ENGROSSED SUBSTITUTE SENATE BILL 5693

State of Washington
67th Legislature
2022 Regular Session
BySenate Ways & Means (originally sponsored by Senators Rolfes, L. Wilson, and Nguyen; by request of Office of Financial Management)
READ FIRST TIME 02/24/22.
AN ACT Relating to fiscal matters; amending RCW 28C.04.525, 41.60.050, 43.31.605, 43.41.450, 43.43.837, 43.79.505, 43.83B.430, 43.101.435, 43.216.1368, 43.216.270, 43.348.080, 50A.10.030, 70A.200.140, 74.46.561, 76.04.516, and 79A.80.020; amending 2021 c 334 ss 1, 101, 102, 103, 104, 105, 106, 107, 108, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146, 147, 148, 149, 150, 151, 152, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 230, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 401, 402, 501, 502, 503, 504, 505, 506, 507, 508, 509, 510, 511, 512, 513, 514, 515, 516, 517, 518, 519, 520, 521, 522, 603, 604, 605, 606, 607, 608, 609, 610, 611, 612, 613, 614, 615, 616, 617, 618, 619, 701, 702, 704, 705, 715, 718, 753, 706, 723, 724, 748, 801, 802, 803, 805, 909, 910, 911, 912, 913, 914, 915, 916, 917, 918, 919, 920, 921, 922, 923, 924, 925, 928, 929, 930, 932, 933, 934, 935, 936, 940, 941, 942, 943, 945, 946, 947, 948, and 939 (uncodified); adding new sections to chapter 43.79 RCW; adding new sections to 2021 c 334 (uncodified); repealing 2021 c 334 ss 730, 731, 732, 733, 734, 735, 736, 737, 749, and 752 (uncodified); making appropriations; and declaring an emergency.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1. 2021 c 334 s 1 (uncodified) is amended to read as follows:
(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 the American rescue plan act of 2021, P.L. 117-2.
(b) "CARES" means the coronavirus aid, relief, and economic security act, P.L. 116-136.
(c) "CRF" means the coronavirus relief fund created by section 5001, the coronavirus aid, relief, and economic security act, P.L. 116-136, division A.
(d) "CRRSA" means the coronavirus response and relief supplemental appropriations act, P.L. 116-260, division M.
(e) "CRRSA/ESSER" means 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.
(f) "Dedicated marijuana account" means the dedicated cannabis account, if Engrossed Second Substitute Senate Bill No. 5796 is enacted.
(g) "Fiscal year 2022" or "FY 2022" means the fiscal year ending June 30, 2022.
(((g)))(h) "Fiscal year 2023" or "FY 2023" means the fiscal year ending June 30, 2023.
(((h)))(i) "FTE" means full time equivalent.
(((i)))(j) "Lapse" or "revert" means the amount shall return to an unappropriated status.
(((j)))(k) "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.
(3) Whenever the terms in subsection (2)(a) through (e) of this section are used in the context of a general fundfederal appropriation, the term is used to attribute the funding to that federal act.
PART I
GENERAL GOVERNMENT
Sec. 101. 2021 c 334 s 101 (uncodified) is amended to read as follows:
FOR THE HOUSE OF REPRESENTATIVES
General FundState Appropriation (FY 2022)
. . . .
(($45,740,000))
     
$46,603,000
General FundState Appropriation (FY 2023)
. . . .
(($46,804,000))
     
$51,643,000
TOTAL APPROPRIATION
. . . .
(($92,544,000))
     
$98,246,000
The appropriations in this section are subject to the following conditions and limitations: $5,000 of the general fundstate appropriation for fiscal year 2022 and $7,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for the joint legislative task force on the future of the Washington fish and wildlife commission created in section 940 of this act.
Sec. 102. 2021 c 334 s 102 (uncodified) is amended to read as follows:
FOR THE SENATE
General FundState Appropriation (FY 2022)
. . . .
(($32,755,000))
     
$33,520,000
General FundState Appropriation (FY 2023)
. . . .
(($35,699,000))
     
$40,206,000
TOTAL APPROPRIATION
. . . .
(($68,454,000))
     
$73,726,000
The appropriations in this section are subject to the following conditions and limitations:
(1) $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.
(2) $5,000 of the general fundstate appropriation for fiscal year 2022 and $7,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for the joint legislative task force on the future of the Washington fish and wildlife commission created in section 940 of this act.
(3) $200,000 of the general fundstate appropriation for fiscal year 2023 is provided solely for a work group to continue the senate's examination of employment practices and policies and to develop options and recommendations for the senate.
(a) The work group is composed of the following 17 members:
(i) Two legislative assistants from each of the two largest caucuses of the senate;
(ii) One nonsupervisory staff and one supervisory staff from each of the two largest caucuses of the senate;
(iii) One committee assistant, one coordinator, one analyst or counsel, and one administrative staff from senate committee services;
(iv) One nonsupervisory staff and one supervisory staff from senate administration;
(v) The secretary of the senate or their designee; and
(vi) The senate human resource director and senate diversity, equity, and inclusion coordinator.
(b) Staff who wish to be appointed to the work group must submit an application to the office of human resources. The senate human resource officer shall make recommendations to the senate facilities and operations committee who shall then confirm appointments to the work group.
(c) The secretary of the senate shall contract for an external facilitator to staff and assist the work group. The facilitator must have a background or experience in organizational development. The secretary may also contract for legal services and other expert services, as necessary, to assist the work group.
(d) The work group shall consider issues related to employment practices and policies including, but not limited to:
(i) The supervisory structure of employees;
(ii) Workplace terms and conditions; and
(iii) Professional development.
(e) The expenses of the work group must be paid from the amount appropriated in this section subject to approval by the senate facilities and operations committee.
(f) The work group must report its findings and recommendations to the senate facilities and operations committee by December 1, 2022.
Sec. 103. 2021 c 334 s 103 (uncodified) is amended to read as follows:
FOR THE JOINT LEGISLATIVE AUDIT AND REVIEW COMMITTEE
General FundState Appropriation (FY 2022)
. . . .
$303,000
General FundState Appropriation (FY 2023)
. . . .
$248,000
Performance Audits of Government AccountState
Appropriation
. . . .
(($9,384,000))
     
$10,047,000
TOTAL APPROPRIATION
. . . .
(($9,935,000))
     
$10,598,000
The appropriation in this section is subject to the following conditions and limitations:
(1) $273,000 of the general fundstate appropriation for fiscal year 2022 and $244,000 of the general fundstate appropriation for fiscal year 2023 are provided ((solely)) for implementation of Engrossed Substitute Senate Bill No. 5405 (racial equity analyses). ((If the bill is not enacted by June 30, 2021, the amounts provided in this subsection shall lapse.))
(2) Notwithstanding the provisions of this section, the joint legislative audit and review committee may adjust the due dates for projects included on the committee's 2021-2023 work plan as necessary to efficiently manage workload.
(3) $20,000 of the general fundstate appropriation for fiscal year 2022 and $2,000 of the general fundstate appropriation for fiscal year 2023 are provided ((solely)) to implement House Bill No. 1296 (behavioral health service organizations). ((If the bill is not enacted by June 30, 2021, the amounts provided in this subsection shall lapse.))
(4) $10,000 of the general fundstate appropriation for fiscal year 2022 and $2,000 of the general fundstate appropriation for fiscal year 2023 are provided ((solely)) to implement Second Substitute House Bill No. 1033 (employment training program). ((If the bill is not enacted by June 30, 2021, the amounts provided in this subsection shall lapse.))
(5) $50,000 of the performance audits of government accountstate appropriation is for implementation of Engrossed Substitute Senate Bill No. 5268 (developmental disability services). If the bill is not enacted by June 30, 2022, the amount provided in this subsection shall lapse.
(6) Sufficient funding is appropriated in this section to conduct performance audits related to state agency programs and services to address the needs of farmworkers. The audits will assess how the agency is administering the programs and enforcing the relevant laws and provide recommendations to improve service delivery and effectiveness for the protection and needs farmworkers. The committee must incorporate the performance audits in this subsection into its work plan and must provide annual progress reports on their status. The committee may prioritize its work based on available resources and staff capacity, and may contract for services as necessary, to complete the following performance audits:
(a) The department of labor and industries' programs and responsibilities to investigate and enforce:
(i) Wage and hour laws applicable to farmworkers;
(ii) Workplace health and safety standards applicable to farmworkers; and
(iii) Laws prohibiting harassment, discrimination, and retaliation against farmworkers for, among other things, asserting their rights regarding health and safety standards and wage and hour laws;
(b) The employment security department's administration of the H-2A program; and
(c) The department of health's administration of laws and rules related to pesticide safety that are intended to protect farmworkers from hazardous exposures.
(7) $42,000 of the performance audits of government accountstate appropriation is for implementation of Second Substitute Senate Bill No. 5649 (family and medical leave). If the bill is not enacted by June 30, 2022, the amount provided in this subsection shall lapse.
Sec. 104. 2021 c 334 s 104 (uncodified) is amended to read as follows:
FOR THE LEGISLATIVE EVALUATION AND ACCOUNTABILITY PROGRAM COMMITTEE
Performance Audits of Government AccountState
Appropriation
. . . .
(($4,664,000))
     
$4,734,000
TOTAL APPROPRIATION
. . . .
(($4,664,000))
     
$4,734,000
Sec. 105. 2021 c 334 s 105 (uncodified) is amended to read as follows:
FOR THE JOINT LEGISLATIVE SYSTEMS COMMITTEE
General FundState Appropriation (FY 2022)
. . . .
(($14,173,000))
     
$14,465,000
General FundState Appropriation (FY 2023)
. . . .
(($14,235,000))
     
$16,158,000
TOTAL APPROPRIATION
. . . .
(($28,408,000))
     
$30,623,000
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.
Sec. 106. 2021 c 334 s 106 (uncodified) is amended to read as follows:
FOR THE OFFICE OF THE STATE ACTUARY
General FundState Appropriation (FY 2022)
. . . .
$367,000
General FundState Appropriation (FY 2023)
. . . .
(($382,000))
     
$895,000
State Health Care Authority Administrative Account
State Appropriation
. . . .
(($249,000))
     
$254,000
Department of Retirement Systems Expense Account
State Appropriation
. . . .
(($6,095,000))
     
$6,201,000
School Employees' Insurance Administrative Account
State Appropriation
. . . .
$250,000
TOTAL APPROPRIATION
. . . .
(($7,343,000))
     
$7,967,000
The appropriations in this section are subject to the following conditions and limitations: $503,000 of the general fundstate appropriation for fiscal year 2023 is provided solely for actuarial support for the long-term services and support trust program, including an actuarial audit and valuation of the long-term services and supports trust fund that incorporates the impact of the exemptions granted by the employment security department.
Sec. 107. 2021 c 334 s 107 (uncodified) is amended to read as follows:
FOR THE STATUTE LAW COMMITTEE
General FundState Appropriation (FY 2022)
. . . .
$5,366,000
General FundState Appropriation (FY 2023)
. . . .
(($5,766,000))
     
$5,941,000
TOTAL APPROPRIATION
. . . .
(($11,132,000))
     
$11,307,000
Sec. 108. 2021 c 334 s 108 (uncodified) is amended to read as follows:
FOR THE OFFICE OF LEGISLATIVE SUPPORT SERVICES
General FundState Appropriation (FY 2022)
. . . .
$4,566,000
General FundState Appropriation (FY 2023)
. . . .
(($5,029,000))
     
$5,198,000
TOTAL APPROPRIATION
. . . .
(($9,595,000))
     
$9,764,000
Sec. 109. 2021 c 334 s 111 (uncodified) is amended to read as follows:
FOR THE SUPREME COURT
General FundState Appropriation (FY 2022)
. . . .
(($9,781,000))
     
$9,744,000
General FundState Appropriation (FY 2023)
. . . .
(($9,848,000))
     
$11,045,000
TOTAL APPROPRIATION
. . . .
(($19,629,000))
     
$20,789,000
Sec. 110. 2021 c 334 s 112 (uncodified) is amended to read as follows:
FOR THE LAW LIBRARY
General FundState Appropriation (FY 2022)
. . . .
(($1,811,000))
     
$1,792,000
General FundState Appropriation (FY 2023)
. . . .
(($1,821,000))
     
$1,936,000
TOTAL APPROPRIATION
. . . .
(($3,632,000))
     
$3,728,000
Sec. 111. 2021 c 334 s 113 (uncodified) is amended to read as follows:
FOR THE COMMISSION ON JUDICIAL CONDUCT
General FundState Appropriation (FY 2022)
. . . .
(($1,650,000))
     
$1,638,000
General FundState Appropriation (FY 2023)
. . . .
(($1,649,000))
     
$1,682,000
TOTAL APPROPRIATION
. . . .
(($3,299,000))
     
$3,320,000
Sec. 112. 2021 c 334 s 114 (uncodified) is amended to read as follows:
FOR THE COURT OF APPEALS
General FundState Appropriation (FY 2022)
. . . .
(($21,818,000))
     
$21,706,000
General FundState Appropriation (FY 2023)
. . . .
(($22,146,000))
     
$22,729,000
TOTAL APPROPRIATION
. . . .
(($43,964,000))
     
$44,435,000
Sec. 113. 2021 c 334 s 115 (uncodified) is amended to read as follows:
FOR THE ADMINISTRATOR FOR THE COURTS
General FundState Appropriation (FY 2022)
. . . .
(($157,168,000))
     
$88,031,000
General FundState Appropriation (FY 2023)
. . . .
(($81,033,000))
     
$125,158,000
General FundFederal Appropriation
. . . .
$2,209,000
General FundPrivate/Local Appropriation
. . . .
$681,000
Judicial Stabilization Trust AccountState
Appropriation
. . . .
(($6,692,000))
     
$164,192,000
Judicial Information Systems AccountState
Appropriation
. . . .
(($60,664,000))
     
$61,550,000
TOTAL APPROPRIATION
. . . .
(($308,447,000))
     
$441,821,000
The appropriations in this section are subject to the following conditions and limitations:
(1) The distributions made under this section and distributions from the county criminal justice assistance account made pursuant to section 801 of this act constitute appropriate reimbursement for costs for any new programs or increased level of service for purposes of RCW 43.135.060.
(2)(a) $7,000,000 of the general fundstate appropriation for fiscal year 2022 and $7,000,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for distribution to county juvenile court administrators for the costs associated with processing and case management of truancy, children in need of services, and at-risk youth referrals. The administrator for the courts, in conjunction with the juvenile court administrators, shall develop an equitable funding distribution formula. The formula must neither reward counties with higher than average per-petition/referral processing costs nor shall it penalize counties with lower than average per-petition/referral processing costs.
(b) Each fiscal year during the 2021-2023 fiscal biennium, each county shall report the number of petitions processed and the total actual costs of processing truancy, children in need of services, and at-risk youth petitions. Counties shall submit the reports to the administrator for the courts no later than 45 days after the end of the fiscal year. The administrator for the courts shall electronically transmit this information to the chairs and ranking minority members of the house of representatives and senate fiscal committees no later than 60 days after a fiscal year ends. These reports are informational in nature and are not for the purpose of distributing funds.
(3) $150,000 of the general fundstate appropriation for fiscal year 2022 and $150,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for providing all courts with an electronic demographic survey for jurors who begin a jury term. The survey must collect data on each juror's race, ethnicity, age, sex, employment status, educational attainment, and income, as well as any other data approved by order of the chief justice of the Washington state supreme court. This electronic data gathering must be conducted and reported in a manner that preserves juror anonymity. The administrative office of the courts shall provide this demographic data in a report to the governor and the appropriate committees of the legislature, and publish a copy of the report on a publicly available internet address by June 30, 2023.
(4)(a) $150,000 of the general fundstate appropriation for fiscal year 2022 and $150,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for the center for court research at the administrative office of the courts to review the number and types of young individuals placed on electronic home monitoring over a 10 year time period. The center for court research shall work in collaboration with the Washington state partnership council on juvenile justice and the juvenile block grant proviso committee (which includes a representative from the juvenile rehabilitation administration, the office of the administrator of the courts, the office of financial management, and the juvenile courts) to identify the number of individuals under the age of 26 that have been placed on electronic home monitoring by the department of children, youth, and families and the number of individuals placed on electronic home monitoring by or through juvenile courts from the year 2010 through 2020. At a minimum, the study must identify:
(i) How electronic home monitoring is defined and used by each entity;
(ii) The various types of electronic home monitoring services and the equipment used by each entity;
(iii) Whether the type of electronic home monitoring equipment used is different depending upon the age or type of the offender;
(iv) Whether the state or local entity provides the supervision and monitoring of individuals placed on electronic home monitoring or whether the supervision and monitoring are contracted services;
(v) By age, demographics, ethnicity, and race, the number of individuals that participated on electronic home monitoring each year;
(vi) By age, the offense committed that resulted in the individual being placed on electronic home monitoring, and the average duration of time individuals spent on electronic home monitoring; and
(vii) Whether electronic home monitoring was used as an alternative to or in lieu of incarceration or whether electronic home monitoring was used in addition to incarceration.
(b) The center for court research must complete a preliminary report by June 30, 2022, and submit a final report to the appropriate committees of the legislature by June 30, 2023.
(5) (($44,500,000 of the general fundstate appropriation for fiscal year 2022 is provided solely to assist counties with costs of resentencing and vacating the sentences of defendants whose convictions or sentences are affected by the State v. Blake decision. Subject to the availability of amounts provided in this section, the office must provide grants to counties that demonstrate extraordinary judicial, prosecution, or defense expenses for those purposes. The office must establish an application process for county clerks to seek funding and an equitable prioritization process for distributing the funding.
(6) $23,500,000 of the general fundstate appropriation for fiscal year 2022 is provided solely to establish a legal financial obligation aid pool to assist counties that are obligated to refund legal financial obligations previously paid by defendants whose convictions or sentences were affected by the State v. Blake ruling. County clerks may apply to the administrative office of the courts for a grant from the pool to assist with extraordinary costs of these refunds. State aid payments made to a county from the pool must first be attributed to any legal financial obligations refunded by the county on behalf of the state. The office must establish an application process for county clerks to seek funding and an equitable prioritization process for distributing the funding.
(7)))$44,500,000 of the judicial stabilization trust accountstate appropriation is provided solely to assist counties with costs of complying with the State v. Blake decision that arise from the county's role in operating the state's criminal justice system, including resentencing, vacating prior convictions for simple drug possession, and certifying refunds of legal financial obligations and collections costs. The office shall contract with counties for judicial, clerk, and prosecution expenses for these purposes.
(6) $70,000,000 of the judicial stabilization trust accountstate appropriation is provided solely to establish a legal financial obligation aid pool for counties to refund legal financial obligations and collection costs previously paid by defendants whose convictions have been vacated by court order due to the State v. Blake ruling. Once a direct refund process is established, superior court clerks or district court administrators must certify, and send to the office, the amount of any refund ordered by the court.
(7) $1,782,000 of the general fundstate appropriation for fiscal year 2022 and $749,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for the implementation of Engrossed Second Substitute House Bill No. 1320 (civil protection orders). ((If the bill is not enacted by June 30, 2021, the amounts provided in this subsection shall lapse.))
(8) $68,000 of the general fundstate appropriation for fiscal year 2022 and $60,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for the implementation of Second Substitute House Bill No. 1219 (youth counsel-dependency). ((If the bill is not enacted by June 30, 2021, the amounts provided in this subsection shall lapse.))
(9) $110,000 of the general fundstate appropriation for fiscal year 2022 and $165,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for the implementation of House Bill No. 1167 (Thurston county superior court judge). ((If the bill is not enacted by June 30, 2021, the amount provided in this subsection shall lapse.))
(10) $1,094,000 of the general fundstate appropriation for fiscal year 2022 and $1,094,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for the statewide fiscal impact on Thurston county courts. It is the intent of the legislature that this policy will be continued in subsequent fiscal biennia.
(11) (($4,505,000))$6,430,000 of the general fundstate appropriation for fiscal year 2022 and (($4,505,000))$8,216,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for implementation of Engrossed Second Substitute Senate Bill No. 5160 (landlord-tenant relations), including the management of an eviction resolution pilot program. By June 30, 2022, the department shall provide to the legislature a detailed report of eviction resolution program expenditures and outcomes including but not limited to the number of dispute resolution centers participating in the program, the number of individuals served by dispute resolution centers in the program, the average cost of resolution proceedings, and the number of qualified individuals who applied but were unable to be served by dispute resolution centers due to lack of funding or other reasons. ((If the bill is not enacted by June 30, 2021, the amounts provided in this subsection shall lapse.))
(12) $325,000 of the general fundstate appropriation for fiscal year 2022 and $304,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for implementation of Second Substitute Senate Bill No. 5331 (early childhood court program). ((If the bill is not enacted by June 30, 2021, the amounts provided in this subsection shall lapse.))
(13) $44,000 of the general fundstate appropriation for fiscal year 2022 is provided solely for implementation of Engrossed Substitute Senate Bill No. 5226 (license suspensions/traffic). ((If the bill is not enacted by June 30, 2021, the amount provided in this subsection shall lapse.))
(14) (($8,000,000))$3,000,000 of the general fundstate appropriation for fiscal year 2022 ((is))and $3,000,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for distribution to local courts for costs 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))2022, the administrative office of the courts will provide a report on distributions to local courts including, but not limited to, the amount provided to each court, the number of guardianship cases funded at each court, costs segregated by attorney appointments and court visitor appointments, the amount of any pro rata reductions, and a recommendation on how to forecast distributions for potential future funding by the legislature.
(15) $375,000 of the general fundstate appropriation for fiscal year 2022 and (($285,000))$3,185,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for lease expenses and costs to relocate staff from the temple of justice to another workspace if the omnibus capital appropriation act provides funding for improvements to the heating, ventilation, lighting, and plumbing improvements to the temple of justice. Staff from the administrative office of the courts shall work with the department of enterprise services and the office of financial management to acquire temporary space in a state owned facility that meets the needs of the supreme court. If a state facility cannot be found, the court may acquire temporary workspace as it chooses.
(16) $63,000 of the general fundstate appropriation for fiscal year 2022 and $251,000 of the general fundstate appropriation for fiscal year 2023 is provided solely to facilitate and coordinate the scheduling of resentencing hearings for individuals impacted by the State v. Blake decision.
(17) $830,000 of the general fundstate appropriation for fiscal year 2023 is provided solely to address data quality issues across Washington state court management systems.
(18) $8,200,000 of the general fundstate appropriation for fiscal year 2023 is provided solely for assistance to trial courts across the state to address the trial court backlog created by the pandemic through the use of pro tem judges and backlog coordinators.
(19) $5,000,000 of the general fundstate appropriation for fiscal year 2023 is provided solely for audio visual upgrades in courtrooms across the state.
(20) $1,785,000 of the general fundstate appropriation for fiscal year 2022 and $3,215,000 of the general fundstate appropriation for fiscal year 2023 is provided solely for distribution to the trial courts to address impacts of the COVID-19 pandemic.
(21) $4,900,000 of the general fundstate appropriation for fiscal year 2023 is provided solely for grant funding for the establishment of therapeutic courts.
(22) $520,000 of the general fundstate appropriation for fiscal year 2023 is provided solely to establish pilot self-help centers in two courthouses, one on each side of the state.
(23) $82,000 of the general fundstate appropriation for fiscal year 2023 is provided solely for implementation of Engrossed Substitute Senate Bill No. 5490 (interbranch advisory committee). If the bill is not enacted by June 30, 2022, the amount provided in this subsection shall lapse.
(24) $341,000 of the general fundstate appropriation for fiscal year 2023 is provided solely for implementation of Substitute Senate Bill No. 5575 (superior court judges in Snohomish county). If the bill is not enacted by June 30, 2022, the amount provided in this subsection shall lapse.
(25) $116,000 of the general fundstate appropriation for fiscal year 2023 is provided solely for implementation of Senate Bill No. 5788 (minor guardianship). If the bill is not enacted by June 30, 2022, the amount provided in this subsection shall lapse.
(26) $2,025,000 of the general fundstate appropriation for fiscal year 2023 is provided solely for activities of the office relating to the resentencing of individuals and refund of legal financial obligations and costs associated with the State v. Blake ruling. In addition to contracting with cities and counties for the disbursement of funds appropriated for resentencing costs, the office must:
(a) Collaborate with superior court clerks, district court administrators, and municipal court administrators to prepare comprehensive reports, based on available court records, of all cause numbers impacted by State v. Blake going back to 1971; and
(b) Establish a process to locate and notify individuals of available refunds and notify those individuals of the application process necessary to claim the refund and issue payment from the legal financial obligation aid pool upon submission and approval of applications. The office shall continue to reimburse counties for any legal and financial obligation refunds made pursuant to a court order pending the implementation of a direct refund process.
(27) $23,000,000 of the judicial stabilization trust accountstate appropriation is provided solely to assist cities with costs of complying with the State v. Blake ruling that arise from the city's role in operating the municipal criminal justice system, including resentencing, vacating prior convictions for simple drug possession, and certifying refunds of legal financial obligations and collections costs. The office shall contract with cities for judicial, clerk, prosecution, and defense expenses for these purposes.
(28) $20,000,000 of the judicial stabilization trust accountstate appropriation is provided solely to establish a legal financial obligation aid pool for cities to refund legal financial obligations and collection costs previously paid by defendants whose convictions have been vacated by court order due to the State v. Blake ruling. Once a direct refund process is established, municipal administrators must certify, and send to the office, the amount of any refund ordered by the court.
(29) $1,892,000 of the general fundstate appropriation for fiscal year 2023 is provided solely for distribution to counties to help cover the cost 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 respondent is unable to pay.
Sec. 114. 2021 c 334 s 116 (uncodified) is amended to read as follows:
FOR THE OFFICE OF PUBLIC DEFENSE
General FundState Appropriation (FY 2022)
. . . .
(($53,975,000))
     
$54,491,000
General FundState Appropriation (FY 2023)
. . . .
(($54,202,000))
     
$58,154,000
General FundFederal Appropriation
. . . .
$362,000
General FundPrivate/Local Appropriation
. . . .
$30,000
Judicial Stabilization Trust AccountState
Appropriation
. . . .
(($3,896,000))
     
$3,901,000
TOTAL APPROPRIATION
. . . .
(($112,465,000))
     
$116,938,000
The appropriations in this section are subject to the following conditions and limitations:
(1) $250,000 of the general fundstate appropriation for fiscal year 2022 and $250,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for the office of public defense to contract with a free legal clinic that has a medical-legal partnership and that currently provides parent representation to at-risk clients in dependency cases in Snohomish, Skagit, and King counties. Within amounts appropriated, the clinic must provide legal representation to parents who are pregnant or recently postpartum who are at risk of child abuse or neglect reports or investigations.
(2) $900,000 of the general fundstate appropriation for fiscal year 2022 and $900,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for the purpose of improving the quality of trial court public defense services. The office of public defense must allocate these amounts so that $450,000 per fiscal year is distributed to counties, and $450,000 per fiscal year is distributed to cities, for grants under chapter 10.101 RCW.
(3) $5,000 of the general fundstate appropriation for fiscal year 2022 and $14,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for the implementation of Second Substitute House Bill No. 1219 (youth counsel-dependency). ((If the bill is not enacted by June 30, 2021, the amounts provided in this subsection shall lapse.))
(4) $443,000 of the general fundstate appropriation for fiscal year 2022 and $683,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for the implementation of Engrossed Substitute House Bill No. 1140 (juvenile access to attorneys). ((If the bill is not enacted by June 30, 2021, the amounts provided in this subsection shall lapse.))
(5) $5,500,000 of the general fundstate appropriation for fiscal year 2022 and $5,500,000 of the general fundstate appropriation for fiscal year 2023 are provided solely to assist counties with public defense costs related to vacating the sentences of defendants whose convictions or sentences are affected by the State v. Blake decision. Of the amounts provided in this subsection:
(a) $400,000 of the general fundstate appropriation for fiscal year 2022 and $400,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for the office of public defense to provide statewide attorney training, technical assistance, data analysis and reporting, and quality oversight and for administering financial assistance for public defense costs related to State v. Blake impacts; and
(b) $5,100,000 of the general fundstate appropriation for fiscal year 2022 and $5,100,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for grants allocated for public defense assistance. The allocation of grant funding shall be determined based upon a formula as established by the office of public defense, and must be provided: (i) To assist counties providing counsel for clients seeking to vacate a sentence or to be resentenced under the State v. Blake decision; and (ii) to assist counties that may designate the office of public defense to contract directly with attorneys to represent and assist clients seeking to vacate a sentence or to be resentenced under the State v. Blake decision.
(6) $286,000 of the general fundstate appropriation for fiscal year 2022 and $1,008,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for the implementation of a triage team to provide statewide support to the management and flow of hearings for incarcerated individuals impacted by the State v. Blake decision.
(7) $153,000 of the general fundstate appropriation for fiscal year 2023 is provided solely to cover fees charged by county clerks for electronic access to court documents for staff and contracted public defense attorneys.
(8) $20,000 of the general fundstate appropriation for fiscal year 2023 is provided solely for the research and development of a proposal for the office of public defense to assume statewide administration of public defense services involving legal proceedings for indigent persons who are not guilty by reason of insanity.
(9) $41,000 of the general fundstate appropriation for fiscal year 2022 and $286,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for two managing attorney positions within the office of public defense.
Sec. 115. 2021 c 334 s 117 (uncodified) is amended to read as follows:
FOR THE OFFICE OF CIVIL LEGAL AID
General FundState Appropriation (FY 2022)
. . . .
(($41,280,000))
     
