1,026,097,000
The appropriations in this subsection are subject to the following conditions and limitations:
(a) The state psychiatric hospitals may use funds appropriated in this subsection to purchase goods, services, and supplies through hospital group purchasing organizations when it is cost-effective to do so.
(b) $311,000 of the general fund—state appropriation for fiscal year 2022 and $310,000 of the general fund—state appropriation for fiscal year 2023 are provided solely for a community partnership between western state hospital and the city of Lakewood to support community policing efforts in the Lakewood community surrounding western state hospital. The amounts provided in this subsection (1)(b) are for the salaries, benefits, supplies, and equipment for one full-time investigator, one full-time police officer, and one full-time community service officer at the city of Lakewood. The department must collect data from the city of Lakewood on the use of the funds and the number of calls responded to by the community policing program and submit a report with this information to the office of financial management and the appropriate fiscal committees of the legislature each December of the fiscal biennium.
(c) $45,000 of the general fund—state appropriation for fiscal year 2022 and $45,000 of the general fund—state appropriation for fiscal year 2023 are provided solely for payment to the city of Lakewood for police services provided by the city at western state hospital and adjacent areas.
(d) $19,000 of the general fundstate appropriation for fiscal year 2022 and $19,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for payment to the city of Medical Lake for police services provided by the city at eastern state hospital and adjacent areas.
(e) $135,000 of the general fund—state appropriation for fiscal year 2022 and $135,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for the department to maintain an on-site safety compliance officer, stationed at Western State Hospital, to provide oversight and accountability of the hospital's response to safety concerns regarding the hospital's work environment.
(f) $100,000 of the general fundstate appropriation for fiscal year 2022 and $100,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for the department to track compliance with RCW 71.05.365 requirements for transition of state hospital patients into community settings within fourteen days of the determination that they no longer require active psychiatric treatment at an inpatient level of care. The department must use these funds to track the following elements related to this requirement: (i) The date on which an individual is determined to no longer require active psychiatric treatment at an inpatient level of care; (ii) the date on which the behavioral health entities and other organizations responsible for resource management services for the person is notified of this determination; and (iii) the date on which either the individual is transitioned to the community or has been re-evaluated and determined to again require active psychiatric treatment at an inpatient level of care. The department must provide this information in regular intervals to behavioral health entities and other organizations responsible for resource management services. The department must summarize the information and provide a report to the office of financial management and the appropriate committees of the legislature on progress toward meeting the fourteen day standard by December 1, 2021, and December 1, 2022.
(g) $250,000 of the general fundstate appropriation for fiscal year 2022 and $250,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for the department, in collaboration with the health care authority, to develop and implement a predictive modeling tool which identifies clients who are at high risk of future involvement with the criminal justice system and for developing a model to estimate demand for civil and forensic state hospital bed needs pursuant to the following requirements.
(i) By the first day of each December during the biennium, the department, in coordination with the health care authority, must submit a report to the office of financial management and the appropriate committees of the legislature which summarizes how the predictive modeling tool has been implemented and includes the following: (A) The numbers of individuals identified by the tool as having a high risk of future criminal justice involvement; (B) the method and frequency for which the department is providing lists of high-risk clients to contracted managed care organizations and behavioral health administrative services organizations; (C) a summary of how the managed care organizations and behavioral health administrative services organizations are utilizing the data to improve the coordination of care for the identified individuals; and (D) a summary of the administrative data to identify whether implementation of the tool is resulting in increased access and service levels and lower recidivism rates for high-risk clients at the state and regional level.
(ii) The department must provide staff support for the forensic and long-term civil commitment bed forecast which must be conducted under the direction of the office of financial management. The forecast methodology, updates, and methodology changes must be conducted in coordination with staff from the department, the health care authority, the office of financial management, and the appropriate fiscal committees of the state legislature. The model shall incorporate factors for capacity in state hospitals as well as contracted facilities, which provide similar levels of care, referral patterns, wait lists, lengths of stay, and other factors identified as appropriate for estimating the number of beds needed to meet the demand for civil and forensic state hospital services. Factors should include identification of need for the services and analysis of the effect of community investments in behavioral health services and other types of beds that may reduce the need for long-term civil commitment needs. The forecast must be updated each February, June, and November during the biennium and the department must submit a report to the legislature and the appropriate committees of the legislature summarizing the updated forecast based on the caseload forecast council's schedule for entitlement program forecasts.
(h) $5,049,000 of the general fundstate appropriation for fiscal year 2022 and $5,075,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for the phase-in of the settlement agreement under Trueblood, et al. v. Department of Social and Health Services, et al., United States District Court for the Western District of Washington, Cause No. 14-cv-01178-MJP. The department, in collaboration with the health care authority and the criminal justice training commission, must implement the provisions of the settlement agreement pursuant to the timeline and implementation plan provided for under the settlement agreement. This includes implementing provisions related to competency evaluations, competency restoration, forensic navigators, crisis diversion and supports, education and training, and workforce development.
(i) $7,147,000 of the general fundstate appropriation for fiscal year 2022 and $7,147,000 of the general fundstate appropriation for fiscal year 2023 are provided solely to maintain implementation of efforts to improve the timeliness of competency evaluation services for individuals who are in local jails pursuant to chapter 5, Laws of 2015 (timeliness of competency treatment and evaluation services). This funding must be used solely to maintain increases in the number of competency evaluators that began in fiscal year 2016 pursuant to the settlement agreement under Trueblood, et al. v. Department of Social and Health Services, et al., United States District Court for the Western District of Washington, Cause No. 14-cv-01178-MJP.
(j) $71,690,000 of the general fundstate appropriation for fiscal year 2022, $77,825,000 of the general fundstate appropriation for fiscal year 2023, and $2,541,000 of the general fundfederal appropriation are provided solely for implementation of efforts to improve the timeliness of competency restoration services pursuant to chapter 5, Laws of 2015 (timeliness of competency treatment and evaluation services) and the settlement agreement under Trueblood, et al. v. Department of Social and Health Services, et al., United States District Court for the Western District of Washington, Cause No. 14-cv-01178-MJP. These amounts must be used to maintain increases that were implemented between fiscal year 2016 and fiscal year 2021, and further increase the number of forensic beds at western state hospital during the 2021-2023 fiscal biennium. Pursuant to chapter 7, Laws of 2015 1st sp. sess. (timeliness of competency treatment and evaluation services), the department may contract some of these amounts for services at alternative locations if the secretary determines that there is a need.
(k) $76,029,000 of the general fundstate appropriation for fiscal year 2022 and (($59,784,000))$65,875,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for the department to continue to implement an acuity based staffing tool at western state hospital and eastern state hospital in collaboration with the hospital staffing committees. The staffing tool must be used to identify, on a daily basis, the clinical acuity on each patient ward and determine the minimum level of direct care staff by profession to be deployed to meet the needs of the patients on each ward. The department must evaluate interrater reliability of the tool within each hospital and between the two hospitals. The department must also continue to update, in collaboration with the office of financial management's labor relations office, the staffing committees, and state labor unions, an overall state hospital staffing plan that looks at all positions and functions of the facilities.
(i) Within the amounts provided in this section, the department must establish, monitor, track, and report monthly staffing and expenditures at the state hospitals, including overtime and use of locums, to the functional categories identified in the recommended staffing plan. The allotments and tracking of staffing and expenditures must include all areas of the state hospitals, must be done at the ward level, and must include contracted facilities providing forensic restoration services as well as the office of forensic mental health services.
(ii) By December 1, 2021, and December 1, 2022, the department must submit reports to the office of financial management and the appropriate committees of the legislature that provide a comparison of monthly spending, staffing levels, overtime, and use of locums for the prior year compared to allotments and to the recommended state hospital staffing model. The format for these reports must be developed in consultation with staff from the office of financial management and the appropriate committees of the legislature. The reports must include a summary of the results of the evaluation of the interrater reliability in use of the staffing acuity tool and an update from the hospital staffing committees.
(iii) Monthly staffing levels and related expenditures at the state hospitals must not exceed official allotments without prior written approval from the director of the office of financial management. In the event the director of the office of financial management approves an increase in monthly staffing levels and expenditures beyond what is budgeted, notice must be provided to the appropriate committees of the legislature within 30 days of such approval. The notice must identify the reason for the authorization to exceed budgeted staffing levels and the time frame for the authorization. Extensions of authorizations under this subsection must also be submitted to the director of the office of financial management for written approval in advance of the expiration of an authorization. The office of financial management must notify the appropriate committees of the legislature of any extensions of authorizations granted under this subsection within 30 days of granting such authorizations and identify the reason and time frame for the extension.
(l) (($10,581,000))$4,681,000 of the general fundstate appropriation for fiscal year 2022 and $10,581,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for the department to implement strategies to improve patient and staff safety at eastern and western state hospitals. These amounts must be used for continuing to implement a new intensive care model program at western state hospital and maintaining prior investments in training and other safety-related staff support at both hospitals. A report must be submitted by December 1, 2021, and December 1, 2022, which includes a description of the ((intensive care model being implemented))safety or violence reduction strategy, a profile of the types of patients being served ((at the program)), the staffing model being used ((for the program)), and outcomes associated with ((the program))each strategy. The outcomes section should include tracking data on facility-wide metrics related to patient and staff safety as well as individual outcomes related to the patients served ((on the unit)).
(m) $2,593,000 of the general fundstate appropriation for fiscal year 2022 and $2,593,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for the department to increase services to patients found not guilty by reason of insanity under the Ross v. Laswhay settlement agreement.
(n) Within the amounts provided in this subsection, the department must develop and submit an annual state hospital performance report for eastern and western state hospitals. Each measure included in the performance report must include baseline performance data, agency performance targets, and performance for the most recent fiscal year. The performance report must include a one page dashboard as well as charts for each fiscal and quality of care measure broken out by hospital and including but not limited to (i) monthly FTE expenditures compared to allotments; (ii) monthly dollar expenditures compared to allotments; (iii) monthly FTE expenditures per thousand patient bed days; (iv) monthly dollar expenditures per thousand patient bed days; (v) percentage of FTE expenditures for overtime; (vi) average length of stay by category of patient; (vii) average monthly civil wait list; (viii) average monthly forensic wait list; (ix) rate of staff assaults per thousand patient bed days; (x) rate of patient assaults per thousand patient bed days; (xi) average number of days to release after a patient has been determined to be clinically ready for discharge; and (xii) average monthly vacancy rates for key clinical positions. The department must submit the state hospital performance report to the office of financial management and the appropriate committees of the legislature by the first day of each December of the biennium.
(o) (($3,846,000))$3,773,000 of the general fundstate appropriation for fiscal year 2022, (($3,846,000))$4,040,000 of the general fundstate appropriation for fiscal year 2023, and (($7,692,000))$4,573,000 of the general fundfederal appropriation are provided solely to open a new unit at the child study treatment center which shall serve up to 18 children.
(p) (($2,941,000))$124,000 of the general fundstate appropriation for fiscal year 2023 ((and $2,941,000 of the general fundfederal appropriation are))is provided solely for the department to ((operate))prepare for opening a 16 bed facility located in Clark county to provide long-term inpatient care beds as defined in RCW 71.24.025. The department must use this facility to provide treatment services for individuals who have been committed to a state hospital pursuant to the dismissal of criminal charges and a civil evaluation ordered under RCW 10.77.086 or 10.77.088. The department must develop and implement a protocol to assess the risk of patients being considered for placement in this facility and determine whether the level of security and treatment services is appropriate to meet the patient's needs. The department must submit a report to the office of financial management and the appropriate committees of the legislature by December 1, 2022, providing a description of the protocol and a status update on progress toward opening the new facility.
(q) $1,382,000 of the general fundstate appropriation for fiscal year 2022, $5,092,000 of the general fundstate appropriation for fiscal year 2023, and $5,092,000 of the general fundfederal appropriation is provided solely for the department to operate a 16 bed facility on the Maple Lane campus to provide long-term inpatient care beds as defined in RCW 71.24.025. The facility must have the capacity to provide treatment services to individuals committed under chapter 71.05 RCW including individuals who have been committed to a state hospital pursuant to the dismissal of criminal charges and a civil evaluation ordered under RCW 10.77.086 or 10.77.088. The department must develop and implement a protocol to assess the risk of patients being considered for placement in this facility and determine whether the level of security and treatment services is appropriate to meet the patient's needs. The department must submit a report to the office of financial management and the appropriate committees of the legislature by December 1, 2021, providing a description of the protocol and a status update on progress toward opening the new facility.
(r) $4,316,000 of the general fundstate appropriation for fiscal year 2023 is provided solely for the department to operate the Columbia cottage at Maple Lane as a 30 bed facility to serve individuals who have been acquitted of a crime by reason of insanity and subsequently ordered to receive treatment services under RCW 10.77.120. The department must develop and implement a protocol to assess the risk of patients being considered for placement in this facility and determine whether the level of security and treatment services is appropriate to meet the patient's needs. The department must submit a report to the office of financial management and the appropriate committees of the legislature by December 1, 2022, providing a description of the protocol and a status update on progress toward the opening of Columbia cottage.
(s) Within the amounts provided in this section, the department is provided funding to operate civil long-term inpatient beds at the state hospitals as follows:
(i) Funding is sufficient for the department to operate 192 civil beds at eastern state hospital in both fiscal year 2022 and fiscal year 2023.
(ii) Funding for civil beds at western state hospital is reduced during this period to allow for a phased reduction of six wards from 467 to 287 civil beds.
(iii) The closure of western state hospital civil wards shall be implemented according to the following schedule: (A) First ward closure by July 1, 2021; (B) second ward closure by November 1, 2021; (C) third ward closure by March 1, 2022; (D) fourth ward closure by July 1, 2022; (E) fifth ward closure by November 1, 2022; and (F) sixth ward closure by April 1, 2023.
(iv) The department shall fully operate funded civil capacity at eastern state hospital, including reopening and operating civil beds that are not needed for eastern Washington residents to provide services for western Washington residents.
(v) The department shall coordinate with the health care authority toward development of the plan for increasing community capacity for long-term inpatient services required under section 215(67) of this act.
(vi) It is the intent of the legislature to close additional civil wards at western state hospital during the 2023-2025 fiscal biennium.
(vii) It is the intent of the legislature to stop using western state hospital buildings 17, 19, 20, and 21, which were built before the 1950s, for patient care by fiscal year 2027.
(t) $360,000 of the general fundstate appropriation for fiscal year 2023 is provided solely for the department to implement Engrossed Second Substitute House Bill No. 1086 (behavioral health consumers). The amount in this subsection is provided solely for the department's costs associated with providing access to and following up on referrals from behavioral health consumer advocates in state operated mental health facilities. The department must track the number of monthly cases in which access to behavioral health consumer advocates was provided for patients in state operated mental health facilities and the number of these which resulted in subsequent follow-up investigation by the department. The department must submit a preliminary report to the office of financial management and the appropriate committees of the legislature on the number of monthly cases and follow-up investigations by December 1, 2022, and a final report by June 30, 2023. ((If the bill is not enacted by June 30, 2021, the amount provided in this subsection shall lapse.))
(u) $685,000 of the general fundstate appropriation for fiscal year 2023 is provided solely to conduct a cloud computing migration feasibility study and is subject to the conditions, limitations, and review requirements of section 701 of this act.
(v) $1,806,000 of the general fundstate appropriation for fiscal year 2023 is provided solely to upgrade pharmacy information technology systems and is subject to the conditions, limitations, and review requirements of section 701 of this act.
(w) $36,000 of the general fundstate appropriation for fiscal year 2023 is provided solely to implement Second Substitute House Bill No. 1890 (children behavioral health). If the bill is not enacted by June 30, 2022, the amount provided in this subsection shall lapse.
(x) $1,222,000 of the general fundstate appropriation for fiscal year 2023 is provided solely for design and planning activities for the new forensic hospital being constructed on the grounds of Western state hospital.
(y) $2,920,000 of the general fundstate appropriation for fiscal year 2023 is provided solely for relocation, storage, and other costs associated with building demolition on the Western state hospital campus.
(2) PROGRAM SUPPORT
General FundState Appropriation (FY 2022)
. . . .
(($5,936,000))
     
$5,885,000
General FundState Appropriation (FY 2023)
. . . .
(($5,929,000))
     
$5,881,000
General FundFederal Appropriation
. . . .
(($366,000))
     
$388,000
TOTAL APPROPRIATION
. . . .
(($12,231,000))
     
$12,154,000
Sec. 203. 2021 c 334 s 203 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF SOCIAL AND HEALTH SERVICESDEVELOPMENTAL DISABILITIES PROGRAM
(1) COMMUNITY SERVICES
General FundState Appropriation (FY 2022)
. . . .
(($747,646,000))
     
$704,321,000
General FundState Appropriation (FY 2023)
. . . .
(($948,278,000))
     
$1,134,226,000
General FundFederal Appropriation
. . . .
(($2,086,801,000))
     
$2,323,577,000
General FundPrivate/Local Appropriation
. . . .
$4,058,000
Developmental Disabilities Community Services
AccountState Appropriation
. . . .
$52,000,000
TOTAL APPROPRIATION
. . . .
(($3,838,783,000))
     
