S-2406.2

SUBSTITUTE SENATE BILL 5092

State of Washington
67th Legislature
2021 Regular Session
BySenate Ways & Means (originally sponsored by Senators Rolfes, Wilson, L., and Wilson, C.; by request of Office of the Governor)
READ FIRST TIME 03/31/21.
AN ACT Relating to fiscal matters; amending RCW 38.52.105, 41.06.280, 41.45.230, 41.80.010, 43.08.190, 43.09.475, 43.43.839, 43.79.195, 43.79.270, 43.79.280, 43.88C.010, 43.99N.060, 43.101.200, 43.101.220, 43.185C.060, 43.320.110, 43.380.020, 46.09.520, 67.16.100, 70A.200.140, 71.24.580, 74.46.561, 76.04.610, 79.64.040, 79.105.150, 79A.25.210, 82.14.310, 83.100.230, 43.70.---, 41.26.450, and 43.88.058; amending 2020 c 127 s 14, 2019 c 415 ss 729, 508, and 1, and 2020 c 357 ss 101, 102, 103, 104, 105, 106, 107, 108, 113, 115, 116, 117, 118, 119, 120, 121, 122, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 139, 140, 141, 142, 143, 144, 145, 147, 148, 149, 150, 201, 202, 203, 204, 205, 206, 207, 208, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 401, 402, 501, 503, 505, 506, 507, 508, 509, 510, 511, 513, 514, 515, 516, 517, 518, 519, 520, 602, 603, 604, 605, 606, 607, 608, 609, 610, 611, 612, 613, 614, 615, 616, 701, 702, 703, 704, 706, 707, 801, and 804 (uncodified); reenacting and amending RCW 28B.115.070, 43.155.050, 69.50.540, and 79.64.110; adding new sections to chapter 43.79 RCW; adding a new section to chapter 70.48 RCW; adding new sections to 2020 c 357 (uncodified); creating new sections; making appropriations; providing an expiration date; and declaring an emergency.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
NEW SECTION.  Sec. 1. (1) A budget is hereby adopted and, subject to the provisions set forth in the following sections, the several amounts specified in parts I through IX of this act, or so much thereof as shall be sufficient to accomplish the purposes designated, are hereby appropriated and authorized to be incurred for salaries, wages, and other expenses of the agencies and offices of the state and for other specified purposes for the fiscal biennium beginning July 1, 2021, and ending June 30, 2023, except as otherwise provided, out of the several funds of the state hereinafter named.
(2) Unless the context clearly requires otherwise, the definitions in this section apply throughout this act.
(a) "ARPA" means funds attributable to the American rescue plan act of 2021, P.L. 117-2.
(b) "CRF" means funds attributable to the coronavirus relief fund created by section 5001, the coronavirus aid, relief, and economic security act, P.L. 116-136, division A.
(c) "CRRSA" means funds attributable to the coronavirus response and relief supplemental appropriations act, P.L. 116-260, division M.
(d) "CRRSA/ESSER" means funds attributable to the elementary and secondary school emergency relief fund, as modified by the coronavirus response and relief supplemental appropriations act, P.L. 116-260, division M.
(e) "Fiscal year 2022" or "FY 2022" means the fiscal year ending June 30, 2022.
(f) "Fiscal year 2023" or "FY 2023" means the fiscal year ending June 30, 2023.
(g) "FTE" means full time equivalent.
(h) "Lapse" or "revert" means the amount shall return to an unappropriated status.
(i) "Provided solely" means the specified amount may be spent only for the specified purpose. Unless otherwise specifically authorized in this act, any portion of an amount provided solely for a specified purpose which is not expended subject to the specified conditions and limitations to fulfill the specified purpose shall lapse.
PART I
GENERAL GOVERNMENT
NEW SECTION.  Sec. 101. FOR THE HOUSE OF REPRESENTATIVES
General FundState Appropriation (FY 2022)
. . . .
$45,445,000
General FundState Appropriation (FY 2023)
. . . .
$46,775,000
TOTAL APPROPRIATION
. . . .
$92,220,000
NEW SECTION.  Sec. 102. FOR THE SENATE
General FundState Appropriation (FY 2022)
. . . .
$32,511,000
General FundState Appropriation (FY 2023)
. . . .
$35,649,000
TOTAL APPROPRIATION
. . . .
$68,160,000
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.
NEW SECTION.  Sec. 103. FOR THE JOINT LEGISLATIVE AUDIT AND REVIEW COMMITTEE
General FundState Appropriation (FY 2022)
. . . .
$441,000
General FundState Appropriation (FY 2023)
. . . .
$260,000
Performance Audits of Government AccountState
Appropriation
. . . .
$9,343,000
TOTAL APPROPRIATION
. . . .
$10,044,000
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) $150,000 of the general fundstate appropriation for fiscal year 2022 is provided solely for implementation of Engrossed Substitute Senate Bill No. 5268 (developmental disability services). If the bill is not enacted by June 30, 2021, the amount provided in this subsection shall lapse.
(3) 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.
NEW SECTION.  Sec. 104. FOR THE LEGISLATIVE EVALUATION AND ACCOUNTABILITY PROGRAM COMMITTEE
Performance Audits of Government AccountState
Appropriation
. . . .
$4,645,000
TOTAL APPROPRIATION
. . . .
$4,645,000
NEW SECTION.  Sec. 105. FOR THE JOINT LEGISLATIVE SYSTEMS COMMITTEE
General FundState Appropriation (FY 2022)
. . . .
$14,125,000
General FundState Appropriation (FY 2023)
. . . .
$14,230,000
TOTAL APPROPRIATION
. . . .
$28,355,000
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. 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
. . . .
$250,000
Department of Retirement Systems Expense Account
State Appropriation
. . . .
$6,080,000
School Employees' Insurance Administrative Account
State Appropriation
. . . .
$249,000
TOTAL APPROPRIATION
. . . .
$7,328,000
NEW SECTION.  Sec. 107. FOR THE STATUTE LAW COMMITTEE
General FundState Appropriation (FY 2022)
. . . .
$5,339,000
General FundState Appropriation (FY 2023)
. . . .
$5,763,000
TOTAL APPROPRIATION
. . . .
$11,102,000
NEW SECTION.  Sec. 108. FOR THE OFFICE OF LEGISLATIVE SUPPORT SERVICES
General FundState Appropriation (FY 2022)
. . . .
$4,536,000
General FundState Appropriation (FY 2023)
. . . .
$5,026,000
TOTAL APPROPRIATION
. . . .
$9,562,000
NEW SECTION.  Sec. 109. FOR THE REDISTRICTING COMMISSION
General FundState Appropriation (FY 2022)
. . . .
$1,633,000
General FundState Appropriation (FY 2023)
. . . .
$22,000
TOTAL APPROPRIATION
. . . .
$1,655,000
The appropriation in this section is subject to the following conditions and limitations: The entire general fundstate appropriation for fiscal year 2023 is provided solely for the payment of expenses associated with the cessation of the commission's operations. The secretary of the senate and chief clerk of the house of representatives may jointly authorize the expenditure of these funds.
NEW SECTION.  Sec. 110. LEGISLATIVE AGENCIES
In order to achieve operating efficiencies within the financial resources available to the legislative branch, the executive rules committee of the house of representatives and the facilities and operations committee of the senate by joint action may transfer funds among the house of representatives, senate, joint legislative audit and review committee, legislative evaluation and accountability program committee, joint transportation committee, office of the state actuary, joint legislative systems committee, statute law committee, and office of legislative support services.
NEW SECTION.  Sec. 111. FOR THE SUPREME COURT
General FundState Appropriation (FY 2022)
. . . .
$9,632,000
General FundState Appropriation (FY 2023)
. . . .
$9,764,000
TOTAL APPROPRIATION
. . . .
$19,396,000
NEW SECTION.  Sec. 112. FOR THE LAW LIBRARY
General FundState Appropriation (FY 2022)
. . . .
$1,772,000
General FundState Appropriation (FY 2023)
. . . .
$1,797,000
TOTAL APPROPRIATION
. . . .
$3,569,000
NEW SECTION.  Sec. 113. FOR THE COMMISSION ON JUDICIAL CONDUCT
General FundState Appropriation (FY 2022)
. . . .
$1,625,000
General FundState Appropriation (FY 2023)
. . . .
$1,637,000
TOTAL APPROPRIATION
. . . .
$3,262,000
NEW SECTION.  Sec. 114. FOR THE COURT OF APPEALS
General FundState Appropriation (FY 2022)
. . . .
$21,613,000
General FundState Appropriation (FY 2023)
. . . .
$22,067,000
TOTAL APPROPRIATION
. . . .
$43,680,000
NEW SECTION.  Sec. 115. FOR THE ADMINISTRATOR FOR THE COURTS
General FundState Appropriation (FY 2022)
. . . .
$100,792,000
General FundState Appropriation (FY 2023)
. . . .
$83,676,000
General FundFederal Appropriation
. . . .
$2,209,000
General FundPrivate/Local Appropriation
. . . .
$681,000
Judicial Stabilization Trust AccountState
Appropriation
. . . .
$6,692,000
Judicial Information Systems AccountState
Appropriation
. . . .
$60,664,000
TOTAL APPROPRIATION
. . . .
$254,714,000
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) $1,399,000 of the general fundstate appropriation for fiscal year 2022 and $1,399,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for school districts for petitions to juvenile court for truant students as provided in RCW 28A.225.030 and 28A.225.035. The administrator for the courts shall develop an interagency agreement with the superintendent of public instruction to allocate the funding provided in this subsection. Allocation of this money to school districts shall be based on the number of petitions filed. This funding includes amounts school districts may expend on the cost of serving petitions filed under RCW 28A.225.030 by certified mail or by personal service or for the performance of service of process for any hearing associated with RCW 28A.225.030.
(3)(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 to fund the costs administering the 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 processing costs nor penalize counties with lower than average per-petition 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.
(4) $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.
(5) $4,505,000 of the general fundstate appropriation for fiscal year 2022 and $4,505,000 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.
(6) $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.
(7) $67,000 of the general fundstate appropriation for fiscal year 2022 is provided solely for implementation of Engrossed Substitute Senate Bill No. 5122 (juvenile court jurisdictions). If the bill is not enacted by June 30, 2021, the amount provided in this subsection shall lapse.
(8) $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.
(9) $10,500,000 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 to provide support to local courts to address impacts from the supreme court decision in State v. Blake. Of the amounts provided in this subsection:
(a) $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 to create a work group consisting of the superior court judges association, the Washington association of prosecuting attorneys, the Washington defender association, the office of public defense, the superior courts, and other stakeholders to develop recommendations for strategies and processes to be implemented at the local level to expedite case reviews and hearings to implement the State v. Blake decision.
(b) $10,000,000 of the general fundstate appropriation for fiscal year 2022 is provided solely for grants to the superior courts for excess court-related expenditures related to implementing the State v. Blake decision. The work group in (a) of this subsection must develop an equitable methodology to distribute grant funds. The methodology must favor superior courts adopting the recommendations of the work group or other methods that expedite the resolution of cases impacted by the State v. Blake decision. The work group must also consider the following non-exclusive factors in the distribution methodology:
(i) Volume of impacted cases;
(ii) Local court capacity to address impacted cases;
(iii) Financial capacity of the county; and
(iv) Additional local resources to be contributed by the county to address impacted cases.
(c) Grants under (b) of this subsection may not be distributed until the office provides the law and justice committees and the fiscal committees of the legislature with a report on the work group's recommendations developed in (a) of this subsection and the methodology to distribute grants in (b) of this subsection. Each local court receiving grants from (b) of this subsection must agree to provide the office with data related to the number of cases reviewed, the number of hearings requested and held, the number of cases resolved, and the cost per case. The office must compile and report this data on a quarterly basis to the legislative committees.
(10) $8,000,000 of the general fundstate appropriation for fiscal year 2022 is 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.
(11) $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.
(12) $1,892,000 of the general fundstate appropriation for fiscal year 2022 and $1,892,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for distribution to counties to assist with costs of electronic monitoring with victim notification technology when an individual seeking a protection order requests electronic monitoring with victim notification technology from the court and the individual is unable to pay the cost.
NEW SECTION.  Sec. 116. FOR THE OFFICE OF PUBLIC DEFENSE
General FundState Appropriation (FY 2022)
. . . .
$48,152,000
General FundState Appropriation (FY 2023)
. . . .
$48,130,000
Judicial Stabilization Trust AccountState
Appropriation
. . . .
$3,870,000
TOTAL APPROPRIATION
. . . .
$100,152,000
The appropriations in this section are subject to the following conditions and limitations: $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 task force to review, make recommendations, and report to the legislature on the delivery and funding of indigent legal services provided or paid for through the state or local government.
(1) The advisory committee of the office created in RCW 2.70.030 will determine the membership of the task force. The office must provide staff support to the task force.
(2) The task force will address the following issues and topics:
(a) Provide an overview of how indigent legal services are delivered by case type, recognizing the significant investments made in the 2021 legislative session; whether the provision of the service is constitutionally or statutorily required or discretionary; and how each case type is funded;
(b) Develop methods to collect data, performance measures, and outcome metrics to assess the use and effectiveness of state funding for indigent legal services including, but not limited to, number of clients served; timeliness, quality, and effectiveness of service; and state cost or contribution per case;
(c) Examine different delivery and funding systems for the provision of indigent legal services by case type and make recommendations to improve effective use of state resources; and
(d) Examine the development of a more unified state administered system to deliver indigent legal services, or to deliver such services as an option for local jurisdictions, with local governments providing a direct financial contribution to the cost of the system. The examination must assess the appropriate method and measure of the local financial contribution when state delivery of an indigent legal service would relieve the local jurisdiction of a current obligation to deliver or fund the service, or both.
(3) The progress report of the activities and any preliminary recommendations is due to the law and justice and fiscal committees of the legislature by December 1, 2021, with a final report due by December 1, 2022.
(4) $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.
(5) $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.
NEW SECTION.  Sec. 117. FOR THE OFFICE OF CIVIL LEGAL AID
General FundState Appropriation (FY 2022)
. . . .
$40,517,000
General FundState Appropriation (FY 2023)
. . . .
$40,574,000
Judicial Stabilization Trust AccountState
Appropriation
. . . .
$1,464,000
TOTAL APPROPRIATION
. . . .
$82,555,000
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 provided 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) $10,772,000 of the general fundstate appropriation for fiscal year 2022 and $11,478,000 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.
NEW SECTION.  Sec. 118. FOR THE OFFICE OF THE GOVERNOR
General FundState Appropriation (FY 2022)
. . . .
$13,207,000
General FundState Appropriation (FY 2023)
. . . .
$13,033,000
Economic Development Strategic Reserve AccountState
Appropriation
. . . .
$5,000,000
TOTAL APPROPRIATION
. . . .
$31,240,000
The appropriations in this section are subject to the following conditions and limitations:
(1) $703,000 of the general fund—state appropriation for fiscal year 2022 and $803,000 of the general fund—state appropriation for fiscal year 2023 are provided solely for the office of the education ombuds.
(2) $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 office of the governor to contract with project management resources to assist the health care authority and department of social and health services to coordinate efforts to transform the behavioral health system transformation efforts and improve the collection and availability of data.
(3) $1,289,000 of the general fundstate appropriation for fiscal year 2022 and $1,289,000 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).
(4) $2,365,000 of the general fundstate appropriation for fiscal year 2022 and $2,295,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for implementation of Engrossed Second Substitute Senate Bill No. 5036 (total confinement release). If the bill is not enacted by June 30, 2021, the amounts provided in this subsection shall lapse.
(5) $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.
(6) $230,000 of the general fundstate appropriation for fiscal year 2022 and $120,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for implementation of 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.
(7) $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(1)(t) of this act.
(8)(a) $20,000 of the general fundstate appropriation 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 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.
NEW SECTION.  Sec. 119. FOR THE LIEUTENANT GOVERNOR
General FundState Appropriation (FY 2022)
. . . .
$1,847,000
General FundState Appropriation (FY 2023)
. . . .
$1,581,000
General FundPrivate/Local Appropriation
. . . .
$90,000
TOTAL APPROPRIATION
. . . .
$3,518,000
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.
NEW SECTION.  Sec. 120. FOR THE PUBLIC DISCLOSURE COMMISSION
General FundState Appropriation (FY 2022)
. . . .
$5,630,000
General FundState Appropriation (FY 2023)
. . . .
$5,467,000
Public Disclosure Transparency AccountState
Appropriation
. . . .
$1,014,000
TOTAL APPROPRIATION
. . . .
$12,111,000
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.
NEW SECTION.  Sec. 121. FOR THE SECRETARY OF STATE
General FundState Appropriation (FY 2022)
. . . .
$20,672,000
General FundState Appropriation (FY 2023)
. . . .
$30,981,000
General FundFederal Appropriation
. . . .
$12,684,000
Public Records Efficiency, Preservation, and Access
AccountState Appropriation
. . . .
$9,890,000
Charitable Organization Education AccountState
Appropriation
. . . .
$901,000
Washington State Library Operations AccountState
Appropriation
. . . .
$11,562,000
Local Government Archives AccountState
Appropriation
. . . .
$9,984,000
Election AccountFederal Appropriation
. . . .
$4,368,000
TOTAL APPROPRIATION
. . . .
$101,042,000
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) $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.
(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 solely for eligible museum services, pursuant to section 2023, American rescue plan act of 2021, P.L. 117-2. Of the amount provided in this subsection:
(a) $1,800,000 of the general fundfederal appropriation (ARPA) is provided solely for the Washington state historical society; and
(b) $1,800,000 of the general fundfederal appropriation (ARPA) is provided solely for the eastern Washington historical society.
NEW SECTION.  Sec. 122. FOR THE GOVERNOR'S OFFICE OF INDIAN AFFAIRS
General FundState Appropriation (FY 2022)
. . . .
$398,000
General FundState Appropriation (FY 2023)
. . . .
$398,000
TOTAL APPROPRIATION
. . . .
$796,000
The appropriations in this section are subject to the following conditions and limitations: 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.
NEW SECTION.  Sec. 123. FOR THE COMMISSION ON ASIAN PACIFIC AMERICAN AFFAIRS
General FundState Appropriation (FY 2022)
. . . .
$442,000
General FundState Appropriation (FY 2023)
. . . .
$460,000
TOTAL APPROPRIATION
. . . .
$902,000
NEW SECTION.  Sec. 124. FOR THE STATE TREASURER
General FundState Appropriation (FY 2022)
. . . .
$250,000
State Treasurer's Service AccountState
Appropriation
. . . .
$20,108,000
TOTAL APPROPRIATION
. . . .
$20,358,000
The appropriation in this section is subject to the following conditions and limitations: $250,000 of the general fundstate appropriation for fiscal year 2022 is provided solely for the state treasurer to complete the required study on the staffing and operational needs for the public cooperative contained in Engrossed Second Substitute Senate Bill No. 5188 (public cooperative). If the bill is not enacted by June 30, 2021, the amount provided in this subsection shall lapse.
NEW SECTION.  Sec. 125. FOR THE STATE AUDITOR
General FundState Appropriation (FY 2022)
. . . .
$28,000
General FundState Appropriation (FY 2023)
. . . .
$32,000
Auditing Services Revolving AccountState
Appropriation
. . . .
$14,351,000
Performance Audits of Government AccountState
Appropriation
. . . .
$1,673,000
TOTAL APPROPRIATION
. . . .
$16,084,000
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.
NEW SECTION.  Sec. 126. FOR THE CITIZENS' COMMISSION ON SALARIES FOR ELECTED OFFICIALS
General FundState Appropriation (FY 2022)
. . . .
$248,000
General FundState Appropriation (FY 2023)
. . . .
$278,000
TOTAL APPROPRIATION
. . . .
$526,000
NEW SECTION.  Sec. 127. FOR THE ATTORNEY GENERAL
General FundState Appropriation (FY 2022)
. . . .
$18,063,000
General FundState Appropriation (FY 2023)
. . . .
$22,863,000
General FundFederal Appropriation
. . . .
$18,226,000
Public Service Revolving AccountState Appropriation
. . . .
$4,114,000
New Motor Vehicle Arbitration AccountState
Appropriation
. . . .
$1,708,000
Medicaid Fraud Penalty AccountState Appropriation
. . . .
$5,862,000
Child Rescue FundState Appropriation
. . . .
$80,000
Legal Services Revolving AccountState Appropriation
. . . .
$294,794,000
Local Government Archives AccountState
Appropriation
. . . .
$1,017,000
Local Government Archives AccountLocal
Appropriation
. . . .
($20,000)
Tobacco Prevention and Control AccountState
Appropriation
. . . .
$273,000
Consumer Privacy AccountState Appropriation
. . . .
$1,241,000
TOTAL APPROPRIATION
. . . .
$368,221,000
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) $334,000 of the legal services revolving fundstate appropriation is provided solely for implementation of Engrossed Second Substitute Senate Bill No. 5036 (total confinement release). If the bill is not enacted by June 30, 2021, the amount provided in this subsection shall lapse.
(10) $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.
(11) $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.
(12) $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.
(13) $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.
(14) $788,000 of the legal services revolving accountstate appropriation is provided solely for implementation of Engrossed Substitute Senate Bill No. 5115 (health emergency/labor). If the bill is not enacted by June 30, 2021, the amount provided in this subsection shall lapse.
(15) $120,000 of the legal services revolving fundstate appropriation 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.
(16) $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.
(17) $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.
(18) $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.
(19) $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.
(20) $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 to support the Washington state missing and murdered indigenous women and people task force created in section 989 of this act. Of the amounts provided:
(a) $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 grants to one tribal organization and one urban Indian organization; the American Indian health commission, the Seattle Indian health board, or other similar organization; for participating on the task force on an equal basis to provide facilitation services to the task force and report writing collaboration;
(b) $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 costs related to task force authorized stipends and consultant services; managing, coordinating, and reporting task force meetings and summits; data analysis and research; and other goods and services as deemed necessary by the office and the task force facilitators; and
(c) $50,000 of the general fundstate appropriation for fiscal year 2023 is provided solely for the annual task force summit. The Washington state office of the attorney general may contract as it deems necessary for the summit.
(21) $98,000 of the general fundstate appropriation for fiscal year 2022 and $98,000 of the general fundstate appropriation for fiscal year 2023 are provided solely to provide staff support to the joint legislative task force on jail standards created in section 978 of this act.
NEW SECTION.  Sec. 128. FOR THE CASELOAD FORECAST COUNCIL
General FundState Appropriation (FY 2022)
. . . .
$2,057,000
General FundState Appropriation (FY 2023)
. . . .
$2,158,000
Workforce Education Investment AccountState
Appropriation
. . . .
$326,000
TOTAL APPROPRIATION
. . . .
$4,541,000
The appropriations in this section are subject to the following conditions and limitations:
(1) $314,000 of the workforce education investment accountstate appropriation is provided solely to forecast the caseload for the Washington college grant program.
(2) $1,000 of the general fundstate appropriation for fiscal year 2022 is provided solely for implementation of Second Substitute Senate Bill No. 5293 (mental health sentencing alternatives). If the bill is not enacted by June 30, 2021, the amount provided in this subsection shall lapse.
(3) $2,000 of the general fundstate appropriation for fiscal year 2023 is provided solely for implementation of Engrossed Substitute Senate Bill No. 5122 (juvenile court jurisdiction). If the bill is not enacted by June 30, 2021, the amount provided in this subsection shall lapse.
(4) $94,000 of the general fundstate appropriation for fiscal year 2022 and $188,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for implementation of Engrossed Substitute Senate Bill No. 5268 (developmental disability services). If the bill is not enacted by June 30, 2021, the amounts provided in this subsection shall lapse.
(5) 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.
NEW SECTION.  Sec. 129. FOR THE DEPARTMENT OF COMMERCE
General FundState Appropriation (FY 2022)
. . . .
$178,352,000
General FundState Appropriation (FY 2023)
. . . .
$162,077,000
General FundFederal Appropriation
. . . .
$1,333,152,000
General FundPrivate/Local Appropriation
. . . .
$8,852,000
Public Works Assistance AccountState Appropriation
. . . .
$8,064,000
Lead Paint AccountState Appropriation
. . . .
$110,000
Building Code Council AccountState Appropriation
. . . .
$17,000
Liquor Excise Tax AccountState Appropriation
. . . .
$658,000
Home Security Fund AccountState Appropriation
. . . .
$77,822,000
Affordable Housing for All AccountState
Appropriation
. . . .
$9,825,000
Financial Fraud and Identity Theft Crimes
Investigation and Prosecution AccountState
Appropriation
. . . .
$2,670,000
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
. . . .
$4,085,000
Growth Management Planning and Environmental Review
FundState Appropriation
. . . .
$5,785,000
Liquor Revolving AccountState Appropriation
. . . .
$5,919,000
Washington Housing Trust AccountState Appropriation
. . . .
$66,002,000
Prostitution Prevention and Intervention Account
State Appropriation
. . . .
$26,000
Public Facility Construction Loan Revolving Account
State Appropriation
. . . .
$1,220,000
Model Toxics Control Stormwater AccountState
Appropriation
. . . .
$100,000
Dedicated Marijuana AccountState Appropriation
(FY 2022)
. . . .
$1,650,000
Dedicated Marijuana AccountState Appropriation
(FY 2023)
. . . .
$1,650,000
Andy Hill Cancer Research Endowment Fund Match
Transfer AccountState Appropriation
. . . .
$10,920,000
Community Preservation and Development Authority
AccountState Appropriation
. . . .
$500,000
Real Estate Commission AccountState Appropriation
. . . .
$267,000
TOTAL APPROPRIATION
. . . .
$1,884,157,000
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) $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 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 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 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) $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 (a) shared permanent supportive housing; (b) independent permanent supportive housing; and (c) low and no-barrier housing beds for people with a criminal history, substance abuse disorder, and/or mental illness.
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 of the general fundstate appropriation for fiscal year 2022 and $2,000,000 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.
(22)(a) $18,500,000 of the general fundstate appropriation for fiscal year 2022, $18,500,000 of the general fundstate appropriation for fiscal year 2023, and $20,000,000 of the housing trust fund accountstate appropriation are 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)(a) $5,125,000 of the general fundstate appropriation for fiscal year 2022, $7,125,000 of the general fundstate appropriation for fiscal year 2023, and $7,000,000 of the home security fundstate appropriation are provided solely for the office of homeless youth prevention and protection programs to:
(i) 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;
(ii) Contract with other public agency partners to test innovative program models that prevent youth from exiting public systems into homelessness; and
(iii) 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.
(b) Of the amounts provided in this subsection:
(i) $3,000,000 of the general fund—state appropriation for fiscal year 2022 and $5,000,000 of the general fund—state appropriation for fiscal year 2023 are provided solely to build infrastructure and services to support a continuum of interventions including but not limited to prevention, crisis response, and long-term housing in reducing youth homelessness in communities identified as part of the anchor community initiative; and
(ii) $2,125,000 of the general fund—state appropriation for fiscal year 2022 and $2,125,000 of the general fund—state appropriation for fiscal year 2023 are provided solely for a 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 eighteen. Young adult housing includes, but is not limited to, rental assistance and case management for young adults ages eighteen to twenty-four. 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 30 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.
(24) $52,070,000 of the general fundstate appropriation for fiscal year 2022 and $52,070,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for the essential needs and housing support program.
(25) $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.
(26) The department must develop a model ordinance for cities and counties to utilize for siting community based behavioral health facilities.
(27) $1,246,000 of the liquor excise tax account—state appropriation is provided solely for the department to provide fiscal note assistance to local governments, including increasing staff expertise in multiple subject matter areas, including but not limited to criminal justice, taxes, election impacts, transportation, and land use, and providing training and staff preparation prior to legislative sessions.
(28) $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 aid 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.
(29) $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.
(30) $1,500,000 of the general fundstate appropriation for fiscal year 2022, $1,500,000 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.
(31) $10,920,000 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.
(32) $550,000 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 operations of the long-term care ombudsman program.
(33) $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.
(34) $8,500,000 of the home security fundstate appropriation and $26,500,000 of the housing trust fund accountstate appropriation are 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 individuals experiencing homelessness in general or for specific populations of individuals experiencing homelessness. 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.
(35) $1,007,000 of the general fundstate appropriation for fiscal year 2022 and $1,007,000 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.
(36) $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.
(37) $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.
(38) $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.
(39) $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 in starting and sustaining 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.
(40) $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.
(41) $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 department of commerce to contract with a nonprofit organization to establish and operate a center for child care retention and expansion. The nonprofit organization must be a Bellingham, Washington-based nonprofit community action agency with fifty years of experience serving homeless and low-income families and individuals.
(a) Funding provided in this subsection may be used for, but is not limited to, the following purposes:
(i) Creating a rapid response team trained to help child care businesses whose continuity of operations is threatened;
(ii) Developing business model prototypes for new child care settings; and
(iii) Assisting existing or new child care businesses in assessing readiness for expansion or acquisition.
(b) Of the amounts provided in this subsection:
(i) $120,000 of the general fundstate appropriation for fiscal year 2022 and $120,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for staffing at the center for child care; and
(ii) $380,000 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 nonprofit organization to distribute grants to third party child care providers and nongovernmental organizations. Nonprofit entities applying for funding as a statewide network must:
(A) Have an existing infrastructure or network of academic, innovation, and mentoring program grant-eligible entities;
(B) Provide after-school and summer programs with youth development services; and
(C) Provide proven and tested recreational, educational, and character-building programs for children ages six to eighteen years of age.
(42) $255,000,000 of the general fundfederal appropriation (ARPA) is provided solely for the department to administer an emergency rental and utility assistance program pursuant to the American rescue plan act of 2021, P.L. 117-2. 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 account for any funding that jurisdiction, including cities within each county, received directly from the federal government. A provider may use up to 10 percent of their grant award for administrative costs and the remainder must be used for financial assistance as defined in P.L. 117-2. The department may retain up to five percent of the funding provided in this subsection to administer the program.
(43) $6,000,000 of the general fundstate appropriation for fiscal year 2022 is provided solely for the department to provide grant funding to an organization that will create a digital navigator program in ten regions across the state, with two navigators in each region. The digital navigators will provide one-on-one assistance to individuals seeking work, families supporting students, individuals who are English language learners, and elders. The entity receiving the grant must facilitate a collaborative of stakeholders across the state with the objective of increasing digital access for black, indigenous, and other communities of color, low-income communities, students, and elders.
(44) $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 work group 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.
(45) $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.
(46) $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.
(47) $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.
(48) $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.
(49) $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.
(50) $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.
(51)(a) $351,000 of the general fundstate appropriation for fiscal year 2022 and $332,000 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.
(52) $2,000,000 of the general fundstate appropriation for fiscal year 2022 is provided solely for the department to provide a grant to a nonprofit organization in King county to provide a hunger relief response to individuals in permanent supportive housing.
(53) $300,000 of the general fundstate appropriation for fiscal year 2022 is provided solely for the department of commerce to convene a work group to develop budgetary, administrative policy, and legislative recommendations regarding strategies to reduce racial disparities in Washington state homeownership rates.
(a) The work group shall assess perspective on housing and lending laws, policies, and practices and facilitate discussions amongst relevant stakeholders.
(b) Specifically, the study 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 distribution of state funded down payment assistance funds and their impact on reducing or exacerbating homeownership rate disparities; and
(iii) Evaluate the impact of municipal land use codes on the availability of land to develop ownership units and provide recommendations to increase ownership unit development.
(c) The work group must consist, at minimum, of the following members:
(i) A representative from the department of commerce;
(ii) A representative from the department of financial institutions;
(iii) A representative from the Washington state commission on African American affairs;
(iv) A representative from the Washington state commission on Hispanic affairs;
(v) A representative from the Washington state commission on Asian Pacific American affairs;
(vi) A representative from the office of equity;
(vii) A representative from the governor's office of Indian affairs;
(viii) A representative of the association of Washington cities;
(ix) A representative of Washington state association of counties;
(x) A representative of the association of Washington housing authorities;
(xi) A representative of the Washington realtors;
(xii) A representative of the Washington association of mortgage professionals;
(xiii) A representative of the housing development consortium;
(xiv) A representative of the Spokane low income housing consortium;
(xv) A representative of the Alaska, Oregon, and Washington state area conference of the NAACP;
(xvi) A representative of the urban league;
(xvii) A representative of the northwest community land trust coalition;
(xviii) A representative of habitat for humanity of Washington state;
(xix) A representative from the Washington state housing finance commission;
(xx) A representative of the community associations institute— Washington state chapter;
(xxi) A representative of the building industry association of Washington;
(xxii) A representative of the Washington state affordable housing advisory board;
(xxiii) A representative of the Washington credit union association;
(xxiv) A representative of the Washington bankers association;
(xxv) A representative of the Washington community bankers;
(xxvi) A representative of the governor's committee on disability issues and employment;
(xxvii) A representative of the office of rural and farmworker housing; and
(xxviii) Representatives from additional stakeholder groups which the department of commerce identifies as necessary to implementing the goals of this work group.
(d) The study must begin by August 1, 2021. The department of commerce must issue a final report, including the results of any facilitated agreed upon recommendations, to the appropriate committees of the legislature by June 30, 2022.
(54) $300,000 of the general fundstate appropriation for fiscal year 2022 is provided solely for a grant to the pacific science center for a maker and innovation lab and to develop and operate new experiential learning opportunities.
(55) $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 the Washington asset building coalition 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.
(56) $347,000 of the general fundstate appropriation for fiscal year 2022 and $347,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for the survivors FIRST program for flexible direct client assistance funds to pay direct advocate and outreach staff salaries, to contract for data analytic services, and for a part-time prosecutor salary to make diversion decisions on felony and misdemeanor cases.
(57) $6,000,000 of the general fundstate appropriation for fiscal year 2022 and $6,000,000 of the general fundstate appropriation for fiscal year 2023 are 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) $700,000 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 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.
(59) $421,000 of the general fundstate appropriation for fiscal year 2022 is 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.
(60) $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 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.
(61) $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 three areas:
(i) Evaluating the financial feasibility of proposed developments;
(ii) Monitoring rent and occupancy of exempt housing; and
(iii) Identifying whether there will be displacement and change in income and rent distributions associated with new housing development, and plans and approaches;
(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 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, and commute/location 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.
(62) $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.
(63) $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 C6 forest to farm for operational work towards a biochar research and demonstration project and initial efforts toward full-size operation of an industrial-sized facility in the Methow Valley.
(64) $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.
(65) $210,000 of the general fundstate appropriation for fiscal year 2022 and $90,000 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. 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.
(66) $400,000 of the general fundstate appropriation for fiscal year 2022 is provided solely for the department to develop targeted equity strategies informed by community engagement, outreach, and research. The department shall convene an equity steering committee to identify investments, programs, and policy changes that increase access to opportunity and mitigate displacement of underserved communities. The department shall facilitate input from nonprofit community development organizations and community leaders throughout the state through a series of listening sessions, as well as engaging existing advisory committees that provide state capital program funding recommendations. The department shall consult with the equity office and the office of financial management on this work. By June 30, 2022, the department shall report to the office of financial management, the governor, and the appropriate committees of the legislature the results of these listening sessions, describe statutory, administrative, or operational barriers in existing state capital programs and procurement processes that have been identified, and recommend process changes that will help reduce disparities.
(67) $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.
(68) $9,729,000 of the general fundstate appropriation for fiscal year 2022 and $3,191,000 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 landlord mitigation grants. 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 amount of grants provided, the number of individuals receiving a grant, the average grant size, and the number of qualified individuals who applied but were unable to receive a grant. If the bill is not enacted by June 30, 2021, the amounts provided in this subsection shall lapse.
(69) $1,555,000 of the general fundstate appropriation for fiscal year 2022 is appropriated 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.
(70) $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.
(71) $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.
(72) $212,000 of the general fundstate appropriation for fiscal year 2022 and $213,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for implementation of Second Substitute Senate Bill No. 5241 (economic inclusion grants). If the bill is not enacted by June 30, 2021, the amounts provided in this subsection shall lapse.
(73) $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 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 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.
(74) $1,250,000 of the general fundstate appropriation for fiscal year 2022 and $1,250,000 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 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 awarded under this bill. If the bill is not enacted by June 30, 2021, the amounts provided in this subsection shall lapse.
(75) $187,000,000 of the general fundfederal appropriation (ARPA) is provided solely for the department to assist current and prospective homeowners at risk of foreclosure, pursuant to section 3206 of the American rescue plan act of 2021, P.L. 117-2. For purposes of this subsection, an eligible homeowner is one that has a household income at or below 100 percent of area median income or 100 percent of the United States median income. The department may contract with other foreclosure fairness program state partners to carry out this work.
(76) $80,000,000 of the general fundfederal appropriation (ARPA) is provided solely for the department to administer a low-income home energy assistance program pursuant to section 2911 of the American rescue plan act of 2021, P.L. 117-2. The department may designate local agencies to administer the program. The department shall not provide funds directly to home energy suppliers. In making distributions, the department must consider the number of unemployed persons and renters in each jurisdiction served by the provider as well as account for any funding that jurisdiction, including cities within each county, received directly from the federal government.
(77) $23,000,000 of the general fundfederal appropriation (ARPA) is provided solely for a HOME investment partnership program, pursuant to the American rescue plan act of 2021, P.L. 117-2. The department shall prioritize housing projects that provide immediate relief for individuals experiencing or at risk of experiencing homelessness.
(78) $10,000,000 of the Washington housing trust accountstate appropriation is provided solely for housing that serves people with intellectual and developmental disabilities.
(79) $345,000 of the general fundstate appropriation for fiscal year 2022 and $345,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for the Port Gamble S'Klallam re-entry program.
(80) $29,525,000 of the general fundfederal appropriation (CRF) and 230,000,000 of the general fundfederal appropriation (CRRSA), not to exceed the amount appropriated in section 3, chapter 3, Laws of 2021, that were 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.
(81) $4,800,000 of the general fundfederal appropriation (CRF), not to exceed the amount appropriated in section 4, chapter 3, Laws of 2021, that was 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.
(82) $138,000,000 of the general fundfederal appropriation (ARPA) is provided solely for the department to administer a state small business credit initiative program pursuant to section 3301, the American rescue plan act of 2021, P.L. 117-2. 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 section 3301, the American rescue plan act of 2021, 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.
(83) $244,000 of the general fundstate appropriation for fiscal year 2022 is provided solely for implementation of Engrossed Second Substitute Senate Bill No. 5022 (recycling, waste, and litter), including convening a stakeholder advisory committee for recommendations on the development of mandatory postconsumer recycled content requirements for plastics packaging. If the bill is not enacted by June 30, 2021, the amount provided in this subsection shall lapse.
(84) $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.
(85) $267,000 of the general fundstate appropriation for fiscal year 2022 is provided solely for implementation of Substitute Senate Bill No. 5378 (real estate broker renewal). If the bill is not enacted by June 30, 2021, the amount provided in this subsection shall lapse.
(86) $46,000 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.
(87) $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.
(88) $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 reduction, workforce measures, and utility electrification benefits.
(89) $6,800,000 of the general fundstate appropriation for fiscal year 2022 and $8,200,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for the office of crime victims advocacy to continue providing financial support to community-based programs.
NEW SECTION.  Sec. 130. FOR THE ECONOMIC AND REVENUE FORECAST COUNCIL
General FundState Appropriation (FY 2022)
. . . .
$897,000
General FundState Appropriation (FY 2023)
. . . .
$964,000
Lottery Administrative AccountState Appropriation
. . . .
$50,000
TOTAL APPROPRIATION
. . . .
$1,911,000
NEW SECTION.  Sec. 131. FOR THE OFFICE OF FINANCIAL MANAGEMENT
General FundState Appropriation (FY 2022)
. . . .
$14,165,000
General FundState Appropriation (FY 2023)
. . . .
$14,122,000
General FundFederal Appropriation
. . . .
$32,507,000
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
. . . .
$24,748,000
Higher Education Personnel Services AccountState
Appropriation
. . . .
$1,497,000
Statewide Information Technology System Development
Maintenance and Operations Revolving Account
State Appropriation
. . . .
$97,461,000
Office of Financial Management Central Service
AccountState Appropriation
. . . .
$21,603,000
Performance Audits of Government AccountState
Appropriation
. . . .
$672,000
TOTAL APPROPRIATION
. . . .
$207,735,000
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) $97,461,000 of the information technology system development revolving accountstate appropriation, $162,000 of the personnel services accountstate appropriation, and $162,000 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) $15,513,000 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 of the information technology system development 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) $4,577,000 of the information technology system development revolving accountstate appropriation is provided solely for phase 1B (procurement and extended financials);
(vi) $162,000 of the personnel services account—state appropriation is provided solely for a dedicated staff for phase 2 (human resources) 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 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) $1,377,000 of the personnel services account—state appropriation is provided solely for implementation of Substitute Senate Bill No. 5082 (productivity board). If the bill is not enacted by June 30, 2021, the amount provided in this subsection shall lapse.
(8)(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 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 facility space by agency for fiscal years 2024 and 2025. The analysis must include detailed information on any reduced costs, such as lease contract costs, facility maintenance, and utilities, and include at least:
(i) Agency name;
(ii) Lease contract number and term (start and end date);
(iii) Contract amount by fiscal year by fund source; 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 December 1, 2021.
(9) $72,000 of the general fundstate appropriation for fiscal year 2022 and $70,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for implementation of Engrossed Second Substitute Senate Bill No. 5036 (total confinement release). If the bill is not enacted by June 30, 2021, the amounts provided in this subsection shall lapse.
(10) $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.
(11) $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.
NEW SECTION.  Sec. 132. FOR THE OFFICE OF ADMINISTRATIVE HEARINGS
Administrative Hearings Revolving AccountState
Appropriation
. . . .
$71,307,000
Administrative Hearings Revolving AccountLocal
Appropriation
. . . .
$12,000
TOTAL APPROPRIATION
. . . .
$71,319,000
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).
(4) $12,000 of the administrative hearings 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 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 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.
NEW SECTION.  Sec. 133. FOR THE WASHINGTON STATE LOTTERY
Lottery Administrative AccountState Appropriation
. . . .
$29,594,000
TOTAL APPROPRIATION
. . . .
$29,594,000
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.
NEW SECTION.  Sec. 134. FOR THE COMMISSION ON HISPANIC AFFAIRS
General FundState Appropriation (FY 2022)
. . . .
$434,000
General FundState Appropriation (FY 2023)
. . . .
$458,000
TOTAL APPROPRIATION
. . . .
$892,000
NEW SECTION.  Sec. 135. FOR THE COMMISSION ON AFRICAN-AMERICAN AFFAIRS
General FundState Appropriation (FY 2022)
. . . .
$415,000
General FundState Appropriation (FY 2023)
. . . .
$429,000
TOTAL APPROPRIATION
. . . .
$844,000
NEW SECTION.  Sec. 136. FOR THE DEPARTMENT OF RETIREMENT SYSTEMSOPERATIONS
Department of Retirement Systems Expense Account
State Appropriation
. . . .
$69,865,000
TOTAL APPROPRIATION
. . . .
$69,865,000
The appropriation in this section is subject to the following conditions and limitations:
(1) $6,238,000 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) $197,000 of the department of retirement systemsstate appropriation is provided solely for implementation of Senate Bill No. 5352 (retirement system opt-out). If the bill is not enacted by June 30, 2021, the amount provided in this subsection shall lapse.
NEW SECTION.  Sec. 137. FOR THE DEPARTMENT OF REVENUE
General FundState Appropriation (FY 2022)
. . . .
$158,259,000
General FundState Appropriation (FY 2023)
. . . .
$154,474,000
Timber Tax Distribution AccountState Appropriation
. . . .
$7,278,000
Business License AccountState Appropriation
. . . .
$20,249,000
Waste Reduction, Recycling, and Litter Control
AccountState Appropriation
. . . .
$162,000
Model Toxics Control Operating AccountState
Appropriation
. . . .
$118,000
Financial Services Regulation AccountState
Appropriation
. . . .
$5,000,000
Taxpayer Fairness AccountState Appropriation
. . . .
$268,211,000
TOTAL APPROPRIATION
. . . .
$613,751,000
The appropriations in this section are subject to the following conditions and limitations:
(1) $1,741,000 of the unclaimed personal property accountnonappropriated is provided solely for the unclaimed property system and is subject to the conditions, limitations, and review requirements of section 701 of this act.
(2) $711,000 of the general fundstate appropriation for fiscal year 2022 and $1,327,000 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. Membership of the tax structure work group is the same as the structure established in section 135, chapter 357, Laws of 2020 (ESSB 6168). The purpose of this reauthorization and funding is to enable the tax structure work group to complete its duties and activities during the 2021-2023 fiscal biennium.
(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) $14,000 of the general fundstate appropriation for fiscal year 2022 is provided solely for the implementation of Substitute House Bill No. 1333 (rural public facilities/tax). If the bill is not enacted by June 30, 2021, the amount 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 the implementation of Substitute Senate Bill No. 5417 (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) $18,211,000 of the taxpayer fairness accountstate appropriation is provided solely for the administration of the working families tax exemption program.
(13) $250,000,000 of the taxpayer fairness accountstate appropriation is provided solely for fiscal relief for working families under the working families tax exemption program.
NEW SECTION.  Sec. 138. FOR THE BOARD OF TAX APPEALS
General FundState Appropriation (FY 2022)
. . . .
$2,592,000
General FundState Appropriation (FY 2023)
. . . .
$2,630,000
TOTAL APPROPRIATION
. . . .
$5,222,000
NEW SECTION.  Sec. 139. FOR THE OFFICE OF MINORITY AND WOMEN'S BUSINESS ENTERPRISES
General FundState Appropriation (FY 2022)
. . . .
$989,000
General FundState Appropriation (FY 2023)
. . . .
$889,000
Minority and Women's Business Enterprises Account
State Appropriation
. . . .
$4,388,000
TOTAL APPROPRIATION
. . . .
$6,266,000
The appropriations in this section are subject to the following conditions and limitations: 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.
NEW SECTION.  Sec. 140. FOR THE INSURANCE COMMISSIONER
General FundFederal Appropriation
. . . .
$4,633,000
Insurance Commissioner's Regulatory AccountState
Appropriation
. . . .
$65,088,000
Insurance Commissioner's Fraud AccountState
Appropriation
. . . .
$3,586,000
TOTAL APPROPRIATION
. . . .
$73,307,000
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.
NEW SECTION.  Sec. 141. FOR THE STATE INVESTMENT BOARD
State Investment Board Expense AccountState
Appropriation
. . . .
$64,991,000
TOTAL APPROPRIATION
. . . .
$64,991,000
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.
NEW SECTION.  Sec. 142. FOR THE LIQUOR AND CANNABIS BOARD
General FundState Appropriation (FY 2022)
. . . .
$382,000
General FundState Appropriation (FY 2023)
. . . .
$413,000
General FundFederal Appropriation
. . . .
$3,013,000
General FundPrivate/Local Appropriation
. . . .
$75,000
Dedicated Marijuana AccountState Appropriation
(FY 2022)
. . . .
$11,394,000
Dedicated Marijuana AccountState Appropriation
(FY 2023)
. . . .
$11,540,000
Liquor Revolving AccountState Appropriation
. . . .
$81,580,000
TOTAL APPROPRIATION
. . . .
$108,397,000
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 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 Substitute Senate Bill No. 5417 (liquor licensee privileges). If the bill is not enacted by June 30, 2021, the amount provided in this subsection shall lapse.
(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) $22,000 of the dedicated marijuana accountstate appropriation for fiscal year 2023 is provided solely for the implementation of Substitute Senate Bill No. 5004 (medical marijuana tax ex.). If the bill is not enacted by June 30, 2021, the amount provided in this subsection shall lapse.
NEW SECTION.  Sec. 143. FOR THE UTILITIES AND TRANSPORTATION COMMISSION
General FundState Appropriation (FY 2022)
. . . .
$201,000
General FundState Appropriation (FY 2023)
. . . .
$149,000
General FundPrivate/Local Appropriation
. . . .
$16,578,000
Public Service Revolving AccountState Appropriation
. . . .
$42,017,000
Public Service Revolving AccountFederal
Appropriation
. . . .
$100,000
Pipeline Safety AccountState Appropriation
. . . .
$3,421,000
Pipeline Safety AccountFederal Appropriation
. . . .
$3,140,000
TOTAL APPROPRIATION
. . . .
$65,606,000
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) $36,000 of the public service revolving accountstate appropriation is provided solely for the implementation of 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) $201,000 of the general fundstate appropriation for fiscal year 2022 and $149,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for the utilities and transportation commission to conduct research and stakeholder outreach to develop emission reduction strategies related to regulated natural gas distribution companies, associated ratepayer protections, and other related measures.
NEW SECTION.  Sec. 144. FOR THE MILITARY DEPARTMENT
General FundState Appropriation (FY 2022)
. . . .
$9,872,000
General FundState Appropriation (FY 2023)
. . . .
$9,099,000
General FundFederal Appropriation
. . . .
$120,157,000
Enhanced 911 AccountState Appropriation
. . . .
$53,834,000
Disaster Response AccountState Appropriation
. . . .
$33,690,000
Disaster Response AccountFederal Appropriation
. . . .
$286,903,000
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
TOTAL APPROPRIATION
. . . .
$517,821,000
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.
NEW SECTION.  Sec. 145. FOR THE PUBLIC EMPLOYMENT RELATIONS COMMISSION
General FundState Appropriation (FY 2022)
. . . .
$2,387,000
General FundState Appropriation (FY 2023)
. . . .
$2,366,000
Personnel Service AccountState Appropriation
. . . .
$4,367,000
Higher Education Personnel Services AccountState
Appropriation
. . . .
$1,404,000
TOTAL APPROPRIATION
. . . .
$10,524,000
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.
NEW SECTION.  Sec. 146. FOR THE BOARD OF ACCOUNTANCY
Certified Public Accountants' AccountState
Appropriation
. . . .
$4,419,000
TOTAL APPROPRIATION
. . . .
$4,419,000
NEW SECTION.  Sec. 147. FOR THE BOARD FOR VOLUNTEER FIREFIGHTERS
Volunteer Firefighters' and Reserve Officers'
Administrative AccountState Appropriation
. . . .
$4,956,000
TOTAL APPROPRIATION
. . . .
$4,956,000
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.
NEW SECTION.  Sec. 148. FOR THE FORENSIC INVESTIGATION COUNCIL
Death Investigations AccountState Appropriation
. . . .
$752,000
TOTAL APPROPRIATION
. . . .
$752,000
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.
NEW SECTION.  Sec. 149. FOR THE DEPARTMENT OF ENTERPRISE SERVICES
General FundState Appropriation (FY 2022)
. . . .
$5,823,000
General FundState Appropriation (FY 2023)
. . . .
$5,734,000
General FundPrivate/Local Appropriation
. . . .
$102,000
Building Code Council AccountState Appropriation
. . . .
$1,752,000
TOTAL APPROPRIATION
. . . .
$13,411,000
The appropriations in this section are subject to the following conditions and limitations:
(1) $5,055,000 of the general fund—state appropriation for fiscal year 2022 and $5,181,000 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, 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 December 31, 2021, 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 identify and make recommendations to the office of financial management on reduction in leased facility 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.
NEW SECTION.  Sec. 150. FOR THE DEPARTMENT OF ARCHAEOLOGY AND HISTORIC PRESERVATION
General FundState Appropriation (FY 2022)
. . . .
$2,289,000
General FundState Appropriation (FY 2023)
. . . .
$2,305,000
General FundFederal Appropriation
. . . .
$2,948,000
General FundPrivate/Local Appropriation
. . . .
$14,000
TOTAL APPROPRIATION
. . . .
$7,556,000
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) $110,000 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 the Washington state main street program to ramp up direct recovery services to communities across the state, with an emphasis on organizational stability and small business retention.
NEW SECTION.  Sec. 151. FOR THE CONSOLIDATED TECHNOLOGY SERVICES AGENCY
General FundState Appropriation (FY 2022)
. . . .
$200,000
General FundState Appropriation (FY 2023)
. . . .
$188,000
Consolidated Technology Services Revolving Account
State Appropriation
. . . .
$51,393,000
TOTAL APPROPRIATION
. . . .
$51,781,000
The appropriations in this section are subject to the following conditions and limitations:
(1) $10,957,000 of the consolidated technology services revolving accountstate appropriation is provided solely for the office of the chief information officer. Of this amount:
(a) $1,663,000 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 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) $11,424,000 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 are planned for in a manner that ensures the efficient use of state resources 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 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.
NEW SECTION.  Sec. 152. FOR THE BOARD OF REGISTRATION OF PROFESSIONAL ENGINEERS AND LAND SURVEYORS
Professional Engineers' AccountState Appropriation
. . . .
$4,186,000
TOTAL APPROPRIATION
. . . .
$4,186,000
NEW SECTION.  Sec. 153. FOR THE LAW ENFORCEMENT OFFICERS' AND FIREFIGHTERS' PLAN 2 RETIREMENT BOARD
Law Enforcement Officers' and Firefighters' Plan 2
Expense Nonappropriated FundState
Appropriation
. . . .
$320,000
TOTAL APPROPRIATION
. . . .
$320,000