$41,709,000
General FundState Appropriation (FY 2023)
. . . .
(($42,685,000))
     
$46,851,000
General FundFederal Appropriation
. . . .
$379,000
Judicial Stabilization Trust AccountState
Appropriation
. . . .
$1,464,000
TOTAL APPROPRIATION
. . . .
(($85,808,000))
     
$90,403,000
The appropriations in this section are subject to the following conditions and limitations:
(1) An amount not to exceed $40,000 of the general fund—state appropriation for fiscal year 2022 and an amount not to exceed $40,000 of the general fund—state appropriation for fiscal year 2023 may be used to provide telephonic legal advice and assistance to otherwise eligible persons who are sixty years of age or older on matters authorized by RCW 2.53.030(2) (a) through (k) regardless of household income or asset level.
(2) The office of civil legal aid shall enter into an interagency agreement with the department of children, youth, and families to facilitate the use of federal title IV-E reimbursement for child representation services.
(3) $568,000 of the general fundstate appropriation for fiscal year 2022 is appropriated solely to continue and expand civil legal representation for tenants in eviction cases.
(4) Up to $165,000 of the general fundstate appropriation for fiscal year 2022 may be used to wind down the children's representation study authorized in section 28, chapter 20, Laws of 2017 3rd sp. sess.
(5) $5,440,000 of the general fundstate appropriation for fiscal year 2022 and $5,000,000 of the general fundstate appropriation for fiscal year 2023 are provided solely to continue civil legal assistance to individuals and families directly and indirectly affected by the COVID-19 pandemic and its related health, social, economic, legal, and related consequences.
(6) $159,000 of the general fundstate appropriation for fiscal year 2022 and $1,511,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for the implementation of Second Substitute House Bill No. 1219 (youth counsel/dependency). ((If the bill is not enacted by June 30, 2021, the amounts provided in this subsection shall lapse.))
(7) (($10,772,000))$11,122,000 of the general fundstate appropriation for fiscal year 2022 and (($11,478,000))$12,957,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for implementation of Engrossed Second Substitute Senate Bill No. 5160 (landlord-tenant relations), including representation of indigent tenants in unlawful detainer cases. By June 30, 2022, the department shall provide to the legislature a detailed report of program expenditures and outcomes including but not limited to the number of individuals served, the average cost of a representation case, and the number of qualified individuals who qualified for but were unable to receive representation for funding or other reasons. ((If the bill is not enacted by June 30, 2021, the amounts provided in this subsection shall lapse.))
(8) $600,000 of the general fundstate appropriation for fiscal year 2022 and $600,000 of the general fundstate appropriation for fiscal year 2023 are provided solely to provide online automated plain language forms, outreach, education, technical assistance, and some legal assistance to help resolve civil matters surrounding legal financial obligations and vacating the sentences of defendants whose convictions or sentences are affected by the State v. Blake decision.
(9) $78,000 of the general fundstate appropriation for fiscal year 2022 and $313,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for the office of civil legal aid to cover the cost of contract adjustments necessary to conform attorney contracting practices with applicable caseload standards established by the supreme court commission on children in foster care.
(10) $2,000,000 of the general fundstate appropriation for fiscal year 2023 is provided solely for the office to cover the cost of providing legal assistance to tenants prior to the filing of an unlawful detainer action.
(11) $350,000 of the general fundstate appropriation for fiscal year 2023 is provided solely for the office to improve access for kinship caregivers to complex legal guardianship proceedings by covering the cost of providing guidance and advice for relative caregivers on the process of becoming a legal guardian and other related legal proceedings.
Sec. 116. 2021 c 334 s 118 (uncodified) is amended to read as follows:
FOR THE OFFICE OF THE GOVERNOR
General FundState Appropriation (FY 2022)
. . . .
(($11,093,000))
     
$11,723,000
General FundState Appropriation (FY 2023)
. . . .
(($10,920,000))
     
$16,349,000
Economic Development Strategic Reserve AccountState
Appropriation
. . . .
$5,000,000
TOTAL APPROPRIATION
. . . .
(($27,013,000))
     
$33,072,000
The appropriations in this section are subject to the following conditions and limitations:
(1) (($703,000))$817,000 of the general fund—state appropriation for fiscal year 2022 and (($803,000))$1,146,000 of the general fund—state appropriation for fiscal year 2023 are provided solely for the office of the education ombuds.
(2) $1,289,000 of the general fundstate appropriation for fiscal year 2022 and (($1,289,000))$2,041,000 of the general fundstate appropriation for fiscal year 2023 are provided solely to implement the provisions of chapter 332, Laws of 2020 (state equity office).
(3) $123,000 of the general fundstate appropriation for fiscal year 2022 and $118,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for implementation of Engrossed Substitute Senate Bill No. 5119 (individuals in custody). ((If the bill is not enacted by June 30, 2021, the amounts provided in this subsection shall lapse.))
(4) (($230,000))$180,000 of the general fundstate appropriation for fiscal year 2022 and (($120,000))$209,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for implementation of Engrossed Second Substitute Senate Bill No. 5126 (climate commitment act). ((If the bill is not enacted by June 30, 2021, the amounts provided in this subsection shall lapse.))
(5) $33,000 of the general fundstate appropriation for fiscal year 2022 is provided solely for the office of the education ombuds to support the language access work group that is reconvened and expanded in section 501(3)(g) of this act.
(6)(a) $20,000 of the general fundstate appropriation for fiscal year 2022 is provided solely for the Washington state LGBTQ commission, in collaboration with the health care authority, department of health, advocates for people living with HIV in Washington, consumers, and medical professionals with expertise in serving the medicaid population living with HIV, to consider and develop recommendations regarding:
(i) Access to HIV antiretroviral drugs on the medicaid drug formulary, including short- and long-term fiscal implications of eliminating current prior authorization and fail-first requirements;
(ii) Impact of drug access on public health and the statewide goal of reducing HIV transmissions; and
(iii) Maximizing pharmaceutical drug rebates for HIV antiretroviral drugs.
(b) The commission shall submit a brief report with recommendations to the appropriate committees of the legislature by November 1, 2021.
(7) $150,000 of the general fundstate appropriation for fiscal year 2022 and $150,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for the cost to support the blue ribbon commission on the intersection of the criminal justice and behavioral health crisis systems that will be established by governor executive order.
(8) Within the amounts appropriated in this section, the Washington state office of equity must cofacilitate the Washington digital equity forum, as provided in section 129(70) of this act, with the statewide broadband office.
(9) $80,000 of the general fundstate appropriation for fiscal year 2023 is provided solely for the office of equity to develop resources and provide technical assistance to state agencies on best practices on how to engage communities regarding equity and inclusion when creating equitable budget and policy recommendations.
(10) $350,000 of the general fundstate appropriation for fiscal year 2022 and $25,000 of the general fundstate appropriation for fiscal year 2023 is provided solely to complete an analysis on options to replace the benefits of the four lower Snake river dams as part of a comprehensive salmon recovery strategy for the Columbia and Snake river basins. The analysis shall be completed by July 30, 2022.
(11) $2,484,000 of the general fundstate appropriation for fiscal year 2023 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, 2022, the amount provided in this subsection shall lapse.
(12) Within the amounts appropriated in this section, the governor's office must convene a clean energy workforce transition work group including, but not limited to, the department of commerce, the department of ecology, the employment security department, and representatives of business and labor. The work group must assess workforce development impacts of the effects of climate change as well as the impact of the state's strategies to building a just transition to a clean economy and develop policy and practice recommendations on emerging issues in workforce development related to climate change. By December 1, 2022, the work group must submit its report and recommendations to the appropriate committees of the legislature in an electronic format as required by RCW 43.01.036.
(13) $400,000 of the general fundstate appropriation for fiscal year 2023 is provided solely for the office of equity to facilitate a work group to define "by and for organizations" and recommend policy and systems change to promote equitable policies, practices, and outcomes for "by and for organizations" in public grant making and public contracting with nonprofit organizations. For the purpose of this subsection, "public contracting" means contracting for public works and the procurement of goods and services. The office of equity may contract for services to fulfill the requirements of this section. The work group shall report their findings to the office of the governor and appropriate committees of the legislature by December 31, 2022. The work group is composed of the following members:
(a) The director of the office of equity, or the director's designee, who shall serve as the chair of the work group;
(b) Five representatives from the public, with one representative appointed by each of the following state commissions:
(i) The Washington state commission on African American affairs;
(ii) The Washington state LGBTQ commission;
(iii) The Washington state commission on Hispanic affairs;
(iv) The Washington state commission on Asian Pacific American affairs;
(v) The Washington state women's commission; and
(vi) The office of minority and women's business enterprises established in chapter 39.19 RCW; and
(c) Up to three additional members, appointed by the director of the office of equity, to ensure diverse representation of members by geography and identity.
(14) $50,000 of the general fundstate appropriation for fiscal year 2022 and $250,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for the governor to invite federally recognized tribes, legislative leadership, local governments, agricultural producers, commercial and recreational fisher organizations, business organizations, salmon recovery organizations, forestry and agriculture organizations, and environmental organizations to participate in a process facilitated by an independent entity to develop recommendations on proposed changes in policy and spending priorities to improve riparian habitat to ensure salmon and steelhead recovery.
(a) The recommendations must include:
(i) Ideas for improvements to land use planning and development that ensure the protection and recovery of salmon;
(ii) Standards to protect areas adjacent to streams and rivers;
(iii) Standards to restore areas adjacent to streams and rivers;
(iv) Financial incentives for landowners to protect and restore streamside habitat;
(v) Recommendations to improve salmon recovery program coordination among state agencies; and
(vi) Recommendations for additional changes when voluntary measures and financial incentives do not achieve streamside protection and restoration.
(b) Preliminary recommendations shall be submitted to the legislature and governor by October 1, 2022, with a final report by November 1, 2022.
(c) The office of the governor may contract for an independent facilitator. The contract is exempt from the competitive procurement requirements in chapter 39.26 RCW.
Sec. 117. 2021 c 334 s 119 (uncodified) is amended to read as follows:
FOR THE LIEUTENANT GOVERNOR
General FundState Appropriation (FY 2022)
. . . .
(($1,880,000))
     
$1,861,000
General FundState Appropriation (FY 2023)
. . . .
(($1,598,000))
     
$1,448,000
General FundPrivate/Local Appropriation
. . . .
$90,000
TOTAL APPROPRIATION
. . . .
(($3,568,000))
     
$3,399,000
The appropriations in this section are subject to the following conditions and limitations:
(1) $300,000 of the general fundstate appropriation for fiscal year 2022 is provided solely for the legislative committee on economic development and international relations to conduct a business competitiveness analysis of the state's economy. Expenditure of the amount provided in this section must comply with chapter 39.26 RCW.
(2) $13,000 of the general fundstate appropriation for fiscal year 2023 is provided solely for implementation of Substitute Senate Bill No. 5756 (semiquincentennial committee). If the bill is not enacted by June 30, 2022, the amount provided in this subsection shall lapse.
Sec. 118. 2021 c 334 s 120 (uncodified) is amended to read as follows:
FOR THE PUBLIC DISCLOSURE COMMISSION
General FundState Appropriation (FY 2022)
. . . .
(($5,724,000))
     
$5,729,000
General FundState Appropriation (FY 2023)
. . . .
(($5,545,000))
     
$5,913,000
Public Disclosure Transparency AccountState
Appropriation
. . . .
(($1,014,000))
     
$934,000
TOTAL APPROPRIATION
. . . .
(($12,283,000))
     
$12,576,000
The appropriations in this section are subject to the following conditions and limitations:
(1) $280,000 of the public disclosure transparency account—state appropriation is provided solely for staff for business analysis and project management of information technology projects.
(2) No moneys may be expended from the appropriations in this section to establish an electronic directory, archive, or other compilation of political advertising unless explicitly authorized by the legislature.
(3) $424,000 of the public disclosure transparency accountstate appropriation is provided solely for information technology staffing to meet the demands of maintaining online filing and disclosure systems.
(4) $180,000 of the public disclosure transparency accountstate appropriation is provided solely for a dedicated training and outreach staff to develop course materials and facilitate the creation of an expanded filer training program.
Sec. 119. 2021 c 334 s 121 (uncodified) is amended to read as follows:
FOR THE SECRETARY OF STATE
General FundState Appropriation (FY 2022)
. . . .
(($20,922,000))
     
$22,480,000
General FundState Appropriation (FY 2023)
. . . .
(($31,158,000))
     
$46,175,000
General FundFederal Appropriation
. . . .
(($12,760,000))
     
$12,910,000
Public Records Efficiency, Preservation, and Access
AccountState Appropriation
. . . .
(($10,005,000))
     
$10,608,000
Charitable Organization Education AccountState
Appropriation
. . . .
(($901,000))
     
$1,367,000
Washington State Library Operations AccountState
Appropriation
. . . .
(($11,698,000))
     
$14,620,000
Local Government Archives AccountState
Appropriation
. . . .
(($10,120,000))
     
$10,937,000
Election AccountFederal Appropriation
. . . .
(($4,368,000))
     
$4,404,000
Coronavirus State Fiscal Recovery FundFederal
Appropriation
. . . .
$405,000
Personnel Service AccountState Appropriation
. . . .
$1,276,000
TOTAL APPROPRIATION
. . . .
(($101,932,000))
     
$125,182,000
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 to the state library as the designated state library administrative agency solely to administer and distribute institute of museum and library services grants to museums, tribal partners, and libraries for eligible expenses and services. Pursuant to federal directive, no more than four percent of distributed funds may be held for grant administration.
(13) $1,000,000 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 educational outreach related to voter registration, voting, and elections; and to improve access to voting and the election process.
(14) $300,000 of the general fundstate appropriation for fiscal year 2022 and $700,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for humanities Washington's prime time family reading program to provide family literacy services to children who are not reading at grade level.
(15) $8,000,000 of the general fundstate appropriation for fiscal year 2023 is provided solely for:
(a) Funding the security operations center, including identified needs for expanded operations, systems, technology tools, training resources;
(b) Additional staff dedicated to the cyber and physical security of election operations at the office and county election offices;
(c) Expanding security assessments, threat monitoring, enhanced security training; and
(d) Providing grants to county partners to address identified threats and expand existing grants and contracts with other public and private organizations such as the Washington military department, national guard, private companies providing cyber security, and county election offices.
(16) $1,276,000 of the personnel services accountstate appropriation is provided solely for implementation of Engrossed Substitute Senate Bill No. 5082 (productivity board). If the bill is not enacted by June 30, 2022, the amount provided in this subsection shall lapse.
(17) $405,000 of the general fundstate appropriation for fiscal year 2022 is provided solely for TVW equipment upgrades, including new encoders and router cards, and a refresh of its robotics system.
(18) $55,000 of the general fundstate appropriation for fiscal year 2023 is provided solely for upgrading technology and usefulness of a conference room in the main office of the secretary of state with modern telecommunications tools and technology and increasing privacy.
(19) $25,000 of the general fundstate appropriation for fiscal year 2023 is provided solely for implementing a voter registration system in conjunction with the department of licensing, department of social and health services, health benefit exchange, and county election officials by December 31, 2023, that uses information and documentation already presented by eligible agency customers to automatically transmit information necessary for voter registration and voter registration updates, and enables applicants to make a decision about voter registration and any necessary corrections by returning a notice mailed by election officials. The proposal shall consider upgraded systems implemented in Colorado and other states to enact this change in their voter registration system in 2022. Recommendations must be developed with the full participation of community organizations that work in support of civic engagement. The secretary shall present their recommendations, and any barriers to their implementation, to the legislature by December 1, 2022.
(20) $41,000 of the general fundstate appropriation for fiscal year 2022 and $203,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for implementation of Senate Bill No. 5534 (verifiable credentials). If the bill is not enacted by June 30, 2022, the amounts provided in this subsection shall lapse.
Sec. 120. 2021 c 334 s 122 (uncodified) is amended to read as follows:
FOR THE GOVERNOR'S OFFICE OF INDIAN AFFAIRS
General FundState Appropriation (FY 2022)
. . . .
(($905,000))
     
$902,000
General FundState Appropriation (FY 2023)
. . . .
(($401,000))
     
$644,000
TOTAL APPROPRIATION
. . . .
(($1,306,000))
     
$1,546,000
The appropriations in this section are subject to the following conditions and limitations:
(1) The office shall assist the department of enterprise services on providing the government-to-government training sessions for federal, state, local, and tribal government employees. The training sessions shall cover tribal historical perspectives, legal issues, tribal sovereignty, and tribal governments. Costs of the training sessions shall be recouped through a fee charged to the participants of each session. The department of enterprise services shall be responsible for all of the administrative aspects of the training, including the billing and collection of the fees for the training.
(2) $500,000 of the general fundstate appropriation for fiscal year 2022 is provided solely for the governor's office of Indian affairs to engage in a process to develop recommendations on improving executive and legislative tribal relationships. In developing the recommendations, the governor's office of Indian affairs may contract with a third party facilitator.
(a) The governor's office of Indian affairs or the contracted third party must host and facilitate discussions between the executive branch, the legislative branch, and Indian tribes as defined in RCW 43.376.010 to develop the recommendations.
(b) By December 20, 2021, the governor's office of Indian affairs must submit a report of recommendations to the Governor and legislature in accordance with RCW 43.01.036. At a minimum, the report should include recommendations on:
(i) An examination of government-to-government relationship with Indian tribes as in chapter 43.376 RCW;
(ii) The consultation processes; and
(iii) Training to be provided to state agencies and the legislature.
Sec. 121. 2021 c 334 s 123 (uncodified) is amended to read as follows:
FOR THE COMMISSION ON ASIAN PACIFIC AMERICAN AFFAIRS
General FundState Appropriation (FY 2022)
. . . .
(($448,000))
     
$473,000
General FundState Appropriation (FY 2023)
. . . .
(($462,000))
     
$528,000
TOTAL APPROPRIATION
. . . .
(($910,000))
     
$1,001,000
Sec. 122. 2021 c 334 s 124 (uncodified) is amended to read as follows:
FOR THE STATE TREASURER
General FundState Appropriation (FY 2022)
. . . .
$250,000
General FundState Appropriation (FY 2023)
. . . .
(($250,000))
     
$300,000
State Treasurer's Service AccountState
Appropriation
. . . .
(($20,375,000))
     
$20,926,000
TOTAL APPROPRIATION
. . . .
(($20,875,000))
     
$21,476,000
The appropriation in this section is subject to the following conditions and limitations:
(1) $250,000 of the general fundstate appropriation for fiscal year 2022 and $250,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for implementation of Engrossed Substitute House Bill No. 1189 (tax increment financing). ((If the bill is not enacted by June 30, 2021, the amounts provided in this subsection shall lapse.))
(2) $50,000 of the general fundstate appropriation for fiscal year 2023 is provided solely for the purpose of conducting research and analysis into the potential of adopting in Washington state a future fund similar to the proposal contained in Substitute Senate Bill No. 5752 (Washington future fund) or a baby bond type program enacted in other states and local jurisdictions such as Connecticut and the District of Columbia. The office of the state treasurer must submit a report to the appropriate committees of the legislature no later than December 1, 2023. In conducting its research, the treasurer must:
(a) Study how similar programs have been developed and established in other jurisdictions;
(b) Address eligibility criteria for account establishment, residency requirements, eligibility for account access, and approved use of funds;
(c) Address all financial and fiscal aspects of the program, including the long-term costs of establishing the fund, estimated annual appropriations, how funds would be invested and estimated payouts, what agency or agencies would be responsible for management of the accounts, what agency or agencies would be responsible for verifying applicant eligibility, and administrative and technology costs of establishing and maintaining the program; and
(e) Address any legal barriers or risks in establishing the program including state constitutional limitations and avoiding the creation of fiduciary duties or contractual rights with program participants.
Sec. 123. 2021 c 334 s 125 (uncodified) is amended to read as follows:
FOR THE STATE AUDITOR
General FundState Appropriation (FY 2022)
. . . .
(($613,000))
     
$463,000
General FundState Appropriation (FY 2023)
. . . .
(($1,062,000))
     
$1,212,000
Auditing Services Revolving AccountState
Appropriation
. . . .
(($14,456,000))
     
$16,379,000
Performance Audits of Government AccountState
Appropriation
. . . .
(($1,683,000))
     
$1,727,000
TOTAL APPROPRIATION
. . . .
(($17,814,000))
     
$19,781,000
The appropriations in this section are subject to the following conditions and limitations:
(1) $1,585,000 of the performance audit of government accountstate appropriation is provided solely for staff and related costs to verify the accuracy of reported school district data submitted for state funding purposes; conduct school district program audits of state-funded public school programs; establish the specific amount of state funding adjustments whenever audit exceptions occur and the amount is not firmly established in the course of regular public school audits; and to assist the state special education safety net committee when requested.
(2) Within existing resources of the performance audits of government account, the state auditor's office shall conduct a performance audit or accountability audit of Washington charter public schools to satisfy the requirement to contract for an independent performance audit pursuant to RCW 28A.710.030(2).
(3) $825,000 of the auditing services revolving accountstate appropriation is provided solely for accountability and risk based audits.
(4) (($585,000))$435,000 of the general fundstate appropriation for fiscal year 2022 and (($1,030,000))$1,180,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for the implementation of Engrossed Second Substitute House Bill No. 1089 (law enforcement audits). ((If the bill is not enacted by June 30, 2021, the amounts provided in this subsection shall lapse.))
Sec. 124. 2021 c 334 s 126 (uncodified) is amended to read as follows:
FOR THE CITIZENS' COMMISSION ON SALARIES FOR ELECTED OFFICIALS
General FundState Appropriation (FY 2022)
. . . .
(($252,000))
     
$250,000
General FundState Appropriation (FY 2023)
. . . .
(($279,000))
     
$283,000
TOTAL APPROPRIATION
. . . .
(($531,000))
     
$533,000
Sec. 125. 2021 c 334 s 127 (uncodified) is amended to read as follows:
FOR THE ATTORNEY GENERAL
General FundState Appropriation (FY 2022)
. . . .
(($18,708,000))
     
$22,829,000
General FundState Appropriation (FY 2023)
. . . .
(($23,379,000))
     
$26,495,000
General FundFederal Appropriation
. . . .
(($18,226,000))
     
$21,944,000
Public Service Revolving AccountState Appropriation
. . . .
(($4,145,000))
     
$4,334,000
New Motor Vehicle Arbitration AccountState
Appropriation
. . . .
(($1,721,000))
     
$1,782,000
Medicaid Fraud Penalty AccountState Appropriation
. . . .
(($5,862,000))
     
$6,107,000
Child Rescue FundState Appropriation
. . . .
$80,000
Legal Services Revolving AccountState Appropriation
. . . .
(($300,291,000))
     
$343,358,000
Local Government Archives AccountState
Appropriation
. . . .
(($1,004,000))
     
$1,045,000
Tobacco Prevention and Control AccountState
Appropriation
. . . .
$275,000
Consumer Privacy AccountState Appropriation
. . . .
(($1,241,000))
     
$548,000
TOTAL APPROPRIATION
. . . .
(($374,932,000))
     
$428,797,000
The appropriations in this section are subject to the following conditions and limitations:
(1) The attorney general shall report each fiscal year on actual legal services expenditures and actual attorney staffing levels for each agency receiving legal services. The report shall be submitted to the office of financial management and the fiscal committees of the senate and house of representatives no later than ninety days after the end of each fiscal year. As part of its by agency report to the legislative fiscal committees and the office of financial management, the office of the attorney general shall include information detailing the agency's expenditures for its agency-wide overhead and a breakdown by division of division administration expenses.
(2) Prior to entering into any negotiated settlement of a claim against the state that exceeds five million dollars, the attorney general shall notify the director of financial management and the chairs and ranking members of the senate committee on ways and means and the house of representatives committee on appropriations.
(3) The attorney general shall annually report to the fiscal committees of the legislature all new cy pres awards and settlements and all new accounts, disclosing their intended uses, balances, the nature of the claim or account, proposals, and intended timeframes for the expenditure of each amount. The report shall be distributed electronically and posted on the attorney general's web site. The report shall not be printed on paper or distributed physically.
(4) $161,000 of the general fundstate appropriation for fiscal year 2022 and $161,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for the civil rights unit to provide additional services in defense and protection of civil and constitutional rights for people in Washington.
(5) $8,392,000 of the legal services revolving accountstate appropriation is provided solely for child welfare and permanency staff.
(6) $617,000 of the general fundstate appropriation for fiscal year 2022 and $617,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for multi-year arbitrations of the state's diligent enforcement of its obligations to receive amounts withheld from tobacco master settlement agreement payments.
(7) $1,600,000 of the legal services revolving fundstate appropriation is provided solely for the office to compel the United States department of energy to meet Hanford cleanup deadlines.
(8) $28,000 of the legal services revolving fundstate appropriation is provided solely for implementation of Engrossed Second Substitute Senate Bill No. 5022 (recycling, waste and litter). ((If the bill is not enacted by June 30, 2021, the amount provided in this subsection shall lapse.))
(9) $584,000 of the legal services revolving fundstate appropriation is provided solely for implementation of Engrossed Second Substitute Senate Bill No. 5051 (peace & correction officers). ((If the bill is not enacted by June 30, 2021, the amount provided in this subsection shall lapse.))
(10) (($1,241,000))$548,000 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))2022, the amount provided in this subsection shall lapse.
(11) $122,000 of the legal services revolving accountstate appropriation is provided solely for implementation of Engrossed Substitute Senate Bill No. 5096 (capital gains tax). ((If the bill is not enacted by June 30, 2021, the amount provided in this subsection shall lapse.))
(12) $256,000 of the legal services revolving fundstate appropriation is provided solely for implementation of Engrossed Substitute Senate Bill No. 5097 (paid leave coverage). ((If the bill is not enacted by June 30, 2021, the amount provided in this subsection shall lapse.))
(13) (($170,000))$284,000 of the legal services revolving fundstate appropriation is provided solely for implementation of Engrossed Second Substitute Senate Bill No. 5126 (climate commitment). ((If the bill is not enacted by June 30, 2021, the amount provided in this subsection shall lapse.))
(14) $395,000 of the legal services revolving accountstate appropriation is provided solely for implementation of Engrossed Substitute Senate Bill No. 5141 (environmental justice task force). ((If the bill is not enacted by June 30, 2021, the amount provided in this subsection shall lapse.))
(15) $1,198,000 of the legal services revolving accountstate appropriation is provided solely for implementation of Engrossed Second Substitute Senate Bill No. 5163 (conditionally released SVPs). ((If the bill is not enacted by June 30, 2021, the amount provided in this subsection shall lapse.))
(16) $218,000 of the general fundstate appropriation for fiscal year 2022 and $5,107,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for implementation of Engrossed Second Substitute Senate Bill No. 5259 (law enforcement data). ((If the bill is not enacted by June 30, 2021, the amounts provided in this subsection shall lapse.))
(17) (($1,485,000))$693,000 of the general fundstate appropriation for fiscal year 2022 and (($958,000))$1,750,000 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 tip line development and implementation including 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. The attorney general may determine the criteria for honorariums and award youth who participate in the tip line development and implementation an honorarium of up to $200 per day.
(f) In addition to honorarium amounts, youth are eligible for reasonable allowances for reimbursement, lodging, and travel expenses as provided in RCW 43.03.050 and 43.03.060.
(g) Nothing in this subsection creates an employment relationship, or any membership or qualification in any state or other publicly supported retirement system, due to the payment of an honorarium or lodging and travel expenses provided under this subsection where such a relationship, membership, or qualification did not already exist.
(((19)))(18) $196,000 of the legal services revolving accountstate appropriation is provided solely to provide staff support to the joint legislative task force on jail standards created in section 957 of this act.
(((20)))(19) $38,000 of the legal services revolving accountstate appropriation is provided solely for implementation of Second Substitute House Bill No. 1148 (acute care hospitals). ((If the bill is not enacted by June 30, 2021, the amount provided in this subsection shall lapse.
(21)))(20) $294,000 of the legal services revolving accountstate appropriation is provided solely for implementation of Substitute House Bill No. 1259 (women & minority contracting). ((If the bill is not enacted by June 30, 2021, the amount provided in this subsection shall lapse.
(22)))(21) $1,207,000 of the legal services revolving accountstate appropriation is provided solely for implementation of Second Substitute House Bill No. 1219 (youth counsel/dependency). ((If the bill is not enacted by June 30, 2021, the amount provided in this subsection shall lapse.
(23)))(22) $28,000 of the legal services revolving accountstate appropriation is provided solely for implementation of Engrossed Second Substitute House Bill No. 1089 (law enforcement audits). ((If the bill is not enacted by June 30, 2021, the amount provided in this subsection shall lapse.
(24)))(23) $123,000 of the legal services revolving accountstate appropriation is provided solely for implementation of Engrossed Third Substitute House Bill No. 1091 (transportation fuel/carbon). ((If the bill is not enacted by June 30, 2021, the amount provided in this subsection shall lapse.
(25)))(24) $2,080,000 of the legal services revolving accountstate appropriation is provided solely for implementation of Engrossed Second Substitute House Bill No. 1194 (parent-child visitation). ((If the bill is not enacted by June 30, 2021, the amount provided in this subsection shall lapse.
(26)))(25) $121,000 of the legal services revolving accountstate appropriation is provided solely for implementation of Engrossed Second Substitute House Bill No. 1073 (paid leave coverage). ((If the bill is not enacted by June 30, 2021, the amount provided in this subsection shall lapse.
(27)))(26) $247,000 of the general fundstate appropriation for fiscal year 2022 and $247,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for implementation of Engrossed Second Substitute House Bill No. 1310 (uses of force by officers). ((If the bill is not enacted by June 30, 2021, the amounts provided in this subsection shall lapse.
(28)))(27) $25,000 of the general fundstate appropriation for fiscal year 2022 is provided solely for implementation of Engrossed Substitute House Bill No. 1109 (victims of sexual assault). ((If the bill is not enacted by June 30, 2021, the amount provided in this subsection shall lapse.
(29)))(28) $146,000 of the legal services revolving fundstate appropriation is provided solely for implementation of Engrossed Substitute Senate Bill No. 5172 (agricultural overtime). ((If the bill is not enacted by June 30, 2021, the amount provided in this subsection shall lapse.))
(29) $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 on a one-time basis for the office of the attorney general to support the Washington state missing and murdered indigenous women and people task force created in section 939 of this act.
(30) $9,119,000 of the legal services revolving fundstate appropriation is provided solely for additional legal services to address additional legal services necessary for dependency actions where the state and federal Indian child welfare act apply. The office must report to the fiscal committees of the legislature by December 31, 2022, the following information for new cases initiated in calendar year 2022 to measure quantity and use of this funding:
(a) The number and proportion of cases where the state and federal Indian child welfare act (ICWA) applies as compared to non-ICWA new cases;
(b) The length of time to prepare state and federal Indian child welfare act case as compared to non-ICWA cases;
(c) The length of state and federal Indian child welfare act cases as compared to non-ICWA cases measured by time or number of court hearings; and
(d) Any other information or metric the office determines is appropriate to measure the quantity and use of the funding in this subsection.
(31) $470,000 of the general fundstate appropriation for fiscal year 2022 and $280,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for legal services in Wahkiakum School District v. State.
(32) $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 additional legal services in defense of Washington's climate and environment.
(33) $1,910,000 of the general fundstate appropriation for fiscal year 2022 is provided solely for the office to pass through to King county to adequately fund and retain its prosecution services pursuant to chapter 71.09 RCW in King county.
(34) $728,000 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 legal services related to the voting rights case Palmer, et al v. State.
Sec. 126. 2021 c 334 s 128 (uncodified) is amended to read as follows:
FOR THE CASELOAD FORECAST COUNCIL
General FundState Appropriation (FY 2022)
. . . .
(($1,990,000))
     