$4,218,182,000
The appropriations in this subsection are subject to the following conditions and limitations:
(a) Individuals receiving services as supplemental security income (SSI) state supplemental payments may not become eligible for medical assistance under RCW 74.09.510 due solely to the receipt of SSI state supplemental payments.
(b) In accordance with RCW 18.51.050, 18.20.050, 70.128.060, and 43.135.055, the department is authorized to increase nursing facility, assisted living facility, and adult family home fees as necessary to fully support the actual costs of conducting the licensure, inspection, and regulatory programs. The license fees may not exceed the department's annual licensing and oversight activity costs and shall include the department's cost of paying providers for the amount of the license fee attributed to medicaid clients.
(i) The current annual renewal license fee for adult family homes is $225 per bed beginning in fiscal year 2022 and $225 per bed beginning in fiscal year 2023. A processing fee of $2,750 must be charged to each adult family home when the home is initially licensed. This fee is nonrefundable. A processing fee of $700 must be charged when adult family home providers file a change of ownership application.
(ii) The current annual renewal license fee for assisted living facilities is $116 per bed beginning in fiscal year 2022 and $116 per bed beginning in fiscal year 2023.
(iii) The current annual renewal license fee for nursing facilities is $359 per bed beginning in fiscal year 2022 and $359 per bed beginning in fiscal year 2023.
(c)(i) $2,648,000 of the general fundstate appropriation for fiscal year 2022, $8,946,000 of the general fundstate appropriation for fiscal year 2023, and $16,665,000 of the general fundfederal appropriation are provided solely for the implementation of the agreement reached between the governor and the service employees international union healthcare 775nw under the provisions of chapters 74.39A and 41.56 RCW for the 2021-2023 fiscal biennium, as provided in section 946 of this act.
(ii) $8,764,000 of the general fundstate appropriation for fiscal year 2023 and $11,156,000 of the general fundfederal appropriation are provided solely for the implementation of the agreement reached between the governor and the service employees international union healthcare 775nw under the provisions of chapters 74.39A and 41.56 RCW for fiscal year 2023, as provided in section 938 of this act.
(d)(i) $291,000 of the general fundstate appropriation for fiscal year 2022, $992,000 of the general fundstate appropriation for fiscal year 2023, and $1,844,000 of the general fundfederal appropriation are provided solely for the homecare agency parity impacts of the agreement between the governor and the service employees international union healthcare 775nw.
(ii) $953,000 of the general fundstate appropriation for fiscal year 2023 and $1,214,000 of the general fundfederal appropriation are provided solely for the homecare agency parity impacts of the agreement between the governor and the service employees international union healthcare 775nw.
(e)(i) $540,000 of the general fundstate appropriation for fiscal year 2022, $860,000 of the general fundstate appropriation for fiscal year 2023, and $1,881,000 of the general fundfederal appropriation are provided solely for the implementation of an agreement reached between the governor and the adult family home council under the provisions of chapter 41.56 RCW for the 2021-2023 fiscal biennium, as provided in section 948 of this act.
(ii) $1,389,000 of the general fundstate appropriation for fiscal year 2023 and $1,278,000 of the general fundfederal appropriation are provided solely for the implementation of an agreement reached between the governor and the adult family home council under the provisions of chapter 41.56 RCW for fiscal year 2023, as provided in section 940 of this act.
(f) The department may authorize a one-time waiver of all or any portion of the licensing and processing fees required under RCW 70.128.060 in any case in which the department determines that an adult family home is being relicensed because of exceptional circumstances, such as death or incapacity of a provider, and that to require the full payment of the licensing and processing fees would present a hardship to the applicant. In these situations the department is also granted the authority to waive the required residential administrator training for a period of 120 days if necessary to ensure continuity of care during the relicensing process.
(g) Community residential cost reports that are submitted by or on behalf of contracted agency providers are required to include information about agency staffing including health insurance, wages, number of positions, and turnover.
(h) Sufficient appropriations are provided to continue community alternative placement beds that prioritize the transition of clients who are ready for discharge from the state psychiatric hospitals, but who have additional long-term care or developmental disability needs.
(i) Community alternative placement beds include enhanced service facility beds, adult family home beds, skilled nursing facility beds, shared supportive housing beds, state operated living alternative beds, and assisted living facility beds.
(ii) Each client must receive an individualized assessment prior to leaving one of the state psychiatric hospitals. The individualized assessment must identify and authorize personal care, nursing care, behavioral health stabilization, physical therapy, or other necessary services to meet the unique needs of each client. It is the expectation that, in most cases, staffing ratios in all community alternative placement options described in (h)(i) of this subsection will need to increase to meet the needs of clients leaving the state psychiatric hospitals. If specialized training is necessary to meet the needs of a client before he or she enters a community placement, then the person centered service plan must also identify and authorize this training.
(iii) When reviewing placement options, the department must consider the safety of other residents, as well as the safety of staff, in a facility. An initial evaluation of each placement, including any documented safety concerns, must occur within thirty days of a client leaving one of the state psychiatric hospitals and entering one of the community placement options described in (h)(i) of this subsection. At a minimum, the department must perform two additional evaluations of each placement during the first year that a client has lived in the facility.
(iv) In developing bed capacity, the department shall consider the complex needs of individuals waiting for discharge from the state psychiatric hospitals.
(i) Sufficient appropriations are provided for discharge case managers stationed at the state psychiatric hospitals. Discharge case managers will transition clients ready for hospital discharge into less restrictive alternative community placements. The transition of clients ready for discharge will free up bed capacity at the state psychiatric hospitals.
(j) $4,000 of the general fundstate appropriation for fiscal year 2022, (($17,000))$37,000 of the general fundstate appropriation for fiscal year 2023, and (($23,000))$42,000 of the general fundfederal appropriation are provided solely for a cost of living adjustment to the personal needs allowance pursuant to RCW 74.09.340.
(k) The department will work with the health care authority and Washington state's managed care organizations to establish recommendations for clients who live in the community to access the developmental disabilities administration's facility-based professionals to receive care covered under the state plan. If feasible, these recommendations should detail how to enable facility-based professionals to deliver services at mobile or brick-and-mortar clinical settings in the community. The department must submit its recommendations to the appropriate legislative committees no later than December 1, ((2021))2022.
(l) The department of social and health services must claim the enhanced federal medical assistance participation rate for home and community-based services offered under section 9817 of the American rescue plan act of 2021 (ARPA). Appropriations made that constitute supplementation of home and community-based services as defined in section 9817 of ARPA are listed in LEAP omnibus document HCBS-2021.
(m) $300,000 of the general fundstate appropriation for fiscal year 2023 and $226,000 of the general fundfederal appropriation are provided solely to implement Engrossed Second Substitute House Bill No. 1086 (behavioral health consumers). ((If the bill is not enacted by June 30, 2021, the amounts provided in this subsection shall lapse.))
(n) $408,000 of the general fundstate appropriation for fiscal year 2022, $416,000 of the general fundstate appropriation for fiscal year 2023, and $474,000 of the general fundfederal appropriation are provided solely to implement Second Substitute House Bill No. 1061 (child welfare/developmental disability). ((If the bill is not enacted by June 30, 2021, the amounts provided in this subsection shall lapse.))
(o) $3,474,000 of the general fundstate appropriation for fiscal year 2022, (($11,423,000))$109,705,000 of the general fundstate appropriation for fiscal year 2023, and (($15,262,000))$113,544,000 of the general fundfederal appropriation are provided solely to increase rates for community residential service providers offering supported living, group home, group training home, and licensed staff residential services to individuals with developmental disabilities. ((The))Of the amounts provided in this subsection (o) ((include funding to)):
(i) $3,474,000 of the general fundstate appropriation for fiscal year 2022, $11,423,000 of the general fundstate appropriation for fiscal year 2023, and $15,262,000 of the general fundfederal appropriation are provided solely to increase the provider rate by 2.0 percent effective January 1, 2022, and by an additional 2.0 percent effective January 1, 2023. Both 2.0 percent rate increases must be used to support providers' ability to maintain direct care staff wages above the statewide minimum wage.
(ii) $98,282,000 of the general fundstate appropriation for fiscal year 2023 and $98,282,000 of the general fundfederal appropriation are provided solely to increase the provider rate effective July 1, 2022. It is the intent of the legislature that contracted providers use the funding provided in this subsection (o)(ii) to provide an hourly wage of at least $20 for direct care workers.
(p) The annual certification renewal fee for community residential service businesses is $859 per client in fiscal year 2022 and $859 per client in fiscal year 2023. The annual certification renewal fee may not exceed the department's annual licensing and oversight activity costs.
(q) The appropriations in this section include sufficient funding to implement chapter 220, Laws of 2020 (adult family homes/8 beds). A nonrefundable fee of $485 shall be charged for each application to increase bed capacity at an adult family home to seven or eight beds.
(r) $39,000 of the general fundstate appropriation for fiscal year 2022, $49,000 of the general fundstate appropriation for fiscal year 2023, and $131,000 of the general fundfederal appropriation are provided solely to increase the administrative rate for home care agencies by five cents per hour effective July 1, 2021.
(s) $1,705,000 of the general fundstate appropriation for fiscal year 2022, $1,688,000 of the general fundstate appropriation for fiscal year 2023, and $1,465,000 of the general fundfederal appropriation are provided solely for the development and implementation of 13 enhanced respite beds across the state for children. These services are intended to provide families and caregivers with a break in caregiving, the opportunity for behavioral stabilization of the child, and the ability to partner with the state in the development of an individualized service plan that allows the child to remain in his or her family home. The department must provide the legislature with a respite utilization report in January of each year that provides information about the number of children who have used enhanced respite in the preceding year, as well as the location and number of days per month that each respite bed was occupied.
(t) $2,025,000 of the general fundstate appropriation for fiscal year 2022 and $2,006,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for the development and implementation of 13 community respite beds across the state for adults. These services are intended to provide families and caregivers with a break in caregiving and the opportunity for stabilization of the individual in a community-based setting as an alternative to using a residential habilitation center to provide planned or emergent respite. The department must provide the legislature with a respite utilization report by January of each year that provides information about the number of individuals who have used community respite in the preceding year, as well as the location and number of days per month that each respite bed was occupied.
(u) (($18,733,000))$43,535,000 of the general fundstate appropriation for fiscal year 2022, $47,243,000 of the general fundstate appropriation for fiscal year 2023, and (($46,342,000))$152,070,000 of the general fundfederal appropriation are provided solely to continue providing rate add-ons for contracted service providers to address the increased costs associated with serving clients during the COVID-19 pandemic ((through the end of calendar year 2021)).
(v) $78,000 of the general fundstate appropriation for fiscal year 2022, $75,000 of the general fundstate appropriation for fiscal year 2023, and $113,000 of the general fundfederal appropriation are provided solely for implementation of Engrossed Substitute Senate Bill No. 5284 (subminimum wage/disabilities). ((If the bill is not enacted by June 30, 2021, the amounts provided in this subsection shall lapse.))
(w) Funding in this section is sufficient to implement chapter 352, laws of 2020 (developmental disabilities budgeting), including a review of the no-paid services caseload and to update the information to accurately reflect a current headcount of eligible persons and the number of persons contacted who are currently interested in receiving a paid service. It is the intent of the legislature that the department will, as required in chapter 252, laws of 2020 (developmental disabilities budgeting), submit a report of this information to the governor and the appropriate committees of the legislature by December 1, 2021. It is also the intent of the legislature that the necessary paid services identified with completion of this report will be adequately funded by the conclusion of fiscal year 2024.
(x) $1,387,000 of the general fundstate appropriation for fiscal year 2022, $2,641,000 of the general fundstate appropriation for fiscal year 2023, and $4,250,000 of the general fundfederal appropriation are provided solely to increase the capacity of the children's intensive in-home behavioral supports waiver by 100 slots.
(y) $19,648,000 of the general fundstate appropriation for fiscal year 2023 and $25,006,000 of the general fundfederal appropriation are provided solely for the purposes of settling all claims in the two related cases Liang et al v. Washington DSHS et al, Thurston county superior court case no. 20-2-02506-34 and SEIU 775 v. Washington DSHS et al, Thurston county superior court case no. 18-2-05584-34, Washington supreme court case no. 99658-8. The expenditure of these amounts is contingent upon the release of all claims in both cited cases, and total settlement costs shall not exceed the amounts provided in this subsection and section 204(45) of this act. If the settlement agreement is not fully executed and approved by the Thurston county superior court by June 30, 2023, the amounts provided in this subsection shall lapse.
(z) $205,000 of the general fundstate appropriation for fiscal year 2022, $232,000 of the general fundstate appropriation for fiscal year 2023, and $590,000 of the general fundfederal appropriation are provided solely for the department of social and health services to examine the capabilities of the community residential settings and services; to improve cross-system coordination; and to begin the process of redesigning state-operated intermediate care facilities to function as short-term crisis stabilization and intervention. Of the amounts provided in this subsection (1)(((y)))(z):
(i) $159,000 of the general fundstate appropriation for fiscal year 2022, $186,000 of the general fundstate appropriation for fiscal year 2023, and $310,000 of the general fundfederal appropriation are provided solely for the department of social and health services to:
(A) Beginning with the governor's budget proposal submitted in December 2022, submit a budget request for expenditures associated with anticipated demand for services under the individual and family services waiver, the basic plus waiver, and the number of individuals who are expected to reside in state-operated living alternatives for consideration by the governor and the legislature for inclusion in maintenance level budgets;
(B) Examine the need for community respite beds to serve eligible individuals and stabilization, assessment, and intervention beds to provide crisis stabilization services for individuals with complex behavioral needs. A preliminary report must be submitted no later than October 1, 2022, with a final report submitted no later than October 1, 2023, to the governor and the appropriate committees of the legislature that estimates the number of beds needed in fiscal years 2023 through 2025, recommends geographic locations of these beds, provides options for contracting with community providers for these beds, provides options for utilizing existing intermediate care facilities to meet these needs, and recommends whether or not an increase to respite hours is needed;
(C) Contract with a private vendor for a study of medicaid rates for contracted community residential service providers. The study must be submitted to the governor and the appropriate committees of the legislature no later than December 1, 2023, and must include:
(I) A recommendation of rates needed for facilities to cover their costs and adequately recruit, train, and retain direct care professionals;
(II) Recommendations for an enhanced rate structure, including when and for whom this rate structure would be appropriate; and
(III) An assessment of options for an alternative, opt-in rate structure for contracted supported living providers who voluntarily serve individuals with complex behaviors, complete additional training, and submit to additional monitoring;
(D) Submit by October 1, 2022, a five-year plan to phase-in the appropriate level of funding and staffing to achieve case management ratios of one case manager to no more than 35 clients. The five-year plan must include:
(I) An analysis of current procedures to hire and train new staff within the developmental disabilities administration of the department of social and health services;
(II) Identification of any necessary changes to these procedures to ensure a more efficient and timely process for hiring and training staff; and
(III) Identification of the number of new hires needed on an annual basis to achieve the phased implementation included in the five-year plan;
(E) Collaborate with appropriate stakeholders to develop uniform quality assurance metrics that are applied across community residential settings, intermediate care facilities, and state-operated nursing facilities and submit a report of these activities to the governor and the legislature no later than June 30, 2023;
(F) Collaborate with the developmental disabilities council to improve cross-system coordination and submit a report of the activities and any recommendations for policy or fiscal changes to the governor and the legislature no later than October 1, 2022, for consideration in the 2023 legislative session that describes collaborating with the developmental disabilities council to:
(I) Coordinate collaboration efforts among relevant stakeholders to develop and disseminate best practices related to serving individuals with cooccurring intellectual and developmental disabilities and mental health conditions;
(II) Work with Washington state's apprenticeship and training council, colleges, and universities to establish medical, dental, nursing, and direct care apprenticeship programs that would address gaps in provider training and overall competence;
(III) Devise options for consideration by the governor and the legislature to prioritize funding for housing for individuals with intellectual and developmental disabilities when a lack of affordable housing is the barrier preventing an individual from moving to a least restrictive community setting; and
(IV) Coordinate collaboration efforts among relevant stakeholders to examine existing law with regard to guardianship and protective proceedings and make any necessary recommendations for changes to existing law to ensure that guardianship or other protective proceedings are designed to provide individuals with intellectual and developmental disabilities with the decision making support they require to live as independently as possible in the least restrictive environment, including consideration of mechanisms that enable regular payment for services rendered by these legal representatives when appropriate; and
(G) Develop procedures that ensure that placement in an intermediate care facility is temporary and submit a report of these efforts, including any necessary recommendations for policy or fiscal changes, to the governor and the legislature for consideration in the 2022 legislative session no later than November 1, 2021, that describes the development of procedures that ensure that:
(I) Clear, written, and verbal information is provided to the individual and their family member that explains that placement in the intermediate care facility is temporary and what constitutes continuous aggressive active treatment and its eligibility implications;
(II) Discharge planning begins immediately upon placement of an individual within the intermediate care facility and that the individual and their family member is provided clear descriptions of all placement options and their requirements;
(III) When crisis stabilization services are available in the community, the individual is presented with the option to receive services in the community prior to placement in an intermediate care facility; and
(IV) When the individual has not achieved crisis stabilization after 60 days of initial placement in the intermediate care facility, the department of social and health services must convene the individual's team of care providers including, but not limited to, the individual's case manager, the individual's community-based providers, and, if applicable, the individual's managed care organization to review and make any necessary changes to the individual's crisis stabilization care plan.
(ii) $46,000 of the general fundstate appropriation in fiscal year 2022, $46,000 of the general fundstate appropriation in fiscal year 2023, and $280,000 of the general fundfederal appropriation are provided solely to establish peer mentors to connect each client in an intermediate care facility with a mentor to assist in their transition planning. No later than November 1, 2021, the department of social and health services must submit a report describing these efforts and make any necessary recommendations for policy or fiscal changes to the governor and the legislature for consideration in the 2022 legislative session.
(((z)))(aa) Appropriations provided in this section are sufficient to implement Substitute Senate Bill No. 5258 (consumer directed employers).
(((aa)))(bb) $63,000 of the general fundstate appropriation for fiscal year 2022, $13,000 of the general fundstate appropriation for fiscal year 2023, and $77,000 of the general fundfederal appropriation are provided solely to implement Substitute House Bill No. 1411 (health care workforce). ((If the bill is not enacted by June 30, 2021, the amounts provided in this subsection shall lapse.))
(cc) $54,000 of the general fundstate appropriation for fiscal year 2023 is provided solely to implement Second Substitute House Bill No. 1890 (children behavioral health). If the bill is not enacted by June 30, 2022, the amount provided in this subsection shall lapse.
(dd) $8,428,000 of the general fundstate appropriation for fiscal year 2023 and $5,179,000 of the general fundfederal appropriation are provided solely to implement Substitute House Bill No. 1980 (concurrent services). If the bill is not enacted by June 30, 2022, the amounts provided in this subsection shall lapse.
(ee) $410,000 of the general fundstate appropriation for fiscal year 2023 and $511,000 of the general fundfederal appropriation are provided solely to increase funding of the assisted living medicaid payment methodology in RCW 74.39A.032 to 74 percent of full methodology funding, effective July 1, 2022.
(ff) $100,000 of the general fundstate appropriation for fiscal year 2023 is provided solely for the department to contract with an organization that provides benefits planning training to attorneys and other professionals to help them assist individuals with developmental disabilities with retaining state and federal benefits while working.
(gg) $15,000 of the general fundstate appropriation for fiscal year 2022, $60,000 of the general fundstate appropriation for fiscal year 2023, and $75,000 of the general fundfederal appropriation are provided solely for the developmental disabilities administration to develop and submit a self-directed medicaid waiver proposal to the federal centers for medicaid and medicare services that allows waiver participants to have responsibility over all aspects of service delivery in a person-centered planning process.
(i) The proposed waiver shall be designed as a pilot project in two Washington counties for up to 50 eligible developmental disabilities clients per county, and must include, but is not limited to, the following services:
(A) Assistive technology;
(B) Community inclusion;
(C) Community engagement;
(D) Individual and group supported employment, including individualized technical assistance;
(E) Occupational therapy
(F) Physical therapy;
(G) Speech, hearing, and language services;
(H) Extermination of bed bugs;
(I) Nurse delegation;
(J) Respite care;
(K) Risk assessment;
(L) Skills acquisition training;
(M) Specialized equipment and supplies;
(N) Stabilization services;
(O) Staff and family consultation;
(P) Therapeutic adaptations; and
(Q) Transportation.
(ii) The developmental disabilities administration must report to the governor and appropriate legislative committees by December 1, 2022, and by June 30, 2023, on the status of the self-directed waiver proposal, the estimated timeline for approval and implementation, and a fiscal estimate of the cost to implement the self-directed waiver if approved by the federal centers for medicare and medicaid services.
(hh) $2,850,000 of the general fundstate appropriation for fiscal year 2023 is provided solely for employment services and transition navigator supports. Of the amounts provided in this subsection:
(i) $2,500,000 of the general fundstate appropriation for fiscal year 2023 is provided solely to expand employment services and transition navigator supports for students with intellectual and developmental disabilities in eastern and central Washington counties with low employment outcomes for people with intellectual and developmental disabilities. For the purpose of this subsection, "low employment outcomes" means counties that fall below the statewide average rate for enrollment of developmental disabilities administration clients in employment and day services following high school completion.
(ii) $350,000 of the general fundstate appropriation for fiscal year 2023 is provided solely for regional networks of community members to work in local communities to build regional capacity, complete data collection, and provide recommendations on how to expand employment and transitions navigator supports to students with intellectual and developmental disabilities.
(2) INSTITUTIONAL SERVICES
General FundState Appropriation (FY 2022)
. . . .
(($115,635,000))
     
$110,837,000
General FundState Appropriation (FY 2023)
. . . .
(($125,463,000))
     
$127,447,000
General FundFederal Appropriation
. . . .
(($241,480,000))
     
$246,868,000
General FundPrivate/Local Appropriation
. . . .
$27,043,000
TOTAL APPROPRIATION
. . . .
(($509,621,000))
     
$512,195,000
The appropriations in this subsection are subject to the following conditions and limitations:
(a) Individuals receiving services as supplemental security income (SSI) state supplemental payments may not become eligible for medical assistance under RCW 74.09.510 due solely to the receipt of SSI state supplemental payments.
(b) $495,000 of the general fund—state appropriation for fiscal year 2022 and $495,000 of the general fund—state appropriation for fiscal year 2023 are for the department to fulfill its contracts with the school districts under chapter 28A.190 RCW to provide transportation, building space, and other support services as are reasonably necessary to support the educational programs of students living in residential habilitation centers.
(c) The residential habilitation centers may use funds appropriated in this subsection to purchase goods, services, and supplies through hospital group purchasing organizations when it is cost-effective to do so.
(d) $3,000 of the general fundstate appropriation for fiscal year 2022 and (($10,000))$21,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for a cost of living increase adjustment to the personal needs allowance pursuant to RCW 74.09.340.
(3) PROGRAM SUPPORT
General FundState Appropriation (FY 2022)
. . . .
(($2,639,000))
     
$2,717,000
General FundState Appropriation (FY 2023)
. . . .
(($2,688,000))
     
$2,678,000
General FundFederal Appropriation
. . . .
(($3,192,000))
     
$3,108,000
TOTAL APPROPRIATION
. . . .
(($8,519,000))
     
$8,503,000
(4) SPECIAL PROJECTS
General FundState Appropriation (FY 2022)
. . . .
$61,000
General FundState Appropriation (FY 2023)
. . . .
$61,000
General FundFederal Appropriation
. . . .
$1,090,000
TOTAL APPROPRIATION
. . . .
$1,212,000
Sec. 204. 2021 c 334 s 204 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF SOCIAL AND HEALTH SERVICESAGING AND ADULT SERVICES PROGRAM
General FundState Appropriation (FY 2022)
. . . .
(($1,422,098,000))
     
$1,350,575,000
General FundState Appropriation (FY 2023)
. . . .
(($1,783,367,000))
     
$2,058,876,000
General FundFederal Appropriation
. . . .
(($4,517,927,000))
     
$4,930,763,000
General FundPrivate/Local Appropriation
. . . .
$37,804,000
Traumatic Brain Injury AccountState Appropriation
. . . .
(($4,544,000))
     
$5,586,000
Skilled Nursing Facility Safety Net Trust Account
State Appropriation
. . . .
$133,360,000
Long-Term Services and Supports Trust AccountState
Appropriation
. . . .
(($10,873,000))
     
$15,003,000
TOTAL APPROPRIATION
. . . .
(($7,909,973,000))
     