The appropriation in this section is subject to the following conditions and limitations: The appropriation in this section is provided solely for an additional full-time equivalent position to staff an ombuds services program. The ombuds services program will provide information and advice and assist members and survivors regarding the benefits and services for which they qualify.
(End of part)
PART II
HUMAN SERVICES
NEW SECTION.  Sec. 201. 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 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.
NEW SECTION.  Sec. 202. FOR THE DEPARTMENT OF SOCIAL AND HEALTH SERVICESMENTAL HEALTH PROGRAM
(1) INSTITUTIONAL SERVICES
General FundState Appropriation (FY 2022)
. . . .
$433,674,000
General FundState Appropriation (FY 2023)
. . . .
$426,584,000
General FundFederal Appropriation
. . . .
$140,299,000
General FundPrivate/Local Appropriation
. . . .
$18,700,000
TOTAL APPROPRIATION
. . . .
$1,019,257,000
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 hire 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) The predictive modeling tool must be developed to leverage data from a variety of sources and identify factors that are strongly associated with future criminal justice involvement. The department must submit a report to the office of financial management and the appropriate committees of the legislature which describes the following: (A) The proposed data sources to be used in the predictive model and how privacy issues will be addressed; (B) modeling results including a description of measurable factors most strongly predictive of risk of future criminal justice involvement; (C) an assessment of the accuracy, timeliness, and potential effectiveness of the tool; (D) identification of interventions and strategies that can be effective in reducing future criminal justice involvement of high risk patients; and (E) the timeline for implementing processes to provide monthly lists of high-risk client to contracted managed care organizations and behavioral health entities.
(ii) The model for civil and forensic state hospital bed need must be developed and updated in consultation with staff from 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 predicting 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 department must submit a report to the legislature each November 1st through the end of the biennium. The department must continue to update the model on a calendar quarterly basis and provide updates to the office of financial management and the appropriate committees of the legislature accordingly.
(h) $3,557,000 of the general fundstate appropriation for fiscal year 2022 and $3,622,000 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, 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 and further increase 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 and further increase the number of staff providing competency evaluation services. During the 2021-2023 fiscal biennium, the department must use a portion of these amounts to increase the number of forensic evaluators 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) $63,159,000 of the general fundstate appropriation for fiscal year 2022, $63,159,000 of the general fundstate appropriation for fiscal year 2023, and $4,060,000 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). These amounts must be used to maintain increases that began in fiscal year 2016 and further increase the number of forensic beds at western state hospital and eastern state hospital. 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. During the 2021-2023 fiscal biennium, the department must use a portion of these amounts to increase forensic bed capacity at the state hospitals 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.
(k) $86,705,000 of the general fundstate appropriation for fiscal year 2022 and $86,705,000 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.
(i) The staffing tool must be designed and implemented 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 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.
(ii) Within these amounts, 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.
(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 thirty 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 thirty days of granting such authorizations and identify the reason and time frame for the extension.
(l) $10,581,000 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 implementing a new intensive care model program at western state hospital.
(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 ten thousand patient bed days; (iv) monthly dollar expenditures per ten 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 10,000 bed days; (x) rate of patient assaults per 10,000 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 each December 1st through the end of fiscal year 2023, and provide annual updates each December 1st thereafter.
(o) $8,422,000 of the general fundstate appropriation for fiscal year 2022 and $18,997,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for the operations of two newly constructed forensic competency restoration wards at western state hospital.
(p) $2,941,000 of the general fundstate appropriation for fiscal year 2023 and $2,941,000 of the general fundfederal appropriation are provided solely for the operations of a 16 bed civil commitment regional treatment center located in Clark county. The department must prioritize serving otherwise hard-to-place civil commitment patients at this facility, including patients with high acuity symptoms, patients converted from the forensic mental health system, and other patients who cannot otherwise be committed to community providers.
(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 are provided solely for the operations of a 16 bed civil commitment regional treatment center located at the Maple Lane campus. The department must prioritize serving otherwise hard-to-place civil commitment patients at this facility, including patients with high acuity symptoms, patients converted from the forensic mental health system, and other patients who cannot otherwise be committed to community providers.
(r) $4,316,000 of the general fundstate appropriation for fiscal year 2023 is provided solely for the operations of a 30 bed facility located on the Maple Lane campus serving individuals found not guilty by reason of insanity.
(2) PROGRAM SUPPORT
General FundState Appropriation (FY 2022)
. . . .
$5,613,000
General FundState Appropriation (FY 2023)
. . . .
$5,618,000
General FundFederal Appropriation
. . . .
$366,000
TOTAL APPROPRIATION
. . . .
$11,597,000
NEW SECTION.  Sec. 203. FOR THE DEPARTMENT OF SOCIAL AND HEALTH SERVICESDEVELOPMENTAL DISABILITIES PROGRAM
(1) COMMUNITY SERVICES
General FundState Appropriation (FY 2022)
. . . .
$761,993,000
General FundState Appropriation (FY 2023)
. . . .
$936,909,000
General FundFederal Appropriation
. . . .
$2,111,649,000
General FundPrivate/Local Appropriation
. . . .
$4,058,000
Developmental Disabilities Community Services
AccountState Appropriation
. . . .
$55,513,000
TOTAL APPROPRIATION
. . . .
$3,870,122,000
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) $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 945 of this act.
(d) $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.
(e) $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 947 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 of the general fundstate appropriation for fiscal year 2023, and $23,000 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.
(l) $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 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.
(m) $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 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.
(n) $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.
(o) $422,000 of the general fundstate appropriation for fiscal year 2022, $478,000 of the general fundstate appropriation for fiscal year 2023, and $599,000 of the general fundfederal appropriation are provided solely for implementation of Engrossed Substitute Senate Bill No. 5268 (developmental disability services). If the bill is not enacted by June 30, 2021, the amounts provided in this subsection shall lapse.
(p) $3,490,000 of the general fundlocal appropriation and $3,490,000 of the general fundfederal appropriation are provided solely to implement chapter 458, Laws of 2019 (residential services and supports). 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. 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.
(q) $1,703,000 of the general fundstate appropriation for fiscal year 2023 and $3,397,000 of the general fundfederal appropriation are provided solely for implementation of Substitute Senate Bill No. 5258 (consumer directed employers). If the bill is not enacted by June 30, 2021, the amounts provided in this subsection shall lapse.
(r) 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.
(2) INSTITUTIONAL SERVICES
General FundState Appropriation (FY 2022)
. . . .
$116,233,000
General FundState Appropriation (FY 2023)
. . . .
$127,861,000
General FundFederal Appropriation
. . . .
$242,444,000
General FundPrivate/Local Appropriation
. . . .
$27,043,000
TOTAL APPROPRIATION
. . . .
$513,581,000
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) The department is directed to develop a plan to reduce the footprint of the Rainier residential habilitation center.
(i) The plan must include the following:
(A) Input from interested stakeholders to ensure a thoughtful, safe, and well-supported residential transition to the community.
(B) An outline for maintaining a state-operated safety net for individuals who transition to the community and who may later be in crisis or who need a greater level of care.
(C) Barriers to successful community transitions and how to mitigate those.
(D) Report of stakeholder feedback received and how it was incorporated or not into the plan.
(E) A proposed timeline to implement the plan and a target date for reducing the footprint of Rainier if the plan is followed.
(ii) The stakeholders must include, at a minimum: Individuals who reside or have resided at Rainier, families and guardians of individuals who reside or have resided at Rainier, and current or former staff at Rainier and their respective labor organizations.
(iii) The department must confer with and have approval from the governor's office prior to submission of the plan. A final plan shall be submitted to the governor and appropriate committees of the legislature no sooner than January 1, 2022, and no later than July 1, 2022.
(3) PROGRAM SUPPORT
General FundState Appropriation (FY 2022)
. . . .
$2,639,000
General FundState Appropriation (FY 2023)
. . . .
$2,688,000
General FundFederal Appropriation
. . . .
$3,192,000
TOTAL APPROPRIATION
. . . .
$8,519,000
(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
NEW SECTION.  Sec. 204. FOR THE DEPARTMENT OF SOCIAL AND HEALTH SERVICESAGING AND ADULT SERVICES PROGRAM
General FundState Appropriation (FY 2022)
. . . .
$1,543,218,000
General FundState Appropriation (FY 2023)
. . . .
$1,775,210,000
General FundFederal Appropriation
. . . .
$4,694,716,000
General FundPrivate/Local Appropriation
. . . .
$37,804,000
Traumatic Brain Injury AccountState Appropriation
. . . .
$4,544,000
Skilled Nursing Facility Safety Net Trust Account
State Appropriation
. . . .
$133,360,000
Long-Term Services and Supports Trust AccountState
Appropriation
. . . .
$10,873,000
TOTAL APPROPRIATION
. . . .
$8,199,725,000
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 $260.35 for fiscal year 2022 and may not exceed $270.20 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) $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 945 of this act.
(5) $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.
(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, 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 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 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) $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 947 of this act.
(13) $428,000 of the general fundstate appropriation for fiscal year 2022, $1,761,000 of the general fundstate appropriation for fiscal year 2023, and $2,520,000 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) Appropriation 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, 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) $3,353,000 of the general fundlocal appropriation and $1,055,000 of the general fundfederal appropriation are provided solely to implement chapter 458, Laws of 2019 (residential services and supports). 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) 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.
(20) 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.
(21) $1,858,000 of the general fundstate appropriation for fiscal year 2020 and $1,857,000 of the general fundstate appropriation for fiscal year 2021 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.
(22) $5,094,000 of the general fundstate appropriation for fiscal year 2022 and $5,094,000 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.
(23) $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.
(24) 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.
(25) $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.
(26) $10,797,000 of the general fundstate appropriation for fiscal year 2022, $11,477,000 of the general fundstate appropriation for fiscal year 2023, and $23,946,000 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.
(27) $3,975,000 of the general fundstate appropriation for fiscal year 2023 and $7,925,000 of the general fundfederal appropriation are provided solely for implementation of Substitute Senate Bill No. 5258 (consumer directed employers). If the bill is not enacted by June 30, 2021, the amounts provided in this subsection shall lapse.
(28) $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.
(29) $114,000 of the general fundfederal appropriation (ARPA) and $140,000 of the general fundfederal appropriation are provided solely for implementation of Substitute Senate Bill No. 5294 (long-term care/epidemics). If the bill is not enacted by June 30, 2021, the amounts provided in this subsection shall lapse.
(30) $84,000 of the general fundstate appropriation for fiscal year 2022, $98,000 of the general fundstate appropriation for fiscal year 2023, and $167,000 of the general fundfederal appropriation 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.
(31) $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.
(32) $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.
(33) 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.
(34) $395,000 of the general fundstate appropriation for fiscal year 2022 and $395,000 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.
(35) $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.
NEW SECTION.  Sec. 205. FOR THE DEPARTMENT OF SOCIAL AND HEALTH SERVICESECONOMIC SERVICES PROGRAM
General FundState Appropriation (FY 2022)
. . . .
$402,589,000
General FundState Appropriation (FY 2023)
. . . .
$408,856,000
General FundFederal Appropriation
. . . .
$1,524,490,000
General FundPrivate/Local Appropriation
. . . .
$5,274,000
Domestic Violence Prevention AccountState
Appropriation
. . . .
$2,404,000
Coronavirus State Fiscal Recovery FundFederal
Appropriation
. . . .
$304,920,000
TOTAL APPROPRIATION
. . . .
$2,648,533,000
The appropriations in this section are subject to the following conditions and limitations:
(1)(a) $111,153,000 of the general fund—state appropriation for fiscal year 2022, $112,428,000 of the general fund—state appropriation for fiscal year 2023, and $859,678,000 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) $377,425,000 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 of the general fundstate appropriation for fiscal year 2022, $14,104,000 of the general fundstate appropriation for fiscal year 2023, and $27,227,000 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) $7,386,000 is provided solely for the cost of benefits 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.
(iii) $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.
(c) $167,740,000 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. Of the amounts provided in this subsection (1)(c):
(i) The department shall implement the working family support program.
(ii) $2,430,000 of the amounts provided 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) $4,933,000 of the general fundfederal appropriation is provided solely for the WorkFirst 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 section shall lapse.
(d) Of the amounts in (a) of this subsection, $353,402,000 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 is for WorkFirst administration and overhead. Of the amounts provided in this subsection (1)(f):
(i) $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).
(ii) $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).
(iii) $707,000 of the general fundfederal appropriation is provided solely for implementation costs associated with 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.
(g) The amounts in (b) through (e) of this subsection shall be expended for the programs and in the amounts specified. However, the department may transfer up to 10 percent of funding between (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) On July 1, 2021, January 1, 2022, and every six months thereafter, 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) $77,000 of the general fundstate appropriation 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.
(10) $77,000 of the general fundstate appropriation is provided solely for the department to assess the feasibility of expanding or creating social net programs to individuals regardless of their citizenship status. The department shall analyze existing programs to assess the legality of expansion to serve undocumented individuals and families, identify programmatic changes that would mitigate barriers to access and reduce fear of participation, and identify the operational and caseload costs associated with replication or expansion. If existing program expansion is not feasible or in compliance with federal law, the analysis shall assess the creation of similar programs and identify the associated operational and caseload costs. The department shall provide the completed analysis to the employment security department by October 1, 2021.
(11) $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.
(12) $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.
(13) $4,920,000 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.
(14) $300,000,000 of the coronavirus state fiscal recovery accountfederal appropriation is provided solely for the Washington immigrant relief fund. At least 90 percent of the amount provided in this subsection is provided solely for grants to eligible persons.
(a) For the 2021-2023 fiscal biennium and from the amount provided in this subsection, a person is eligible for a grant who:
(i) Has lived in Washington state since March 1, 2020;
(ii) Is at least 18 years of age;
(iii) Has been affected by the coronavirus pandemic during the period of January 1, 2021, through June 30, 2023, such as experiencing a loss of employment or 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 child care for children impacted by school or child care closures; and
(iv) Is not eligible to receive federal economic impact (stimulus) payments or unemployment insurance benefits due to his or her 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.
(c) The department must prioritize grants to persons who are most in need of financial assistance using factors that include, but are not limited to, having an income at or below 250 percent of federal poverty level, being the primary or sole income earner of household, and experiencing housing instability.
(d) The department may contract with one or more nonprofit organizations 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.
(e) Grants provided in this section shall be available until funding is exhausted.
(15) $204,000 of the general fundstate appropriation for fiscal year 2022 and $22,635,000 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.
(16) $88,000 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 the implementation of Substitute Senate Bill No. 5068 (postpartum period/Medicaid). If the bill is not enacted by July 1, 2021, the amounts provided in this subsection shall lapse.
NEW SECTION.  Sec. 206. FOR THE DEPARTMENT OF SOCIAL AND HEALTH SERVICESVOCATIONAL REHABILITATION PROGRAM
General FundState Appropriation (FY 2022)
. . . .
$16,320,000
General FundState Appropriation (FY 2023)
. . . .
$16,437,000
General FundFederal Appropriation
. . . .
$109,595,000
TOTAL APPROPRIATION
. . . .
$142,352,000
NEW SECTION.  Sec. 207. FOR THE DEPARTMENT OF SOCIAL AND HEALTH SERVICESSPECIAL COMMITMENT PROGRAM
General FundState Appropriation (FY 2022)
. . . .
$64,249,000
General FundState Appropriation (FY 2023)
. . . .
$62,347,000
TOTAL APPROPRIATION
. . . .
$126,596,000
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) $7,367,000 of the general fundstate appropriation for fiscal year 2022 and $5,095,000 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.
NEW SECTION.  Sec. 208. FOR THE DEPARTMENT OF SOCIAL AND HEALTH SERVICESADMINISTRATION AND SUPPORTING SERVICES PROGRAM
General FundState Appropriation (FY 2022)
. . . .
$39,400,000
General FundState Appropriation (FY 2023)
. . . .
$38,916,000
General FundFederal Appropriation
. . . .
$51,356,000
TOTAL APPROPRIATION
. . . .
$129,672,000
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) $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.
(3) Within amounts appropriated in this section, the department shall develop a plan to implement a complete electronic health records system using existing software where applicable. 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.
NEW SECTION.  Sec. 209. FOR THE DEPARTMENT OF SOCIAL AND HEALTH SERVICESPAYMENTS TO OTHER AGENCIES PROGRAM
General FundState Appropriation (FY 2022)
. . . .
$45,826,000
General FundState Appropriation (FY 2023)
. . . .
$47,720,000
General FundFederal Appropriation
. . . .
$46,673,000
TOTAL APPROPRIATION
. . . .
$140,219,000
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.
NEW SECTION.  Sec. 210. 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 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.
NEW SECTION.  Sec. 211. FOR THE STATE HEALTH CARE AUTHORITYMEDICAL ASSISTANCE
General FundState Appropriation (FY 2022)
. . . .
$2,523,256,000
General FundState Appropriation (FY 2023)
. . . .
$2,443,037,000
General FundFederal Appropriation
. . . .
$13,208,221,000
General FundPrivate/Local Appropriation
. . . .
$355,726,000
Emergency Medical Services and Trauma Care Systems
Trust AccountState Appropriation
. . . .
$15,086,000
Hospital Safety Net Assessment AccountState
Appropriation
. . . .
$723,238,000
Dedicated Marijuana AccountState Appropriation
(FY 2022)
. . . .
$24,521,000
Dedicated Marijuana AccountState Appropriation
(FY 2023)
. . . .
$25,188,000
Medical Aid AccountState Appropriation
. . . .
$540,000
Telebehavioral Health Access AccountState
Appropriation
. . . .
$7,468,000
TOTAL APPROPRIATION
. . . .
$19,326,281,000
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 of the general fundfederal appropriation and no more than $50,840,000 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 of the general fund—federal appropriation and no more than $99,274,000 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 of the general fundfederal appropriation and no more than $22,862,000 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 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) 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) 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) 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) 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) 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.
(11) 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) $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) 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) $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) 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 of the general fund—state appropriation for fiscal year 2022 and $649,000 of the general fund—state appropriation for fiscal year 2023 are provided solely for state grants for the participating hospitals.
(16) 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) 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) 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) 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) Sufficient amounts are appropriated in this section for the authority to provide an adult dental benefit.
(21) 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) 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) $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) Within the amounts appropriated in this section, the authority shall reimburse for primary care services provided by naturopathic physicians.
(25) 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) 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) 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) 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) 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) 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) 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)(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;
(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;
(iii) 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
(iv) 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) 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) $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) of this section.
(35) $24,081,000 of the general fundstate appropriation for fiscal year 2022, $32,107,000 of the general fundstate appropriation for fiscal year 2023, and $89,475,000 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 30 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 30 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) of this section.
(36) $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) of this section.
(37)(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)(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 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.
(d) 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.
(e) 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) 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) Within the amounts appropriated in this section, the authority shall reimburse for maternity services provided by doulas.
(41) $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) $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) $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) $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) $250,000 of the general fundstate appropriation for fiscal year 2021 is provided solely for the authority to develop 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.
(46) $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.
(47) $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) 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, 2021. 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; and
(d) Be owned and operated by the state or a political subdivision.
(48) $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.
(49)(a) The authority shall ensure that HIV antiviral drugs available to apple health clients through the preferred drug list include only drugs reviewed by the pharmacy and therapeutics committee as being safe, efficacious, and effective at the time of review. The authority shall support access to all initial recommended HIV treatment regimens and shall not require patients on established regimens to change regimens. The authority shall follow evidence-based criteria in determining which drugs are available on the preferred drug list, and in the absence of established clinical conditions, patients must be required to begin treatment on equally effective, less costly alternatives prior to starting treatment on more costly HIV drugs. The authority shall provide exceptions to its established HIV policy and access to nonpreferred drugs on a case-by-case basis.
(b) 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:
(i) Access to HIV antiretroviral drugs on the medicaid drug formulary, including short- and long-term fiscal implications of eliminating current 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.
(50) $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.
(51) 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 Arcora 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 Arcora 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.
(52) $200,000 of the general fundstate appropriation for fiscal year 2022 and $200,000 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). 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).
(53) $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.
(54) 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.
(55) $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.
(56) 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.
(57) $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.
(58) $366,000 of the general fundstate appropriation for fiscal year 2022, $679,000 of the general fundstate appropriation for fiscal year 2023, and $3,012,000 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.
NEW SECTION.  Sec. 212. FOR THE STATE HEALTH CARE AUTHORITYPUBLIC EMPLOYEES' BENEFITS BOARD AND EMPLOYEE BENEFITS PROGRAM
State Health Care Authority Administrative Account
State Appropriation
. . . .
$36,619,000
TOTAL APPROPRIATION
. . . .
$36,619,000
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 and may not be used for administrative expenses.
(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, including making any change in retiree eligibility criteria that reestablishes eligibility for enrollment in benefits, unless savings achieved under subsection (4) of this section or offsetting cost reductions from other benefit revisions are sufficient to fund the changes.
(3) 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.
(4) 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.
(5) The board shall collect a surcharge payment of not less than $25 per month from members who use tobacco products, and a surcharge payment of not less than $50 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 95 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.
(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.
NEW SECTION.  Sec. 213. FOR THE STATE HEALTH CARE AUTHORITYSCHOOL EMPLOYEES' BENEFITS BOARD
School Employees' Insurance Administrative Account
State Appropriation
. . . .
$25,638,000
TOTAL APPROPRIATION
. . . .
$25,638,000
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.
NEW SECTION.  Sec. 214. FOR THE STATE HEALTH CARE AUTHORITYHEALTH BENEFIT EXCHANGE
General FundState Appropriation (FY 2022)
. . . .
$4,831,000
General FundState Appropriation (FY 2023)
. . . .
$4,543,000
General FundFederal Appropriation
. . . .
$52,351,000
Health Benefit Exchange AccountState Appropriation
. . . .
$77,710,000
Health Care Affordability AccountState
Appropriation
. . . .
$100,000,000
TOTAL APPROPRIATION
. . . .
$239,435,000
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.
(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) $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.
(4) $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 to work with the health and human services enterprise coalition (the coalition) to develop a report on the next steps required for information technology solutions for an integrated health and human services eligibility solution and are subject to the conditions, limitations, and review provided in section 701 of this act.
(a) The proposed solution should include but is not limited to the following:
(i) A technical approach and architecture;
(ii) A 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 social program benefits; and
(iii) A conceptual prototype for the proposed system that demonstrates opportunities and improvements for both clients and caseworkers.
(b) The approach and prototype must:
(i) Be developed in a manner that enables a potential long-term state strategy for an enterprise-wide eligibility solution for health and human services;
(ii) Comply with federal requirements;
(iii) Maximize efficient use of staff time;
(iv) Support accurate and secure client eligibility information; and
(v) Improve the client enrollment experience.
(c) The final report must include:
(i) Which coalition agencies would be impacted by the proposed solution;
(ii) The investment plan required to complete the project, that includes in-kind funding; and
(iii) A draft technology budget, by agency, fiscal year, and fund source, including the budget outlook period.
(d) The exchange must submit this report to the governor and appropriate committees of the legislature no later than January 15, 2022.
(5) $142,000 of the general fundstate appropriation for fiscal year 2022 and $538,000 of the general fundfederal appropriation are provided solely to implement Substitute Senate Bill No. 5068 (postpartum period/medicaid). If the bill is not enacted by June 30, 2021, the amounts provided in this subsection shall lapse.
(6) $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 that were delayed in the 2019-2021 biennium and are subject to the conditions, limitations, and review provided in section 701 of this act.
(7) $1,324,000 of the health benefit exchange accountstate appropriation and $2,740,000 of the general fundfederal appropriation are provided solely for modernizing and modularizing the exchange's information technology systems and are subject to the conditions, limitations, and review provided in section 701 of this act.
(8) $8,012,000 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.
(9)(a) No more than $100,000,000 of the health care affordability account—state appropriation is provided solely for the exchange to administer a premium assistance program, beginning no later than July 1, 2022, as established in Engrossed Second Substitute Senate Bill No. 5377 (standardized health plans).
(b) An individual is eligible for premium assistance provided during plan year 2022, if the individual:
(i) Has income up to 250 percent of the federal poverty level;
(ii) Is a resident of the state;
(iii) Is enrolled in a qualified health plan on the exchange;
(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 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) An individual is eligible for the premium assistance provided during plan year 2023 if the individual:
(i) Has income up to 250 percent of the federal poverty level; and
(ii) Meets other eligibility criteria as established in Engrossed Second Substitute Senate Bill No. 5377 (standardized health plans).
NEW SECTION.  Sec. 215. FOR THE STATE HEALTH CARE AUTHORITYCOMMUNITY BEHAVIORAL HEALTH PROGRAM
General FundState Appropriation (FY 2022)
. . . .
$763,409,000
General FundState Appropriation (FY 2023)
. . . .
$651,611,000
General FundFederal Appropriation
. . . .
$2,639,190,000
General FundPrivate/Local Appropriation
. . . .
$37,325,000
Criminal Justice Treatment AccountState
Appropriation
. . . .
$21,988,000
Problem Gambling AccountState Appropriation
. . . .
$1,963,000
Dedicated Marijuana AccountState Appropriation
(FY 2022)
. . . .
$28,493,000
Dedicated Marijuana AccountState Appropriation
(FY 2023)
. . . .
$28,493,000
TOTAL APPROPRIATION
. . . .
$4,172,472,000
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 administrative services organizations in regions where the authority is purchasing medical and behavioral health services through fully integrated contracts pursuant to RCW 71.24.380, and behavioral health organizations in regions that have not yet transitioned to fully integrated managed care.
(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) $22,745,000 of the general fundstate appropriation for fiscal year 2022, $27,372,000 of the general fundstate appropriation for fiscal year 2023, and $7,408,000 of the general fundfederal appropriation 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, crisis diversion and supports, education and training, and workforce development.
(4) $10,424,000 of the general fundstate appropriation for fiscal year 2022, $10,424,000 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) 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) From the general fundstate appropriations in this section, the authority shall assure that behavioral health entities reimburse the department of social and health services aging and long-term support administration for the general fundstate cost of medicaid personal care services that enrolled behavioral health entity consumers use because of their psychiatric disability.
(6) $84,376,000 of the general fundstate appropriation for fiscal year 2022 and $84,376,000 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) $3,939,000 of each fiscal year amounts must be distributed to behavioral health administrative service organizations. Of the remaining amount per fiscal year, 80 percent must be distributed to behavioral health administrative service organizations and 20 percent to managed care organizations. The percentage of funding provided to each behavioral health administrative services organization must be proportionate to the fiscal year 2021 regional allocation of flexible nonmedicaid funds.
(b) The authority must include the following language in medicaid contracts with behavioral health entities unless they are provided formal notification from the center for medicaid and medicare services that the language will result in the loss of federal medicaid participation: "The contractor may voluntarily provide services that are in addition to those covered under the state plan, although the cost of these services cannot be included when determining payment rates unless including these costs is specifically allowed under federal law or an approved waiver."
(7) 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) $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) 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) 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) $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) 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) The authority must ensure allocated reserves provided to behavioral health administrative services organizations are maintained in accordance with contract language that clearly states the requirements and limitations. The authority must monitor revenue and expenditure reports and must require a behavioral health administrative services organization to submit a corrective action plan on how it will spend its unspent funding within a reasonable period of time, when its reported reserves exceed maximum levels established under the contract. The authority must review and approve such plans and monitor to ensure compliance. If the authority determines that a behavioral health administrative services organization has failed to provide an adequate excess reserve corrective action plan or is not complying with an approved plan, the authority must reduce payments to the entity in accordance with remedial actions provisions included in the contract. These reductions in payments must continue until the authority determines that the entity has come into substantial compliance with an approved excess reserve corrective action plan.
(13) During the 2021-2023 fiscal biennium, any amounts provided in this section that are used for case management services for pregnant and parenting women must be contracted directly between the authority and providers rather than through contracts with behavioral health administrative services organizations.
(14) Within the amounts appropriated in this section, the authority may contract with the University of Washington and community-based providers for the provision of the parent-child assistance program or other specialized chemical dependency case management providers for pregnant, post-partum, and parenting women. For all contractors: (a) Service and other outcome data must be provided to the authority by request; and (b) indirect charges for administering the program must not exceed ten percent of the total contract amount.
(15) Within the amounts provided in this section, behavioral health entities must provide outpatient chemical dependency treatment for offenders enrolled in the medicaid program who are supervised by the department of corrections pursuant to a term of community supervision. Contracts with behavioral health entities must require that behavioral health entities include in their provider network specialized expertise in the provision of manualized, evidence-based chemical dependency treatment services for offenders. The department of corrections and the authority must develop a memorandum of understanding for department of corrections offenders on active supervision who are medicaid eligible and meet medical necessity for outpatient substance use disorder treatment. The agreement will ensure that treatment services provided are coordinated, do not result in duplication of services, and maintain access and quality of care for the individuals being served. The authority must provide all necessary data, access, and reports to the department of corrections for all department of corrections offenders that receive medicaid paid services.
(16) No more than $1,535,000 of the general fundfederal appropriation and $810,000 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 authority or its providers or third party administrator. The department and the authority 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 increase general fundstate expenditures under this initiative. The secretary in collaboration with the director of the authority shall report to the joint select committee on health care oversight no less than quarterly on financial and health outcomes. The secretary in cooperation with 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.
(17) $6,858,000 of the general fundstate appropriation for fiscal year 2022, $6,858,000 of the general fundstate appropriation for fiscal year 2023, and $8,046,000 of the general fundfederal appropriation are provided solely to maintain new crisis triage or stabilization centers. Services in these facilities may include crisis stabilization and intervention, individual counseling, peer support, medication management, education, and referral assistance. The authority shall monitor each center's effectiveness at lowering the rate of state psychiatric hospital admissions.
(18) $1,125,000 of the general fundfederal appropriation, from the substance abuse prevention and treatment federal block grant amount, is provided solely for the authority to develop a memorandum of understanding with the department of health for implementation of chapter 297, Laws of 2017 (opioid treatment programs). The authority must use these amounts to reimburse the department of health for costs incurred through the implementation of the bill.
(19) $9,795,000 of the general fundstate appropriation for fiscal year 2022, $10,015,000 of the general fundstate appropriation for fiscal year 2023, and $15,025,000 of the general fundfederal appropriation are provided solely for the operation of secure withdrawal management and stabilization facilities. The authority may not use any of these amounts for services in facilities that are subject to federal funding restrictions that apply to institutions for mental diseases, unless they have received a waiver that allows for full federal participation in these facilities. Within these amounts, funding is provided to increase the fee for service rate for these facilities up to $650 per day. The authority must require in contracts with behavioral health entities that they pay no lower than the fee for service rate. The authority must coordinate with regional behavioral health entities to identify and implement purchasing strategies or regulatory changes that increase access to services for individuals with complex behavioral health needs at secure withdrawal management and stabilization facilities.
(20) $23,090,000 of the general fundstate appropriation for fiscal year 2022, $23,090,000 of the general fundstate appropriation for fiscal year 2023, and $92,444,000 of the general fundfederal appropriation are provided solely to maintain the enhancement of community-based behavioral health services that were initially funded in fiscal year 2019. 20 percent of the general fund—state appropriation amounts must be provided to behavioral health administrative services organizations to increase their nonmedicaid regional funding allocations and the remainder must be provided to the medicaid managed care organizations providing apple health integrated managed care. The medicaid funding is intended to increase rates for behavioral health services provided by licensed and certified community behavioral health agencies as defined by the department of health. For the behavioral health administrative services organizations, this funding must be allocated to each region based upon the population of the region. For managed care organizations, this funding must be provided through the behavioral health portion of the medicaid integrated managed care capitation rates. The authority must require managed care organizations to provide a report that details the methodology the managed care organization used to distribute this funding to their contracted behavioral health providers. The report submitted by behavioral health administrative service organizations and managed care organizations must include mechanisms employed to disperse the funding as well as estimated impacts to behavioral health providers in the community. The authority must submit a report to the legislature by December annually, summarizing the information provided by the managed care organizations regarding the distribution of the funding provided under this section.
(21)(a) $47,344,000 of the general fundstate appropriation for fiscal year 2022, $54,136,000 of the general fundstate appropriation for fiscal year 2023, and $81,511,000 of the general fundfederal appropriation are provided solely for the department to contract with community hospitals or freestanding evaluation and treatment centers to provide long-term inpatient care beds as defined in RCW 71.24.025. Within these amounts, the authority must meet the requirements for reimbursing counties for the judicial services for patients being served in these settings in accordance with RCW 71.05.730. The authority must coordinate with the department of social and health services in developing the contract requirements, selecting contractors, establishing processes for identifying patients that will be admitted to these facilities, and developing procedures for placing patients converted from the forensic system, and other patients with more severe symptoms, in community settings.
(b) Sufficient amounts are provided for the authority to reimburse providers serving medicaid clients in long-term inpatient care beds as defined in RCW 71.24.025 as follows:
(i) For a hospital licensed under chapter 70.41 RCW that requires a hospital-specific medicaid inpatient psychiatric per diem payment rate for long-term civil commitment patients because the hospital has completed a medicare cost report, the authority shall analyze the most recent medicare cost report of the hospital after a minimum of 200 medicaid inpatient psychiatric days. The authority shall establish the inpatient psychiatric per diem payment rate for long-term civil commitment patients for the hospital at 100 percent of the allowable cost of care, based on the most recent medicare cost report of the hospital.
(ii) For a hospital licensed under chapter 70.41 RCW that has not completed a medicare cost report with more than 200 medicaid inpatient psychiatric days, the authority shall establish the medicaid inpatient psychiatric per diem payment rate for long-term civil commitment patients for the hospital at the higher of:
(A) The hospital's current medicaid inpatient psychiatric rate; or
(B) The annually updated statewide average of the medicaid inpatient psychiatric per diem payment rate of all acute care hospitals licensed under chapter 70.41 RCW providing long-term civil commitment services.
(iii) For a hospital licensed under chapter 71.12 RCW and currently providing long-term civil commitment services, the authority shall establish the medicaid inpatient psychiatric per diem payment rate at $940 plus any adjustments that may be needed to capture any costs associating with long-term psychiatric patients that are not allowable on the medicare cost report. The hospital may provide the authority with supplemental data to be considered and used to make any appropriate adjustments to the medicaid inpatient psychiatric per diem payment rate of the hospital. Adjustment of costs may include:
(A) Costs associated with professional services and fees;
(B) Costs associated with the hospital providing the long-term psychiatric patient access to involuntary treatment court services; and
(C) Other costs associated with caring for long-term psychiatric patients.
(iv) For a hospital licensed under chapter 71.12 RCW that requires an initial medicaid inpatient psychiatric per diem payment rate for long-term civil commitment services because it has not yet completed a medicare cost report, the authority shall establish the medicaid inpatient psychiatric per diem payment rate at the higher of:
(A) The hospital's current medicaid inpatient psychiatric rate; or
(B) The annually updated statewide average of the medicaid inpatient psychiatric per diem payment rate of all freestanding psychiatric hospitals licensed under chapter 71.12 RCW providing long-term civil commitment services.
(22)(a) $12,878,000 of the dedicated marijuana accountstate appropriation for fiscal year 2022 and $12,878,000 of the dedicated marijuana accountstate appropriation for fiscal year 2023 are provided for:
(i) A memorandum of understanding with the department of children, youth, and families to provide substance abuse treatment programs;
(ii) A contract with the Washington state institute for public policy to conduct a cost-benefit evaluation of the implementations of chapter 3, Laws of 2013 (Initiative Measure No. 502);
(iii) Designing and administering the Washington state healthy youth survey and the Washington state young adult behavioral health survey;
(iv) Maintaining increased services to pregnant and parenting women provided through the parent child assistance program;
(v) Grants to the office of the superintendent of public instruction for life skills training to children and youth;
(vi) Maintaining increased prevention and treatment service provided by tribes and federally recognized American Indian organization to children and youth;
(vii) Maintaining increased residential treatment services for children and youth;
(viii) Training and technical assistance for the implementation of evidence-based, research based, and promising programs which prevent or reduce substance use disorder;
(ix) Expenditures into the home visiting services account; and
(x) Grants to community-based programs that provide prevention services or activities to youth.
(b) The authority must allocate the amounts provided in (a) of this subsection amongst the specific activities proportionate to the fiscal year 2019 allocation.
(23)(a) $1,125,000 of the general fundstate appropriation for fiscal year 2022 and $1,125,000 of the general fundstate appropriation for fiscal year 2023 is provided solely for Spokane behavioral health entities to implement services to reduce utilization and the census at eastern state hospital. Such services must include:
(i) High intensity treatment team for persons who are high utilizers of psychiatric inpatient services, including those with co-occurring disorders and other special needs;
(ii) Crisis outreach and diversion services to stabilize in the community individuals in crisis who are at risk of requiring inpatient care or jail services;
(iii) Mental health services provided in nursing facilities to individuals with dementia, and consultation to facility staff treating those individuals; and
(iv) Services at the sixteen-bed evaluation and treatment facility.
(b) At least annually, the Spokane county behavioral health entities shall assess the effectiveness of these services in reducing utilization at eastern state hospital, identify services that are not optimally effective, and modify those services to improve their effectiveness.
(24) $1,850,000 of the general fundstate appropriation for fiscal year 2022, $1,850,000 of the general fundstate appropriation for fiscal year 2023, and $13,312,000 of the general fundfederal appropriation are provided solely for substance use disorder peer support services included in behavioral health capitation rates in accordance with section 213(5)(ss), chapter 299, Laws of 2018. The authority shall require managed care organizations to provide access to peer support services for individuals with substance use disorders transitioning from emergency departments, inpatient facilities, or receiving treatment as part of hub and spoke networks.
(25) $1,256,000 of the general fundstate appropriation for fiscal year 2022, $1,256,000 of the general fundstate appropriation for fiscal year 2023, and $2,512,000 of the general fundfederal appropriation are provided solely for the authority to increase the number of residential beds for pregnant and parenting women. These amounts may be used for startup funds and ongoing costs associated with two new sixteen bed pregnant and parenting women residential treatment programs.
(26) $1,393,000 of the general fundstate appropriation for fiscal year 2022, $1,423,000 of the general fundstate appropriation for fiscal year 2023, and $5,938,000 of the general fundfederal appropriation are provided solely for the authority to implement discharge wraparound services for individuals with complex behavioral health conditions transitioning or being diverted from admission to psychiatric inpatient programs. The authority must coordinate with the department of social and health services in establishing the standards for these programs.
(27) $3,396,000 of the general fundstate appropriation for fiscal year 2022, $3,396,000 of the general fundstate appropriation for fiscal year 2023, and $16,200,000 of the general fundfederal appropriation are provided solely for support of and to increase clubhouse facilities across the state. The authority shall work with the centers for medicare and medicaid services to review opportunities to include clubhouse services as an optional "in lieu of" service in managed care organization contracts in order to maximize federal participation. The authority must provide a report to the office of financial management and the appropriate committees of the legislature on the status of efforts to implement clubhouse programs and receive federal approval for including these services in managed care organization contracts as an optional "in lieu of" service.
(28) $800,000 of the general fundstate appropriation for fiscal year 2022, $800,000 of the general fundstate appropriation for fiscal year 2023, and $1,452,000 of the general fundfederal appropriation are provided solely for the authority to implement the recommendations of the state action alliance for suicide prevention, to include suicide assessments, treatment, and grant management.
(29) $446,000 of the general fundstate appropriation for fiscal year 2022, $446,000 of the general fundstate appropriation for fiscal year 2023, and $178,000 of the general fundfederal appropriation are provided solely for the University of Washington's evidence-based practice institute which supports the identification, evaluation, and implementation of evidence-based or promising practices. The institute must work with the authority to develop a plan to seek private, federal, or other grant funding in order to reduce the need for state general funds. The authority must collect information from the institute on the use of these funds 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.
(30) $396,000 of the general fundstate appropriation for fiscal year 2022, $329,000 of the general fundstate appropriation for fiscal year 2023, and $3,153,000 of the general fundfederal appropriation are provided solely to support the administrative costs associated with the application and implementation of a federal waiver allowing for full federal participation in mental health treatment facilities identified as institutions of mental diseases.
(31) As an element of contractual network adequacy requirements and reporting, the authority shall direct managed care organizations to make all reasonable efforts to develop or maintain contracts with provider networks that leverage local, federal, or philanthropic funding to enhance effectiveness of medicaid-funded integrated care services. These networks must promote medicaid clients' access to a system of services that addresses additional social support services and social determinants of health as defined in RCW 43.20.025 in a manner that is integrated with the delivery of behavioral health and medical treatment services.
(32) In establishing, re-basing, enhancing, or otherwise updating medicaid rates for behavioral health services, the authority and contracted actuaries shall use a transparent process that provides an opportunity for medicaid managed care organizations, behavioral health administrative service organizations, and behavioral health provider agencies, and their representatives, to review and provide data and feedback on proposed rate changes within their region or regions of service operation. The authority and contracted actuaries shall transparently incorporate the information gained from this process and make adjustments allowable under federal law when appropriate.
(33) The authority shall seek input from representatives of the managed care organizations (MCOs), licensed community behavioral health agencies, and behavioral health administrative service organizations to develop the format of a report which addresses revenues and expenditures for the community behavioral health programs. The report shall include, but not be limited to (i) revenues and expenditures for community behavioral health programs, including medicaid and nonmedicaid funding; (ii) access to services, service denials, and utilization by state plan modality; (iii) claims denials and record of timely payment to providers; (iv) client demographics; and (v) social and recovery measures and managed care organization performance measures. The authority shall submit the report for the preceding calendar year to the governor and appropriate committees of the legislature on or before July 1st of each year.
(34)(a) $150,000 of the general fundstate appropriation for fiscal year 2022 is provided solely for the authority to convene a work group to develop a recommended teaching clinic enhancement rate for behavioral health agencies training and supervising students and those seeking their certification or license. This work should include: Developing standards for classifying a behavioral health agency as a teaching clinic; a cost methodology to determine a teaching clinic enhancement rate; and a timeline for implementation. The work group must include representatives from:
(i) The department of health;
(ii) The office of the governor;
(iii) The Washington workforce training and education board;
(iv) The Washington council for behavioral health;
(v) Licensed and certified behavioral health agencies; and
(vi) Higher education institutions.
(b) By October 15, 2021, the health care authority must submit a report of the work group's recommendations to the governor and the appropriate committees of the legislature.
(35) The criminal justice treatment accountstate appropriation is provided solely for treatment and treatment support services for offenders with a substance use disorder pursuant to RCW 71.24.580. The authority must offer counties the option to administer their share of the distributions provided for under RCW 71.24.580(5)(a). If a county is not interested in administering the funds, the authority shall contract with behavioral health entities to administer these funds consistent with the plans approved by local panels pursuant to RCW 71.24.580(5)(b). Funding from the criminal justice treatment account may be used to provide treatment and support services through the conclusion of an individual's treatment plan to individuals participating in a drug court program as of February 24, 2021, if that individual wishes to continue treatment following dismissal of charges they were facing under RCW 69.50.4013(1). Such participation is voluntary and contingent upon substantial compliance with drug court program requirements. The authority must provide a report to the office of financial management and the appropriate committees of the legislature which identifies the distribution of criminal justice treatment account funds by September 30, 2021.
(36) $9,000,000 of the criminal justice treatment accountstate appropriation is provided solely for the authority to provide funding for the setting up of new therapeutic courts for cities or counties or for the continuing operations of therapeutic courts created or expanded in the 2019-2021 fiscal biennium, the expansion of services being provided to an already existing therapeutic court that engages in evidence based practices, to include medication assisted treatment in jail settings pursuant to RCW 71.24.580. Funding provided under this subsection shall not supplant existing funds utilized for this purpose.
(37) $110,000 of the general fundstate appropriation for fiscal year 2022, $110,000 of the general fundstate appropriation for fiscal year 2023, and $620,000 of the general fundfederal appropriation are provided solely for the development and implementation of a statewide behavioral health treatment bed registry system to provide up-to-date bed availability information to first responders, emergency room services, crisis responders, mental health centers, and other participants in the inpatient behavioral health system. The registry system is subject to the conditions, limitations, and review provided in section 701 of this act.
(38) $687,000 of the general fundstate appropriation for fiscal year 2022 and $687,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for maintaining increased services to pregnant and parenting women provided through the parent child assistance program.
(39) $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 for grants to tribes to prevent opioid use and expand treatment for opioid use disorders.
(40) $1,657,000 of the general fundstate appropriation for fiscal year 2022 and $1,657,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for maintaining and increasing support for youth prevention services.
(41) $881,000 of the general fundstate appropriation for fiscal year 2022 and $881,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for maintaining and increasing resources for peer support programs for individuals with substance use disorders, as well as recruiting peer specialists.
(42) $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 maintaining and increasing the capabilities of a tool to track medication assisted treatment provider capacity.
(43) $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 to support substance use disorder family navigators across the state.
(44) $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 grants to support recovery cafes across the state.
(45) $1,125,000 of the general fundstate appropriation for fiscal year 2022 and $1,125,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for short-term bridge subsidies to assist people exiting inpatient substance use disorder treatment and experiencing homelessness with move-in and housing costs.
(46) $69,000 of the general fundstate appropriation for fiscal year 2022, $63,000 of the general fundstate appropriation for fiscal year 2023, and $198,000 of the general fundfederal appropriation are provided solely for the implementation of Engrossed Second Substitute Senate Bill No. 5071 (civil commitment transition). If the bill is not enacted by June 30, 2021, the amounts provided in this subsection will lapse.
(47) $200,000 of the general fundstate appropriation for fiscal year 2022, $195,000 of the general fundstate appropriation for fiscal year 2023, and $755,000 of the general fundfederal appropriation are provided solely for a grant program to award funding to fire departments in the state of Washington to implement safe station pilot programs. Programs that combine the safe station approach with fire department mobile integrated health programs such as the community assistance referral and education services program under RCW 35.21.930 are encouraged. Certified substance use disorder peer specialists may be employed in a safe station pilot program if the authority determines that a plan is in place to provide appropriate levels of supervision and technical support. Safe station pilot programs shall collaborate with behavioral health administrative services organizations, local crisis providers, and other stakeholders to develop a streamlined process for referring safe station clients to the appropriate level of care. Funding for pilot programs under this subsection shall be used for new or expanded programs and may not be used to supplant existing funding.