$1,980,000
General FundState Appropriation (FY 2023)
. . . .
(($1,982,000))
     
$2,213,000
Workforce Education Investment AccountState
Appropriation
. . . .
(($326,000))
     
$331,000
TOTAL APPROPRIATION
. . . .
(($4,298,000))
     
$4,524,000
The appropriations in this section are subject to the following conditions and limitations:
(1) (($326,000))$331,000 of the workforce education investment accountstate appropriation is provided solely to forecast the caseload for the Washington college grant program.
(2) Within existing resources, and beginning with the November 2021 forecast, the caseload forecast council shall produce an unofficial forecast of the long-term caseload for juvenile rehabilitation as a courtesy.
(3) $192,000 of the general fundstate appropriation for fiscal year 2023 is provided solely for implementation of Engrossed Substitute Senate Bill No. 5268 (dev. disability services). If the bill is not enacted by June 30, 2022, the amount provided in this subsection shall lapse.
Sec. 127. 2021 c 334 s 129 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF COMMERCE
General FundState Appropriation (FY 2022)
. . . .
(($193,804,000))
     
$200,901,000
General FundState Appropriation (FY 2023)
. . . .
(($171,190,000))
     
$294,203,000
General FundFederal Appropriation
. . . .
(($1,365,225,000))
     
$1,441,202,000
General FundPrivate/Local Appropriation
. . . .
(($8,862,000))
     
$9,093,000
Public Works Assistance AccountState Appropriation
. . . .
(($8,134,000))
     
$8,417,000
Lead Paint AccountState Appropriation
. . . .
$112,000
Building Code Council AccountState Appropriation
. . . .
$17,000
Liquor Excise Tax AccountState Appropriation
. . . .
(($1,262,000))
     
$1,317,000
Home Security Fund AccountState Appropriation
. . . .
(($326,272,000))
     
$326,421,000
Affordable Housing for All AccountState
Appropriation
. . . .
(($105,230,000))
     
$105,264,000
Financial Fraud and Identity Theft Crimes
Investigation and Prosecution AccountState
Appropriation
. . . .
(($2,671,000))
     
$2,678,000
Low-Income Weatherization and Structural
Rehabilitation Assistance AccountState
Appropriation
. . . .
$1,400,000
Statewide Tourism Marketing AccountState
Appropriation
. . . .
$3,034,000
Community and Economic Development Fee AccountState
Appropriation
. . . .
(($4,117,000))
     
$4,249,000
Growth Management Planning and Environmental Review
FundState Appropriation
. . . .
(($5,785,000))
     
$9,303,000
Liquor Revolving AccountState Appropriation
. . . .
(($5,920,000))
     
$5,921,000
Washington Housing Trust AccountState Appropriation
. . . .
(($20,455,000))
     
$20,767,000
Prostitution Prevention and Intervention Account
State Appropriation
. . . .
(($26,000))
     
$146,000
Public Facility Construction Loan Revolving Account
State Appropriation
. . . .
(($1,229,000))
     
$1,277,000
Model Toxics Control Stormwater AccountState
Appropriation
. . . .
$100,000
Dedicated Marijuana AccountState Appropriation
(FY 2022)
. . . .
$1,813,000
Dedicated Marijuana AccountState Appropriation
(FY 2023)
. . . .
(($1,809,000))
     
$3,200,000
Andy Hill Cancer Research Endowment Fund Match
Transfer AccountState Appropriation
. . . .
(($11,711,000))
     
$50,281,000
Community Preservation and Development Authority
AccountState Appropriation
. . . .
$500,000
Economic Development Strategic Reserve AccountState
Appropriation
. . . .
$2,798,000
Coronavirus State Fiscal Recovery FundFederal
Appropriation
. . . .
(($472,610,000))
     
$888,735,000
Energy Efficiency AccountState Appropriation
. . . .
$9,000
Community Reinvestment AccountState Appropriation
. . . .
$125,000,000
TOTAL APPROPRIATION
. . . .
(($2,716,086,000))
     