$8,531,967,000
The appropriations in this section are subject to the following conditions and limitations:
(1)(a) For purposes of implementing chapter 74.46 RCW, the weighted average nursing facility payment rate may not exceed $259.84 for fiscal year 2022 and may not exceed (($279.84))$320.78 for fiscal year 2023.
(b) The department shall provide a medicaid rate add-on to reimburse the medicaid share of the skilled nursing facility safety net assessment as a medicaid allowable cost. The nursing facility safety net rate add-on may not be included in the calculation of the annual statewide weighted average nursing facility payment rate.
(2) In accordance with RCW 18.51.050, 18.20.050, 70.128.060, and 43.135.055, the department is authorized to increase nursing facility, assisted living facility, and adult family home fees as necessary to fully support the actual costs of conducting the licensure, inspection, and regulatory programs. The license fees may not exceed the department's annual licensing and oversight activity costs and shall include the department's cost of paying providers for the amount of the license fee attributed to medicaid clients.
(a) The current annual renewal license fee for adult family homes is $225 per bed beginning in fiscal year 2022 and $225 per bed beginning in fiscal year 2023. A processing fee of $2,750 must be charged to each adult family home when the home is initially licensed. This fee is nonrefundable. A processing fee of $700 shall be charged when adult family home providers file a change of ownership application.
(b) The current annual renewal license fee for assisted living facilities is $116 per bed beginning in fiscal year 2022 and $116 per bed beginning in fiscal year 2023.
(c) The current annual renewal license fee for nursing facilities is $359 per bed beginning in fiscal year 2022 and $359 per bed beginning in fiscal year 2023.
(3) The department is authorized to place long-term care clients residing in nursing homes and paid for with state-only funds into less restrictive community care settings while continuing to meet the client's care needs.
(4)(i) $6,113,000 of the general fundstate appropriation for fiscal year 2022, $19,799,000 of the general fundstate appropriation for fiscal year 2023, and $37,161,000 of the general fundfederal appropriation are provided solely for the implementation of the agreement reached between the governor and the service employees international union healthcare 775nw under the provisions of chapters 74.39A and 41.56 RCW for the 2021-2023 fiscal biennium, as provided in section 946 of this act.
(ii) $18,787,000 of the general fundstate appropriation for fiscal year 2023 and $23,910,000 of the general fundfederal appropriation are provided solely for the implementation of the agreement reached between the governor and the service employees international union healthcare 775nw under the provisions of chapters 74.39A and 41.56 RCW for fiscal year 2023, as provided in section 938 of this act.
(5)(i) $1,941,000 of the general fundstate appropriation for fiscal year 2022, $6,439,000 of the general fundstate appropriation for fiscal year 2023, and $12,064,000 of the general fundfederal appropriation are provided solely for the homecare agency parity impacts of the agreement between the governor and the service employees international union healthcare 775nw.
(ii) $6,028,000 of the general fundstate appropriation for fiscal year 2023 and $7,669,000 of the general fundfederal appropriation are provided solely for the homecare agency parity impacts of the agreement between the governor and the service employees international union healthcare 775nw.
(6) The department may authorize a one-time waiver of all or any portion of the licensing and processing fees required under RCW 70.128.060 in any case in which the department determines that an adult family home is being relicensed because of exceptional circumstances, such as death or incapacity of a provider, and that to require the full payment of the licensing and processing fees would present a hardship to the applicant. In these situations the department is also granted the authority to waive the required residential administrator training for a period of 120 days if necessary to ensure continuity of care during the relicensing process.
(7) In accordance with RCW 18.390.030, the biennial registration fee for continuing care retirement communities shall be $900 for each facility.
(8) Within amounts appropriated in this subsection, the department shall assist the legislature to continue the work of the joint legislative executive committee on planning for aging and disability issues.
(a) A joint legislative executive committee on aging and disability is continued, with members as provided in this subsection.
(i) Four members of the senate, with the leaders of the two largest caucuses each appointing two members, and four members of the house of representatives, with the leaders of the two largest caucuses each appointing two members;
(ii) A member from the office of the governor, appointed by the governor;
(iii) The secretary of the department of social and health services or his or her designee;
(iv) The director of the health care authority or his or her designee;
(v) A member from disability rights Washington and a member from the office of long-term care ombuds;
(vi) The insurance commissioner or his or her designee, who shall serve as an ex officio member; and
(vii) Other agency directors or designees as necessary.
(b) The committee must make recommendations and continue to identify key strategic actions to prepare for the aging of the population in Washington and to serve people with disabilities, including state budget and policy options, and may conduct, but are not limited to, the following tasks:
(i) Identify strategies to better serve the health care needs of an aging population and people with disabilities to promote healthy living and palliative care planning;
(ii) Identify strategies and policy options to create financing mechanisms for long-term service and supports that allow individuals and families to meet their needs for service;
(iii) Identify policies to promote financial security in retirement, support people who wish to stay in the workplace longer, and expand the availability of workplace retirement savings plans;
(iv) Identify ways to promote advance planning and advance care directives and implementation strategies for the Bree collaborative palliative care and related guidelines;
(v) Identify ways to meet the needs of the aging demographic impacted by reduced federal support;
(vi) Identify ways to protect the rights of vulnerable adults through assisted decision-making and guardianship and other relevant vulnerable adult protections;
(vii) Identify options for promoting client safety through residential care services and consider methods of protecting older people and people with disabilities from physical abuse and financial exploitation; and
(viii) Identify other policy options and recommendations to help communities adapt to the aging demographic in planning for housing, land use, and transportation.
(c) Staff support for the committee shall be provided by the office of program research, senate committee services, the office of financial management, and the department of social and health services.
(d) Within existing appropriations, the cost of meetings must be paid jointly by the senate, house of representatives, and the office of financial management. Joint committee expenditures and meetings are subject to approval by the senate facilities and operations committee and the house of representatives executive rules committee, or their successor committees. Meetings of the task force must be scheduled and conducted in accordance with the rules of both the senate and the house of representatives. The joint committee members may be reimbursed for travel expenses as authorized under RCW 43.03.050 and 43.03.060, and chapter 44.04 RCW as appropriate. Advisory committee members may not receive compensation or reimbursement for travel and expenses.
(9) Appropriations in this section are sufficient to fund discharge case managers stationed at the state psychiatric hospitals. Discharge case managers will transition clients ready for hospital discharge into less restrictive alternative community placements. The transition of clients ready for discharge will free up bed capacity at the state psychiatric hospitals.
(10) Appropriations in this section are sufficient to fund financial service specialists stationed at the state psychiatric hospitals. Financial service specialists will help to transition clients ready for hospital discharge into alternative community placements. The transition of clients ready for discharge will free up bed capacity at the state hospitals.
(11) The department shall continue to administer tailored support for older adults and medicaid alternative care as described in initiative 2 of the medicaid transformation waiver ((that provides tailored support for older adults and medicaid alternative care described in initiative 2 of the medicaid transformation demonstration waiver under healthier Washington)). This initiative will be funded by the health care authority ((with))through the medicaid quality improvement program. The secretary in collaboration with the director of the health care authority shall report to the office of financial management all of the expenditures of this subsection and shall provide such fiscal data in the time, manner, and form requested. The department shall not increase general fundstate expenditures on this initiative.
(12)(i) $3,378,000 of the general fundstate appropriation for fiscal year 2022, $5,561,000 of the general fundstate appropriation for fiscal year 2023, and $11,980,000 of the general fundfederal appropriation are provided solely for the implementation of an agreement reached between the governor and the adult family home council under the provisions of chapter 41.56 RCW for the 2021-2023 fiscal biennium, as provided in section 948 of this act.
(ii) $8,922,000 of the general fundstate appropriation for fiscal year 2023 and $8,212,000 of the general fundfederal appropriation are provided solely for the implementation of an agreement reached between the governor and the adult family home council under the provisions of chapter 41.56 RCW for fiscal year 2023, as provided in section 940 of this act.
(13) $1,761,000 of the general fundstate appropriation for fiscal year 2022, $1,761,000 of the general fundstate appropriation for fiscal year 2023, and $4,162,000 of the general fundfederal appropriation are provided solely for case managers at the area agencies on aging to coordinate care for medicaid clients with mental illness who are living in their own homes. Work shall be accomplished within existing standards for case management and no requirements will be added or modified unless by mutual agreement between the department of social and health services and area agencies on aging.
(14) Appropriations provided in this section are sufficient for the department to contract with an organization to provide educational materials, legal services, and attorney training to support persons with dementia. The funding provided in this subsection must be used for:
(a) An advance care and legal planning toolkit for persons and families living with dementia, designed and made available online and in print. The toolkit should include educational topics including, but not limited to:
(i) The importance of early advance care, legal, and financial planning;
(ii) The purpose and application of various advance care, legal, and financial documents;
(iii) Dementia and capacity;
(iv) Long-term care financing considerations;
(v) Elder and vulnerable adult abuse and exploitation;
(vi) Checklists such as "legal tips for caregivers," "meeting with an attorney," and "life and death planning;"
(vii) Standardized forms such as general durable power of attorney forms and advance health care directives; and
(viii) A selected list of additional resources.
(b) Webinars about the dementia legal and advance care planning toolkit and related issues and topics with subject area experts. The subject area expert presenters must provide their services in-kind, on a volunteer basis.
(c) Continuing legal education programs for attorneys to advise and assist persons with dementia. The continuing education programs must be offered at no cost to attorneys who make a commitment to participate in the pro bono program.
(d) Administrative support costs to develop intake forms and protocols, perform client intake, match participating attorneys with eligible clients statewide, maintain records and data, and produce reports as needed.
(15) Appropriations provided in this section are sufficient to continue community alternative placement beds that prioritize the transition of clients who are ready for discharge from the state psychiatric hospitals, but who have additional long-term care or developmental disability needs.
(a) Community alternative placement beds include enhanced service facility beds, adult family home beds, skilled nursing facility beds, shared supportive housing beds, state operated living alternative beds, assisted living facility beds, adult residential care beds, and specialized dementia beds.
(b) Each client must receive an individualized assessment prior to leaving one of the state psychiatric hospitals. The individualized assessment must identify and authorize personal care, nursing care, behavioral health stabilization, physical therapy, or other necessary services to meet the unique needs of each client. It is the expectation that, in most cases, staffing ratios in all community alternative placement options described in (a) of this subsection will need to increase to meet the needs of clients leaving the state psychiatric hospitals. If specialized training is necessary to meet the needs of a client before he or she enters a community placement, then the person centered service plan must also identify and authorize this training.
(c) When reviewing placement options, the department must consider the safety of other residents, as well as the safety of staff, in a facility. An initial evaluation of each placement, including any documented safety concerns, must occur within thirty days of a client leaving one of the state psychiatric hospitals and entering one of the community placement options described in (a) of this subsection. At a minimum, the department must perform two additional evaluations of each placement during the first year that a client has lived in the facility.
(d) In developing bed capacity, the department shall consider the complex needs of individuals waiting for discharge from the state psychiatric hospitals.
(16) No later than December 31, 2021, the department of social and health services and the health care authority shall submit a waiver request to the federal department of health and human services to authorize presumptive medicaid eligibility determinations for clients preparing for acute care hospital discharge who may need long-term services and supports. The department and the authority shall hold stakeholder discussions, including opportunities for public review and comment, during development of the waiver request. Upon submission of the waiver request, the department and the authority shall submit a report to the governor and the appropriate legislative committees that describes the request and identifies any statutory changes that may be necessary if the federal government approves the request.
(17) The annual certification renewal fee for community residential service businesses is $859 per client in fiscal year 2022 and $859 per client in fiscal year 2023. The annual certification renewal fee may not exceed the department's annual licensing and oversight activity costs.
(18) The appropriations in this section include sufficient funding to implement chapter 220, Laws of 2020 (adult family homes/8 beds). A nonrefundable fee of $485 shall be charged for each application to increase bed capacity at an adult family home to seven or eight beds.
(19) $261,000 of the general fundstate appropriation for fiscal year 2022, $320,000 of the general fundstate appropriation for fiscal year 2023, and $861,000 of the general fundfederal appropriation are provided solely to increase the administrative rate for home care agencies by five cents per hour effective July 1, 2021.
(20) The department of social and health services must claim the enhanced federal medical assistance participation rate for home and community-based services offered under section 9817 of the American rescue plan act of 2021 (ARPA). Appropriations made that constitute supplementation of home and community-based services as defined in section 9817 of ARPA are listed in LEAP omnibus document HCBS-2021.
(21) $1,458,000 of the general fundstate appropriation for fiscal year 2022 and $1,646,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for the department to provide personal care services for up to 20 clients who are not United States citizens and who are ineligible for medicaid upon their discharge from an acute care hospital. The department must prioritize the funding provided in this subsection for such clients in acute care hospitals who are also on the department's wait list for services.
(22) $750,000 of the general fundstate appropriation for fiscal year 2022 and $750,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for community-based dementia education and support activities in two areas of the state, including dementia resource catalyst staff and direct services for people with dementia and their caregivers.
(23) $237,000 of the general fundstate appropriation for fiscal year 2022, $226,000 of the general fundstate appropriation for fiscal year 2023, and $572,000 of the general fundfederal appropriation are provided solely to implement Substitute House Bill No. 1218 (long-term care residents). ((If the bill is not enacted by June 30, 2021, the amounts provided in this subsection shall lapse.))
(24) (($345,000 of the general fundstate appropriation for fiscal year 2022, $50,000 of the general fundstate appropriation for fiscal year 2023, and $336,000 of the general fundfederal appropriation are provided solely to implement Second Substitute House Bill No. 1127 (COVID-19 health data privacy). If the bill is not enacted by June 30, 2021, the amounts provided in this subsection shall lapse.
(25))) $4,329,000 of the general fundstate appropriation for fiscal year 2022 and $4,329,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for services and support to individuals who are deaf, hard of hearing, or deaf-blind.
(((26) $41,117,000))(25) $85,981,000 of the general fundstate appropriation for fiscal year 2022, $85,463,000 of the general fundstate appropriation for fiscal year 2023, and (($101,715,000))$292,979,000 of the general fundfederal appropriation are provided solely to continue providing rate add-ons for contracted service providers to address the increased costs associated with serving clients during the COVID-19 pandemic ((through the end of calendar year 2021)).
(((27)))(26) $11,609,000 of the general fundstate appropriation for fiscal year 2023 and $11,609,000 of the general fundfederal appropriation are provided solely to increase the fixed rate paid for skilled nursing facility medicaid direct care to one hundred and five percent of statewide case mix neutral median costs.
(((28)))(27) Within the amounts provided in this section, the department of social and health services must develop a statewide agency emergency preparedness plan with which to respond to future public health emergencies.
(((29)))(28) The traumatic brain injury council shall collaborate with other state agencies in their efforts to address traumatic brain injuries to ensure that efforts are complimentary and continue to support the state's broader efforts to address this issue.
(((30)))(29) $1,858,000 of the general fundstate appropriation for fiscal year 2022 and $1,857,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for operation of the volunteer services program. Funding must be prioritized towards serving populations traditionally served by long-term care services to include senior citizens and persons with disabilities.
(((31)))(30) $479,000 of the general fundstate appropriation for fiscal year 2022 and $479,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for the kinship navigator program in the Colville Indian reservation, Yakama Nation, and other tribal areas.
(((32)))(31) Within available funds, the aging and long term support administration must maintain a unit within adult protective services that specializes in the investigation of financial abuse allegations and self-neglect allegations.
(((33)))(32) $1,344,000 of the general fundstate appropriation for fiscal year 2022 and $1,344,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for the kinship care support program.
(((34) $10,797,000))(33) $7,938,000 of the general fundstate appropriation for fiscal year 2022, (($11,477,000))$13,412,000 of the general fundstate appropriation for fiscal year 2023, and (($23,946,000))$22,456,000 of the general fundfederal appropriation are provided solely for nursing home services and emergent building costs at the transitional care center of Seattle. No later than December 1, 2022, the department must submit to the appropriate fiscal committees of the legislature a report that includes, but is not limited to:
(a) An itemization of the costs associated with providing direct care services to residents and managing and caring for the facility; and
(b) An examination of the impacts of this facility on clients and providers of the long-term care and medical care sectors of the state that includes, but is not limited to:
(i) An analysis of areas that have realized cost containment or savings as a result of this facility;
(ii) A comparison of individuals transitioned from hospitals to this facility compared to other skilled nursing facilities over the same period of time; and
(iii) Impacts of this facility on lengths of stay in acute care hospitals, other skilled nursing facility, and transitions to home and community-based settings.
(((35)))(34) $58,000 of the general fundstate appropriation for fiscal year 2022 and $90,000 of the general fundfederal appropriation are provided solely for implementation of Engrossed Substitute Senate Bill No. 5229 (health equity continuing education). ((If the bill is not enacted by June 30, 2021, the amounts provided in this subsection shall lapse.
(36)))(35) $50,000 of the general fundstate appropriation for fiscal year 2022 is provided solely for fall prevention training. The department of social and health services will provide one-time grant funding to an association representing long-term care facilities to develop and provide fall prevention training for long-term care facilities. The training must include information about environmental modifications to help reduce falls, tools to assess an individual's risk for falling, and evidence-based interventions for reducing falls amongst individuals with dementia or cognitive impairments. The training must be offered at no cost and made available online for the general public to access at any time. The recipient of the grant funds must work with the department of social and health services and the department of health on developing and promoting the training.
(((37)))(36) $4,504,000 of the general fundstate appropriation for fiscal year 2022, $9,072,000 of the general fundstate appropriation for fiscal year 2023, and $452,000 of the general fundfederal appropriation are provided solely for behavioral health personal care services for individuals with exceptional care needs due to their psychiatric diagnosis as determined through the department's CARE assessment and for three full-time positions to coordinate with the health care authority and medicaid managed care organizations for the care of these individuals. Future caseload and per capita changes for behavioral health personal care services will be incorporated into the department's medicaid forecast. The department shall coordinate with the authority for purposes of developing and submitting to the centers for medicare and medicaid, a 1915(i) state plan.
(((38)))(37) Within existing appropriations, and no later than December 31, 2021, the department of social and health services must work with stakeholders to consider modifications to current practices that address the current challenges adult family homes are facing with acquiring and maintaining liability insurance coverage. In consultation with stakeholders, the department of social and health services must:
(a) Transition language contained in citation and enforcement actions to plain talk language that helps insurers and consumers understand the nature of the regulatory citations; and
(b) Display the severity and resolution of citation and enforcement actions in plain talk language for consumers and insurers to better understand the nature of the situation.
(((39)))(38) $435,000 of the general fundstate appropriation for fiscal year 2022 and $435,000 of the general fundstate appropriation for fiscal year 2023 are provided solely to continue the current pilot project in Pierce county to provide personal care services to homeless seniors and people with disabilities from the time the person presents at a shelter to the time they become eligible for medicaid and to establish two new pilot project sites in King county, one site in Clark county, and one site in Spokane county. The department of social and health services shall submit a report by December 1, 2022, to the governor and appropriate legislative committees that addresses the following for each site:
(a) The number of people served in the pilot;
(b) The number of people served in the pilot who transitioned to medicaid personal care;
(c) The number of people served in the pilot who found stable housing; and
(d) Any additional information or data deemed relevant by the contractors or the department of social and health services.
(((40)))(39) $3,063,000 of the general fundstate appropriation for fiscal year 2022 and $4,517,000 of the general fundfederal appropriation is provided solely to offset COVID-19 related cost impacts on the in-home medicaid long-term care case management program operated by area agencies on aging.
(((41)))(40) Appropriations provided in this section are sufficient to implement Substitute Senate Bill No. 5258 (consumer directed employers).
(((42)))(41) $69,000 of the general fundstate appropriation for fiscal year 2022, $65,000 of the general fundstate appropriation for fiscal year 2023, and $98,000 of the general fundfederal appropriation are provided solely to implement Engrossed Second Substitute Senate Bill No. 5163 (conditionally released sexually violent predators). ((If the bill is not enacted by June 30, 2021, the amounts provided in this subsection shall lapse.
(43)))(42) $75,000 of the general fundstate appropriation for fiscal year 2022, $54,000 of the general fundstate appropriation for fiscal year 2023, and $130,000 of the general fundfederal appropriation are provided solely to implement Substitute House Bill No. 1411 (health care workforce). ((If the bill is not enacted by June 30, 2021, the amounts provided in this subsection shall lapse.
(44)))(43) $15,000 of the general fundstate appropriation for fiscal year 2022, (($51,000))$111,000 of the general fundstate appropriation for fiscal year 2023, and (($32,000))$61,000 of the general fundfederal appropriation are provided solely for a cost of living adjustment to the personal needs allowance pursuant to RCW 74.09.340.
(44) $16,804,000 of the general fundstate appropriation for fiscal year 2023 and $16,804,000 of the general fundfederal appropriation are provided solely to adjust the minimum occupancy assumption used to calculate the indirect care median to 70 percent.
(45) $38,265,000 of the general fundstate appropriation for fiscal year 2023 and $48,666,000 of the general fundfederal appropriation are provided solely for the purposes of settling all claims in the two related cases Liang et al v. Washington DSHS et al, Thurston county superior court case no. 20-2-02506-34 and SEIU 775 v. Washington DSHS et al, Thurston county superior court case no. 18-2-05584-34, Washington supreme court case no. 99658-8. The expenditure of these amounts is contingent upon the release of all claims in both cited cases, and total settlement costs shall not exceed the amounts provided in this subsection and section 203(1)(y) of this act. If the settlement agreement is not fully executed and approved by the Thurston county superior court by June 30, 2023, the amounts provided in this subsection shall lapse.
(46) $68,000 of the general fundstate appropriation for fiscal year 2023 and $67,000 of the general fundfederal appropriation are provided solely to implement Senate Bill No. 5866 (medicaid LTSS/tribes). If the bill is not enacted by June 30, 2022, the amounts provided in this subsection shall lapse.
(47) $82,000 of the general fundstate appropriation for fiscal year 2023 and $82,000 of the general fundfederal appropriation are provided solely to implement Substitute House Bill No. 1980 (concurrent services). If the bill is not enacted by June 30, 2022, the amounts provided in this subsection shall lapse.
(48) $1,081,000 of the general fundstate appropriation for fiscal year 2023 and $1,200,000 of the general fundfederal appropriation are provided solely to increase rates for in-home private duty nursing and adult family home private duty nursing effective January 1, 2023.
(49) $23,000 of the general fundstate appropriation for fiscal year 2022, $28,561,000 of the general fundstate appropriation for fiscal year 2023, and $31,259,000 of the general fundfederal appropriation are provided solely to increase funding of the assisted living medicaid payment methodology in RCW 74.39A.032 and of the specialized dementia care rate methodology to 74 percent of full methodology funding, effective July 1, 2022.
(a) Of the amounts provided in this subsection, $23,000 of the general fundstate appropriation for fiscal year 2022, $39,000 of the general fundstate appropriation for fiscal year 2023, and $62,000 of the general fundfederal appropriation are provided solely for a one-time project staff position at the department to develop and submit a report to the governor and appropriate legislative committees no later than December 30, 2022. The report must include a review and summary of discharge regulations and notification requirements for assisted living providers, and include recommendations related to disclosure of providers' terms and conditions for medicaid resident acceptance.
(b) Following the submission of the report in (a) of this subsection and through the end of the 2021-2023 fiscal biennium, the department shall regularly review and report on medicaid resident utilization of and access to assisted living facilities.
(50) The long-term services and supports trust commission established in RCW 50B.04.030 must submit the results of the following activities, including any legislative recommendations, to the governor and appropriate legislative committees no later than January 1, 2023:
(a) The commission shall develop options for allowing persons who become qualified individuals and subsequently move outside of Washington to access benefits in another state if they meet the minimum assistance requirements to become an eligible beneficiary. The commission must include consideration of options for conducting eligibility determinations for qualified individuals who subsequently move outside of Washington, alternative forms of benefits for out-of-state eligible beneficiaries, methods of cross-state coordination on long-term services and supports providers, and timing implications of extending benefits to out-of-state eligible beneficiaries with respect to short-term program implementation and long-term collaboration with other states establishing similar programs.
(b) The commission shall develop options for requiring the ongoing verification of the maintenance of long-term care insurance coverage by persons who have received an exemption under RCW 50B.04.085, including consideration of procedures that minimize administrative burden, minimize negative impact on long-term services and supports trust account solvency, and incentivize maintenance of coverage.
(c) The commission shall develop options for providing workers who have received exemptions based on having private long-term care insurance pursuant to RCW 50B.04.085 an opportunity to rescind their exemption and permanently reenter the long-term services and supports trust program.
(51) $15,003,000 of the long-term services and supports trust accountstate appropriation is provided solely to implement the long-term services and supports trust program. The appropriations in this section include sufficient funding to implement chapter 1, Laws of 2022 (SHB 1732) (long-term care/delay) and chapter 2, Laws of 2022 (ESHB 1733) (long-term care/exemptions).
(52) $24,281,000 of the general fundstate appropriation in fiscal year 2023 and $24,281,000 of the general fundfederal appropriation are provided solely to increase skilled nursing facility medicaid rates in order to increase low-wage direct and indirect care worker wages by up to four dollars per hour effective July 1, 2022. Funding provided in this subsection is provided for purposes of wage equity.
(a) Of the amounts provided in this subsection, $22,303,000 of the general fundstate appropriation for fiscal year 2023 and $22,303,000 of the general fundfederal appropriation are provided solely to increase the fixed rate paid for direct care to no less than 111 percent of statewide case mix neutral median costs to increase low-wage direct care worker wages by up to four dollars per hour effective July 1, 2022. For the purpose of this subsection, "low-wage direct care workers" means certified nursing assistants, dietary workers, laundry workers, and other workers who provide direct care to patients and who have no managerial roles. The department shall determine each facility-specific wage equity funding amount in the direct care rate component by comparing the rate at 105 percent of the direct care median to the rate at 111 percent of the direct care median, and by multiplying the rate difference by the actual paid medicaid days over the July 1, 2022, through June 30, 2023 period.
(b) Of the amounts provided in this subsection, $1,978,000 of the general fundstate appropriation for fiscal year 2023 and $1,978,000 of the general fundfederal appropriation are provided solely to increase the fixed rate paid for indirect care to no less than 92 percent of statewide median costs to increase low-wage indirect care worker wages by up to four dollars per hour effective July 1, 2022. For the purpose of this subsection, "low-wage indirect care workers" means central supply workers and housekeeping workers. The department shall determine each facility-specific wage equity funding amount for the indirect care rate component by comparing the rate at 90 percent of the indirect care median to the rate at 92 percent of the indirect care median, and by multiplying the rate difference by the actual paid medicaid days over the July 1, 2022, through June 30, 2023 period.
(c) Working with stakeholders, the department shall develop and adopt rules to establish a verification process for each skilled nursing facility provider to demonstrate how the provider has used its wage equity funding to increase wages for low-wage workers by up to four dollars per hour, and for the department to recover any funding difference between each provider's wage equity funding and the amount of wage equity funding that the provider utilizes to increase low-wage worker wages. The verification process must use wages paid as of December 31, 2021, as the base wage to compare providers' wage spending in the designated job categories to the facility-specific amounts of wage equity funding provided in (a) and (b) of this subsection, excluding any amounts adjusted by settlement. The verification and recovery process in this subsection is a distinct and separate process from the settlement process described in RCW 74.46.022.
(d) It is the intent of the legislature that wage equity funding provided in this subsection be carried forward into the department's appropriation for the 2023-2025 fiscal biennium.
(53) $12,000,000 of the general fundstate appropriation for fiscal year 2023 and $12,000,000 of the general fundfederal appropriation are provided solely to increase the rate paid for area agency on aging case management services by 23 percent. During the 2021-2023 fiscal biennium, the department must base future budget requests to the legislature for area agency on aging case management services on a per-client monthly rate that is adjusted by a formula that accounts for any increases in the budgeted cost for comparable full-time equivalent state employees. The formula must account for all costs attributable to each comparable full-time equivalent state employee including but not limited to wages; benefits including health insurance; retirement contributions and taxes; goods and services; equipment; travel; and other comparable costs as mutually agreed upon between the department and the area agencies on aging.
Sec. 205. 2021 c 334 s 205 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF SOCIAL AND HEALTH SERVICESECONOMIC SERVICES PROGRAM
General FundState Appropriation (FY 2022)
. . . .
(($414,105,000))
     