(48) $71,000 of the general fundstate appropriation for fiscal year 2022, $66,000 of the general fundstate appropriation for fiscal year 2023, and $136,000 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 will lapse.
(49)(a) $6,134,000 of the general fundstate appropriation for fiscal year 2022 and $6,134,000 of the general fundstate appropriation for fiscal year 2023 are provided solely to transition the costs for behavioral health personal care for individuals with exceptional care needs and for those who need additional support in long term care settings into the state's medicaid managed care rates and personal care services on an ongoing basis. The authority shall coordinate with the department of social and health services to develop and submit a 1915(i) state plan amendment to the centers for medicare and medicaid services to allow the delivery of wrap around supportive behavioral health services for individuals who also have a personal care need.
(b) By October 1, 2021, the authority must submit a report to the fiscal and health care committees of the legislature documenting:
(i) The scope, level, and amount of services provided by the medicaid managed care organization general fundstate wraparound contracts, including the amount of general fundstate dollars used for each component of care provided in the contracts and how the amount spent on each component of care has changed since the state moved fully into the integrated managed care model; and
(ii) The status of the state plan amendment required in this section.
(c) By October 1, 2022, the state must report on:
(i) How the change in service provision for behavioral health personal care funded and authorized in this section has improved access to care for patients, including information on patients served who are directly discharged from inpatient state hospital facilities and long-term civil commitments; and
(ii) The status of the state plan amendment required in this section.
(50) $150,000 of the general fundstate appropriation for fiscal year 2022 is provided solely for the authority to evaluate options for a medicaid waiver to provide respite care for youth with behavioral health challenges while avoiding adverse impacts with respite waivers at the department of social and health services developmental disabilities administration and the department of children, youth, and families.
(51) $4,000,000 of the general fundstate appropriation for fiscal year 2022 and $4,000,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for enhancements to mobile crisis teams through behavioral health administrative service organizations.
(52) $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 grants to law enforcement and other first responders to include a mental health professional on the team of personnel responding to emergencies.
(53) $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 authority to contract for the following: (a) At least $150,000 biennially to the University of Washington autism center to provide telecommunication consultation with local physicians to discuss medications appropriate to patients who have developmental disability and behavioral issues; and (b) at least $50,000 biennially to contract for training to both behavioral health and developmental disabilities professionals to support individuals with both developmental disability and behavioral health needs. Funding is also provided for contract expansions to include training for behavioral health and developmental disabilities professionals to support and manage children and youth with challenging behaviors in the respite setting, expand training to providers across the state, add training for medical providers who have requested specialized training, and provide additional support for wraparound with intensive services and behavioral health staff to meet other training needs.
(54) $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 a grant to a statewide mental health non-profit serving consumers and families that provides free community and school-based mental health education and support programs. The grantee must provide access to programs tailored to peers living with mental illness as well as family members of people with mental illness and the community at large to provide education, support, reduce isolation, and help consumers and families understand what services are available in their communities.
(55) $4,374,000 of the general fundstate appropriation for fiscal year 2022, $3,474,000 of the general fundstate appropriation for fiscal year 2023, and $2,622,000 of the general fundfederal appropriation are provided solely to expand youth mobile crisis services statewide.
(56) $1,531,000 of the general fundstate appropriation for fiscal year 2022, $1,531,000 of the general fundstate appropriation for fiscal year 2023, and $66,000 of the general fundfederal appropriation are provided solely to provide up to five sessions of intake and assessment in homes or other natural setting.
(57) $3,377,000 of the general fundstate appropriation for fiscal year 2022 and $5,178,000 of the general fundstate appropriation for fiscal year 2023 are provided solely to continue and expand two pilot programs for intensive outpatient services and partial hospitalization services for certain children and adolescents authorized in section 215(76) of chapter 357, Laws of 2020 (ESSB 6168), including the reporting requirements implemented in that section.
(58) $500,000 of the problem gambling accountstate appropriation is provided solely for the authority to contract for a problem gambling adult prevalence study. The prevalence study must review both statewide and regional results about beliefs and attitudes toward gambling, gambling behavior and preferences, and awareness of treatment services. The study should also estimate the level of risk for problem gambling and examine correlations with broader behavioral and mental health measures. The health care authority shall submit results of the prevalence study to the problem gambling task force and the legislature by June 30, 2022.
(59) $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 city of Arlington in partnership with the North County regional fire authority for a mobile integrated health pilot project. The project shall provide mobile integrated health services for residents who cannot navigate resources through typical methods through brief therapeutic intervention, biopsychosocial assessment and referral, and community care coordination.
NEW SECTION.  Sec. 216. FOR THE HUMAN RIGHTS COMMISSION
General FundState Appropriation (FY 2022)
. . . .
$2,900,000
General FundState Appropriation (FY 2023)
. . . .
$2,935,000
General FundFederal Appropriation
. . . .
$2,572,000
TOTAL APPROPRIATION
. . . .
$8,407,000
The appropriations in this section are subject to the following conditions and limitations: $1,000 of the general fundstate appropriation for fiscal year 2022 and $1,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for the implementation of Senate Bill No. 5027 (television closed captions). If the bill is not enacted by June 30 2021, the amounts provided in this subsection shall lapse.
NEW SECTION.  Sec. 217. FOR THE BOARD OF INDUSTRIAL INSURANCE APPEALS
Worker and Community Right to Know FundState
Appropriation
. . . .
$10,000
Accident AccountState Appropriation
. . . .
$23,999,000
Medical Aid AccountState Appropriation
. . . .
$23,996,000
TOTAL APPROPRIATION
. . . .
$48,005,000
NEW SECTION.  Sec. 218. FOR THE CRIMINAL JUSTICE TRAINING COMMISSION
General FundState Appropriation (FY 2022)
. . . .
$34,364,000
General FundState Appropriation (FY 2023)
. . . .
$34,179,000
General FundPrivate/Local Appropriation
. . . .
$5,358,000
Death Investigations AccountState Appropriation
. . . .
$1,216,000
Municipal Criminal Justice Assistance AccountState
Appropriation
. . . .
$460,000
Washington Auto Theft Prevention Authority Account
State Appropriation
. . . .
$7,167,000
24/7 Sobriety AccountState Appropriation
. . . .
$20,000
TOTAL APPROPRIATION
. . . .
$82,764,000
The appropriations in this section are subject to the following conditions and limitations:
(1) $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 to the Washington association of sheriffs and police chiefs solely to verify the address and residency of registered sex offenders and kidnapping offenders under RCW 9A.44.130.
(2) $602,000 of the general fundstate appropriation for fiscal year 2022 and $605,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for 75 percent of the costs of providing two additional statewide basic law enforcement trainings in each fiscal year. The criminal justice training commission must schedule its funded classes to minimize wait times throughout each fiscal year and meet statutory wait time requirements. The criminal justice training commission must track and report the average wait time for students at the beginning of each class and provide the findings in an annual report to the legislature due in December of each year. At least three classes must be held in Spokane each year.
(3) The criminal justice training commission may not run a basic law enforcement academy class of fewer than 30 students.
(4) $429,000 of the general fundstate appropriation for fiscal year 2022 and $429,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for expenditure into the nonappropriated Washington internet crimes against children account for the implementation of chapter 84, Laws of 2015.
(5) $6,000,000 of the general fundstate appropriation for fiscal year 2022 and $6,000,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for the mental health field response team program administered by the Washington association of sheriffs and police chiefs. The association must distribute $7,000,000 in grants to the phase one and phase two regions as outlined in the settlement agreement under Trueblood, et. al. v. Department of Social and Health Services, et. al., U.S. District Court-Western District, Cause No. 14-cv-01178-MJP. The association must submit an annual report to the Governor and appropriate committees of the legislature by September 1st of each year of the biennium. The report shall include best practice recommendations on law enforcement and behavioral health field response and include outcome measures on all grants awarded.
(6) $899,000 of the general fundstate appropriation for fiscal year 2022 and $899,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for crisis intervention training for the phase one regions as outlined in the settlement agreement under Trueblood, et. al. v. Department of Social and Health Services, et. al., U.S. District Court-Western District, Cause No. 14-cv-01178-MJP.
(7) $1,216,000 of the death investigations accountstate appropriation is provided solely for the commission to provide 240 hours of medicolegal forensic investigation training to coroners and medical examiners to meet the recommendations of the national commission on forensic science for certification and accreditation.
(8) $13,000 of the general fundstate appropriation for fiscal year 2022, $26,000 of the general fundstate appropriation for fiscal year 2023, and $12,000 of the general fundlocal appropriation are provided solely for an increase in vendor rates on the daily meals provided to basic law enforcement academy recruits during their training.
(9)(a) $200,000 of the general fundstate appropriation for fiscal year 2022 and $200,000 of the general fundstate appropriation for fiscal year 2023 are provided solely to implement chapter 378, Laws of 2019 (alternatives to arrest/jail).
(b) $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 evaluation of grant-funded programs under chapter 378, Laws of 2019 (alternatives to arrest/jail).
(10) $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 the Washington association of sheriffs and police chiefs to administer the sexual assault kit initiative project under RCW 36.28A.430, to assist multidisciplinary community response teams seeking resolutions to cases tied to previously unsubmitted sexual assault kits, and to provide support to survivors of sexual assault offenses. The commission must report to the governor and the chairs of the senate committee on ways and means and the house of representatives committee on appropriations by June 30, 2022, on the number of sexual assault kits that have been tested, the number of kits remaining to be tested, the number of sexual assault cases that had hits to other crimes, the number of cases that have been reinvestigated, the number of those cases that were reinvestigated using state funding under this appropriation, and the local jurisdictions that were a recipient of a grant under the sexual assault kit initiative project.
(11) $20,000 of the general fundstate appropriation for fiscal year 2022 and $20,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for the Washington association of sheriffs and police chiefs to work with local law enforcement agencies and the Washington fire chiefs association to provide helmets to persons contacted by local law enforcement or an official of a local fire department for not wearing a helmet while riding a skateboard or bicycle in order to reduce traumatic brain injuries throughout the state. The Washington association of sheriffs and police chiefs shall work in conjunction with the Washington fire chiefs association in administering the helmet distribution program.
(12) $307,000 of the general fundstate appropriation for fiscal year 2022 is provided solely for chapter 294, Laws of 2020 (critical stress management programs).
(13) $727,000 of the general fundstate appropriation for fiscal year 2022, $727,000 of the general fundstate appropriation for fiscal year 2023, and $248,000 of the general fund—local appropriation are provided solely for chapter 119, Laws of 2020 (correctional officer certification).
(14) $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 to the Washington association of sheriffs and police chiefs solely to establish a behavioral health support and suicide prevention program for law enforcement officers. The program will begin with grants to three pilot locations and will leverage access to mental health professionals, critical stress management, and resiliency training.
(15) $1,883,000 of the general fund—state appropriation for fiscal year 2022 and $1,986,000 of the general fund—state appropriation for fiscal year 2023 are provided solely for implementation of Engrossed Second Substitute Senate Bill No. 5051 (peace officer oversight). If the bill is not enacted by June 30, 2021, the amounts provided in this subsection shall lapse.
(16) $474,000 of the general fund—state appropriation for fiscal year 2022 and $446,000 of the general fund—state appropriation for fiscal year 2023 are provided solely for implementation of Substitute Senate Bill No. 5066 (officer duty to intervene). If the bill is not enacted by June 30, 2021, the amounts provided in this subsection shall lapse.
(17) $151,000 of the general fundstate appropriation for fiscal year 2022 and $148,000 of the general fundstate appropriation for fiscal year 2023 are provided solely to support the participation of the Washington association of sheriffs and police chiefs in the joint legislative task force on jail standards created in section 978 of this act.
NEW SECTION.  Sec. 219. FOR THE OFFICE OF INDEPENDENT INVESTIGATIONS
General FundState Appropriation (FY 2022)
. . . .
$9,000,000
General FundState Appropriation (FY 2023)
. . . .
$17,000,000
TOTAL APPROPRIATION
. . . .
$26,000,000
The appropriations in this section are subject to the following conditions and limitations: The appropriations in this section are for the implementation of Engrossed Substitute House Bill No. 1267 (establishing an office of independent investigations), to create an office within the office of the governor for the purposes of investigating deadly force incidents involving peace officers. If the bill is not enacted by June 30, 2021, the amounts provided in this subsection shall lapse.
NEW SECTION.  Sec. 220. FOR THE DEPARTMENT OF LABOR AND INDUSTRIES
General FundState Appropriation (FY 2022)
. . . .
$13,751,000
General FundState Appropriation (FY 2023)
. . . .
$15,489,000
General FundFederal Appropriation
. . . .
$11,876,000
Asbestos AccountState Appropriation
. . . .
$573,000
Electrical License AccountState Appropriation
. . . .
$56,305,000
Farm Labor Contractor AccountState Appropriation
. . . .
$28,000
Worker and Community Right to Know FundState
Appropriation
. . . .
$1,000,000
Construction Registration Inspection AccountState
Appropriation
. . . .
$28,716,000
Public Works Administration AccountState
Appropriation
. . . .
$9,327,000
Manufactured Home Installation Training Account
State Appropriation
. . . .
$395,000
Accident AccountState Appropriation
. . . .
$364,535,000
Accident AccountFederal Appropriation
. . . .
$16,047,000
Medical Aid AccountState Appropriation
. . . .
$363,526,000
Medical Aid AccountFederal Appropriation
. . . .
$3,608,000
Plumbing Certificate AccountState Appropriation
. . . .
$3,300,000
Pressure Systems Safety AccountState Appropriation
. . . .
$4,542,000
TOTAL APPROPRIATION
. . . .
$893,018,000
The appropriations in this section are subject to the following conditions and limitations:
(1) $8,551,000 of the accident accountstate appropriation and $8,551,000 of the medical aid accountstate appropriation are provided solely for the labor and industries workers' compensation information system replacement project. This subsection is subject to the conditions, limitations, and review provided in section 701 of this act. The department must:
(a) Submit a report by August 1, 2021, on the quantifiable deliverables accomplished in fiscal years 2020 and 2021 and the amount spent by each deliverable in each of the following subprojects:
(i) Business readiness;
(ii) Change readiness;
(iii) Commercial off the shelf procurement;
(iv) Customer access;
(v) Program foundations;
(vi) Independent assessment; and
(vii) In total by fiscal year;
(b) Submit quarterly data within 30 calendar days of the end of each quarter, effective July 1, 2021, on:
(i) All of the quantifiable deliverables accomplished by subprojects identified in (a)(i) through (vi) of this subsection and in total and the associated expenditures by each deliverable by fiscal month;
(ii) The contract full time equivalent charged by subprojects identified in (a)(i) through (vi) of this subsection, and in total, compared to the budget spending plan by month for each contracted vendor and what the ensuing contract equivalent budget spending plan by subprojects identified in (a)(i) through (vi) of this subsection, and in total, assumes by fiscal month;
(iii) The performance metrics by subprojects identified in (a)(i) through (vi) of this subsection, and in total, that are currently used, including monthly performance data; and
(iv) The risks identified independently by at least the quality assurance vendor and the office of the chief information officer, and how the project:
(A) Has mitigated each risk; and
(B) Is working to mitigate each risk, and when it will be mitigated;
(c) Submit the reports in (a) and (b) of this subsection to fiscal and policy committees of the legislature; and
(d) Receive an additional gated project sign off by the office of financial management, effective September 1, 2021. Prior to spending any project funding in this subsection each quarter, there is an additional gate of approval required for this project. The director of financial management must agree that the reporting data provided each quarter shows accountability, effective and appropriate use of the funding, and that risks are being mitigated to the spending and sign off on the spending for the ensuing quarter.
(2) $250,000 of the medical aid accountstate appropriation and $250,000 of the accident accountstate appropriation are provided solely for the department of labor and industries safety and health assessment and research for prevention program to conduct research to address the high injury rates of the janitorial workforce. The research must quantify the physical demands of common janitorial work tasks and assess the safety and health needs of janitorial workers. The research must also identify potential risk factors associated with increased risk of injury in the janitorial workforce and measure workload based on the strain janitorial work tasks place on janitors' bodies. The department must conduct interviews with janitors and their employers to collect information on risk factors, identify the tools, technologies, and methodologies used to complete work, and understand the safety culture and climate of the industry. The department must produce annual progress reports through the year 2022 or until the tools are fully developed and deployed. The annual progress report must be submitted to the governor and legislature by December 1st of each year such report is due.
(3) $258,000 of the accident accountstate appropriation and $258,000 of the medical aid accountstate appropriation are provided solely for the department of labor and industries safety and health assessment research for prevention program to conduct research to prevent the types of work-related injuries that require immediate hospitalization. The department will develop and maintain a tracking system to identify and respond to all immediate in-patient hospitalizations and will examine incidents in defined high-priority areas, as determined from historical data and public priorities. The research must identify and characterize hazardous situations and contributing factors using epidemiological, safety-engineering, and human factors/ergonomics methods. The research must also identify common factors in certain types of workplace injuries that lead to hospitalization. The department must submit a report to the governor and appropriate legislative committees by August 30, 2021, and annually thereafter, summarizing work-related immediate hospitalizations and prevention opportunities, actions that employers and workers can take to make workplaces safer, and ways to avoid severe injuries.
(4)(a) $2,000,000 of the general fundstate appropriation for fiscal year 2022 and $2,000,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for grants to promote workforce development in aerospace and aerospace related supply chain industries by: Expanding the number of registered apprenticeships, preapprenticeships, and aerospace-related programs; and providing support for registered apprenticeships or programs in aerospace and aerospace-related supply chain industries.
(b) Grants awarded under this section may be used for:
(i) Equipment upgrades or new equipment purchases for training purposes;
(ii) New training space and lab locations to support capacity needs and expansion of training to veterans and veteran spouses, and underserved populations;
(iii) Curriculum development and instructor training for industry experts;
(iv) Tuition assistance for degrees in engineering and high-demand degrees that support the aerospace industry; and
(v) Funding to increase capacity and availability of child care options for shift work schedules.
(c) An entity is eligible to receive a grant under this subsection if it is a nonprofit, nongovernmental, or institution of higher education that provides training opportunities, including apprenticeships, preapprenticeships, preemployment training, aerospace-related degree programs, or incumbent worker training to prepare workers for the aerospace and aerospace-related supply chain industries.
(5) $3,632,000 of the accident accountstate appropriation and $876,000 of the medical aid accountstate appropriation are provided solely for the creation of an agriculture compliance unit within the division of occupational safety and health. The compliance unit will perform compliance inspections and provide bilingual outreach to agricultural workers and employers.
(6) $2,849,000 of the construction registration inspection account—state appropriation, $152,000 of the accident account—state appropriation, and $31,000 of the medical aid account—state appropriation are provided solely for the conveyance management system replacement project and are subject to the conditions, limitations, and review provided in section 701 of this act.
(7)(a) $2,065,000 of the medical aid account—state appropriation is provided solely for the implementation of the provider credentialing system project and is subject to the conditions, limitations, and review provided in section 701 of this act.
(b) $510,000 of the medical aid accountstate appropriation is provided solely for the maintenance and operations of the provider credentialing project.
(8) $530,000 of the accident accountstate appropriation and $94,000 of the medical aid accountstate appropriation are provided solely for the department to conduct infectious disease rule making to ensure the state has general guidelines to follow in the case of an infectious disease outbreak and to provide education and outreach.
(9) $334,000 of the accident accountstate appropriation and $60,000 of the medical aid accountstate appropriation are provided for the maintenance and operating costs of the isolated worker protection information technology project.
(10) $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 analyze patients who are maintained on chronic opioids. The department must submit a report of its findings to the governor and the appropriate committees of the legislature no later than October 1, 2023. The report shall include analysis of patient data, describing the characteristics of patients who are maintained on chronic opioids and their clinical needs, and a preliminary evaluation of potential interventions to improve care and reduce harms in this population.
(11) $100,000 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 an organization in Pierce county experienced in providing peer-to-peer training, in order to develop and implement a program aimed at reducing workplace sexual harassment in the agricultural sector, with the following deliverables:
(a) Peer-to-peer training and evaluation of sexual harassment training curriculum; and
(b) The building of a statewide network of peer trainers as farmworker leaders whose primary purpose is to prevent workplace sexual harassment and assault through leadership, education, and other tools.
(12) $150,000 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 work group to investigate how to make Washington's industrial insurance system easier to access for employers and hiring entities to provide industrial insurance coverage for domestic workers.
(a) Domestic workers include, but are not limited to: Housecleaners, nannies, gardeners, and day laborers, including but not limited to those who may perform maintenance or repair work in or about the private home of the employer or hiring entity.
(b) The work group shall make recommendations to the governor and appropriate legislative committees on legislative, regulatory, or other changes that would make the industrial insurance system easier for day laborers and their employers to access. This work group will also explore the possible role of intermediary nonprofit organizations that assist and refer domestic workers and day laborers.
(c) The work group shall be comprised of the following representatives, to be appointed by the governor by July 1, 2021:
(i) Two representatives who are directly impacted domestic workers who work for private home employers or hiring entities;
(ii) Two representatives who are directly impacted day laborers who work for private home employers or hiring entities;
(iii) Two representatives from unions, workers' centers, or intermediary nonprofit organizations that assist and/or refer such directly impacted workers;
(iv) Two employer or hiring entity representatives who directly employ or hire single domestic workers in private homes;
(v) One employer or hiring entity representative who directly employs or hires day laborers in a private home;
(vi) One representative from a nonprofit organization that educates and organizes household employers; and
(vii) Representatives from the department, serving in an ex officio capacity.
(d) The department shall convene the work group by August 1, 2021, and shall meet at least once every two months and may meet remotely in order to accommodate the involvement of domestic worker and day laborer representatives.
(e) The work group shall deliver its report and recommendations to the governor and the appropriate committees of the legislature no later than November 4, 2022.
(13) $508,000 of the accident accountstate appropriation and $507,000 of the medical aid accountstate appropriation are provided solely for costs associated with the implementation of Engrossed Substitute Senate Bill No. 5115 (health emergency/labor). If the bill is not enacted by June 30, 2021, the amounts provided in this subsection shall lapse.
(14) $2,688,000 of the accident accountstate appropriation and $948,000 of the medical aid accountstate appropriation are provided solely for costs associated with the implementation of Engrossed Substitute Senate Bill No. 5172 (agricultural overtime). If the bill is not enacted by June 30, 2021, the amounts provided in this subsection shall lapse.
(15) $760,000 of the general fundstate appropriation for fiscal year 2022 and $1,393,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for the implementation of Second Substitute Senate Bill No. 5183 (nonfatal strangulation). If the bill is not enacted by June 30, 2021, the amounts provided in this subsection shall lapse.
(16) $841,000 of the accident accountstate appropriation and $840,000 of the medical aid accountstate appropriation are provided solely for the implementation of Engrossed Substitute Senate Bill No. 5190 (health care workers/benefits). If the bill is not enacted by June 30, 2021, the amounts provided in this subsection shall lapse.
(17) $1,626,000 of the accident accountstate appropriation and $288,000 of the medical aid accountstate appropriation are provided solely for a temporary wage increase of seven and one-half percent for the department's safety and health compliance inspectors. This temporary increase will end June 30, 2023. Expenditure of the amounts provided for this purpose is contingent upon execution of an appropriate memorandum of understanding between the governor or the governor's designee and the exclusive bargaining representative, consistent with the terms of this proviso.
NEW SECTION.  Sec. 221. FOR THE DEPARTMENT OF VETERANS AFFAIRS
(1) The appropriations in this section are subject to the following conditions and limitations:
(a) The department of veterans affairs shall not initiate any services that will 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 that are unrelated to the coronavirus response and 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 that are unrelated to the coronavirus response, those moneys must be spent for services authorized in this act or in any other legislation that provides appropriation authority, and an equal amount of appropriated state 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.
(b) Each year, there is fluctuation in the revenue collected to support the operation of the state veteran homes. When the department has foreknowledge that revenue will decrease, such as from a loss of census or from the elimination of a program, the legislature expects the department to make reasonable efforts to reduce expenditures in a commensurate manner and to demonstrate that it has made such efforts. In response to any request by the department for general fundstate appropriation to backfill a loss of revenue, the legislature shall consider the department's efforts in reducing its expenditures in light of known or anticipated decreases to revenues.
(2) HEADQUARTERS
General FundState Appropriation (FY 2022)
. . . .
$3,721,000
General FundState Appropriation (FY 2023)
. . . .
$3,767,000
Charitable, Educational, Penal, and Reformatory
Institutions AccountState Appropriation
. . . .
$10,000
TOTAL APPROPRIATION
. . . .
$7,498,000
(3) FIELD SERVICES
General FundState Appropriation (FY 2022)
. . . .
$7,371,000
General FundState Appropriation (FY 2023)
. . . .
$7,530,000
General FundFederal Appropriation
. . . .
$4,412,000
General FundPrivate/Local Appropriation
. . . .
$4,959,000
Veteran Estate Management AccountPrivate/Local
Appropriation
. . . .
$717,000
TOTAL APPROPRIATION
. . . .
$24,989,000
The appropriations in this subsection are subject to the following conditions and limitations:
(a) $449,000 of the general fundstate appropriation for fiscal year 2022 and $449,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for supporting the statewide plan to reduce suicide among service members, veterans, and their families. No later than December 1, 2022, the department must submit to the appropriate fiscal committees of the legislature a report that describes how the funding provided in this subsection was spent, including the numbers of individuals served and the types of services provided.
(b) $233,000 of the general fundstate appropriation for fiscal year 2022 and $233,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for the traumatic brain injury program to reduce homelessness, domestic violence, and intimate partner violence impacts to the behavioral health system and justice system. No later than December 1, 2022, the department must submit to the appropriate fiscal committees of the legislature a report that describes how the funding provided in this subsection was spent, including the numbers of individuals served and the types of services provided.
(4) INSTITUTIONAL SERVICES
General FundState Appropriation (FY 2022)
. . . .
$10,626,000
General FundState Appropriation (FY 2023)
. . . .
$12,151,000
General FundFederal Appropriation
. . . .
$108,522,000
General FundPrivate/Local Appropriation
. . . .
$21,791,000
TOTAL APPROPRIATION
. . . .
$153,090,000
The appropriations in this subsection are subject to the following conditions and limitations: If the department receives additional unanticipated federal resources that are unrelated to the coronavirus response at any point during the remainder of the 2021-2023 fiscal biennium, an equal amount of general fundstate must be placed in unallotted status so as not to exceed the total appropriation level specified in this subsection. The department may submit as part of the policy level budget submittal documentation required by RCW 43.88.030 a request to maintain the general fundstate resources that were unallotted as required by this subsection.
(5) CEMETERY SERVICES
General FundState Appropriation (FY 2022)
. . . .
$85,000
General FundState Appropriation (FY 2023)
. . . .
$101,000
General FundFederal Appropriation
. . . .
$710,000
TOTAL APPROPRIATION
. . . .
$896,000
NEW SECTION.  Sec. 222. FOR THE DEPARTMENT OF HEALTH
General FundState Appropriation (FY 2022)
. . . .
$88,774,000
General FundState Appropriation (FY 2023)
. . . .
$88,561,000
General FundFederal Appropriation
. . . .
$588,272,000
General FundPrivate/Local Appropriation
. . . .
$232,756,000
Hospital Data Collection AccountState Appropriation
. . . .
$364,000
Health Professions AccountState Appropriation
. . . .
$142,399,000
Aquatic Lands Enhancement AccountState
Appropriation
. . . .
$633,000
Emergency Medical Services and Trauma Care Systems
Trust AccountState Appropriation
. . . .
$10,053,000
Safe Drinking Water AccountState Appropriation
. . . .
$5,958,000
Drinking Water Assistance AccountFederal
Appropriation
. . . .
$16,706,000
Waterworks Operator Certification AccountState
Appropriation
. . . .
$1,978,000
Drinking Water Assistance Administrative Account
State Appropriation
. . . .
$1,604,000
Site Closure AccountState Appropriation
. . . .
$180,000
Biotoxin AccountState Appropriation
. . . .
$1,675,000
Model Toxics Control Operating AccountState
Appropriation
. . . .
$4,746,000
Medical Test Site Licensure AccountState
Appropriation
. . . .
$3,187,000
Secure Drug Take-Back Program AccountState
Appropriation
. . . .
$1,130,000
Youth Tobacco and Vapor Products Prevention Account
State Appropriation
. . . .
$3,222,000
Dedicated Marijuana AccountState Appropriation
(FY 2022)
. . . .
$10,538,000
Dedicated Marijuana AccountState Appropriation
(FY 2023)
. . . .
$10,562,000
Public Health Supplemental AccountPrivate/Local
Appropriation
. . . .
$3,619,000
Accident AccountState Appropriation
. . . .
$348,000
Medical Aid AccountState Appropriation
. . . .
$53,000
TOTAL APPROPRIATION
. . . .
$1,217,318,000
The appropriations in this section are subject to the following conditions and limitations:
(1) The department of health shall not initiate any services that will require expenditure of state general fund moneys unless expressly authorized in this act or other law. The department of health and the state board of health shall not implement any new or amended rules pertaining to primary and secondary school facilities until the rules and a final cost estimate have been presented to the legislature, and the legislature has formally funded implementation of the rules through the omnibus appropriations act or by statute. 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 that provides appropriation authority, and an equal amount of appropriated state 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.
(2) During the 2021-2023 fiscal biennium, each person subject to RCW 43.70.110(3)(c) is required to pay only one surcharge of up to twenty-five dollars annually for the purposes of RCW 43.70.112, regardless of how many professional licenses the person holds.
(3) In accordance with RCW 43.70.110 and 71.24.037, the department is authorized to adopt license and certification fees in fiscal years 2022 and 2023 to support the costs of the regulatory program. The department's fee schedule shall have differential rates for providers with proof of accreditation from organizations that the department has determined to have substantially equivalent standards to those of the department, including but not limited to the joint commission on accreditation of health care organizations, the commission on accreditation of rehabilitation facilities, and the council on accreditation. To reflect the reduced costs associated with regulation of accredited programs, the department's fees for organizations with such proof of accreditation must reflect the lower costs of licensing for these programs than for other organizations which are not accredited.
(4) Within the amounts appropriated in this section, and in accordance with RCW 70.41.100, the department shall set fees to include the full costs of the performance of inspections pursuant to RCW 70.41.080.
(5) In accordance with RCW 43.70.110 and 71.24.037, the department is authorized to adopt fees for the review and approval of mental health and substance use disorder treatment programs in fiscal years 2022 and 2023 as necessary to support the costs of the regulatory program. The department's fee schedule must have differential rates for providers with proof of accreditation from organizations that the department has determined to have substantially equivalent standards to those of the department, including but not limited to the joint commission on accreditation of health care organizations, the commission on accreditation of rehabilitation facilities, and the council on accreditation. To reflect the reduced costs associated with regulation of accredited programs, the department's fees for organizations with such proof of accreditation must reflect the lower cost of licensing for these programs than for other organizations which are not accredited.
(6) 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 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.
(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 midwifery licensure and regulatory program to supplement revenue from fees. The department shall charge no more than five hundred twenty-five dollars annually for new or renewed licenses for the midwifery program.
(8) Within the amounts appropriated in this section, and in accordance with RCW 43.70.110 and 71.12.470, the department shall set fees to include the full costs of the performance of inspections pursuant to RCW 71.12.485.
(9) $26,855,000 of the general fundlocal appropriation is provided solely for the department to provide core medical services, case management, and support services for individuals living with human immunodeficiency virus.
(10) $17,000 of the health professions accountstate appropriation is provided solely for the implementation of Senate Bill No. 5018 (acupuncture and eastern med.) If the bill is not enacted by June 30, 2021, the amount provided in this subsection shall lapse.
(11) $703,000 of the general fundstate appropriation for fiscal year 2022 and $703,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for the implementation of Engrossed Second Substitute Senate Bill No. 5052 (health equity zones). If the bill is not enacted by June 30, 2021, the amounts provided in this subsection shall lapse.
(12) $73,000 of the general fundstate appropriation for fiscal year 2022 is provided solely for the 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.
(13) $79,000 of the general fundstate appropriation for fiscal year 2022 and $76,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for the 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.
(14) $1,333,000 of the general fundstate appropriation for fiscal year 2022 and $1,117,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for the implementation of Engrossed Second Substitute Senate Bill No. 5141 (env. justice task force recs). If the bill is not enacted by June 30, 2021, the amounts provided in this subsection shall lapse.
(15) $13,000 of the general fundstate appropriation for fiscal year 2022 and $13,000 of the general fundstate appropriation for fiscal year 2023 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.
(16) $74,000 of the general fundstate appropriation for fiscal year 2022 and $74,000 of the general fundfederal appropriation are provided solely for the implementation of Engrossed Substitute Senate Bill No. 5229 (health equity continuing ed.). If the bill is not enacted by June 30, 2021, the amounts provided in this subsection shall lapse.
(17) $100,000 of the general fundstate appropriation for fiscal year 2022 is provided solely for a dental therapy task force to examine how to bring the current practice of dental therapy on tribal lands to a statewide scale in Washington to increase access to oral health care.
(a) By December 1, 2021, the dental therapy task force shall submit a report to the fiscal and health care committees of the legislature detailing findings and evidence based recommendations on:
(i) Washington state oral health care workforce racial demographics;
(ii) Barriers to oral health care in underserved communities;
(iii) Inequitable oral health outcomes in underserved communities. For purposes of this task force, underserved communities include any populations living in HRSA dental health professional shortages areas, or populations showing the highest rates of untreated decay in the department's 2016 smile survey;
(iv) The number of oral health providers that accept medicaid and among those providers that do accept medicaid, data regarding what percentage of their patient base are medicaid enrollees;
(v) The impact on underserved communities, when health and oral health workforce demographics reflect the communities served, including an examination of results (both quantitative and qualitative) where dental therapists have been authorized and employed, including on tribal lands in Washington state;
(vi) Safety, productivity, and economic impact to patients, clinics, and providers where dental therapists are currently practicing;
(vii) Current commission on dental accreditation (CODA) standards for dental therapy education programs;
(viii) Scope of practice necessary to maximize effectiveness of dental therapy;
(ix) Practice settings where dental therapy services could increase access to care; and
(x) Optimal supervision levels for dental therapists.
(b) An entity with experience in facilitating and mediating matters of public policy shall provide staff support and facilitation services, with the option of mediation, to the task force. The entity may, when deemed necessary by the task force, contract with one or more appropriate consultants to provide data analysis, research, and other services to the task force for the purposes provided in (a) of this subsection.
(c) Legislative task force members shall include:
(i) Two members from each of the two largest caucuses of the senate, appointed by the president of the senate; and
(ii) Two members from each of the two largest caucuses of the house of representatives, appointed by the speaker of the house of representatives.
(d) The president of the senate and the speaker of the house shall each choose a task force cochair from among the legislative membership majority caucus.
(e) Nonlegislative task force members shall be appointed by task force cochairs and must include:
(i) Four or more representatives from different organizations that represent individuals or underserved communities, including but not limited to: Children, seniors, African American, Latino American, Native American, Pacific Islander American, low income, and rural communities;
(ii) One member of the dental quality assurance commission;
(iii) One member from the University of Washington school of dentistry;
(iv) One member from the Washington state dental association;
(v) One member from the Washington state dental hygienists' association;
(vi) One dental therapist;
(vii) One dentist who has or is currently supervising dental therapists;
(viii) One representative from a dental-only integrated delivery system;
(ix) One representative from an urban Indian health clinic;
(x) One representative from a federally qualified health center or the Washington association for community health;
(xi) One representative from a dental therapy education program;
(xii) One representative from a Washington tribe that currently employs dental therapists;
(xiii) One representative from a labor union representing racially and ethnically diverse care providers that has experience providing dental coverage and promoting dental care access among their members; and
(xiv) One expert who has been involved in the successful implementation of dental therapy through a statewide license.
(f) The task force must seek and facilitate strong public participation from communities facing higher rates of dental disease and barriers to care and input including but not limited to public comment at all meetings.
(g) If the task force requires any in person meetings, legislative members of the task force are reimbursed for travel expenses in accordance with RCW 44.04.120. Nonlegislative members are not entitled to be reimbursed for travel expenses if they are elected officials or are participating on behalf of an employer, governmental entity, or other organization. Any reimbursement for other nonlegislative members is subject to chapter 43.03 RCW.
(18) $492,000 of the general fundstate appropriation for fiscal year 2022 and $492,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for the department to coordinate with local health jurisdictions to establish and maintain comprehensive group B programs to ensure safe drinking water. These funds shall be used to support the costs of the development and adoption of rules, policies, and procedures, and for technical assistance, training, and other program-related costs.
(19) $96,000 of the general fundstate appropriation for fiscal year 2022 and $92,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for community outreach to prepare culturally and linguistically appropriate hepatitis B information in a digital format to be distributed to ethnic and cultural leaders and organizations to share with foreign-born and limited or non-English speaking community networks.
(20) $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 to continue the collaboration between local public health, accountable communities of health, and health care providers to reduce potentially preventable hospitalizations in Pierce county. This collaboration will build from year three planning to align care coordination efforts across health care systems and support the accountable communities of health initiatives, including innovative, collaborative models of care. Strategies include the following, to reduce costly hospitalizations: (a) Analyze heart failure data to identify subpopulations and risk factors and use this data to determine targeted interventions; (b) support provider and clinic implementation of screening, brief intervention, and referral to treatment through immunizations and ensure other areas of the county and state can duplicate the strategies; and (c) provide resources to achieve results and support collaboration across local health care systems and providers.
(21)(a) $200,000 of the general fundstate appropriation for fiscal year 2022 is provided solely for a task force, chaired by the secretary of the department, implemented by August 1, 2021, to assist with the development of a "parks Rx" health and wellness pilot program that can be implemented in the Puget Sound, eastern Washington, and southwest Washington regions of Washington state.
(b) Members of the task force must include:
(i) The secretary of health, or the secretary's designee;
(ii) The following members to be appointed by the secretary of health:
(A) Two representatives of local parks and recreation agencies, from recommendations by the Washington recreation and park association;
(B) Two representatives of health care providers and community health workers, from recommendations by the association of Washington healthcare plans from recommendations by the department community health worker training program;
(C) Two representatives from drug-free health care professions, one representing the interests of state associations representing chiropractors and one representing the interests of physical therapists and athletic trainers from recommendations by their respective state associations;
(D) Two representatives from hospital and health systems, from recommendations by the Washington state hospital association;
(E) Two representatives of local public health agencies, from recommendations by the Washington state association of local public health officials; and
(F) Two representatives representing health carriers, from recommendations from the association of Washington healthcare plans; and
(iii) A representative from the Washington state parks, as designated by the Washington state parks and recreation commission.
(c) The secretary of health or the secretary's designee must chair the task force created in this subsection. Staff support for the task force must be provided by the department of health.
(d) The task force shall establish an ad hoc advisory committee in each of the three pilot regions for purposes of soliciting input on the design and scope of the parks Rx program. Advisory committee membership may not exceed 16 persons and must include diverse representation from the pilot regions, including those experiencing significant health disparities.
(e) The task force must meet at least once bimonthly through June 2022.
(f) The duties of the task force are to advise the department of health on issues including but not limited to developing:
(i) A process to establish the pilot program described in this subsection around the state with a focused emphasis on diverse communities and where systematic inequities and discrimination have negatively affected health outcomes;
(ii) Model agreements that would enable insurers to offer incentives to public, nonprofit, and private employers to create wellness programs that offer employees a discount on health insurance in exchange for a certain usage level of outdoor parks and trails for recreation and physical activity; and
(iii) Recommendations on ways in which a public-private partnership approach may be utilized to fund the implementation of the pilot program described in this subsection.
(g) The members of the task force are encouraged to consider grant funding and outside funding options that can be used toward the pilot program.
(h) The department of health must report findings and recommendations of the task force to the governor and relevant committees of the legislature in compliance with RCW 43.01.036 by September 1, 2022.
(22) $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 work group to make recommendations concerning funding and policy initiatives to address the spread of sexually transmitted infections in Washington.
(a) The work group membership must include, but is not limited to, the following members appointed by the governor:
(i) A representative from the department of health office of infectious disease;
(ii) A representative from the pharmacy quality assurance commission;
(iii) A representative from the Washington medical commission;
(iv) A representative from an organization representing health care providers;
(v) A representative from a local health jurisdiction located east of the crest of the Cascade mountains;
(vi) A representative from a local health jurisdiction located west of the crest of the Cascade mountains;
(vii) At least one representative from an organization working to address health care access barriers for LGBTQ populations;
(viii) At least one representative from an organization working to address health care access barriers for communities of color; and
(ix) At least one representative from an organization working to address health care access barriers for justice involved individuals.
(b) Staff support for the work group shall be provided by the department of health.
(c) The work group shall submit a report to the legislature by December 1, 2022, that includes recommendations to: (i) Eradicate congenital syphilis and hepatitis B by 2030; (ii) control the spread of gonorrhea, syphilis, and chlamydia; (iii) end the need for confirmatory syphilis testing by the public health laboratory; and (d) expand access to PrEP and PEP.
(d) Recommendations provided by the work group must be prioritized based on need and available funding.
(23) $1,745,000 of the general fundstate appropriation for fiscal year 2022, $1,745,000 of the general fundstate appropriation for fiscal year 2023, $754,000 of the general fundfederal appropriation, and $18,117,000 of the general fundfederal appropriation (ARPA) are provided solely for the ongoing operations and maintenance of public health data systems maintained by the department.
(24) $2,325,000 of the general fundstate appropriation for fiscal year 2022 and $2,625,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for the department to implement recommendations of the action alliance for suicide prevention regarding a multiagency suicide prevention system. This work must be coordinated with the office of the superintendent of public instruction and suicide prevention programs at the University of Washington, and include a public suicide prevention campaign.
(25) $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 the fruit and vegetable incentive program.
(26) $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 to implement the recommendations from the community health workers task force to provide statewide leadership, training, and integration of community health workers with insurers, health care providers, and public health systems.
(27) $250,000 of the general fundstate appropriation for fiscal year 2022 is provided solely for one-time grants to family planning clinics that are at risk of imminent closure, did not receive a paycheck protection program loan, and are ineligible for funding through the coronavirus aid, relief, and economic security (CARES) act or the coronavirus response and relief supplemental appropriations act of 2021 (CRRSA).
NEW SECTION.  Sec. 223. FOR THE DEPARTMENT OF CORRECTIONS
(1) ADMINISTRATION AND SUPPORT SERVICES
General FundState Appropriation (FY 2022)
. . . .
$76,475,000
General FundState Appropriation (FY 2023)
. . . .
$79,118,000
General FundFederal Appropriation
. . . .
$400,000
TOTAL APPROPRIATION
. . . .
$155,993,000
The appropriations in this subsection are subject to the following conditions and limitations:
(a) $1,135,000 of the general fundstate appropriation for fiscal year 2022 and $1,731,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for expansion of reentry supports and transition services for incarcerated individuals including development and implementation of a coaching model approach to supervision.
(b) Within the amounts provided in (a) of this subsection, $100,000 of the general fundstate appropriation for fiscal year 2022 is provided solely for the department to develop an implementation plan for a community supervision coaching model to begin in fiscal year 2023. The department must solicit input from incarcerated individuals, family members of incarcerated individuals, experts in supervision and reentry, community stakeholder and advocacy groups, and impacted labor organizations. The plan shall propose appropriate policies and procedures for the coaching model, including ongoing training and organizational culture assessments. During development of the plan, the department must consider potential inequities that may arise from any changes or additional requirements of supervision resulting from the model and mitigate those concerns to the greatest extent possible in its final plan. This plan must be submitted to the office of financial management prior to implementation.
(c) Within the amounts provided in (a) of this subsection, $706,000 of the general fundstate appropriation for fiscal year 2023 is provided solely for implementation of the plan to be developed under (b) of this subsection and for the department to submit an initial report to the legislature on the progress of implementation of the coaching supervision model by no later than February 1, 2023.
(d) $17,000 of the general fundstate appropriation for fiscal year 2022 and $17,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for implementation of Engrossed Second Substitute Senate Bill No. 5304 (providing reentry services to persons releasing from state and local institutions). If this bill is not enacted by June 30, 2021, the amounts provided in this subsection shall lapse.
(e) $197,000 of the general fundstate appropriation for fiscal year 2022 and $187,000 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 this bill is not enacted by June 30, 2021, the amounts provided in this subsection shall lapse.
(f) $6,000 of the general fundstate appropriation for fiscal year 2022 is provided solely for implementation of Senate Bill No. 5054 (impaired driving). If this bill is not enacted by June 30, 2021, the amount provided in this subsection shall lapse.
(2) CORRECTIONAL OPERATIONS
General FundState Appropriation (FY 2022)
. . . .
$603,869,000
General FundState Appropriation (FY 2023)
. . . .
$595,242,000
General FundFederal Appropriation
. . . .
$1,300,000
Washington Auto Theft Prevention Authority Account
State Appropriation
. . . .
$2,939,000
TOTAL APPROPRIATION
. . . .
$1,203,350,000
The appropriations in this subsection are subject to the following conditions and limitations:
(a) The department may contract for local jail beds statewide to the extent that it is at no net cost to the department. The department shall calculate and report the average cost per offender per day, inclusive of all services, on an annual basis for a facility that is representative of average medium or lower offender costs. The department shall not pay a rate greater than $85 per day per offender excluding the costs of department of corrections provided services, including evidence-based substance abuse programming, dedicated department of corrections classification staff on-site for individualized case management, and transportation of offenders to and from department of corrections facilities. The capacity provided at local correctional facilities must be for offenders whom the department of corrections defines as close medium or lower security offenders. Programming provided for offenders held in local jurisdictions is included in the rate, and details regarding the type and amount of programming, and any conditions regarding transferring offenders must be negotiated with the department as part of any contract. Local jurisdictions must provide health care to offenders that meets standards set by the department. The local jail must provide all medical care including unexpected emergent care. The department must utilize a screening process to ensure that offenders with existing extraordinary medical/mental health needs are not transferred to local jail facilities. If extraordinary medical conditions develop for an inmate while at a jail facility, the jail may transfer the offender back to the department, subject to terms of the negotiated agreement. Health care costs incurred prior to transfer are the responsibility of the jail.
(b) $501,000 of the general fundstate appropriation for fiscal year 2022 and $501,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for the department to maintain the facility, property, and assets at the institution formerly known as the maple lane school in Rochester.
(c) Funding in this subsection is sufficient for the department to maintain the prison rape elimination act (PREA) coordinator positions at each of the prison facilities.
(d)(i) $7,152,000 of the general fundstate appropriation for fiscal year 2022 and $9,902,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for the custody staff needed to provide on-site and off-site health care delivery to the residential population.
(ii) Funding in this subsection (d) is sufficient for the department to provide staff support for the operation of the body scanners located within prison facilities.
(e) Funding in this subsection is sufficient for the department to track and report to the legislature on the changes in working conditions and overtime usage as a result of increased funding provided for custody relief and health care delivery by December 1, 2022.
(f) $640,000 of the general fundstate appropriation for fiscal year 2022 is provided solely for the purchase of two body scanners. One scanner is to be deployed at Monroe correctional complex and one is to be deployed at the Washington corrections center for women.
(g) $77,000 of the general fundstate appropriation for fiscal year 2022 and $292,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for implementation of Senate Bill No. 5054 (impaired driving). If this bill is not enacted by June 30, 2021, the amounts provided in this subsection shall lapse.
(3) COMMUNITY SUPERVISION
General FundState Appropriation (FY 2022)
. . . .
$245,957,000
General FundState Appropriation (FY 2023)
. . . .
$285,170,000
TOTAL APPROPRIATION
. . . .
$531,127,000
The appropriations in this subsection are subject to the following conditions and limitations:
(a) The department of corrections shall contract with local and tribal governments for jail capacity to house offenders who violate the terms of their community supervision. A contract rate increase may not exceed five percent each year. The department may negotiate to include medical care of offenders in the contract rate if medical payments conform to the department's offender health plan and pharmacy formulary, and all off-site medical expenses are preapproved by department utilization management staff. If medical care of offender is included in the contract rate, the contract rate may exceed five percent to include the cost of that service.
(b) The department shall engage in ongoing mitigation strategies to reduce the costs associated with community supervision violators, including improvements in data collection and reporting and alternatives to short-term confinement for low-level violators.
(c) $7,394,000 of the general fundstate appropriation for fiscal year 2023 is provided solely for implementation of the plan to be developed under subsection (1)(b) of this section.
(d) Within existing resources the department must update the response to violations and new criminal activity policy to reflect the savings assumed in this section as related to mandatory minimum confinement sanctions.
(e) $327,000 of the general fundstate appropriation for fiscal year 2022 and $327,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for increased costs associated with the relocation of leased facilities. The department shall engage in ongoing strategies to reduce the need for relocating facilities and when necessary contract only with lessors with rates that align with comparable market rates in the area.