$3,508,158,000
The appropriations in this section are subject to the following conditions and limitations:
(1) Repayments of outstanding mortgage and rental assistance program loans administered by the department under RCW 43.63A.640 shall be remitted to the department, including any current revolving account balances. The department shall collect payments on outstanding loans, and deposit them into the state general fund. Repayments of funds owed under the program shall be remitted to the department according to the terms included in the original loan agreements.
(2) $3,000,000 of the general fundstate appropriation for fiscal year 2022 and (($3,000,000))$7,096,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for a grant to resolution Washington to build statewide capacity for alternative dispute resolution centers and dispute resolution programs that guarantee that citizens have access to low-cost resolution as an alternative to litigation.
(3) $375,000 of the general fundstate appropriation for fiscal year 2022 and $375,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for a grant to the retired senior volunteer program.
(4) The department shall administer its growth management act technical assistance and pass-through grants so that smaller cities and counties receive proportionately more assistance than larger cities or counties.
(5) $375,000 of the general fundstate appropriation for fiscal year 2022 and $375,000 of the general fundstate appropriation for fiscal year 2023 are provided solely as pass-through funding to Walla Walla Community College for its water and environmental center.
(6) $4,304,000 of the general fund—state appropriation for fiscal year 2022 and $4,304,000 of the general fund—state appropriation for fiscal year 2023 are provided solely for associate development organizations. During the 2021-2023 biennium, the department shall consider an associate development organization's total resources when making contracting and fund allocation decisions, in addition to the schedule provided in RCW 43.330.086. The department must distribute the funding as follows:
(a) For associate development organizations serving urban counties, which are counties other than rural counties as defined in RCW 82.14.370, a locally matched allocation of up to $1.00 per capita, totaling no more than $300,000 per organization; and
(b) For associate development organizations in rural counties, as defined in RCW 82.14.370, a $1.00 per capita allocation with a base allocation of $75,000.
(7) $5,907,000 of the liquor revolving accountstate appropriation is provided solely for the department to contract with the municipal research and services center of Washington.
(8) The department is authorized to require an applicant to pay an application fee to cover the cost of reviewing the project and preparing an advisory opinion on whether a proposed electric generation project or conservation resource qualifies to meet mandatory conservation targets.
(9) Within existing resources, the department shall provide administrative and other indirect support to the developmental disabilities council.
(10) $300,000 of the general fundstate appropriation for fiscal year 2022 and $300,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for the northwest agriculture business center.
(11) $150,000 of the general fundstate appropriation for fiscal year 2022 and $150,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for the regulatory roadmap program for the construction industry and to identify and coordinate with businesses in key industry sectors to develop additional regulatory roadmap tools.
(12) (($1,000,000))$750,000 of the general fundstate appropriation for fiscal year 2022 and (($1,000,000))$1,250,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for the Washington new Americans program. The department may require a cash match or in-kind contributions to be eligible for state funding.
(13) $643,000 of the general fundstate appropriation for fiscal year 2022 and $643,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for the department to contract with a private, nonprofit organization to provide developmental disability ombuds services.
(14) $1,000,000 of the home security fundstate appropriation, $2,000,000 of the Washington housing trust accountstate appropriation, and $1,000,000 of the affordable housing for all accountstate appropriation are provided solely for the department of commerce for services to homeless families and youth through the Washington youth and families fund.
(15) $2,000,000 of the home security fundstate appropriation is provided solely for the administration of the grant program required in chapter 43.185C RCW, linking homeless students and their families with stable housing.
(16)(a) $1,980,000 of the general fundstate appropriation for fiscal year 2022 and $1,980,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for community beds for individuals with a history of mental illness. Currently, there is little to no housing specific to populations with these co-occurring disorders; therefore, the department must consider how best to develop new bed capacity in combination with individualized support services, such as intensive case management and care coordination, clinical supervision, mental health, substance abuse treatment, and vocational and employment services. Case-management and care coordination services must be provided. Increased case-managed housing will help to reduce the use of jails and emergency services and will help to reduce admissions to the state psychiatric hospitals. The department must coordinate with the health care authority and the department of social and health services in establishing conditions for the awarding of these funds. The department must contract with local entities to provide a mix of (i) shared permanent supportive housing; (ii) independent permanent supportive housing; and (iii) low and no-barrier housing beds for people with a criminal history, substance abuse disorder, and/or mental illness.
(b) Priority for permanent supportive housing must be given to individuals on the discharge list at the state psychiatric hospitals or in community psychiatric inpatient beds whose conditions present significant barriers to timely discharge.
(17) $557,000 of the general fundstate appropriation for fiscal year 2022 and $557,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for the department to design and administer the achieving a better life experience program.
(18) The department is authorized to suspend issuing any nonstatutorily required grants or contracts of an amount less than $1,000,000 per year.
(19) $1,070,000 of the general fundstate appropriation for fiscal year 2022 $1,070,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for the small business export assistance program. The department must ensure that at least one employee is located outside the city of Seattle for purposes of assisting rural businesses with export strategies.
(20) $60,000 of the general fundstate appropriation for fiscal year 2022 and $60,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for the department to submit the necessary Washington state membership dues for the Pacific Northwest economic region.
(21) (($2,000,000))$2,200,000 of the general fundstate appropriation for fiscal year 2022 and (($2,000,000))$4,000,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for the department to contract with organizations and attorneys to provide either legal representation or referral services for legal representation, or both, to indigent persons who are in need of legal services for matters related to their immigration status. Persons eligible for assistance under any contract entered into pursuant to this subsection must be determined to be indigent under standards developed under chapter 10.101 RCW. Of the amounts provided in this section, $200,000 of the general fundstate appropriation for fiscal year 2022 and $2,000,000 of the general fundstate appropriation for fiscal year 2023 must be used for pro bono or low bono legal services to assist indigent Washington residents, who were temporarily paroled into the United States in 2021 or 2022, with asylum applications or other matters related to adjusting immigration status.
(22)(a) $37,000,000 of the affordable housing for all accountstate appropriation is provided solely for grants to support the building operation, maintenance, and service costs of permanent supportive housing projects or units within housing projects that have or will receive funding from the housing trust fundstate account or other public capital funding that:
(i) Is dedicated as permanent supportive housing units;
(ii) Is occupied by low-income households with incomes at or below thirty percent of the area median income; and
(iii) Requires a supplement to rent income to cover ongoing property operating, maintenance, and service expenses.
(b) Permanent supportive housing projects receiving federal operating subsidies that do not fully cover the operation, maintenance, and service costs of the projects are eligible to receive grants as described in this subsection.
(c) The department may use a reasonable amount of funding provided in this subsection to administer the grants.
(23) $7,000,000 of the home security fundstate appropriation is provided solely for the office of homeless youth prevention and protection programs to:
(a) Expand outreach, services, and housing for homeless youth and young adults including but not limited to secure crisis residential centers, crisis residential centers, and HOPE beds, so that resources are equitably distributed across the state;
(b) Contract with other public agency partners to test innovative program models that prevent youth from exiting public systems into homelessness; and
(c) Support the development of an integrated services model, increase performance outcomes, and enable providers to have the necessary skills and expertise to effectively operate youth programs.
(24)(a) $125,000 of the general fundstate appropriation for fiscal year 2022 and (($125,000))$2,143,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for the office of homeless youth to fund program models that prevent youth from exiting public systems into homelessness.
(b) Of the amounts provided in this subsection (24), $500,000 of the general fundstate appropriation for fiscal year 2023 is provided to assist young adults discharging from inpatient behavioral health treatment facilities to obtain housing. By June 30, 2023, the department shall submit a report to the legislature on the outcomes for participants of the program funded in this subsection (24)(b).
(25) (($3,000,000))$2,408,000 of the general fundstate appropriation for fiscal year 2022 and (($5,000,000))$5,592,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for the office of homeless youth to build infrastructure and services to support a continuum of interventions, including but not limited to prevention, crisis response, and long-term housing, to reduce youth homelessness in communities identified as part of the anchor community initiative.
(26) $2,125,000 of the general fundstate appropriation for fiscal year 2022 and $2,125,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for the office of homeless youth to contract with one or more nonprofit organizations to provide youth services and young adult housing on a multi-acre youth campus located in the city of Tacoma. Youth services include, but are not limited to, HOPE beds and crisis residential centers to provide temporary shelter and permanency planning for youth under the age of 18. Young adult housing includes, but is not limited to, rental assistance and case management for young adults ages 18 to 24. The department shall submit an annual report to the legislature on the use of the funds. The first report is due June 30, 2022, and each June 30th thereafter. The report shall include but is not limited to:
(a) A breakdown of expenditures by program and expense type, including the cost per bed;
(b) The number of youth and young adults helped by each program;
(c) The number of youth and young adults on the waiting list for programs, if any; and
(d) Any other metric or measure the department deems appropriate to evaluate the effectiveness of the use of the funds.
(27) $62,720,000 of the general fundstate appropriation for fiscal year 2022, $65,330,000 of the general fundstate appropriation for fiscal year 2023, and $2,610,000 of the coronavirus state fiscal recovery fundfederal appropriation are provided solely for the essential needs and housing support program and related services. The department may use a portion of the funds provided in this subsection to continue the pilot program established in section 127(106) of chapter 357, Laws of 2020, by providing grants to participating counties who request additional funding in order to continue serving participating and eligible clients.
(28) $1,436,000 of the general fundstate appropriation for fiscal year 2022 and $1,436,000 of the general fund—state appropriation for fiscal year 2023 are provided solely for the department to identify and invest in strategic growth areas, support key sectors, and align existing economic development programs and priorities. The department must consider Washington's position as the most trade-dependent state when identifying priority investments. The department must engage states and provinces in the northwest as well as associate development organizations, small business development centers, chambers of commerce, ports, and other partners to leverage the funds provided. Sector leads established by the department must include the industries of: (a) Aerospace; (b) clean technology and renewable and nonrenewable energy; (c) wood products and other natural resource industries; (d) information and communication technology; (e) life sciences and global health; (f) maritime; and (g) military and defense. The department may establish these sector leads by hiring new staff, expanding the duties of current staff, or working with partner organizations and or other agencies to serve in the role of sector lead.
(29) The department must develop a model ordinance for cities and counties to utilize for siting community based behavioral health facilities.
(30) $198,000 of the general fundstate appropriation for fiscal year 2022 and $198,000 of the general fundstate appropriation for fiscal year 2023 are provided solely to retain a behavioral health facilities siting administrator within the department to coordinate development of effective behavioral health housing options and provide technical assistance in siting of behavioral health treatment facilities statewide to aide in the governor's plan to discharge individuals from the state psychiatric hospitals into community settings. This position must work closely with the local government legislative authorities, planning departments, behavioral health providers, health care authority, department of social and health services, and other entities to facilitate linkages among disparate behavioral health community bed capacity-building efforts. This position must work to integrate building behavioral health treatment and infrastructure capacity in addition to ongoing supportive housing benefits.
(31) $250,000 of the general fundstate appropriation for fiscal year 2022 and $250,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for the department to contract with an entity located in the Beacon hill/Chinatown international district area of Seattle to provide low income housing, low income housing support services, or both. To the extent practicable, the chosen location must be colocated with other programs supporting the needs of children, the elderly, or persons with disabilities.
(32) $1,500,000 of the general fundstate appropriation for fiscal year 2022, (($1,500,000))$2,580,000 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.))Of the amounts appropriated in this subsection, $1,080,000 of the general fundstate appropriation for fiscal year 2023 is provided to create a bridge period for individuals enrolled in the foundational community supports initiative who are transitioning off benefits under RCW 74.04.805 due to increased income or other changes in eligibility. The health care authority, department of social and health services, and department of commerce shall collaborate on this effort.
(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.
(33) (($11,711,000))$50,281,000 of the Andy Hill cancer research endowment fund match transfer accountstate appropriation is provided solely for the Andy Hill cancer research endowment program. Amounts provided in this subsection may be used for grants and administration costs.
(34) $550,000 of the general fundstate appropriation for fiscal year 2022 and (($150,000))$550,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for the operations of the long-term care ombudsman program.
(35) $100,000 of the general fundstate appropriation for fiscal year 2022 and $100,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for the department to produce the biennial report identifying a list of projects to address incompatible developments near military installations as provided in RCW 43.330.520.
(36) $35,000,000 of the home security fundstate appropriation is provided solely for increasing local temporary shelter capacity. The amount provided in this subsection is subject to the following conditions and limitations:
(a) A city or county applying for grant funding shall submit a sheltering proposal that aligns with its local homeless housing plan under RCW 43.185C.050. This proposal must include at a minimum:
(i) A strategy for outreach to bring currently unsheltered individuals into shelter;
(ii) Strategies for connecting sheltered individuals to services including but not limited to: Behavioral health, chemical dependency, education or workforce training, employment services, and permanent supportive housing services;
(iii) An estimate on average length of stay;
(iv) An estimate of the percentage of persons sheltered who will exit to permanent housing destinations and an estimate of those that are expected to return to homelessness;
(v) An assessment of existing shelter capacity in the jurisdiction, and the net increase in shelter capacity that will be funded with the state grant; and
(vi) Other appropriate measures as determined by the department.
(b) ((The department shall not reimburse more than $56 per day per net additional person sheltered above the baseline of shelter occupancy prior to award of the funding.)) Eligible uses of funds include shelter operations, shelter maintenance, shelter rent, loan repayment, case management, navigation to other services, efforts to address potential impacts of shelters on surrounding neighborhoods, capital improvements and construction, and outreach directly related to bringing unsheltered people into shelter. The department shall coordinate with local governments to encourage cost-sharing through local matching funds.
(c) The department shall not reimburse more than $10,000 per shelter bed prior to occupancy, for costs associated with creating additional shelter capacity or improving existing shelters to improve occupancy rates and successful outcomes. Eligible costs prior to occupancy include acquisition, construction, equipment, staff costs, and other costs directly related to creating additional shelter capacity.
(d) For the purposes of this subsection "shelter" means any facility, the primary purpose of which is to provide space for homeless in general or for specific populations of homeless. The shelter must: Be structurally sound to protect occupants from the elements and not pose any threat to health or safety, have means of natural or mechanical ventilation, and be accessible to persons with disabilities, and the site must have hygiene facilities, which must be accessible but do not need to be in the structure.
(37) (($1,007,000))$950,000 of the general fundstate appropriation for fiscal year 2022 and (($1,007,000))$1,064,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for the department to administer a transitional housing pilot program for nondependent homeless youth. In developing the pilot program, the department will work with the adolescent unit within the department of children, youth, and families, which is focused on cross-system challenges impacting youth, including homelessness.
(38) $300,000 of the general fundstate appropriation for fiscal year 2022 and $300,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for the department to establish representation in key international markets that will provide the greatest opportunities for increased trade and investment for small businesses in the state of Washington. Prior to entering into any contract for representation, the department must consult with associate development organizations and other organizations and associations that represent small business, rural industries, and disadvantaged business enterprises.
(39) $80,000 of the general fundstate appropriation for fiscal year 2022 and $80,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for the department to establish an identification assistance and support program to assist homeless persons in collecting documentation and procuring an identicard issued by the department of licensing. This program may be operated through a contract for services. The program shall operate in one county west of the crest of the Cascade mountain range with a population of one million or more and one county east of the crest of the Cascade mountain range with a population of five hundred thousand or more.
(40) $500,000 of the general fundstate appropriation for fiscal year 2022 and $500,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for the office of homeless youth prevention and protection programs to create a centralized diversion fund to serve homeless or at-risk youth and young adults, including those who are unsheltered, exiting inpatient programs, or in school. Funding provided in this subsection may be used for short-term rental assistance, offsetting costs for first and last month's rent and security deposits, transportation costs to go to work, and assistance in obtaining photo identification or birth certificates.
(41) $100,000 of the model toxics control stormwater accountstate appropriation is provided solely for planning work related to stormwater runoff at the aurora bridge and I-5 ship canal bridge. Planning work may include, but is not limited to, coordination with project partners, community engagement, conducting engineering studies, and staff support.
(42) $100,000 of the general fundstate appropriation for fiscal year 2022 and $100,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for a grant to assist people with limited incomes in urban areas of the state start and sustain small businesses. The grant recipient must be a nonprofit organization involving a network of microenterprise organizations and professionals to support micro entrepreneurship and access to economic development resources.
(43) $500,000 of the community preservation and development authority accountstate/operating appropriation is provided solely for the operations of the Pioneer Square-International District community preservation and development authority established in RCW 43.167.060.
(44) $500,000 of the general fundstate appropriation for fiscal year 2022 and $500,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for grants and associated technical assistance and administrative costs to foster collaborative partnerships that expand child care capacity in communities. Eligible applicants include nonprofit organizations, school districts, educational service districts, and local governments. These funds may be expended only after the approval of the director of the department of commerce and must be used to support planning and activities that help communities address the shortage of child care, prioritizing partnerships serving in whole or in part areas identified as child care access deserts.
(45) (($255,000,000))$278,476,000 of the general fundfederal appropriation (ARPA) and $403,000,000 of the coronavirus state fiscal recovery accountfederal appropriation are provided solely for the department to administer an emergency rental assistance program. The department shall distribute funding in the form of grants to local housing providers. In making distributions, the department must consider the number of unemployed persons and renters in each jurisdiction served by the provider as well as consider any funding that jurisdiction, including cities within each county, received directly from the federal government for emergency rental assistance. Of the amounts provided in this subsection:
(a) (($255,000,000))$278,476,000 of the general fundfederal appropriation (ARPA) is provided solely for grants to provide emergency rental and utility assistance pursuant to P.L. 117-2. A provider may use up to 14.5 percent of the grant award provided under this subsection for administrative costs and the remainder must be used for financial assistance as defined in P.L. 117-2. Unless otherwise prohibited under federal guidance, a housing provider may provide financial assistance for an eligible household's rent and rental arrears of up to 150 percent of the fair market rent for the area in which the household resides, as determined by the department of housing and urban development.
(b)(i) $403,000,000 of the coronavirus state fiscal recovery accountfederal appropriation is provided solely for grants to provide emergency rental and utility assistance, subject to (b)(ii) of this subsection. Providers must make rental payments directly to landlords and utility payments directly to utility providers. To be eligible for assistance under this subsection, households must, at a minimum, have an income at or below 80 percent of the area median income and must have a missed or partially paid rent payment. The department may establish additional eligibility criteria to target these resources to households most likely to become homeless if they do not receive rental assistance. A provider may provide financial assistance for an eligible household's rent and rental arrears of up to 150 percent of the fair market rent for the area in which the household resides, as determined by the department of housing and urban development.
(ii) From the amount provided in (b) of this subsection, each local housing provider must subgrant with community organizations that serve historically disadvantaged populations within their jurisdiction. Subgrants may be used for program outreach and assisting community members in applying for assistance under (a) and (b) of this subsection. The amount of the subgrant must be at least five percent of the total funding each provider received under (a) and (b) of this subsection.
(c) The department may retain up to 0.5 percent of the amounts provided in this subsection for administration of the program.
(46) $7,500,000 of the general fundstate appropriation for fiscal year 2022 is provided solely for the department to provide grants to entities that provide digital navigator services, devices, and subscriptions. These services must include but are not limited to one-on-one assistance for people with limited access to services, including individuals seeking work, families supporting students, English language learners, medicaid clients, people experiencing poverty, and elders. Of the amounts provided in this subsection, the department must prioritize allocating $1,500,000 as grants or portions of grants that serve medicaid clients.
(47) $240,000 of the general fundstate appropriation for fiscal year 2022 and $240,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for the operations of the Central district community preservation and development authority established in RCW 43.167.070.
(48) $607,000 of the general fundstate appropriation for fiscal year 2022 and $607,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for the department to assist homeowners at risk of foreclosure pursuant to chapter 61.24 RCW. Funding provided in this section may be used for activities to prevent mortgage or tax lien foreclosure, housing counselors, a foreclosure prevention hotline, legal services for low-income individuals, mediation, and other activities that promote homeownership. The department may contract with other foreclosure fairness program state partners to carry out this work.
(49) $100,000 of the general fundstate appropriation for fiscal year 2022 and $100,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for the department to contract with a nonprofit entity located in Seattle that focuses on poverty reduction and racial equity to convene and staff a poverty reduction workgroup steering committee comprised of individuals that have lived experience with poverty. Funding provided in this section may be used to reimburse steering committee members for travel, child care, and other costs associated with participation in the steering committee.
(50) $29,255,000 of the general fundfederal appropriation (CRF) and (($230,000,000))$284,200,000 of the general fundfederal appropriation (CRRSA), not to exceed the amount appropriated in section 3, chapter 3, Laws of 2021, that is unobligated at the end of fiscal year 2021, are provided solely for rental assistance and housing and are subject to the same terms and conditions as the appropriation in section 3, chapter 3, Laws of 2021, as amended in section 1905 of this act.
(51) $4,800,000 of the general fundfederal appropriation (CRF), not to exceed the amount appropriated in section 4, chapter 3, Laws of 2021, that is unobligated at the end of fiscal year 2021, is provided solely for working Washington grants and is subject to the same terms and conditions as the appropriation in section 4, chapter 3, Laws of 2021.
(52) $1,602,000 of the general fundstate appropriation for fiscal year 2022 and $1,174,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for the statewide broadband office established in RCW 43.330.532.
(53) $450,000 of the general fundstate appropriation for fiscal year 2022 and $450,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for a grant to a nonprofit organization for an initiative to advance affordable housing projects and education centers on public or tax-exempt land. The department must award the grant to an organization with an office located in the city of Seattle that has experience in catalyzing early learning and affordable housing developments. The grant recipient must use the funding to:
(a) Implement strategies to accelerate development of affordable housing projects with space for early learning centers or community space on underutilized tax-exempt properties;
(b) Analyze the suitability of properties for affordable housing, early learning centers, or community space through completing due diligence, conceptual design, and financial analysis activities;
(c) Organize community partners and build capacity to develop these sites, as well as coordinate negotiations among partners and public owners;
(d) Facilitate collaboration and co-development between affordable housing, early learning centers, or community space; and
(e) Catalyze the redevelopment of at least 10 sites to create approximately 1,500 affordable homes.
(54) $2,000,000 of the general fundstate appropriation for fiscal year 2022 ((is))and $2,000,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for a grant to a nonprofit organization located in King county to operate a hunger relief response program serving individuals living in permanent supportive housing.
(55) $75,000 of the general fundstate appropriation for fiscal year 2022 is provided solely for a grant to a nonprofit organization located in the city of Federal Way that conducts collaborative policy development and provides access to resources and consultation to historically disadvantaged communities. The grant funding must be used for capacity-building activities to support community-based organizations serving youth and young adults in the city of Federal Way.
(56) $400,000 of the general fundstate appropriation for fiscal year 2022 and $400,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for capacity-building grants through the Latino community fund for emergency response services, educational programs, and human services support for children and families in rural and underserved communities.
(57) $12,000,000 of the coronavirus state fiscal recovery fundfederal appropriation is provided solely for a single contract with the non-profit statewide tourism marketing organization that is party to the contract pursuant to RCW 43.384.020. The funds will be used to assist recovery for tourism-related businesses, generate tourism demand for Washington communities and businesses, and sustain recovery market share with competing Western states. The department and the contractor shall submit a report to the legislature June 30, 2022, and June 30, 2023.
(58) $354,000 of the general fundstate appropriation for fiscal year 2022 and $354,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for a grant to the Port Gamble S'Klallam tribe for a reentry program providing tailored support services to moderate-needs and high-needs individuals leaving local or tribal incarceration, with the goals of reducing criminal recidivism and fostering community wellbeing. Services may be provided to clients pre-release and post-release.
(59) (($347,000))$217,000 of the general fundstate appropriation for fiscal year 2022 and (($347,000))$477,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for a grant to a nonprofit organization serving King and Snohomish counties for a program conducted in partnership with King county serving criminal justice-involved individuals who have experienced domestic, sexual, or gender-based violence. The grant recipient may use the funding for costs including but not limited to legal advocacy, outreach, connecting clients to housing and other resources, data analytics, and staffing.
(60) $50,000 of the general fundstate appropriation for fiscal year 2022 is provided solely for the city of Kent to contract with one or more nonprofit organizations to serve community immersion law enforcement trainees through mentorship or community-based placement, or both.
(61) $400,000 of the general fundstate appropriation for fiscal year 2022 and $400,000 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.
(62) $950,000 of the general fundstate appropriation for fiscal year 2022 is provided solely for a grant to a nonprofit located in King county that develops training and support for low-income individuals, with a focus on women and people of color, to move into the construction industry for living wage jobs. The grant funding must be used to develop a pre-apprenticeship program that, through the construction of units, integrates housing and workforce development in service of the following goals:
(a) Creating a blueprint to integrating workforce development and housing for local jurisdictions;
(b) Providing construction training to underserved populations;
(c) Creating a pathway for trainees to enter construction careers; and
(d) Addressing the systemic effects of sexism and racism in housing, wealth, education, training, employment, and career development.
(63) $50,000 of the general fundstate appropriation for fiscal year 2022 and $50,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for a grant to a nonprofit organization operating an emergency shelter located in the Yakima valley for case management, outreach, and other homeless services.
(64) $350,000 of the general fundstate appropriation for fiscal year 2022 and $150,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for a grant to a nonprofit organization for activities to advance affordable housing. The grant recipient must be an organization that partners in equitable, transit-oriented development. The grant recipient must use the funding to:
(a) Facilitate partnerships to enable equitable transit-oriented development across the Puget Sound region that builds housing at scale; and
(b) Assist the cities of Tacoma, Renton, and Everett, as well as other cities, in:
(i) Creating or updating local subarea plans to be consistent with the regional growth strategy for future population growth to be near high capacity transit and to facilitate development within the station area that will produce a mix of affordable housing;
(ii) Ensuring equitable transit-oriented development processes and outcomes that minimize displacement; and
(iii) Identifying strategies for land acquisition and assembly around high capacity transit stations that will result in a mix of housing.
(65) $700,000 of the general fundstate appropriation for fiscal year 2022 and $700,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for a nonprofit organization whose sole purpose is to provide grants, capacity building, and technical assistance support to a network of microenterprise development organizations. The microenterprise development organizations will support rural and urban Black, indigenous and people of color owned businesses, veteran owned businesses, and limited resourced and other hard to serve businesses with five or fewer employees throughout the state with business training, technical assistance, and microloans.
(66) $1,175,000 of the general fundstate appropriation for fiscal year 2022 and $175,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for the department to support implementation of the 2021 state energy strategy as it pertains to emissions from energy use in new and existing buildings, including measures to support local government emission reductions, workforce measures, and utility electrification benefits.
(67) $125,000 of the general fundstate appropriation for fiscal year 2022 and $125,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for the department to identify and develop effective interventions and responses to primary and secondary workplace trauma experienced by direct service staff who work in homeless shelters, homeless outreach, and permanent supportive housing. The department must collect data through methods such as surveys, interviews, and small group conversations, and engage interested parties, including but not limited to direct service staff. The department may contract with a third party to complete the work required in this subsection. By June 1, 2023, the department shall submit a report identifying interventions and providing recommendations to the appropriate committees of the legislature.
(68)(a) $340,000 of the general fundstate appropriation for fiscal year 2022 and $85,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for the department to contract with the University of Washington college of built environments to create a database and reporting system for promoting transparency on procurement of building materials that make up the primary structure and enclosure used for state-funded construction projects. The department and university may use publicly available information and data sources as well as consult with outside experts to create the database. The database may include fields for environmental product declarations, product quantity, manufacturer location, global warming potential, health certifications, supplier codes of conduct, and working conditions.
(b) When developing the reporting system required under (a) of this subsection, the department and the University of Washington must conduct a case study analysis. In conducting the analysis, the department and the university must identify up to 10 case studies of publicly funded projects and analyze considerations including but not limited to cost impacts, materials procured, embodied carbon contribution to reducing greenhouse gas emissions, and supply chain considerations. By January 1, 2022, the department and the university shall submit a progress report on the case study analysis to the legislature. By November 1, 2022, the department and the university shall submit a final report to the legislature with findings from the case study analysis and recommendations for the reporting system based on lessons learned.
(69) $175,000 of the general fundstate appropriation for fiscal year 2022 and $175,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for a grant to a nonprofit organization to provide job readiness skills and training to traditionally underrepresented populations to support the transition to a registered apprenticeship, trade training, or employment. The grant recipient must be a nonprofit organization serving traditionally underrepresented populations in King and Pierce counties, with a focus on youth development programs. The grant funding must be used for activities including but not limited to counseling and training in support of the goals of:
(a) Minimizing barriers to transitioning to an apprenticeship, trade training program, or employment for participants;
(b) Increasing participants' workforce and life balance skills; and
(c) Increasing participants' specialized skills and knowledge in targeted industries, including construction, urban agriculture, and maritime trades.
(70)(a) $51,000 of the general fundstate appropriation for fiscal year 2022 and $51,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for the statewide broadband office to cofacilitate the Washington digital equity forum with the Washington state office of equity. The purpose of the forum is to develop recommendations to advance digital connectivity in Washington state. In developing its recommendations, the forum must:
(i) Develop goals that are consistent with the goals of the governor's statewide broadband office, as provided in RCW 43.330.536;
(ii) Strengthen public-private partnerships;
(iii) Solicit public input through public hearings or informational sessions;
(iv) Work to increase collaboration and communication between local, state, and federal governments and agencies; and
(v) Recommend reforms to universal service mechanisms.
(b) The directors of the governor's statewide broadband office and the Washington state office of equity are responsible for appointing participating members of the forum, and appointments require the approval of both directors. In making appointments, the directors must prioritize appointees representing:
(i) Federally recognized tribes;
(ii) State agencies involved in digital equity; and
(iii) Underserved and unserved communities, including historically disadvantaged communities.
(c) The director of the governor's statewide broadband office, or the director's designee, and the director of the Washington state office of equity, or the director's designee, shall serve as administrative cochairs of the forum.
(d) In addition to members appointed by the directors, four legislators may serve on the digital equity forum in an ex officio capacity. Legislative participants must be appointed as follows:
(i) The speaker of the house of representatives must appoint one member from each of the two largest caucuses of the house of representatives; and
(ii) The president of the senate must appoint one member from each of the two largest caucuses of the senate.
(e) Each member of the digital equity forum shall serve without compensation but may be reimbursed for travel expenses as authorized in RCW 43.03.050 and 43.03.060. Legislative members of the forum are reimbursed for travel expenses in accordance with RCW 44.04.120. (f) The statewide broadband office must provide staff support for the digital equity forum. By January 1, 2023, the statewide broadband office must transmit the recommendations of the digital equity forum developed under (a) of this subsection to the legislature, consistent with RCW 43.01.036.
(71) $500,000 of the general fundstate appropriation for fiscal year 2022 is provided solely for grants to law enforcement agencies to implement group violence intervention strategies in areas with high rates of gun violence. Grant funding will be awarded to two sites, with priority given to Yakima county and south King county. The sites must be located in areas with high rates of gun violence, include collaboration with the local leaders and community members, use data to identify the individuals most at risk to perpetrate gun violence for interventions, and include a component that connects individuals to services. In selecting the sites, the department must give priority to sites meeting these criteria that also can leverage existing local or federal resources.
(72) $350,000 of the general fundstate appropriation for fiscal year 2022 is provided solely for a contract for a business recovery program serving the city of Federal Way and surrounding area. The contract recipient must be a nongovernmental organization located in the city of Federal Way whose primary focus is the economic development of the city of Federal Way and surrounding area. The contract funding must be used for:
(a) Business development training and education for small businesses located in or serving the city of Federal Way and surrounding area, with a focus on Black, indigenous, and people of color-owned, women-owned, and veteran-owned businesses;
(b) Workforce programming for skill set development, especially as related to business retention and expansion; and
(c) Research and collection of economic baseline data for the city of Federal Way and surrounding area for the development of data-driven programming, with a focus on key economic recovery indicators.
(73) $202,000 of the general fundstate appropriation for fiscal year 2022 and $89,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for a grant to a nonprofit organization to provide emergency housing, permanent supportive housing, and wraparound services focusing on Black transgender and nonbinary individuals who are currently experiencing or at risk of homelessness. The grant recipient must be a nonprofit organization with locations in the cities of Seattle and Tacoma that provides legal and other services for LGBTQ individuals in Washington. The grant recipient may subgrant or subcontract with other organizations to provide emergency housing, permanent supportive housing, and wraparound services.
(74) $125,000 of the general fundstate appropriation for fiscal year 2022 and $125,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for a grant to a nonprofit for a smart buildings education program to educate building owners and operators on smart building practices and technologies, including the development of onsite and digital trainings that detail how to operate residential and commercial facilities in an energy efficient manner. The grant recipient must be located in a city with a population of more than 700,000 and must serve anyone within Washington with an interest in better understanding energy efficiency in commercial and institutional buildings.
(75) $150,000 of the general fundstate appropriation for fiscal year 2022 and $150,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for the department to establish a sector lead position for the creative industries, including but not limited to the performing arts, literary arts, music, and film. The sector lead must work with interested parties to further the goals of creating economic development opportunities, retaining and growing jobs, and supporting small business development and expansion within the creative industries.
(76) $221,920,000 of the home security fundstate appropriation and $58,400,000 of the affordable housing for all accountstate appropriation are provided solely for implementation of Engrossed Second Substitute House Bill No. 1277 (housing/revenue source). ((If the bill is not enacted by June 30, 2021, the amounts provided in this subsection shall lapse.)) Of the amounts provided in this subsection:
(a) $88,768,000 of the home security fundstate appropriation is provided solely to implement the eviction prevention rental assistance program created in the bill; and
(b) $133,152,000 of the home security fundstate appropriation is provided solely for project-based vouchers and related services, rapid rehousing, housing acquisition, and supportive services for individuals and families accessing vouchers and rapid rehousing. Of the total amount provided in this subsection, at least $20,000,000 must be used for hotel and motel vouchers, rapid rehousing, and supportive services for individuals and families accessing vouchers and rapid rehousing.
(77) $59,000 of the general fundstate appropriation for fiscal year 2022 and $696,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for implementation of Engrossed Second Substitute House Bill No. 1086 (behavioral health consumers). ((If the bill is not enacted by June 30, 2021, the amounts provided in this subsection shall lapse.))
(78) $163,000 of the dedicated marijuana accountstate appropriation for fiscal year 2022 and $159,000 of the dedicated marijuana accountstate appropriation for fiscal year 2023 are provided solely for implementation of Engrossed Substitute House Bill No. 1443 (cannabis industry/equity). ((If the bill is not enacted by June 30, 2021, the amounts provided in this subsection shall lapse.))
(79) $298,000 of the general fundstate appropriation for fiscal year 2022 and $404,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for implementation of Engrossed Second Substitute House Bill No. 1220 (emergency shelters & housing). ((If the bill is not enacted by June 30, 2021, the amounts provided in this subsection shall lapse.))
(80) (($306,000))$121,000 of the general fundstate appropriation for fiscal year 2022 and (($483,000))$668,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for implementation of Engrossed Second Substitute Senate Bill No. 5237 (child care & early dev. exp.). ((If the bill is not enacted by June 30, 2021, the amounts provided in this subsection shall lapse.))
(81) $21,000 of the general fundstate appropriation for fiscal year 2022 and $42,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for implementation of Engrossed Third Substitute House Bill No. 1091 (transportation fuel/carbon). ((If the bill is not enacted by June 30, 2021, the amounts provided in this subsection shall lapse.))
(82) $42,000 of the general fundstate appropriation for fiscal year 2022 and $42,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for implementation of Second Substitute House Bill No. 1168 (long-term forest health). ((If the bill is not enacted by June 30, 2021, the amounts provided in this subsection shall lapse.))
(83) $2,798,000 of the economic development strategic reserve account manufacturing cluster acceleration subaccountstate appropriation is provided solely for implementation of Substitute House Bill No. 1170 (manufacturing). ((If the bill is not enacted by June 30, 2021, the amount provided in this subsection shall lapse.))
(84) (($187,000,000))$173,000,000 of the general fundfederal appropriation (ARPA) ((is))and $4,500,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for a homeowner assistance program to provide mortgage, foreclosure, and other assistance to eligible homeowners pursuant to P.L. 117-2. The department may subgrant or contract with other entities to provide assistance under the program. Of the amount provided in this subsection, (($13,000,000))$2,000,000 of the general fundfederal appropriation (ARPA) ((is))and $4,500,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for foreclosure assistance.
(85) $9,864,000 of the general fundstate appropriation for fiscal year 2022 and $9,864,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for long-term rental subsidies for individuals with mental health or substance use disorders. This funding may be used for individuals enrolled in the foundational community support program while waiting for a longer term resource for rental support or for individuals transitioning from behavioral health treatment facilities or local jails. Individuals who would otherwise be eligible for the foundational community support program but are not eligible because of their citizenship status may also be served. By December 1, 2021, and December 1, 2022, the department must submit a report identifying the expenditures and number of individuals receiving long-term rental supports through the agency budget broken out by region, treatment need, and the demographics of those served during the prior fiscal year.
(86)(a) $50,000,000 of the coronavirus state fiscal recovery fundfederal appropriation is provided solely for the department to provide grants to small businesses through the working Washington grant program.
(b) Of the amount provided in this subsection, $30,000,000 of the coronavirus state fiscal recovery fundfederal appropriation is provided solely to assist businesses maintain their operations. To be eligible for a grant under this subsection, the business must:
(i) Apply for or have applied for the grant;
(ii) ((Have reported annual gross receipts of $5,000,000 or less to the department of revenue for calendar year 2019))Have not reported annual gross receipts of more than $5,000,000 in the most recent calendar year;
(iii) Have expenses that are necessary to continue business operations and the expense is not a federal, state, or local tax, fee, license, or other government revenue;
(iv) Self–attest that the expense is not funded by any other government or private entity;
(v) Have experienced a reduction in business income or activity related to COVID-19 or state or local actions in response to COVID-19; and
(vi) Agree to operate in accordance with the requirements of applicable federal, state, and local public health guidance and directives.
(c) Of the amount provided in this subsection, $20,000,000 of the coronavirus state fiscal recovery fundfederal appropriation is provided solely to assist the reopening of businesses that temporarily totally closed their operations. To be eligible for a grant under this subsection, the business must:
(i) Apply for the grant;
(ii) ((Have reported annual gross receipts of $5,000,000 or less to the department of revenue for calendar year 2019))Have not reported annual gross receipts of more than $5,000,000 in the most recent calendar year;
(iii) Demonstrate the business was actively engaged in business, and as a result of the governor's proclamations 20-25.8, issued on November 15, 2020, through 20-25.12 ("stay safe-stay healthy"), temporarily totally closed operations. Demonstration of active engagement in business can be given through but is not limited to taxable activity reported to the department of revenue. The department may use other methods to determine if this criterion has been met;
(iv) Have expenses that are necessary to reopen business operations and the expense is not a federal, state, or local tax, fee, license, or other government revenue;
(v) Self–attest that the expense is not funded by any other government or private entity; and
(vi) Agree to operate in accordance with the requirements of applicable federal, state, and local public health guidance and directives.
(d) Grant awards are subject to the availability of amounts appropriated in this subsection. The department must conduct outreach to underrepresented and unserved communities observed from prior rounds of awards. The department must ensure equitable distributions of grant funding, including considerations for geographic location and businesses owned by members of historically disadvantaged communities.
(e)(i) Eligible businesses may receive up to a $75,000 grant.
(ii) ((If a business received one or more working Washington small business grants before July 1, 2021, including grants provided pursuant to chapter 3, Laws of 2021, the grant awarded under this subsection must be reduced to reflect the amounts received from previous working Washington small business grants.))If a business was awarded one or more working Washington small business grants after February 1, 2021, the grant award under this subsection may be reduced to reflect the amounts received from previous working Washington small business grants. The department may prioritize nonprofit organizations that have not yet received a grant under the working Washington small business grant program.
(f) For purposes of this subsection, reopening costs include, but are not limited to:
(i) Upgrading physical workplaces to adhere to new safety or sanitation standards;
(ii) Procuring required personal protective supplies for employees and business patrons and clients;
(iii) Updating business plans;
(iv) Employee costs, including payroll, training, and onboarding;
(v) Rent, lease, mortgage, insurance, and utility payments; and
(vi) Securing inventory, supplies, and services for operations.
(g) Nonprofit organizations are eligible to receive funding under (b) or (c) of this subsection if they have a primary business activity that has been impacted as described in (b)(v) or (c)(iii) of this subsection.
(h) The department is authorized to shift funding among the purposes in (b) and (c) of this subsection based on overutilization or underutilization of the different types of grants.
(i) Of the total amount provided in this subsection, the department must prioritize allocating the funds as follows:
(((A))) $25,000,000 for grants under (b) or (c) of this subsection to eligible businesses and nonprofit organizations in the arts, heritage, and science sectors, including those that operate live entertainment venues((; and
(B) $25,000,000 for grants under (b) or (c) of this subsection to eligible businesses and nonprofit organizations located in counties that are in phase 2 of the governor's "healthy Washington: roadmap to recovery" plan at the time the business or nonprofit organization applies for funding)). The department must develop criteria for successful applications under this subsection in combination with the Washington state arts commission.
(87) $138,000,000 of the general fundfederal appropriation (ARPA) is provided solely for the department to implement small business capital access and other credit support programs under the state small business credit initiative, pursuant to P.L. 117-2. The department may contract with other entities to implement the capital access program and other credit support programs. The department is highly encouraged to use local nonprofit community development financial institutions to deliver access to credit to the maximum extent allowed by federal law, rules, and guidelines. The department must apply for the maximum possible allocation of federal funding under P.L. 117-2, including but not limited to funds set aside for extremely small businesses and business enterprises owned and controlled by socially and economically disadvantaged individuals. The funding provided in this section also includes federal funds allocated to the state for technical assistance to businesses. The department must ensure businesses owned and controlled by socially and economically disadvantaged individuals, as defined in P.L. 117-2, have equitable access to program services.
(88)(a) $6,000,000 of the general fundstate appropriation for fiscal year 2022 is provided solely for the department to create a grant program to reimburse local governments for eligible costs of providing emergency noncongregate sheltering during the COVID-19 public health emergency.
(b) A city or county is eligible to apply for grant funding if it:
(i) Applies to the federal emergency management agency public assistance program for reimbursement of costs to provide emergency non-congregate sheltering; and
(ii) Incurs eligible costs.
(c) Eligible costs are costs to provide emergency noncongregate sheltering that:
(i) Were deemed eligible for reimbursement in the federal emergency management agency policy 104-009-18, version 3, titled FEMA emergency non-congregate sheltering during the COVID-19 public health emergency (interim) and dated January 29, 2021; and
(ii) Are incurred by the applicant beginning January 21, 2021, through September 30, 2021.
(d) The department must give priority to applicants who demonstrate use of funds received under P.L. 117-2 for the acquisition, development, and operation of noncongregate sheltering.
(e) The department must coordinate with the military department to confirm that grant recipients have applied to the federal emergency management agency public assistance program for costs identified in their grant application.
(f) For the purposes of this subsection, "noncongregate sheltering" means sheltering provided in locations where each individual or household has living space that offers some level of privacy such as hotels, motels, or dormitories.
(89)(a) (($400,000))$225,000 of the general fundstate appropriation for fiscal year 2022 ((is))and $175,000 of the general fundstate appropriation for fiscal year 2023 are provided solely to conduct a comprehensive equity review of state capital grant programs administered by the department. The department may, in consultation with interested parties identified in subsection (d) of this section, contract with a consultant to assist with the community engagement and review necessary to complete this review process.
(b) The purposes of this comprehensive equity review are: To reduce barriers to historically underserved populations' participation in the capital grant programs; to redress inequities in existing capital grant policies and programs; and to improve the equitable delivery of resources and benefits in these programs.
(c) In completing the comprehensive equity review required under this section, the department shall: (i) Identify changes to policy and operational norms and practices in furtherance of the equity review purposes identified in (b) of this subsection; (ii) identify new investments and programs that prioritize populations and communities that have been historically underserved by capital grant policies and programs; and (iii) include consideration of historic and systemic barriers that may arise due to any of the following factors: (A) Race; (B) ethnicity; (C) religion; (D) income; (E) geography; (F) disability; and (G) educational attainment.
(d) The department must collaborate with the Washington state commission on African American affairs; the Washington state commission on Asian Pacific American affairs; the Washington state commission on Hispanic affairs; the governor's office of Indian affairs; the governor's committee on disability issues and employment; the office of equity; the office of minority and women's business enterprises; the environmental justice council if established by passage of Engrossed Second Substitute Senate Bill No. 5141; and other interested parties as appropriate to develop and conduct a community engagement process to inform the review.
(e) The department shall complete the comprehensive equity review under this section and submit a final report, containing all of the elements and considerations specified in this section, to the legislature by June 30, 2022.
(90) (($23,000,000))$23,444,000 of the general fundfederal appropriation (ARPA) is provided solely for the HOME investment partnerships program pursuant to P.L. 117-2. Of the amount provided in this subsection, $18,000,000 of the general fundfederal appropriation (ARPA) is provided solely for the department to issue competitive financial assistance to eligible organizations under RCW 43.185A.040 for the acquisition and development of noncongregate shelter units, subject to the following conditions and limitations:
(a) Grants provided under this subsection may be used to acquire real property for quick conversion into noncongregate shelter units or for renovation and building update costs associated with establishment of the acquired facilities. Grants provided under this subsection may not be used for operating or maintenance costs associated with providing housing, supportive services, or debt service. For the purposes of this subsection, "noncongregate" shelter units means units provided in locations where each individual or household has living space that offers some level of privacy, such as hotels, motels, or dormitories.
(b) Units acquired or developed under this subsection must serve qualifying individuals or families as defined in P.L. 117-2.
(c) The department must establish criteria for the issuance of the grants, which must follow the guidelines and compliance requirements of the housing trust fund program and the federal HOME investment partnership program. The criteria must include:
(i) The date upon which structural modifications or construction would begin and the anticipated date of completion of the project;
(ii) A detailed estimate of the costs associated with the acquisition and any updates or improvements necessary to make the property habitable for its intended use;
(iii) A detailed estimate of the costs associated with opening the units; and
(iv) A financial plan demonstrating the ability to maintain and operate the property and support its intended tenants throughout the end of the grant contract.
(d) The department must provide a progress report on its website by November 1, 2022. The report must include:
(i) The total number of applications and amount of funding requested; and
(ii) A list and description of the projects approved for funding including state funding, total project cost, number of units, and anticipated completion date.
(e) The funding in this subsection is not subject to the 90 day application periods in RCW 43.185.070 or 43.185A.050.
(91) $391,000 of the general fundstate appropriation for fiscal year 2022 and $391,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for Pacific county to operate or participate in a drug task force to enhance coordination and intelligence while facilitating multijurisdictional criminal investigations.
(92) $150,000 of the general fundstate appropriation for fiscal year 2022 is provided solely for a grant to a nonprofit organization providing housing services in western Washington to conduct a master planning process for the development of a family-centered drug treatment and housing program. The grant recipient must be a nonprofit organization that has experience administering a comparable program in another region of the state. The program must provide housing units for families with members who have substance use disorders and who are involved in the child welfare system, and services including but not limited to case management, counseling, substance use disorder treatment, and parenting skills classes. The program site must be located within or in close proximity to King county, and include living quarters for families, space for services, and childcare and play areas for children. The nonprofit must include housing developers, service providers, and other interested parties in the master planning process. By December 31, 2021, the nonprofit must submit the plan to the department, the senate ways and means committee, and the house capital budget committee.
(93) $150,000 of the general fundstate appropriation for fiscal year 2022 and $150,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for a grant to a nonprofit organization to assist fathers transitioning from incarceration to family reunification. The grant recipient must have experience contracting with the department of corrections to support offender betterment projects and the department of social and health services to provide access and visitation services.
(94) (($7,500,000))$4,000,000 of the general fundstate appropriation for fiscal year 2022 and (($2,500,000))$6,000,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for grants to community organizations that serve historically disadvantaged populations to conduct outreach and assist community members in applying for state and federal assistance programs, including but not limited to those administered by the departments of social and health services; commerce; and children, youth, and families. By June 31, 2023, the department must provide to the appropriate committees of the legislature a detailed report of the activities funded in this subsection. The report must include but is not limited to:
(a) A list of grant recipients, their location, and the grant amount each received;
(b) Input from grantees on best practices for engagement with populations experiencing systemic inequities;
(c) Suggestions from the department and grant recipients on how to engage populations experiencing systemic inequities with future programming; and
(d) Other information and recommendations on need for this type of outreach work in future grant programs.
(95) $375,000 of the general fundstate appropriation for fiscal year 2022 and $375,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for the department to accelerate implementation of the low-income rural home rehabilitation program by contracting with up to seven home rehabilitation agencies, as defined under WAC 365-175-030, in a variety of regions of the state. Funding provided in this subsection may be used by home rehabilitation agencies for program support in order to increase the number of households participating in the program. Home rehabilitation agencies receiving funding under this subsection must provide the department with a summary of their direct and indirect costs associated with implementing the program.
(96) $450,000 of the general fundstate appropriation for fiscal year 2022 is provided solely for pre-development activities for state-operated or contracted residential or supportive housing facilities at the Pacific hospital preservation and development authority buildings three through ten in Seattle, to help carry out Washington state's plans for new community-based residential facilities, including supportive housing. The facilities may be used for behavioral health, long-term care, developmentally disabled community housing, recovery residences, state-operated living alternatives, group homes, or family-centered substance use disorder recovery housing. The amounts provided in this subsection may be used for concept development, planning, lease payments, and other related expenses for pre-development of state- or nonprofit-operated residential facilities identified by the health care authority or the departments of social and health services, children, youth, and families, and commerce. The department is authorized to enter into a short-term lease, with an option to enter into a multiyear extension, for the Pacific hospital preservation and development authority quarters buildings three through ten.
(97) $80,000 of the general fundstate appropriation for fiscal year 2022 and $80,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for a grant to a nonprofit organization dedicated to supporting forest health restoration located in Okanogan county for work toward a biochar research and demonstration project and initial efforts toward full-size operation of an industrial-sized facility in the Methow valley.
(98) $6,800,000 of the general fundstate appropriation for fiscal year 2022 ((and)), $8,200,000 of the general fundstate appropriation for fiscal year 2023, and $7,500,000 of the coronavirus state fiscal recovery fundfederal appropriation are provided solely ((for grants to crime victim services providers for victim assistance programs. The department must distribute the funds in accordance with the methodologies used to distribute federal victims of crime act victim assistance funding))to ensure continuity of crime victim services impacted by reductions in federal victims of crime act funding and help address increased demand for crime victim services attributable to the COVID-19 pandemic. The department shall consult with crime victim service providers and other stakeholders to inform a plan to invest any amount above what is required to maintain existing services in immediate, short-term needs and in a manner that is consistent with the office of crime victims advocacy's state plan.
(99)(a) (($225,000))$115,000 of the general fundstate appropriation for fiscal year 2022 and (($225,000))$335,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for the department to appoint and maintain an aviation and aerospace advisory committee to generally advise the director of the department and the secretary of the department of transportation on matters related to aviation and aerospace in Washington state. The advisory committee must develop recommendations regarding operating budget and capital budget requests relating to aviation and aerospace needs, and strategies to enhance the safe and effective use of public use airports and aerospace facilities in Washington state. The aviation and aerospace advisory committee must also advise the director and secretary, or their designees, and make recommendations on the following matters:
(i) Employment of emerging aviation and aerospace technologies to include unmanned, autonomous, and alternative propulsion systems;
(ii) New, changed, or proposed federal regulations;
(iii) Industry needs to remain nationally and internationally competitive;