$385,300,000
General FundState Appropriation (FY 2023)
. . . .
(($420,792,000))
     
$494,114,000
General FundFederal Appropriation
. . . .
(($1,528,996,000))
     
$1,613,923,000
General FundPrivate/Local Appropriation
. . . .
$5,274,000
Domestic Violence Prevention AccountState
Appropriation
. . . .
$2,404,000
Coronavirus State Fiscal Recovery FundFederal
Appropriation
. . . .
$345,399,000
TOTAL APPROPRIATION
. . . .
(($2,716,970,000))
     
$2,846,414,000
The appropriations in this section are subject to the following conditions and limitations:
(1)(a) (($118,168,000))$68,919,000 of the general fund—state appropriation for fiscal year 2022, (($119,846,000))$124,256,000 of the general fund—state appropriation for fiscal year 2023, and (($859,678,000))$894,730,000 of the general fundfederal appropriation are provided solely for all components of the WorkFirst program. Within the amounts provided for the WorkFirst program, the department may provide assistance using state-only funds for families eligible for temporary assistance for needy families. The department must create a WorkFirst budget structure that allows for transparent tracking of budget units and subunits of expenditures where these units and subunits are mutually exclusive from other department budget units. The budget structure must include budget units for the following: Cash assistance, child care, WorkFirst activities, and administration of the program. Within these budget units, the department must develop program index codes for specific activities and develop allotments and track expenditures using these codes. The department shall report to the office of financial management and the relevant fiscal and policy committees of the legislature prior to adopting a structure change.
(b) (($386,329,000))$371,171,000 of the amounts in (a) of this subsection is for assistance to clients, including grants, diversion cash assistance, and additional diversion emergency assistance including but not limited to assistance authorized under RCW 74.08A.210. The department may use state funds to provide support to working families that are eligible for temporary assistance for needy families but otherwise not receiving cash assistance. Of the amounts provided in this subsection (1)(b):
(i) (($10,914,000))$7,776,000 of the general fundstate appropriation for fiscal year 2022, (($14,104,000))$9,729,000 of the general fundstate appropriation for fiscal year 2023, and $27,226,000 of the general fundfederal appropriation are provided solely for the department to increase the temporary assistance for needy family grant standard by 15 percent, effective July 1, 2021.
(ii) $10,744,000 of the general fundfederal appropriation of the amounts in (a) of this subsection are provided solely for the department to provide cash assistance to households who have exceeded the 60 month time limit in the temporary assistance for needy families program, pursuant to RCW 74.08A.010(5), through June 30, 2022. Because funding for this specific purpose is provided only through fiscal year 2022, pursuant to section 4 of Second Substitute Senate Bill No. 5214, the bill takes effect 90 days after final adjournment of the legislative session in which it is enacted.
(iii) (($3,420,000))$9,950,000 of the general fundstate appropriation for fiscal year 2023 and $2,126,000 of the general fundfederal appropriation are provided solely for the ((cost of benefits associated with the implementation of Second Substitute Senate Bill No. 5214 (economic assistance programs)))department to provide cash assistance to households who have exceeded the 60 month time limit in the temporary assistance for needy families program, pursuant to RCW 74.08A.010(5), through June 30, 2023. ((If the bill is not enacted by June 30, 2021, the amount provided in this subsection shall lapse. The department is directed to provide the high-unemployment time-limit extension approved under the bill upon the expiration of the 60-month time limit extension pursuant to (b)(ii) of this subsection.))
(iv) $217,000 of the general fundstate appropriation for fiscal year 2022 and $863,000 of the general fundfederal appropriation are provided solely for costs in state fiscal year 2022 that are associated with the temporary suspension of the mid-certification review and extension of the eligibility review between November 2020 and June 2021 for the temporary assistance for needy families program.
(v) $50,000 of the general fundfederal appropriation is provided solely to increase the monthly payment standard for households with nine or more assistance unit members that are receiving temporary assistance for needy families or state family assistance benefits, effective July 1, 2022.
(c) (($172,917,000))$176,701,000 of the amounts in (a) of this subsection is for WorkFirst job search, education and training activities, barrier removal services, limited English proficiency services, and tribal assistance under RCW 74.08A.040. The department must allocate this funding based on client outcomes and cost effectiveness measures. Within amounts provided in this subsection (1)(c), the department shall implement the working family support program.
(i) $5,952,000 of the general fundstate appropriation for fiscal year 2022 and $157,000 of the general fundfederal appropriation of the amounts in (a) of this subsection are provided solely for the WorkFirst services costs associated with the expansion of the 60 month time limit in the temporary assistance for needy families program for households described in RCW 74.08A.010(5).
(ii) $2,474,000 of the amounts provided in this subsection (1)(c) is for enhanced transportation assistance. The department must prioritize the use of these funds for the recipients most in need of financial assistance to facilitate their return to work. The department must not utilize these funds to supplant repayment arrangements that are currently in place to facilitate the reinstatement of drivers' licenses.
(iii) $378,000 of the general fundstate appropriation for fiscal year 2022 and $568,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for WorkFirst services costs associated with the implementation of chapter 320, Laws of 2020 (revising economic assistance programs).
(iv) $748,000 of the general fundstate appropriation for fiscal year 2022, $760,000 of the general fundstate appropriation for fiscal year 2023, and $1,706,000 of the general fundfederal appropriation are provided solely for WorkFirst services costs associated with the implementation of chapter 338, Laws of 2020 (improving access to temporary assistance for needy families).
(v) (($3,701,000))$7,230,000 of the general fundstate appropriation for fiscal year 2023 is provided solely for the WorkFirst costs associated with ((the implementation of Second Substitute Senate Bill No. 5214 (economic assistance programs)))the extension of the 60 month time limit through June 30, 2023. ((If the bill is not enacted by June 30, 2021, the amount provided in this section shall lapse.))
(d) Of the amounts in (a) of this subsection, (($353,402,000))$318,402,000 of the general fundfederal appropriation is for the working connections child care program under RCW 43.216.020 within the department of children, youth, and families. The department is the lead agency for and recipient of the federal temporary assistance for needy families grant. A portion of this grant must be used to fund child care subsidies expenditures at the department of children, youth, and families.
(i) The department of social and health services shall work in collaboration with the department of children, youth, and families to determine the appropriate amount of state expenditures for the working connections child care program to claim towards the state's maintenance of effort for the temporary assistance for needy families program. The departments will also collaborate to track the average monthly child care subsidy caseload and expenditures by fund type, including child care development fund, general fundstate appropriation, and temporary assistance for needy families for the purpose of estimating the annual temporary assistance for needy families reimbursement from the department of social and health services to the department of children, youth, and families.
(ii) Effective September 30, 2022, and annually thereafter, the department of children, youth, and families must report to the governor and the appropriate fiscal and policy committees of the legislature the total state contribution for the working connections child care program claimed the previous fiscal year towards the state's maintenance of effort for the temporary assistance for needy families program and the total temporary assistance for needy families reimbursement from the department of social and health services for the previous fiscal year.
(e) Of the amounts in (a) of this subsection, $68,496,000 of the general fundfederal appropriation is for child welfare services within the department of children, youth, and families.
(f) Of the amounts in (a) of this subsection, (($116,195,000))$121,920,000 is for WorkFirst administration and overhead. Of the amounts provided in this subsection (1)(f):
(i) $399,000 of the general fundstate appropriation for fiscal year 2022 and $805,000 of the general fundstate appropriation for fiscal year 2023 of the amounts in (a) of this subsection ((is))are provided solely for administrative and overhead costs associated with the expansion of the 60 month time limit in the temporary assistance for needy families program for households described in RCW 74.08A.010(5).
(ii) $43,000 of the general fundstate appropriation in fiscal year 2022 and $43,000 of the general fundstate appropriation in fiscal year 2023 are provided solely for administrative and overhead costs associated with the implementation of chapter 320, Laws of 2020 (revising economic assistance programs).
(iii) $1,215,000 of the general fundfederal appropriation is provided solely for administrative and overhead costs associated with the implementation of chapter 338, Laws of 2020 (improving access to temporary assistance for needy families).
(iv) $512,000 of the general fundstate appropriation for fiscal year 2022 is provided solely for administrative and overhead costs associated with the implementation of Second Substitute Senate Bill No. 5214 (economic assistance programs). ((If the bill is not enacted by June 30, 2021, the amount provided in this subsection shall lapse.)) The department is directed to use the funding provided in this subsection to make information technology changes necessary to provide the high-unemployment time-limit extension approved under the bill beginning July 1, 2022.
(g)(i) The department shall submit quarterly expenditure reports to the governor, the fiscal committees of the legislature, and the legislative WorkFirst poverty reduction oversight task force under RCW 74.08A.341. In addition to these requirements, the department must detail any fund transfers across budget units identified in (a) through (e) of this subsection. The department shall not initiate any services that require expenditure of state general fund moneys that are not consistent with policies established by the legislature.
(ii) The department may transfer up to ten percent of funding between budget units identified in (b) through (f) of this subsection. The department shall provide notification prior to any transfer to the office of financial management and to the appropriate legislative committees and the legislative-executive WorkFirst poverty reduction oversight task force. The approval of the director of financial management is required prior to any transfer under this subsection.
(h) Each calendar quarter, the department shall provide a maintenance of effort and participation rate tracking report for temporary assistance for needy families to the office of financial management, the appropriate policy and fiscal committees of the legislature, and the legislative-executive WorkFirst poverty reduction oversight task force. The report must detail the following information for temporary assistance for needy families:
(i) An overview of federal rules related to maintenance of effort, excess maintenance of effort, participation rates for temporary assistance for needy families, and the child care development fund as it pertains to maintenance of effort and participation rates;
(ii) Countable maintenance of effort and excess maintenance of effort, by source, provided for the previous federal fiscal year;
(iii) Countable maintenance of effort and excess maintenance of effort, by source, for the current fiscal year, including changes in countable maintenance of effort from the previous year;
(iv) The status of reportable federal participation rate requirements, including any impact of excess maintenance of effort on participation targets;
(v) Potential new sources of maintenance of effort and progress to obtain additional maintenance of effort;
(vi) A two-year projection for meeting federal block grant and contingency fund maintenance of effort, participation targets, and future reportable federal participation rate requirements; and
(vii) Proposed and enacted federal law changes affecting maintenance of effort or the participation rate, what impact these changes have on Washington's temporary assistance for needy families program, and the department's plan to comply with these changes.
(i) In the 2021-2023 fiscal biennium, it is the intent of the legislature to provide appropriations from the state general fund for the purposes of (a) of this subsection if the department does not receive additional federal temporary assistance for needy families contingency funds in each fiscal year as assumed in the budget outlook.
(2) $2,545,000 of the general fundstate appropriation for fiscal year 2022 and $2,546,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for naturalization services.
(3) $2,366,000 of the general fundstate appropriation for fiscal year 2022 is provided solely for employment services for refugees and immigrants, of which $1,774,000 is provided solely for the department to pass through to statewide refugee and immigrant assistance organizations for limited English proficiency pathway services; and $2,366,000 of the general fundstate appropriation for fiscal year 2023 is provided solely for employment services for refugees and immigrants, of which $1,774,000 is provided solely for the department to pass through to statewide refugee and immigrant assistance organizations for limited English proficiency pathway services.
(4) On January 1, 2022, and January 1, 2023, the department must report to the governor and the legislature on all sources of funding available for both refugee and immigrant services and naturalization services during the current fiscal year and the amounts expended to date by service type and funding source. The report must also include the number of clients served and outcome data for the clients.
(5) To ensure expenditures remain within available funds appropriated in this section, the legislature establishes the benefit under the state food assistance program, pursuant to RCW 74.08A.120, to be one hundred percent of the federal supplemental nutrition assistance program benefit amount.
(6) The department shall review clients receiving services through the aged, blind, or disabled assistance program, to determine whether they would benefit from assistance in becoming naturalized citizens, and thus be eligible to receive federal supplemental security income benefits. Those cases shall be given high priority for naturalization funding through the department.
(7) The department shall continue the interagency agreement with the department of veterans' affairs to establish a process for referral of veterans who may be eligible for veterans' services. This agreement must include out-stationing department of veterans' affairs staff in selected community service office locations in King and Pierce counties to facilitate applications for veterans' services.
(8) $1,500,000 of the general fundstate appropriation for fiscal year 2022 and $1,500,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for operational support of the Washington information network 211 organization.
(9) $609,000 of the general fundstate appropriation for fiscal year 2022 and $380,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for the implementation of section 2, chapter 9, Laws of 2021 (SHB 1151) (public assistance), a state-funded cash benefit program and transitional food assistance program for households with children that are recipients of the supplemental nutrition assistance program of the food assistance program but are not recipients of the temporary assistance for needy families program.
(10) $377,000 of the general fundstate appropriation for fiscal year 2022 and $377,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for the consolidated emergency assistance program.
(11) $77,000 of the general fundstate appropriation for fiscal year 2022 is provided solely for the department to conduct a study, jointly with the poverty reduction work group, on the feasibility of implementing a universal basic income pilot program. The study must include research of other universal basic income programs, recommendations for a pilot in Washington, a cost-benefit analysis, operational costs, and an implementation plan that includes a strategy to ensure pilot participants who voluntarily quit a public assistance program to enroll in the universal basic income pilot will not experience gaps in service upon completion of the pilot. The department shall submit recommendations required by this section to the governor and appropriate legislative committees no later than June 1, 2022.
(12) $251,000 of the general fundstate appropriation for fiscal year 2022 is provided solely for costs in state fiscal year 2022 that are associated with the temporary suspension of mid-certification reviews and extension of the eligibility review between November 2020 and June 2021 for the aged, blind, or disabled program.
(13) $388,000 of the general fundstate appropriation for fiscal year 2022 is provided solely for costs in fiscal year 2022 that are associated with the temporary suspension of mid-certification reviews and extension of the eligibility review between November 2020 and June 2021 for the food assistance program.
(14) $5,399,000 of the coronavirus state fiscal recovery accountfederal appropriation is provided solely for the department to increase benefits for the food assistance program to maintain parity with benefits provided under the supplemental nutrition assistance program, for the period of July 1, 2021, through ((September 30, 2021))January 31, 2022.
(15) $340,000,000 of the coronavirus state fiscal recovery fundfederal appropriation is provided solely for the Washington immigrant relief fund, a disaster assistance program to provide grants to eligible persons. Administrative costs may not exceed 10 percent of the funding in this subsection.
(a) A person is eligible for a grant who:
(i) Lives in Washington state;
(ii) Is at least 18 years of age;
(iii) After January 1, 2021, and before June 30, 2023, has been significantly affected by the coronavirus pandemic, such as loss of employment or significant reduction in work hours, contracting the coronavirus, having to self-quarantine as a result of exposure to the coronavirus, caring for a family member who contracted the coronavirus, or being unable to access childcare for children impacted by school or childcare closures; and
(iv) Is not eligible to receive federal economic impact (stimulus) payments or unemployment insurance benefits due to the person's immigration status.
(b) The department may not deny a grant to a person on the basis that another adult in the household is eligible for federal economic impact (stimulus) payments or unemployment insurance benefits or that the person previously received a grant under the program. However, a person may not receive more than three grants.
(c) The department's duty to provide grants is subject to the availability of the amounts specified in this subsection, and the department must prioritize grants to persons who are most in need of financial assistance using factors that include, but are not limited to: (i) Having an income at or below 250 percent of the federal poverty level; (ii) being the primary or sole income earner of household; (iii) experiencing housing instability; and (iv) having contracted or being at high risk of contracting the coronavirus.
(d) The department may contract with one or more entities to administer the program. If the department engages in a competitive contracting process for administration of the program, experience in administering similar programs must be given weight in the selection process to expedite the delivery of benefits to eligible applicants.
(16) $204,000 of the general fundstate appropriation for fiscal year 2022 and (($22,635,000))$22,766,000 of the general fundfederal appropriation (ARPA) are provided solely for the department to provide a one-time or short-term cash benefit to families eligible for pandemic emergency assistance under section 9201 of the American rescue plan act of 2021, P.L. 117-2, and to offer an equivalent benefit to eligible state family assistance or food assistance program recipients.
(17) $88,000 of the general fundstate appropriation for fiscal year 2022 and $89,000 of the general fundfederal appropriation are provided solely for the implementation of chapter 90, Laws of 2021 (SSB 5068) (postpartum period/Medicaid).
(18) $41,000 of the general fundstate appropriation for fiscal year 2022, $81,000 of the general fundstate appropriation for fiscal year 2023, and $237,000 of the general fundfederal appropriation are provided solely for implementation of Substitute House Bill No. 1416 (insurers/child support coll.). ((If the bill is not enacted by June 30, 2021, the amounts provided in this subsection shall lapse.))
(19) $11,884,000 of the general fundstate appropriation for fiscal year 2022 and $15,248,000 of the general fundfederal appropriation are provided solely to cover the variance in total child support arrears collected in fiscal year 2022 compared to the total arrears collected in fiscal year 2021.
(20) $36,621,000 of the general fundstate appropriation for fiscal year 2023 is provided solely to increase the grant standard for the aged, blind, or disabled program to a maximum of $417 per month for a one-person grant and $528 for a two-person grant effective September 1, 2022.
(21) $510,000 of the general fundstate appropriation for fiscal year 2023 is provided solely to eliminate the mid-certification review for blind or disabled participants in the aged, blind, or disabled program, effective July 1, 2022.
(22) $195,000 of the general fundstate appropriation for fiscal year 2023 is provided solely to expand the aged, blind, or disabled program's clothing, personal maintenance, and necessary incidentals grant to individuals between the ages of 21 and 64 who are residing in a public mental institution, effective September 1, 2022.
(23) $207,000 of the general fundstate appropriation for fiscal year 2023 is provided solely to implement House Bill No. 1748 (human trafficking/ABD prog.). If the bill is not enacted by June 30, 2022, the amount provided in this subsection shall lapse.
(24) $560,000 of the general fundstate appropriation for fiscal year 2023 is provided solely to implement a state-funded employment and training program for recipients of the state's food assistance program, effective July 1, 2022.
(25) $524,000 of the general fundstate appropriation for fiscal year 2023 is provided solely for extending the transitional food assistance program to households receiving assistance under the temporary assistance to needy families program, where a household member is in sanction status.
(26) $95,000 of the general fundstate appropriation for fiscal year 2023 and $61,000 of the general fundfederal appropriation are provided solely to remove the asset limit test for the medicare savings plan program in collaboration with the health care authority, effective January 1, 2023.
(27) $207,000 of the general fundstate appropriation for fiscal year 2023 is provided solely for system upgrades necessary for the anticipated expansion of medicaid equivalent health care coverage to adults with income up to 138 percent of the federal poverty level regardless of immigration status in collaboration with the health care authority.
(28) $14,987,000 of the general fundstate appropriation for fiscal year 2023 is provided solely for the department to contract with nonprofit organizations to provide services for Afghan refugees, which include, but are not limited to, emergency, temporary, and long-term housing and assistance with food, transportation, accessing childhood education services, applying for benefits and immigrant services, education and employment support, and social services navigation.
(29) $750,000 of the general fundstate appropriation for fiscal year 2023 is provided solely for the department to provide funding to domestic violence services providers in Washington state that receive funding through the domestic violence services program and provide shelter services. The funding to each entity shall be proportionate, based upon bed capacity. This funding shall be in addition to any other funds previously provided to or scheduled to be provided under a contract with the domestic violence services program in the 2021-2023 fiscal biennium.
(30) $5,100,000 of the general fundstate appropriation for fiscal year 2023 is provided solely for the department to provide a $50 monthly diaper benefit for households receiving benefits pursuant to the temporary assistance for needy families program that have a child under the age of three.
(31) The appropriations in this section include sufficient funding for the implementation of Engrossed Second Substitute House Bill No. 2075 (DSHS service requirements).
Sec. 206. 2021 c 334 s 206 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF SOCIAL AND HEALTH SERVICESVOCATIONAL REHABILITATION PROGRAM
General FundState Appropriation (FY 2022)
. . . .
(($16,231,000))
     
$17,365,000
General FundState Appropriation (FY 2023)
. . . .
(($16,456,000))
     
$17,619,000
General FundFederal Appropriation
. . . .
$109,595,000
TOTAL APPROPRIATION
. . . .
(($142,282,000))
     
$144,579,000
The appropriations in this section are subject to the following conditions and limitations: $40,000 of the general fundstate appropriation for fiscal year 2022 and $40,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for implementation of Second Substitute House Bill No. 1061 (child welfare/dev disability). ((If the bill is not enacted by June 30, 2021, the amounts provided in this subsection shall lapse.))
Sec. 207. 2021 c 334 s 207 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF SOCIAL AND HEALTH SERVICESSPECIAL COMMITMENT PROGRAM
General FundState Appropriation (FY 2022)
. . . .
(($63,650,000))
     
$65,093,000
General FundState Appropriation (FY 2023)
. . . .
(($61,748,000))
     
$63,661,000
TOTAL APPROPRIATION
. . . .
(($125,398,000))
     
$128,754,000
The appropriations in this section are subject to the following conditions and limitations:
(1) The special commitment center may use funds appropriated in this subsection to purchase goods and supplies through hospital group purchasing organizations when it is cost-effective to do so.
(2) $1,204,000 of the general fundstate appropriation for fiscal year 2022 and $1,079,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for specialized equipment and additional medical staff to provide more capacity to deliver care to individuals housed at the total confinement facility. No later than November 1, 2023, the department shall report to the legislature on the number of individuals treated on the island that previously would have been transported off the island for treatment.
(3) $16,000 of the general fundstate appropriation for fiscal year 2022 and $15,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for the increased costs for personal computers leased through the department of enterprise services.
(4) $6,768,000 of the general fundstate appropriation for fiscal year 2022 and $4,496,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for implementation of Engrossed Second Substitute Senate Bill No. 5163 (conditionally released SVPs). ((If the bill is not enacted by June 30, 2021, the amounts provided in this subsection shall lapse.))
Sec. 208. 2021 c 334 s 208 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF SOCIAL AND HEALTH SERVICESADMINISTRATION AND SUPPORTING SERVICES PROGRAM
General FundState Appropriation (FY 2022)
. . . .
(($39,381,000))
     
$41,221,000
General FundState Appropriation (FY 2023)
. . . .
(($39,035,000))
     
$47,110,000
General FundFederal Appropriation
. . . .
(($51,371,000))
     
$54,008,000
TOTAL APPROPRIATION
. . . .
(($129,787,000))
     