(f) $105,000 of the general fundstate appropriation for fiscal year 2023 is provided solely for implementation of Senate Bill No. 5054 (impaired driving). If this bill is not enacted by June 30, 2021, the amount provided in this subsection shall lapse.
(g) $59,000 of the general fundstate appropriation for fiscal year 2022 and $23,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for implementation of Engrossed Second Substitute Senate Bill No. 5071 (civil commitment transition). If this bill is not enacted by June 30, 2021, the amounts provided in this subsection shall lapse.
(4) CORRECTIONAL INDUSTRIES
General FundState Appropriation (FY 2022)
. . . .
$7,324,000
General FundState Appropriation (FY 2023)
. . . .
$7,539,000
TOTAL APPROPRIATION
. . . .
$14,863,000
(5) INTERAGENCY PAYMENTS
General FundState Appropriation (FY 2022)
. . . .
$46,533,000
General FundState Appropriation (FY 2023)
. . . .
$47,059,000
TOTAL APPROPRIATION
. . . .
$93,592,000
(6) OFFENDER CHANGE
General FundState Appropriation (FY 2022)
. . . .
$72,369,000
General FundState Appropriation (FY 2023)
. . . .
$76,219,000
TOTAL APPROPRIATION
. . . .
$148,588,000
The appropriations in this subsection are subject to the following conditions and limitations:
(a) The department of corrections shall use funds appropriated in this subsection (6) for offender programming. The department shall develop and implement a written comprehensive plan for offender programming that prioritizes programs which follow the risk-needs-responsivity model, are evidence-based, and have measurable outcomes. The department is authorized to discontinue ineffective programs and to repurpose underspent funds according to the priorities in the written plan.
(b) $3,106,000 of the general fundstate appropriation for fiscal year 2022 and $3,106,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for the department to provide an increased number of housing vouchers.
(7) HEALTH CARE SERVICES
General FundState Appropriation (FY 2022)
. . . .
$171,721,000
General FundState Appropriation (FY 2023)
. . . .
$170,373,000
General FundFederal Appropriation
. . . .
$1,400,000
TOTAL APPROPRIATION
. . . .
$343,494,000
The appropriations in this subsection are subject to the following conditions and limitations:
(a) The state prison medical facilities may use funds appropriated in this subsection to purchase goods, supplies, and services through hospital or other group purchasing organizations when it is cost effective to do so.
(b) $183,000 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 Senate Bill No. 5304 (providing reentry services to persons releasing from state and local institutions). If the bill is not enacted by June 30, 2021, the amounts provided in this subsection shall lapse.
(c) $58,000 of the general fundstate appropriation for fiscal year 2022 and $222,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for implementation of Senate Bill No. 5054 (impaired driving). If the bill is not enacted by June 30, 2021, the amounts provided in this subsection shall lapse.
NEW SECTION.  Sec. 224. FOR THE DEPARTMENT OF SERVICES FOR THE BLIND
General FundState Appropriation (FY 2022)
. . . .
$3,465,000
General FundState Appropriation (FY 2023)
. . . .
$3,560,000
General FundFederal Appropriation
. . . .
$25,456,000
General FundPrivate/Local Appropriation
. . . .
$60,000
TOTAL APPROPRIATION
. . . .
$32,541,000
The appropriations in this subsection are subject to the following conditions and limitations:
(1) $50,000 of the general fundstate appropriation for fiscal year 2022 is provided solely for the department to consult with a food service architect to determine the feasibility and cost of remodels to select cafes owned by entrepreneurs participating in the business enterprise program, and to prepare a report that includes the results, recommendations, cost, and potential funding sources that could be used to assist with remodels. The report is due to the governor and appropriate legislative committees by November 1, 2021.
(2) $70,000 of the general fundstate appropriation is provided solely for the department to provide individualized training to its blind, visually-impaired, deaf, and hearing-impaired staff in Microsoft 365 programs.
NEW SECTION.  Sec. 225. FOR THE EMPLOYMENT SECURITY DEPARTMENT
General FundState Appropriation (FY 2022)
. . . .
$910,000
General FundState Appropriation (FY 2023)
. . . .
$910,000
General FundFederal Appropriation
. . . .
$384,464,000
General FundPrivate/Local Appropriation
. . . .
$36,211,000
Unemployment Compensation Administration Account
Federal Appropriation
. . . .
$408,986,000
Administrative Contingency AccountState
Appropriation
. . . .
$26,231,000
Employment Service Administrative AccountState
Appropriation
. . . .
$60,746,000
Family and Medical Leave Insurance AccountState
Appropriation
. . . .
$139,190,000
Workforce Education Investment AccountState
Appropriation
. . . .
$6,895,000
Long-Term Services and Supports Trust AccountState
Appropriation
. . . .
$30,458,000
Coronavirus State Fiscal Recovery FundFederal
Appropriation
. . . .
$200,000,000
TOTAL APPROPRIATION
. . . .
$1,295,001,000
The appropriations in this subsection are subject to the following conditions and limitations:
(1) The department is directed to maximize the use of federal funds. The department must update its budget annually to align expenditures with anticipated changes in projected revenues.
(2) $30,458,000 of the long-term services and supports trust accountstate appropriation is provided solely for implementation of the long-term services and support trust program. Of this amount, $10,932,833 is provided for implementation of the long-term services and support trust program information technology project and is subject to the conditions, limitations, and review provided in section 701 of this act.
(3) Within existing resources, the department must reassess its ongoing staffing and funding needs for the paid family medical leave program and submit documentation of the updated need to the governor and appropriate committees of the legislature by September 1, 2021, and annually thereafter.
(4) $101,000 of the employment service administrative accountstate appropriation is provided solely for information technology enhancements necessary for implementation of job title reporting and is subject to the conditions, limitations, and review provided in section 701 of this act.
(5)(a) Within existing resources, the department shall coordinate outreach and education to paid family and medical leave benefit recipients with a statewide family resource, referral, and linkage system that connects families with children prenatal through age five and residing in Washington state to appropriate services and community resources. This coordination shall include but is not limited to placing information about the statewide family resource, referral, and linkage system on the paid family and medical leave program web site and in printed materials, and conducting joint events.
(b) Within existing resources, by December 1, 2021, and each year thereafter, the department shall submit a report to the governor and the appropriate committees of the legislature concerning the ability for the paid family and medical leave program and a statewide family resource, referral, and linkage system to provide integrated services to eligible beneficiaries. The report shall include an analysis of any statutory changes needed to allow information and data to be shared between the statewide family resource, referral, and linkage system and the paid family and medical leave program.
(6) Within existing resources, the department shall report the following to the legislature and the governor by September 30, 2021, and each year thereafter:
(a) An inventory of the department's programs, services, and activities, identifying federal, state, and other funding sources for each;
(b) Federal grants received by the department, segregated by line of business or activity, for the most recent five fiscal years, and the applicable rules;
(c) State funding available to the department, segregated by line of business or activity, for the most recent five fiscal years;
(d) A history of staffing levels by line of business or activity, identifying sources of state or federal funding, for the most recent five fiscal years;
(e) A projected spending plan for the employment services administrative account and the administrative contingency account. The spending plan must include forecasted revenues and estimated expenditures under various economic scenarios.
(7) $3,264,000 of the employment services administrative accountstate appropriation is provided solely for the continuation of the office of agricultural and seasonal workforce services.
(8) $476,000 of the unemployment compensation administration accountfederal appropriation is provided for the department to implement chapter 2, Laws of 2021 (unemployment insurance). If the department does not receive adequate funding from the United States department of labor to cover these costs, the department may use funding made available to the state through section 903 (d), (f), and (g) of the social security act (Reed act) in an amount not to exceed the amount provided in this subsection (8).
(9) $875,000 of the general fundstate appropriation for fiscal year 2022, $875,000 of the general fundstate appropriation for fiscal year 2023, and $6,885,000 of the workforce education investment accountstate appropriation are provided solely for career connected learning grants as provided in RCW 28C.30.050.
(10) $1,222,000 of the employment services administrative accountstate appropriation and $1,500,000 of the family and medical leave insurance accountstate appropriation is provided solely for the maintenance and operation of the disaster recovery continuity of operations information technology project.
(11) $80,000 of the employment services administrative accountstate appropriation is provided solely for the department to produce a report on the feasibility of replicating the existing unemployment insurance program to serve individuals not eligible for unemployment insurance due to immigration status. The study shall identify programmatic differences that would mitigate barriers to access and reduce fear of participation and identify the operational and caseload costs associated with the replication. If using a replica of the unemployment insurance program conflicts with federal law, the study shall assess the operational and caseload costs of similar social net programs that serve individuals regardless of their citizenship status. The department shall:
(a) Work with the departments of labor and industries, social and health services, and commerce and the office of the governor;
(b) Convene and meet at least three times with a group of eight to ten external stakeholders comprised of representatives from geographically diverse immigrant advocacy groups, labor organizations with a state-wide presence, workers' rights groups, and legal and policy advocacy groups focused on immigration and employment law; and
(c) Hold at least one listening session with community members.
(12) $32,979,000 of the general fundfederal appropriation (ARPA) and $2,683,000 of the general fundfederal appropriation (CRF) are provided solely for the department to address the impacts of COVID-19 on the state unemployment system in order to prevent and detect fraud, promote equitable access to the unemployment insurance system, and ensure the timely payment of unemployment insurance benefits. Of the amounts provided in this subsection:
(a) $22,346,000 of the general fundfederal appropriation (ARPA) is provided solely for the department to address an anticipated increase in the unemployment insurance appeals caseload.
(b) $5,768,000 of the general fundfederal appropriation (ARPA) is provided solely for the department to ensure adequate security measures are in place to prevent unemployment insurance fraud.
(c) $4,465,000 of the general fundfederal appropriation (ARPA) is provided solely for the department to migrate and upgrade the unemployment insurance customer call center phone system to a cloud-based system. Prior to executing a contract, the department shall consult with the office of the chief information officer. The department must ensure that the project plan, timeline with quantifiable deliverables, and budget by fiscal year by fund, to include ongoing costs by fiscal year, are adhered to. The department shall report on the status of the project to the office of financial management and the relevant committees of the legislature by December 1, 2021.
(d) $400,000 of the general fundfederal appropriation (ARPA) is provided solely for translation of documents and letters and other improvements to ensure customer ease-of-access.
(e) $1,417,000 of the general fundfederal appropriation (CRF) is provided solely for the department to contract with the national guard to assist the department with its unemployment insurance claims backlog.
(f) $1,267,000 of the general fundfederal appropriation (CRF) is provided solely for the department to contract with a vendor to provide fact-finding services related to unemployment insurance claims.
(13) $10,000,000 of the unemployment compensation administration accountfederal appropriation is provided solely for the department to make information technology improvements to improve user experience and increase security to prevent unemployment insurance fraud. If the department does not receive adequate funding from the United States department of labor to cover these costs, the department may use funding made available to the state through section 903 (d), (f), and (g) of the social security act (Reed act) in an amount not to exceed the amount provided in this subsection. This subsection is subject to the conditions, limitations, and review provided in section 701 of this act.
(14) Within existing resources, the department shall report to the legislature by September 2, 2021, the following information pertaining to the unemployment insurance program:
(a) The number of full time equivalent employees of the department who were working in the unemployment insurance program, including those who were reassigned internally to the unemployment insurance program, the number of full time equivalent employees that were contracted by the department from other state agencies, and the number of contractors or consultants engaged by the department, on a monthly basis beginning March 1, 2020, through the latest available month;
(b) A projection of full-time equivalent staffing or contractor needs that would be affordable within anticipated base and above-base federal unemployment administrative revenues;
(c) A spending plan for anticipated federal unemployment revenues other than base or above-base revenues, including any proposed additional full-time equivalent staff, consultants, contractors, or other investments related to helping the department reduce the backlog of unemployment insurance claims, appeals, denials, overpayments, and other claimant issues; and
(d) A budget for the unemployment insurance program, showing expenditures by object and fund source, for fiscal years 2022 and 2023, along with any projected shortfalls in revenues.
(15) $656,000 of the family medical leave insurance accountstate appropriation is provided solely for the 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.
(16) $90,000 of the unemployment accountfederal appropriation is provided solely for the implementation of Engrossed Substitute Senate Bill No. 5190 (health care workers/benefits). If the bill is not enacted by June 30, 2021, the amount provided in this subsection shall lapse.
(17) $7,939,000 of the unemployment accountfederal appropriation is provided solely for the department to implement Engrossed Substitute Senate Bill No. 5193 (unemployment ins. system). If the bill is not enacted by July 1, 2021, the amount provided in this subsection shall lapse.
(18) $200,000,000 of the coronavirus state fiscal recovery accountfederal appropriation is provided solely for the implementation of Engrossed Second Substitute House Bill No. 1073 (paid leave coverage). Of the amount provided in this subsection, at least 95 percent is provided solely for grants and assistance awarded by the department pursuant to the bill. If the bill is not enacted by June 30, 2021, the amount provided in this subsection shall lapse.
NEW SECTION.  Sec. 226. FOR THE DEPARTMENT OF CHILDREN, YOUTH, AND FAMILIESGENERAL
(1) The appropriations to the department of children, youth, and families 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 children, youth, and families shall initially be allotted as required by this act. The department shall seek approval from the office of financial management prior to transferring moneys between sections of this act except as expressly provided in this act. Allotment modifications shall not permit moneys that are provided solely for a specified purpose to be used for other than that purpose.
(2) 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 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.
(3) 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 are subject to technical oversight by the office of the chief information officer.
NEW SECTION.  Sec. 227. FOR THE DEPARTMENT OF CHILDREN, YOUTH, AND FAMILIESCHILDREN AND FAMILIES SERVICES PROGRAM
General FundState Appropriation (FY 2022)
. . . .
$389,194,000
General FundState Appropriation (FY 2023)
. . . .
$402,172,000
General FundFederal Appropriation
. . . .
$475,503,000
General FundPrivate/Local Appropriation
. . . .
$2,824,000
TOTAL APPROPRIATION
. . . .
$1,269,693,000
The appropriations in this section are subject to the following conditions and limitations:
(1) $748,000 of the general fundstate appropriation for fiscal year 2022 and $748,000 of the general fund—state appropriation for fiscal year 2023 are provided solely to contract for the operation of one pediatric interim care center. The center shall provide residential care for up to thirteen children through two years of age. Seventy-five percent of the children served by the center must be in need of special care as a result of substance abuse by their mothers. The center shall also provide on-site training to biological, adoptive, or foster parents. The center shall provide at least three months of consultation and support to the parents accepting placement of children from the center. The center may recruit new and current foster and adoptive parents for infants served by the center. The department shall not require case management as a condition of the contract.
(2) $453,000 of the general fundstate appropriation for fiscal year 2022 and $453,000 of the general fund—state appropriation for fiscal year 2023 are provided solely for the costs of hub home foster families that provide a foster care delivery model that includes a hub home. Use of the hub home model is intended to support foster parent retention, improve child outcomes, and encourage the least restrictive community placements for children in out-of-home care.
(3) $579,000 of the general fundstate appropriation for fiscal year 2022 and $579,000 of the general fund—state appropriation for fiscal year 2023 and $110,000 of the general fund—federal appropriation are provided solely for a receiving care center east of the Cascade mountains.
(4) $1,245,000 of the general fundstate appropriation for fiscal year 2022 and $1,245,000 of the general fund—state appropriation for fiscal year 2023 are provided solely for services provided through children's advocacy centers.
(5) In fiscal year 2022 and in fiscal year 2023, the department shall provide a tracking report for social service specialists and corresponding social services support staff to the office of financial management, and the appropriate policy and fiscal committees of the legislature. The report shall detail progress toward meeting the targeted 1:18 caseload ratio standard for child and family welfare services caseload-carrying staff and targeted 1:8 caseload ratio standard for child protection services caseload carrying staff. To the extent to which the information is available, the report shall include the following information identified separately for social service specialists doing case management work, supervisory work, and administrative support staff, and identified separately by job duty or program, including but not limited to intake, child protective services investigations, child protective services family assessment response, and child and family welfare services:
(a) Total full time equivalent employee authority, allotments and expenditures by region, office, classification and band, and job duty or program;
(b) Vacancy rates by region, office, and classification and band; and
(c) Average length of employment with the department, and when applicable, the date of exit for staff exiting employment with the department by region, office, classification and band, and job duty or program.
(6) $94,000 of the general fundstate appropriation for fiscal year 2022 and $94,000 of the general fund—state appropriation for fiscal year 2023 are provided solely for a contract with a child advocacy center in Spokane to provide continuum of care services for children who have experienced abuse or neglect and their families.
(7)(a) $539,000 of the general fundstate appropriation for fiscal year 2022, $540,000 of the general fundstate appropriation for fiscal year 2023, $656,000 of the general fund private/local appropriation, and $252,000 of the general fundfederal appropriation are provided solely for a contract with an educational advocacy provider with expertise in foster care educational outreach. The amounts in this subsection are provided solely for contracted education coordinators to assist foster children in succeeding in K-12 and higher education systems and to assure a focus on education during the department's transition to performance-based contracts. Funding must be prioritized to regions with high numbers of foster care youth, or regions where backlogs of youth that have formerly requested educational outreach services exist. The department is encouraged to use private matching funds to maintain educational advocacy services.
(b) The department shall contract with the office of the superintendent of public instruction, which in turn shall contract with a nongovernmental entity or entities to provide educational advocacy services pursuant to RCW 28A.300.590.
(8) $375,000 of the general fundstate appropriation for fiscal year 2022, $375,000 of the general fundstate appropriation for fiscal year 2023, and $112,000 of the general fundfederal appropriation are provided solely for the department to develop, implement, and expand strategies to improve the capacity, reliability, and effectiveness of contracted visitation services for children in temporary out-of-home care and their parents and siblings. Strategies may include, but are not limited to, increasing mileage reimbursement for providers, offering transportation-only contract options, and mechanisms to reduce the level of parent-child supervision when doing so is in the best interest of the child. The department shall report to the office of financial management and the relevant fiscal and policy committees of the legislature regarding these strategies by November 1, 2022. The report shall include the number and percentage of parents requiring supervised visitation and the number and percentage of parents with unsupervised visitation, prior to reunification.
(9) For purposes of meeting the state's maintenance of effort for the state supplemental payment program, the department of children, youth, and families shall track and report to the department of social and health services the monthly state supplemental payment amounts attributable to foster care children who meet eligibility requirements specified in the state supplemental payment state plan. Such expenditures must equal at least $3,100,000 annually and may not be claimed toward any other federal maintenance of effort requirement. Annual state supplemental payment expenditure targets must continue to be established by the department of social and health services. Attributable amounts must be communicated by the department of children, youth, and families to the department of social and health services on a monthly basis.
(10) $2,230,000 of the general fundstate appropriation for fiscal year 2022, $2,230,000 of the general fundstate appropriation for fiscal year 2023, and $156,000 of the general fundfederal appropriation are provided solely to increase the travel reimbursement for in-home service providers.
(11) $197,000 of the general fundstate appropriation for fiscal year 2022 and $197,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for the department to conduct biennial inspections and certifications of facilities, both overnight and day shelters, that serve those who are under 18 years old and are homeless.
(12) $6,195,000 of the general fundstate appropriation for fiscal year 2022, $6,195,000 of the general fundstate appropriation for fiscal year 2023, and $1,188,000 of the general fundfederal appropriation are provided solely for the department to operate emergent placement and enhanced emergent placement contracts.
(a) The department shall not include the costs to operate emergent placement contracts in the calculations for family foster home maintenance payments and shall submit as part of the budget submittal documentation required by RCW 43.88.030 any costs associated with increases in the number of emergent placement contract beds after the effective date of this section that cannot be sustained within existing appropriations.
(b) Beginning October 1, 2021, and every quarter thereafter, the department shall publish on its website the rates or fees paid for emergent placement contracts, the number of beds retained, and the number of beds purchased. If the department determines that there is a need to increase the rates or fees paid or the number of beds retained or purchased under this subsection, the secretary shall request authorization from the office of financial management and notify the fiscal committees of the legislature.
(13)(a) The department shall modify the behavioral rehabilitation services rate structure to one that is based on placement setting rather than acuity level pursuant to the rate study submitted in December 2018.
(b) Beginning January 1, 2022, and continuing through the 2021-2023 fiscal biennium, the department must provide semi-annual reports to the governor and appropriate legislative committees that includes the number of in-state behavioral rehabilitation services providers and licensed beds, the number of out-of-state behavioral rehabilitation services placements, and a comparison of these numbers to the same metrics expressed as an average over the prior six months. The report shall identify separately beds with the enhanced behavioral rehabilitation services rate. Effective January 1, 2022, and to the extent the information is available, the report will include the same information for emergency placement services beds and enhanced emergency placement services beds.
(14) $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 implementing the supportive visitation model that utilizes trained visit navigators to provide a structured and positive visitation experience for children and their parents.
(15) The department of children, youth, and families shall enter into interagency agreements with the office of public defense and office of civil legal aid to facilitate the use of federal Title IV-E reimbursement for parent representation and child representation services.
(16) $600,000 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 a contract with a national nonprofit organization to, in partnership with private matching funds, subcontract with a community organization for specialized, enhanced adoption placement services for legally free children in state custody. The contract must supplement, but not supplant, the work of the department to secure permanent adoptive homes for children with high needs.
(17) The department of children, youth, and families shall make foster care maintenance payments to programs where children are placed with a parent in a residential program for substance abuse treatment. These maintenance payments are considered foster care maintenance payments for purposes of forecasting and budgeting at maintenance level as required by RCW 43.88.058.
(18) $2,000,000 of the general fundstate appropriation for fiscal year 2022 and $2,000,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for the department to contract with one or more nonprofit, nongovernmental organizations to purchase and deliver concrete goods to low-income families.
(19) $387,000 of the general fundstate appropriation for fiscal year 2022, $393,000 of the general fundstate appropriation for fiscal year 2023, and $93,000 of the general fundfederal appropriation are provided solely to increase all fees paid to child placing agencies by 7.5 percent, effective July 1, 2021.
(20) $451,000 of the general fundstate appropriation for fiscal year 2022 and $662,000 of the general fundstate appropriation for fiscal year 2023 are provided solely to contract with a community organization with expertise in the LifeSet case management model to serve youth and young adults currently being served or exiting the foster care, juvenile justice, and mental health systems to successfully transition into self-reliant adults.
(21) $499,000 of the general fundstate appropriation for fiscal year 2022, $499,000 of the general fundstate appropriation for fiscal year 2023, and $310,000 of the general fundfederal appropriation are provided solely for the department to expand the family connections program in two additional areas of the state, one west of the crest of the Cascade mountains and one east of the crest of the Cascade mountains. The program shall follow the model established in chapter 33, Laws of 2020. The department shall contract with a community-based organization with experience working with the foster care population and experience administering the family connections program.
(22) If the department receives an allocation of federal funding through an unanticipated receipt, the department shall not expend more than what was approved or for another purpose than what was approved by the governor through the unanticipated receipt process pursuant to RCW 43.79.280.
(23) The department is authorized to use the amounts provided in this section for services and maintenance payments to former dependent youth as authorized and directed in the supporting foster youth and families through the pandemic act, P.L. 116-260, division X.
NEW SECTION.  Sec. 228. FOR THE DEPARTMENT OF CHILDREN, YOUTH, AND FAMILIESJUVENILE REHABILITATION PROGRAM
General FundState Appropriation (FY 2022)
. . . .
$126,927,000
General FundState Appropriation (FY 2023)
. . . .
$129,555,000
General FundFederal Appropriation
. . . .
$3,464,000
General FundPrivate/Local Appropriation
. . . .
$1,787,000
Washington Auto Theft Prevention Authority Account
State Appropriation
. . . .
$196,000
TOTAL APPROPRIATION
. . . .
$261,929,000
The appropriations in this section are subject to the following conditions and limitations:
(1) $331,000 of the general fundstate appropriation for fiscal year 2022 and $331,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for deposit in the county criminal justice assistance account for costs to the criminal justice system associated with the implementation of chapter 338, Laws of 1997 (juvenile code revisions). The amounts provided in this subsection are intended to provide funding for county adult court costs associated with the implementation of chapter 338, Laws of 1997 and shall be distributed in accordance with RCW 82.14.310.
(2) $2,841,000 of the general fundstate appropriation for fiscal year 2022 and $2,841,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for grants to county juvenile courts for the juvenile justice programs identified by the Washington state institute for public policy in its report: "Inventory of Evidence-based, Research-based, and Promising Practices for Prevention and Intervention Services for Children and Juveniles in the Child Welfare, Juvenile Justice, and Mental Health Systems." Additional funding for this purpose is provided through an interagency agreement with the health care authority. County juvenile courts shall apply to the department of children, youth, and families for funding for program-specific participation and the department shall provide grants to the courts consistent with the per-participant treatment costs identified by the institute.
(3) $1,537,000 of the general fundstate appropriation for fiscal year 2022 and $1,537,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for expansion of the juvenile justice treatments and therapies in department of children, youth, and families programs identified by the Washington state institute for public policy in its report: "Inventory of Evidence-based, Research-based, and Promising Practices for Prevention and Intervention Services for Children and Juveniles in the Child Welfare, Juvenile Justice, and Mental Health Systems." The department may concentrate delivery of these treatments and therapies at a limited number of programs to deliver the treatments in a cost-effective manner.
(4)(a) $6,198,000 of the general fundstate appropriation for fiscal year 2022 and $6,198,000 of the general fundstate appropriation for fiscal year 2023 are provided solely to implement evidence- and research-based programs through community juvenile accountability grants, administration of the grants, and evaluations of programs funded by the grants. In addition to funding provided in this subsection, funding to implement alcohol and substance abuse treatment programs for locally committed offenders is provided through an interagency agreement with the health care authority.
(b) The department of children, youth, and families shall administer a block grant to county juvenile courts for the purpose of serving youth as defined in RCW 13.40.510(4)(a) in the county juvenile justice system. Funds dedicated to the block grant include: Consolidated juvenile service (CJS) funds, community juvenile accountability act (CJAA) grants, chemical dependency/mental health disposition alternative (CDDA), and suspended disposition alternative (SDA). The department of children, youth, and families shall follow the following formula and must prioritize evidence-based programs and disposition alternatives and take into account juvenile courts program-eligible youth in conjunction with the number of youth served in each approved evidence-based program or disposition alternative: (i) Thirty-seven and one-half percent for the at-risk population of youth ten to seventeen years old; (ii) fifteen percent for the assessment of low, moderate, and high-risk youth; (iii) twenty-five percent for evidence-based program participation; (iv) seventeen and one-half percent for minority populations; (v) three percent for the chemical dependency and mental health disposition alternative; and (vi) two percent for the suspended dispositional alternatives. Funding for the special sex offender disposition alternative (SSODA) shall not be included in the block grant, but allocated on the average daily population in juvenile courts. Funding for the evidence-based expansion grants shall be excluded from the block grant formula. Funds may be used for promising practices when approved by the department of children, youth, and families and juvenile courts, through the community juvenile accountability act committee, based on the criteria established in consultation with Washington state institute for public policy and the juvenile courts.
(c) The department of children, youth, and families and the juvenile courts shall establish a block grant funding formula oversight committee with equal representation from the department of children, youth, and families and the juvenile courts. The purpose of this committee is to assess the ongoing implementation of the block grant funding formula, utilizing data-driven decision making and the most current available information. The committee will be co-chaired by the department of children, youth, and families and the juvenile courts, who will also have the ability to change members of the committee as needed to achieve its purpose. The committee may make changes to the formula categories in (d)(ii) of this subsection if it determines the changes will increase statewide service delivery or effectiveness of evidence-based program or disposition alternative resulting in increased cost/benefit savings to the state, including long-term cost/benefit savings. The committee must also consider these outcomes in determining when evidence-based expansion or special sex offender disposition alternative funds should be included in the block grant or left separate.
(d) The juvenile courts and administrative office of the courts must collect and distribute information and provide access to the data systems to the department of children, youth, and families and the Washington state institute for public policy related to program and outcome data. The department of children, youth, and families and the juvenile courts must work collaboratively to develop program outcomes that reinforce the greatest cost/benefit to the state in the implementation of evidence-based practices and disposition alternatives.
(5) $1,352,000 of the general fundstate appropriation for fiscal year 2022 and $1,352,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for funding of the teamchild project.
(6) $283,000 of the general fundstate appropriation for fiscal year 2022 and $283,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for the juvenile detention alternatives initiative.
(7) $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 a grant program focused on criminal street gang prevention and intervention. The department of children, youth, and families may award grants under this subsection. The department of children, youth, and families shall give priority to applicants who have demonstrated the greatest problems with criminal street gangs. Applicants composed of, at a minimum, one or more local governmental entities and one or more nonprofit, nongovernmental organizations that have a documented history of creating and administering effective criminal street gang prevention and intervention programs may apply for funding under this subsection. Each entity receiving funds must report to the department of children, youth, and families on the number and types of youth served, the services provided, and the impact of those services on the youth and the community.
(8) The juvenile rehabilitation institutions may use funding appropriated in this subsection to purchase goods, supplies, and services through hospital group purchasing organizations when it is cost-effective to do so.
(9) $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 grants to county juvenile courts to establish alternative detention facilities similar to the proctor house model in Jefferson county, Washington, that will provide less restrictive confinement alternatives to youth in their local communities. County juvenile courts shall apply to the department of children, youth, and families for funding and each entity receiving funds must report to the department on the number and types of youth serviced, the services provided, and the impact of those services on the youth and the community.
(10) $432,000 of the general fundstate appropriation for fiscal year 2022 and $432,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for the department to provide housing services to clients releasing from incarceration into the community.
(11) $3,220,000 of the general fundstate appropriation for fiscal year 2022 and $3,330,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for a community transition services program and expanding community-based, less restrictive alternatives to total confinement through the use of electronic home monitoring as established in Engrossed Second Substitute House Bill No. 1186 (concerning juvenile rehabilitation). If the bill is not enacted by June 30, 2021, the amounts provided is this subsection shall lapse.
(12) $2,387,000 of the general fundstate appropriation for fiscal year 2022 and $2,266,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for increased staffing for community facilities.
(13) Within existing resources, the department shall evaluate the Martin hall juvenile detention facility located in Medical Lake as an option for increased capacity needs for the juvenile rehabilitation program.
(14) Sufficient funding is provided within this section for implementation of Engrossed Second Substitute Senate Bill No. 5304 (reentry services/state and local institutions).
NEW SECTION.  Sec. 229. FOR THE DEPARTMENT OF CHILDREN, YOUTH, AND FAMILIESEARLY LEARNING PROGRAM
General FundState Appropriation (FY 2022)
. . . .
$304,859,000
General FundState Appropriation (FY 2023)
. . . .
$383,631,000
General FundFederal Appropriation
. . . .
$1,051,673,000
General FundPrivate/Local Appropriation
. . . .
$86,000
Education Legacy Trust AccountState Appropriation
. . . .
$28,127,000
Home Visiting Services AccountState Appropriation
. . . .
$21,438,000
Home Visiting Services AccountFederal Appropriation
. . . .
$29,776,000
Washington Opportunity Pathways AccountState
Appropriation
. . . .
$80,000,000
Workforce Education Investment AccountState
Appropriation
. . . .
$8,482,000
Coronavirus State Fiscal Recovery FundFederal
Appropriation
. . . .
$414,000
TOTAL APPROPRIATION
. . . .
$1,908,486,000
The appropriations in this section are subject to the following conditions and limitations:
(1)(a) $89,925,000 of the general fundstate appropriation for fiscal year 2022, $77,622,000 of the general fundstate appropriation for fiscal year 2023, $24,070,000 of the education legacy trust accountstate appropriation, $80,000,000 of the opportunity pathways account appropriation, and $25,000,000 of the general fundfederal appropriation (CRRSA-GEER) are provided solely for the early childhood education and assistance program. These amounts shall support at least 15,162 slots in fiscal year 2022 and 15,562 slots in fiscal year 2023. Of the total slots in each fiscal year, 100 slots must be reserved for foster children to receive school-year-round enrollment.
(b) Of the amounts provided in this subsection, $16,014,000 of the general fundstate appropriation for fiscal year 2023 and $13,805,000 of the general fundfederal appropriation (CRRSA-GEER) are for a slot rate increase of ten percent beginning July 1, 2021. The funding provided in this subsection is sufficient for the department to increase rates according to inflation, pursuant to Engrossed Second Substitute Senate Bill No. 5237 (child care & early dev. exp.), beginning in fiscal year 2023 and annually thereafter.
(c) The department of children, youth, and families must develop a methodology to identify, at the school district level, the geographic locations of where early childhood education and assistance program slots are needed to meet the entitlement specified in RCW 43.216.556. This methodology must be linked to the caseload forecast produced by the caseload forecast council and must include estimates of the number of slots needed at each school district and the corresponding facility needs required to meet the entitlement in accordance with RCW 43.216.556. This methodology must be included as part of the budget submittal documentation required by RCW 43.88.030.
(2) $200,000 of the general fundstate appropriation for fiscal year 2022 and $200,000 of the general fundstate appropriation for fiscal year 2023 are provided solely to develop and provide culturally relevant supports for parents, family, and other caregivers.
(3) The department is the lead agency for and recipient of the federal child care and development fund grant. Amounts within this grant shall be used to fund child care licensing, quality initiatives, agency administration, and other costs associated with child care subsidies.
(4) $8,482,000 of the workforce education investment accountstate appropriation is provided solely for eliminating the work requirement under the working connections child care program for single parents who are pursuing a vocational education full-time at a community, technical, or tribal college as provided in RCW 43.216.136.
(5) The legislature recognizes that the federal government has provided substantial additional funding through the coronavirus response and relief supplemental appropriations act, P.L. 116-260, division M. and the American rescue plan act of 2021, P.L. 117-2. The purpose of the additional federal funding is to ensure access to affordable child care and to stabilize and support child care providers from the effects of the COVID-19 pandemic. The legislature intends with the passage of Engrossed Second Substitute Senate Bill No. 5237 (child care & early dev. exp.) to implement these federal purposes by expanding eligibility for subsidized child care, reducing parent copayments, increasing provider base rates to recognize increased costs, and providing other financial support to stabilize the child care sector to remain open or to reopen. The legislature finds that the state lacked the fiscal capacity to make these investments and the additional federal funding has provided the opportunity to supplement state funding to expand and accelerate child care access, affordability, and provider support as the state navigates the COVID-19 pandemic and its aftermath.
(6) $23,930,000 of the general fundstate appropriation in fiscal year 2022, $54,698,000 of the general fundstate appropriation in fiscal year 2023, $283,375,000 of the general fundfederal appropriation, $58,657,000 of the general fundfederal appropriation (CARES), $66,300,000 of the general fundfederal appropriation (CRRSA), and $97,874,000 of the general fundfederal appropriation (ARPA) are provided solely for the working connections child care program under RCW 43.216.135. Of the amounts provided in this subsection:
(a) The department of children, youth, and families shall work in collaboration with the department of social and health services 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. Effective December 1, 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.
(b) $6,390,000 is for the compensation components of the 2021-2023 collective bargaining agreement covering family child care providers as provided in section 946 of this act. Of the amounts provided in this subsection:
(i) $4,410,000 is for a 35 cent per hour per child rate increase for family, friends, and neighbor providers (FFNs) beginning July 1, 2022;
(ii) $854,000 is to increase the rate paid to providers who reach level 3.5 of the state's early achievers quality rating system by two percent beginning July 1, 2021; and
(iii) $1,126,000 is to increase the nonstandard hour care rate by $10.00 per child per month beginning July 1, 2021.
(c) $58,657,000 of the general fundfederal appropriation (CARES), $66,300,000 of the general fundfederal appropriation (CRRSA), and $97,874,000 of the general fundfederal appropriation (ARPA) are provided solely for enhancements to the working child care connections program, pursuant to Engrossed Second Substitute Senate Bill No. 5237 (child care & early dev. exp.). Of the amounts provided in this subsection:
(i) $27,523,000 of the general fundfederal appropriation (CARES), $11,350,000 of the general fundfederal appropriation (CRRSA), and $34,049,000 of the general fundfederal appropriation (ARPA) are provided solely for the implementation of reduced household child care monthly copayments.
(ii) $31,134,000 of the general fundfederal appropriation (CARES), $40,195,000 of the general fundfederal appropriation (CRRSA), and $45,476,000 of the general fundfederal appropriation (ARPA) are provided solely to increase subsidy base rates to the 85th percentile of market for child care providers. The state and the representative for family child care providers must enter into bargaining over the implementation of subsidy rate increases, and apply those increases consistent with the terms of this proviso and the agreement reached between the parties.
(iii) $4,580,000 of the general fundfederal appropriation (CRRSA) and $5,660,000 of the general fundfederal appropriation (ARPA) are provided solely to waive work requirements for student parents utilizing the working connections child care program.
(iv) $10,175,000 of the general fundfederal appropriation (CRRSA) and $12,690,000 of the general fundfederal appropriation (ARPA) are provided solely to expand eligibility for the working connections child care program to households at or below 60 percent of state median income.
(d) In order to not exceed the appropriated amount, the department shall manage the program so that the average monthly caseload does not exceed 33,000 households and the department shall give prioritized access into the program according to the following order:
(i) Families applying for or receiving temporary assistance for needy families (TANF);
(ii) TANF families curing sanction;
(iii) Foster children;
(iv) Families that include a child with special needs;
(v) Families in which a parent of a child in care is a minor who is not living with a parent or guardian and who is a full-time student in a high school that has a school-sponsored on-site child care center;
(vi) Families with a child residing with a biological parent or guardian who have received child protective services, child welfare services, or a family assessment response from the department in the past six months, and have received a referral for child care as part of the family's case management;
(vii) Families that received subsidies within the last thirty days and:
(A) Have reapplied for subsidies; and
(B) Have household income of two hundred percent of the federal poverty level or below; and
(viii) All other eligible families.
(e) On July 1, 2021, and July 1, 2022, the department, in collaboration with the department of social and health services, must report to the governor and the appropriate fiscal and policy committees of the legislature on the status of overpayments in the working connections child care program. The report must include the following information for the previous fiscal year:
(i) A summary of the number of overpayments that occurred;
(ii) The reason for each overpayment;
(iii) The total cost of overpayments;
(iv) A comparison to overpayments that occurred in the past two preceding fiscal years; and
(v) Any planned modifications to internal processes that will take place in the coming fiscal year to further reduce the occurrence of overpayments.
(7) Within available amounts, the department in consultation with the office of financial management shall report enrollments and active caseload for the working connections child care program to the governor and the legislative fiscal committees and the legislative-executive WorkFirst poverty reduction oversight task force on an agreed upon schedule. The report shall also identify the number of cases participating in both temporary assistance for needy families and working connections child care. The department must also report on the number of children served through contracted slots.
(8) $623,000 of the general fundstate appropriation for fiscal year 2022, $935,000 of the general fundstate appropriation for fiscal year 2023, and $6,701,000 of the general fundfederal appropriation are provided solely for the seasonal child care program. If federal sequestration cuts are realized, cuts to the seasonal child care program must be proportional to other federal reductions made within the department.
(9) $871,000 of the general fundstate appropriation for fiscal year 2022 and $871,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for the department of children, youth, and families to contract with a countywide nonprofit organization with early childhood expertise in Pierce county for a pilot project to prevent child abuse and neglect using nationally recognized models.
(a) The nonprofit organization must continue to implement a countywide resource and referral linkage system for families of children who are prenatal through age five.
(b) The nonprofit organization must offer a voluntary brief newborn home visiting program. The program must meet the diverse needs of Pierce county residents and, therefore, it must be flexible, culturally appropriate, and culturally responsive. The department, in collaboration with the nonprofit organization, must examine the feasibility of leveraging federal and other fund sources, including federal Title IV-E and medicaid funds, for home visiting provided through the pilot. The department must report its findings to the governor and appropriate legislative committees by September 1, 2022.
(10)(a) $6,963,000 of the general fundstate appropriation for fiscal year 2022 and $9,446,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for the early childhood intervention prevention services (ECLIPSE) program. The department shall contract for ECLIPSE services to provide therapeutic child care and other specialized treatment services to abused, neglected, at-risk, and/or drug-affected children. The department shall pursue opportunities to leverage other funding to continue and expand ECLIPSE services. Priority for services shall be given to children referred from the department.
(b) Of the amounts provided in this subsection (10), $2,310,000 of the general fundstate appropriation for fiscal year 2022 and $4,783,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for the expansion of ECLIPSE services, pursuant to 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 (10)(b) shall lapse.
(11) The department shall place a ten percent administrative overhead cap on any contract entered into with the University of Washington. In a bi-annual report to the governor and the legislature, the department shall report the total amount of funds spent on the quality rating and improvements system and the total amount of funds spent on degree incentives, scholarships, and tuition reimbursements.
(12) $1,728,000 of the general fundstate appropriation for fiscal year 2022 and $1,728,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for reducing barriers for low-income providers to participate in the early achievers program.
(13) $200,000 of the general fundstate appropriation for fiscal year 2022 and $200,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for a contract with a nonprofit entity experienced in the provision of promoting early literacy for children through pediatric office visits.
(14) $4,000,000 of the education legacy trust accountstate appropriation is provided solely for early intervention assessment and services.
(15) $150,000 of the general fund—state appropriation for fiscal year 2022 and $250,000 of the general fund—state appropriation for fiscal year 2023 are provided solely for contracting additional facilitated play groups offered statewide to family, friend, and neighbor child care providers.
(16) The department shall work with state and local law enforcement, federally recognized tribal governments, and tribal law enforcement to develop a process for expediting fingerprinting and data collection necessary to conduct background checks for tribal early learning and child care providers.
(17) $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 implementation of chapter 202, Laws of 2017 (children's mental health).
(18) Within existing resources, the department shall implement chapter 409, Laws of 2019 (early learning access).
(19) $773,000 of the general fundstate appropriation for fiscal year 2022 and $773,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for implementation of chapter 360, Laws of 2019 (children's mental health).
(20) $6,573,000 of the general fundstate appropriation for fiscal year 2022, $7,661,000 of the general fundstate appropriation for fiscal year 2023, and $6,083,000 of the general fundfederal appropriation (CRRSA) are provided solely for the department to migrate the social service payment system to a cloud-based payment system in order to implement child care stabilization grants, child care subsidy rate enhancements, and other payments intended to support child care providers during and after the COVID-19 public health emergency, and for other improvements necessary for the successful implementation of Engrossed Second Substitute Senate Bill No. 5237 (child care & early dev. exp.). The amounts in this section are subject to the conditions, limitations, and review provided in section 701 of this act.
(21)(a) $5,748,000 of the general fundstate appropriation for fiscal year 2022, $9,356,000 of the general fundstate appropriation for fiscal year 2023, $12,689,000 of the general fundfederal appropriation (CRRSA), and $5,781,000 of the general fundfederal appropriation (ARPA) are provided solely for the 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. The legislature intends for the appropriations provided in this subsection to stabilize and support child care providers and early learning contractors and to expand families' access to affordable, quality child care and early learning during and after the COVID-19 public health emergency. Of the amounts provided in this subsection:
(i) $2,274,000 of the general fundstate appropriation for fiscal year 2022, $2,274,000 of the general fundstate appropriation for fiscal year 2023, and $4,549,000 of the general fundfederal appropriation (CRRSA) are provided solely for the implementation of complex needs funds.
(ii) $912,000 of the general fundfederal appropriation (CRRSA) and $1,673,000 of the general fundfederal appropriation (ARPA) are provided solely for the implementation of trauma-informed care supports.
(iii) $180,000 of the general fundstate appropriation for fiscal year 2022 and $2,799,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for the department to implement dual language rate enhancements.
(iv) $156,000 of the general fundstate appropriation for fiscal year 2022, $244,000 of the general fundstate appropriation for fiscal year 2023, and $1,200,000 of the general fundfederal appropriation (CRRSA) are provided solely for the implementation of equity grants.
(v) $1,555,000 of the general fundfederal appropriation (CRRSA) and $941,000 of the general fundfederal appropriation (ARPA) are provided solely for the implementation of six additional infant and early childhood mental health consultants.
(vi) $364,000 of the general fundfederal appropriation (CRRSA) and $495,000 of the general fundfederal appropriation (ARPA) are provided solely for the expansion of family, friend, and neighbor child care play and learn groups.
(vii) $669,000 of the general fundstate appropriation for fiscal year 2022, $751,000 of the general fundstate appropriation for fiscal year 2023, $2,570,000 of the general fundfederal appropriation (CRRSA), and $1,690,000 of the general fundfederal appropriation (ARPA) are provided solely for the implementation of trainings, early achievers scholarships, and other professional development activities.
(viii) $203,000 of the general fundstate appropriation for fiscal year 2022 and $401,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for the department to develop and implement a prenatal-to-three family engagement strategy.
(ix) $1,585,000 of the general fundstate appropriation for fiscal year 2022 and $2,196,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for the department to expand the birth-to-three early childhood education and assistance program.
(x) $1,539,000 of the general fundfederal appropriation (CRRSA) and $982,000 of the general fundfederal appropriation (ARPA) are provided solely for an infant rate enhancement for child care providers.
(b) The state and the representative for family child care providers must enter into bargaining over the implementation of grants and rate increases included in this proviso, and apply those increases consistent with the terms of this proviso and the agreement reached between the parties.
(22) $265,000 of the general fundstate appropriation for fiscal year 2022 and $265,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for a statewide family resource and referral linkage system, with coordinated access point of resource navigators who will connect families with children prenatal through age five with services, programs, and community resources through a facilitated referral and linkage process.
(23) $5,000,000 of the general fundfederal appropriation (CRRSA) is provided solely for the department to provide grants to child care providers for small capital purchases and minor renovations necessary for providers to meet safety and licensing standards. The grants are intended to provide financial support to child care providers so that they may maintain operations during and after the COVID-19 public health emergency, and to build the supply of child care providers during and after the COVID-19 public health emergency. The department shall work in collaboration with the department of commerce to administer the grants, and to track and report the number of grants awarded by child care program type.
(24)(a) $414,000 of the coronavirus state fiscal recovery accountfederal appropriation is provided solely for the department to establish a pilot project to determine the feasibility of a child care license category for multi-site programs operating under one owner or one entity. The department shall adopt rules to implement the pilot project and may waive or adapt licensing requirements when necessary to allow for the operation of a new license category. Pilot participants must include, at least:
(i) One governmental agency;
(ii) One nonprofit organization; and
(iii) One for-profit private business.
(b) New or existing license child care providers may participate in the pilot. When selecting and approving pilot project locations, the department shall aim to select a mix of rural, urban, and suburban locations. By July 1, 2024, the department shall submit to the relevant committees of the legislature recommendations on whether to permanently implement this license category and what, if any, changes are needed to law to accomplish this.
(25) $2,771,000 of the home visiting accountstate appropriation for fiscal year 2022 and $2,771,000 of the home visiting accountstate appropriation for fiscal year 2023 are provided to expand home visiting services for up to 400 new families, enhance data collection, and support the local implementing agencies providing home visiting services. The department shall:
(a) Contract with local implementing agencies to expand home visiting services by October 1, 2021; and
(b) Provide semiannual updates to the home visiting advisory committee established in RCW 43.216.130 that includes an updated number of families served in home visiting programs and a status of the home visiting services account balance.
(c) The home visiting advisory committee established in RCW 43.216.130 shall make recommendations to the department and the legislature by June 1, 2022, containing strategies for supporting home visiting providers and serving additional families. Recommendations should include, but are not limited to, strategies in the 2019 report to the legislature Opportunities and Considerations for Expanding Home Visiting Services in Washington State, such as enhancing data system collections and reporting, professional development supports, and rate adjustments to reimburse for the true cost of service delivery.
(26) The appropriations in this section are sufficient funding to implement section 29 of Substitute Senate Bill No. 5151 (foster care & child care).
NEW SECTION.  Sec. 230. FOR THE DEPARTMENT OF CHILDREN, YOUTH, AND FAMILIESPROGRAM SUPPORT
General FundState Appropriation (FY 2022)
. . . .
$138,989,000
General FundState Appropriation (FY 2023)
. . . .
$140,808,000
General FundFederal Appropriation
. . . .
$169,678,000
General FundPrivate/Local Appropriation
. . . .
$394,000
Education Legacy Trust AccountState Appropriation
. . . .
$180,000
Home Visiting Services AccountState Appropriation
. . . .
$458,000
Home Visiting Services AccountFederal Appropriation
. . . .
$380,000
TOTAL APPROPRIATION
. . . .
$450,887,000
The appropriations in this section are subject to the following conditions and limitations:
(1) $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 a Washington state mentoring organization to continue its public-private partnerships providing technical assistance and training to mentoring programs that serve at-risk youth.
(2) $1,000 of the general fundstate appropriation for fiscal year 2022, $1,000 of the general fundstate appropriation for fiscal year 2023, and $2,000 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, as provided in section 944 of this act.
(3) $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 full-time employee to coordinate policies and programs to support pregnant and parenting individuals receiving chemical dependency or substance use disorder treatment.