(iv) Policy considerations;
(v) Funding priorities and capital project needs;
(vi) Methods to reduce greenhouse gas emissions;
(vii) Workforce development needs and opportunities;
(viii) Multimodal requirements; and
(ix) Other matters pertaining to the aviation and aerospace industries as the aviation and aerospace advisory committee deems appropriate.
(b) The director of the department of commerce, or the director's designee, shall appoint members to the aviation and aerospace advisory committee including, at a minimum:
(i) Two county commissioners, one from east of the crest of the Cascade mountains and one from west of the crest of the Cascade mountains;
(ii) An owner of an aviation company and an owner of an aerospace company or their representatives;
(iii) The director of the aviation division of the department of transportation, or the director's designee;
(iv) Two individuals who are top executive officials of a commercial service airport, typically with the title of chief executive officer, airport director, or executive director, one from an airport located east of the crest of the Cascade mountains and one from an airport located west of the crest of the Cascade mountains;
(v) Advisory members from the federal aviation administration;
(vi) The aerospace lead from the department of commerce or a representative of the department;
(vii) A representative of a statewide environmental organization;
(viii) A representative of the military department;
(ix) A representative of the state board for community and technical colleges;
(x) Representatives from airport associations;
(xi) Representatives from an aviation and aerospace educational program; and
(xii) Representatives from both aviation and aerospace associations.
(c) The director of the department and the secretary of the department of transportation, or their designees, shall serve as the administrative cochairs of the aviation and aerospace advisory committee.
(d) The department must provide staff support for all aviation and aerospace advisory committee meetings.
(e) The aviation and aerospace advisory committee must meet at the call of the administrative cochairs for any purpose that directly relates to the duties set forth in (a) of this subsection, or as otherwise requested by the director, secretary, or their designees as the administrative cochairs.
(f) In consultation with the aviation and aerospace advisory committee, the department must develop a strategic plan for the department's aerospace, aviation, and airport economic development program. The strategic plan should identify: (i) Changing market conditions in the aerospace industry; (ii) emerging opportunities to diversify and grow Washington's aerospace sector; and (iii) strategies and action steps to build on the state's core strengths in aerospace infrastructure and workforce expertise to diversify and grow employment in Washington's aerospace sector. The department must submit the strategic plan to the appropriate committees of the legislature by June 30, 2023.
(g) The cochairs may seek recommendations and input from the aviation and aerospace advisory committee to inform the legislature on aviation and aerospace issues.
(100)(a) (($300,000))$270,000 of the general fundstate appropriation for fiscal year 2022 ((is))and $30,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for the department to convene a work group on reducing racial disparities in Washington state homeownership rates. The goals of the work group are to assess perspectives on housing and lending laws, policies, and practices; facilitate discussion among interested parties; and develop budgetary, administrative policy, and legislative recommendations.
(b) The director of the department, or the director's designee, must chair the work group. The department must, in consultation with the Washington state office of equity and the governor's office of Indian affairs, appoint a minimum of twelve members to the work group representing groups including but not limited to:
(i) Organizations and state entities led by and serving Black, indigenous, and people of color;
(ii) State or local government agencies with expertise in housing and lending laws;
(iii) Associations representing cities and housing authorities; and
(iv) Professionals from private-sector industries including but not limited to banks, credit unions, mortgage brokers, and housing developers.
(c) The department must convene the first meeting of the work group by August 1, 2021. The department must submit a final report to the governor and appropriate committees of the legislature by August 1, 2022. The final report must:
(i) Evaluate the distribution of state affordable housing funds and its impact on the creation of homeownership units serving Black, indigenous, and people of color;
(ii) Evaluate the eligibility requirements, access, and use of state-funded down payment assistance funds, and their impact on homeownership rate disparities;
(iii) Review barriers preventing Black, indigenous, and people of color from accessing credit and loans through traditional banks for residential loans; and
(iv) Provide budgetary, administrative policy, and legislative recommendations to increase ownership unit development and access to credit.
(101) $225,000 of the general fundstate appropriation for fiscal year 2022 and $225,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for the department to convene a task force to make recommendations regarding needed reforms to the state's growth policy framework, including the growth management act, state environmental policy act, and other statutes related to growth, change, economic development, housing, social equity, and environmental conservation. The process will build upon the findings, concepts, and recommendations in recent state-funded reports, including the "road map to Washington's future" issued by the William D. Ruckelshaus center in 2019, the report of the environmental justice task force issued in 2020, and "updating Washington's growth policy framework" issued by the University of Washington in 2021. The task force must involve diverse perspectives including but not limited to representatives of counties, cities, special districts, the real estate, building, and agricultural industries, planning and environmental organizations, tribal governments, and state agencies. Special effort must be made to include in these discussions the lived experiences and perspectives of people and communities who have too often been excluded from public policy decision-making and unevenly impacted by those decisions. The work group must report on its activities and recommendations prior to the 2022 and 2023 legislative sessions.
(102) $80,000 of the general fundstate appropriation for fiscal year 2022 and $80,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for a grant to a nonprofit organization located in the city of Seattle for providing resident services and on-site programming for affordable housing residents in Delridge, supporting local youth with leadership pathways, and other community development initiatives that improve the health and well-being of southwest Seattle residents.
(103) $61,000 of the general fundstate appropriation for fiscal year 2022 and $31,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for San Juan county health and community services to enter into an agreement with the United States geological survey to evaluate available groundwater, surface water, and meteorological data for the county, complete recharge estimations for the county, and update the water balance for the county.
(104) $140,000 of the general fundstate appropriation for fiscal year 2022 is provided solely to contract with businesses ending slavery and trafficking for a human trafficking initiative.
(a) Of the amounts provided in this subsection, $60,000 of the general fundstate appropriation for fiscal year 2022 is provided solely to extend job readiness services and employment opportunities for survivors of human trafficking and persons at risk of human trafficking, in near-airport communities in south King county.
(b) Of the amounts provided in this subsection, $80,000 of the general fundstate appropriation for fiscal year 2022 is provided solely to develop a national awareness campaign. The campaign will increase signage in seaports, airports, and near-airport communities so that people who are vulnerable to trafficking or experiencing human trafficking can access assistance through the national human trafficking hotline.
(105) $278,000 of the general fundstate appropriation for fiscal year 2022 and $277,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for a grant to a nonprofit organization within the city of Tacoma for social services and educational programming to assist Latino and indigenous communities in honoring heritage and culture, becoming proficient in civic education, and overcoming barriers to social, political, racial, economic, and cultural community development.
(106) $100,000 of the general fundstate appropriation for fiscal year 2022 and $150,000 of the general fundstate appropriation for fiscal year 2023 are provided solely to provide college accredited courses through alternative methods to disadvantaged adults, such as those experiencing homelessness, who are low-income, come from generational poverty, or have a disabling condition, including those that are further impacted by systemic racism, who do not believe they can be successful or have not yet contemplated college for their future with the intent of engaging these individuals in further education to increase their lifelong wage potential.
(107)(a) (($351,000))$151,000 of the general fundstate appropriation for fiscal year 2022 and (($332,000))$532,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for the department to contract with a nonprofit organization with demonstrated expertise in the creative arts and strategic planning to establish a Washington state creative economy work group that within two years, and with the advice of the work group, develops a strategic plan to improve the Washington state creative economy that can be rolled out in incremental phases to reach identified economic, social justice, and business development goals.
(b) The goal of the strategic plan must be to ensure that the state of Washington is competitive with respect to attracting creative economy business, retaining talent within the state, and developing marketable content that can be exported for national and international consumption and monetization. The strategic plan must address support for the creative community within historically marginalized communities, as well as the creative economy at large, and take into account the diverse interests, strengths, and needs of Washington's population on both sides of the Cascade mountains.
(c) The chair of the work group must be the director of the nonprofit organization contracted with by the department or the director's designee, and must have significant experience working as an artist, producer, or director and in business development, including drafting business plans and multidisciplinary planning documents. The chair must appoint representatives to the work group who represent the range of demographic diversity across the state of Washington, including:
(i) A representative from the Washington state association of counties;
(ii) A representative from the association of Washington cities;
(iii) A representative from the Washington state arts commission;
(iv) A representative from the Washington state labor council;
(v) A representative from the banking industry with experience in matters involving the federal small business administration;
(vi) An appropriate number of representatives from the Washington state arts community including, but not limited to, the following sectors:
(A) Film, television, and video production;
(B) Recorded audio and music production;
(C) Animation production;
(D) Video game development;
(E) Live theater, orchestra, dance, and opera;
(F) Live music performance;
(G) Visual arts, including sculpture, painting, graphic design, and photography;
(H) Production facilities, such as film and television studios; and
(I) Live music or performing arts venues;
(vii) A representative from a certified public accounting firm or other company with experience in financial modeling and in the creative arts;
(viii) A representative selected by the Washington state commission on African American affairs, the Washington state commission on Hispanic affairs, the governor's office of Indian affairs, and the Washington state commission on Asian Pacific American affairs to represent the entities on the work group;
(ix) A representative of a federally recognized Indian tribe with a reservation located east of the crest of the Cascade mountains;
(x) A representative of a federally recognized Indian tribe with a reservation located west of the crest of the Cascade mountains; and
(xi) Other state agency representatives or stakeholder group representatives, at the discretion of the work group, for the purpose of participating in specific topic discussions.
(d) In developing the strategic plan for the Washington state creative economy, the work group must:
(i) Identify existing studies of aspects affecting the creative economy, including studies relating to tax issues, legislation, finance, population and demographics, and employment;
(ii) Conduct a comparative analysis with other jurisdictions that have successfully developed creative economy plans and programs, including the states of Georgia and New Mexico, and the provinces of British Columbia and Ontario, Canada;
(iii) Conduct in-depth interviews to identify best practices for structuring a strategic plan for the state of Washington;
(iv) Evaluate existing banking models for financing creative economy projects in the private sector and develop a financial model to promote investment in Washington's creative economy;
(v) Evaluate existing state and county tax incentives and make recommendations for improvements to support the creative economy;
(vi) Identify the role that counties and cities play with respect to the strategic plan, and identify specific counties and cities that may need or want a stronger creative economy;
(vii) Identify opportunities for synergies with new business models and the integration of new technologies; and
(viii) Identify the role that state education programs in the creative arts play in the creative economy and with respect to advancing the strategic plan.
(e) The department of commerce shall facilitate the timely transmission of information and documents from all appropriate state departments and agencies to the nonprofit organization contracted under this subsection. The work group must report its findings and recommendations to the appropriate committees of the legislature by December 1, 2022. The contracted nonprofit must administer the expenses of the work group.
(108) (($300,000))$153,000 of the general fundstate appropriation for fiscal year 2022 ((is))and $147,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for a grant to a nonprofit museum and science and technology center located in the city of Seattle that provides youth educational programming related to discovery, experimentation, and critical thinking in the sciences for a maker and innovation lab and to develop and operate new experiential learning opportunities.
(109) $125,000 of the general fundstate appropriation for fiscal year 2022 and $125,000 of the general fundstate appropriation for fiscal year 2023 are provided solely to contract with a statewide association that supports a network of local asset building coalitions for programs to increase the financial stability of low-income Washingtonians adversely affected economically by COVID-19 through increasing participation in earned income tax credit refunds, the Washington retirement marketplace, and programs that build personal savings.
(110) (($421,000))$971,000 of the general fundstate appropriation for fiscal year 2022 ((is))and $3,561,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for the department to continue starting up the Washington state office of firearm safety and violence prevention, including the creation of a state and federal grant funding plan to direct resources to cities that are most impacted by community violence. Of the amounts provided in this subsection:
(a) $100,000 of the general fundstate appropriation for fiscal year 2022 and $600,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for community-based violence prevention and intervention services to individuals identified through the King county shots fired social network analysis. The department must complete an evaluation of the program and provide a report to the governor and the appropriate legislative committees by June 30, 2023.
(b)(i) $450,000 of the general fundstate appropriation for fiscal year 2022 and $1,800,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for a grant program through the office of firearm safety and violence prevention for evidence-based services to youth who are at high risk to perpetrate gun violence and who reside in areas with high rates of gun violence. Priority shall be given to:
(A) One site in Yakima county, one site in south King county, and one site in Tacoma;
(B) Sites that partner with the University of Washington public behavioral health & justice policy division to deliver culturally relevant family integrated transition services through use of credible messenger advocates;
(C) Sites that partner with the University of Washington Harborview firearm injury and policy research program for social impact evaluation; and
(D) Sites that partner an organization focused on evidence-based implementation management identified by the department.
(ii) The department must complete an evaluation of the program and provide a report to the governor and the appropriate legislative committees by June 30, 2023.
(111) $250,000 of the general fundstate appropriation for fiscal year 2022 and $250,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for the department to conduct a study and report to the legislature on city and county implementation of the multifamily housing property tax exemption. The report must:
(a) Review whether cities have practices in five areas:
(i) Evaluating the financial feasibility and total costs of proposed developments under the exemption;
(ii) Monitoring rent, occupancy, and demographics of tenants of exempt housing;
(iii) Identifying direct or indirect displacement risks, and changes in income and rent distributions associated with new housing development, and plans and approaches;
(iv) Identifying practices that encourage permanent affordable rental opportunities; and
(v) Monitoring whether the exemption assists cities in meeting goals under the growth management act;
(b) Identify at least five case studies on a range of cities and provide analysis:
(i) Comparing the rent in income restricted units to market rate units in the same development and to the surrounding area;
(ii) Comparing the anticipated impact on rents and project budgets, and on public benefit under eight-year, 12-year, and 20-year property tax exemption scenarios;
(iii) Looking at permanent affordable rentals; and
(iv) Evaluating changes in income distribution, rent distribution, commute/location, and displacement risks in areas with exempt housing; and
(c) Estimate other state and local tax revenue generated by new housing developments and how it compares to the property tax exemption.
(112) $195,000 of the general fundstate appropriation for fiscal year 2022 is provided solely for a grant to Spokane county for costs related to redistricting activities required by chapter 36.32 RCW.
(113) $130,000 of the general fundstate appropriation for fiscal year 2022 and $130,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for the department to contract with a nonprofit organization to provide tiny homes for veterans.
(114) (($210,000))$170,000 of the general fundstate appropriation for fiscal year 2022 and (($90,000))$130,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for the department to perform an analysis of the property operations and maintenance costs and tenant supportive services costs for affordable housing projects that receive funding from the Washington housing trust fund. The projects to be analyzed must include, but are not limited to, permanent supportive housing and youth housing taking into consideration housing projects that have been in service for a sufficient time that actual costs can be determined. The analysis shall include a categorized overview of the expenses and fund sources related to the maintenance, operations, and supportive services necessary for the affordable housing projects to be successful in housing the intended population, as well as identify other available funding sources for these costs. The analysis must also explore the timing and alignment challenges for pairing operational and supportive services funding with the initial capital investments, and make recommendations relating to any benchmarks that can be established regarding future costs that would impact the operating budget, and about the state's role in planning, support, and oversight to ensure long-term sustainability of these projects. The department may hire a consultant to conduct this study. The department shall report its findings and recommendations to the office of financial management and the appropriate committees of the legislature by December 1, 2022.
(115) $157,000 of the general fundstate appropriation for fiscal year 2022 and $154,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for implementation of Second Substitute Senate Bill No. 5383 (public telecom services). ((If the bill is not enacted by June 30, 2021, the amounts provided in this subsection shall lapse.))
(116) $1,555,000 of the general fundstate appropriation for fiscal year 2022 ((is))and $1,592,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for implementation of Engrossed Second Substitute Senate Bill No. 5141 (environmental justice task force). ((If the bill is not enacted by June 30, 2021, the amount provided in this subsection shall lapse.))
(117) $946,000 of the general fundstate appropriation for fiscal year 2022 and $921,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for implementation of Second Substitute Senate Bill No. 5368 (rural economic development). ((If the bill is not enacted by June 30, 2021, the amounts provided in this subsection shall lapse.))
(118) $114,000 of the general fundstate appropriation for fiscal year 2022 and $110,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for implementation of Engrossed Second Substitute Senate Bill No. 5287 (affordable housing incentives). ((If the bill is not enacted by June 30, 2021, the amounts provided in this subsection shall lapse.))
(119) $250,000 of the general fundstate appropriation for fiscal year 2022 and (($250,000))$1,026,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for implementation of Senate Bill No. 5345 (industrial waste program). Of the amounts provided in this subsection, $175,000 of the general fundstate appropriation for fiscal year 2022 and (($175,000))$951,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for grants to local industrial waste symbiosis projects as provided in the bill. ((If the bill is not enacted by June 30, 2021, the amounts provided in this subsection shall lapse.))
(120) (($1,250,000))$700,000 of the general fundstate appropriation for fiscal year 2022 and (($1,250,000))$1,800,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for implementation of Engrossed Substitute Senate Bill No. 5353 (law enforcement community engagement). Of the amounts provided in this subsection, $500,000 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.))
(121) $66,000 of the general fundstate appropriation for fiscal year 2022 is provided solely for implementation of Second Substitute Senate Bill No. 5183 (nonfatal strangulation). ((If the bill is not enacted by June 30, 2021, the amount provided in this subsection shall lapse.))
(122) $40,000 of the general fundstate appropriation for fiscal year 2022 is provided solely for implementation of Substitute Senate Bill No. 5126 (climate commitment). ((If the bill is not enacted by June 30, 2021, the amount provided in this subsection shall lapse.))
(123) $2,500,000 of the general fundstate appropriation for fiscal year 2022 and $2,500,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for the department to administer a competitive grant program for grants to community-based programs to provide reentry services for formerly incarcerated persons and supports to facilitate successful transitions to the community. The department must work in collaboration with the statewide reentry council to administer the program. Applicants must provide a project proposal to the department as a part of the application process. Grant awards provided under this subsection may be used for costs including but not limited to housing, case management and navigators, employment services, family reunification, and legal services to respond to collateral impacts of reentry. The department must award at least 30 percent of the funding provided in this subsection to applicants located in rural counties.
(124) (($2,500,000))$2,000,000 of the general fundstate appropriation for fiscal year 2022 and (($2,500,000))$3,000,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for the department to administer grants to diaper banks for the purchase of diapers, wipes, and other essential baby products, for distribution to families in need. The department must give priority to providers serving or located in marginalized, low-income communities or communities of color; and providers that help support racial equity.
(125)(a) $5,000,000 of the coronavirus state fiscal recovery fundfederal appropriation is provided solely for the department to provide grant funds to Clallam county to support the preservation of private marine transportation activities and jobs associated with such activities that have been directly impacted by the closure of the United States-Canada border during the COVID-19 pandemic.
(b) To be eligible for a grant from the county under this subsection the business must:
(i) Apply for or have applied for the grant from the county;
(ii) Have expenses that are necessary to continue business operations and the expense is not a federal, state, or local tax, fee, license, or other government revenue;
(iii) Provide documentation to demonstrate that the expense is not funded by any other government or private entity;
(iv) Demonstrate the business was actively engaged in business, and as a result of the border closures the business temporarily totally closed operations;
(v) Have experienced at least a significant reduction in business income or activity related to United States-Canada border closures;
(vi) Agree to operate in accordance with the requirements of applicable federal, state, and local public regulations including health and safety measures;
(vii) Demonstrate significant economic contribution of their business to the state and local economy; and
(viii) Be a majority United States owned entity operating a United States flag vessel registered and operated under the laws of the United States.
(c) Grant funds may be used only for expenses incurred on or after March 1, 2020. Eligible expenses for grant funds include:
(i) Upgrading physical workplaces to adhere to new safety or sanitation standards;
(ii) Procuring required personal protective supplies for employees and business patrons and clients;
(iii) Updating business plans;
(iv) Employee costs, including payroll, training, and onboarding;
(v) Rent, lease, mortgage, insurance, and utility payments;
(vi) Securing inventory, supplies, and services for operations; and
(vii) Maintenance and operations costs associated with vessel operations.
(d) The county must submit a report to the department by June 30, 2022, outlining the use of funds, specific expenditures of the grantees, and revenue and expenses of the grantees including additional government or private funds or grants received.
(126) (($1,656,000))$1,162,000 of the general fundstate appropriation for fiscal year 2022 and (($1,615,000))$2,109,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for the department to publish the guidelines and guidance set forth in (a), (b), and (c) of this subsection. The department shall publish the guidelines and guidance described in (a), (b), and (c) of this subsection no later than June 30, 2023. From amounts provided in this subsection, pursuant to an interagency agreement, the department shall provide funding to the department of ecology, the department of health, the department of fish and wildlife, the department of natural resources, the department of health, and the emergency management division of the military department to fund activities that support the work specified in (a), (b) and (c) of this subsection.
(a) The department, in consultation with the department of ecology, the department of health, and the department of transportation, shall publish guidelines that provide a set of actions counties and cities may take, under existing statutory authority, through updates to their comprehensive plans and development regulations that have a demonstrated ability to reduce greenhouse gas emissions in order to achieve the statewide greenhouse gas emissions reductions set forth in RCW 70A.45.020(1), allowing for consideration of the emissions reductions achieved through the adoption of statewide programs. The guidelines must prioritize reductions in communities that have experienced disproportionate harm due to air pollution and may draw upon the most recent health disparities data from the department of health to identify high pollution areas and disproportionately burdened communities.
(b) The department, in consultation with the department of transportation, shall publish guidelines that specify a set of actions counties and cities may take through updates to their comprehensive plans and development regulations that have a demonstrated ability to reduce per capita vehicle miles traveled, including measures that are designed to be achievable throughout the state, including in small cities and rural cities.
(c) The department shall develop, in collaboration with the department of ecology, the department of fish and wildlife, the department of natural resources, the department of health, and the emergency management division of the military department, as well as any federally recognized tribe who chooses to voluntarily participate, guidance that creates a model climate change and resiliency element that may be used by counties, cities, and multiple-county planning regions for developing and implementing climate change and resiliency plans and policies subject to the following provisions:
(i) The model element should provide guidance on identifying, designing, and investing in infrastructure that supports community resilience to climate impacts, including the protection, restoration, and enhancement of natural infrastructure as well as traditional infrastructure and protecting natural areas resilient to climate impacts, as well as areas of vital habitat for safe passage and species migration;
(ii) The model element should provide guidance on identifying and addressing natural hazards created or aggravated by climate change, including sea level rise, landslides, flooding, drought, heat, smoke, wildfires, and other effects of reasonably anticipated changes to temperature and precipitation patterns;
(iii) The model element must recognize and promote as many cobenefits of climate resilience as possible, such as salmon recovery, ecosystem services, and supporting treaty rights; and
(iv) The model element must prioritize actions in communities that will disproportionately suffer from compounding environmental impacts and will be most impacted by natural hazards due to climate change and may draw upon the most recent health disparities data from the department of health to identify disproportionately burdened communities.
(d) If the department publishes any subsequent updates to the guidelines published pursuant to (a) or (b) of this subsection, the department shall include in any such update a determination of whether adequate progress has been made toward the statewide greenhouse gas and per capita vehicle miles traveled reduction goals. If adequate progress is not being made, the department must identify in any updates to the guidelines what additional measures cities and counties may take in order to make further progress.
(e) The department, in the course of implementing this subsection, shall provide and prioritize options that support housing diversity and that assist counties and cities in meeting greenhouse gas emissions reduction and other requirements established under chapter 70A.45 RCW.
(127) $240,000 of the general fundstate appropriation for fiscal year 2022 and $95,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for the department to collaborate with the department of children, youth, and families to jointly convene and facilitate a child care collaborative task force to continue the work of the task force created in chapter 368, Laws of 2019 (2SHB 1344) to establish a true cost of quality of child care. The task force shall report its findings and recommendations to the governor and the appropriate committees of the legislature by November 1, 2022.
(128) $10,000,000 of the Washington housing trust accountstate appropriation is provided solely for housing that serves people with intellectual and developmental disabilities.
(129) $25,000,000 of the coronavirus state fiscal recovery fundfederal appropriation is provided solely to expand the low-income home energy assistance program. Funds provided in this subsection may be used to provide assistance to individuals applying for assistance with income equal to or less than 300 percent of the federal poverty level.
(130) $25,000,000 of the coronavirus state fiscal recovery fundfederal appropriation is provided solely to expand the low-income home water assistance program. The amount provided in this subsection may be used to provide assistance to individuals applying for assistance with income equal to or less than 300 percent of the federal poverty level.
(131) $50,000,000 of the coronavirus state fiscal recovery fundfederal appropriation is provided solely for grants for public and private water, sewer, electric, and natural gas utilities to address low-income customer arrearages compounded by the COVID-19 pandemic and the related economic downturn that were accrued between March 1, 2020, and December 31, 2021.
(a) By May 27, 2022, each utility that wishes to participate, must opt-in to the grant program by providing the department the following information:
(i) Current arrearage balances for residential customers as of March 31, 2022; and
(ii) Available information on arrearage balances of low-income customers, including customers who received assistance from the low-income home energy assistance program, low-income water assistance program, or ratepayer-funded assistance programs between April 1, 2020, and March 31, 2022, as of March 31, 2022. If a utility does not have access to information regarding customer participation in these programs, the department must distribute funding to the community action program serving the same service area as the utility instead of the utility.
(b) In determining the amount of funding each utility may receive, the department must consider:
(i) Each participating utility's proportion of the aggregate amount of arrearages among all participating utilities;
(ii) Utility service areas that are situated in locations experiencing disproportionate environmental health disparities;
(iii) American community survey poverty data; and
(iv) Whether the utility has leveraged other fund sources to reduce customer arrearages.
(c) The department may retain up to one percent of the funding provided in this subsection to administer the program.
(d) Each utility shall disburse funds directly to customer accounts by December 31, 2022. Funding shall only be distributed to customers that have participated in the low-income home energy assistance program, low-income water assistance program, or ratepayer-funded assistance programs.
(e) Utilities may, but are not required to, work with other utilities or use community action agencies to administer these funds following the eligibility criteria for the low-income home energy assistance program and the low-income household water assistance program.
(f) By March 1, 2023, each utility who opted into the grant program must report to the department, utilities and transportation commission, and state auditor on how the funds were utilized and how many customers were supported.
(g) Utilities may account for and recover in rates administrative costs associated with the disbursement of funds provided in this subsection.
(132) $10,000,000 of the general fundstate appropriation for fiscal year 2023 is provided to the department for grants for updating and implementing comprehensive plans and development regulations in order to implement the requirements of the growth management act.
(a) Up to $500,000 per biennium may be allocated as grant funding to local jurisdictions. Awards must be based on a formula, determined by the department, to ensure that grants are distributed equitably among cities and counties. Grants must be used primarily to fund the review and update requirements for counties and cities required by RCW 36.70A.130. Funding provided on this formula basis shall cover additional county and city costs, if applicable, to implement chapter 254, Laws of 2021.
(b) Up to $500,000 per biennium may be allocated toward growth management policy research and development or to assess the ongoing effectiveness of existing growth management policy.
(c) Within the amounts not utilized under (a) and (b) of this subsection, the department shall establish a competitive grant program to implement requirements of the growth management act.
(d) The department must develop a process for consulting with local governments, affected stakeholders, and the legislature to establish emphasis areas for competitive grant distribution and for research priorities. The department must complete a report on emphasis areas and research priorities by June 30, 2023.
(133) $4,500,000 of the general fundstate appropriation for fiscal year 2022 is provided solely for a grant to the city of Seattle for deposit into the Skagit environmental endowment fund to support the protection of the headwaters of the Skagit river watershed through the acquisition of land, mining, and/or timber rights. This grant must be matched by nonstate sources.
(134) $40,600,000 of the coronavirus state fiscal recovery fundfederal appropriation is provided solely for grants to local jurisdictions, or nonprofit entities within those jurisdictions, that are engaged in a memorandum of understanding with state agencies regarding the reduction of the number of persons residing on public rights of way by transitioning them to permanent housing solutions. Funding may be used to provide outreach, shelter, transportation, and other services needed to assist individuals residing on public rights of way to secure permanent housing.
(135) $125,000,000 of the community reinvestment accountstate appropriation is provided solely for community reinvestment grants to eligible entities.
(a) Grant funding must be distributed across the following areas:
(i) Economic development, which includes addressing wealth disparities to promote asset building such as home ownership and expanding access to financial resources including, but not limited to, grants and loans for small businesses and entrepreneurs, financial literacy training, and other small business training and support activities;
(ii) Post conviction relief and case assistance, including the expungement of criminal records and vacation of criminal convictions;
(iii) Community-based violence intervention and prevention services; and
(iv) Reentry services to facilitate successful transitions for persons formerly incarcerated in an adult correctional facility or juvenile residential facility in Washington.
(b) The department is encouraged to distribute funding to the four reinvestment areas described in (a) of this subsection rapidly using existing programs and networks. Any funding not distributed within existing programs and networks must ensure the following:
(i) The projects or programs will produce significant long-term economic benefits to the state, a region of the state, or a particular community in the state;
(ii) The projects or programs do not require continuing state support;
(iii) The investments will result in significant long-term economic benefits in the form of new jobs, job retention, increased personal wealth, or higher incomes for citizens of the state or a particular community in the state;
(v) The expenditure will not supplant private investment; and
(vi) The expenditure is accompanied by additional public or private investment.
(c) Eligible entities may include nonprofit organizations, local businesses, community or neighborhood associations, or collaborations of the same.
(d) The distribution of the grants under this subsection (135) must be conducted in collaboration with the governor's office of Indian affairs, the office of equity, and "by and for community organizations" as defined by the department of commerce and the office of equity.
(136) $7,000,000 of the general fundstate appropriation for fiscal year 2023 is provided solely for the department to conduct outreach activities for the working families tax exemption established in RCW 82.08.0206 and the federal earned income tax credit. The legislature intends for this expenditure to be one-time. Of the amounts provided in this subsection:
(a) $4,800,000 of the general fundstate appropriation for fiscal year 2023 is provided solely for grants to community-based organizations to conduct outreach activities and application assistance for individuals eligible for the working families tax exemption. In awarding the funds, the department must award grants to at least two community-based organizations in each county. Of the amounts provided in this subsection (a), 25 percent must be used for outreach activities serving tribal and urban Indian communities, communities of color, and households in rural areas.
(b) $2,000,000 of the general fundstate appropriation for fiscal year 2023 is provided solely for grants to community-based organizations to conduct outreach activities and application assistance for individuals eligible for the working families tax exemption who file or may be eligible to file using a valid individual taxpayer identification number. Grant recipients may also use grant funds to assist individuals in obtaining valid individual tax identification numbers.
(c) $200,000 of the general fundstate appropriation for fiscal year 2023 is provided solely for the department to provide oversight, technical assistance, and training for grant recipients; conduct language access activities; create a statewide outreach plan; and for other administrative costs.
(137) $4,092,000 of the general fundstate appropriation for fiscal year 2023 is provided solely for implementation of Senate Bill No. 5566 (independent youth housing). If the bill is not enacted by June 30, 2022, the amount provided in this subsection shall lapse.
(138) $7,300,000 of the general fundstate appropriation for fiscal year 2023 is provided solely to increase funding for the community services block grant program. Distribution of these funds to community action agencies shall prioritize racial equity and undoing inequity from historic underinvestment in Black, indigenous, and people of color and rural communities.
(139) $1,124,000 of the general fundstate appropriation for fiscal year 2023 is provided solely for a grant to expand health care access points with increased services from Tubman center for health and freedom to address disparate health outcomes of Black Washingtonians.
(140) $3,335,000 of the general fundstate appropriation for fiscal year 2022 and $2,223,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for a grant to Snohomish county to stabilize newly arriving Afghan refugees.
(141) $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 a grant to a peer-led community and hospitality space located in south King county to expand services for women engaging in the sex trade.
(142) $125,000 of the general fundstate appropriation for fiscal year 2022 and $125,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for a grant to a nonprofit organization to develop a K-12 school building ventilation technical assistance, outreach, and education program. The grant recipient must be located in a city with a population of more than 700,000 and must have experience administering a statewide technical assistance, outreach, and education program for building operators.
(143) $500,000 of the general fundstate appropriation for fiscal year 2022 is provided solely for a grant to a Tacoma-based nonprofit dental clinic with a location in unincorporated Pierce county to continue to provide dental services to low-income youth.
(144) $92,000 of the general fundstate appropriation for fiscal year 2022 and $93,000 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 Latinx, Spanish speaking, and indigenous communities in addressing domestic violence. Funding can be used to provide client advocacy as well as safe housing, costs of appropriate expenses during the course of trauma, and overcoming barriers to social, political, racial, economic, and cultural community development.
(145) $120,000 of the general fundstate appropriation for fiscal year 2023 is provided solely for a grant to a nonprofit resource center in King county that provides sexual assault advocacy services, therapy services, and prevention and outreach to begin a three-year, multigrade sexual violence prevention program in the Renton school district.
(146) $350,000 of the general fundstate appropriation for fiscal year 2022 and $150,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for a grant to a Tacoma-based nonprofit multicultural center to support the operations of food bank networks and to be reimbursed for equipment purchased for preventative maintenance on food bank network buildings.
(147) $3,000,000 of the general fundstate appropriation for fiscal year 2023 is provided solely for a grant to a statewide nonprofit organization whose sole purpose is to provide grants, training and capacity building, networking and resource coordination, and technical assistance to nonprofit microenterprise development organizations in Washington state that support small businesses.
(148) $500,000 of the general fundstate appropriation for fiscal year 2022 is provided solely for a grant to a Kent-based, community-based nonprofit organization that serves culturally and linguistically diverse families of persons with developmental and intellectual disabilities for predevelopment funds to accelerate the production of new affordable housing and a multicultural community center.
(149) $400,000 of the general fundstate appropriation for fiscal year 2023 is provided solely for a grant to a Tacoma-based business center that supports women and minority-owned businesses to expand outreach in underserved communities, providing targeted assistance where needed. Funding may also be used to collaborate the department, the Washington economic development association, and others to develop a more effective and efficient service delivery system for Washington's women and minority-owned small businesses.
(150) $1,000,000 of the general fundstate appropriation for fiscal year 2023 is provided solely for a grant to a business center that provides confidential, no-cost, one-on-one, client-centered assistance to small businesses to expand outreach in underserved communities, especially Black, indigenous, and people of color-owned businesses, providing targeted assistance where needed. Funding may also be used to collaborate the department, the Washington economic development association, and others to develop a more effective and efficient service delivery system for Washington's women and minority-owned small businesses.
(151) $200,000 of the general fundstate appropriation for fiscal year 2023 is provided solely for the office of homeless youth prevention and protection programs to colead a prevention work group with the department of children, youth, and families. The work group must focus on preventing youth and young adult homelessness and other related negative outcomes. The work group shall consist of members representing the department of social and health services, the employment security department, the health care authority, the office of the superintendent of public instruction, the Washington student achievement council, the interagency work group on homelessness, community-based organizations, and young people and families with lived experience of housing instability, child welfare involvement, justice system involvement, or inpatient behavioral health involvement.
(a) The work group shall help guide implementation of:
(i) The state's strategic plan on prevention of youth homelessness;
(ii) Chapter 157, Laws of 2018 (SSB 6560);
(iii) Chapter 312, Laws of 2019 (E2SSB 5290);
(iv) Efforts to reform family reconciliation services; and
(v) Other state initiatives addressing the prevention of youth homelessness.
(b) The office of homeless youth prevention and protection programs must use the amounts provided in this subsection to contract with a community-based organization to support the involvement with the work group of young people and families with lived experience of housing instability, child welfare involvement, justice system involvement, or inpatient behavioral health involvement. The community-based organization must serve and be substantially governed by marginalized populations. The amounts provided in this subsection must supplement private funding to support the work group.
(152) $2,000,000 of the general fundstate appropriation for fiscal year 2023 is provided solely for a grant to a maritime education nonprofit that will support outreach, recruitment, and maritime educational experiences at the new maritime high school in the highline public school district including developing mentorship and internship programs. Funds may be used to support the school's growth to full enrollment of 400 students, to pursue enrollment that reflects the diversity of the district, to aid recruitment activities that will include partnering with regional middle schools including hands-on learning experiences on vessels, and to support curriculum that gives students STEM skills and pathways to maritime careers, including in the sciences, vessel operations and design, and marine construction.
(153) $200,000 of the general fundstate appropriation for fiscal year 2023 is provided solely to strengthen capacity of the keep Washington working act work group established in RCW 43.330.510.
(154) $250,000 of the general fundstate appropriation for fiscal year 2022 is provided solely for the transportation demand management program at the canyon park subarea in the city of Bothell.
(155) $300,000 of the general fundstate appropriation for fiscal year 2023 is provided solely for the department to report how the department will collect demographic and geographic information from organizations who receive direct or indirect grants from the department.
(a) The department may contract to complete the report. The department must collaborate with the one Washington enterprise resource planning team to determine what demographic and geographic data elements would be consistent with data elements in the extended financials and procurement phase of one Washington.
(b) The report must also include accurate cost and time estimates needed to collect the demographic and geographic information from department grantees and their subgrantees. The department must consult with the work group established in section 116(13) of this act to ensure that demographic tracking information can be used to help create an accurate definition of "by and for organizations." The department must report to the legislature by June 30, 2023. The report must include, but is not limited to, the following information:
(i) The cost and time required for the department to revise current grant agreements to collect demographic and geographic data;
(ii) The cost and time required for the department to incorporate the collection of demographic and geographic data into future grant agreements;
(iii) The cost and time required for the department to align demographic and geographic data points to the one Washington program to serve as a data collection system and repository of demographic and geographic data on all department grant agreements;
(iv) In addition to the one Washington program, an analysis of other information technology systems that can serve as a unified single data collection system and repository for demographic and geographic data on all department grant agreements. This analysis should compare and contrast the efficiency and effectiveness of each system with the capabilities, cost, and timeliness of using the one Washington program for this purpose; and
(v) Recommendations on grants that should be excluded from the responsibility to collect demographic and geographic data.
(156) $88,000 of the general fundstate appropriation for fiscal year 2023 is provided solely for a grant to a Seattle-based nonprofit that teaches math using hands-on learning experiences and collaborates with community partners to create equity-based, culturally relevant math education opportunities.
(157) $35,000,000 of the coronavirus state fiscal recovery fundfederal appropriation is provided solely for the department to provide a grant to a public facility district created under chapter 36.100 RCW that can document losses of more than $200,000,000 in cumulative anticipated tax, event, and marketing revenues in 2020, 2021, and 2022, including lost revenue due to cancellations or a reduction of participants in conventions that would have been hosted in Washington state, less grants or loans from federal and state government programs. Eligible public facilities districts may receive a maximum $35,000,000 grant. Public facility districts must provide the department with financial records that document the lost revenue to be eligible to receive a grant.
(158) $7,500,000 of the coronavirus state fiscal recovery fundfederal appropriation is provided solely to increase existing grantee contracts providing rental or housing subsidy and services for eligible tenants in housing and homeless programs. The department will work with stakeholders and grantees to increase current contracts and distribute funds to account for increases in housing and services costs across the state.
(159) $1,000,000 of the general fundstate appropriation for fiscal year 2023 is provided solely for a program to build capacity and promote the development of nonprofit community land trust organizations in the state. Funds shall be granted by the department to one or more nonprofit organizations with technical expertise on community land trusts. These funds shall be used to provide technical assistance and training to help community land trusts increase the production of affordable housing.
(160) $15,000,000 of the coronavirus state fiscal recovery fundfederal appropriation is provided solely for a grant program to reimburse lodging establishments that have experienced losses during the state's eviction moratorium pursuant to the governor's proclamations. The department must work with impacted lodging establishments to develop criteria for the administration of this grant program. The department will verify actual eligible losses to be reimbursed. Actual eligible losses include room charges not paid by persons who stayed during the moratorium, any legal expenses incurred by lodging establishments as a result of the moratorium, and any repair expenses directly attributed to damages to rooms. For the purposes of this subsection (160), "lodging establishment" means a hotel, motel, or similar establishment taxable by the state under chapter 82.08 RCW that has 40 or more lodging units.
(161)(a) $200,000 of the general fundstate appropriation for fiscal year 2023 is provided solely for the department to conduct a cost-benefit analysis on the use of agrivoltaic and green roof systems on projected new buildings with a floor area of 10,000 square feet or larger to be developed over the next 20 years in communities of 50,000 or greater. The department shall consult with the department of ecology, private sector representatives, and an organization that has experience conducting cost-benefit analyses on green roofing. The cost-benefit analysis must include:
(i) The impact of widespread green and agrivoltaic roof installation on stormwater runoff and water treatment facilities in communities with a population of greater than 50,000;
(ii) Potential water quality and peak flow benefits of widespread green and agrivoltaic roof installation;
(iii) Public health impacts;
(iv) Air quality impacts;
(v) Reductions in fossil fuel use for buildings with agrivoltaic systems;
(vi) Energy efficiency of buildings with agrivoltaic systems;
(vii) Job creation; and
(viii) Agrivoltaic installation and maintenance costs.
(b) The department shall submit the report to the energy policy and fiscal committees of the legislature by June 30, 2023, that includes, but is not limited to:
(i) The results of the cost-benefit analysis in (a) of this subsection;
(ii) Recommendations on how agrivoltaic and green roofs can be integrated into new and existing building code requirements related to stormwater codes, energy codes, and the transition away from natural gas;
(iii) An examination of existing programs at the city and county level in Washington state;
(iv) A description of the policy components and framework for green and agrivoltaic roof policies and related incentive programs; and
(v) Incentive recommendations for building owners who cover more than 50 percent of the roof surface with a green or agrivoltaic roof.
(162) $300,000 of the general fundstate appropriation for fiscal year 2023 is provided solely for a grant to a community-based organization in Whatcom county for a program that connects local food producers with retail and wholesale consumers.
(163) $60,000 of the general fundstate appropriation for fiscal year 2023 is provided solely for a grant to Yakima county to contract with a Yakima-based nonprofit organization to complete the planning and development of a community wildfire protection plan.
(164) $300,000 of the general fundstate appropriation for fiscal year 2023 is provided solely for implementation of Second Substitute Senate Bill No. 5241 (economic inclusion). If the bill is not enacted by June 30, 2022, the amount provided in this subsection shall lapse.
(165) $3,500,000 of the growth management planning and environmental review accountstate appropriation is provided solely for implementation of Senate Bill No. 5312 (transit-oriented development). If the bill is not enacted by June 30, 2022, the amount provided in this subsection shall lapse.
(166) $1,091,000 of the general fundstate appropriation for fiscal year 2023 is provided solely for implementation of Substitute Senate Bill No. 5910 (hydrogen). If the bill is not enacted by June 30, 2022, the amount provided in this subsection shall lapse.
(167) $1,400,000 of the general fundstate appropriation for fiscal year 2023 is provided solely for a grant to a Seattle-based nonprofit organization to provide technical assistance to local governments to ensure that they are appropriately applying current laws and guidelines to ensure a fair, predictable public works bidding process and to provide bid preparation technical assistance to small businesses.
(168) $1,637,000 of the general fundstate appropriation for fiscal year 2023 is provided solely for implementation of Substitute Senate Bill No. 5722 (greenhouse gases/buildings). If the bill is not enacted by June 30, 2022, the amount provided in this subsection shall lapse.
(169) $5,000,000 of the coronavirus state fiscal recovery fundfederal appropriation is provided solely for a grant program to assist businesses registered with the department of revenue under RCW 82.32.030 that are dependent on the economic activity created through conventions hosted in Washington state to maintain their operations.
(a) To be eligible for a grant under this subsection, the business must:
(i) Apply for or have applied for the grant;
(ii) Have reported annual gross receipts of $100,000,000 or less to the department of revenue for calendar year 2019;
(iii) Have expenses that are necessary to continue business operations and the expense is not a federal, state, or local tax, fee, license, or other government revenue;
(iv) Self–attest that the expense is not funded by any other government or private entity;
(v) Have experienced a reduction in business income or activity related to COVID-19 or state or local actions in response to COVID-19;
(vi) Have met one or more of the following criteria:
(A) Hosted a convention in Washington;
(B) Have a business that provided support services to conventions in Washington; or
(C) Have a business that depends on the function of conventions to sell goods and services in Washington state; and
(vii) Agree to operate in accordance with the requirements of applicable federal, state, and local public health guidance and directives.
(b) The grant award shall equal the loss in revenue between 2019 and 2021 due to a cancellation or a reduction of participants in a convention hosted in Washington state in 2020 or 2021, less grants or loans from federal and state government programs, and may not exceed $500,000.
(c) Eligible participants must provide the department of commerce with:
(i) Financial records from 2019 that can provide a basis for revenue received from convention activity in Washington state prior to the COVID-19 outbreak; and
(ii) Financial records from 2020 and 2021 that show a reduction in gross revenue received from convention activity in Washington state during the COVID-19 outbreak.
(d) If a business received one or more working Washington small business grants, the grant awarded under this subsection must be reduced to reflect the amounts received from previous working Washington small business grants.
(170) $8,500,000 of the coronavirus state fiscal recovery fundfederal appropriation is provided solely to build a mapping and forecasting tool that provides locations and information on charging and refueling infrastructure as required in chapter 300, Laws of 2021. The department shall collaborate with the interagency electric vehicle coordinating council established in Engrossed Substitute Senate Bill No. 5974 (transportation resources) when developing the tool and must work to meet benchmarks established in Engrossed Substitute Senate Bill No. 5974 (transportation resources).
(171) $69,500,000 of the coronavirus state fiscal recovery fundfederal appropriation is provided solely for a grant program for the development of electric vehicle charging infrastructure in rural areas, office buildings, multifamily housing, ports, schools and school districts, and state and local government offices.
(a) Grants in this subsection are provided solely for projects that provide a benefit to the public through development, demonstration, and deployment of clean energy technologies that save energy and reduce energy costs, reduce harmful air emissions, or increase energy independence for the state.
(b) Projects that receive funds under this subsection must be implemented by local governments, federally recognized tribal governments, or by public and private electrical utilities that serve retail customers in the state. Grant funding must be used for level 2 or higher charging infrastructure.
(c) The department must give preference to projects that provide level 3 or higher charging infrastructure.
(d) The department of commerce must coordinate with other electrification programs, including projects the department of transportation is developing, to determine the most effective distribution of the systems. The department must also collaborate with the interagency electric vehicle coordinating council established in Engrossed Substitute Senate Bill No. 5974 (transportation resources) to implement this subsection and must work to meet benchmarks established in Engrossed Substitute Senate Bill No. 5974 (transportation resources).
(172) $75,000,000 of the coronavirus state fiscal recovery fundfederal appropriation is provided solely for grants to increase solar deployment and installation of battery storage in community buildings to enhance grid resiliency and provide backup power for critical needs, such as plug load and refrigeration for medication, during outages. Eligible uses of the amounts provided in this subsection include, but are not limited to, planning and predevelopment work with vulnerable, highly impacted, and rural communities. For the purposes of this subsection "community buildings" means K-12 schools, community colleges, community centers, recreation centers, libraries, tribal buildings, government buildings, and other publicly owned infrastructure.
(173) $20,000,000 of the coronavirus state fiscal recovery fundfederal appropriation is provided solely for a grant program to provide solar and battery storage community solar projects for public assistance organizations serving low-income communities.
(a) Grants are not to exceed $20,000 per community solar project and are not to exceed 100 percent of the cost of the project, taking into account any federal tax credits or other federal or nonfederal grants or incentives that the program is benefiting from.
(b) Priority must be given to projects sited on "preferred sites" such as rooftops, structures, existing impervious surfaces, landfills, brownfields, previously developed sites, irrigation canals and ponds, stormwater collection ponds, industrial areas, dual-use solar projects that ensure ongoing agricultural operations, and other sites that do not displace critical habitat or productive farmland.
(c) For the purposes of this subsection "low-income" has the same meaning as provided in RCW 19.405.020 and "community solar project" means a solar energy system that: Has a direct current nameplate capacity that is greater than 12 kilowatts but no greater than 199 kilowatts; and has, at minimum, either two subscribers or one low-income service provider subscriber.
(174) $20,000,000 of the coronavirus state fiscal recovery fundfederal appropriation is provided solely for additional working Washington grants to eligible businesses and nonprofit organizations under subsection (86)(i) of this section.
(175) $200,000 of the general fundstate appropriation for fiscal year 2023 is provided solely for implementation of Engrossed Substitute Senate Bill No. 5758 (condominium conversions). If the bill is not enacted by June 30, 2022, the amount provided in this subsection shall lapse.
(176) $217,000 of the general fundstate appropriation for fiscal year 2023 is provided solely for implementation of Senate Bill No. 5825 (rental and vacant property registration). If the bill is not enacted by June 30, 2022, the amount provided in this subsection shall lapse.
(177) $404,000 of the general fundstate appropriation for fiscal year 2023 is provided solely for implementation of Engrossed Second Substitute Senate Bill No. 5803 (wildfires/electric utilities). If the bill is not enacted by June 30, 2022, the amount provided in this subsection shall lapse.
(178) $87,000 of the general fundstate appropriation for fiscal year 2023 is provided solely for implementation of Substitute Senate Bill No. 5760 (motion picture program). If the bill is not enacted by June 30, 2022, the amount provided in this subsection shall lapse.
(179) $10,759,000 of the general fundstate appropriation for fiscal year 2023 is provided solely for implementation of Substitute Senate Bill No. 5964 (local permit review process) and includes funding for the implementation of a digital permitting process work group. If the bill is not enacted by June 30, 2022, the amount provided in this subsection shall lapse. Of the amount provided in this subsection:
(a) $5,000,000 of the general fundstate appropriation for fiscal year 2023 is provided solely for a consolidated permit review grant program; and
(b) $5,000,000 of the general fundstate appropriation for fiscal year 2023 is provided solely for a grant program for local governments to update their permit review process from paper filing systems to software systems capable of processing digital permit applications, virtual inspections, electronic reviews, and capacity for video storage.
(180) $1,054,000 of the coronavirus state fiscal recovery fundfederal appropriation is provided solely for implementation of Engrossed Substitute Senate Bill No. 5974 (transportation resources). If the bill is not enacted by June 30, 2022, the amount provided in this subsection shall lapse.
(181) $1,191,000 of the dedicated marijuana accountstate appropriation for fiscal year 2023 is provided solely for implementation of Engrossed Second Substitute Senate Bill No. 5796 (cannabis revenue). If the bill is not enacted by June 30, 2022, the amount provided in this subsection shall lapse.
(182) $200,000 of the coronavirus state fiscal recovery fundfederal appropriation is provided solely for a grant to a Tacoma-based automotive museum as businesses assistance to address COVID-19 pandemic impacts to revenues from decreased attendance and loss of other revenue generating opportunities.
(183) $15,729,000 of the general fundstate appropriation for fiscal year 2023 and $11,271,000 of the coronavirus state fiscal recovery fundfederal appropriation are provided solely for the landlord mitigation program created in RCW 43.31.605(1).
(184) $500,000 of the general fundstate appropriation for fiscal year 2023 is provided solely for the developmental disabilities council to partner with racially diverse communities across the state to facilitate the development and implementation of recommendations on ways to reduce barriers and access for individuals with disabilities from immigrant communities, communities of color, and other underserved communities and to build the capacity of the Northstar coalition. No later than June 30, 2023, the developmental disabilities council, in collaboration with the office of equity, interested stakeholders, and intellectually and developmentally disabled individuals and their families, shall prepare a racial equity plan for ongoing policy development within the service delivery system of the developmental disabilities administration.
(185) $3,000,000 of the general fundstate appropriation for fiscal year 2023 is provided solely for housing assistance for victims of human trafficking. The department must allocate funding through contracts with service providers that have current contracts with the office of crime victims advocacy to provide services for victims of human trafficking. A provider must use at least 80 percent of contracted funds for rental payments to landlords and the remainder for other program operation costs, including services addressing barriers to acquiring housing that are common for victims of human trafficking.
(186) $63,000 of the general fundstate appropriation for fiscal year 2023 is provided solely for implementation of Engrossed Substitute Senate Bill No. 5544 (blockchain work group).
(187)(a) $750,000 of the general fundstate appropriation for fiscal year 2023 is provided solely for the department to develop strategies for cooperation with governmental agencies of Finland, including higher education institutions, and organizations around the following:
(i) 5G connectivity, end-user applications utilizing new connectivity, and 6G;
(ii) Safety, efficiency, and green transformation of ports and other logistics including digitalization and connectivity; and
(iii) Green transformation of transport, including circular economy solutions for batteries.
(b) By June 30, 2023, the department must provide a report on the use of funds in this subsection, any key metrics and deliverables, and any recommendations for further opportunities for collaboration.
(188) $3,335,000 of the general fundstate appropriation for fiscal year 2022 and $2,223,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for grants to counties to stabilize newly arriving refugees from the 2022 Ukraine-Russia conflict.
Sec. 128. 2021 c 334 s 130 (uncodified) is amended to read as follows:
FOR THE ECONOMIC AND REVENUE FORECAST COUNCIL
General FundState Appropriation (FY 2022)
. . . .
(($903,000))
     