$142,339,000
The appropriations in this section are subject to the following conditions and limitations:
(1) Within amounts appropriated in this section, the department shall provide to the department of health, where available, the following data for all nutrition assistance programs funded by the United States department of agriculture and administered by the department. The department must provide the report for the preceding federal fiscal year by February 1, 2022, and February 1, 2023. The report must provide:
(a) The number of people in Washington who are eligible for the program;
(b) The number of people in Washington who participated in the program;
(c) The average annual participation rate in the program;
(d) Participation rates by geographic distribution; and
(e) The annual federal funding of the program in Washington.
(2)(a) $3,000 of the general fundstate appropriation for fiscal year 2022, $5,000 of the general fundstate appropriation for fiscal year 2023, and $8,000 of the general fundfederal appropriation are provided solely for the implementation of an agreement reached between the governor and the Washington federation of state employees for the language access providers under the provisions of chapter 41.56 RCW for the 2021-2023 fiscal biennium.
(b) $20,000 of the general fundstate appropriation for fiscal year 2023 and $11,000 of the general fundfederal appropriation are provided solely for the implementation of an agreement reached between the governor and the Washington federation of state employees for the language access providers under the provisions of chapter 41.56 RCW for fiscal year 2023 as provided in section 937 of this act.
(3) By October 1, 2021, the department must submit a report to the fiscal committees of the legislature detailing shortcomings of the previously funded electronic health records system and contract, the clinical validity of existing software, approaches to mitigate the shortcomings of previously funded system, and a recommended approach to establishing a comprehensive electronic health records system at state facilities in the future.
(4) $39,000 of the general fundstate appropriation for fiscal year 2022 is provided solely to implement Substitute House Bill No. 1411 (health care workforce). ((If the bill is not enacted by June 30, 2021, the amount provided in this subsection shall lapse.))
(5) $3,640,000 of the general fundstate appropriation for fiscal year 2023 and $910,000 of the general fundfederal appropriation are provided solely to address encampment sites on public rights-of-way.
(6) $364,000 of the general fundstate appropriation for fiscal year 2023 is provided solely for the creation of a program director position and a project manager position tasked with ensuring an enterprise-wide approach to poverty reduction across Washington. These positions will convene and facilitate the poverty reduction subcabinet, track agency progress on poverty reduction efforts to build a stronger continuum of care, coordinate budget and policy proposals, and ensure that recommendations incorporate data prepared by the poverty reduction technical advisory group.
(7) $461,000 of the general fundstate appropriation for fiscal year 2023 is provided solely to create a poverty reduction technical advisory group that is tasked with developing a statewide measurement and data framework that can help inform future budget and policy decisions. This group must also track the state's progress towards creating a just and equitable future. This group must collaborate with communities experiencing poverty and the state office of equity to ensure their input is factored into the analysis of data.
Sec. 209. 2021 c 334 s 209 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF SOCIAL AND HEALTH SERVICESPAYMENTS TO OTHER AGENCIES PROGRAM
General FundState Appropriation (FY 2022)
. . . .
(($65,743,000))
     
$66,890,000
General FundState Appropriation (FY 2023)
. . . .
(($56,529,000))
     
$57,639,000
General FundFederal Appropriation
. . . .
(($53,229,000))
     
$53,270,000
TOTAL APPROPRIATION
. . . .
(($175,501,000))
     
$177,799,000
The appropriations in this section are subject to the following conditions and limitations: Within the amounts appropriated in this section, the department must extend master property insurance to all buildings owned by the department valued over $250,000 and to all locations leased by the department with contents valued over $250,000.
Sec. 210. 2021 c 334 s 210 (uncodified) is amended to read as follows:
FOR THE STATE HEALTH CARE AUTHORITY
(1)(a) During the 2021-2023 fiscal biennium, the health care authority shall provide support and data as required by the office of the state actuary in providing the legislature with health care actuarial analysis, including providing any information in the possession of the health care authority or available to the health care authority through contracts with providers, plans, insurers, consultants, or any other entities contracting with the health care authority.
(b) Information technology projects or investments and proposed projects or investments impacting time capture, payroll and payment processes and systems, eligibility, case management, and authorization systems within the health care authority are subject to technical oversight by the office of the chief information officer.
(2) The health care authority shall not initiate any services that require expenditure of state general fund moneys unless expressly authorized in this act or other law. The health care authority may seek, receive, and spend, under RCW 43.79.260 through 43.79.282, federal moneys not anticipated in this act as long as the federal funding does not require expenditure of state moneys for the program in excess of amounts anticipated in this act. If the health care authority receives unanticipated unrestricted federal moneys, those moneys shall be spent for services authorized in this act or in any other legislation providing appropriation authority, and an equal amount of appropriated state general fund moneys shall lapse. Upon the lapsing of any moneys under this subsection, the office of financial management shall notify the legislative fiscal committees. As used in this subsection, "unrestricted federal moneys" includes block grants and other funds that federal law does not require to be spent on specifically defined projects or matched on a formula basis by state funds.
(3)(a) The health care authority, the health benefit exchange, the department of social and health services, the department of health, and the department of children, youth, and families shall work together within existing resources to establish the health and human services enterprise coalition (the coalition). The coalition, led by the health care authority, must be a multi-organization collaborative that provides strategic direction and federal funding guidance for projects that have cross-organizational or enterprise impact, including information technology projects that affect organizations within the coalition. The office of the chief information officer shall maintain a statewide perspective when collaborating with the coalition to ensure that projects are planned for in a manner that ensures the efficient use of state resources, supports the adoption of a cohesive technology and data architecture, and maximizes federal financial participation. The work of the coalition and any project identified as a coalition project is subject to the conditions, limitations, and review provided in section 701 of this act.
(b) The health care authority must submit a report on November 1, 2021, and annually thereafter, to the fiscal committees of the legislature. The report must include, at a minimum:
(i) A list of active coalition projects as of July 1st of the fiscal year. This must include all current and ongoing coalition projects, which coalition agencies are involved in these projects, and the funding being expended on each project, including in-kind funding. For each project, the report must include which federal requirements each coalition project is working to satisfy, and when each project is anticipated to satisfy those requirements; and
(ii) A list of coalition projects that are planned in the current and following fiscal year. This must include which coalition agencies are involved in these projects, including the anticipated in-kind funding by agency, and if a budget request will be submitted for funding. This must reflect all funding required by fiscal year and by fund source and include the budget outlook period.
(4) The appropriations to the health care authority in this act shall be expended for the programs and in the amounts specified in this act. However, after May 1, 2022, unless prohibited by this act, the authority may transfer general fundstate appropriations for fiscal year 2022 among programs after approval by the director of the office of financial management. To the extent that appropriations in sections 211 through 215 of this act are insufficient to fund actual expenditures in excess of caseload forecast and utilization assumptions or for expenses in response to the COVID-19 pandemic, the authority may transfer general fundstate appropriations for fiscal year 2022 that are provided solely for a specified purpose. The authority may not transfer funds, and the director of the office of financial management shall not approve the transfer, unless the transfer is consistent with the objective of conserving, to the maximum extent possible, the expenditure of state funds. The director of the office of financial management shall notify the appropriate fiscal committees of the legislature in writing seven days prior to approving any allotment modifications or transfers under this section. The written notification must include a narrative explanation and justification of changes, along with expenditures and allotments by budget unit and appropriation, both before and after any allotment modifications and transfers.
Sec. 211. 2021 c 334 s 211 (uncodified) is amended to read as follows:
FOR THE STATE HEALTH CARE AUTHORITYMEDICAL ASSISTANCE
General FundState Appropriation (FY 2022)
. . . .
(($2,516,277,000))
     
$2,391,714,000
General FundState Appropriation (FY 2023)
. . . .
(($2,439,933,000))
     
$2,599,132,000
General FundFederal Appropriation
. . . .
(($13,199,214,000))
     
$13,758,844,000
General FundPrivate/Local Appropriation
. . . .
(($355,726,000))
     
$405,121,000
Emergency Medical Services and Trauma Care Systems
Trust AccountState Appropriation
. . . .
$15,086,000
Hospital Safety Net Assessment AccountState
Appropriation
. . . .
(($723,238,000))
     
$685,383,000
Dedicated Marijuana AccountState Appropriation
(FY 2022)
. . . .
(($24,511,000))
     
$26,063,000
Dedicated Marijuana AccountState Appropriation
(FY 2023)
. . . .
(($25,182,000))
     
$25,721,000
Medical Aid AccountState Appropriation
. . . .
$540,000
Telebehavioral Health Access AccountState
Appropriation
. . . .
$7,714,000
Coronavirus State Fiscal Recovery FundFederal
Appropriation
. . . .
$35,000,000
Ambulance Transport FundState Appropriation
. . . .
$14,317,000
TOTAL APPROPRIATION
. . . .
(($19,342,421,000))
     