(4) $505,000 of the general fundstate appropriation for fiscal year 2022 and $505,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for the department to collaborate with the office of the superintendent of public instruction to complete a report with options and recommendations for administrative efficiencies and long-term strategies that align and integrate high-quality early learning programs administered by both agencies and consistent with implementation of Engrossed Second Substitute Senate Bill No. 5237 (child care dev. exp.). The report, due September 1, 2022, shall address capital needs, data collection and data sharing, licensing changes, quality standards, options for community-based and school-based settings, fiscal modeling, statutory changes needed to achieve administrative efficiencies, and all other requirements of Engrossed Second Substitute Senate Bill No. 5237 (child care & early dev. exp.).
(5) Within existing resources, the department shall submit a brief report to the governor and appropriate legislative committees by December 1, 2022, outlining options for creating a new dedicated account for adoption support that will meet 42 U.S.C. Sec. 473 requirements. The report shall include a methodology for calculating savings in a manner that can be incorporated into the adoption support forecast budget process, statutory needs, and expenditure guidelines for the account.
(6) $23,000 of the general fundstate appropriation for fiscal year 2022 and $23,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for the implementation of Second Substitute Senate Bill No. 5241 (economic inclusion). If the bill is not enacted by July 1, 2021, the amounts provided in this subsection shall lapse.
(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 a statewide nonprofit with demonstrated capability of partnering with state agencies and community organizations to develop public-facing regionalized data dashboards and reports to support the goals of the department and the early learning advisory council, pursuant to Engrossed Second Substitute Senate Bill No. 5237 (child care & early learning dev. exp.).
(8)(a) $986,000 of the general fundstate appropriation for fiscal year 2022, $937,000 of the general fundstate appropriation for fiscal year 2023, and $482,000 of the general fundfederal appropriation are provided solely for the department to create and implement a new approach to transition planning for young people preparing to exit the child welfare system and juvenile rehabilitation institutions, pursuant to the recommendations in the Improving Stability for Youth Exiting Systems of Care report submitted in January 2020, as required by RCW 43.330.720. The department must engage young people, caregivers, providers, and other stakeholders in the creation and implementation of the approach by:
(i) Providing one statewide adolescent transitions program manager and six adolescent liaisons, one in each region of the department, who are dedicated to supporting the transition planning approaches developed by the department, providing program oversight, and supporting improved outcomes for adolescents during the transition to adulthood; and
(ii) Strengthening the administration and competency of the independent living program and direct independent living services.
(b) No later than June 1, 2022, the department must centralize administration of its independent living program and develop a framework for service delivery, including best practice recommendations. The framework must be codesigned with adolescents, caregivers, providers, and stakeholders. No later than June 30, 2022, the department must develop and launch a competitive request for proposal process to solicit bidders to provide independent living services under the new framework.
(c) No later than November 30, 2022, the department must report to the governor and appropriate legislative committees on the implementation of the new approach to transition planning, the new independent living framework, and the state's capacity to provide high-quality transition services, including independent living services, to youth and young adults exiting the child welfare system and juvenile rehabilitation institutions. The report must identify any remaining service gaps that prevent statewide implementation and address the additional resources needed to improve outcomes for young people exiting these systems of care.
(End of part)
PART III
NATURAL RESOURCES
NEW SECTION.  Sec. 301. FOR THE COLUMBIA RIVER GORGE COMMISSION
General FundState Appropriation (FY 2022)
. . . .
$748,000
General FundState Appropriation (FY 2023)
. . . .
$820,000
General FundFederal Appropriation
. . . .
$32,000
General FundPrivate/Local Appropriation
. . . .
$1,351,000
TOTAL APPROPRIATION
. . . .
$2,951,000
The appropriations in this section are subject to the following conditions and limitations:
(1) $94,000 of the general fundstate appropriation for fiscal year 2022 and $94,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for a land use planner to provide land use planning services dedicated to Klickitat county. Because the activities of the land use planner are solely for the benefit of Washington state, Oregon is not required to provide matching funds for this activity.
(2) $88,000 of the general fundstate appropriation for fiscal year 2022, $125,000 of the general fundstate appropriation for fiscal year 2023, and $213,000 of the general fundprivate/local appropriation are provided solely for the access database replacement project, and is subject to the conditions, limitations, and review provided in section 701 of this act.
NEW SECTION.  Sec. 302. FOR THE DEPARTMENT OF ECOLOGY
General FundState Appropriation (FY 2022)
. . . .
$47,424,000
General FundState Appropriation (FY 2023)
. . . .
$45,813,000
General FundFederal Appropriation
. . . .
$98,760,000
General FundPrivate/Local Appropriation
. . . .
$26,999,000
Reclamation AccountState Appropriation
. . . .
$4,266,000
Flood Control Assistance AccountState Appropriation
. . . .
$2,518,000
Aquatic Lands Enhancement AccountState
Appropriation
. . . .
$150,000
State Emergency Water Projects Revolving Account
State Appropriation
. . . .
$40,000
Waste Reduction, Recycling, and Litter Control
AccountState Appropriation
. . . .
$26,548,000
State Drought Preparedness AccountState
Appropriation
. . . .
$204,000
State and Local Improvements Revolving AccountWater
Supply FacilitiesState Appropriation
. . . .
$186,000
Water Rights Tracking System AccountState
Appropriation
. . . .
$48,000
Site Closure AccountState Appropriation
. . . .
$582,000
Wood Stove Education and Enforcement AccountState
Appropriation
. . . .
$567,000
Worker and Community Right to Know FundState
Appropriation
. . . .
$1,957,000
Water Rights Processing AccountState Appropriation
. . . .
$39,000
Water Quality Permit AccountState Appropriation
. . . .
$46,124,000
Underground Storage Tank AccountState Appropriation
. . . .
$3,850,000
Biosolids Permit AccountState Appropriation
. . . .
$2,581,000
Hazardous Waste Assistance AccountState
Appropriation
. . . .
$7,325,000
Radioactive Mixed Waste AccountState Appropriation
. . . .
$22,163,000
Air Pollution Control AccountState Appropriation
. . . .
$4,109,000
Oil Spill Prevention AccountState Appropriation
. . . .
$6,378,000
Air Operating Permit AccountState Appropriation
. . . .
$4,759,000
Wastewater Treatment Plant Operator Certification
AccountState Appropriation
. . . .
$552,000
Oil Spill Response AccountState Appropriation
. . . .
$7,076,000
Model Toxics Control Operating AccountState
Appropriation
. . . .
$268,430,000
Model Toxics Control Operating AccountLocal
Appropriation
. . . .
$499,000
Voluntary Cleanup AccountState Appropriation
. . . .
$344,000
Paint Product Stewardship AccountState
Appropriation
. . . .
$140,000
Dedicated Marijuana AccountState Appropriation
(FY 2022)
. . . .
$270,000
Dedicated Marijuana AccountState Appropriation
(FY 2023)
. . . .
$276,000
Water Pollution Control Revolving Administration
AccountState Appropriation
. . . .
$4,540,000
Clean Fuels Program AccountState Appropriation
. . . .
$373,000
Climate Investment AccountState Appropriation
. . . .
$1,000
Environmental Mitigation Settlement AccountState
Appropriation
. . . .
$4,180,000
TOTAL APPROPRIATION
. . . .
$640,071,000
The appropriations in this section are subject to the following conditions and limitations:
(1) $170,000 of the oil spill prevention account—state appropriation is provided solely for a contract with the University of Washington's sea grant program to continue an educational program targeted to small spills from commercial fishing vessels, ferries, cruise ships, ports, and marinas.
(2) $204,000 of the model toxics control operating accountstate appropriation is provided solely for implementation of Executive Order No. 12-07, Washington's response to ocean acidification.
(3) $14,000,000 of the model toxics control operating accountstate appropriation is provided solely for the department to provide grants to local governments for the purpose of supporting local solid waste and financial assistance programs.
(4) $150,000 of the aquatic lands enhancement accountstate appropriation is provided solely for implementation of the state marine management plan and ongoing costs of the Washington coastal marine advisory council to serve as a forum and provide recommendations on coastal management issues.
(5) $588,000 of the general fundstate appropriation for fiscal year 2022 and $662,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for the department to address outstanding water rights issues. Of the amounts provided in this subsection:
(a) $463,000 of the general fundstate appropriation for fiscal year 2022 and $537,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for preparation and filing of adjudications of state water rights in the Nooksack (water resource inventory area 1) and lake Roosevelt and middle tributaries (water resource inventory area 58) watersheds. The department will not file an adjudication in water resource inventory area 1 prior to June 1, 2023; and
(b) $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 for Whatcom county to support a collaborative process among local water users and water right holders that can complement water rights adjudication in the Nooksack (water resources inventory area 1) watershed. Funding is provided for facilitation and mediation among parties, development of planning and technical information, and assessment of local solutions.
(6) $242,000 of the model toxics control operating accountstate appropriation is provided solely for an equipment cache grant for the Jamestown S'klallam Tribe for a new response vehicle.
(7) $398,000 of the model toxics control operating accountstate appropriation is provided solely for consumer product testing data validation services to support increases to the agency's product testing program.
(8) $2,305,000 of the model toxics control operating accountstate appropriation is provided solely to increase the department's capacity to test for toxics in children's products and other general consumer goods, to implement needed policy changes resulting from product testing, to communicate results to the public, and to conduct a feasibility study to add an inorganics component to the plan for new laboratory space at the department's headquarters building in Lacey, Washington.
(9) $497,000 of the general fundstate appropriation for fiscal year 2022 and $497,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for the department to provide grants to conservation organizations and certain tribes for the purpose of coordination, monitoring, and research related to Puget Sound kelp conservation and recovery. Of the amounts provided in this subsection the department shall distribute grants as follows: $175,000 each fiscal year to the Northwest Straits commission; $72,000 each fiscal year to the Lower Elwha Klallam Tribe; $100,000 each fiscal year to the Samish Indian Nation; and $150,000 each fiscal year to the Puget Sound Restoration Fund.
(10) $2,000,000 of the environmental mitigation settlement accountstate appropriation is provided solely for the Spokane river regional toxics task force to address elevated levels of polychlorinated biphenyls in the Spokane river.
(11) $150,000 of the general fundstate appropriation for fiscal year 2022 is provided solely for the department to grant to Clark county for the purpose of designing the process for developing a long-term plan to restore and maintain the health of Vancouver lake, a category 5 303(d) status impaired body of water, as well as designing an institutional structure to take responsibility for the plan's implementation in a financially sustainable manner. The plan will build on existing work completed by the county, state agencies, and nonprofit organizations. The department will support the work of the county to include involvement by property owners around the lake and within the watersheds that drain to the lake, the department of natural resources, the department of fish and wildlife, other state agencies and local governments with proprietary or regulatory jurisdiction, tribes, and nonprofit organizations advocating for the lake's health. The design should address timelines for plan development, roles and responsibilities of governmental and nonprofit entities, potential funding sources and options for plan implementation, including formation of a potential lake management district under chapter 36.61 RCW, and the management objectives to be included in the plan.
(12) $80,000 of the general fundstate appropriation for fiscal year 2022 is provided solely for the department to work with the Guemes island planning advisory committee to follow on to a United States geologic survey study of the island's aquifer recharge areas, quantify an updated water budget, and provide an accurate water-level analysis and water-table map of the two aquifers on the island.
(13) $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 support the Pierce county health department and the friends of Spanaway lake to treat and clean up elevated phosphorus and algae levels in Spanaway lake.
(14) $92,000 of the general fundstate appropriation for fiscal year 2022 is provided solely to San Juan county for a study to build on the existing knowledge of the islands' water resources to gain a current understanding of the state of groundwater in the county, including hydrologic data evaluation, completing recharge estimates, and updating the water balance.
(15) $146,000 of the general fundstate appropriation for fiscal year 2022 is provided solely for the department to work with landowners, state agencies, and others to analyze the water quality of Deep lake.
(16) $195,000 of the model toxics control operating accountstate appropriation is provided solely for the department to carry out an assessment of potential hazards of 6PPD (CAS 793-24-8) and other chemicals or chemical classes and breakdown products used as anti-oxidants and/or antiozonants in tires and submit a technical memo to the appropriate committees of the legislature by December 1, 2021.
(17) $523,000 of the model toxics control operating accountstate appropriation is provided solely for the department to work with the department of transportation, University of Washington-Tacoma, and Washington State University-Puyallup to identify priority areas affected by 6PPD or other related chemicals toxic to aquatic life from roads and transportation infrastructure and on best management practices for reducing toxicity. This includes developing a standard method for the laboratory measurement of 6PPD-quinone and related chemicals. The department will submit a report to the appropriate committees of the legislature by November 1, 2022.
(18) $2,180,000 of the environmental mitigation settlement accountstate is provided solely for the department to create a database, monitoring program, and laboratory assessment method regarding polychlorinated biphenyls (PCB). Within the amount provided in this subsection, $440,000 is provided to enhance the environmental information management database; $1,200,000 is provided to create a long-term statewide PCB monitoring program; and $540,000 is provided for developing a PCB specific laboratory method for conducting analysis. The department must coordinate with the department of fish and wildlife on the implementation of this subsection and for recommending PCB clean-up projects for legislative funding in subsequent appropriations.
(19) $547,000 of the model toxics control operating accountstate appropriation is provided solely for the implementation of Engrossed Second Substitute Senate Bill No. 5022 (recycling, waste, & litter). If the bill is not enacted by June 30, 2021, the amount provided in this subsection shall lapse.
(20) $10,080,000 of the general fundstate appropriation for fiscal year 2022 and $9,871,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for the implementation of 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.
(21) $45,000 of the general fundstate appropriation for fiscal year 2022, $27,000 of the general fundstate appropriation for fiscal year 2023, $22,000 of the waste reduction, recycling, and litter control accountstate appropriation, $83,000 of the water quality permit accountstate appropriation, $11,000 of the hazardous waste assistance accountstate appropriation, $11,000 of the oil spill prevention accountstate appropriation, and $356,000 of the model toxics control operating accountstate appropriation are provided solely for the implementation of Engrossed Second Substitute Senate Bill No. 5141 (environmental justice task force recommendations). If the bill is not enacted by June 30, 2021, the amounts provided in this subsection shall lapse.
(22) $43,000 of the model toxics control operating accountstate appropriation is provided solely for the implementation of Substitute Senate Bill No. 5381 (fish passage project permits). If the bill is not enacted by June 30, 2021, the amount provided in this subsection shall lapse.
(23) $52,000 of the general fundstate appropriation for fiscal year 2022, $52,000 of the general fundstate appropriation for fiscal year 2023, $8,000 of the reclamation accountstate appropriation, $8,000 of the flood control assistant accountstate appropriation, $32,000 of the waste reduction, recycling, and litter control accountstate appropriation, $4,000 of the worker and community right-to-know accountstate appropriation, $120,000 of the water quality permit accountstate appropriation, $10,000 of the underground storage tank accountstate appropriation, $6,000 of the bio solids permit accountstate appropriation, $18,000 of the hazardous waste assistance accountstate appropriation, $52,000 of the radioactive mixed waste accountstate appropriation, $10,000 of the air pollution control accountstate appropriation, $20,000 of the oil spill prevention accountstate appropriation, $12,000 of the air operating permit accountstate appropriation, $514,000 of the model toxics control operating accountstate appropriation, and $80,000 of the water pollution control revolving administration accountstate appropriation are provided solely for the department to maintain and license the new eHub system. Funding is subject to the conditions, limitations, and review requirements of section 701 of this act.
(24) $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 enter into a contract with a qualified third party to develop standards that provide a framework for assessing the quality of volume, validity, and durability of potential future carbon dioxide removal projects. The resulting product should be adequate to allow in-state entities to analyze proposed carbon removal project for conformity with state carbon reduction laws, rules, and goals. The selected vender should build upon previously completed analyses by the state of Washington and the federal government.
(25) $40,000 of the general fundstate appropriation for fiscal year 2022 is provided solely for the department to:
(a)(i) Develop proposals to change the way water banks are created such that key information is made available to the public. The changes should consider requirements such as:
(A) A description of a proposed banking and operations plan, including the needs and customers the bank intends to serve, the geographic area to be served, the portfolio of available mitigating rights and their allowed uses, any anticipated change in use of available mitigating rights, any limitations the bank intends to impose in offering water rights for use, and anything else the department deems necessary to promote transparency and the public interest;
(B) Reporting requirements that include any changes in the intended customers or needs being serviced by the bank, any change in the geographic area to be served, any anticipated change in the use of available mitigating rights, any change in limitation the banks intends to impose in offering water right for use, and any other change the department deems necessary to promote transparency and the public interest; and
(C) Reporting requirements for publishing each change and providing notice to pertinent parties and soliciting public comment.
(ii) The proposals must be submitted in a report to the appropriate committees of the legislature by December 1, 2021.
(26) $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 the department to establish and administer a grant program for implementing water banking strategies to meet local water needs. Grant awards must be limited to $1,500,000 or less per applicant and/or per county. One-third of any water right purchased with these funds must be for permanent instream flow rights benefiting fish and wildlife. In determining the one-third for permanent instream flow rights, only the portion of the acquisition funded by grants from this appropriation shall be subject to the calculation. Grants may only be used for:
(a) Acquisition of water rights appropriate for use in a water bank including all costs necessary to evaluate the water right for eligibility for its intended use;
(b) Activities necessary to facilitate the creation of a water bank;
(c) Development of a water bank that is intended to provide a local public benefit. Local public benefit is a beneficial use of water as defined by chapters 90.03 and 90.54 RCW and WAC 173-500-050 and provides economic benefit to the county of origin, preserves water rights for use in the county of origin, and provides instream flow benefits for fish and wildlife;
(d) Development of water banks in rural counties as defined in RCW 82.14.370(5) that have the headwaters of a major watershed within their borders and only for water banking strategies within the county of origin. A major watershed has the same meaning as shoreline of the state in RCW 90.58.030(2)(f)(v) (A) and (B).
(e) When prioritizing grants under this subsection (26), the department must also consider:
(i) Whether the grant recipient has sufficient expertise and capacity to develop and maintain a water bank consistent with the purposes of this appropriation;
(ii) Whether the grant recipient has secured a valid interest to purchase a water right;
(iii) Whether the water right appears to be adequate for the intended use;
(iv) The extent to which the applicant leverages other public or private funding; and
(v) That applicants from public entities or public/private partnerships shall have preference.
(27) $200,000 of the model toxics control operating accountstate appropriation is provided solely for the department to complete a feasibility study for the creation of soil banks and the remediation of pesticides in central Washington.
(28) $1,644,000 of the general fundstate appropriation for fiscal year 2022, $834,000 of the general fundstate appropriation for fiscal year 2023, and $373,000 of the clean fuels program accountstate appropriation are provided solely for the 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.
(29) $30,000 of the general fundstate appropriation for fiscal year 2022 is provided solely for the department to designate a regional clean air agency to convene a stakeholder group to assess and develop recommendations for reducing and mitigating air quality impacts in the form of noxious odors resulting from asphalt plants in the Puget Sound region. The stakeholder group should include representatives from the asphalt industry, cities within a county in the region in which an asphalt plant is located, the Puget Sound clean air agency, local and state health departments, research institutions, and a community or environmental organization representative with expertise in air pollution, toxicology, or other relevant fields. The recommendations must address steps needed for asphalt production facilities to develop odor control plans and best management practices to reduce noxious odors that negatively impact neighboring residents, businesses and persons utilizing publicly owned recreational facilities. A report containing recommendations must be submitted to the appropriate committees of the legislature by December 1, 2021.
NEW SECTION.  Sec. 303. FOR THE WASHINGTON POLLUTION LIABILITY INSURANCE PROGRAM
General FundFederal Appropriation
. . . .
$638,000
Pollution Liability Insurance Agency Underground
Storage Tank Revolving AccountState
Appropriation
. . . .
$957,000
Pollution Liability Insurance Program Trust Account
State Appropriation
. . . .
$1,374,000
TOTAL APPROPRIATION
. . . .
$2,969,000
NEW SECTION.  Sec. 304. FOR THE STATE PARKS AND RECREATION COMMISSION
General FundState Appropriation (FY 2022)
. . . .
$30,659,000
General FundState Appropriation (FY 2023)
. . . .
$28,922,000
General FundFederal Appropriation
. . . .
$7,058,000
Winter Recreation Program AccountState
Appropriation
. . . .
$3,303,000
ORV and Nonhighway Vehicle AccountState
Appropriation
. . . .
$369,000
Snowmobile AccountState Appropriation
. . . .
$5,645,000
Aquatic Lands Enhancement AccountState
Appropriation
. . . .
$367,000
Parks Renewal and Stewardship AccountState
Appropriation
. . . .
$124,968,000
Parks Renewal and Stewardship AccountPrivate/Local
Appropriation
. . . .
$420,000
TOTAL APPROPRIATION
. . . .
$201,711,000
The appropriations in this section are subject to the following conditions and limitations:
(1) $129,000 of the general fund—state appropriation for fiscal year 2022 and $129,000 of the general fund—state appropriation for fiscal year 2023 are provided solely for a grant for the operation of the Northwest weather and avalanche center.
(2) $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 commission to pay assessments charged by local improvement districts.
(3) $406,000 of the general fundstate appropriation for fiscal year 2022, $322,000 of the general fundstate appropriation for fiscal year 2023, and $88,000 of the parks renewal and stewardship accountstate appropriation are provided solely for operating budget impacts from capital budget projects funded in the 2019-2021 fiscal biennium.
(4) $272,000 of the general fundstate appropriation for fiscal year 2022 and $272,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for an update to the Seashore conservation area survey and plan.
(5) $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 commission to hire a diversity, equity, and inclusion coordinator to expand the diversity of the agency's workforce.
(6) $85,000 of the general fundstate appropriation for fiscal year 2022 is provided solely for the facilitation of a work group that includes representation from the state parks and recreation commission, the commission on African American affairs, and stakeholders with expertise of the black experience in outdoor recreation to identify barriers to inclusion and develop recommendations to increase participation of Black Washingtonians in the state parks system and other outdoor recreation spaces and public parks. The work group will be selected by the governor's office and will consist of at least twelve participants representing diverse geographic, socioeconomic, and experiential backgrounds. The parks commission will enter into an interagency agreement with the commission on African American affairs to procure a contractor to facilitate the work group and develop a report with recommendations. The amount provided in this subsection may also be used for a survey or focus group to assess the needs of Black Washingtonians related to state parks and outdoor recreation. The work group will submit a report to the governor's office and appropriate committees of the legislature no later January 1, 2022.
(7) $3,765,000 of the general fundstate appropriation for fiscal year 2022 and $3,177,000 of the general fundstate appropriation for fiscal year 2023 are provided solely to accelerate work on preventative maintenance and improve the conditions of park facilities.
(8) $5,795,000 of the general fundstate appropriation for fiscal year 2022 and $4,663,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for the commission to increase customer service, conduct more custodial maintenance, expand interpretive services, and expand public safety.
(9) $90,000 of the general fundstate appropriation for fiscal year 2022 and $6,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for the 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.
NEW SECTION.  Sec. 305. FOR THE RECREATION AND CONSERVATION OFFICE
General FundState Appropriation (FY 2022)
. . . .
$3,489,000
General FundState Appropriation (FY 2023)
. . . .
$3,424,000
General FundFederal Appropriation
. . . .
$3,716,000
General FundPrivate/Local Appropriation
. . . .
$24,000
Aquatic Lands Enhancement AccountState
Appropriation
. . . .
$320,000
Firearms Range AccountState Appropriation
. . . .
$37,000
Recreation Resources AccountState Appropriation
. . . .
$3,933,000
NOVA Program AccountState Appropriation
. . . .
$1,444,000
Youth Athletic Facility Nonappropriated Account
State Appropriation
. . . .
$181,000
TOTAL APPROPRIATION
. . . .
$16,568,000
The appropriations in this section are subject to the following conditions and limitations:
(1) $37,000 of the firearms range accountstate appropriation is provided solely to the recreation and conservation funding board for administration of the firearms range grant program as described in RCW 79A.25.210.
(2) $3,933,000 of the recreation resources accountstate appropriation is provided solely to the recreation and conservation funding board for administrative and coordinating costs of the recreation and conservation office and the board as described in RCW 79A.25.080(1).
(3) $1,444,000 of the NOVA program accountstate appropriation is provided solely to the recreation and conservation funding board for administration of the nonhighway and off-road vehicle activities program as described in chapter 46.09 RCW.
(4) $1,809,000 of the general fundstate appropriation for fiscal year 2022 and $1,809,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for a grant to a nonprofit organization with a mission for salmon and steelhead restoration to install near-term solutions to prevent steelhead mortality at the Hood Canal bridge.
(5) $140,000 of the general fundstate appropriation for fiscal year 2022 and $140,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for the governor's salmon recovery office to coordinate ongoing recovery efforts of southern resident orcas and monitor progress toward implementation of recommendations from the governor's southern resident killer whale task force.
(6) $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 conduct a pilot study to reintroduce salmon above the Chief Joseph dam on the Columbia river.
(7) $175,000 of the youth athletic facility nonappropriated accountstate appropriation is provided solely for a task force to consider ways to improve equitable access to K-12 schools' fields and athletic facilities and local parks agency facilities with the goal of increasing physical activity for youth and families. The task force shall be created and managed by the recreation and conservation office. A portion of the funds must be used to inventory K-12 school fields and athletic facilities and park agency facilities, and for joint use agreements for these facilities. The task force participants must represent geographic diversity and must include representatives from the office of the superintendent of public instruction, the Washington association of school administrators, the association of Washington principals, and the Washington recreation and parks association; participants with a background in public health; and stakeholders who represent diverse communities and communities of color. The task force shall consider joint use agreements, partnerships, improved scheduling practices with local parks agencies including facility rental fees, and other strategies, and submit a report with best practices and policy recommendations to the recreation and conservation funding board. A final report from the board must be submitted to the governor's office and legislature no later than February 1, 2022.
(8) $209,000 of the general fundstate appropriation for fiscal year 2022 and $209,000 of the general fundstate appropriation for fiscal year 2023 are provided solely to contract for implementation of the Nisqually watershed stewardship plan.
(9) $112,000 of the aquatic lands enhancement accountstate appropriation is provided solely for the implementation of Senate Bill No. 5063 (invasive species council exp). If the bill is not enacted by June 30, 2021, the amount provided in this subsection shall lapse.
(10) $30,000 of the general fundstate appropriation for fiscal year 2022 is provided solely for the office to facilitate the transfer of management authority over the project known as the beach lake conservation area from the current owner to a local public government entity. If the current owner does not accept the offer to transfer management authority, then the office must pursue all legal means to enforce the right of public access consistent with the deed restrictions as set forth in the contract PSAR #15-1045. The amount provided in this subsection is intended to secure daily public access, during daylight hours, with minimal closures to the beach lake conservation area.
NEW SECTION.  Sec. 306. FOR THE ENVIRONMENTAL AND LAND USE HEARINGS OFFICE
General FundState Appropriation (FY 2022)
. . . .
$2,662,000
General FundState Appropriation (FY 2023)
. . . .
$2,714,000
TOTAL APPROPRIATION
. . . .
$5,376,000
NEW SECTION.  Sec. 307. FOR THE CONSERVATION COMMISSION
General FundState Appropriation (FY 2022)
. . . .
$12,841,000
General FundState Appropriation (FY 2023)
. . . .
$12,834,000
General FundFederal Appropriation
. . . .
$2,482,000
Public Works Assistance AccountState Appropriation
. . . .
$8,450,000
Model Toxics Control Operating AccountState
Appropriation
. . . .
$1,000,000
TOTAL APPROPRIATION
. . . .
$37,607,000
The appropriations in this section are subject to the following conditions and limitations:
(1) $8,410,000 of the public works assistance account—state appropriation is provided solely for implementation of the voluntary stewardship program. This amount may not be used to fund agency indirect and administrative expenses.
(2) $170,000 of the general fund—state appropriation for fiscal year 2022 and $170,000 of the general fund—state appropriation for fiscal year 2023 are provided solely for the commission to continue to convene and facilitate a food policy forum.
(3) $2,135,000 of the general fundstate appropriation for fiscal year 2022 and $2,127,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for the implementation of Second Substitute Senate Bill No. 5045 (meat & poultry inspection). Of the amounts appropriated, no less than $2,100,000 each fiscal year must be made available as grants, as specified in the bill. If the bill is not enacted by June 30, 2021, the amounts provided in this subsection shall lapse.
(4) $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 commission to share evenly with conservation districts to increase assistance to landowners to achieve environmental stewardship and agricultural sustainability.
(5) $23,000 of the general fundstate appropriation for fiscal year 2022 and $4,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for the implementation of Second Substitute Senate Bill No. 5253 (pollinator health). If the bill is not enacted by June 30, 2021, the amounts provided in this subsection shall lapse.
NEW SECTION.  Sec. 308. FOR THE DEPARTMENT OF FISH AND WILDLIFE
General FundState Appropriation (FY 2022)
. . . .
$83,032,000
General FundState Appropriation (FY 2023)
. . . .
$80,278,000
General FundFederal Appropriation
. . . .
$130,092,000
General FundPrivate/Local Appropriation
. . . .
$64,011,000
ORV and Nonhighway Vehicle AccountState
Appropriation
. . . .
$646,000
Aquatic Lands Enhancement AccountState
Appropriation
. . . .
$12,240,000
Recreational Fisheries Enhancement AccountState
Appropriation
. . . .
$3,300,000
Warm Water Game Fish AccountState Appropriation
. . . .
$2,779,000
Eastern Washington Pheasant Enhancement Account
State Appropriation
. . . .
$675,000
Limited Fish and Wildlife AccountState
Appropriation
. . . .
$33,821,000
Special Wildlife AccountState Appropriation
. . . .
$2,891,000
Special Wildlife AccountFederal Appropriation
. . . .
$518,000
Special Wildlife AccountPrivate/Local Appropriation
. . . .
$3,634,000
Wildlife Rehabilitation AccountState Appropriation
. . . .
$661,000
Ballast Water and Biofouling Management Account
State Appropriation
. . . .
$10,000
Regional Fisheries Enhancement Salmonid Recovery
AccountFederal Appropriation
. . . .
$5,001,000
Oil Spill Prevention AccountState Appropriation
. . . .
$1,163,000
Aquatic Invasive Species Management AccountState
Appropriation
. . . .
$1,037,000
Model Toxics Control Operating AccountState
Appropriation
. . . .
$2,969,000
Fish, Wildlife, and Conservation AccountState
Appropriation
. . . .
$73,110,000
Oyster Reserve Land AccountState Appropriation
. . . .
$524,000
Environmental Mitigation Settlement AccountState
Appropriation
. . . .
$630,000
TOTAL APPROPRIATION
. . . .
$503,022,000
The appropriations in this section are subject to the following conditions and limitations:
(1) $467,000 of the general fundstate appropriation for fiscal year 2022 and $467,000 of the general fundstate appropriation for fiscal year 2023 are provided solely to pay for emergency fire suppression costs. These amounts may not be used to fund agency indirect and administrative expenses.
(2) $503,000 of the general fundstate appropriation for fiscal year 2022, $503,000 of the general fundstate appropriation for fiscal year 2023, and $440,000 of the general fundfederal appropriation are provided solely for county assessments.
(3) $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 a state match to support the Puget Sound nearshore partnership between the department and the United States army corps of engineers.
(4) $378,000 of the general fundstate appropriation for fiscal year 2022 and $378,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for operating budget impacts from capital budget projects funded in the 2019-2021 fiscal biennium.
(5) $477,000 of the general fundstate appropriation for fiscal year 2022 and $477,000 of the general fundstate appropriation for fiscal year 2023 are provided solely to develop conflict mitigation strategies for wolf recovery and staff resources in northeast Washington for response to wolf-livestock conflicts. The department must provide focus on minimizing wolf-livestock issues in the Kettle range. The department may not use firearms from helicopters for removing wolves.
(6) $251,000 of the general fundstate appropriation for fiscal year 2022 and $251,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for suppression, eradication, and monitoring of northern pike in the Columbia river. The department must work with the Spokane Tribe of Indians, the Confederated Tribes of the Colville Reservation, and the Kalispel Tribe of Indians on identifying appropriate actions to reduce threats to anadromous salmon from invasive northern pike.
(7) $753,000 of the general fundstate appropriation for fiscal year 2022 and $753,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for expanded management of pinniped populations on the lower Columbia river and its tributaries with the goal of increasing chinook salmon abundance and prey availability for southern resident orcas.
(8) $1,262,000 of the general fundstate appropriation for fiscal year 2022 and $1,262,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for the costs for the department to maintain shellfish sanitation activities necessary to implement its memorandum of understanding with the department of health to ensure the state is compliant with its federal obligations under the model ordinance of the national shellfish sanitation program.
(9) $452,000 of the general fundstate appropriation for fiscal year 2022 and $452,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for the department to create a statewide permittee assistance program as part of hydraulic project approvals, in which department staff collaborate with landowners during construction to help resolve risks of permit noncompliance.
(10) $470,000 of the general fundstate appropriation for fiscal year 2022 and $470,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for the department to expand efforts to survey the diets of seals and sea lions in Puget Sound and identify lethal and non-lethal management actions to deter them from preying on salmon and steelhead.
(11) $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 a voluntary buyback of Columbia river-Willapa bay and Columbia river-Grays harbor commercial gill net licenses to mitigate for policy restrictions on the use of gill nets in the mainstem lower Columbia river. The department shall solicit offers from gill net license holders who wish to participate in the buyback program, and purchase gill net licenses in ranked, ascending order from lowest to the highest bid price based on their 2016-2020 average annual Columbia river landings. License holders that agree to the voluntary buyback shall have their license retired and be prohibited from future fishery participation with a Columbia river-Willapa bay or Columbia river-Grays harbor gill net license. The department may not purchase a gill net license for an amount exceeding 3.5 times the individual gill net license holder's average annual ex-vessel value from the salmon landed in Columbia river fisheries from 2016 through 2020. The purchase price shall be $3,000 for Grays harbor-Columbia river or Willapa bay-Columbia river salmon gill net licenses without Columbia river salmon landings in Washington from 2016-2020. Consistent with the mitigation purpose of the buyback and the intent of Columbia river fishery reforms, the department may only authorize mainstem gill and drift net fisheries in zones four and five targeting upriver bright fall chinook and allocate no more than 20 percent of allowable impacts to off-channel and mainstem fall commercial fisheries.
(12) $259,000 of the general fundstate appropriation for fiscal year 2022 and $259,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for the department to continue to provide policy and scientific support to the department of ecology regarding surface and groundwater management issues as part of implementing chapter 90.94 RCW streamflow restoration.
(13) $271,000 of the general fundstate appropriation for fiscal year 2022 and $271,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for the implementation of chapter 291, Laws of 2019 (southern resident orca whales–protection from vessels), contracts with nonprofit organizations to monitor vessel traffic and educate boaters to be whale wise, and participation in other orca recovery efforts.
(14) Within amounts appropriated in this section, the department, in coordination with statewide law enforcement agencies, must provide a report to the legislature by January, 2022 on the number of cougars reported to the department as harvested by local government law enforcement agencies, training opportunities provided to local law enforcement agencies, and how cougar removals by local enforcement agencies impact the department's cougar management strategies.
(15) $200,000 of the general fundstate appropriation for fiscal year 2022 and $200,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for the department to implement priority actions in the state pinto abalone recovery plan. Of the amounts provided, $85,000 each fiscal year must be used to locate, monitor, and safeguard wild populations of pinto abalone along the strait of Juan de Fuca, outer coast, and San Juan islands and the remaining amounts must be granted to the Puget Sound restoration fund to increase production, diversity, and resilience of out-planted abalone.
(16) $630,000 of the environmental mitigation settlement accountstate appropriation is provided solely for the department to research and monitor the impacts of polychlorinated biphenyls (PCB) on indicator species. The department must coordinate with the department of ecology on implementation of this subsection.
(17) $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 conduct an evaluation of the forest practices adaptive management program. The evaluation will be carried out generally consistent with the proposal provided to the timber, fish, and wildlife (TFW) policy committee in January 2020 titled Assessing Changes in Uncertainty During Adaptive Management: A Case Study of the Washington State Forest Practices Habitat Conservation Plan. To the extent practicable, the evaluation shall satisfy the cooperative monitoring, evaluation, and research five-year peer review process as required in WAC 222-12-045(2)(f), and support other ongoing forest practices adaptive management program evaluation and improvement efforts. The department shall consult with TFW policy caucus participants during the evaluation and provide for public review and comment of the draft report. A progress report shall be delivered to TFW policy participants and appropriate committees of the legislature by December 31, 2022, and a final report by June 30, 2023.
(18) $1,175,000 of the general fundstate appropriation for fiscal year 2022 and $1,175,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for the department to restore shrubsteppe habitat and associated wildlife impacted by wildfires.
(a) This funding is intended for the restoration of habitat on public lands as well as private lands by landowners who are willing to participate. The restoration effort must be coordinated with other natural resource agencies and interested stakeholders.
(b) Restoration actions may include: (i) Increasing the availability of native plant materials; (ii) increasing the number of certified and trained personnel for implementation at scale; (iii) support for wildlife-friendly fencing replacement; (iv) support for private landowners/ranchers to defer wildland grazing and allow natural habitat regeneration; and (v) species-specific recovery actions.
(c) The department must submit a progress report to the appropriate committees of the legislature on the investments made under this subsection by December 1, 2022, with a final report submitted by September 1, 2023.
(d) Within the amounts provided in this subsection, $250,000 must be used by the department to form a collaborative group process representing diverse stakeholders and facilitated by a neutral third-party to develop a long-term strategy for shrubsteppe conservation and fire preparedness, response, and restoration to meet the needs of the state's shrubsteppe wildlife and human communities. The collaborative may serve as providing expertise and advice to the wildland fire advisory committee administered by the department of natural resources and build from the wildland fire 10-year strategic plan. Components to be addressed by the collaborative include the restoration actions described in (b) of this subsection and on spatial priorities for shrubsteppe conservation, filling gaps in fire coverage, management tools to reduce fire-prone conditions on public and private lands, and identifying and making recommendations on any other threats. Any reports and findings resulting from the collaborative may be included in the report specified in (c) of this subsection.
(19) $167,000 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 the department to complete a study of the impacts and extent of pinniped predation on populations of chinook salmon. Within the amounts provided in this subsection, the department must provide a grant of $140,000 to the Washington academy of sciences to coordinate an independent science panel to review and evaluate the scientific understanding of the extent and effect of pinniped predation on chinook salmon in Puget Sound and Washington's outer coast. The department shall submit a report to the appropriate committees of the legislature on the pinniped predation impacts and any recommendations by December 1, 2022.
(20) $137,000 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 the implementation of Second Substitute Senate Bill No. 5253 (pollinator health). If the bill is not enacted by June 30, 2021, the amounts provided in this subsection shall lapse.
(21) $21,000 of the general fundstate appropriation for fiscal year 2022 is provided solely for the implementation of Substitute Senate Bill No. 5273 (shoreline armoring). If the bill is not enacted by June 30, 2021, the amount provided in this subsection shall lapse.
(22) $44,000 of the general fundstate appropriation for fiscal year 2022 and $24,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for the implementation of Substitute Senate Bill No. 5381 (fish passage project permits). If the bill is not enacted by June 30, 2021, the amounts provided in this subsection shall lapse.
(23) $100,000 of the general fundstate appropriation for fiscal year 2022 is provided solely for the implementation of Engrossed Substitute Senate Bill No. 5452 (electric-assisted bicycles). If the bill is not enacted by June 30, 2021, the amount provided in this subsection shall lapse.
(24) $600,000 of the general fundstate appropriation for fiscal year 2022 is provided solely for the department to conduct a pilot project to test New Zealand style elk fencing, similar to the style used by the United States Department of Agriculture at the Starkey Experimental Forest and Range, including materials and construction techniques, and determine the cost and effectiveness of the fence design in reducing damage to school property and agricultural lands within the range of the north Cascades elk herd. The department of fish and wildlife shall work with at least one agricultural property owner in Skagit county with property abutting state highway 20 and one school district located in Skagit county with enrollment of less than 650 students that volunteer to build and test the elk fence design and, in compliance with RCW 43.01.036, report back to the natural resources committees of the legislature by November 1, 2022, on the results of the pilot project.
(25) $155,000 of the general fundstate appropriation for fiscal year 2022 and $310,000 of the general fundstate appropriation for fiscal year 2023 are provided for the department to implement strategies to control against chronic wasting disease in native species of the state.
(26) $1,682,000 of the fish, wildlife and conservation accountstate appropriation is provided solely for the department to work with stakeholders to improve steelhead spawning estimates for improved fishing regulations such that enhanced conservation and equitable fisheries are established. Within the amount provided in this subsection, the department must develop a plan to protect native and hatchery produced steelhead for each river system of Grays harbor, Willapa bay and coastal Olympic peninsula. The plan must adequately protect those fisheries for healthy runs year-after-year as well as provide reasonable fishing opportunities. The plan must include active stakeholder input and include an outreach strategy sufficient to keep conservation and angler interests well informed of proposed changes in advance of annual fishing seasons. The plan must be reported to the appropriate committees of the legislature by December 1, 2022.
(27) $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 the department to assist local jurisdictions in responding to cougar related public safety issues. The funding is available to a local jurisdiction if they have a signed agreement with the department that recognizes cougar management authority is vested in the department and provides criteria to determine if a cougar creates an actionable public safety risk eligible for financial assistance. For the purposes of this subsection, a cougar presence on private property alone does not create an actionable public safety risk.
(28) $90,000 of the general fundstate appropriation for fiscal year 2022 is provided solely for the department to complete the final phase of the Cowlitz river salmon and steelhead hook mortality study. No less than $60,000 of the amount provided in this subsection is provided for the original contractor of the study to complete their work. A final report shall be provided to the appropriate committees of the legislature by December 31, 2022.
NEW SECTION.  Sec. 309. FOR THE PUGET SOUND PARTNERSHIP
General FundState Appropriation (FY 2022)
. . . .
$5,553,000
General FundState Appropriation (FY 2023)
. . . .
$5,456,000
General FundFederal Appropriation
. . . .
$12,689,000
Aquatic Lands Enhancement AccountState
Appropriation
. . . .
$1,433,000
Model Toxics Control Operating AccountState
Appropriation
. . . .
$855,000
TOTAL APPROPRIATION
. . . .
$25,986,000
The appropriations in this section are subject to the following conditions and limitations:
(1) By October 15, 2022, the Puget Sound partnership shall provide the governor and appropriate legislative fiscal committees a single, prioritized list of state agency 2023-2025 capital and operating budget requests related to Puget Sound recovery and restoration.
(2) $304,000 of the general fundstate appropriation for fiscal year 2022 and $272,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for the Puget Sound partnership to develop and implement an action plan that advances diversity, equity, and inclusion and environmental justice in Puget Sound recovery efforts.
(3) $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 to the Puget Sound partnership to perform coordination and monitoring related to Puget Sound kelp conservation and recovery.
(4) $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 to the Puget Sound partnership to implement shipping noise-reduction initiatives and monitoring programs in the Puget Sound, in coordination with Canadian and United States authorities. The partnership must contract with Washington Maritime Blue in order to establish and administer the quiet sound program to better understand and reduce the cumulative effects of acoustic and physical disturbance from large commercial vessels on southern resident orcas throughout their range in Washington state. Washington Maritime Blue will support a quiet sound advisory committee that should include relevant federal and state agencies, ports, industry, research institutions, and nongovernmental organizations and consult early and often with relevant federally recognized tribes.
(5) $393,000 of the general fundstate appropriation for fiscal year 2022 and $295,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for the implementation of Engrossed Second Substitute Senate Bill No. 5141 (environmental justice task force recommendations). If the bill is not enacted by June 30, 2021, the amounts provided in this subsection shall lapse.
NEW SECTION.  Sec. 310. FOR THE DEPARTMENT OF NATURAL RESOURCES
General FundState Appropriation (FY 2022)
. . . .
$128,682,000
General FundState Appropriation (FY 2023)
. . . .
$146,685,000
General FundFederal Appropriation
. . . .
$42,660,000
General FundPrivate/Local Appropriation
. . . .
$3,161,000
Forest Development AccountState Appropriation
. . . .
$53,563,000
ORV and Nonhighway Vehicle AccountState
Appropriation
. . . .
$6,993,000
Surveys and Maps AccountState Appropriation
. . . .
$2,092,000
Aquatic Lands Enhancement AccountState
Appropriation
. . . .
$8,311,000
Resource Management Cost AccountState Appropriation
. . . .
$127,040,000
Surface Mining Reclamation AccountState
Appropriation
. . . .
$4,077,000
Disaster Response AccountState Appropriation
. . . .
$23,063,000
Contract Harvesting Revolving Nonappropriated
AccountState Appropriation
. . . .
$186,000
Forest and Fish Support AccountState Appropriation
. . . .
$11,124,000
Aquatic Land Dredged Material Disposal Site Account
State Appropriation
. . . .
$403,000
Natural Resources Conservation Areas Stewardship
AccountState Appropriation
. . . .
$46,000
Forest Fire Protection Assessment Nonappropriated
AccountState Appropriation
. . . .
$191,000
State Forest Nursery Revolving Nonappropriated
AccountState Appropriation
. . . .
$75,000
Access Road Revolving Nonappropriated AccountState
Appropriation
. . . .
$233,000
Forest Practices Application AccountState
Appropriation
. . . .
$1,951,000
Air Pollution Control AccountState Appropriation
. . . .
$891,000
Forest Health Revolving Nonappropriated Account
State Appropriation
. . . .
$240,000
Model Toxics Control Operating AccountState
Appropriation
. . . .
$21,285,000
NOVA Program AccountState Appropriation
. . . .
$767,000
Derelict Vessel Removal AccountState Appropriation
. . . .
$1,986,000
Community Forest Trust AccountState Appropriation
. . . .
$52,000
Agricultural College Trust Management AccountState
Appropriation
. . . .
$3,114,000
Natural Resources Federal Lands Revolving
Nonappropriated AccountState Appropriation
. . . .
$16,000
TOTAL APPROPRIATION
. . . .
$588,887,000
The appropriations in this section are subject to the following conditions and limitations:
(1) $1,590,000 of the general fundstate appropriation for fiscal year 2022 and $1,523,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for deposit into the agricultural college trust management account and are provided solely to manage approximately 70,700 acres of Washington State University's agricultural college trust lands.
(2) $20,668,000 of the general fundstate appropriation for fiscal year 2022, $20,668,000 of the general fundstate appropriation for fiscal year 2023, and $16,050,000 of the disaster response accountstate appropriation are provided solely for emergency response, including fire suppression. The department shall provide a monthly report to the office of financial management and the appropriate fiscal and policy committees of the legislature with an update of fire suppression costs incurred and the number and type of wildfires suppressed. The amounts provided in this subsection may not be used to fund the department's indirect and administrative expenses. The department's indirect and administrative costs shall be allocated among its remaining accounts and appropriations.
(3) $5,500,000 of the forest and fish support account—state appropriation is provided solely for outcome-based performance contracts with tribes to participate in the implementation of the forest practices program. Contracts awarded may only contain indirect costs set at or below the rate in the contracting tribe's indirect cost agreement with the federal government. Of the amount provided in this subsection, $500,000 is contingent upon receipts under RCW 82.04.261 exceeding eight million dollars per biennium. If receipts under RCW 82.04.261 are more than eight million dollars but less than eight million five hundred thousand dollars for the biennium, an amount equivalent to the difference between actual receipts and eight million five hundred thousand dollars shall lapse.
(4) Consistent with the recommendations of the Wildfire Suppression Funding and Costs (18-02) report of the joint legislative audit and review committee, the department shall submit a report to the governor and legislature by December 1, 2021, and December 1, 2022, describing the previous fire season. At a minimum, the report shall provide information for each wildfire in the state, including its location, impact by type of land ownership, the extent it involved timber or range lands, cause, size, costs, and cost-share with federal agencies and nonstate partners. The report must also be posted on the agency's website.
(5) $4,206,000 of the aquatic land enhancement accountstate appropriation is provided solely for the removal of creosote pilings and debris from the marine environment and to continue monitoring zooplankton and eelgrass beds on state-owned aquatic lands managed by the department. Actions will address recommendations to recover the southern resident orca population and to monitor ocean acidification as well as help implement the Puget Sound action agenda.
(6) $448,000 of the general fundstate appropriation for fiscal year 2022 and $448,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for the department to coordinate with the Olympic natural resources center to study emerging ecosystem threats such as Swiss needlecast disease, conduct field trials for long-term ecosystem productivity and T3 watershed experiments, and engage stakeholders through learning-based collaboration. The department may retain up to $30,000 in one fiscal year to conduct Swiss needlecast surveys.
(7) $186,000 of the general fundstate appropriation for fiscal year 2022 and $185,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for compensation to the trust beneficiaries and department for lost revenue from leases to amateur radio operators who use space on the department managed radio towers for their equipment. The department is authorized to lease sites at the rate of up to one hundred dollars per year, per site, per lessee. The legislature makes this appropriation to fulfill the remaining costs of the leases at market rate per RCW 79.13.510.
(8) $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 increase technical assistance to small forestland owners.
(9) The appropriations in this section include sufficient funding for the department to review its burn permit fee schedule, and to develop options and recommendations on changes to the fee schedule to meet the requirement in RCW 70A.15.5020. The agency must report on options and recommendations to the office of financial management and the appropriate committees of the legislature by September 1, 2021.
(10) $569,000 of the model toxics control operating accountstate appropriation is provided solely to implement recommendations in the aerial herbicides in forestlands report submitted to the legislature in December 2019 from the aerial herbicide application working group. Specific work will include researching alternatives to chemicals for control of unwanted competing vegetation, compliance monitoring of aerial herbicides application, and updating the pesticide board manual.
(11) $925,000 of the general fundstate appropriation for fiscal year 2022 and $779,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for the department to undertake geologic research to understand the geology and hydrology of the Columbia basin with regard to geothermal and groundwater resources. Funding must also be used for outreach and education to industries and regional communities to increase awareness of underground resources, how to access and use them, and the regulatory processes for doing so.
(12) $77,000 of the general fund—state appropriation for fiscal year 2022, $90,000 of the general fund—state appropriation for fiscal year 2023, $82,000 of the forest development account—state appropriation, $10,000 of the ORV and nonhighway vehicle account—state appropriation, $19,000 of the aquatic lands enhancement account—state appropriation, $189,000 of the resource management cost account—state appropriation, $7,000 of the surface mining reclamation account—state appropriation, $9,000 of the forest and fish support account—state appropriation, $43,000 of the forest fire protection assessment nonappropriated account—state appropriation, $13,000 of the state forest nursery revolving nonappropriated account—state appropriation, $45,000 of the access road revolving nonappropriated account—state appropriation, $26,000 of the forest health revolving nonappropriated account—state appropriation, and $9,000 of the model toxics control operating account—state appropriation are provided solely for the department to move its data center currently located in the natural resources building to the state data center located in the Jefferson building as required by office of the chief information officer policy 184 and RCW 43.105.375. Funding is subject to the conditions, limitations, and review requirements of section 701 of this act.