$907,000
General FundState Appropriation (FY 2023)
. . . .
(($964,000))
     
$998,000
Lottery Administrative AccountState Appropriation
. . . .
$50,000
TOTAL APPROPRIATION
. . . .
(($1,917,000))
     
$1,955,000
Sec. 129. 2021 c 334 s 131 (uncodified) is amended to read as follows:
FOR THE OFFICE OF FINANCIAL MANAGEMENT
General FundState Appropriation (FY 2022)
. . . .
(($16,022,000))
     
$15,934,000
General FundState Appropriation (FY 2023)
. . . .
(($15,819,000))
     
$20,180,000
General FundFederal Appropriation
. . . .
(($32,507,000))
     
$33,470,000
General FundPrivate/Local Appropriation
. . . .
$531,000
Economic Development Strategic Reserve AccountState
Appropriation
. . . .
(($329,000))
     
$333,000
Workforce Education Investment AccountState
Appropriation
. . . .
$100,000
Personnel Service AccountState Appropriation
. . . .
(($23,431,000))
     
$18,058,000
Higher Education Personnel Services AccountState
Appropriation
. . . .
$1,497,000
Statewide Information Technology System
Development ((Maintenance and Operations))
Revolving AccountState Appropriation
. . . .
(($102,037,000))
     
$97,509,000
Office of Financial Management Central Service
AccountState Appropriation
. . . .
(($21,945,000))
     
$22,958,000
Statewide Information Technology System Maintenance
and Operations Revolving AccountState
Appropriation
. . . .
$4,609,000
Performance Audits of Government AccountState
Appropriation
. . . .
(($672,000))
     