$19,964,635,000
The appropriations in this section are subject to the following conditions and limitations:
(1) The authority shall not accept or expend any federal funds received under a medicaid transformation waiver under healthier Washington except as described in subsections (2), (3), and (4) of this section until specifically approved and appropriated by the legislature. To ensure compliance with legislative directive budget requirements and terms and conditions of the waiver, the authority shall implement the waiver and reporting requirements with oversight from the office of financial management. The legislature finds that appropriate management of the innovation waiver requires better analytic capability, transparency, consistency, timeliness, accuracy, and lack of redundancy with other established measures and that the patient must be considered first and foremost in the implementation and execution of the demonstration waiver. In order to effectuate these goals, the authority shall: (a) Require the Dr. Robert Bree collaborative and the health technology assessment program to reduce the administrative burden upon providers by only requiring performance measures that are nonduplicative of other nationally established measures. The joint select committee on health care oversight will evaluate the measures chosen by the collaborative and the health technology assessment program for effectiveness and appropriateness; (b) develop a patient satisfaction survey with the goal to gather information about whether it was beneficial for the patient to use the center of excellence location in exchange for additional out-of-pocket savings; (c) ensure patients and health care providers have significant input into the implementation of the demonstration waiver, in order to ensure improved patient health outcomes; and (d) in cooperation with the department of social and health services, consult with and provide notification of work on applications for federal waivers, including details on waiver duration, financial implications, and potential future impacts on the state budget, to the joint select committee on health care oversight prior to submitting waivers for federal approval. The authority shall submit an application to the centers for medicaid and medicare services to extend the duration of the medicaid transformation waiver under healthier Washington as described in subsections (2), (3), and (4) of this section by one year. If not extended, by federal standard, the medicaid transformation demonstration waiver shall not exceed the duration originally granted by the centers for medicare and medicaid services and any programs created or funded by this waiver do not create an entitlement.
(2)(a) No more than (($63,052,000))$78,409,000 of the general fundfederal appropriation and no more than (($50,840,000))$66,264,000 of the general fundlocal appropriation may be expended for transformation through accountable communities of health described in initiative 1 of the medicaid transformation demonstration wavier under healthier Washington, including preventing youth drug use, opioid prevention and treatment, and physical and behavioral health integration. Under this initiative, the authority shall take into account local input regarding community needs. In order to ensure transparency to the appropriate fiscal committees of the legislature, the authority shall provide fiscal staff of the legislature query ability into any database of the fiscal intermediary that authority staff would be authorized to access. The authority shall not increase general fundstate expenditures under this initiative. The director shall also report to the fiscal committees of the legislature all of the expenditures under this subsection and shall provide such fiscal data in the time, manner, and form requested by the legislative fiscal committees.
(b) No more than (($243,047,000))$198,909,000 of the general fund—federal appropriation and no more than (($99,274,000))$81,245,000 of the general fund—private/local appropriation may be expended for the medicaid quality improvement program. Under federal regulations, the medicaid quality improvement program is authorized and allows states to design quality improvement programs for the medicaid population in ways that support the state's quality goals. Medicaid quality improvement program payments will not count against the medicaid transformation demonstration waiver spending limits and are excluded from the waiver's budget neutrality calculation. Apple health managed care organizations and their partnering providers will receive medicaid quality improvement program payments as they meet designated milestones. Partnering providers and apple health managed care organizations will work together to achieve medicaid quality improvement program goals according to the performance period timelines and reporting deadlines as set forth by the authority. The authority shall only utilize the medicaid quality improvement program to support the transformation waiver and shall not pursue its use for other purposes. Any programs created or funded by the medicaid quality improvement program does not create an entitlement. The authority shall not increase general fund—state, federal, or private/local expenditures under this program. The director shall report to the joint select committee on health care oversight not less than quarterly on financial and health outcomes. The director shall report to the fiscal committees of the legislature all of the expenditures under this subsection and shall provide such fiscal data in the time, manner, and form requested by the legislative fiscal committees.
(3) No more than $26,837,000 of the general fundfederal appropriation and $26,839,000 of the general fundlocal appropriation may be expended for tailored support for older adults and medicaid alternative care described in initiative 2 of the medicaid transformation demonstration waiver under healthier Washington as well as administrative expenses for initiative 3. The authority shall contract and provide funding to the department of social and health services to administer initiative 2. The director in cooperation with the secretary of the department of social and health services shall report to the office of financial management all of the expenditures of this section and shall provide such fiscal data in the time, manner, and form requested. The authority shall not increase general fundstate expenditures on this initiative.
(4) No more than (($50,389,000))$28,680,000 of the general fundfederal appropriation and no more than (($22,862,000))$12,992,000 of the general fundlocal appropriation may be expended for supported housing and employment services described in initiative 3a and 3b of the medicaid transformation demonstration waiver under healthier Washington. Under this initiative, the authority and the department of social and health services shall ensure that allowable and necessary services are provided to eligible clients as identified by the department or its third party administrator. The authority shall not increase general fundstate expenditures under this initiative. The director shall report to the joint select committee on health care oversight no less than quarterly on financial and health outcomes. The director shall also report to the fiscal committees of the legislature all of the expenditures of this subsection and shall provide such fiscal data in the time, manner, and form requested by the legislative fiscal committees.
(5) The authority shall submit an application to the centers for medicare and medicaid services to renew the 1115 demonstration waiver for an additional five years as described in subsections (2), (3), and (4) of this section. The authority may not accept or expend any federal funds received under an 1115 demonstration waiver except as described in this section unless the legislature has appropriated the federal funding. To ensure compliance with legislative requirements and terms and conditions of the waiver, the authority shall implement the renewal of the 1115 demonstration waiver and reporting requirements with oversight from the office of financial management. The legislature finds that appropriate management of the renewal of the 1115 demonstration waiver as set forth in subsections (6), (7), and (8) of this section requires sound, consistent, timely, and transparent oversight and analytic review in addition to lack of redundancy with other established measures. The patient must be considered first and foremost in the implementation and execution of the demonstration waiver. To accomplish these goals, the authority shall develop consistent performance measures that focus on population health and health outcomes. The authority shall limit the number of projects that accountable communities of health may participate in both under MQIP and initiative 1 to a maximum of six and shall seek to develop common performance measures when possible. The joint select committee on health care oversight will evaluate the measures chosen: (a) For effectiveness and appropriateness; and (b) to provide patients and health care providers with significant input into the implementation of the demonstration waiver to promote improved population health and patient health outcomes. In cooperation with the department of social and health services, the authority shall consult with and provide notification of work on applications for federal waivers, including details on waiver duration, financial implications, and potential future impacts on the state budget to the joint select committee on health care oversight prior to submitting these waivers for federal approval. Prior to final approval or acceptance of funds by the authority, the authority shall submit the special terms and conditions as submitted to the centers for medicare and medicaid services and the anticipated budget for the duration of the renewed waiver to the governor, the joint select committee on health care, and the fiscal committees of the legislature. By federal standard any programs created or funded by this waiver do not create an entitlement.
(6)(a) $32,432,000 of the general fundfederal appropriation and $40,296,000 of the general fundprivate/local appropriation are provided solely for accountable communities of health described in initiative 1 of the 1115 demonstration waiver and this is the maximum amount that may be expended for this purpose. In renewing this initiative, the authority shall consider local input regarding community needs and shall limit total local projects to no more than six. To provide transparency to the appropriate fiscal committees of the legislature, the authority shall provide fiscal staff of the legislature query ability into any database of the fiscal intermediary that authority staff would be authorized to access. The authority shall not supplement the amounts provided in this subsection with any general fundstate moneys appropriated in this section or any moneys that may be transferred pursuant to subsection (1) of this section. The director shall report to the fiscal committees of the legislature all expenditures under this subsection and provide such fiscal data in the time, manner, and form requested by the legislative fiscal committees.
(b) $110,778,000 of the general fundfederal appropriation and $45,248,000 of the general fundprivate/local appropriation are provided solely for the medicaid quality improvement program, and this is the maximum amount that may be expended for this purpose. Medicaid quality improvement program payments do not count against the 1115 demonstration waiver spending limits and are excluded from the waiver's budget neutrality calculation. The authority may provide medicaid quality improvement program payments to apple health managed care organizations and their partnering providers as they meet designated milestones. Partnering providers and apple health managed care organizations must work together to achieve medicaid quality improvement program goals according to the performance period timelines and reporting deadlines as set forth by the authority. The authority may only use the medicaid quality improvement program to support accountable communities of health, tailored support for older adults and medicaid alternative care, and foundational community supports, also referred to as initiatives 1, 2, and 3, as described in the 1115 demonstration waiver and may not pursue its use for other purposes. Any programs created or funded by the medicaid quality improvement program do not constitute an entitlement for clients or providers. The authority shall not supplement the amounts provided in this subsection with any general fundstate moneys appropriated in this section or any moneys that may be transferred pursuant to subsection (1) of this section. The director shall report to the joint select committee on health care oversight not less than quarterly on financial and health outcomes. The director shall report to the fiscal committees of the legislature all expenditures under this subsection and shall provide such fiscal data in the time, manner, and form requested by the legislative fiscal committees.
(c) In collaboration with the accountable communities of health, the authority will submit a report to the governor and the joint select committee on health care oversight describing how each of the accountable community of health's work aligns with the community needs assessment no later than December 1, 2022.
(d) Performance measures and payments for accountable communities of health shall reflect accountability measures that demonstrate progress toward transparent, measurable, and meaningful goals that have an impact on improved population health and improved health outcomes, including a path to financial sustainability. While these goals may have variation to account for unique community demographics, measures should be standardized when possible.
(7) $19,902,000 of the general fundfederal appropriation and $19,903,000 of the general fundlocal appropriation are provided solely for tailored support for older adults and medicaid alternative care described in initiative 2 of the 1115 demonstration waiver as well as administrative expenses for initiative 3 and this is the maximum amount that may be expended for this purpose. The authority shall contract with and provide funding to the department of social and health services to administer initiative 2. The director in cooperation with the secretary of the department of social and health services shall report to the office of financial management all of the expenditures of this section and shall provide such fiscal data in the time, manner, and form requested. The authority shall not supplement the amounts provided in this subsection with any general fundstate moneys appropriated in this section or any moneys that may be transferred pursuant to subsection (1) of this section.
(8)(a) $13,235,000 of the general fundfederal appropriation and $7,318,000 of the general fundprivate/local appropriation are provided solely for supported housing and employment services described in initiative 3a and 3b of the 1115 demonstration waiver and this is the maximum amount that may be expended for this purpose. Under this initiative, the authority and the department of social and health services shall ensure that allowable and necessary services are provided to eligible clients as identified by the department or its third-party administrator. The authority and the department in consultation with the medicaid forecast work group, shall ensure that reasonable reimbursements are established for services deemed necessary within an identified limit per individual. The authority shall not supplement the amounts provided in this subsection with any general fundstate moneys appropriated in this section or any moneys that may be transferred pursuant to subsection (1) of this section. The director shall report to the joint select committee on health care oversight no less than quarterly on financial and health outcomes. The director shall also report to the fiscal committees of the legislature all of the expenditures of this subsection and shall provide such fiscal data in the time, manner, and form requested by the legislative fiscal committees.
(b) The authority and the department shall seek additional flexibilities for housing supports through the centers for medicare and medicaid services and shall coordinate with the office of financial management and the department of commerce to ensure that services are not duplicated.
(c) The director shall report to the joint select committee on health care oversight no less than quarterly on utilization and caseload statistics for both supportive housing and employment services and its progress toward increasing uptake and availability for these services.
(9) The authority shall submit a plan to preserve the waiver that allows for the full cost of stays in institutions for mental diseases to be included in managed care rates by November 1, 2021, to the appropriate committees of the legislature.
(((6)))(10) The authority shall submit a plan to preserve the waiver allowing for full federal financial participation for medical clients in mental health facilities classified as institutions for mental diseases by November 1, 2021, to the appropriate committees of the legislature.
(((7)))(11) Sufficient amounts are appropriated in this subsection to implement the medicaid expansion as defined in the social security act, section 1902(a)(10)(A)(i)(VIII).
(((8)))(12) The legislature finds that medicaid payment rates, as calculated by the health care authority pursuant to the appropriations in this act, bear a reasonable relationship to the costs incurred by efficiently and economically operated facilities for providing quality services and will be sufficient to enlist enough providers so that care and services are available to the extent that such care and services are available to the general population in the geographic area. The legislature finds that the cost reports, payment data from the federal government, historical utilization, economic data, and clinical input constitute reliable data upon which to determine the payment rates.
(((9)))(13) Based on quarterly expenditure reports and caseload forecasts, if the health care authority estimates that expenditures for the medical assistance program will exceed the appropriations, the health care authority shall take steps including but not limited to reduction of rates or elimination of optional services to reduce expenditures so that total program costs do not exceed the annual appropriation authority.
(((10)))(14) In determining financial eligibility for medicaid-funded services, the health care authority is authorized to disregard recoveries by Holocaust survivors of insurance proceeds or other assets, as defined in RCW 48.104.030.
(15) The legislature affirms that it is in the state's interest for Harborview medical center to remain an economically viable component of the state's health care system.
(((11)))(16) When a person is ineligible for medicaid solely by reason of residence in an institution for mental diseases, the health care authority shall provide the person with the same benefits as he or she would receive if eligible for medicaid, using state-only funds to the extent necessary.
(((12)))(17) $3,997,000 of the general fund—state appropriation for fiscal year 2022, $4,261,000 of the general fund—state appropriation for fiscal year 2023, and $8,786,000 of the general fund—federal appropriation are provided solely for low-income disproportionate share hospital payments.
(((13)))(18) Within the amounts appropriated in this section, the health care authority shall provide disproportionate share hospital payments to hospitals that provide services to children in the children's health program who are not eligible for services under Title XIX or XXI of the federal social security act due to their citizenship status.
(((14)))(19) $7,000,000 of the general fund—federal appropriation is provided solely for supplemental payments to nursing homes operated by public hospital districts. The public hospital district shall be responsible for providing the required nonfederal match for the supplemental payment, and the payments shall not exceed the maximum allowable under federal rules. It is the legislature's intent that the payments shall be supplemental to and shall not in any way offset or reduce the payments calculated and provided in accordance with part E of chapter 74.46 RCW. It is the legislature's further intent that costs otherwise allowable for rate-setting and settlement against payments under chapter 74.46 RCW shall not be disallowed solely because such costs have been paid by revenues retained by the nursing home from these supplemental payments. The supplemental payments are subject to retrospective interim and final cost settlements based on the nursing homes' as-filed and final medicare cost reports. The timing of the interim and final cost settlements shall be at the health care authority's discretion. During either the interim cost settlement or the final cost settlement, the health care authority shall recoup from the public hospital districts the supplemental payments that exceed the medicaid cost limit and/or the medicare upper payment limit. The health care authority shall apply federal rules for identifying the eligible incurred medicaid costs and the medicare upper payment limit.
(((15)))(20) The health care authority shall continue the inpatient hospital certified public expenditures program for the 2021-2023 fiscal biennium. The program shall apply to all public hospitals, including those owned or operated by the state, except those classified as critical access hospitals or state psychiatric institutions. The health care authority shall submit reports to the governor and legislature by November 1, 2021, and by November 1, 2022, that evaluate whether savings continue to exceed costs for this program. If the certified public expenditures (CPE) program in its current form is no longer cost-effective to maintain, the health care authority shall submit a report to the governor and legislature detailing cost-effective alternative uses of local, state, and federal resources as a replacement for this program. During fiscal year 2022 and fiscal year 2023, hospitals in the program shall be paid and shall retain one hundred percent of the federal portion of the allowable hospital cost for each medicaid inpatient fee-for-service claim payable by medical assistance and one hundred percent of the federal portion of the maximum disproportionate share hospital payment allowable under federal regulations. Inpatient medicaid payments shall be established using an allowable methodology that approximates the cost of claims submitted by the hospitals. Payments made to each hospital in the program in each fiscal year of the biennium shall be compared to a baseline amount. The baseline amount will be determined by the total of (a) the inpatient claim payment amounts that would have been paid during the fiscal year had the hospital not been in the CPE program based on the reimbursement rates developed, implemented, and consistent with policies approved in the 2021-2023 biennial operating appropriations act and in effect on July 1, 2015, (b) one-half of the indigent assistance disproportionate share hospital payment amounts paid to and retained by each hospital during fiscal year 2005, and (c) all of the other disproportionate share hospital payment amounts paid to and retained by each hospital during fiscal year 2005 to the extent the same disproportionate share hospital programs exist in the 2019-2021 fiscal biennium. If payments during the fiscal year exceed the hospital's baseline amount, no additional payments will be made to the hospital except the federal portion of allowable disproportionate share hospital payments for which the hospital can certify allowable match. If payments during the fiscal year are less than the baseline amount, the hospital will be paid a state grant equal to the difference between payments during the fiscal year and the applicable baseline amount. Payment of the state grant shall be made in the applicable fiscal year and distributed in monthly payments. The grants will be recalculated and redistributed as the baseline is updated during the fiscal year. The grant payments are subject to an interim settlement within eleven months after the end of the fiscal year. A final settlement shall be performed. To the extent that either settlement determines that a hospital has received funds in excess of what it would have received as described in this subsection, the hospital must repay the excess amounts to the state when requested. (($702,000))$425,000 of the general fund—state appropriation for fiscal year 2022 and (($649,000))$391,000 of the general fund—state appropriation for fiscal year 2023 are provided solely for state grants for the participating hospitals.
(((16)))(21) The health care authority shall seek public-private partnerships and federal funds that are or may become available to provide on-going support for outreach and education efforts under the federal children's health insurance program reauthorization act of 2009.
(((17)))(22) The health care authority shall target funding for maternity support services towards pregnant women with factors that lead to higher rates of poor birth outcomes, including hypertension, a preterm or low birth weight birth in the most recent previous birth, a cognitive deficit or developmental disability, substance abuse, severe mental illness, unhealthy weight or failure to gain weight, tobacco use, or African American or Native American race. The health care authority shall prioritize evidence-based practices for delivery of maternity support services. To the extent practicable, the health care authority shall develop a mechanism to increase federal funding for maternity support services by leveraging local public funding for those services.
(((18)))(23) The authority shall submit reports to the governor and the legislature by September 15, 2021, and no later than September 15, 2022, that delineate the number of individuals in medicaid managed care, by carrier, age, gender, and eligibility category, receiving preventative services and vaccinations. The reports should include baseline and benchmark information from the previous two fiscal years and should be inclusive of, but not limited to, services recommended under the United States preventative services task force, advisory committee on immunization practices, early and periodic screening, diagnostic, and treatment (EPSDT) guidelines, and other relevant preventative and vaccination medicaid guidelines and requirements.
(((19)))(24) Managed care contracts must incorporate accountability measures that monitor patient health and improved health outcomes, and shall include an expectation that each patient receive a wellness examination that documents the baseline health status and allows for monitoring of health improvements and outcome measures.
(((20)))(25) Sufficient amounts are appropriated in this section for the authority to provide an adult dental benefit.
(((21)))(26) The health care authority shall coordinate with the department of social and health services to provide referrals to the Washington health benefit exchange for clients that will be ineligible for medicaid.
(((22)))(27) To facilitate a single point of entry across public and medical assistance programs, and to maximize the use of federal funding, the health care authority, the department of social and health services, and the health benefit exchange will coordinate efforts to expand HealthPlanfinder access to public assistance and medical eligibility staff. The health care authority shall complete medicaid applications in the HealthPlanfinder for households receiving or applying for medical assistance benefits.
(((23)))(28) $90,000 of the general fund—state appropriation for fiscal year 2022, $90,000 of the general fund—state appropriation for fiscal year 2023, and $180,000 of the general fund—federal appropriation are provided solely to continue operation by a nonprofit organization of a toll-free hotline that assists families to learn about and enroll in the apple health for kids program. By November 15, 2022, the authority shall submit a report to the appropriate committees to the legislature that provides, at a minimum, information about the number of calls received by the nonprofit organization in the previous year, the amount of time spent on each call, comparisons to previous years, where available, and information about what data is collected related to this service.
(((24)))(29) Within the amounts appropriated in this section, the authority shall reimburse for primary care services provided by naturopathic physicians.
(((25)))(30) Within the amounts appropriated in this section, the authority shall continue to provide coverage for pregnant teens that qualify under existing pregnancy medical programs, but whose eligibility for pregnancy related services would otherwise end due to the application of the new modified adjusted gross income eligibility standard.
(((26)))(31) Sufficient amounts are appropriated in this section to remove the mental health visit limit and to provide the shingles vaccine and screening, brief intervention, and referral to treatment benefits that are available in the medicaid alternative benefit plan in the classic medicaid benefit plan.
(((27)))(32) The authority shall use revenue appropriated from the dedicated marijuana fund for contracts with community health centers under RCW 69.50.540 in lieu of general fund—state payments to community health centers for services provided to medical assistance clients, and it is the intent of the legislature that this policy will be continued in subsequent fiscal biennia.
(((28)))(33) Beginning no later than January 1, 2018, for any service eligible under the medicaid state plan for encounter payments, managed care organizations at the request of a rural health clinic shall pay the full published encounter rate directly to the clinic. At no time will a managed care organization be at risk for or have any right to the supplemental portion of the claim. Payments will be reconciled on at least an annual basis between the managed care organization and the authority, with final review and approval by the authority.
(((29)))(34) Sufficient amounts are appropriated in this section for the authority to provide a medicaid equivalent adult dental benefit to clients enrolled in the medical care service program.
(((30)))(35) During the 2021-2023 fiscal biennium, sufficient amounts are provided in this section for the authority to provide services identical to those services covered by the Washington state family planning waiver program as of August 2018 to individuals who:
(a) Are over nineteen years of age;
(b) Are at or below two hundred and sixty percent of the federal poverty level as established in WAC 182-505-0100;
(c) Are not covered by other public or private insurance; and
(d) Need family planning services and are not currently covered by or eligible for another medical assistance program for family planning.
(((31)))(36) Sufficient amounts are appropriated within this section for the authority to incorporate the expected outcomes and criteria to measure the performance of service coordination organizations as provided in chapter 70.320 RCW into contracts with managed care organizations that provide services to clients. The authority is directed to:
(a) Contract with an external quality improvement organization to annually analyze the performance of managed care organizations providing services to clients under this chapter based on seven performance measures. The analysis required under this subsection must:
(i) Measure managed care performance in four common measures across each managed care organization, including:
(A) At least one common measure must be weighted towards having the potential to impact managed care costs; and
(B) At least one common measure must be weighted towards population health management, as defined by the measure; and
(ii) Measure managed care performance in an additional three quality focus performance measures specific to a managed care organization. Quality focus performance measures chosen by the authority must:
(A) Be chosen from the statewide common measure set;
(B) Reflect specific measures where a managed care organization has poor performance; and
(C) Be substantive and clinically meaningful in promoting health status.
(b) The authority shall set the four common measures to be analyzed across all managed care organizations.
(c) The authority shall set three quality focus performance measures specific to each managed care organization. The authority must determine performance measures for each managed care organization based on the criteria established in (a)(ii) of this subsection.
(d) By September 15, 2021, and annually thereafter, the authority shall notify each managed care organization of the performance measures for the organization for the subsequent plan year.
(e) Two percent of the total plan year funding appropriated to each managed care organization that provides services to clients under chapter 70.320 RCW shall be withheld. At least seventy-five percent of the withhold shall be held contingent on each managed care organization's performance on the seven performance measures identified in this section. Each managed care organization may earn back the annual withhold if the external quality improvement organization finds that the managed care organization:
(i) Made statistically significant improvement in the seven performance measures as compared to the preceding plan year; or
(ii) Scored in the top national medicaid quartile of the performance measures.
(f) The amount of withhold annually paid to each managed care organization shall be proportional to findings of statistically significant improvement or top national medicaid quartile scoring by a managed care organization.
(g) For no more than two of the four quality focus performance measures, the authority may use an alternate methodology to approximate top national medicaid quartile performance where top quartile performance data is unavailable.
(h) For the purposes of this subsection, "external quality improvement organization" means an organization that meets the competence and independence requirements under 42 C.F.R. Sec. 438.354, as it existed on the effective date of this section.
(((32)))(37)(a) The authority shall ensure that appropriate resources are dedicated to implementing the recommendations of the centers for medicare and medicaid services center for program integrity as provided to the authority in the January 2019 Washington focused program integrity review final report. Additionally, the authority shall:
(i) Work to ensure the efficient operations of the managed care plans, including but not limited to, a deconflicting process for audits with and among the managed care plans and the medicaid fraud division at the attorney general's office, to ensure the authority staff perform central audits of cases that appear across multiple managed care plans, versus the audits performed by the individual managed care plans or the fraud division; and
(ii) Remain accountable for operating in an effective and efficient manner, including performing program integrity activities that ensure high value in the medical assistance program in general and in medicaid managed care specifically;
(A) Work with its contracted actuary and the medicaid forecast work group to develop methods and metrics related to managed care program integrity activity that shall be incorporated into annual rate setting; and
(B) Work with the medicaid forecast work group to ensure the results of program integrity activity are incorporated into the rate setting process in a transparent, timely, measurable, quantifiable manner.
(b) The authority shall submit a report to the governor and appropriate committees of the legislature by October 1, 2021, that includes, but is not limited to:
(i) Specific, quantified actions that have been taken, to date, related to the recommendations of the centers for medicare and medicaid services center for program integrity as provided to the authority in the January 2019 Washington focused program integrity review final report; and
(ii) Specific, quantified information regarding the steps taken toward (a)(i), (iii), and (iv) of this subsection.
(((33)))(38) No later than December 31, 2021, the health care authority, in partnership with the department of social and health services as described in section 204(16) of this act, shall submit a waiver request to the federal department of health and human services to authorize presumptive medicaid eligibility determinations for clients preparing for acute care hospital discharge who may need long-term services and supports. The department and the authority shall hold stakeholder discussions, including opportunities for public review and comment, during development of the waiver request. Upon submission of the waiver request, the department and the authority shall submit a report to the governor and the appropriate legislative committees that describes the request and identifies any statutory changes that may be necessary if the federal government approves the request.
(((34)))(39) $2,786,000 of the general fundstate appropriation for fiscal year 2022, $3,714,000 of the general fundstate appropriation for fiscal year 2023, and $11,009,000 of the general fundfederal appropriation are provided solely to maintain and increase access for behavioral health services through increased provider rates. The rate increases are effective October 1, 2021, and must be applied to the following codes for children and adults enrolled in the medicaid program: 90832, 90833, 90834, 90837, H0004, H0036, H2015, H2021, H0023, 90836, 90838, 96156, 96158, 96159, 96164, 96165, 96167, 96168, 96170, 96171, 90845, 90846, 90847, 90849, 90853, 90785, and 90791. The authority may use a substitute code in the event that any of the codes identified in this subsection are discontinued and replaced with an updated code covering the same service. Within the amounts provided in this subsection the authority must:
(a) Implement this rate increase in accordance with the process established in chapter 285, Laws of 2020 (EHB 2584) (behavioral health rates);
(b) Raise the state fee-for-service rates for these codes by up to 15 percent, except that the state medicaid rate may not exceed the published medicare rate or an equivalent relative value unit rate if a published medicare rate is not available;
(c) Require in contracts with managed care organizations that, beginning October 2021, managed care organizations pay no lower than the fee-for-service rate for these codes, and adjust managed care capitation rates accordingly; and
(d) Not duplicate rate increases provided in subsections (((35) and (36)))(41) and (42) of this section.
(((35)))(40) $19,664,000 of the general fundstate appropriation for fiscal year 2022, $26,218,000 of the general fundstate appropriation for fiscal year 2023, and $77,996,000 of the general fundfederal appropriation are provided solely to maintain and increase access for primary care services for medicaid-enrolled patients through increased provider rates beginning October 1, 2021. Within the amounts provided in this subsection the authority must:
(a) Increase the medical assistance rates for adult primary care services that are reimbursed solely at the existing medical assistance rates on a fee-for-service basis, as well as through managed care plans, by at least 15 percent above medical assistance rates in effect on January 1, 2019;
(b) Increase the medical assistance rates for pediatric primary care services that are reimbursed solely at the existing medical assistance rates on a fee-for-service basis, as well as through managed care plans, by at least 21 percent above medical assistance rates in effect on January 1, 2019;
(c) Increase the medical assistance rates for pediatric critical care, neonatal critical care, and neonatal intensive care services that are reimbursed solely at the existing medical assistance rates on a fee-for-service basis, as well as through managed care plans, by at least 21 percent above medical assistance rates in effect on January 1, 2019;
(d) Apply reimbursement rates required under this subsection to payment codes in a manner consistent with the temporary increase in medicaid reimbursement rates under federal rules and guidance in effect on January 1, 2014, implementing the patient protection and affordable care act, except that the authority may not require provider attestations;