(13) $466,000 of the general fund—state appropriation for fiscal year 2022, $125,000 of the general fund—state appropriation for fiscal year 2023, $364,000 of the forest development account—state appropriation, $254,000 of the aquatic lands enhancement account—state appropriation, $754,000 of the resource management cost account—state appropriation, $27,000 of the surface mining reclamation account—state appropriation, $186,000 of the contract harvesting revolving nonappropriated account—state appropriation, $148,000 of the forest fire protection assessment nonappropriated account—state appropriation, $62,000 of the state forest nursery revolving nonappropriated account—state appropriation, $188,000 of the access road revolving nonappropriated account—state appropriation, $214,000 of the forest health revolving nonappropriated account—state appropriation, and $16,000 of the natural resources federal lands revolving nonappropriated account—state appropriation are provided solely for the department to replace the NaturE revenue and leasing administration system and integrate with the new One Washington financial system. Funding is subject to the conditions, limitations, and review requirements of section 701 of this act.
(14)(a) $500,000 of the general fund—state appropriation for fiscal year 2022 and $500,000 of the general fund—state appropriation for fiscal year 2023 are provided solely for the department to maintain existing administrative facility infrastructure operated by the six regions of the department.
(b) The department's allocation of this appropriation and existing expenditure authority in certain other funds will be spread equitably across agency funds based on a model of positions by program or activity that utilize existing facility spaces within the agency's operating regions. The remaining costs at each site will remain the burden of existing management fund distribution. Department allocation of funds in this appropriation will be trackable by region and by project code.
(c) This appropriation is provided solely for the maintenance of existing administrative infrastructure, inclusive of ordinary maintenance, preventive maintenance, and maintenance services and inspections, minor repairs, system component replacement, and the delivery of utility and facility services.
(d) The department must provide a comparison of quarterly agency allotments and expenditures relating to this subsection, including a summary of the maintenance work for all regional facilities subject to this section to the office of financial management beginning in October 2021.
(15) $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 implement a pilot project to evaluate the costs and benefits of marketing and selling specialty forest products including cedar salvage, alder, and other hardwood products. The pilot project must include: Identifying suitable areas for hardwood or cedar sales within the administrative areas of the Olympic and Pacific Cascade regions, preparing and conducting sales, and evaluating the costs and benefits from conducting the sales.
(a) The pilot project must include an evaluation that:
(i) Determines if revenues from the sales are sufficient to cover the costs of preparing and conducting the sales;
(ii) Identifies and evaluates factors impacting the sales, including regulatory constraints, staffing levels, or other limitations;
(iii) Compares the specialty sales to other timber sales that combine the sale of cedar and hardwoods with other species;
(iv) Evaluates the bidder pool for the pilot sales and other factors that impact the costs and revenues received from the sales; and
(v) Evaluates the current and future prices and market trends for cedar salvage and hardwood species.
(b) The department must work with affected stakeholders and report to the appropriate committees of the legislature with the results of the pilot project and make recommendation for any changes to statute by June 30, 2023.
(16) $112,000 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 Engrossed Senate Bill No. 5158 (utility wildland fire cmte.). If the bill is not enacted by June 30, 2021, the amounts provided in this subsection shall lapse.
(17) $407,000 of the general fundstate appropriation for fiscal year 2022 is provided solely for the department to complete development of a programmatic safe harbor agreement, and the associated environmental analysis and draft enrollment language for inclusion in the forest practices rules. Within the amount provided in this subsection, the department must provide $182,000 to the department of fish and wildlife to assist in the development of the programmatic safe harbor agreement. The department must provide a report to the appropriate committees of the legislature by December 15, 2021, on the status of the rule making and the resources needed to implement the rule effective October 1, 2022.
(18) Within amounts appropriated in this section, the department on behalf of the forest practices board must provide an update to the natural resource policy committees of the legislature on the progress of its projects, including progress made to address recommendations from the 2021 state auditor's report on the adaptive management program, by December 1, 2021, and December 1, 2022.
(19) $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 for the department to grant to local law enforcement agencies to assist in enforcing vessel registration laws. Funding is also provided for a pilot recycling project with a nonprofit maritime education center that has the capacity to coordinate with a local port and local businesses that can accommodate vessel waste material.
(20) Within amounts appropriated in this section, the department, acting in its capacity as the agency responsible for implementing Washington state's section 10 permit under the endangered species act for aquatic species, and for ensuring maintenance of clean water act assurances granted by the department of ecology, must report to the legislature by no later than June 30, 2022, on the status of forest practices board activities related to: (a) Permanent water typing rulemaking and associated board manual development and (b) rulemaking and associated board manual development regarding the protection of type N streams.
(21) Within amounts appropriated in this section, the department, in collaboration with motorized and nonmotorized outdoor recreation stakeholders, must submit to the appropriate committees of the legislature recommendations for the use of NOVA account appropriations, by September 30, 2022.
(22) $2,268,000 of the general fundstate appropriation for fiscal year 2022 and $1,535,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for the implementation of Engrossed Second Substitute Senate Bill No. 5141 (environmental justice task force recommendations). If the bill is not enacted by June 30, 2021, the amounts provided in this subsection shall lapse.
(23) $9,000 of the general fundstate appropriation for fiscal year 2022 and $9,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for the implementation of Second Substitute Senate Bill No. 5253 (pollinator health). If the bill is not enacted by June 30, 2021, the amounts provided in this subsection shall lapse.
(24) $34,000 of the general fundstate appropriation for fiscal year 2022 and $8,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for the implementation of Engrossed Substitute Senate Bill No. 5452 (electric-assisted bicycles). If the bill is not enacted by June 30, 2021, the amounts provided in this subsection shall lapse.
(25) $1,765,000 of the general fundstate appropriation for fiscal year 2023 is provided solely for the department to:
(a) Replace the statewide forest practices permit database system. Funding is subject to the conditions, limitations, and review requirements of section 701 of this act; and
(b) Provide a recommendation for ways that the forest products industry could help cover the cost of the new forest practice online system. The recommendation must include proposed changes to the fees that are paid for forest practice applications and notifications, as well as a description and table that illustrates the operating costs of the program and how those costs are covered by fund source including fee revenue. The recommendation must be reported to the fiscal committees of the legislature by December 1, 2021, and may be included as a decision package to the office of financial management for consideration in the governor's proposed 2022 supplemental operating budget.
(26) $53,217,000 of the general fundstate appropriation for fiscal year 2022 and $71,782,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for the department to implement the provisions 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.
(27) $87,000 of the general fundstate appropriation for fiscal year 2022 is provided solely for the department to reimburse Clark county for costs associated with providing shelter to displaced livestock from 2020 wildfires.
(28) $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 implement a pilot project to evaluate the costs and benefits of entering into such stewardship agreements with individual neighboring landowners who would take on the responsibility for protecting small segments of shared boundary with department managed lands. The pilot project must include identifying the legal limits and bounds of such stewardship agreements, identifying suitable areas, preparing and entering into shared stewardship agreements, and evaluating the costs and benefits of these agreements.
(a) The pilot project evaluation must include:
(i) A determination of an appropriate mechanism for the sale of valuable materials from state trust lands harvested under a stewardship agreement;
(ii) Identification of regulatory constraints, staffing levels necessary to administer a statewide program, and other limitations; and
(iii) Identification of legal risk and insurance and indemnification requirements that may be necessary on the part of private individuals entering into these agreements.
(b) The pilot project must include agreements on at least the Teanaway or Klickitat Community Forests and on state trust lands in the vicinity of the town of Darrington, Washington. The department of natural resources must work with affected stakeholders and report to the appropriate committees of the legislature with the results of the pilot project and any recommendations for changes and statewide implementation by July 1, 2023.
(29) $134,000 of the general fundstate appropriation for fiscal year 2022 and $134,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for the department to grant non-tribal outcome-based performance participation grants for implementation of the forest practices adaptive management program. Of the amounts provided in this subsection, $54,000 per fiscal year is provided for grants to the Washington farm forestry association and $80,000 per fiscal year is provided for grants to the Washington state association of counties.
NEW SECTION.  Sec. 311. FOR THE DEPARTMENT OF AGRICULTURE
General FundState Appropriation (FY 2022)
. . . .
$24,532,000
General FundState Appropriation (FY 2023)
. . . .
$24,047,000
General FundFederal Appropriation
. . . .
$48,365,000
General FundPrivate/Local Appropriation
. . . .
$193,000
Aquatic Lands Enhancement AccountState
Appropriation
. . . .
$2,670,000
Water Quality Permit AccountState Appropriation
. . . .
$73,000
Model Toxics Control Operating AccountState
Appropriation
. . . .
$8,034,000
Dedicated Marijuana AccountState Appropriation
(FY 2022)
. . . .
$621,000
Dedicated Marijuana AccountState Appropriation
(FY 2023)
. . . .
$627,000
Northeast Washington Wolf-Livestock Management
Nonappropriated AccountState Appropriation
. . . .
$952,000
TOTAL APPROPRIATION
. . . .
$110,114,000
The appropriations in this section are subject to the following conditions and limitations:
(1) $6,108,445 of the general fundstate appropriation for fiscal year 2022 and $6,102,905 of the general fundstate appropriation for fiscal year 2023 are provided solely for implementing the emergency food assistance program as defined in RCW 43.23.290.
(2) $170,000 of the general fundstate appropriation for fiscal year 2022 and $170,000 of the general fundstate appropriation for fiscal year 2023 are provided solely to continue a shellfish coordinator position. The shellfish coordinator assists the industry with complying with regulatory requirements and will work with regulatory agencies to identify ways to streamline and make more transparent the permit process for establishing and maintaining shellfish operations.
(3) $194,000 of the general fundstate appropriation for fiscal year 2022, $194,000 of the general fundstate appropriation for fiscal year 2023, and $1,134,000 of the general fundfederal appropriation are provided solely for implementing an Asian giant hornet eradication program.
(4) $251,000 of the general fundstate appropriation for fiscal year 2022 and $169,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for the implementation of Second Substitute Senate Bill No. 5045 (meat & poultry inspection). If the bill is not enacted by June 30, 2021, the amounts provided in this subsection shall lapse.
(5) $952,000 of the northeast Washington wolf-livestock management nonappropriated accountstate appropriation is provided solely for the department to conduct the following:
(a) Fund the northeast Washington wolf-livestock management grant program as provided in RCW 16.76.020, at $432,000 for fiscal year 2022 and fiscal year 2023. Funds from the grant program must be used only for the deployment of nonlethal deterrence, specifically with the goal to reduce the likelihood of cattle being injured or killed by wolves by deploying proactive, preventative methods that have a good probability of producing effective results. Grant proposals will be assessed partially on this intent. Grantees who use funds for range riders or herd monitoring must deploy this tool in a manner so that targeted areas with cattle are visited daily or near daily. Grantees must collaborate with other entities providing prevention efforts resulting in coordinated wolf-livestock conflict deterrence efforts, both temporally and spatially, therefore providing well-timed and placed preventative coverage on the landscape. The department retains the final decision-making authority over disbursement of funds. Annual reports from grantees will be assessed for how well grant objectives were met and used to decide whether future grant funds will be awarded to past grantees.
(b) Contract with the northeast Washington wolf-cattle collaborative, a nonprofit organization, for $320,000 for fiscal year 2022 and fiscal year 2023 for range riders to conduct proactive deterrence activities with the goal to reduce the likelihood of cattle being injured or killed by wolves. The contract must provide that the organization share all relevant information with the department of fish and wildlife in a timely manner to aid in wolf management decisions. Additionally, range riders must document their activities with geo-referenced photo points and provide written description of their efforts to the department of fish and wildlife by December 31, 2021, and December 31, 2022. Work is to be conducted solely on United States forest service grazing allotments and adjoining private lands in the Kettle mountains in Ferry county. This includes an area from the northern boundary of the Colville Confederated Tribes reservation, west of the Columbia river north to state route 20, and then west of United States route 395 to the Canadian border, and from the northern boundary of the Colville Confederated Tribes reservation east of state highway 21 to the Canadian border. Also included are federal grazing allotments and adjoining private lands in the Vulcan mountain area, an area which is north of the Kettle river where it enters the United States at Midway, British Columbia and leaves the United States near Danville, Washington.
(c) Within the amounts provided in this subsection, the department must provide $120,000 in fiscal year 2022 and $80,000 in fiscal year 2023 to the sheriffs offices of Ferry and Stevens counties for providing a local wildlife specialist to aid the department of fish and wildlife in the management of wolves in northeast Washington.
(6) $350,000 of the general fundstate appropriation for fiscal year 2022 and $350,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for the department to support the farm to food pantry initiative. A portion of these funds will be dedicated for procurement from minority and disadvantaged farmers, including veterans, women, tribes, and farmers of color. The department may retain up to five percent of these funds each year for administration, operations, and compliance oversight.
(7) $950,000 of the general fundstate appropriation for fiscal year 2022, $950,000 of the general fundstate appropriation for fiscal year 2023, and $12,506,000 of the general fundfederal appropriation (ARPA) are provided solely for the department to fill gaps in the emergency food system through direct purchase of supplies, food and associated food processing costs, prioritizing Washington-grown as available, and for the provision of discretionary grants to hunger relief organizations to respond to emerging opportunities and targeted community needs, especially in communities of color and tribal communities. The department may retain up to five percent of these funds each year for administration, operations, and compliance oversight.
(8) $4,000,000 of the general fundstate appropriation for fiscal year 2022 and $4,000,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for the department to implement the emergency food assistance program. The department may retain up to five percent of these funds each year for administration, operations, and compliance oversight.
(9) $1,400,000 of the model toxics control operating accountstate appropriation is provided solely for research grants to assist with development of an integrated pest management plan to find a suitable replacement for imidacloprid to address burrowing shrimp in Willapa bay and Grays harbor and facilitate continued shellfish cultivation on tidelands. In selecting research grant recipients for this purpose, the department must incorporate the advice of the Willapa-Grays harbor working group formed from the settlement agreement with the department of ecology signed on October 15, 2019. Up to eight percent of the total amount provided may be used by the departments of agriculture, commerce, ecology, and natural resources to cover overhead expenses relating to their continued participation in the working group for the 2021-2023 fiscal biennium.
(10) $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 the implementation of Engrossed Second Substitute Senate Bill No. 5141 (environmental justice task force recommendations). If the bill is not enacted by June 30, 2021, the amounts provided in this subsection shall lapse.
(11) $103,000 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 the implementation of Second Substitute Senate Bill No. 5253 (pollinator health). If the bill is not enacted by June 30, 2021, the amounts provided in this subsection shall lapse.
(12) $2,000,000 of the general fundfederal appropriation, not to exceed the amount appropriated in section 11, chapter 3, Laws of 2021, that were unobligated at the end of fiscal year 2021, is provided solely to assist hunger relief organizations to achieve food security and is subject to the same terms and conditions as the appropriation in section 11, chapter 3, Laws of 2021.
(End of part)
PART IV
TRANSPORTATION
NEW SECTION.  Sec. 401. FOR THE DEPARTMENT OF LICENSING
General FundState Appropriation (FY 2022)
. . . .
$2,861,000
General FundState Appropriation (FY 2023)
. . . .
$2,583,000
Architects' License AccountState Appropriation
. . . .
$1,380,000
Real Estate Commission AccountState Appropriation
. . . .
$13,188,000
Uniform Commercial Code AccountState Appropriation
. . . .
$3,107,000
Real Estate Education Program AccountState
Appropriation
. . . .
$276,000
Real Estate Appraiser Commission AccountState
Appropriation
. . . .
$1,818,000
Business and Professions AccountState Appropriation
. . . .
$24,801,000
Real Estate Research AccountState Appropriation
. . . .
$415,000
Firearms Range AccountState Appropriation
. . . .
$74,000
Landscape Architects' License AccountState
Appropriation
. . . .
$80,000
Appraisal Management Company AccountState
Appropriation
. . . .
$256,000
Concealed Pistol License Renewal Notification
AccountState Appropriation
. . . .
$140,000
Geologists' AccountState Appropriation
. . . .
$149,000
Derelict Vessel Removal AccountState Appropriation
. . . .
$33,000
Professional Engineers' AccountState Appropriation
. . . .
($4,000)
TOTAL APPROPRIATION
. . . .
$51,157,000
The appropriations in this section are subject to the following conditions and limitations:
(1) Appropriations provided for the business and technology modernization project in this section are subject to the conditions, limitations, and review provided in section 701 of this act.
(2) $140,000 of the concealed pistol license renewal notification accountstate appropriation and $74,000 of the firearms range account—state appropriation are provided solely to implement chapter 74, Laws of 2017 (concealed pistol license).
(3) $25,000 of the general fund—state appropriation, $13,000 of the architects' license account—state appropriation, $121,000 of the real estate commission account—state appropriation, $22,000 of the uniform commercial code account—state appropriation, $16,000 of the real estate appraiser commission account—state appropriation, and $227,000 of the business and professions account—state appropriation are provided solely for the department to redesign and improve its online services and website, and are subject to the conditions, limitations, and review requirements of section 701 of this act.
(4) The department shall inventory all business and professions fees and associated accounts including identification of all fees paid into each account, the amount and timing of the last fee increase, the estimated expenditures necessary to administer each fee based program, and the projected fee changes necessary to ensure positive account balances for each business and professions program account. The projection should include the period beginning with the 2021-2023 fiscal biennium through the 2025-2027 biennium. A report to the governor and legislature is due December 1, 2021.
(5) $157,000 of the uniform commercial code accountstate appropriation is provided solely to implement Engrossed Substitute Senate Bill No. 5355 (wage liens). If the bill is not enacted by June 30, 2021, the amount provided in this subsection shall lapse.
(6) $267,000 of the real estate commission accountstate appropriation is provided solely to implement Substitute Senate Bill No. 5378 (real estate broker renewal). If the bill is not enacted by June 30, 2021, the amount provided in this subsection shall lapse.
(7) $808,000 of the general fundstate appropriation for fiscal year 2022 and $551,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for the continued implementation of the legacy firearms system until the modernization project is completed.
NEW SECTION.  Sec. 402. FOR THE WASHINGTON STATE PATROL
General FundState Appropriation (FY 2022)
. . . .
$58,457,000
General FundState Appropriation (FY 2023)
. . . .
$58,346,000
General FundFederal Appropriation
. . . .
$16,707,000
General FundPrivate/Local Appropriation
. . . .
$3,091,000
Death Investigations AccountState Appropriation
. . . .
$7,906,000
County Criminal Justice Assistance AccountState
Appropriation
. . . .
$4,533,000
Municipal Criminal Justice Assistance AccountState
Appropriation
. . . .
$1,637,000
Fire Service Trust AccountState Appropriation
. . . .
$131,000
Vehicle License Fraud AccountState Appropriation
. . . .
$119,000
Disaster Response AccountState Appropriation
. . . .
$8,000,000
Fire Service Training AccountState Appropriation
. . . .
$12,297,000
Model Toxics Control Operating AccountState
Appropriation
. . . .
$567,000
Fingerprint Identification AccountState
Appropriation
. . . .
$12,617,000
Dedicated Marijuana AccountState Appropriation
(FY 2022)
. . . .
$2,413,000
Dedicated Marijuana AccountState Appropriation
(FY 2023)
. . . .
$2,434,000
Washington Internet Crimes Against Children Account
State Appropriation
. . . .
$1,000,000
TOTAL APPROPRIATION
. . . .
$190,255,000
The appropriations in this section are subject to the following conditions and limitations:
(1) $8,000,000 of the disaster response accountstate appropriation is provided solely for Washington state fire service resource mobilization costs incurred in response to an emergency or disaster authorized under RCW 43.43.960 through 43.43.964. The state patrol shall submit a report quarterly to the office of financial management and the legislative fiscal committees detailing information on current and planned expenditures from this account. This work shall be done in coordination with the military department.
(2) $2,421,000 of the dedicated marijuana accountstate appropriation for fiscal year 2022 and $2,425,000 of the dedicated marijuana accountstate appropriation for fiscal year 2023 are provided solely for the Washington state patrol to partner with multi-jurisdictional drug and gang task forces to detect, deter, and dismantle criminal organizations involved in criminal activity including diversion of marijuana from the legalized market and the illicit production and distribution of marijuana and marijuana-related products in Washington state.
(3) $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 addressing a backlog of toxicology tests in the toxicology laboratory.
(4) $356,000 of the general fundstate appropriation for fiscal year 2022, $356,000 of the general fundstate appropriation for fiscal year 2023, and $298,000 of the death investigations accountstate appropriations are provided solely for increased supply and maintenance costs for the crime laboratory division and toxicology laboratory division.
(5) $510,000 of the county criminal justice assistance accountstate appropriation is provided solely for the Washington state patrol to support local police, sheriffs' departments, and multiagency task forces in the prosecution of criminals. However, the office of financial management must reduce the allotment of the amount provided in this subsection if allotment of the full appropriation will put the account into deficit.
(6)(a) $700,000 of the fire service training accountstate appropriation is provided solely for the firefighter apprenticeship training program.
(b) The joint apprenticeship training committee shall submit a report to the fiscal committees of the legislature by December 1, 2022, describing how the funding appropriated in this section was spent during the biennium. At a minimum, the report shall include information about the number of individuals that completed the training, the level of training or type of training being taught, the total cost of training everyone through completion, the percentage of passage rate for trainees, and the geographic location of the fire department sponsoring the trainee.
(7) $316,000 of the general fundstate appropriation for fiscal year 2023 and $1,000,000 of the Washington internet crimes against children accountstate appropriation are provided solely for the missing and exploited children's task force within the patrol to help prevent possible abuse to children and other vulnerable citizens from sexual abuse.
(8) $1,000 of the general fundstate appropriation for fiscal year 2022 is provided solely for the implementation of Substitute Senate Bill No. 5055 (law enforcement grievances), which changes methods for selecting an arbitrator for labor disputes involving law enforcement disciplinary matters. If the bill is not enacted by June 30, 2021, the amounts provided in this subsection shall lapse.
(9) $1,334,000 of the general fundstate appropriation for fiscal year 2022 is provided solely for facility and staff costs associated with construction of a second toxicology laboratory facility in Federal Way. The Washington state patrol must provide a report on the progress of the toxicology lab construction semiannually to the fiscal committees of the legislature with a final report due 90 days after completion of the project. The report must include, but is not limited to:
(a) A detailed list of expenditures so far;
(b) A detailed list of expenditure yet to be made before the completion of the project;
(c) An updated project timeline with expected end date; and
(d) Other project details that the Washington state patrol finds important to relay.
(10) $213,000 of the general fundstate appropriation for fiscal year 2022 is provided solely for the Washington state patrol to outsource death investigation cases to reduce the current backlog of cases awaiting toxicology testing.
(End of part)
PART V
EDUCATION
NEW SECTION.  Sec. 501. FOR THE SUPERINTENDENT OF PUBLIC INSTRUCTION
General FundState Appropriation (FY 2022)
. . . .
$29,067,000
General FundState Appropriation (FY 2023)
. . . .
$29,000,000
General FundFederal Appropriation
. . . .
$105,917,000
General FundPrivate/Local Appropriation
. . . .
$8,060,000
Washington Opportunity Pathways AccountState
Appropriation
. . . .
$265,000
Dedicated Marijuana AccountState Appropriation
(FY 2022)
. . . .
$520,000
Dedicated Marijuana AccountState Appropriation
(FY 2023)
. . . .
$533,000
Performance Audits of Government AccountState
Appropriation
. . . .
$213,000
Workforce Education Investment AccountState
Appropriation
. . . .
$3,812,000
Elementary and Secondary School Emergency Relief
IIIFederal Appropriation
. . . .
$4,631,000
TOTAL APPROPRIATION
. . . .
$182,018,000
The appropriations in this section are subject to the following conditions and limitations:
(1) BASE OPERATIONS AND EXPENSES OF THE OFFICE
(a) $13,514,000 of the general fundstate appropriation for fiscal year 2022 and $13,521,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for the operation and expenses of the office of the superintendent of public instruction.
(i) The superintendent shall recognize the extraordinary accomplishments of four students who have demonstrated a strong understanding of the civics essential learning requirements to receive the Daniel J. Evans civic education award.
(ii) Districts shall report to the office of the superintendent of public instruction daily student unexcused absence data by school, using a uniform definition of unexcused absence as established by the superintendent.
(iii) By October 31st of each year, the office of the superintendent of public instruction shall produce an annual status report on implementation of the budget provisos in section 501, chapter 415, Laws of 2019 and sections 513 and 520 of this act. The status report of each proviso shall include, but not be limited to, the following information: Purpose and objective, number of state staff funded by the proviso, number of contractors, status of proviso implementation, number of beneficiaries by year, list of beneficiaries, a comparison of budgeted funding and actual expenditures, other sources and amounts of funding, and proviso outcomes and achievements.
(iv) The superintendent of public instruction, in consultation with the secretary of state, shall update the program prepared and distributed under RCW 28A.230.150 for the observation of temperance and good citizenship day to include providing an opportunity for eligible students to register to vote at school.
(v) Districts shall annually report to the office of the superintendent of public instruction on: (A) The annual number of graduating high school seniors within the district earning the Washington state seal of biliteracy provided in RCW 28A.300.575; and (B) the number of high school students earning competency-based high school credits for world languages by demonstrating proficiency in a language other than English. The office of the superintendent of public instruction shall provide a summary report to the office of the governor and the appropriate committees of the legislature by December 1st of each year.
(vi) The office of the superintendent of public instruction shall provide statewide oversight and coordination to the regional nursing corps program supported through the educational service districts.
(b) $1,217,000 of the general fundstate appropriation for fiscal year 2022 and $1,217,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for maintenance of the apportionment system, including technical staff and the data governance working group.
(c) $494,000 of the general fundstate appropriation for fiscal year 2022 and $494,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for the implementation of chapter 240, Laws of 2010, including staffing the office of equity and civil rights.
(d) $61,000 of the general fundstate appropriation for fiscal year 2022 and $61,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for the ongoing work of the education opportunity gap oversight and accountability committee.
(e) $61,000 of the general fundstate appropriation for fiscal year 2022 and $61,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for the implementation of chapter 380, Laws of 2009 (enacting the interstate compact on educational opportunity for military children).
(f) $266,000 of the Washington opportunity pathways accountstate appropriation is provided solely for activities related to public schools other than common schools authorized under chapter 28A.710 RCW.
(g) Within amounts appropriated in this section, the office of the superintendent of public instruction and the state board of education shall adopt a rule that the minimum number of students to be used for public reporting and federal accountability purposes is ten.
(h) $123,000 of the general fundstate appropriation for fiscal year 2022 and $123,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for implementation of chapter 163, Laws of 2012 (foster care outcomes). The office of the superintendent of public instruction shall annually report each December on the implementation of the state's plan of cross-system collaboration to promote educational stability and improve education outcomes of foster youth.
(i) $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 chapter 178, Laws of 2012 (open K-12 education resources).
(j) $14,000 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 implementation of chapter 242, Laws of 2013 (state-tribal education compacts).
(k) $131,000 of the general fundstate appropriation for fiscal year 2022, $131,000 of the general fundstate appropriation for fiscal year 2023, and $210,000 of the performance audits of government accountstate appropriation are provided solely for the office of the superintendent of public instruction to perform on-going program reviews of alternative learning experience programs, dropout reengagement programs, and other high risk programs. Findings from the program reviews will be used to support and prioritize the office of the superintendent of public instruction outreach and education efforts that assist school districts in implementing the programs in accordance with statute and legislative intent, as well as to support financial and performance audit work conducted by the office of the state auditor.
(l) $117,000 of the general fundstate appropriation for fiscal year 2022 and $117,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for implementation of chapter 3, Laws of 2015 1st sp. sess. (computer science).
(m) $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 chapter 237, Laws of 2017 (paraeducators).
(n) $385,000 of the general fundstate appropriation for fiscal year 2022 and $385,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for the office of native education to increase services to tribes, including but not limited to, providing assistance to tribes and school districts to implement Since Time Immemorial, applying to become tribal compact schools, convening the Washington state native American education advisory committee, and extending professional learning opportunities to provide instruction in tribal history, culture, and government. The professional development must be done in collaboration with school district administrators and school directors. Funding in this subsection is sufficient for the office, the Washington state school directors' association government-to-government task force, and the association of educational service districts to collaborate with the tribal leaders congress on education to develop a tribal consultation training and schedule. The tribal consultation training and schedule must be developed by January 1, 2022.
(o) $205,000 of the general fundstate appropriation for fiscal year 2022 and $205,000 of the general fundstate appropriation for fiscal year 2023 are provided solely to promote the financial literacy of students. The effort will be coordinated through the financial literacy public-private partnership.
(p) $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 staff at the office of the superintendent of public instruction to coordinate and promote efforts to develop integrated math, science, technology, and engineering programs in schools and districts across the state.
(q) $481,000 of the general fundstate appropriation for fiscal year 2022 and $481,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for additional full-time equivalent staff to support the work of the safety net committee and to provide training and support to districts applying for safety net awards.
(r) Districts shall report to the office the results of each collective bargaining agreement for certificated staff within their district using a uniform template as required by the superintendent, within thirty days of finalizing contracts. The data must include but is not limited to: Minimum and maximum base salaries, supplemental salary information, and average percent increase for all certificated instructional staff. Within existing resources by December 1st of each year, the office shall produce a report for the legislative evaluation and accountability program committee summarizing the district level collective bargaining agreement data.
(s) $310,000 of the general fundstate appropriation for fiscal year 2022 and $249,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for the development and implementation of a language access technical assistance program for school districts and to reconvene the work group created in chapter 256, Laws of 2019. The activities of and resources provided by the language access technical assistance program must align with the recommendations in the October 2020 report from the language access work group in order to improve awareness and fulfillment of language access rights for families in educational settings. The workgroup under this subsection shall, by December 1, 2021, report to the appropriate committees of the legislature recommendations for standards, training, testing, and credentialing for spoken and sign language interpreters for students' families and for collecting information related to language access services in schools and school districts. The report shall include, at a minimum, information regarding the different languages in which students and students' families prefer to communicate by each school district.
(t) $200,000 of the general fundstate appropriation for fiscal year 2022 and $200,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for the office to provide statewide coordination towards multicultural, culturally responsive, and anti-racist education to support academically, socially, and culturally literate learners. The office must meaningfully engage community members and key stakeholders to develop a clear definition and framework for African American studies to guide instruction in grades seven through twelve, develop a plan for aligning African American studies across all content areas, and identify professional development opportunities for educators and administrators to build capacity in creating high-quality learning environments centered in belonging and racial equity, anti-racist approaches, and asset-based methodologies that pull from all students' cultural funds of knowledge.
(u) $4,631,000 of the elementary and secondary school emergency relief III accountfederal appropriation is provided solely for the office to update the apportionment and accounting systems and to oversee grant administration. The office shall contract with an organization which specializes in developing tools to combine internal and external data sets and provide data analytics and visualizations and custom workflows to match existing data processes, without requiring data science or technical expertise by the end user to provide accurate reporting and accountability regarding use of federal emergency relief funds. The organization must have demonstrated experience providing such tools to state education agencies in the past five years. The contract must provide access to the developed tools to the state education agency, selected educational service districts, and up to five local education agencies.
(2) DATA SYSTEMS
(a) $1,802,000 of the general fundstate appropriation for fiscal year 2022 and $1,802,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for implementing a comprehensive data system to include financial, student, and educator data, including development and maintenance of the comprehensive education data and research system (CEDARS).
(b) $281,000 of the general fundstate appropriation for fiscal year 2022 and $281,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for K-20 telecommunications network technical support in the K-12 sector to prevent system failures and avoid interruptions in school utilization of the data processing and video-conferencing capabilities of the network. These funds may be used to purchase engineering and advanced technical support for the network.
(c) $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 for the superintendent of public instruction to develop and implement a statewide accountability system to address absenteeism and to improve student graduation rates. The system must use data to engage schools and districts in identifying successful strategies and systems that are based on federal and state accountability measures. Funding may also support the effort to provide assistance about successful strategies and systems to districts and schools that are underperforming in the targeted student subgroups.
(3) WORK GROUPS
(a) $335,000 of the general fundstate appropriation for fiscal year 2022 and $335,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for implementation of chapter 206, Laws of 2018 (career and college readiness).
(b) $200,000 of the general fundstate appropriation for fiscal year 2022 and $200,000 of the general fundstate appropriation for fiscal year 2023 are provided for the office of the superintendent of public instruction to meet statutory obligations related to the provision of medically and scientifically accurate, age-appropriate, and inclusive sexual health education as authorized by chapter 206, Laws of 1988 (AIDS omnibus act) and chapter 265, Laws of 2007 (healthy youth act).
(c) $118,000 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 chapter 75, Laws of 2018 (dyslexia).
(d) $200,000 of the general fundstate appropriation for fiscal year 2022 and $200,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for implementation of chapter 386, Laws of 2019 (social emotional learning).
(e) $107,000 of the general fundstate appropriation for fiscal year 2022 and $107,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for the office to support the children and youth behavioral health work group created in chapter 130, Laws of 2020 (child. mental health wk. grp).
(f) $130,000 of the general fund—state appropriation for fiscal year 2022 and $130,000 of the general fund—state appropriation for fiscal year 2023 are provided solely for the office of the superintendent of public instruction to collaborate with the department of children, youth, and families to complete a report with options and recommendations for administrative efficiencies and long-term strategies that align and integrate high-quality early learning programs administered by both agencies. The report, due September 1, 2022, shall address capital needs, data collection and data sharing, licensing changes, quality standards, options for community-based and school-based settings, fiscal modeling, any statutory changes needed to achieve administrative efficiencies.
(g) $275,000 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 to convene a K-12 basic education compensation advisory committee to develop recommendations to the governor and the legislature that supports recruiting and retaining a multicultural and multilingual educator workforce.
(i) Recommendations must include but are not limited to:
(A) Compensation updates to K-12 basic education salaries based on a comparable wage data analysis;
(B) Updates to regionalization data, including consideration of a hedonic wage model and other improvements to better reflect regional differences, address differences in recruiting and retention, incorporate data from neighboring communities in other states where appropriate, and mitigate boundary effects of regionalization policies;
(C) Adjustments to inflationary factors used in state budgeting if the inflation documented through the comparable wage analysis is significantly different than the inflation that had been funded in state budgets since the last comparable wage analysis;
(D) Analysis of workforce needs, including identification of hard to recruit/retain positions and strategies to address those workforce needs;
(E) Compensation adjustments to promote equity considerations, which could include additional compensation to attract and retain educators in school districts with fewer resources from combined state and local dollars per student, adjustments to institutional education compensation, and additional compensation tied to complex need factors of schools; and
(F) Additional compensation targeted to recruit and retain a more diverse workforce and to recognize the additional work of educators who serve on multiple committees and assume mentoring responsibilities to support new educators and students.
(ii) The advisory committee shall consist of:
(A) The superintendent of public instruction, or their designee to serve as chair of the committee; and
(B) Twelve members, appointed by the superintendent, after consulting with the state ethnic commissions, who represent African American, Hispanic American, Asian American, and Pacific Islander American populations, comprised of representatives from organizations that represent the following groups:
(I) One representing school administrators;
(II) One representing school business officials;
(III) One representing school district human resources professionals;
(IV) Three representing teachers and educational staff associates;
(V) Three representing classified staff;
(VI) One representing parents;
(VII) One representing students; and
(VIII) A representative of federally recognized Indian tribes whose traditional lands and territories lie within the borders of Washington state, designated by the federally recognized tribes.
(4) STATEWIDE PROGRAMS
(a) $2,590,000 of the general fundstate appropriation for fiscal year 2022 and $2,590,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for the Washington kindergarten inventory of developing skills. State funding shall support statewide administration and district implementation of the inventory under RCW 28A.655.080.
(b) $703,000 of the general fundstate appropriation for fiscal year 2022 and $703,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for implementation of chapter 72, Laws of 2016 (educational opportunity gap).
(c) $950,000 of the general fundstate appropriation for fiscal year 2022 and $950,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for the Washington reading corps. The superintendent shall allocate reading corps members to schools identified for comprehensive or targeted support and school districts that are implementing comprehensive, proven, research-based reading programs. Two or more schools may combine their Washington reading corps programs.
(d) $10,000 of the general fundstate appropriation for fiscal year 2022 and $10,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for chapter 102, Laws of 2014 (biliteracy seal).
(e)(i) $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 school bullying and harassment prevention activities.
(ii) $15,000 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 implementation of chapter 240, Laws of 2016 (school safety).
(iii) $570,000 of the general fundstate appropriation for fiscal year 2022 and $570,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for the office of the superintendent of public instruction to provide statewide support and coordination for the regional network of behavioral health, school safety, and threat assessment established in chapter 333, Laws of 2019 (school safety and well-being). Within the amounts appropriated in this subsection (4)(e)(iii), $200,000 of the general fundstate appropriation for fiscal year 2022 is provided solely for grants to schools or school districts for planning and integrating tiered suicide prevention and behavioral health supports. Grants must be awarded first to districts demonstrating the greatest need and readiness. Grants may be used for intensive technical assistance and training, professional development, and evidence-based suicide prevention training.
(iv) $196,000 of the general fundstate appropriation for fiscal year 2022 and $196,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for the school safety center within the office of the superintendent of public instruction.
(A) Within the amounts provided in this subsection (4)(e)(iv), $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 school safety program to provide school safety training for all school administrators and school safety personnel. The school safety center advisory committee shall develop and revise the training program, using the best practices in school safety.
(B) Within the amounts provided in this subsection (4)(e)(iv), $96,000 of the general fundstate appropriation for fiscal year 2022 and $96,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for administration of the school safety center. The safety center shall act as an information dissemination and resource center when an incident occurs in a school district in Washington or in another state, coordinate activities relating to school safety, review and approve manuals and curricula used for school safety models and training, and maintain a school safety information web site.
(f)(i) $162,000 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 youth suicide prevention activities.
(ii) $76,000 of the general fundstate appropriation for fiscal year 2022 and $76,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for implementation of chapter 64, Laws of 2018 (sexual abuse of students).
(g)(i) $280,000 of the general fundstate appropriation for fiscal year 2022, $280,000 of the general fundstate appropriation for fiscal year 2023, and $1,060,000 of the dedicated marijuana accountstate appropriation are provided solely for dropout prevention, intervention, and reengagement programs, including the jobs for America's graduates (JAG) program, dropout prevention programs that provide student mentoring, and the building bridges statewide program. Students in the foster care system or who are homeless shall be given priority by districts offering the jobs for America's graduates program. The office of the superintendent of public instruction shall convene staff representatives from high schools to meet and share best practices for dropout prevention. Of these amounts, $530,000 of the dedicated marijuana accountstate appropriation for fiscal year 2022, and $530,000 of the dedicated marijuana accountstate appropriation for fiscal year 2023 are provided solely for the building bridges statewide program.
(ii) $293,000 of the general fundstate appropriation for fiscal year 2022 and $293,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for the office of the superintendent of public instruction to support district implementation of comprehensive guidance and planning programs in support of high-quality high school and beyond plans consistent with RCW 28A.230.090.
(iii) $178,000 of the general fundstate appropriation for fiscal year 2022 and $178,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for implementation of chapter 291, Laws of 2017 (truancy reduction efforts).
(h) Sufficient amounts are appropriated in this section for the office of the superintendent of public instruction to create a process and provide assistance to school districts in planning for future implementation of the summer knowledge improvement program grants.
(i) $358,000 of the general fundstate appropriation for fiscal year 2022 and $358,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for the implementation of chapter 221, Laws of 2019 (CTE course equivalencies).
(j) $196,000 of the general fundstate appropriation for fiscal year 2022 and $196,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for the implementation of chapter 252, Laws of 2019 (high school graduation reqs.).
(k) $60,000 of the general fundstate appropriation for fiscal year 2022, $60,000 of the general fundstate appropriation for fiscal year 2023, and $680,000 of the general fundfederal appropriation are provided solely for the implementation of chapter 295, Laws of 2019 (educator workforce supply). Of the amounts provided in this subsection, $680,000 of the general fundfederal appropriation is provided solely for title II SEA state-level activities to implement section 103, chapter 295, Laws of 2019 relating to the regional recruiters program.
(l) $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 tribal liaison at the office of the superintendent of public instruction to facilitate access to and support enrollment in career connected learning opportunities for tribal students, including career awareness and exploration, career preparation, and career launch programs, as defined in RCW 28C.30.020, so that tribal students may receive high school or college credit to the maximum extent possible.
(m) $57,000 of the general fundstate appropriation for fiscal year 2022 and $57,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for implementation of chapter 288, Laws of 2020 (school meals at no cost).
(n) $269,000 of the general fundstate appropriation for fiscal year 2022 and $142,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for implementation of chapter 353, Laws of 2020 (innovative learning pilot).
(o) $27,000 of the general fundstate appropriation for fiscal year 2022 is provided solely for implementation of Substitute Senate Bill No. 5030 (school counseling programs). If the bill is not enacted by June 30, 2021, the amount provided in this subsection shall lapse.
(p) $30,000 of the general fundstate appropriation for fiscal year 2022 is provided solely for implementation of Engrossed Substitute Senate Bill No. 5044 (schools/equity training). If the bill is not enacted by June 30, 2021, the amount provided in this subsection shall lapse.
(q) $33,000 of the general fundstate appropriation for fiscal year 2022 is provided solely for implementation of Senate Bill No. 5202 (school depreciation subfunds). If the bill is not enacted by June 30, 2021, the amount provided in this subsection shall lapse.
(r) $16,000 of the general fundstate appropriation for fiscal year 2022 and $16,000 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.
(5) CAREER CONNECTED LEARNING
(a) $850,000 of the workforce education investment accountstate appropriation is provided solely for expanding career connected learning as provided in RCW 28C.30.020.
(b) $960,000 of the workforce education investment accountstate appropriation is provided solely for increasing the funding per full-time equivalent for career launch programs as described in RCW 28A.700.130. In the 2021-2023 fiscal biennium, for career launch enrollment exceeding the funding provided in this subsection, funding is provided in section 503 of this act.
(c)(i) $2,000,000 of the workforce education investment accountstate appropriation is provided solely for regional apprenticeship pathways programs.
(ii) Of the amount provided in this subsection (5)(c), $500,000 of the workforce education investment accountstate appropriation is provided solely for the Federal Way school district to establish pre-apprenticeship pathways and career connected learning programs in the skilled trades in Federal Way and $1,500,000 of the workforce education investment accountstate appropriation is provided solely for the Marysville school district to collaborate with Arlington school district, Everett Community College, other local school districts, local labor unions, local Washington state apprenticeship and training council registered apprenticeship programs, and local industry groups to continue the regional apprenticeship pathways program.
NEW SECTION.  Sec. 502. FOR THE STATE BOARD OF EDUCATION
General FundState Appropriation (FY 2022)
. . . .
$1,501,000
General FundState Appropriation (FY 2023)
. . . .
$1,503,000
Washington Opportunity Pathways AccountState
Appropriation
. . . .
$322,000
TOTAL APPROPRIATION
. . . .
$3,326,000
The appropriations in this section are subject to the following conditions and limitations: $152,000 of the general fund—state appropriation for fiscal year 2022 and $138,000 of the general fund—state appropriation for fiscal year 2023 are provided solely to the state board of education for the following: Continuation of the mastery-based learning work group (chapter 252, Laws of 2019), expansion of ongoing pathways research, and rule making.
NEW SECTION.  Sec. 503. FOR THE PROFESSIONAL EDUCATOR STANDARDS BOARD
General FundState Appropriation (FY 2022)
. . . .
$16,627,000
General FundState Appropriation (FY 2023)
. . . .
$19,173,000
TOTAL APPROPRIATION
. . . .
$35,800,000
The appropriations in this section are subject to the following conditions and limitations:
(1) $1,638,000 of the general fundstate appropriation for fiscal year 2022 and $1,638,000 of the general fundstate appropriation for fiscal year 2023 are for the operation and expenses of the Washington professional educator standards board including implementation of chapter 172, Laws of 2017 (educator prep. data/PESB).
(2)(a) $600,000 of the general fund—state appropriation for fiscal year 2022 and $600,000 of the general fund—state appropriation for fiscal year 2023 are provided solely for grants to improve preservice teacher training and funding of alternate routes to certification programs administered by the professional educator standards board.
(b) Within the amounts provided in this subsection (2), up to $500,000 of the general fundstate appropriation for fiscal year 2022 and up to $500,000 of the general fundstate appropriation for fiscal year 2023 are provided for grants to public or private colleges of education in Washington state to develop models and share best practices for increasing the classroom teaching experience of preservice training programs.
(3) $622,000 of the general fundstate appropriation for fiscal year 2022 and $622,000 of the general fundstate appropriation for fiscal year 2023 are provided for the recruiting Washington teachers program with priority given to programs that support bilingual teachers, teachers from populations that are underrepresented, and English language learners. Of the amounts provided in this subsection (3), $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 implementation and expansion of the bilingual educator initiative pilot project established under RCW 28A.180.120.
(4) $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 implementation of chapter 295, Laws of 2019 (educator workforce supply).
(5) $13,499,000 of the general fundstate appropriation for fiscal year 2022 and $16,076,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for implementation of chapter 237, Laws of 2017 (paraeducators). Funding in this subsection is for grants to reimburse school districts that provide two days of training in the paraeducator certificate program during 2020-21 and the 2021-22 school years.
(a) Of the amounts provided in this subsection, $250,000 of the general fundstate appropriation for fiscal year 2022 is provided solely to develop an online course to train educators on effective community, family, and student engagement.
(6) $63,000 of the general fundstate appropriation for fiscal year 2022 is provided solely to develop standards for two specialty endorsements in computer science, one in elementary computer science and one in secondary computer science. The professional educator standards board shall consult with the superintendent of public instruction to confirm that the specialty endorsements reflect the appropriate content necessary to teach computer science in the classroom, as defined by the office of the superintendent of public instruction with industry input. The computer science specialty endorsements must be available to all certificated teachers who hold a valid license and who demonstrate sufficient content knowledge in computer science.
NEW SECTION.  Sec. 504. FOR THE SUPERINTENDENT OF PUBLIC INSTRUCTIONFOR GENERAL APPORTIONMENT
General FundState Appropriation (FY 2022)
. . . .
$10,205,206,000
General FundState Appropriation (FY 2023)
. . . .
$9,513,283,000
Education Legacy Trust AccountState Appropriation
. . . .
$1,198,115,000
Elementary and Secondary School Emergency Relief
IIIFederal Appropriation
. . . .
$9,700,000
TOTAL APPROPRIATION
. . . .
$20,926,304,000
The appropriations in this section are subject to the following conditions and limitations:
(1)(a) Each general fund fiscal year appropriation includes such funds as are necessary to complete the school year ending in the fiscal year and for prior fiscal year adjustments.
(b) For the 2021-22 and 2022-23 school years, the superintendent shall allocate general apportionment funding to school districts as provided in the funding formulas and salary allocations in sections 504 and 505 of this act, excluding (c) of this subsection.
(c) From July 1, 2021, to August 31, 2021, the superintendent shall allocate general apportionment funding to school districts programs as provided in sections 503 and 504, chapter 357, Laws of 2020, as amended.
(d) The enrollment of any district shall be the annual average number of full-time equivalent students and part-time students as provided in RCW 28A.150.350, enrolled on the fourth day of school in September and on the first school day of each month October through June, including students who are in attendance pursuant to RCW 28A.335.160 and 28A.225.250 who do not reside within the servicing school district. Any school district concluding its basic education program in May must report the enrollment of the last school day held in May in lieu of a June enrollment.
(e)(i) Funding provided in part V of this act is sufficient to provide each full-time equivalent student with the minimum hours of instruction required under RCW 28A.150.220.
(ii) The office of the superintendent of public instruction shall align the agency rules defining a full-time equivalent student with the increase in the minimum instructional hours under RCW 28A.150.220, as amended by the legislature in 2014.
(f) The superintendent shall adopt rules requiring school districts to report full-time equivalent student enrollment as provided in RCW 28A.655.210.
(g) For the 2021-22 and 2022-23 school years, school districts must report to the office of the superintendent of public instruction the monthly actual average district-wide class size across each grade level of kindergarten, first grade, second grade, and third grade classes. The superintendent of public instruction shall report this information to the education and fiscal committees of the house of representatives and the senate by September 30th of each year.
(2) CERTIFICATED INSTRUCTIONAL STAFF ALLOCATIONS
Allocations for certificated instructional staff salaries for the 2021-22 and 2022-23 school years are determined using formula-generated staff units calculated pursuant to this subsection.
(a) Certificated instructional staff units, as defined in RCW 28A.150.410, shall be allocated to reflect the minimum class size allocations, requirements, and school prototypes assumptions as provided in RCW 28A.150.260. The superintendent shall make allocations to school districts based on the district's annual average full-time equivalent student enrollment in each grade.
(b) Additional certificated instructional staff units provided in this subsection (2) that exceed the minimum requirements in RCW 28A.150.260 are enhancements outside the program of basic education, except as otherwise provided in this section.
(c)(i) The superintendent shall base allocations for each level of prototypical school, including those at which more than fifty percent of the students were eligible for free and reduced-price meals in the prior school year, on the following regular education average class size of full-time equivalent students per teacher, except as provided in (c)(ii) of this subsection:
General education class size:
 