$695,000
Coronavirus State Fiscal Recovery FundFederal
Appropriation
. . . .
(($1,560,000))
     
$1,607,000
Thurston County Capital Facilities AccountState
Appropriation
. . . .
$208,000
TOTAL APPROPRIATION
. . . .
(($216,450,000))
     
$217,689,000
The appropriations in this section are subject to the following conditions and limitations:
(1)(a) The student achievement council and all institutions of higher education as defined in RCW 28B.92.030 and eligible for state financial aid programs under chapters 28B.92 and 28B.118 RCW shall ensure that data needed to analyze and evaluate the effectiveness of state financial aid programs are promptly transmitted to the education data center so that it is available and easily accessible. The data to be reported must include but not be limited to:
(i) The number of Washington college grant and college bound recipients;
(ii) Persistence and completion rates of Washington college grant recipients and college bound recipients, disaggregated by institution of higher education;
(iii) Washington college grant recipients grade point averages; and
(iv) Washington college grant and college bound scholarship program costs.
(b) The student achievement council shall submit student unit record data for state financial aid program applicants and recipients to the education data center.
(2) $100,000 of the workforce education investment accountstate appropriation is provided solely to the office of financial management to implement career connected learning.
(3)(a) (($102,037,000))$97,428,000 of the information technology system development revolving accountstate appropriation, $4,609,000 of the information technology system maintenance and operations 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) $7,756,000 of the information technology system development revolving accountstate appropriation is provided solely for an organizational change management pool to pay for phase 1A (agency financial reporting system replacementcore financials) state agency organizational change management resources. The office of financial management will manage the pool, authorize funds, and track costs by agency by fiscal month;
(ii) $22,000,000 of the information technology system development revolving accountstate appropriation is provided solely for a technology pool to pay for phase 1A (agency financial reporting system replacementcore financials) state agency costs due to work associated with impacted financial systems and interfaces. The office of financial management will manage the pool, authorize funds, and track costs by agency by fiscal month;
(iii) $1,326,000 of the information technology system development revolving accountstate appropriation is provided solely for three dedicated information technology consultant staff to be contracted from the office of the chief information officer. These staff will work with state agencies to ensure preparation and timely decommission of information technology systems that will no longer be necessary post implementation of phase 1A (agency financial reporting system replacementcore financials);
(iv) $4,609,000 of the information technology system ((development))maintenance and operations revolving accountstate appropriation is provided solely for maintenance and operations costs for phase 1A (agency financial reporting system replacement—core financials), which will begin in fiscal year 2023;
(v) $9,153,000 of the information technology system development revolving accountstate appropriation is provided solely for phase 1B (procurement and extended financials) in fiscal year ((2022))2023;
(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))$6,741,000 of the personnel service account—state appropriation is provided solely for administration of orca pass benefits included in the 2021-2023 collective bargaining agreements and provided to nonrepresented employees. The office of financial management must bill each agency for that agency's proportionate share of the cost of orca passes. The payment from each agency must be deposited into the personnel service account and used to purchase orca passes. The office of financial management may consult with the Washington state department of transportation in the administration of these benefits.
(6) Within existing resources, the labor relations section shall produce a report annually on workforce data and trends for the previous fiscal year. At a minimum, the report must include a workforce profile; information on employee compensation, including salaries and cost of overtime; and information on retention, including average length of service and workforce turnover.
(7)(a) The office of financial management statewide leased facilities oversight team must identify opportunities to reduce statewide leased facility space given the change in business practices since 2020 whereby many state employees were mostly working remotely and may continue to do so going forward, or at least more state employees are anticipated to work remotely than in calendar year 2019.
(b) The office of financial management will work to identify opportunities for downsizing office space and increased collocation by state agencies, especially for any leases that will be up for renewal effective July 1, 2022, through June 30, 2024.
(c) The office of financial management must, in collaboration with the department of enterprise services, identify and make recommendations on reduction in leased office space by agency for fiscal years 2024 and 2025. The analysis must include detailed information on any reduced costs, such as lease contract costs, and include at least:
(i) Agency name;
(ii) Lease contract number and term (start and end date);
(iii) Contract amount by fiscal year; and
(iv) Current and future projected collocated agency tenants.
(d) The office of financial management must submit a report responsive to (a), (b), and (c) of this subsection to fiscal and appropriate policy committees of the legislature by June 30, 2022.
(8) $105,000 of the general fundstate appropriation for fiscal year 2022 and $68,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for implementation of Engrossed Second Substitute Senate Bill No. 5163 (conditionally released sexually violent predators). ((If the bill is not enacted by June 30, 2021, the amounts provided in this subsection shall lapse.))
(9) $79,000 of the general fundstate appropriation for fiscal year 2022 and $79,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for staffing for the sentencing guidelines commission.
(10) (($90,000 of the general fundstate appropriation for fiscal year 2022 and $166,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for the office of financial management to complete the following activities:
(a) By December 1, 2022, and consistent with RCW 43.01.036, the office of financial management must submit a report to the legislature that assesses how to incorporate a net ecological gain standard into state land use, development, and environmental laws and rules to achieve a goal of better statewide performance on endangered species recovery and ecological health. The report must address each environmental, development, or land use law or rule where the existing standard is less protective of ecological integrity than the standard of net ecological gain, including the shoreline management act (chapter 90.58 RCW), the growth management act (chapter 36.70A RCW), construction projects in state waters (chapter 77.55 RCW), and the model toxics control act.
(b) In developing the report under this section, the office of financial management must consult with the appropriate local governments, state agencies, federally recognized Indian tribes, and stakeholders with subject matter expertise on environmental, land use, and development laws including but not limited to cities, counties, ports, the department of ecology, the department of fish and wildlife, and the department of commerce.
(c) The report must include:
(i) Development of a definition, objectives, and goals for the standard of net ecological gain;
(ii) An assessment and comparison analysis of opportunities and challenges, including legal issues and costs on state and local governments to achievement of overall net ecological gain through both:
(A) Implementation of a standard of net ecological gain under different environmental, development, and land use laws; and
(B) An enhanced approach to implementing and monitoring no net loss in existing environmental, development, and land use laws;
(iii) Recommendations on funding, incentives, technical assistance, legal issues, monitoring, and use of scientific data, and other applicable considerations to the integration of net ecological gain into each environmental, development, and land use law or rule; and
(iv) An assessment of how applying a standard of net ecological gain in the context of each environmental, land use, or development law is likely to achieve substantial additional environmental or social co-benefits.
(11) $158,000))$45,000 of the general fundstate appropriation for fiscal year 2022 ((is))and $113,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for the work of the office of financial management to conduct a feasibility study and make recommendations regarding the establishment of a system for streamlining the vacation of criminal conviction records in section 953 of this act.
(((12)))(11)(a) $150,000 of the general fundstate appropriation for fiscal year 2022 is provided solely for the office of financial management to provide recommendations, as described in (b) of this subsection, on the procedure for providing an equity impact statement for legislative proposals, and content and format requirements for the equity impact statement.
(b) By July 1, 2022, the office of financial management must submit a report to the governor, appropriate committees of the legislature, and statutory commissions that details recommendations on:
(i) The procedure for providing an equity impact statement for legislative proposals;
(ii) The format and content requirements for the equity impact statement;
(iii) A plan, including information technology additions or revisions, necessary to provide equity impact statements;
(iv) Recommendations on which office or agency should be principally responsible for coordinating the provision of equity impact statements with state agencies; and
(v) Recommendations on any policy changes needed to implement the provision of equity impact statements.
(c) For the purpose of implementing this subsection, the office of financial management may contract with an entity or entities that have expertise in equity impact assessments.
(d) The office of financial management must consult with the governor's interagency council on health disparities and the office of equity in developing the procedures, and content and format requirements.
(e) For purposes of this subsection, "statutory commission" means the Washington state commission on African American affairs established in chapter 43.113 RCW, the Washington state commission on Asian Pacific American affairs established in chapter 43.117 RCW, the Washington state commission on Hispanic affairs established in chapter 43.115 RCW, the Washington state women's commission established in chapter 43.119 RCW, the Washington state LGBTQ commission established in chapter 43.114 RCW, and the human rights commission established in chapter 49.60 RCW.
(((13)))(12) $785,000 of the general fundstate appropriation for fiscal year 2022 and $960,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for implementation of Engrossed Substitute House Bill No. 1267 (police use of force). ((If the bill is not enacted by June 30, 2021, the amounts provided in this subsection shall lapse.
(14)))(13) $172,000 of the general fundstate appropriation for fiscal year 2022 and $167,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for implementation of Engrossed Second Substitute House Bill No. 1295 (institutional ed./release). ((If the bill is not enacted by June 30, 2021, the amounts provided in this subsection shall lapse.
(15) $300,000))(14) $150,000 of the general fundstate appropriation for fiscal year 2022 and (($300,000))$450,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for the office of financial management to assist the health care authority, the department of social and health services, and the department of health in coordinating efforts to transform the behavioral health system and improve the collection and availability of data. Within these amounts, the office must provide direction and ensure coordination between state agencies in the forecasting of forensic and long-term civil commitment beds, transition of civil long-term inpatient capacity from state hospital to community settings, and efforts to improve the behavioral health crisis response system. Sufficient funding within this section is provided for the staff support and other costs related to the crisis response improvement strategy committee established in section 104 of Engrossed Second Substitute House Bill No. 1477 (national 988 system).
(15) $40,000 of the general fundstate appropriation for fiscal year 2023 is provided solely for the office of financial management to review and report on vendor rates for services provided to low-income individuals at the department of children, youth, and families, the department of corrections, and the department of social and health services. The report must be submitted to the governor and the appropriate committees of the legislature by December 1, 2022, and must include review of, at least:
(a) The current rates for services by vendor;
(b) A history of increases to the rates since fiscal year 2010 by vendor;
(c) A comparison of how the vendor increases and rates compare to inflation; and
(d) A summary of the billing methodology for the vendor rates.
(16) $72,000 of the general fundstate appropriation for fiscal year 2023 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, 2022, the amount provided in this subsection shall lapse.
(17) $193,000 of the general fundstate appropriation for fiscal year 2023 is provided solely for implementation of Engrossed Substitute Senate Bill No. 5847 (public employee PSLF info.). If the bill is not enacted by June 30, 2022, the amount provided in this subsection shall lapse.
(18) $20,000 of the general fundstate appropriation for fiscal year 2023 is provided solely for the office of financial management to conduct a comprehensive study on student access to health care, including behavioral health care, at Washington's public institutions of higher education. The comprehensive study must also include students enrolled in state registered apprenticeship programs. The study must be conducted in collaboration with the health benefit exchange, the health care authority, the state board for community and technical colleges, the council of presidents, and the student achievement council.
(a) The community and technical colleges and the four-year institutions of higher education will make the following data for the 2022-23 academic year available to the office of financial management, the state board of community and technical colleges, and the student achievement council:
(i) The health insurance status of enrolled students;
(ii) The minimum requirements for enrolled students related to health insurance coverage;
(iii) Health insurance or health care coverage options available from the school;
(iv) A description of health care services and facilities available on campus for students, including type of providers, and ways students can access these services;
(v) Out-of-pocket costs associated with accessing or using on-campus health care services and facilities;
(vi) Student demographic information regarding utilization of on-campus health care services and facilities;
(vii) Barriers to accessing on-campus health care services and facilities;
(viii) How the college or university helps students obtain health care services not offered on campus; and
(ix) Information related to partnerships with off-campus health care providers or facilities to provide services to currently enrolled students.
(b) The office of financial management shall make reasonable efforts to provide the following information:
(i) The health insurance status of students enrolled in the 2022-23 academic year;
(ii) The minimum level of health insurance coverage, if any, community and technical colleges and four-year institutions of higher education require for students;
(iii) The types of health insurance schools provide for enrolled students;
(iv) The types of health care services available on campus, including primary care and specialty care, such as emergency services and behavioral health care resources;
(v) A description of health care services available in the communities around campuses, including emergency services and behavioral health providers;
(vi) Data collection gaps that exist related to student health insurance coverage and utilization of health care resources;
(vii) On-campus primary care and specialty care services that are common on school campuses; and
(viii) Other important information in addressing health insurance access and care for students at public institutions of higher education, including issues around equity.
(c) The legislature expects the office of financial management to submit a report to the appropriate health and education committees of the legislature. The final report must include a summary of the data reviewed by the office, including information specific to each type of campus and school, when available, and recommendations for the legislature and public institutions of higher education for improving student health care coverage and access to health care services, including for students enrolled in state registered apprenticeship programs.
(19) $200,000 of the general fundstate appropriation for fiscal year 2023 is provided solely for implementation of Second Substitute Senate Bill No. 5649 (family and medical leave). If the bill is not enacted by June 30, 2022, the amount provided in this subsection shall lapse.
(20)(a) $25,000 of the general fundstate appropriation for fiscal year 2022 and $201,000 of the general fundstate appropriation for fiscal year 2023 are provided solely to evaluate the effectiveness, utilization, and outcomes of the voluntary incentive programs for landowners and of existing regulatory programs responsible for protecting and restoring areas along streams and rivers toward achieving a science-based standard for a fully functioning riparian ecosystem. To accomplish the evaluation, the office must:
(i) Contract with an independent entity for the analysis. The contract is exempt from the competitive procurement requirements in chapter 39.26 RCW; and
(ii) Assist agencies with funding and advice to gather and provide the data necessary for the analysis.
(b) A preliminary report is due to the governor and the appropriate committees of the legislature by September 1, 2022, to inform the development of recommendations to be contained in a final report due by December 1, 2022.
Sec. 130. 2021 c 334 s 132 (uncodified) is amended to read as follows:
FOR THE OFFICE OF ADMINISTRATIVE HEARINGS
Administrative Hearings Revolving AccountState
Appropriation
. . . .
(($71,650,000))
     
$73,438,000
Administrative Hearings Revolving AccountLocal
Appropriation
. . . .
$12,000
TOTAL APPROPRIATION
. . . .
(($71,662,000))
     
$73,450,000
The appropriations in this section are subject to the following conditions and limitations:
(1) $22,346,000 of the administrative hearings revolving accountstate appropriation is provided solely for staffing to resolve unemployment insurance appeals. The funding is provided to meet the temporary increase in unemployment insurance hearing appeals, which began in fiscal year 2021, and to reduce the appeal to resolution wait time.
(2) $154,000 of the administrative hearings revolving accountstate appropriation is provided solely for implementation of Engrossed Second Substitute Senate Bill No. 5051 (peace & corrections officers). ((If the bill is not enacted by June 30, 2021, the amount provided in this subsection shall lapse.))
(3) $86,000 of the administrative hearings revolving accountstate appropriation is provided solely for implementation of chapter 2, Laws of 2021 (Engrossed Substitute Senate Bill No. 5061) (unemployment insurance). ((If the bill is not enacted by June 30, 2021, the amount provided in this subsection shall lapse.))
(4) $12,000 of the administrative hearings revolving accountstate appropriation is provided solely for implementation of Engrossed Substitute Senate Bill No. 5097 (paid leave coverage). ((If the bill is not enacted by June 30, 2021, the amount provided in this subsection shall lapse.))
(5) $150,000 of the administrative hearings revolving accountstate appropriation is provided solely for implementation of Engrossed Substitute Senate Bill No. 5172 (agricultural overtime). ((If the bill is not enacted by June 30, 2021, the amount provided in this subsection shall lapse.))
(6) $161,000 of the administrative hearings revolving accountstate appropriation is provided solely for implementation of Engrossed Second Substitute Senate Bill No. 5237 (child care and early development programs). ((If the bill is not enacted by June 30, 2021, the amount provided in this subsection shall lapse.))
(7) $19,000 of the administrative hearings revolving accountstate appropriation is provided solely for implementation of Engrossed Second Substitute House Bill No. 1073 (paid leave coverage). ((If the bill is not enacted by June 30, 2021, the amount provided in this subsection shall lapse.))
Sec. 131. 2021 c 334 s 133 (uncodified) is amended to read as follows:
FOR THE WASHINGTON STATE LOTTERY
Lottery Administrative AccountState Appropriation
. . . .
(($29,759,000))
     
$30,526,000
TOTAL APPROPRIATION
. . . .
(($29,759,000))
     
$30,526,000
The appropriation in this section is subject to the following conditions and limitations:
(1) No portion of this appropriation may be used for acquisition of gaming system capabilities that violate state law.
(2) Pursuant to RCW 67.70.040, the commission shall take such action necessary to reduce retail commissions to an average of 5.1 percent of sales.
Sec. 132. 2021 c 334 s 134 (uncodified) is amended to read as follows:
FOR THE COMMISSION ON HISPANIC AFFAIRS
General FundState Appropriation (FY 2022)
. . . .
(($443,000))
     
$498,000
General FundState Appropriation (FY 2023)
. . . .
(($464,000))
     
$530,000
TOTAL APPROPRIATION
. . . .
(($907,000))
     
$1,028,000
Sec. 133. 2021 c 334 s 135 (uncodified) is amended to read as follows:
FOR THE COMMISSION ON AFRICAN-AMERICAN AFFAIRS
General FundState Appropriation (FY 2022)
. . . .
(($421,000))
     
$425,000
General FundState Appropriation (FY 2023)
. . . .
(($431,000))
     
$1,245,000
TOTAL APPROPRIATION
. . . .
(($852,000))
     
$1,670,000
The appropriations in this section are subject to the following conditions and limitations: $800,000 of the general fundstate appropriation for fiscal year 2023 is provided solely for the commission to contract with an organization for a three year project to collect and report data on the condition of black Washington residents across institutional systems and experiences, including education, healthcare, criminal justice, the workplace, and personal finance; create a dashboard displaying the data; and provide recommendations.
Sec. 134. 2021 c 334 s 136 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF RETIREMENT SYSTEMSOPERATIONS
General FundState Appropriation (FY 2023)
. . . .
$609,000
Department of Retirement Systems Expense Account
State Appropriation
. . . .
(($71,462,000))
     
$74,200,000
TOTAL APPROPRIATION
. . . .
(($71,462,000))
     
$74,809,000
The appropriation in this section is subject to the following conditions and limitations:
(1) $6,007,000 of the department of retirement systems expense accountstate appropriation is provided solely for pension system modernization, and is subject to the conditions, limitations, and review requirements of section 701 of this act.
(2) $619,000 of the department of retirement systems expense accountstate appropriation is provided solely for implementation of Senate Bill No. 5367 (inactive retirement accounts). ((If the bill is not enacted by June 30, 2021, the amount provided in this subsection shall lapse.))
(3) $7,000 of the department of retirement systems expense accountstate appropriation is provided solely for implementation of Engrossed Second Substitute Senate Bill No. 5399 (universal health care commission). ((If the bill is not enacted by June 30, 2021, the amount provided in this subsection shall lapse.))
(4) $286,000 of the department of retirement systemsstate appropriation is provided solely for implementation of Senate Bill No. 5021 (effects of expenditure reduction). ((If the bill is not enacted by June 30, 2021, the amount provided in this subsection shall lapse.))
(5) $48,000 of the department of retirement systems expense accountstate appropriation is provided solely for implementation of Senate Bill No. 5676 (plan 1 retiree benefit increase). If the bill is not enacted by June 30, 2022, the amount provided in this subsection shall lapse.
(6) $24,000 of the department of retirement systems expense accountstate appropriation is provided solely for implementation of Senate Bill No. 5726 (military service credit). If the bill is not enacted by June 30, 2022, the amount provided in this subsection shall lapse.
(7) $82,000 of the department of retirement systems expense accountstate appropriation is provided solely for implementation of Senate Bill No. 5748 (PSERS disability benefits). If the bill is not enacted by June 30, 2022, the amount provided in this subsection shall lapse.
(8) $252,000 of the department of retirement systems expense accountstate appropriation is provided solely for implementation of Substitute Senate Bill No. 5652 (LEOFF 2 benefits). If the bill is not enacted by June 30, 2022, the amount provided in this subsection shall lapse.
(9) $118,000 of the department of retirement systems expense accountstate appropriation is provided solely for implementation of Substitute Senate Bill No. 5791 (LEOFF 1 benefits). If the bill is not enacted by June 30, 2022, the amount provided in this subsection shall lapse.
Sec. 135. 2021 c 334 s 137 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF REVENUE
General FundState Appropriation (FY 2022)
. . . .
(($167,182,000))
     
$172,370,000
General FundState Appropriation (FY 2023)
. . . .
(($411,796,000))
     
$385,210,000
Timber Tax Distribution AccountState Appropriation
. . . .
(($7,314,000))
     
$7,612,000
Business License AccountState Appropriation
. . . .
(($20,335,000))
     
$21,063,000
Waste Reduction, Recycling, and Litter Control
AccountState Appropriation
. . . .
(($162,000))
     
$173,000
Model Toxics Control Operating AccountState
Appropriation
. . . .
(($118,000))
     
$119,000
Financial Services Regulation AccountState
Appropriation
. . . .
$5,000,000
TOTAL APPROPRIATION
. . . .
(($611,907,000))
     