(e) Pursue state plan amendments to require medicaid managed care organizations to increase rates under this subsection through adoption of a uniform percentage increase for network providers pursuant to 42 C.F.R. Sec. 438.6(c)(1)(iii)(B), as existing on January 1, 2019; and
(f) Not duplicate rate increases provided in subsections (((34) and (36)))(40) and (42) of this section.
(((36)))(41) $2,233,000 of the general fundstate appropriation for fiscal year 2022, $2,977,000 of the general fundstate appropriation for fiscal year 2023, and $10,871,000 of the general fundfederal appropriation are provided solely to increase provider rates to maintain and increase access for family planning services for patients seeking services through department of health sexual and reproductive health program family planning providers. The rate increases are effective October 1, 2021, and must be applied to the following codes for eligible apple health and family planning only clients seeking services through department of health sexual and reproductive health program providers: 36415, 36416, 55250, 57170, 58340, 58600, 58605, 58611, 58615, 58670, 58671, 59840, 59841, 59850, 59851, 59852, 59855, 59856, 59857, 76817, 81025, 84702, 84703, 86631, 86632, 86901, 87110, 87270, 87320, 87490, 87491, 87590, 87591, 87624, 87625, 87800, 87810, 88141, 88142, 88143, 88147, 88148, 88150, 88152, 88153, 88164, 88165, 88166, 88167, 88174, 88175, 96372, 99071, 99201, 99202, 99203, 99204, 99211, 99212, 99213, 99214, 99384, 99385, 99386, 99394, 99395, 99396, 99401, and S0199. The authority may use a substitute code if any of the codes identified in this subsection are discontinued and replaced with an updated code covering the same service. Within the amounts provided in this subsection the authority must:
(a) Increase the family planning rates for services that are included on and reimbursed solely at the existing family planning fee schedule on a fee-for-service basis, as well as through managed care plans, by at least 162 percent above family planning fee schedule rates in effect on January 1, 2021;
(b) Pursue state plan amendments to require medicaid managed care organizations to increase rates under this subsection through adoption of a uniform percentage increase for network providers pursuant to 42 C.F.R. Sec. 438.6(c)(1)(iii)(B), as existing on January 1, 2021; and
(c) Not duplicate rate increases provided in subsections (((34) and (35)))(40) and (41) of this section.
(((37)))(42)(a) Beginning with fiscal year 2020, and for each subsequent year thereafter, the authority shall reconcile on an annual basis with rural health clinics.
(b) Beginning with fiscal year 2020, and for each subsequent year thereafter, the authority shall properly accrue for any anticipated reconciliations with rural health clinics during the fiscal year close process following generally accepted accounting practices.
(((38)))(43)(a) The authority in collaboration with the office of financial management and representatives from fiscal committees of the legislature shall conduct an evaluation of the APM4 model to determine its cost effectiveness and impact on patient outcomes and report its findings and recommendations to the appropriate committees of the legislature by November 15, 2022.
(b) The authority shall not enter into any future value-based arrangements with federally qualified health centers or rural health clinics prior to receiving approval from the office of financial management and the appropriate committees of the legislature.
(c) The authority shall not modify the reconciliation process or the APM4 program with federally qualified health centers or rural health clinics without notification to and the opportunity to comment from the office of financial management.
(d) The authority shall require all managed care organizations to provide information to the authority to account for all payments to federally qualified health centers to include how payments are made, including any additional payments and whether there is a sub-capitation arrangement or value-based purchasing arrangement.
(e) Beginning with fiscal year 2021 and for each subsequent year thereafter, the authority shall reconcile on an annual basis with federally qualified health centers contracting under APM4.
(f) Beginning with fiscal year 2021 and for each subsequent year thereafter, the authority shall properly accrue for any anticipated reconciliations with federally qualified health centers contracting under APM4 during the fiscal year close process following generally accepted accounting practices.
(((39)))(44) Within the amounts appropriated in this section, the authority is to include allergen control bed and pillow covers as part of the durable medical equipment benefit for children with an asthma diagnosis enrolled in medical assistance programs.
(((40)))(45) Within the amounts appropriated in this section, the authority shall reimburse for maternity services provided by doulas.
(((41)))(46) $60,000 of the general fundstate appropriation for fiscal year 2022 and $60,000 of the general fundfederal appropriation are provided solely for evaluation of the Washington rural health access preservation pilot program.
(((42)))(47) $160,000 of the general fundstate appropriation for fiscal year 2022 and $1,440,000 of the general fundfederal appropriation are provided solely for health care interoperability costs and are subject to the conditions, limitations, and review provided in section 701 of this act.
(((43)))(48) $275,000 of the general fundstate appropriation for fiscal year 2022, $160,000 of the general fundstate appropriation for fiscal year 2023, and $3,913,000 of the general fundfederal appropriation are provided solely for modular replacement costs of the ProviderOne pharmacy point of sale system and are subject to the conditions, limitations, and review provided in section 701 of this act.
(((44)))(49) $484,000 of the general fundstate appropriation for fiscal year 2022 and $466,000 of the general fundstate appropriation for fiscal year 2023 are provided solely to implement Engrossed Second Substitute Senate Bill No. 5399 (universal health care commission). ((If the bill is not enacted by June 30, 2021, the amounts provided in this subsection shall lapse.
(45)))(50) $654,000 of the general fundstate appropriation for fiscal year 2022, $655,000 of the general fundstate appropriation for fiscal year 2023, and $2,154,000 of the general fundfederal appropriation are provided solely for the authority to increase the nonemergency medical transportation broker administrative rate to ensure access to health care services for medicaid patients.
(((46)))(51) $1,715,000 of the general fundstate appropriation for fiscal year 2022, $1,804,000 of the general fundstate appropriation for fiscal year 2023, and $6,647,000 of the general fundfederal appropriation are provided solely to increase the rates paid to rural hospitals that meet the criteria in (a) through (((d)))(e) of this subsection. Payments for state and federal medical assistance programs for services provided by such a hospital, regardless of the beneficiary's managed care enrollment status, must be increased to 150 percent of the hospital's fee-for-service rates. The authority must discontinue this rate increase after June 30, 2023, and return to the payment levels and methodology for these hospitals that were in place as of January 1, 2018. Hospitals participating in the certified public expenditures program may not receive increased reimbursement for inpatient services. Hospitals qualifying for this rate increase must:
(a) Be certified by the centers for medicare and medicaid services as sole community hospitals as of January 1, 2013;
(b) Have had less than 150 acute care licensed beds in fiscal year 2011;
(c) Have a level III adult trauma service designation from the department of health as of January 1, 2014;
(d) Be owned and operated by the state or a political subdivision; and
(e) Accept single bed certification patients pursuant to RCW 71.05.745 by July 1, 2022. If the hospitals qualifying for this rate increase do not accept single bed certification patients by July 1, 2022, the authority must discontinue this rate increase after October 1, 2022, and must return to the payment levels and methodology for these hospitals that were in place as of January 1, 2018.
(((47)))(52) $100,000 of the general fundstate appropriation for fiscal year 2022, $100,000 of the general fundstate appropriation for fiscal year 2023, and $200,000 of the general fundfederal appropriation are provided solely for pass through funding for a citizens of the compact of free association (COFA) community member led organization through a Washington state based organization contract as outlined in RCW 43.71A.030 to provide additional supports to COFA community members statewide who are seeking access to health coverage and health care services. The amounts provided in this subsection for fiscal year 2022 must be distributed no later than October 1, 2021. The amounts provided in this subsection for fiscal year 2023 must be distributed no later than October 1, 2022.
(((48)))(53) The authority shall collaborate with the Washington state LGBTQ commission, the department of health, advocates for people living with HIV in Washington, consumers, and medical professionals with expertise in serving the medicaid population living with HIV, to consider and develop recommendations regarding:
(a) Access to HIV antiretroviral drugs on the medicaid drug formulary, including short- and long-term fiscal implications of eliminating current prior authorization and fail-first requirements;
(b) Impact of drug access on public health and the statewide goal of reducing HIV transmissions; and
(c) Maximizing pharmaceutical drug rebates for HIV antiretroviral drugs.
(((49)))(54) $22,000 of the general fundstate appropriation for fiscal year 2022, $22,000 of the general fundstate appropriation for fiscal year 2023, and $134,000 of the general fundfederal appropriation are provided solely to implement Substitute Senate Bill No. 5157 (behavioral disorders/justice). ((If the bill is not enacted by June 30, 2021, the amounts provided in this subsection shall lapse.
(50)))(55) Within the amounts appropriated in this section, the authority shall extend the oral health connections pilot project in Spokane, Thurston, and Cowlitz counties. The authority shall continue to work in collaboration with a state-based oral health foundation to jointly develop and implement the program. The purpose of the pilot is to test the effect that enhanced dental benefits for medicaid clients with diabetes and pregnant clients have on access to dental care, health outcomes, and medical care costs. The pilot program must continue to include enhanced reimbursement rates for participating dental providers, including denturists licensed under chapter 18.30 RCW, and an increase in the allowable number of periodontal treatments to up to four per calendar year. The authority has the option of extending pilot program eligibility to dually eligible medicaid clients who are diabetic or pregnant and to pregnant medicaid clients under the age of 20. The authority has the option of adjusting the pilot program benefit design and fee schedule based on previous findings, within amounts appropriated in this section. Diabetic or pregnant medicaid clients who are receiving dental care within the pilot regions, regardless of location of the service within the pilot regions, are eligible for the increased number of periodontal treatments. The state-based oral health foundation shall continue to partner with the authority and provide wraparound services to link patients to care. The authority and foundation shall provide a joint report to the appropriate committees of the legislature on October 1, 2021, outlining the findings of the original three-year pilot program, and on December 1, 2022, outlining the progress of the extended pilot program.
(((51) $200,000))(56)(a) $215,000 of the general fundstate appropriation for fiscal year 2022, $15,000 of the general fundstate appropriation for fiscal year 2023, and (($200,000))$230,000 of the general fundfederal appropriation are provided solely for contracting with the office of equity to implement chapter 293, Laws of 2020 (baby, child dentistry access).
(b) By November 15, 2021, the authority shall submit a report to the appropriate committees to the legislature describing its progress implementing chapter 293, Laws of 2020 (baby, child dentistry access) and chapter 242, Laws of 2020 (access to baby and child dentistry for children with disabilities).
(57)(a) $200,000 of the general fundstate appropriation for fiscal year 2023 and $200,000 of the general fundfederal appropriation are provided solely for the authority to contract with access to baby and child dentistry (ABCD) programs to maintain and expand capacity for local program coordinators with goals that include but are not limited to:
(i) Reducing racial and ethnic disparities in access to care and oral health outcomes;
(ii) Increasing the percent of medicaid-enrolled children under the age of two accessing dental care; and
(iii) Continuing provider engagement and outreach.
(b) The authority may consult with the office of equity and other statewide and local equity partners to identify activities and deliverables to meet these goals.
(((52)))(58) $75,000 of the general fundstate appropriation for fiscal year 2022 and $75,000 of the general fundfederal appropriation are provided solely for contracting by the health care authority to further the development and implementation of its Washington primary care transformation initiative, intended to increase team-based primary care and the percentage of overall health care spending in the state devoted to primary care. By October 1, 2021, the authority must update the legislature on the status of the initiative, including any fiscal impacts of this initiative, potential implementation barriers, and needed legislation.
(((53)))(59) Sufficient funds are provided to continue reimbursing dental health aid therapists for services performed in tribal facilities for medicaid clients. The authority must leverage any federal funding that may become available as a result of appeal decisions from the centers for medicare and medicaid services or the United States court of appeals for the ninth circuit.
(((54)))(60) $149,000 of the general fundstate appropriation for fiscal year 2022 and $140,000 of the general fundstate appropriation for fiscal year 2023 are provided solely to implement Engrossed Second Substitute Senate Bill No. 5377 (standardized health plans). ((If the bill is not enacted by June 30, 2021, the amounts provided in this subsection shall lapse.
(55)))(61) Within the amount appropriated within this section, the authority shall implement the requirements of Substitute Senate Bill No. 5068 (postpartum period/medicaid) and the American rescue plan act of 2021, P.L. 117-2, in extending health care coverage during the postpartum period. The authority shall make every effort to expedite and complete eligibility determinations for individuals who are likely eligible to receive health care coverage under Title XIX or Title XXI of the federal social security act to ensure the state is receiving maximum federal match. This includes, but is not limited to, working with managed care organizations to provide continuous outreach in various modalities until the individual's eligibility determination is completed. Beginning June 1, 2022, the authority must submit quarterly reports to the caseload forecast work group on the number of individuals who are likely eligible to receive health care coverage under Title XIX or Title XXI of the federal social security act but are waiting for the authority to complete eligibility determination, the number of individuals who were likely eligible but are now receiving health care coverage with the maximum federal match under Title XIX or Title XXI of the federal social security act, and outreach activities including the work with managed care organizations.
(((56)))(62) $10,695,000 of the general fundstate appropriation for fiscal year 2022, $10,695,000 of the general fundstate appropriation for fiscal year 2023, and $54,656,000 of the general fundfederal appropriation are provided solely to maintain and increase access for adult dental services for medicaid enrolled patients through increased provider rates beginning July 1, 2021. Within the amounts provided in this subsection, the authority must increase the medical assistance rates for adult dental services that are reimbursed solely at the existing medical assistance rates on a fee-for-service basis up to 100 percent above medical assistance rates in effect on January 1, 2019.
(63) $10,018,000 of the general fundstate appropriation for fiscal year 2023 and $10,351,000 of the general fundfederal appropriation are provided solely to maintain and increase access for children's dental services for medicaid enrolled patients through increased provider rates beginning January 1, 2023. Within the amounts provided in this subsection, the authority must increase the medical assistance rates for children's dental services that are reimbursed solely at the existing medical assistance rates on a fee-for-service basis as follows:
(a) Increase the rates for codes for the access to baby and child dentistry (ABCD) program by 30 percent.
(b) Increase the rates for codes for children's dental program rates for persons aged zero to 20 years old that have a corresponding ABCD code to the current ABCD code rate, plus an additional 10 percent rate increase.
(c) Increase the rates for codes for children's dental program rates for persons aged zero to 20 years old without a corresponding ABCD code to 70 percent of the medical assistance rates on a fee-for-service basis for adult dental services in effect on January 1, 2022. This increase does not apply to codes with rates already greater than 70 percent of the adult dental services rate.
(d) Increase the rates for codes for children's dental program rates for persons aged zero to 20 years old without a corresponding ABCD code or adult dental service rate by five percent.
(((57)))(64) $551,000 of the general fundstate appropriation for fiscal year 2022, $770,000 of the general fundstate appropriation for fiscal year 2023, and $3,288,000 of the general fundfederal appropriation are provided solely for the implementation of Second Substitute Senate Bill No. 5195 (opioid overdose medication). ((If the bill is not enacted by June 30, 2021, the amounts provided in this subsection shall lapse.
(58)))(65) The authority must claim the enhanced federal medical assistance participation rate for home and community-based services offered under section 9817 of the American rescue plan act of 2021 (ARPA). Appropriations made that constitute supplementation of home and community-based services as defined in section 9817 of ARPA are listed in the LEAP omnibus document HCBS-2021.
(((59)))(66) $250,000 of the general fundstate appropriation for fiscal year 2022 and $250,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for the authority to continue a public-private partnership with a state-based oral health foundation to connect medicaid patients to dental services and reduce barriers to accessing care. The authority shall submit a progress report to the appropriate committees of the legislature by June 30, 2022.
(((60)))(67)(a) $35,000,000 of the coronavirus state fiscal recovery ((account))fundfederal appropriation is provided solely for the authority to distribute grants for the provision of health care services for uninsured and underinsured individuals, regardless of immigration status. Grants provided under this subsection must be used for the direct care of uninsured and underinsured individuals under 200 percent of the federal poverty level, including on-site care as well as referrals to and payment for services provided off-site, for:
(i) The testing, assessment, or treatment of the severe acute respiratory syndrome coronavirus 2 (COVID-19), including facility and provider fees;
(ii) Primary and preventive care;
(iii) Behavioral health services;
(iv) Oral health care;
(v) Assessment, treatment, and management of acute or chronic conditions, including but not limited to the cost of laboratory, prescription medications, specialty care, therapies, radiology, and other diagnostics; and
(vi) Outreach and education needed to inform patients and prospective patients that care is available free of charge.
(b) To be eligible for a grant under this subsection, a federally qualified health center, rural health clinic, free clinic, public hospital district, behavioral health provider or facility, behavioral health administrative service organization, or community-based organization must apply for a grant and agree to not:
(i) Bill individuals for any portion of the services provided that involve the use of amounts appropriated in this section; or
(ii) Use the amounts provided in this subsection for services for which other funds are available, such as federal funds from the families first coronavirus response act and the American rescue plan act.
(c) Grants provided under this subsection may be used to provide on-site care, care delivered via telehealth, and referrals to and payments for services provided off-site. Recipients may use funds distributed in this subsection to reimburse other providers or facilities for the cost of care. Only free clinics may use grants provided under this subsection to cover general operating costs, including staffing, supplies, and equipment purchases.
(d) The agency shall employ fund allocation approaches that engage community residents, organizations, and leaders in identifying priorities and implementing projects and initiatives that reflect community values and priorities. At a minimum, this must include consultation with community health boards and organizations that advocate for access to health care for uninsured state residents.
(e) Recipients of the amounts provided in this subsection must submit reports to the authority on the use of grant funds, including data about utilization of services. The authority shall prepare and post on its website an annual report detailing the amount of funds disbursed and aggregating information submitted by recipients.
(f) The authority may retain no more than three percent of the amounts provided in this subsection for administrative costs.
(g) As used in this subsection, "free clinics" mean private, nonprofit, community, or faith-based organizations that provide medical, dental, and mental health services at little or no cost to uninsured and underinsured people through the use of volunteer health professionals, community volunteers, and partnerships with other health providers.
(((61)))(68) $123,000 of the general fundstate appropriation for fiscal year 2022, $46,000 of the general fundstate appropriation for fiscal year 2023, and $743,000 of the general fundfederal appropriation are provided solely for the implementation of Substitute House Bill No. 1348 (incarcerated persons/medical). ((If the bill is not enacted by June 30, 2021, the amounts provided in this subsection shall lapse.
(62)))(69) $1,350,000 of the general fundstate appropriation for fiscal year 2023 and $2,570,000 of the general fundfederal appropriation are provided solely for the implementation of House Bill No. 1096 (nonmedicare plans). ((If the bill is not enacted by June 30, 2021, the amounts provided in this subsection shall lapse.
(63)))(70) Within the amounts provided in this section, sufficient funding is provided for the authority to implement Second Substitute House Bill No. 1325 (behavioral health/youth).
(((64)))(71) $184,000 of the general fundstate appropriation for fiscal year 2022 and $175,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for the implementation of Engrossed Substitute House Bill No. 1196 (audio-only telemedicine). ((If the bill is not enacted by June 30, 2021, the amounts provided in this subsection shall lapse.
(65)))(72) $232,000 of the general fundstate appropriation for fiscal year 2022, $300,000 of the general fundstate appropriation for fiscal year 2023, and $599,000 of the general fundfederal appropriation are provided solely for reimbursement for a social worker as part of the medical assistance home health benefit.
(((66)))(73) $1,303,000 of the general fundstate appropriation for fiscal year 2022 and $285,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for the implementation of Engrossed Substitute Senate Bill No. 5203 (generic prescription drugs). ((If the bill is not enacted by June 30, 2021, the amounts provided in this subsection shall lapse.
(67)))(74) $18,669,000 from the Indian health improvement reinvestment account is provided solely for Indian health improvement advisory plan projects, programs, and activities authorized by RCW 43.71B.030.
(((68)))(75) $434,000 of the general fundstate appropriation for fiscal year 2022 and $489,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for the authority to partner with the department of social and health services to create surge capacity in acute care hospitals by supporting non-citizens who are both in acute care hospitals awaiting discharge and on the department of social and health services waitlist for services. The amounts provided in this subsection are for the authority to cover the cost of medical assistance for 20 new non-citizen clients.
(((69)))(76) $25,000 of the general fundstate appropriation for fiscal year 2022 and $25,000 of the general fundfederal appropriation are provided solely for the authority to develop an implementation plan to incorporate medical and psychiatric respite care as statewide medicaid benefits. The plan must include an analysis of the cost effectiveness of providing medical and psychiatric respite care benefits for medicaid enrollees. In developing the plan, the authority shall consult with interested stakeholders, including medicaid managed care organizations, community health centers, organizations providing respite care, and hospitals. Amounts provided in this subsection may be used for staff support and one-time contracting. No later than January 15, 2022, the authority shall report its findings to the relevant committees of the legislature, the office of the governor, and the office of financial management.
(((70)))(77) $281,000 of the general fundstate appropriation for fiscal year 2022, $192,000 of the general fundstate appropriation for fiscal year 2023, and $803,000 of the general fundfederal appropriation are provided solely for the implementation of Engrossed Second Substitute Senate Bill No. 5304 (reentry services). ((If the bill is not enacted by June 30, 2021, the amounts provided in this subsection shall lapse.
(71)))(78)(a) The authority shall assess the feasibility and fiscal impacts of an 1115 medicaid waiver to extend continuous eligibility for apple health covered children ages zero through five as a component of school readiness. The authority may seek support for the analysis. Prior to submitting the waiver application, the authority shall provide a status update no later than September 30, 2021, to the governor and fiscal committees of the legislature.
(b) $6,090,000 of the general fundstate appropriation for fiscal year 2023 and $6,125,000 of the general fundfederal appropriation are provided solely for the authority to extend continuous eligibility for apple health to children ages zero to six with income at or below 215 percent of the federal poverty level. The centers for medicare and medicaid services must approve the 1115 medicaid waiver prior to the implementation of this policy.
(79) $500,000 of the general fundstate appropriation for fiscal year 2023 is provided solely for the perinatal support warm line to provide peer support, resources, and referrals to new and expectant parents and people in the emotional transition to parenthood experiencing, or at risk of, postpartum depression or other mental health issues.
(80) Sufficient funding is provided to remove the asset test from the medicare savings program review process.
(81) $77,000 of the general fundstate appropriation for fiscal year 2022 and $286,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for implementation of Substitute House Bill No. 1728 (insulin work group reauth.). If the bill is not enacted by June 30, 2022, the amounts provided in this subsection shall lapse.
(82)(a) $200,000 of the general fundstate appropriation for fiscal year 2023 is provided solely for the authority, in consultation with the office of the insurance commissioner, to complete an analysis of the cost to implement a fertility treatment benefit as described in the department of health's December 2021 mandated benefit sunrise review.
(b) The authority must contract with one or more consultants to:
(i) Obtain utilization and cost data from the state to provide an estimate of aggregate utilization and cost impacts of fertility treatment coverage for medicaid recipients, expressed as total annual cost and as a per member per month cost for plan years 2024 through 2027; and
(ii) Obtain utilization and cost data from the public employees benefits board and school employees benefits board programs to provide an estimate of aggregate utilization and cost impacts of fertility treatment coverage, expressed as total annual cost and as a per member per month cost for plan years 2024 through 2027.
(c) The analysis must include, but is not limited to, a utilization and cost analysis of each of the following services:
(i) Infertility diagnosis;
(ii) Fertility medications;
(iii) Intrauterine insemination;
(iv) In vitro fertilization; and
(v) Egg freezing.
(d) The authority must report the findings of the analysis to the governor and appropriate committees of the legislature by June 30, 2023.
(83) Sufficient funding is provided to eliminate the mid-certification review process for the aged, blind, or disabled and housing and essential needs referral programs.
(84) $3,250,000 of the general fundstate appropriation for fiscal year 2023 is provided solely for the health care authority to make information technology system and provider network upgrades necessary for the anticipated expansion of medicaid equivalent health care coverage for uninsured adults with income up to 138 percent of the federal poverty level regardless of immigration status in collaboration with the department of social and health services.
(85) $250,000 of the general fundstate appropriation for fiscal year 2023 is provided solely for the authority to design a standardized payment methodology for a palliative care benefit for the state medicaid program and the employee and retiree benefits programs. The authority may contract with a third party to design the palliative care model and complete the work required in this subsection.
(86) $640,000 of the general fundstate appropriation for fiscal year 2023 and $655,000 of the general fundfederal appropriation are provided solely for a 20 percent rate increase, effective January 1, 2023, for in-home skilled nursing services, nurse delegation, in-home private duty nursing, and adult family home private duty nursing.
(87) $180,000 of the general fundstate appropriation for fiscal year 2023 and $187,000 of the general fundfederal appropriation are provided solely for a 10 percent rate increase, effective January 1, 2023, for registered nurses and licensed practical nurses providing skilled nursing services for children who require medically intensive care in a home setting.
(88) $140,000 of the general fundstate appropriation for fiscal year 2023 and $266,000 of the general fundfederal appropriation are provided solely for a 10 percent rate increase, effective January 1, 2023, for home health services.
(89) $240,000 of the general fundstate appropriation for fiscal year 2022 and $240,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for additional staff support for the mental health referral service for children and teens.
(90)(a) $2,000,000 of the general fundstate appropriation for fiscal year 2023 is provided solely for one-time grants for eligible clinics to establish behavioral health integration in primary care clinics for children and adolescents. The authority may award grants of up to $200,000 per clinic.
(b) Recipients may use grants under this subsection for:
(i) Training to create operational workflows that promote team-based care and evidence-based practices;
(ii) System development to implement universal screening of patients using standardized assessment tools;
(iii) Development of a registry to track patient outcomes;
(iv) Behavioral health professional recruitment and retainment;
(v) Psychiatric supervision recruitment and retainment for consultation services for the behavioral health integration program;
(vi) Partnership development with community mental health centers for referral of patients with higher level needs;
(vii) Information technology infrastructure, including electronic health record adjustments and registry creation; and
(viii) Physical space modifications to accommodate additional staff.
(c) To be eligible for grants under this subsection, clinics must have:
(i) At least 35 percent of their total patients enrolled in medicaid. Priority for funding must be given to clinics with the highest proportion of patients enrolled in medicaid;
(ii) A primary care advocate or proponent of the behavioral health integration program;
(iii) Support for the behavioral health integration program at the highest level of clinic leadership;
(iv) An arrangement for psychiatric consultation and supervision;
(v) A team-based approach to care, including the primary care provider, behavioral health professional, psychiatric consultant, patient, and patient's family; and
(vi) A plan to:
(A) Hire a behavioral health professional to be located within the clinic;
(B) Create a registry that monitors patient engagement and symptom improvement;
(C) Implement universal screening for behavioral health needs;
(D) Provide care coordination with schools, emergency departments, hospitals, and other points of care; and
(E) Ensure closed-loop referrals to specialty behavioral health care when indicated, as well as engagement in specialty treatment as clinically indicated.
(91) $16,000 of the general fundstate appropriation for fiscal year 2022, $31,000 of the general fundstate appropriation for fiscal year 2023, and $420,000 of the general fundfederal appropriation are provided solely for a technology solution for an authoritative client identifier, or master person index, for state programs within the health and human services coalition to uniformly identify clients across multiple service delivery systems. The coalition will clearly identify all state programs impacted by and all fund sources used in development and implementation of this project. This subsection is subject to the conditions, limitations, and review requirements of section 701 of this act.
(92) $55,000 of the general fundstate appropriation for fiscal year 2023 and $122,000 of the general fundfederal appropriation are provided solely to implement Second Substitute House Bill No. 1860 (behavioral health discharge). If the bill is not enacted by June 30, 2022, the amounts provided in this subsection shall lapse.
(93) $729,000 of the general fundstate appropriation for fiscal year 2023, $1,245,000 of the general fundprivate/local appropriation, and $2,574,000 of the general fundfederal appropriation are provided solely to implement Engrossed Substitute House Bill No. 1866 (supportive housing). If the bill is not enacted by June 30, 2022, the amounts provided in this subsection shall lapse.
(94)(a) $1,910,000 of the general fundstate appropriation for fiscal year 2022, $11,145,000 of the general fundstate appropriation for fiscal year 2023, and $1,793,000 of the general fundfederal appropriation are provided solely for the authority to procure technology and related services for a community information exchange (CIE). A CIE platform must serve as a tool for addressing the social determinants of health, defined as nonclinical community and social factors such as housing, food security, transportation, financial strain, and interpersonal safety, that affect health, functioning, and quality-of-life outcomes.
(b) The platform shall:
(i) Share information securely and consistent with all applicable federal and state laws regarding individual consent, personal health information, privacy, public records, and data security;
(ii) Provide support and be made available statewide, at a minimum, to community-based organizations, medicaid managed care organizations, accountable communities of health, county programs, and safety net health care providers;
(iii) Identify social care needs through embedded screening and other data analytics tools;
(iv) Coordinate social care referrals and interventions through closed-loop referrals;
(v) Track and measure the outcomes of referrals and the impact of interventions;
(vi) Support client-level community health records where this information is longitudinally stored; and
(vii) Create a longitudinal view of a client's social care opportunities, the social care needs identified for this client, the social care services that this client has been connected to, and the outcomes of these social care interventions over time.
(c) The platform shall support:
(i) Standardized definitions and measures pertaining to the social determinants of health, such as those for housing, food security, transportation, financial strain, and interpersonal safety;
(ii) In line with needs identified through authority-led medicaid transformation efforts, or other state agency-led efforts, payment methods for services performed through community-based organizations;
(iii) The collection and reporting on longitudinal social care outcomes data to inform state population health initiatives, program evaluations, and policy development;
(iv) Data reporting regarding demand for social care to inform local community-based organizations, county, and accountable community of health programs and initiatives; and
(v) Data reporting to inform state public health policy and programs through data visualizations and data delivery in machine-readable formats.
(d) The services procured with the platform shall include a community engagement team to support the development of a multisector network, and to provide the identification of, training, onboarding, and ongoing support for community-based organizations.
(e) The platform shall leverage industry-recognized interoperability and data integrity standards, enabling integrations with other state-sponsored systems where appropriate.
(f) This subsection is subject to the conditions, limitations, and review requirements of section 701 of this act.
(95) $300,000 of the general fundstate appropriation for fiscal year 2022 and $300,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for the Bree collaborative to support collaborative learning and targeted technical assistance for quality improvement initiatives.
(96) Sufficient funding is provided to ensure the periodicity schedules for the early and periodic screening, diagnosis, and treatment benefit provided for medicaid-eligible children align with the bright futures guidelines of the American academy of pediatrics or a comparable standard.
(97) $703,000 of the general fundstate appropriation for fiscal year 2023 is provided solely for a supported employment program for individuals who are not eligible for medicaid or who need additional time to apply for and obtain medicaid. Program services shall be comparable to the foundational community supports initiative of the medicaid transformation demonstration waiver as described in subsections (4) and (8) of this section.
(98) The authority shall incorporate into their coverage decisions the Oregon health evidence review commission evidence-based recommendations for the treatment of pediatric autoimmune neuropsychiatric disorders associated with streptococcal infections and pediatric acute-onset neuropsychiatric syndrome.
(99) $403,000 of the general fundstate appropriation for fiscal year 2023 and $1,185,000 of the general fundfederal appropriation are provided solely for the authority to provide an adult acupuncture benefit beginning January 1, 2023.
(100) $581,000 of the general fundstate appropriation for fiscal year 2023 and $1,706,000 of the general fundfederal appropriation are provided solely for the authority to provide an adult chiropractic benefit beginning January 1, 2023.
Sec. 212. 2021 c 334 s 212 (uncodified) is amended to read as follows:
FOR THE STATE HEALTH CARE AUTHORITYPUBLIC EMPLOYEES' BENEFITS BOARD AND EMPLOYEE BENEFITS PROGRAM
State Health Care Authority Administrative Account
State Appropriation
. . . .
(($37,403,000))
     