 
 
Grade
2021-22
School Year
2022-23
School Year
Grade K
 
17.00
17.00
Grade 1
 
17.00
17.00
Grade 2
 
17.00
17.00
Grade 3
 
17.00
17.00
Grade 4
 
27.00
27.00
Grades 5-6
 
27.00
27.00
Grades 7-8
 
28.53
28.53
Grades 9-12
 
28.74
28.74
The superintendent shall base allocations for: Laboratory science average class size as provided in RCW 28A.150.260; career and technical education (CTE) class size of 23.0; and skill center program class size of 20.0.
(ii) Pursuant to RCW 28A.150.260(4)(a), the assumed teacher planning period, expressed as a percentage of a teacher work day, is 13.42 percent in grades K-6, and 16.67 percent in grades 7-12; and
(iii) Advanced placement and international baccalaureate courses are funded at the same class size assumptions as general education schools in the same grade; and
(d)(i) Funding for teacher librarians, school nurses, social workers, school psychologists, and guidance counselors is allocated based on the school prototypes as provided in RCW 28A.150.260 and is considered certificated instructional staff, except as provided in (d)(ii) of this subsection.
(ii)(A) For the twenty schools with the lowest overall school score for all students in the 2018-19 school year, as determined by the Washington school improvement framework among elementary schools, middle schools, and other schools not serving students up to twelfth grade, having enrollments greater than one hundred fifty students, in addition to the allocation under (d)(i) of this subsection the superintendent shall allocate additional funding for guidance counselors for each level of prototypical school in the 2021-22 school year as follows:
 
Elementary
Middle
Guidance counselors
0.307
0.512
To receive additional allocations under this subsection (2)(d)(ii)(A), a school eligible to receive the allocation must have demonstrated actual staffing for guidance counselors for its prototypical school level that meets or exceeds the staffing for guidance counselors in (d)(i) of this subsection and this subsection (2)(d)(ii)(A) for its prototypical school level. School districts must distribute the additional guidance counselors allocation in this subsection to the schools that generate the allocation. The enhancement within this subsection is not part of the state's program of basic education.
(B) For qualifying high-poverty elementary schools in the 2022-23 school year, at which more than 50 percent of the students were eligible for free and reduced-price meals in the prior school year, in addition to the allocation under (d)(i) of this subsection, the superintendent shall allocate additional funding for guidance counselors for each level of prototypical school as follows:
 
Elementary
 
Guidance counselors
0.500
 
(C) Students in approved career and technical education and skill center programs generate certificated instructional staff units to provide for the services of teacher librarians, school nurses, social workers, school psychologists, and guidance counselors at the following combined rate per 1000 student full-time equivalent enrollment:
 
2021-22
School Year
2022-23
School Year
Career and Technical Education
3.07
3.07
Skill Center
3.41
3.41
(3) ADMINISTRATIVE STAFF ALLOCATIONS
(a) Allocations for school building-level certificated administrative staff salaries for the 2021-22 and 2022-23 school years for general education students are determined using the formula generated staff units calculated pursuant to this subsection. The superintendent shall make allocations to school districts based on the district's annual average full-time equivalent enrollment in each grade. The following prototypical school values shall determine the allocation for principals, assistant principals, and other certificated building level administrators:
Prototypical School Building:
 
 
Elementary School
 
1.253
Middle School
 
1.353
High School
 
1.880
(b) Students in approved career and technical education and skill center programs generate certificated school building-level administrator staff units at per student rates that are a multiple of the general education rate in (a) of this subsection by the following factors:
Career and Technical Education students. . . .1.025
Skill Center students. . . .1.198
(4) CLASSIFIED STAFF ALLOCATIONS
Allocations for classified staff units providing school building-level and district-wide support services for the 2021-22 and 2022-23 school years are determined using the formula-generated staff units provided in RCW 28A.150.260 and pursuant to this subsection, and adjusted based on each district's annual average full-time equivalent student enrollment in each grade.
(5) CENTRAL OFFICE ALLOCATIONS
In addition to classified and administrative staff units allocated in subsections (3) and (4) of this section, classified and administrative staff units are provided for the 2021-22 and 2022-23 school years for the central office administrative costs of operating a school district, at the following rates:
(a) The total central office staff units provided in this subsection (5) are calculated by first multiplying the total number of eligible certificated instructional, certificated administrative, and classified staff units providing school-based or district-wide support services, as identified in RCW 28A.150.260(6)(b) and the increased allocations provided pursuant to subsections (2) and (4) of this section, by 5.3 percent.
(b) Of the central office staff units calculated in (a) of this subsection, 74.53 percent are allocated as classified staff units, as generated in subsection (4) of this section, and 25.48 percent shall be allocated as administrative staff units, as generated in subsection (3) of this section.
(c) Staff units generated as enhancements outside the program of basic education to the minimum requirements of RCW 28A.150.260, and staff units generated by skill center and career-technical students, are excluded from the total central office staff units calculation in (a) of this subsection.
(d) For students in approved career-technical and skill center programs, central office classified units are allocated at the same staff unit per student rate as those generated for general education students of the same grade in this subsection (5), and central office administrative staff units are allocated at staff unit per student rates that exceed the general education rate established for students in the same grade in this subsection (5) by 12.52 percent in the 2021-22 school year and 12.54 percent in the 2022-23 school year for career and technical education students, and 17.86 percent in the 2021-22 school year and 17.87 percent in the 2022-23 school year for skill center students.
(6) FRINGE BENEFIT ALLOCATIONS
Fringe benefit allocations shall be calculated at a rate of 22.71 percent in the 2021-22 school year and 22.71 percent in the 2022-23 school year for certificated salary allocations provided under subsections (2), (3), and (5) of this section, and a rate of 22.75 percent in the 2021-22 school year and 22.75 percent in the 2022-23 school year for classified salary allocations provided under subsections (4) and (5) of this section.
(7) INSURANCE BENEFIT ALLOCATIONS
Insurance benefit allocations shall be calculated at the rates specified in section 506 of this act, based on the number of benefit units determined as follows: Except for nonrepresented employees of educational service districts, the number of calculated benefit units determined below. Calculated benefit units are staff units multiplied by the benefit allocation factors established in the collective bargaining agreement referenced in section 942 of this act. These factors are intended to adjust allocations so that, for the purpose of distributing insurance benefits, full-time equivalent employees may be calculated on the basis of 630 hours of work per year, with no individual employee counted as more than one full-time equivalent. The number of benefit units is determined as follows:
(a) The number of certificated staff units determined in subsections (2), (3), and (5) of this section multiplied by 1.02; and
(b) The number of classified staff units determined in subsections (4) and (5) of this section multiplied by 1.43.
(8) MATERIALS, SUPPLIES, AND OPERATING COSTS (MSOC) ALLOCATIONS
Funding is allocated per annual average full-time equivalent student for the materials, supplies, and operating costs (MSOC) incurred by school districts, consistent with the requirements of RCW 28A.150.260.
(a)(i) MSOC funding for general education students are allocated at the following per student rates:
MSOC RATES/STUDENT FTE
 
MSOC Component
2021-22
School Year
2022-23
School Year
 
 
 
Technology
$140.84
$143.10
Utilities and Insurance
$382.70
$388.82
Curriculum and Textbooks
$151.22
$153.64
Other Supplies
$299.50
$304.29
Library Materials
$21.54
$21.89
Instructional Professional Development for Certificated
and Classified Staff
$23.39
$23.76
Facilities Maintenance
$189.59
$192.62
Security and Central Office
$131.35
$133.45
TOTAL MSOC/STUDENT FTE
$1,340.13
$1,361.57
(ii) For the 2021-22 school year and 2022-23 school year, as part of the budget development, hearing, and review process required by chapter 28A.505 RCW, each school district must disclose: (A) The amount of state funding to be received by the district under (a) and (d) of this subsection (8); (B) the amount the district proposes to spend for materials, supplies, and operating costs; (C) the difference between these two amounts; and (D) if (A) of this subsection (8)(a)(ii) exceeds (B) of this subsection (8)(a)(ii), any proposed use of this difference and how this use will improve student achievement.
(b) Students in approved skill center programs generate per student FTE MSOC allocations of $1,585.55 for the 2021-22 school year and $1,610.92 for the 2022-23 school year.
(c) Students in approved exploratory and preparatory career and technical education programs generate per student FTE MSOC allocations of $1,585.55 for the 2021-22 school year and $1,610.92 for the 2022-23 school year.
(d) Students in grades 9-12 generate per student FTE MSOC allocations in addition to the allocations provided in (a) through (c) of this subsection at the following rate:
MSOC Component
2021-22
School Year
2022-23
School Year
Technology
$40.50
$41.15
Curriculum and Textbooks
$44.18
$44.89
Other Supplies
$86.06
$87.43
Library Materials
$5.99
$6.09
Instructional Professional Development for Certified
and Classified Staff
$7.36
$7.48
TOTAL GRADE 9-12 BASIC EDUCATION MSOC/STUDENT FTE
$184.09
$187.04
(9) SUBSTITUTE TEACHER ALLOCATIONS
For the 2021-22 and 2022-23 school years, funding for substitute costs for classroom teachers is based on four (4) funded substitute days per classroom teacher unit generated under subsection (2) of this section, at a daily substitute rate of $151.86.
(10) ALTERNATIVE LEARNING EXPERIENCE PROGRAM FUNDING
(a) Amounts provided in this section from July 1, 2021, to August 31, 2021, are adjusted to reflect provisions of chapter 357, Laws of 2020, as amended (allocation of funding for students enrolled in alternative learning experiences).
(b) The superintendent of public instruction shall require all districts receiving general apportionment funding for alternative learning experience (ALE) programs as defined in WAC 392-121-182 to provide separate financial accounting of expenditures for the ALE programs offered in district or with a provider, including but not limited to private companies and multidistrict cooperatives, as well as accurate, monthly headcount and FTE enrollment claimed for basic education, including separate counts of resident and nonresident students.
(11) DROPOUT REENGAGEMENT PROGRAM
The superintendent shall adopt rules to require students claimed for general apportionment funding based on enrollment in dropout reengagement programs authorized under RCW 28A.175.100 through 28A.175.115 to meet requirements for at least weekly minimum instructional contact, academic counseling, career counseling, or case management contact. Districts must also provide separate financial accounting of expenditures for the programs offered by the district or under contract with a provider, as well as accurate monthly headcount and full-time equivalent enrollment claimed for basic education, including separate enrollment counts of resident and nonresident students.
(12) ALL DAY KINDERGARTEN PROGRAMS
Funding in this section is sufficient to fund all day kindergarten programs in all schools in the 2021-22 school year and 2022-23 school year, pursuant to RCW 28A.150.220 and 28A.150.315.
(13) ADDITIONAL FUNDING FOR SMALL SCHOOL DISTRICTS AND REMOTE AND NECESSARY PLANTS
For small school districts and remote and necessary school plants within any district which have been judged to be remote and necessary by the superintendent of public instruction, additional staff units are provided to ensure a minimum level of staffing support. Additional administrative and certificated instructional staff units provided to districts in this subsection shall be reduced by the general education staff units, excluding career and technical education and skills center enhancement units, otherwise provided in subsections (2) through (5) of this section on a per district basis.
(a) For districts enrolling not more than twenty-five average annual full-time equivalent students in grades K-8, and for small school plants within any school district which have been judged to be remote and necessary by the superintendent of public instruction and enroll not more than twenty-five average annual full-time equivalent students in grades K-8:
(i) For those enrolling no students in grades 7 and 8, 1.76 certificated instructional staff units and 0.24 certificated administrative staff units for enrollment of not more than five students, plus one-twentieth of a certificated instructional staff unit for each additional student enrolled; and
(ii) For those enrolling students in grades 7 or 8, 1.68 certificated instructional staff units and 0.32 certificated administrative staff units for enrollment of not more than five students, plus one-tenth of a certificated instructional staff unit for each additional student enrolled;
(b) For specified enrollments in districts enrolling more than twenty-five but not more than one hundred average annual full-time equivalent students in grades K-8, and for small school plants within any school district which enroll more than twenty-five average annual full-time equivalent students in grades K-8 and have been judged to be remote and necessary by the superintendent of public instruction:
(i) For enrollment of up to sixty annual average full-time equivalent students in grades K-6, 2.76 certificated instructional staff units and 0.24 certificated administrative staff units; and
(ii) For enrollment of up to twenty annual average full-time equivalent students in grades 7 and 8, 0.92 certificated instructional staff units and 0.08 certificated administrative staff units;
(c) For districts operating no more than two high schools with enrollments of less than three hundred average annual full-time equivalent students, for enrollment in grades 9-12 in each such school, other than alternative schools, except as noted in this subsection:
(i) For remote and necessary schools enrolling students in any grades 9-12 but no more than twenty-five average annual full-time equivalent students in grades K-12, four and one-half certificated instructional staff units and one-quarter of a certificated administrative staff unit;
(ii) For all other small high schools under this subsection, nine certificated instructional staff units and one-half of a certificated administrative staff unit for the first sixty average annual full-time equivalent students, and additional staff units based on a ratio of 0.8732 certificated instructional staff units and 0.1268 certificated administrative staff units per each additional forty-three and one-half average annual full-time equivalent students;
(iii) Districts receiving staff units under this subsection shall add students enrolled in a district alternative high school and any grades nine through twelve alternative learning experience programs with the small high school enrollment for calculations under this subsection;
(d) For each nonhigh school district having an enrollment of more than seventy annual average full-time equivalent students and less than one hundred eighty students, operating a grades K-8 program or a grades 1-8 program, an additional one-half of a certificated instructional staff unit;
(e) For each nonhigh school district having an enrollment of more than fifty annual average full-time equivalent students and less than one hundred eighty students, operating a grades K-6 program or a grades 1-6 program, an additional one-half of a certificated instructional staff unit;
(f)(i) For enrollments generating certificated staff unit allocations under (a) through (e) of this subsection, one classified staff unit for each 2.94 certificated staff units allocated under such subsections;
(ii) For each nonhigh school district with an enrollment of more than fifty annual average full-time equivalent students and less than one hundred eighty students, an additional one-half of a classified staff unit; and
(g) School districts receiving additional staff units to support small student enrollments and remote and necessary plants under this subsection (13) shall generate additional MSOC allocations consistent with the nonemployee related costs (NERC) allocation formula in place for the 2010-11 school year as provided section 502, chapter 37, Laws of 2010 1st sp. sess. (2010 supplemental budget), adjusted annually for inflation.
(14) Any school district board of directors may petition the superintendent of public instruction by submission of a resolution adopted in a public meeting to reduce or delay any portion of its basic education allocation for any school year. The superintendent of public instruction shall approve such reduction or delay if it does not impair the district's financial condition. Any delay shall not be for more than two school years. Any reduction or delay shall have no impact on levy authority pursuant to RCW 84.52.0531 and local effort assistance pursuant to chapter 28A.500 RCW.
(15) The superintendent may distribute funding for the following programs outside the basic education formula during fiscal years 2022 and 2023 as follows:
(a) $650,000 of the general fundstate appropriation for fiscal year 2022 and $650,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for fire protection for school districts located in a fire protection district as now or hereafter established pursuant to chapter 52.04 RCW.
(b) $436,000 of the general fundstate appropriation for fiscal year 2022 and $436,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for programs providing skills training for secondary students who are enrolled in extended day school-to-work programs, as approved by the superintendent of public instruction. The funds shall be allocated at a rate not to exceed $500 per full-time equivalent student enrolled in those programs.
(16) Funding in this section is sufficient to fund a maximum of 1.6 FTE enrollment for skills center students pursuant to chapter 463, Laws of 2007.
(17) Funding in this section is sufficient to fund a maximum of 1.2 FTE enrollment for career launch students pursuant to RCW 28A.700.130. Expenditures for this purpose must come first from the appropriations provided in section 501(5) of this act; funding for career launch enrollment exceeding those appropriations is provided in this section. The office of the superintendent of public instruction shall provide a summary report to the office of the governor and the appropriate committees of the legislature by January 1, 2022. The report must include the total FTE enrollment for career launch students, the FTE enrollment for career launch students that exceeded the appropriations provided in section 501(5) of this act, and the amount expended from this section for those students.
(18) Students participating in running start programs may be funded up to a combined maximum enrollment of 1.2 FTE including school district and institution of higher education enrollment consistent with the running start course requirements provided in chapter 202, Laws of 2015 (dual credit education opportunities). In calculating the combined 1.2 FTE, the office of the superintendent of public instruction may average the participating student's September through June enrollment to account for differences in the start and end dates for courses provided by the high school and higher education institution. Additionally, the office of the superintendent of public instruction, in consultation with the state board for community and technical colleges, the student achievement council, and the education data center, shall annually track and report to the fiscal committees of the legislature on the combined FTE experience of students participating in the running start program, including course load analyses at both the high school and community and technical college system.
(19) If two or more school districts consolidate and each district was receiving additional basic education formula staff units pursuant to subsection (13) of this section, the following apply:
(a) For three school years following consolidation, the number of basic education formula staff units shall not be less than the number of basic education formula staff units received by the districts in the school year prior to the consolidation; and
(b) For the fourth through eighth school years following consolidation, the difference between the basic education formula staff units received by the districts for the school year prior to consolidation and the basic education formula staff units after consolidation pursuant to subsection (13) of this section shall be reduced in increments of twenty percent per year.
(20)(a) Indirect cost charges by a school district to approved career and technical education middle and secondary programs shall not exceed the lesser of five percent or the cap established in federal law of the combined basic education and career and technical education program enhancement allocations of state funds. Middle and secondary career and technical education programs are considered separate programs for funding and financial reporting purposes under this section.
(b) Career and technical education program full-time equivalent enrollment shall be reported on the same monthly basis as the enrollment for students eligible for basic support, and payments shall be adjusted for reported career and technical education program enrollments on the same monthly basis as those adjustments for enrollment for students eligible for basic support.
(21) Funding in this section is sufficient to provide full general apportionment payments to school districts eligible for federal forest revenues as provided in RCW 28A.520.020. For the 2021-2023 biennium, general apportionment payments are not reduced for school districts receiving federal forest revenues.
(22)(a) $9,700,000 of the elementary and secondary school emergency relief III accountfederal appropriation is provided solely for the bridge year pilot program established in Second Substitute Senate Bill No. 5265 (bridge year pilot program) for the purpose of addressing learning loss pursuant to section 2001(1)(f)(1), American rescue plan act of 2021, P.L. 117-2. If the bill is not enacted by June 30, 2021, the amount provided in this subsection shall lapse.
(b) The office of the superintendent of public instruction, in consultation with the state board for community and technical colleges, the student achievement council, and the education data center, shall annually track and report to the fiscal committees of the legislature on the combined full time equivalent experience of students participating in the bridge year pilot program, including course load analyses at both the high school and community and technical college system.
(23) $197,929,000 of the general fundstate appropriation for fiscal year 2022 is provided solely to ensure that school districts receive at least $1,500 per pupil for COVID-19 relief funding when combined with federal relief dollars. These funds are one-time allocations to school districts and may be used according to the allowable uses defined in section 2001(2)(e) of the American rescue plan act of 2021, P.L. 117-2. Prior to receiving funds, a school district must submit an academic and student well-being recovery plan to the office of the superintendent of public instruction as required in section 12(3), chapter 3, Laws of 2021, and must also report progress on implementing the plan in a manner identified by the superintendent.
(a) The office of the superintendent of public instruction must calculate a relief per pupil amount for each district defined as: The quotient from dividing the total funding allocated to each district from the federal relief funds, as defined in (b) of this subsection, by a school district's total enrollment as defined in (c) of this subsection. A school district with a relief per pupil amount less than $1,500 shall receive the difference between $1,500 and the relief per pupil amount, multiplied by the school district's total enrollment.
(b) For the purposes of this subsection, federal relief funds allocated to school districts include:
(i) Subgrants authorized under section 18003, the coronavirus aid, relief, and economic security act, P.L. 116-136;
(ii) Subgrants authorized under section 313, the coronavirus response and relief supplemental appropriations act, P.L. 116-260; and
(iii) Subgrants authorized under section 2001, the American rescue plan act of 2021, P.L. 117-2.
(c) For the purposes of this subsection, a school district's total enrollment means the district's 2019-20 school year annual average full-time equivalent student enrollment, excluding full-time equivalent student enrollments for which funds are separately calculated and allocated under RCW 28A.232.020, 28A.600.310(4), 28A.245.020, and 28A.175.110.
(d) For the purposes of this subsection, this subsection applies to state-tribal compact schools established under chapter 28A.715 RCW.
(e) Of the amounts provided in this subsection, $8,439,000 of the general fundstate appropriation for fiscal year 2022 is provided solely for the office of the superintendent of public instruction to provide a one-time payment to each skill center established under chapter 28A.245 RCW equal to that skill center's 2019-20 school year annual average full-time equivalent student enrollment multiplied by $1,500.
NEW SECTION.  Sec. 505. FOR THE SUPERINTENDENT OF PUBLIC INSTRUCTIONBASIC EDUCATION EMPLOYEE COMPENSATION
(1) The following calculations determine the salaries used in the state allocations for certificated instructional, certificated administrative, and classified staff units as provided in RCW 28A.150.260, and under section 504 of this act: For the 2021-22 school year and the 2022-23 school year salary allocations for certificated instructional staff, certificated administrative staff, and classified staff units are determined for each school district by multiplying the statewide minimum salary allocation for each staff type by the school district's regionalization factor shown in LEAP Document 3.
Statewide Minimum Salary Allocation
 
Staff Type
2021-22
School Year
2022-23
School Year
 
 
 
Certificated Instructional
$68,937
$70,040
Certificated Administrative
$102,327
$103,964
Classified
$49,453
$50,244
(2) For the purposes of this section, "LEAP Document 3" means the school district regionalization factors for certificated instructional, certificated administrative, and classified staff, as developed by the legislative evaluation and accountability program committee on February 1, 2021, at 5:17 hours.
(3) Incremental fringe benefit factors are applied to salary adjustments at a rate of 22.07 percent for school year 2021-22 and 22.07 percent for school year 2022-23 for certificated instructional and certificated administrative staff and 19.25 percent for school year 2021-22 and 19.25 percent for the 2022-23 school year for classified staff.
(4) The salary allocations established in this section are for allocation purposes only except as provided in this subsection, and do not entitle an individual staff position to a particular paid salary except as provided in RCW 28A.400.200, as amended by chapter 13, Laws of 2017 3rd sp. sess. (fully funding the program of basic education).
NEW SECTION.  Sec. 506. FOR THE SUPERINTENDENT OF PUBLIC INSTRUCTIONFOR SCHOOL EMPLOYEE COMPENSATION ADJUSTMENTS
General FundState Appropriation (FY 2022)
. . . .
$102,002,000
General FundState Appropriation (FY 2023)
. . . .
$310,111,000
TOTAL APPROPRIATION
. . . .
$412,113,000
The appropriations in this section are subject to the following conditions and limitations:
(1) The salary increases provided in this section are 2.0 percent for the 2021-22 school year, and 1.6 percent for the 2022-23 school year, the annual inflationary adjustments pursuant to RCW 28A.400.205.
(2)(a) In addition to salary allocations, the appropriations in this section include funding for professional learning as defined in RCW 28A.415.430, 28A.415.432, and 28A.415.434. Funding for this purpose is calculated as the equivalent of three days of salary and benefits for each of the funded full-time equivalent certificated instructional staff units. Nothing in this section entitles an individual certificated instructional staff to any particular number of professional learning days.
(b) Of the funding provided for professional learning in this section, the equivalent of one day of salary and benefits for each of the funded full-time equivalent certificated instructional staff units in school year 2022-23 must be used to train school district staff on racial literacy, ethnic studies, cultural responsiveness, and stereotype threat for purposes of closing persistent opportunity gaps.
(3)(a) The appropriations in this section include associated incremental fringe benefit allocations at 22.07 percent for the 2021-22 school year and 22.07 percent for the 2022-23 school year for certificated instructional and certificated administrative staff and 19.25 percent for the 2021-22 school year and 19.25 percent for the 2022-23 school year for classified staff.
(b) The appropriations in this section include the increased or decreased portion of salaries and incremental fringe benefits for all relevant state-funded school programs in part V of this act. Changes for general apportionment (basic education) are based on the salary allocations and methodology in sections 504 and 505 of this act. Changes for special education result from changes in each district's basic education allocation per student. Changes for educational service districts and institutional education programs are determined by the superintendent of public instruction using the methodology for general apportionment salaries and benefits in sections 504 and 505 of this act. Changes for pupil transportation are determined by the superintendent of public instruction pursuant to RCW 28A.160.192, and impact compensation factors in sections 504, 505, and 506 of this act.
(c) The appropriations in this section include no salary adjustments for substitute teachers.
(4) The appropriations in this section are sufficient to fund the collective bargaining agreement referenced in section 942 of this act and reflect the incremental change in cost of allocating rates as follows: For the 2021-22 school year, $968 per month and for the 2022-23 school year, $1,032 per month.
(5) When bargaining for funding for school employees health benefits for the 2021-2023 fiscal biennium, any proposal agreed upon must assume the imposition of a twenty-five dollar per month surcharge payment 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.
(6) The rates specified in this section are subject to revision each year by the legislature.
NEW SECTION.  Sec. 507. FOR THE SUPERINTENDENT OF PUBLIC INSTRUCTIONFOR PUPIL TRANSPORTATION
General FundState Appropriation (FY 2022)
. . . .
$640,514,000
General FundState Appropriation (FY 2023)
. . . .
$649,872,000
TOTAL APPROPRIATION
. . . .
$1,290,386,000
The appropriations in this section are subject to the following conditions and limitations:
(1) Each general fund fiscal year appropriation includes such funds as are necessary to complete the school year ending in the fiscal year and for prior fiscal year adjustments.
(2)(a) For the 2021-22 and 2022-23 school years, the superintendent shall allocate funding to school district programs for the transportation of eligible students as provided in RCW 28A.160.192. Funding in this section constitutes full implementation of RCW 28A.160.192, which enhancement is within the program of basic education. Students are considered eligible only if meeting the definitions provided in RCW 28A.160.160.
(b) From July 1, 2021, to August 31, 2021, the superintendent shall allocate funding to school districts programs for the transportation of students as provided in section 506, chapter 357, Laws of 2020, as amended.
(3) Within amounts appropriated in this section, up to $10,000,000 of the general fundstate appropriation for fiscal year 2022 and up to $10,000,000 of the general fundstate appropriation for fiscal year 2023 are for a transportation alternate funding grant program based on the alternate funding process established in RCW 28A.160.191. The superintendent of public instruction must include a review of school district efficiency rating, key performance indicators and local school district characteristics such as unique geographic constraints in the grant award process.
(4) A maximum of $939,000 of this fiscal year 2022 appropriation and a maximum of $939,000 of the fiscal year 2023 appropriation may be expended for regional transportation coordinators and related activities. The transportation coordinators shall ensure that data submitted by school districts for state transportation funding shall, to the greatest extent practical, reflect the actual transportation activity of each district.
(5) Subject to available funds under this section, school districts may provide student transportation for summer skills center programs.
(6) The office of the superintendent of public instruction shall provide reimbursement funding to a school district for school bus purchases only after the superintendent of public instruction determines that the school bus was purchased from the list established pursuant to RCW 28A.160.195(2) or a comparable competitive bid process based on the lowest price quote based on similar bus categories to those used to establish the list pursuant to RCW 28A.160.195.
(7) The superintendent of public instruction shall base depreciation payments for school district buses on the presales tax five-year average of lowest bids in the appropriate category of bus. In the final year on the depreciation schedule, the depreciation payment shall be based on the lowest bid in the appropriate bus category for that school year.
(8) Funding levels in this section reflect waivers granted by the state board of education for four-day school weeks as allowed under RCW 28A.305.141.
(9) $58,613,000 of the general fundstate appropriation for fiscal year 2022 is provided solely for the implementation of Engrossed Second Substitute Senate Bill No. 5128 (student transportation funds). If the bill is not enacted by June 30, 2021, the amount provided in this subsection shall lapse.
NEW SECTION.  Sec. 508. FOR THE SUPERINTENDENT OF PUBLIC INSTRUCTIONSCHOOL FOOD SERVICES
General FundState Appropriation (FY 2022)
. . . .
$7,230,000
General FundState Appropriation (FY 2023)
. . . .
$7,230,000
General FundFederal Appropriation
. . . .
$551,378,000
TOTAL APPROPRIATION
. . . .
$565,838,000
The appropriations in this section are subject to the following conditions and limitations: $14,200,000 of the general fundfederal appropriation (CRRSA) is provided solely for school meal programs, as authorized in section 722, the coronavirus response and relief supplemental appropriations act, P.L. 116-260, division M.
NEW SECTION.  Sec. 509. FOR THE SUPERINTENDENT OF PUBLIC INSTRUCTIONFOR SPECIAL EDUCATION PROGRAMS
General FundState Appropriation (FY 2022)
. . . .
$1,450,154,000
General FundState Appropriation (FY 2023)
. . . .
$1,519,337,000
General FundFederal Appropriation
. . . .
$567,113,000
Education Legacy Trust AccountState Appropriation
. . . .
$54,694,000
Elementary and Secondary School Emergency Relief
IIIFederal Appropriation
. . . .
$24,000,000
TOTAL APPROPRIATION
. . . .
$3,615,298,000
The appropriations in this section are subject to the following conditions and limitations:
(1)(a) Funding for special education programs is provided on an excess cost basis, pursuant to RCW 28A.150.390. School districts shall ensure that special education students as a class receive their full share of the general apportionment allocation accruing through sections 504 and 506 of this act. To the extent a school district cannot provide an appropriate education for special education students under chapter 28A.155 RCW through the general apportionment allocation, it shall provide services through the special education excess cost allocation funded in this section.
(b) Funding provided within this section is sufficient for districts to provide school principals and lead special education teachers annual professional development on the best-practices for special education instruction and strategies for implementation. Districts shall annually provide a summary of professional development activities to the office of the superintendent of public instruction.
(2)(a) The superintendent of public instruction shall ensure that:
(i) Special education students are basic education students first;
(ii) As a class, special education students are entitled to the full basic education allocation; and
(iii) Special education students are basic education students for the entire school day.
(b) The superintendent of public instruction shall continue to implement the full cost method of excess cost accounting, as designed by the committee and recommended by the superintendent, pursuant to section 501(1)(k), chapter 372, Laws of 2006.
(3) Each fiscal year appropriation includes such funds as are necessary to complete the school year ending in the fiscal year and for prior fiscal year adjustments.
(4)(a) For the 2021-22 and 2022-23 school years, the superintendent shall allocate funding to school district programs for special education students as provided in RCW 28A.150.390, except that the calculation of the base allocation also includes allocations provided under section 504 (2) and (4) of this act and RCW 28A.150.415, which enhancement is within the program of basic education.
(b) From July 1, 2021, to August 31, 2021, the superintendent shall allocate funding to school district programs for special education students as provided in section 507, chapter 357, Laws of 2020, as amended.
(5) The following applies throughout this section: The definitions for enrollment and enrollment percent are as specified in RCW 28A.150.390(3). Each district's general fundstate funded special education enrollment shall be the lesser of the district's actual enrollment percent or 13.5 percent.
(6) At the request of any interdistrict cooperative of at least 15 districts in which all excess cost services for special education students of the districts are provided by the cooperative, the maximum enrollment percent shall be calculated in accordance with RCW 28A.150.390(3) (c) and (d), and shall be calculated in the aggregate rather than individual district units. For purposes of this subsection, the average basic education allocation per full-time equivalent student shall be calculated in the aggregate rather than individual district units.
(7) $63,338,000 of the general fundstate appropriation for fiscal year 2022, $82,671,000 of the general fundstate appropriation for fiscal year 2023, $29,574,000 of the general fundfederal appropriation, and $48,720,000 of the general fundfederal appropriation (ARPA) are provided solely for safety net awards for districts with demonstrated needs for special education funding beyond the amounts provided in subsection (4) of this section. If the federal safety net awards based on the federal eligibility threshold exceed the federal appropriation in this subsection (7) in any fiscal year, the superintendent shall expend all available federal discretionary funds necessary to meet this need. At the conclusion of each school year, the superintendent shall recover safety net funds that were distributed prospectively but for which districts were not subsequently eligible.
(a) For the 2021-22 and 2022-23 school years, safety net funds shall be awarded by the state safety net oversight committee as provided in section 109(1) chapter 548, Laws of 2009 (education).
(b) The office of the superintendent of public instruction shall make award determinations for state safety net funding in August of each school year, except that the superintendent of public instruction shall make award determinations for state safety net funding in July of each school year for the Washington state school for the blind and for the center for childhood deafness and hearing loss. Determinations on school district eligibility for state safety net awards shall be based on analysis of actual expenditure data from the current school year.
(8) A maximum of $931,000 may be expended from the general fundstate appropriations to fund 5.43 full-time equivalent teachers and 2.1 full-time equivalent aides at children's orthopedic hospital and medical center. This amount is in lieu of money provided through the home and hospital allocation and the special education program.
(9) The superintendent shall maintain the percentage of federal flow-through to school districts at 85 percent. In addition to other purposes, school districts may use increased federal funds for high-cost students, for purchasing regional special education services from educational service districts, and for staff development activities particularly relating to inclusion issues.
(10) A school district may carry over from one year to the next year up to 10 percent of the general fundstate funds allocated under this program; however, carryover funds shall be expended in the special education program.
(11) $88,000 of the general fundstate appropriation for fiscal year 2022, $87,000 of the general fundstate appropriation for fiscal year 2023, and $214,000 of the general fundfederal appropriation are provided solely for a special education family liaison position within the office of the superintendent of public instruction.
(12) $7,000,000 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 the office of the superintendent of public instruction to support professional development in inclusionary practices for classroom teachers. The primary form of support to public school classroom teachers must be for mentors who are experts in best practices for inclusive education, differentiated instruction, and individualized instruction. Funding for mentors must be prioritized to the public schools with the highest percentage of students with individualized education programs aged three through 21 who spend the least amount of time in general education classrooms.
(13) $24,000,000 of the elementary and secondary school emergency relief III accountfederal appropriation is provided solely for the office of the superintendent of public instruction to provide an allocation to school districts for extension of transition services for students with disabilities who turned age 21 during the 2019-20 or 2020-21 school years, did not graduate with a regular diploma, and require recovery services on or after July 1, 2021, as determined by the individualized education program team. The funds in this subsection are for the purpose of addressing learning loss pursuant to section 2001(1)(f)(1), American rescue plan act of 2021, P.L. 117-2. The allocation shall be based on a per student amount to be determined by the superintendent. If total requests for these funds exceed the amount appropriated for this purpose, the superintendent shall prorate requests so that each district receives a proportionate share of their original request. The extension of these services does not reduce nor supplant any other services the individual would be eligible to receive as determined by the individualized education program team.
(14) $4,279,000 of the general fundfederal appropriation (ARPA) is provided solely for providing preschool services to qualifying special education students under section 619 of the federal individuals with disabilities education act, pursuant to section 2002, the American rescue plan act of 2021, P.L. 117-2. The office of the superintendent of public instruction must expend all available federal funds for this purpose before expending state funds.
NEW SECTION.  Sec. 510. FOR THE SUPERINTENDENT OF PUBLIC INSTRUCTIONFOR EDUCATIONAL SERVICE DISTRICTS
General FundState Appropriation (FY 2022)
. . . .
$21,053,000
General FundState Appropriation (FY 2023)
. . . .
$21,053,000
TOTAL APPROPRIATION
. . . .
$42,106,000
The appropriations in this section are subject to the following conditions and limitations:
(1) The educational service districts shall continue to furnish financial services required by the superintendent of public instruction and RCW 28A.310.190 (3) and (4).
(2) Funding within this section is provided for regional professional development related to mathematics and science curriculum and instructional strategies aligned with common core state standards and next generation science standards. Funding shall be distributed among the educational service districts in the same proportion as distributions in the 2007-2009 biennium. Each educational service district shall use this funding solely for salary and benefits for a certificated instructional staff with expertise in the appropriate subject matter and in professional development delivery, and for travel, materials, and other expenditures related to providing regional professional development support.
(3) Funding in this section is provided for regional professional development related to English language arts curriculum and instructional strategies aligned with common core state standards. Each educational service district shall use this funding solely for salary and benefits for certificated instructional staff with expertise in the appropriate subject matter and in professional development delivery, and for travel, materials, and other expenditures related to providing regional professional development support.
(4) Funding in this section is provided for regional technical support for the K-20 telecommunications network to prevent system failures and avoid interruptions in school utilization of the data processing and video-conferencing capabilities of the network. These funds may be used to purchase engineering and advanced technical support for the network.
(5) Funding in this section is provided for a corps of nurses located at the educational service districts, to be dispatched in coordination with the office of the superintendent of public instruction, to provide direct care to students, health education, and training for school staff.
(6) Funding in this section is provided for staff and support at the nine educational service districts to provide a network of support for school districts to develop and implement comprehensive suicide prevention and behavioral health supports for students.
(7) Funding in this section is provided for staff and support at the nine educational service districts to provide assistance to school districts with comprehensive safe schools planning, conducting needs assessments, school safety and security trainings, coordinating appropriate crisis and emergency response and recovery, and developing threat assessment and crisis intervention teams.
(8) Funding in this section is provided for regional English language arts coordinators to provide professional development of teachers and principals around the new early screening for dyslexia requirements.
(9) The educational service districts, at the request of the state board of education pursuant to RCW 28A.310.010 and 28A.305.130, may receive and screen applications for school accreditation, conduct school accreditation site visits pursuant to state board of education rules, and submit to the state board of education post-site visit recommendations for school accreditation. The educational service districts may assess a cooperative service fee to recover actual plus reasonable indirect costs for the purposes of this subsection.
NEW SECTION.  Sec. 511. FOR THE SUPERINTENDENT OF PUBLIC INSTRUCTIONFOR LOCAL EFFORT ASSISTANCE
General FundState Appropriation (FY 2022)
. . . .
$271,870,000
General FundState Appropriation (FY 2023)
. . . .
$247,305,000
TOTAL AP