$38,762,000
School Employees' Insurance Administrative Account
State Appropriation
. . . .
$854,000
TOTAL APPROPRIATION
. . . .
(($37,403,000))
     
$39,616,000
The appropriation in this section is subject to the following conditions and limitations:
(1) Any savings from reduced claims costs must be reserved for funding employee benefits during the 2023-2025 fiscal biennium and may not be used for administrative expenses. The health care authority shall deposit any moneys received on behalf of the uniform medical plan resulting from rebates on prescription drugs, audits of hospitals, subrogation payments, or any other moneys received as a result of prior uniform medical plan claims payments, in the public employees' and retirees' insurance account to be used for insurance benefits.
(2) Any changes to benefits must be approved by the public employees' benefits board. The board shall not make any changes to benefits without considering a comprehensive analysis of the cost of those changes, and shall not increase benefits unless offsetting cost reductions from other benefit revisions are sufficient to fund the changes. The board shall not make any change in retiree eligibility criteria that reestablishes eligibility for enrollment in PEBB benefits. However, the funding provided anticipates that the public employees' benefits board may increase the virtual access to behavioral health resources and interventions and case management.
(3) Except as may be provided in a health care bargaining agreement, to provide benefits within the level of funding provided in part IX of this bill, the public employees' benefits board shall require or make any or all of the following: Employee premium copayments, increases increase in point-of-service cost sharing, the implementation of managed competition, or make other changes to benefits consistent with RCW 41.05.065.
(4) The board shall collect a surcharge payment of not less than twenty-five dollars per month from members who use tobacco products, and a surcharge payment of not less than fifty dollars per month from members who cover a spouse or domestic partner where the spouse or domestic partner has chosen not to enroll in another employer-based group health insurance that has benefits and premiums with an actuarial value of not less than ninety-five percent of the actuarial value of the public employees' benefits board plan with the largest enrollment. The surcharge payments shall be collected in addition to the member premium payment.
(5) The health care authority shall analyze and report on the potential impacts of providing a one-time enrollment window for retirees to reestablish eligibility for enrollment in retiree benefits under the public employees' benefit board program. The authority shall submit the report to the appropriate committees of the legislature by January 1, 2022. At a minimum the report must include an estimate of the employer cost and a description of the assumptions used.
(6) $285,000 of the state health care authority administrative accountstate appropriation is provided solely for a customer service scheduling tool, and is subject to the conditions, limitations, and review requirements of section 701 of this act.
(7)(a) $250,000 of the state health care authority administrative accountstate appropriation and $250,000 of the school employees' administrative accountstate appropriation are provided solely for the health care authority to conduct a study on contracting for administration of the state's self-insured uniform medical plan. The uniform medical plan is now among the largest health benefit coverage groups in the state, covering a growing subscriber base of nearly 375,000 Washington residents enrolled in the uniform medical plan. In 2011, the uniform medical plan began administering additional services through a third-party administrative contract, rather than administering those services internally. Among those services were provision of the provider network and provider contracts, provider relations, portions of claims administration, member appeals, and portions of member communications.
(b) The purpose of the study is to enable the authority to provide the option of a return of some, or all, of the administrative functions that began to be provided by contracted services in 2011. The current contract for these services expires in 2029.
(c) By June 30, 2023, the health care authority must prepare a report on the uniform medical plan administrative services that were provided by contract prior to 2010, those that have been procured through the third-party administrative contract since, what elements of those services could be provided either directly or through discrete provider contracts, and the resources the authority would need to administer these functions. The report must also compare the cost of the administration of components before and after the transition to the current contracts; include assumptions about the impacts on claims; include a description of the performance guarantees in the current contract; and provide an implementation plan to enable the health care authority to resume self-administration for some or all of the administrative services at the end of the current contract.
(d) The report must be presented to the public employees' benefits board and the school employees' benefits board at the first meeting of each board following completion of the report in 2023, and provided to the appropriate committees of the legislature thereafter.
Sec. 213. 2021 c 334 s 213 (uncodified) is amended to read as follows:
FOR THE STATE HEALTH CARE AUTHORITYSCHOOL EMPLOYEES' BENEFITS BOARD
School Employees' Insurance Administrative Account
State Appropriation
. . . .
(($25,771,000))
     
$27,121,000
TOTAL APPROPRIATION
. . . .
(($25,771,000))
     
$27,121,000
The appropriation in this section is subject to the following conditions and limitations: $15,000 of the school employees' insurance administrative accountstate appropriation is provided solely for a customer service scheduling tool, and is subject to the conditions, limitations, and review requirements of section 701 of this act.
Sec. 214. 2021 c 334 s 214 (uncodified) is amended to read as follows:
FOR THE STATE HEALTH CARE AUTHORITYHEALTH BENEFIT EXCHANGE
General FundState Appropriation (FY 2022)
. . . .
(($4,831,000))
     
$4,881,000
General FundState Appropriation (FY 2023)
. . . .
(($4,543,000))
     
$8,527,000
General FundFederal Appropriation
. . . .
(($83,017,000))
     
$56,532,000
Health Benefit Exchange AccountState Appropriation
. . . .
(($77,710,000))
     
$80,860,000
State Health Care Affordability AccountState
Appropriation
. . . .
$50,000,000
TOTAL APPROPRIATION
. . . .
(($220,101,000))
     
$200,800,000
The appropriations in this section are subject to the following conditions and limitations:
(1) The receipt and use of medicaid funds provided to the health benefit exchange from the health care authority are subject to compliance with state and federal regulations and policies governing the Washington apple health programs, including timely and proper application, eligibility, and enrollment procedures.
(2)(a) By July 15th and January 15th of each year, the authority shall make a payment of one-half the general fundstate appropriation, one-half the health benefit exchange accountstate appropriation, and one-half the health care affordability accountstate appropriation to the exchange. By July 15, 2021, the authority shall make the payments of the general fundfederal appropriation (CRRSA) and the general fundfederal appropriation (ARPA) to the exchange.
(b) The exchange shall monitor actual to projected revenues and make necessary adjustments in expenditures or carrier assessments to ensure expenditures do not exceed actual revenues.
(c) Payments made from general fund—state appropriation and health benefit exchange account—state appropriation shall be available for expenditure for no longer than the period of the appropriation from which it was made. When the actual cost of materials and services have been fully determined, and in no event later than the lapsing of the appropriation, any unexpended balance of the payment shall be returned to the authority for credit to the fund or account from which it was made, and under no condition shall expenditures exceed actual revenue.
(3)(a) $146,000 of the general fundstate appropriation for fiscal year 2022 and $554,000 of the general fundfederal appropriation are provided solely for the exchange, in close consultation with the health and human services enterprise coalition (coalition), to develop a report on the next steps required for information technology solutions for an integrated health and human services eligibility solution. The report must include, but is not limited to a:
(i) Technical approach and architecture;
(ii) Roadmap and implementation plan for modernizing and integrating the information technology eligibility and enrollment system for including, but not limited to, medicaid, basic food, child care assistance, cash assistance, and other health and human service program benefits, beginning with classic medicaid; and
(iii) Discussion of how an integrated health and human services solution would:
(A) Comply with federal requirements;
(B) Maximize efficient use of staff time;
(C) Support accurate and secure client eligibility information;
(D) Improve the client enrollment experience; and
(E) Provide other notable coalition agency impacts.
(b) The exchange, in coordination with the coalition, must submit the report to the governor and appropriate committees of the legislature by January 15, 2022.
(4) $1,634,000 of the health benefit exchange accountstate appropriation and $592,000 of the general fundfederal appropriation are provided solely for healthplanfinder enhancement activities. These amounts are subject to the conditions, limitations, and review provided in section 701 of this act.
(5) $1,324,000 of the health benefit exchange accountstate appropriation and $2,740,000 of the general fundfederal appropriation are provided solely for the modernizing healthplanfinder project. These amounts are subject to the conditions, limitations, and review provided in section 701 of this act.
(6) $250,000 of the general fundfederal appropriation (CRRSA) and $150,000 of the general fundfederal appropriation (ARPA) are provided solely for pass-through funding to one or more lead navigator organizations to promote access to health services through outreach and insurance plan enrollment assistance for employees working in a licensed child care facility.
(7)(a) (($25,171,000))$1,171,000 of the general fundfederal appropriation (CRRSA) and $5,095,000 of the general fundfederal appropriation (ARPA) are provided solely for the exchange to implement a health care insurance premium assistance program for employees who work in licensed child care facilities. The general fundfederal appropriation (CRRSA) must be expended by September 30, 2022.
(b) An individual is eligible for the child care premium assistance program for the remainder of the plan year if the individual:
(i) Is an employee working in a licensed child care facility;
(ii) Enrolls in a silver standardized health plan under RCW 43.71.095;
(iii) Prior to January 1, 2023, has income that is less than 300 percent of the federal poverty level;
(iv) Applies for and accepts all federal advance premium tax credits for which he or she may be eligible before receiving any state premium assistance;
(v) Is ineligible for minimum essential coverage through medicare, a federal or state medical assistance program administered by the health care authority under chapter 74.09 RCW, or for premium assistance under RCW 43.71A.020; and
(vi) Meets other eligibility criteria as established by the exchange.
(c) Subject to the availability of amounts provided in this subsection, the exchange shall pay the premium cost for a qualified health plan for an individual who is eligible for the child care premium assistance program under (b) of this subsection.
(d) The exchange may disqualify a participant from the program if the participant:
(i) No longer meets the eligibility criteria in (b) of this subsection;
(ii) Fails, without good cause, to comply with procedural or documentation requirements established by the exchange in accordance with (e) of this subsection;
(iii) Fails, without good cause, to notify the exchange of a change of address in a timely manner;
(iv) Voluntarily withdraws from the program; or
(v) Performs an act, practice, or omission that constitutes fraud, and, as a result, an insurer rescinds the participant's policy for the qualified health plan.
(e) The exchange shall establish:
(i) Procedural requirements for eligibility and continued participation in any premium assistance program under this section, including participant documentation requirements that are necessary to administer the program; and
(ii) Procedural requirements for facilitating payments to and from carriers.
(f) The program must be implemented no later than November 1, 2021.
(g) No later than October 1, 2022, the exchange shall submit a report to the governor and appropriate committees of the legislature on the implementation of the child care premium assistance program including, but not limited to:
(i) The number of individuals participating in the program to date; and
(ii) The actual costs of the program to date, including agency administrative costs.
(h) Within the amounts provided in this subsection, the exchange may create an outreach program to help employees who work in licensed child care facilities enroll in the premium assistance program, beginning for plan year 2023, as established in chapter 246, Laws of 2021 (Engrossed Second Substitute Senate Bill No. 5377) (standardized health plans).
(8) $136,000 of the general fundstate appropriation for fiscal year 2022, $136,000 of the general fundstate appropriation for fiscal year 2023, $254,000 of the health benefit exchange accountstate appropriation, and $274,000 of the general fundfederal appropriation are provided solely for pass through funding in the annual amount of $100,000 for the lead navigator organization in the four regions with the highest concentration of COFA citizens to:
(a) Support a staff position for someone from the COFA community to provide enrollment assistance to the COFA community beyond the scope of the current COFA program; and
(b) Support COFA community led outreach and enrollment activities that help COFA citizens obtain and access health and dental coverage.
(9) $142,000 of the general fundstate appropriation for fiscal year 2022 and $538,000 of the general fundfederal appropriation are provided solely for the implementation of Substitute Senate Bill No. 5068 (postpartum period/medicaid) and section 9812 of the American rescue plan act of 2021.
(10) (($8,012,000))$8,162,000 of the health benefit exchange accountstate appropriation is provided solely to implement Engrossed Second Substitute Senate Bill No. 5377 (standardized health plans). ((If the bill is not enacted by June 30, 2021, the amount provided in this subsection shall lapse.))
(11)(a) $50,000,000 of the health care affordability accountstate appropriation is provided solely for the exchange to administer a premium assistance program, beginning for plan year 2023, as established in Engrossed Second Substitute Senate Bill No. 5377 (standardized health plans), and this is the maximum amount the exchange may expend for this purpose. An individual is eligible for the premium assistance provided if the individual: (((a)))(i) Has income up to 250 percent of the federal poverty level; and (((b)))(ii) meets other eligibility criteria as established in section 1(4)(a) of Engrossed Second Substitute Senate Bill No. 5377 (standardized health plans).
(b) Of the amounts provided in this subsection, $5,000,000 of the health care affordability accountstate appropriation is contingent upon approval of the applicable federal waiver described in subsection (12)(b) of this section. This funding is provided solely for the exchange to administer premium assistance for customers ineligible for federal premium tax credits who meet eligibility criteria established in (a) of this subsection.
(12)(a) Within amounts appropriated in this section, the exchange, in close consultation with the authority and the office of the insurance commissioner, shall explore opportunities to facilitate enrollment of Washington residents who do not qualify for non-emergency medicaid or federal affordability programs in a state-funded program no later than plan year 2024.
(b) If an opportunity to apply to the secretary of health and human services under 42 U.S.C. Sec. 18052 for a waiver is identified or other federal flexibilities are available, the exchange, in collaboration with the office of the insurance commissioner and the authority may develop an application to be submitted by the authority. If an application is submitted, the authority must notify the chairs and ranking minority members of the appropriate policy and fiscal committees of the legislature.
(c) Any application submitted under this subsection must meet all federal public notice and comment requirements under 42 U.S.C. Sec. 18052(a)(4)(B), including public hearings to ensure a meaningful level of public input.
(d) $50,000 of the general fundstate appropriation for fiscal year 2022 and $2,891,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for system updates and community-led engagement activities necessary to implement the waiver and are subject to the conditions, limitations, and review provided in section 701 of this act.
(13) $733,000 of the general fund—state appropriation for fiscal year 2023 is provided solely for system upgrades necessary for the anticipated expansion of medicaid equivalent health care coverage to uninsured adults with income up to 138 percent of the federal poverty level regardless of immigration status in collaboration with the health care authority.
Sec. 215. 2021 c 334 s 215 (uncodified) is amended to read as follows:
FOR THE STATE HEALTH CARE AUTHORITY—COMMUNITY BEHAVIORAL HEALTH PROGRAM
General FundState Appropriation (FY 2022)
. . . .
(($667,948,000))
     
$688,562,000
General FundState Appropriation (FY 2023)
. . . .
(($733,456,000))
     
$981,563,000
General FundFederal Appropriation
. . . .
(($2,593,457,000))
     
$2,898,843,000
General FundPrivate/Local Appropriation
. . . .
(($37,325,000))
     
$37,662,000
Criminal Justice Treatment AccountState
Appropriation
. . . .
$21,988,000
Problem Gambling AccountState Appropriation
. . . .
(($1,963,000))
     
$2,113,000
Dedicated Marijuana AccountState Appropriation
(FY 2022)
. . . .
$28,493,000
Dedicated Marijuana AccountState Appropriation
(FY 2023)
. . . .
$28,493,000
Coronavirus State Fiscal Recovery FundFederal
Appropriation
. . . .
(($31,000,000))
     
$89,000,000
TOTAL APPROPRIATION
. . . .
(($4,144,123,000))
     
$4,776,717,000
The appropriations in this section are subject to the following conditions and limitations:
(1) For the purposes of this section, "behavioral health entities" means managed care organizations and behavioral health administrative services organizations that reimburse providers for behavioral health services.
(2) Within the amounts appropriated in this section, funding is provided for implementation of the settlement agreement under Trueblood, et al. v. Department of Social and Health Services, et al., United States District Court for the Western District of Washington, Cause No. 14-cv-01178-MJP. In addition to amounts provided solely for implementation of the settlement agreement, class members must have access to supports and services funded throughout this section for which they meet eligibility and medical necessity requirements. The authority must include language in contracts that requires regional behavioral health entities to develop and implement plans for improving access to timely and appropriate treatment for individuals with behavioral health needs and current or prior criminal justice involvement who are eligible for services under these contracts.
(3) (($22,643,000))$23,271,000 of the general fundstate appropriation for fiscal year 2022, (($27,143,000))$30,764,000 of the general fundstate appropriation for fiscal year 2023, and (($9,073,000))$11,753,000 of the general fundfederal appropriation are provided solely to continue the phase-in of the settlement agreement under Trueblood, et al. v. Department of Social and Health Services, et al., United States District Court for the Western District of Washington, Cause No. 14-cv-01178-MJP. The authority, in collaboration with the department of social and health services and the criminal justice training commission, must implement the provisions of the settlement agreement pursuant to the timeline and implementation plan provided for under the settlement agreement. This includes implementing provisions related to competency evaluations, competency restoration, crisis diversion and supports, education and training, and workforce development.
(4) $10,000,000 of the general fundstate appropriation for fiscal year 2023 and $219,000 of the general fundfederal appropriation are provided solely to continue diversion grant programs funded through contempt fines pursuant to Trueblood, et al. v. Department of Social and Health Services, et al., United States District Court for the Western District of Washington, Cause No. 14-cv-01178-MJP. The authority must consult with the plaintiffs and court monitor to determine, within the amounts provided, which of the programs will continue to receive funding through this appropriation. The programs shall use this funding to provide assessments, mental health treatment, substance use disorder treatment, case management, employment, and other social services. By December 31, 2022, the authority, in consultation with the plaintiffs and the court monitor, must submit a report to the office of financial management and the appropriate fiscal committees of the legislature which includes: Identification of the programs that receive funding through this subsection; a narrative description of each program model; the number of individuals being served by each program on a monthly basis; metrics or outcomes reported as part of the contracts; and recommendations related to further support of these programs in the 2023-2025 fiscal biennium.
(5)(($10,424,000))$12,359,000 of the general fundstate appropriation for fiscal year 2022, (($10,424,000))$12,359,000 of the general fundstate appropriation for fiscal year 2023, and $23,444,000 of the general fundfederal appropriation are provided solely for the authority and behavioral health entities to continue to contract for implementation of high-intensity programs for assertive community treatment (PACT) teams. In determining the proportion of medicaid and nonmedicaid funding provided to behavioral health entities with PACT teams, the authority shall consider the differences between behavioral health entities in the percentages of services and other costs associated with the teams that are not reimbursable under medicaid. The authority may allow behavioral health entities which have nonmedicaid reimbursable costs that are higher than the nonmedicaid allocation they receive under this section to supplement these funds with local dollars or funds received under subsection (((6)))(7) of this section. The authority and behavioral health entities shall maintain consistency with all essential elements of the PACT evidence-based practice model in programs funded under this section.
(((5)))(6) $3,520,000 of the general fundfederal appropriation is provided solely for the authority to maintain a pilot project to incorporate peer bridging staff into behavioral health regional teams that provide transitional services to individuals returning to their communities.
(((6) $95,066,000))(7) $95,822,000 of the general fundstate appropriation for fiscal year 2022 and (($95,066,000))$126,707,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for persons and services not covered by the medicaid program. To the extent possible, levels of behavioral health entity spending must be maintained in the following priority order: Crisis and commitment services; community inpatient services; and residential care services, including personal care and emergency housing assistance. These amounts must be distributed to behavioral health entities as follows:
(a) $72,275,000 of the general fundstate appropriation for fiscal year 2022 and (($72,275,000))$96,334,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for the authority to contract with behavioral health administrative service organizations for behavioral health treatment services not covered under the medicaid program. Within these amounts, behavioral health administrative service organizations must provide a two percent rate increase to providers receiving state funds for nonmedicaid services under this section effective July 1, 2021, and a seven percent rate increase effective January 1, 2023.
(b) (($22,791,000))$23,547,000 of the general fundstate appropriation for fiscal year 2022 and (($22,791,000))$30,373,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for the authority to contract with medicaid managed care organizations for wraparound services to medicaid enrolled individuals that are not covered under the medicaid program and for the state share of costs for exceptional medicaid behavioral health personal care services. Within the amounts provided in this subsection:
(i) Medicaid managed care organizations must provide a two percent rate increase to providers receiving state funding for nonmedicaid services under this section effective July 1, 2021, and a seven percent rate increase effective January 1, 2023.
(ii) The authority shall assure that managed care organizations reimburse the department of social and health services aging and long term support administration for the general fund—state cost of exceptional behavioral health personal care services for medicaid enrolled individuals who require these because of a psychiatric disability. Funding for the federal share of these services is separately appropriated to the department of social and health services.
(c) The authority shall coordinate with the department of social and health services to develop and submit to the centers for medicare and medicaid services an application to provide a 1915(i) state plan home and community-based services benefit. The application shall be developed to allow for the delivery of wraparound supportive behavioral health services for individuals with mental illnesses who also have a personal care need. The waiver shall be developed to standardize coverage and administration, improve the current benefit design, and clarify roles in administration of the behavioral health personal care services benefit. By December 1, 2021, the authority, in coordination with the department of social and health services, must submit a report to the office of financial management and the appropriate committees of the legislature which provides the following:
(i) A description of the new benefit design developed for the waiver, including a description of the services to be provided and the responsibility for payment under the waiver;
(ii) Estimates of the number of individuals to be served annually under the new waiver and the estimated state and federal fiscal costs for the managed care organizations and the department of social and health services;
(iii) A comparison estimate of the number of individuals to receive behavioral health personal care services annually under the current benefit structure and the estimated state and federal fiscal costs for the managed care organizations and the department of social and health services; and
(iv) A status update on the development and submission of the waiver with an estimated timeline for approval and implementation of the new wraparound services benefit.
(d) The authority must require behavioral health administrative service organizations to submit information related to reimbursements to counties made for involuntary treatment act judicial services and submit a report to the office of financial management and the appropriate committees of the legislature with complete fiscal year 2022 reimbursements by December 1, 2022.
(((7)))(8) The authority is authorized to continue to contract directly, rather than through contracts with behavioral health entities for children's long-term inpatient facility services.
(((8)))(9) $1,204,000 of the general fundstate appropriation for fiscal year 2022 and $1,204,000 of the general fundstate appropriation for fiscal year 2023 are provided solely to reimburse Pierce and Spokane counties for the cost of conducting one hundred eighty-day commitment hearings at the state psychiatric hospitals.
(((9)))(10) Behavioral health entities may use local funds to earn additional federal medicaid match, provided the locally matched rate does not exceed the upper-bound of their federally allowable rate range, and provided that the enhanced funding is used only to provide medicaid state plan or waiver services to medicaid clients. Additionally, behavioral health entities may use a portion of the state funds allocated in accordance with subsection (((6)))(7) of this section to earn additional medicaid match, but only to the extent that the application of such funds to medicaid services does not diminish the level of crisis and commitment, community inpatient, residential care, and outpatient services presently available to persons not eligible for medicaid.
(((10)))(11) $2,291,000 of the general fund—state appropriation for fiscal year 2022 and $2,291,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for mental health services for mentally ill offenders while confined in a county or city jail and for facilitating access to programs that offer mental health services upon release from confinement. The authority must collect information from the behavioral health entities on their plan for using these funds, the numbers of individuals served, and the types of services provided and submit a report to the office of financial management and the appropriate fiscal committees of the legislature by December 1st of each year of the biennium.
(((11)))(12) Within the amounts appropriated in this section, funding is provided for the authority to develop and phase in intensive mental health services for high needs youth consistent with the settlement agreement in T.R. v. Dreyfus and Porter.
(((12)))(13) The authority must establish minimum and maximum funding levels for all reserves allowed under behavioral health administrative service organization contracts and include contract language that clearly states the requirements and limitations. The authority must monitor and ensure that behavioral health administrative service organization reserves do not exceed maximum levels. The authority must monitor revenue and expenditure reports and must require a behavioral health administrative service organization to submit a corrective action plan on how it will spend its excess reserves within a reasonable period of