$591,547,000
The appropriations in this section are subject to the following conditions and limitations:
(1) $1,056,000 of the general fundstate appropriation for fiscal year 2022 and $409,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for the department to implement 2021 revenue legislation.
(2)(a) $1,303,000 of the general fundstate appropriation for fiscal year 2022 and $1,000,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for the department to facilitate a tax structure work group, initially created within chapter 1, Laws of 2017 3rd sp. sess. (SSB 5883) and hereby reauthorized.
(b)(i) Members serving on the tax structure work group as of the effective date of this section may continue serving on the work group. Any member not wishing to continue serving on the tax structure work group must provide written notice to the work group and the vacancy must be filled as provided in (c) of this subsection.
(ii) The work group must include the following voting members:
(A) The president of the senate must appoint two members from each of the two largest caucuses of the senate;
(B) The speaker of the house of representatives must appoint two members from each of the two largest caucuses of the house of representatives; and
(C) The governor must appoint one member who represents the office of the governor.
(iii) The work group must include the following nonvoting members:
(A) One representative of the department of revenue;
(B) One representative of the association of Washington cities; and
(C) One representative of the Washington state association of counties.
(c) Elected officials not reelected to their respective offices may be relieved of their responsibilities on the tax structure work group. Vacancies on the tax structure work group must be filled within 60 days of notice of the vacancy. The work group must choose a chair or cochairs from among its legislative membership. The chair is, or cochairs are, responsible for convening the meetings of the work group no less than quarterly each year. Recommendations of the work group may be approved by a simple majority vote. All work group members may have a representative attend meetings of the tax structure work group in lieu of the member, but voting by proxy is not permitted. Staff support for the work group must be provided by the department. The department may engage one or more outside consultants to assist in providing support for the work group. Members of the work group must serve without compensation but may be reimbursed for travel expenses under RCW 44.04.120, 43.03.050, and 43.03.060.
(d) The duties of the work group are to:
(i) By December 1, 2019, convene no less than one meeting to elect a chair, or cochairs, and conduct other business of the work group;
(ii) By December 31, 2020, the department and technical advisory group must prepare a summary report of their preliminary findings and alternatives described in (f) of this subsection;
(iii) By May 31, 2021, the work group must:
(A) Hold no less than one meeting in Olympia or virtually to review the preliminary findings described in (f) of this subsection. At least one meeting must engage stakeholder groups, as described in (e)(i) of this subsection;
(B) Begin to plan strategies to engage taxpayers and key stakeholder groups to encourage participation in the public meetings described in (f) of this subsection;
(C) Present the summary report described in (d)(ii) of this subsection in compliance with RCW 43.01.036 to the appropriate committees of the legislature;
(D) Be available to deliver a presentation to the appropriate committees of the legislature including the elements described in (e)(ii) of this subsection; and
(E) Finalize the logistics of the engagement strategies described in (d)(iv) of this subsection;
(iv) After the conclusion of the 2021 legislative session, the work group must:
(A) Hold no less than five public meetings organized by geographic region (in person or online) with special consideration for regional geographies throughout the state, rural areas, and border communities;
(B) Participate in no less than 10 existing meetings of various associations, community-based organizations, nonprofits, and similar groups in order to engage low-income and middle-income taxpayers, communities of color, senior citizens, and people with disabilities;
(C) Participate in no less than 10 existing meetings of various business and agricultural associations, chambers of commerce, ports, associate development organizations, and similar groups in order to engage small, start-up, and low-margin businesses, and other businesses;
(D) Hold no less than three listening sessions in a language other than English to engage taxpayers who speak languages including, but not limited to, Spanish, Vietnamese, Russian, and Somali;
(E) Present the findings described in (f) of this subsection and alternatives to the state's current tax structure at the public meetings utilizing a range of methods that account for different learning styles including, but not limited to, written documents, videos, animations, and graphics;
(F) Provide an opportunity at the public and other meetings for taxpayers to engage in a conversation about the state tax structure including, but not limited to, providing feedback on possible recommendations for changes to the state tax structure and asking questions about the report and findings and alternatives to the state's current tax structure presented by the work group;
(G) Utilize methods to collect taxpayer feedback before, during, or after the public meetings that may include, but is not limited to: Small group discussions, in-person written surveys, in-person visual surveys, online surveys, written testimony, and public testimony;
(H) Encourage legislators to inform their constituents about the public meetings that occur within and near their legislative districts (whether in person or online);
(I) Inform local elected officials about the public meetings that occur within and near their communities (whether in person or online);
(J) Summarize the feedback that taxpayers and other stakeholders communicated during the public meetings and other public engagement methods, and submit a final summary report, in accordance with RCW 43.01.036, to the appropriate committees of the legislature. This report may be submitted as an appendix or update to the summary report described in (d)(ii) of this subsection; and
(K) To the degree it is practicable, conduct analysis of the current tax structure and proposed alternatives to estimate the impact on taxpayers, including tax paid as a share of household income for various racial and ethnic groups as reported in the most current census data available, American community survey, or other similar data sources;
(v) During the 2022 legislative session, the work group must:
(A) Present the findings and reports described in (d)(ii) of this subsection to the appropriate committees of the legislature; and
(B) Be available to deliver a presentation to or participate in a work session for the appropriate committees of the legislature, or both;
(vi) Between the conclusion of the 2022 legislative session and December 31, 2022, the work group is directed to finalize policy recommendations and develop legislation to implement modifications to the tax structure, informed by the findings described in (d)(ii) of this subsection and the feedback received from taxpayers as reflected in the report described in (d)(iv) of this subsection. Legislative proposals recommended by the work group may not collectively result in a loss of revenue to the state as compared to the November 2022 biennial revenue forecast published by the economic and revenue forecast council. In making the recommendations, the work group must be guided by the following principles for a well designed tax system: Equity, adequacy, stability, and transparency;
(vii) During the 2023 legislative session, it is the intent of the legislature to consider the proposal described in (d)(vi) of this subsection;
(viii) If the proposal is not adopted during the 2023 legislative session, the work group is directed to host no less than three public meetings to collect feedback on the legislation proposed in the 2023 session, and may also collect feedback on other proposals under consideration by the work group, subject to the availability of funds in the 2023-2025 biennial budget. The work group is directed to modify the proposal to address the feedback collected during the public meetings;
(ix) During the 2024 legislative session, it is the intent of the legislature to consider the modified proposal described in (d)(iv) of this subsection; and
(x) By December 31, 2024, subject to the availability of funds in the 2023-2025 biennial budget, the work group is directed to submit a final report that is a compilation of all other reports previously submitted since July 1, 2019, and may include additional content to summarize final activities of the tax structure work group and related legislation, in compliance with RCW 43.01.036, to the appropriate committees of the legislature.
(e)(i) The stakeholder groups referenced by (d)(iii)(A) of this subsection must include, at a minimum, organizations and individuals representing the following:
(A) Small, start-up, or low-margin business owners and employees or associations expressly dedicated to representing these businesses, or both; and
(B) Individual taxpayers with income at or below 100 percent of area median income in their county of residence or organizations expressly dedicated to representing low-income and middle-income taxpayers, or both;
(ii) The presentation referenced in (d)(iii)(D) of this subsection must include the following elements:
(A) The findings and alternatives included in the summary report described in (d)(ii) of this subsection; and
(B) The preliminary plan to engage taxpayers directly in a robust conversation about the state's tax structure, including presenting the findings described in (f) of this subsection and alternatives to the state's current tax structure, and collecting feedback to inform development of recommendations.
(f) The duties of the department, with assistance of one or more technical advisory groups, are to:
(i) With respect to the final report of findings and alternatives submitted by the Washington state tax structure study committee to the legislature under section 138, chapter 7, Laws of 2001 2nd sp. sess.:
(A) Update the data and research that informed the recommendations and other analysis contained in the final report;
(B) Estimate how much revenue all the revenue replacement alternatives recommended in the final report would have generated for the 2017-2019 fiscal biennium if the state had implemented the alternatives on January 1, 2003;
(C) Estimate the tax rates necessary to implement all recommended revenue replacement alternatives in order to achieve the revenues generated during the 2017-2019 fiscal biennium as reported by the economic and revenue forecast council;
(D) Estimate the impact on taxpayers, including tax paid as a share of household income for various income levels, and tax paid as a share of total business revenue for various business activities, for (f)(i)(B) and (C) of this subsection; and
(E) Estimate how much revenue would have been generated in the 2017-2019 fiscal biennium if the incremental revenue alternatives recommended in the final report would have been implemented on January 1, 2003, excluding any recommendations implemented before May 21, 2019;
(ii) With respect to the recommendations in the final report of the 2018 tax structure work group:
(A) Conduct economic modeling or comparable analysis of replacing the business and occupation tax with an alternative, such as corporate income tax or margins tax, and estimate the impact on taxpayers, such as tax paid as a share of total business revenue for various business activities, assuming the same revenues generated by business and occupation taxes during the 2017-2019 fiscal biennium as reported by the economic and revenue forecast council; and
(B) Estimate how much revenue would have been generated for the 2017-2019 fiscal biennium if the one percent revenue growth limit on regular property taxes was replaced with a limit based on population growth and inflation if the state had implemented this policy on January 1, 2003;
(iii) Analyze our economic competitiveness with border states:
(A) Estimate the revenues that would have been generated during the 2017-2019 fiscal biennium, had Washington adopted the tax structure of those states, assuming the economic tax base for the 2017-2019 fiscal biennium as reported by the economic and revenue forecast council; and
(B) Estimate the impact on taxpayers, including tax paid as a share of household income for various income levels, and tax paid as a share of total business revenue for various business activities for (f)(iii)(A) of this subsection;
(iv) Analyze our economic competitiveness in the context of a national and global economy, provide comparisons of the effective state and local tax rate of the tax structure during the 2017-2019 fiscal biennium and various alternatives under consideration, as they compare to other states and the federal government, as well as consider implications of recent changes to federal tax law;
(v) Conduct, to the degree it is practicable, tax incidence analysis of the various alternatives under consideration to account for the impacts of tax shifting, such as business taxes passed along to consumers and property taxes passed along to renters;
(vi) Present findings and alternatives, to the degree it is practicable, by geographic area, in addition to statewide; and
(vii) Conduct other analysis as directed by the work group.
(3) $292,000 of the general fundstate appropriation for fiscal year 2022 and $162,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for the implementation of chapter 4, Laws of 2021 (SHB 1095) (emergency assistance/tax).
(4) $212,000 of the general fundstate appropriation for fiscal year 2022 and $33,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for implementation of Engrossed Second Substitute House Bill No. 1477 (national 988 system). ((If the bill is not enacted by June 30, 2021, the amounts provided in this subsection shall lapse.))
(5) $213,000 of the general fundstate appropriation for fiscal year 2022 and $55,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for the implementation of Second Substitute Senate Bill No. 5000 (hydrogen/electric vehicles). ((If the bill is not enacted by June 30, 2021, the amounts provided in this subsection shall lapse.))
(6) $2,489,000 of the general fundstate appropriation for fiscal year 2022 and $4,189,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for the implementation of Engrossed Substitute Senate Bill No. 5096 (capital gains tax). ((If the bill is not enacted by June 30, 2021, the amounts provided in this subsection shall lapse.))
(7) $100,000 of the general fundstate appropriation for fiscal year 2022 and $11,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for the implementation of Engrossed Senate Bill No. 5220 (salmon recovery grants/tax). ((If the bill is not enacted by June 30, 2021, the amounts provided in this subsection shall lapse.))
(8) $7,000 of the general fundstate appropriation for fiscal year 2022 is provided solely for the implementation of Engrossed Substitute Senate Bill No. 5251 (tax and revenue laws). ((If the bill is not enacted by June 30, 2021, the amount provided in this subsection shall lapse.))
(9) $115,000 of the general fundstate appropriation for fiscal year 2022 and $44,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for the implementation of Second Substitute Senate Bill No. 5396 (farmworker housing/tax). ((If the bill is not enacted by June 30, 2021, the amounts provided in this subsection shall lapse.))
(10) $97,000 of the general fundstate appropriation for fiscal year 2022 is provided solely for implementation of Engrossed Second Substitute House Bill No. 1480 (liquor licensee privileges). ((If the bill is not enacted by June 30, 2021, the amount provided in this subsection shall lapse.))
(11) $4,000 of the general fundstate appropriation for fiscal year 2022 is provided solely for the implementation of Engrossed Senate Bill No. 5454 (prop. tax/natural disasters). ((If the bill is not enacted by June 30, 2021, the amount provided in this subsection shall lapse.))
(12) $5,467,000 of the general fundstate appropriation for fiscal year 2022 and $255,513,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for implementation of Engrossed Substitute House Bill No. 1297 (working families tax exempt.). ((If the bill is not enacted by June 30, 2021, the amounts provided in this subsection shall lapse.)) Of the total amounts provided in this subsection:
(a) $5,467,000 of the general fundstate appropriation for fiscal year 2022 and $13,513,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for administration of the working families tax exemption program; and
(b) $242,000,000 of the general fundstate appropriation for fiscal year 2023 is provided solely for remittances under the working families tax exemption program.
(13) $617,000 of the general fundstate appropriation for fiscal year 2023 is provided solely for the agency to relocate staff in the Bothell office to a more affordable location that has a lower lease cost than the current facility.
(14) $13,000 of the general fundstate appropriation for fiscal year 2022 is provided solely for implementation of Senate Bill No. 5598 (derelict vessel removal). If the bill is not enacted by June 30, 2022, the amount provided in this subsection shall lapse.
(15) $197,000 of the general fundstate appropriation for fiscal year 2023 is provided solely for implementation of Senate Bill No. 5924 (penalties and interest provisions). If the bill is not enacted by June 30, 2022, the amount provided in this subsection shall lapse.
(16) $16,000 of the general fundstate appropriation for fiscal year 2023 is provided solely for implementation of House Bill No. 1765 (business and occupation tax exemption). If the bill is not enacted by June 30, 2022, the amount provided in this subsection shall lapse.
(17) $129,000 of the general fundstate appropriation for fiscal year 2022 and $37,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for implementation of Substitute Senate Bill No. 5744 (clean energy tax deferral). If the bill is not enacted by June 30, 2022, the amounts provided in this subsection shall lapse.
(18) $109,000 of the general fundstate appropriation for fiscal year 2022 and $22,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for implementation of Senate Bill No. 5705 (tax deferral for certain highway projects). If the bill is not enacted by June 30, 2022, the amounts provided in this subsection shall lapse.
(19) $512,000 of the general fundstate appropriation for fiscal year 2023 is provided solely for implementation of Engrossed Substitute Senate Bill No. 5531 (uniform unclaimed property). If the bill is not enacted by June 30, 2022, the amount provided in this subsection shall lapse.
(20) $40,000 of the general fund—state appropriation for fiscal year 2022 and $80,000 of the general fund—state appropriation for fiscal year 2023 are provided solely for implementation of Substitute Senate Bill No. 5783 (underground economy). If the bill is not enacted by June 30, 2022, the amounts provided in this subsection shall lapse.
(21) $30,000 of the general fundstate appropriation for fiscal year 2023 is provided solely for implementation of Senate Bill No. 5823 (local infrastructure project area). If the bill is not enacted by June 30, 2022, the amount provided in this subsection shall lapse.
(22) $16,000 of the general fundstate appropriation for fiscal year 2022 and $33,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for implementation of Senate Bill No. 5459 (credit card processing B&O). If the bill is not enacted by June 30, 2022, the amounts provided in this subsection shall lapse.
(23) $123,000 of the general fundstate appropriation for fiscal year 2022 and $52,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for implementation of Substitute Senate Bill No. 5714 (solar canopy tax deferral). If the bill is not enacted by June 30, 2022, the amounts provided in this subsection shall lapse.
(24) $97,000 of the general fundstate appropriation for fiscal year 2022 and $28,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for implementation of Substitute Senate Bill No. 5755 (vacant land redevelopment). If the bill is not enacted by June 30, 2022, the amounts provided in this subsection shall lapse.
(25) $14,000 of the general fundstate appropriation for fiscal year 2023 is provided solely for implementation of Substitute Senate Bill No. 5760 (motion picture competitiveness). If the bill is not enacted by June 30, 2022, the amount provided in this subsection shall lapse.
(26) $36,000 of the general fundstate appropriation for fiscal year 2023 is provided solely for implementation of Engrossed Senate Bill No. 5800 (tax and revenue laws). If the bill is not enacted by June 30, 2022, the amount provided in this subsection shall lapse.
(27) $167,000 of the general fundstate appropriation for fiscal year 2023 is provided solely for implementation of Senate Bill No. 5901 (counties economic development). If the bill is not enacted by June 30, 2022, the amount provided in this subsection shall lapse.
(28) $117,000 of the general fundstate appropriation for fiscal year 2023 is provided solely for implementation of Engrossed Substitute Senate Bill No. 5974 (transportation resources). If the bill is not enacted by June 30, 2022, the amount provided in this subsection shall lapse.
(29) $250,000 of the general fundstate appropriation for fiscal year 2023 is provided solely for implementation of Senate Bill No. 5980 (small business tax relief). If the bill is not enacted by June 30, 2022, the amount provided in this subsection shall lapse.
(30) $70,000 of the general fundstate appropriation for fiscal year 2023 is provided solely for implementation of Senate Bill No. 5309 (diapers sales and use tax exemption). If the bill is not enacted by June 30, 2022, the amount provided in this subsection shall lapse.
Sec. 136. 2021 c 334 s 138 (uncodified) is amended to read as follows:
FOR THE BOARD OF TAX APPEALS
General FundState Appropriation (FY 2022)
. . . .
(($2,631,000))
     
$2,620,000
General FundState Appropriation (FY 2023)
. . . .
(($2,652,000))
     
$2,714,000
TOTAL APPROPRIATION
. . . .
(($5,283,000))
     
$5,334,000
Sec. 137. 2021 c 334 s 139 (uncodified) is amended to read as follows:
FOR THE OFFICE OF MINORITY AND WOMEN'S BUSINESS ENTERPRISES
General FundState Appropriation (FY 2022)
. . . .
(($1,975,000))
     
$1,993,000
General FundState Appropriation (FY 2023)
. . . .
(($1,564,000))
     
$1,741,000
Minority and Women's Business Enterprises Account
State Appropriation
. . . .
(($4,607,000))
     
$4,844,000
TOTAL APPROPRIATION
. . . .
(($8,146,000))
     
$8,578,000
The appropriations in this section are subject to the following conditions and limitations:
(1) The office of minority and women's business enterprises shall consult with the Washington state office of equity on the Washington state toolkit for equity in public spending.
(2) $135,000 of the general fundstate appropriation for fiscal year 2022 is provided solely for the implementation of Senate Bill No. 5032 (alternative public works contracting procedures). ((If the bill is not enacted by June 30, 2021, the amount provided in this subsection shall lapse.))
(3) $851,000 of the general fundstate appropriation for fiscal year 2022 and $675,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for the implementation of Substitute House Bill No. 1259 (women and minority contracting). ((If the bill is not enacted by June 30, 2021, the amounts provided in this subsection shall lapse.))
Sec. 138. 2021 c 334 s 140 (uncodified) is amended to read as follows:
FOR THE INSURANCE COMMISSIONER
General FundFederal Appropriation
. . . .
(($4,633,000))
     
$4,672,000
Insurance Commissioner's Regulatory AccountState
Appropriation
. . . .
(($66,336,000))
     
$69,890,000
Insurance Commissioner's Fraud AccountState
Appropriation
. . . .
(($3,603,000))
     
$3,654,000
TOTAL APPROPRIATION
. . . .
(($74,572,000))
     
$78,216,000
The appropriations in this section are subject to the following conditions and limitations:
(1) $234,000 of the insurance commissioner's regulatory accountstate appropriation is provided solely to implement Second Substitute Senate Bill No. 5315 (captive insurance). ((If the bill is not enacted by June 30, 2021, the amount provided in this subsection shall lapse.))
(2) $64,000 of the insurance commissioner's regulatory accountstate appropriation is provided solely to implement Second Substitute Senate Bill No. 5313 (health ins. discrimination). ((If the bill is not enacted by June 30, 2021, the amount provided in this subsection shall lapse.))
(3) $24,000 of the insurance commissioner's regulatory accountstate appropriation is provided solely to implement Engrossed Second Substitute Senate Bill No. 5399 (universal health care commission). ((If the bill is not enacted by June 30, 2021, the amount provided in this subsection shall lapse.))
(4) $3,000 of the insurance commissioner's regulatory accountstate appropriation is provided solely to implement Engrossed Second Substitute Senate Bill No. 5377 (standardized health plans). ((If the bill is not enacted by June 30, 2021, the amount provided in this subsection shall lapse.))
(5) $649,000 of the insurance commissioner's regulatory accountstate appropriation is provided solely to implement Engrossed Substitute House Bill No. 1196 (audio-only telemedicine). ((If the bill is not enacted by June 30, 2021, the amount provided in this subsection shall lapse.))
(6) $83,000 of the insurance commissioner's regulatory accountstate appropriation is provided solely to implement Substitute Senate Bill No. 5003 (living donor act). ((If the bill is not enacted by June 30, 2021, the amount provided in this subsection shall lapse.))
(7)(a) $75,000 of the insurance commissioner's regulatory accountstate appropriation is provided solely for a service utilization, cost, and implementation analysis of requiring coverage for the hearing instruments benefit described in House Bill No. 1047 (hearing instruments/children) for children who are 18 years of age or younger and for children and adults.
(b) The commissioner must contract with one or more consultants to:
(i) Obtain projected utilization and cost data from Washington state health carriers for health plans, as defined in RCW 48.43.005, to provide an estimate of aggregate statewide utilization and cost impacts of the coverage described in House Bill No. 1047 (hearing instruments/children) separately for children who are 18 years of age or younger and for children and adults, expressed as total annual cost and as a per member per month cost;
(ii) Assess the impact of federal and state health care nondiscrimination laws on the scope of the benefit described in House Bill No. 1047 (hearing instruments/children); and
(iii) Provide recommendations for distributing state payments to defray the cost of the benefit coverage described in House Bill No. 1047 (hearing instruments/children) for health carriers.
(c) The commissioner must report the findings of the analysis to the appropriate committees of the legislature by December 15, 2021.
(8)(a) $200,000 of the insurance commissioner's regulatory accountstate appropriation is provided solely for the commissioner, in consultation with the health care authority, to complete an analysis of the cost to implement a fertility treatment benefit as described in the department of health's December 2021 mandated benefit sunrise review.
(b) The commissioner must contract with one or more consultants to obtain utilization and cost data from Washington state health carriers, as defined in RCW 48.43.005, necessary to provide an estimate of the fiscal impact of providing a fertility treatment benefit for the commercial health plan market.
(c) The analysis must include, but is not limited to, a utilization and cost analysis of each of the following services:
(i) Infertility diagnosis;
(ii) Fertility medications;
(iii) Intrauterine insemination;
(iv) In vitro fertilization; and
(v) Egg freezing.
(d) The report should include projected costs expressed both as total annual costs and per member per month costs for plan years 2024 through 2027.
(e) The commissioner must report the findings of the analysis to the governor and appropriate committees of the legislature by June 30, 2023.
(9) $10,000 of the insurance commissioner's regulatory accountstate appropriation is provided solely to implement Substitute Senate Bill No. 5546 (insulin affordability). If the bill is not enacted by June 30, 2022, the amount provided in this subsection shall lapse.
(10) $10,000 of the insurance commissioner's regulatory accountstate appropriation is provided solely to implement Senate Bill No. 5508 (insurance guaranty fund). If the bill is not enacted by June 30, 2022, the amount provided in this subsection shall lapse.
(11) $7,000 of the insurance commissioner's regulatory accountstate appropriation is provided solely to implement Substitute Senate Bill No. 5589 (primary care spending). If the bill is not enacted by June 30, 2022, the amount provided in this subsection shall lapse.
(12) $43,000 of the insurance commissioner's regulatory accountstate appropriation is provided solely to implement Substitute Senate Bill No. 5610 (Rx drug cost sharing). If the bill is not enacted by June 30, 2022, the amount provided in this subsection shall lapse.
(13)(a) $200,000 of the insurance commissioner's regulatory accountstate appropriation is provided solely for a contract for an actuarial study to assess options for enhancing consumer protections, expanding access to coverage, and accompanying regulations regarding medicare supplemental insurance as defined in RCW 48.66.020. The study shall evaluate, but is not limited to, the following:
(i) For at least the most recent three years for which data is available, the total number of Washington state residents enrolled in medicare, broken down by those who are enrolled in:
(A) Traditional medicare fee-for-service only;
(B) Medicare supplemental insurance plans;
(C) Medicare advantage plans; and
(D) Medicaid and will turn age 65 during the public health emergency with respect to the coronavirus disease 2019 (COVID-19);
(ii) A demographic breakdown of the age, gender, racial, ethnic, and geographic characteristics of the individuals listed in (a)(i) of this subsection. For those younger than age 65, the breakdown should separate those eligible as a result of disability and end-stage renal disease status. The commissioner may include additional demographic factors;
(iii) The estimated impact on premiums, enrollment, and increased access for individuals listed in (a)(i)(A) and (B) of this subsection if the state were to have an annual open enrollment period during which medicare supplemental insurance was guaranteed issue, including separate estimates for expanding coverage to include those eligible for medicare and younger than age 65;
(iv) The estimated impact on premiums, enrollment, and increased access for individuals in (a)(i)(A) and (B) of this subsection if medicare supplemental insurance was guaranteed issue throughout the year, including separate estimates for expanding coverage to include those eligible for medicare and younger than age 65;
(v) The net cost impact to consumers and any other affected parties of the options outlined in (a)(iii) and (iv) of this subsection;
(vi) An analysis of other factors that impact access and premiums for medicare-eligible individuals; and
(vii) A review of medicare supplemental insurance policy protections in other states and their impact on premiums and enrollment in these policies.
(b) By November 15, 2022, the insurance commissioner shall submit a report to the appropriate committees of the legislature with the findings of the study.
(c) The contract recipient for the actuarial study must have:
(i) A comprehensive view of the medicare supplement industry and industry expertise developed from:
(A) Consulting for a diverse group of medicare supplement stakeholders; and
(B) Working directly for insurers issuing medicare supplemental plans; and
(ii) Access to data and expertise necessary to support the study and alternative projections.
(14) $48,000 of the insurance commissioner's regulatory accountstate appropriation is provided solely to implement Engrossed Substitute Senate Bill No. 5794 (behavioral health Rx drugs). If the bill is not enacted by June 30, 2022, the amount provided in this subsection shall lapse.
(15) $31,000 of the insurance commissioner's regulatory accountstate appropriation is provided solely to implement Second Substitute Senate Bill No. 5532 (Rx drug affordability board). If the bill is not enacted by June 30, 2022, the amount provided in this subsection shall lapse.
(16) $14,000 of the insurance commissioner's regulatory accountstate appropriation is provided solely to implement Engrossed Second Substitute Senate Bill No. 5702 (donor human milk coverage). If the bill is not enacted by June 30, 2022, the amount provided in this subsection shall lapse.
(17) $250,000 of the insurance commissioner's regulatory accountstate appropriation is provided solely for the commissioner to contract for an assessment of federal and state laws and regulations to provide recommendations on creating a legal framework with which continuing care retirement community products under chapter 18.390 RCW may achieve heightened consumer protections through shared regulatory oversight by the office of the insurance commissioner. The commissioner must submit a report on the assessment and recommendations to the health care committees of the legislature by December 1, 2022.
(18)(a) $50,000 of the insurance commissioner's regulatory accountstate appropriation is provided solely for the commissioner to coordinate with the utilities and transportation commission to jointly convene a utility liability insurance work group and report its findings to the governor and the appropriate committees of the legislature by June 1, 2023.
(b) The work group must include two members representing investor-owned utilities, two members representing consumer owned utilities, at least one from central or eastern Washington, and two representatives of the insurance industry.
(c) The work group shall:
(i) Review the availability and cost of liability insurance for electric utilities;
(ii) Identify obstacles to electric utility access to liability insurance, including market conditions as well as legal and regulatory requirements;
(iii) Evaluate financial risk to electric utilities, ratepayers, property owners, and other that exists as a result of the increased cost of insurance or in the event electric utilities are underinsured as a result of a lack of access to coverage; and
(iv) Make policy recommendations to improve access to liability insurance coverage for electric utilities.
(d) In conducting the tasks of the work group, utilities may not be required to provide commercially sensitive information, including insurance terms and costs.
(e) The commissioner may contract services to assist in the work group's efforts.
Sec. 139. 2021 c 334 s 141 (uncodified) is amended to read as follows:
FOR THE STATE INVESTMENT BOARD
State Investment Board Expense AccountState
Appropriation
. . . .
(($65,134,000))
     
$69,625,000
TOTAL APPROPRIATION
. . . .
(($65,134,000))
     
$69,625,000
The appropriation in this section is subject to the following conditions and limitations:
(1) $4,464,000 of the state investment board expense accountstate appropriation is provided solely for investment data software, and is subject to the conditions, limitations, and review requirements of section 701 of this act.
(2) During the 2021-2023 fiscal biennium, the Washington state investment board shall provide the law enforcement officers' and firefighters' plan 2 retirement board use of the investment board main conference room. The law enforcement officers' and firefighters' plan 2 retirement board must be allowed to use the board room for at least five hours on one day per month during regular business hours. Any additional direct costs incurred by the investment board due solely to the use of the conference room by the retirement board may be reimbursed by the law enforcement officers' and firefighters' plan 2 retirement board, consistent with any investment board policies on reimbursement for this facility applied to other major clients and investment partners.
Sec. 140. 2021 c 334 s 142 (uncodified) is amended to read as follows:
FOR THE LIQUOR AND CANNABIS BOARD
General FundState Appropriation (FY 2022)
. . . .
(($388,000))
     
$406,000
General FundState Appropriation (FY 2023)
. . . .
(($417,000))
     
$1,781,000
General FundFederal Appropriation
. . . .
(($3,013,000))
     
$3,089,000
General FundPrivate/Local Appropriation
. . . .
$75,000
Dedicated Marijuana AccountState Appropriation
(FY 2022)
. . . .
(($11,575,000))
     
$11,814,000
Dedicated Marijuana AccountState Appropriation
(FY 2023)
. . . .
(($11,608,000))
     
$12,414,000
Liquor Revolving AccountState Appropriation
. . . .
(($82,347,000))
     
$98,732,000
TOTAL APPROPRIATION
. . . .
(($109,423,000))
     
$128,311,000
The appropriations in this section are subject to the following conditions and limitations:
(1) The liquor and cannabis board may require electronic payment of the marijuana excise tax levied by RCW 69.50.535. The liquor and cannabis board may allow a waiver to the electronic payment requirement for good cause as provided by rule.
(2) Of the liquor revolving accountstate appropriation, (($4,939,000 for fiscal year 2022 and $2,065,000 for fiscal year 2023 are))$20,754,000 is provided solely for the modernization of regulatory systems and ((are))is subject to the conditions, limitations, and review requirements of section 701 of this act.
(3) $1,441,000 of the liquor revolving accountstate appropriation is provided solely for the implementation of chapter 48, Laws of 2021 (E2SHB 1480) (liquor licensee privileges).
(4) $58,000 of the liquor revolving accountstate appropriation is provided solely for the implementation of chapter 6, Laws of 2021 (ESSB 5272) (liquor & cannabis board fees).
(5) $38,000 of the dedicated marijuana accountstate appropriation for fiscal year 2022 is provided solely to implement Engrossed Substitute House Bill No. 1443 (cannabis industry/equity). ((If the bill is not enacted by June 30, 2021, the amount provided in this section shall lapse.))
(6) $11,000 of the general fundstate appropriation for fiscal year 2023 is provided solely for implementation of Engrossed Substitute Senate Bill No. 5004 (medical marijuana tax exemption). If the bill is not enacted by June 30, 2022, the amount provided in this section shall lapse.
(7) $278,000 of the general fundstate appropriation for fiscal year 2023 is provided solely for implementation of Senate Bill No. 5547 (cannabinoid regulation). If the bill is not enacted by June 30, 2022, the amount provided in this section shall lapse.
(8) $27,000 of the liquor revolving accountstate appropriation is provided solely for implementation of Senate Bill No. 5940 (cannabinoid regulation). If the bill is not enacted by June 30, 2022, the amount provided in this section shall lapse.
(9) $316,000 of the general fundstate appropriation for fiscal year 2023 is provided solely for implementation of Substitute Senate Bill No. 5699 (standards for cannabis analysis). If the bill is not enacted by June 30, 2022, the amount provided in this section shall lapse.
(10) $250,000 of the general fundstate appropriation for fiscal year 2023 is provided solely for the board to convene the prevention of robberies in cannabis businesses task force to identify strategies to reduce robberies of cannabis businesses.
(a) The task force must include:
(i) The director of the Washington association of police chiefs and sheriffs;
(ii) The director of enforcement and education of the Washington liquor and cannabis board;
(iii) One member representing the fraternal order of police;
(iv) One member representing the Washington state patrol;
(v) One member representing the attorney general;
(vi) Two members representing prosecutors;
(vii) Two members representing cities;
(viii) Two members representing counties;
(ix) Two members representing trade associations that represent licensed cannabis businesses; and
(x) One member representing entities that provide security services to cannabis businesses.
(b) The task force shall conduct a comprehensive review of the impact of robberies of cannabis businesses in Washington state and make recommendations related to, at a minimum, laws in other jurisdictions within the United States of America; methods of interagency coordination to reduce cannabis business robberies; strategies to assist local police departments and governments; and strategies that can be deployed to assist affected businesses.
(c) The director of the Washington association of police chiefs and sheriffs shall cochair the task force with one other member elected at the first meeting. The Washington association of police chiefs and sheriffs shall provide staff support for the task force and may contract to fulfill these requirements. The task force shall consult with the appropriate experts in the field as deemed necessary.
(d) Members of the task force shall be reimbursed for travel expenses in accordance with chapter 43.03 RCW.
(e) The task force shall report its initial findings and recommendations to the governor and the appropriate committees of the legislature by December 1, 2022, and a final report must be submitted by June 30, 2023.
(11) $150,000 of the general fundstate appropriation for fiscal year 2023 is provided solely for the board to study the statewide limit of retail cannabis outlets and the practice of assigning retail licenses by city, to determine if the practice is sufficient to meet the consumption rate and population of the state as well as the legislature's social equity goals.
Sec. 141. 2021 c 334 s 143 (uncodified) is amended to read as follows:
FOR THE UTILITIES AND TRANSPORTATION COMMISSION
General FundState Appropriation (FY 2022)
. . . .
(($251,000))
     
$515,000
General FundState Appropriation (FY 2023)
. . . .
(($199,000))
     
$835,000
General FundPrivate/Local Appropriation
. . . .
(($16,591,000))
     
$16,887,000
Public Service Revolving AccountState Appropriation
. . . .
(($42,430,000))
     
$43,983,000
Public Service Revolving AccountFederal
Appropriation
. . . .
(($100,000))
     
$108,000
Pipeline Safety AccountState Appropriation
. . . .
(($3,435,000))
     
$3,578,000
Pipeline Safety AccountFederal Appropriation
. . . .
(($3,140,000))
     
$3,247,000
TOTAL APPROPRIATION
. . . .
(($66,146,000))
     
$69,153,000
The appropriations in this section are subject to the following conditions and limitations:
(1) Up to $800,000 of the public service revolving accountstate appropriation in this section is for the utilities and transportation commission to supplement funds committed by a telecommunications company to expand rural broadband service on behalf of an eligible governmental entity. The amount in this subsection represents payments collected by the utilities and transportation commission pursuant to the Qwest performance assurance plan.
(2) $137,000 of the public service revolving accountstate appropriation is provided solely for the implementation of Engrossed Second Substitute Senate Bill No. 5126 (climate commitment act). ((If the bill is not enacted by June 30, 2021, the amount provided in this subsection shall lapse.))
(3) $179,000 of the public service revolving accountstate appropriation is provided solely for the implementation of Engrossed Substitute Senate Bill No. 5295 (gas & electric rates). ((If the bill is not enacted by June 30, 2021, the amount provided in this subsection shall lapse.))
(4)(a) $251,000 of the general fundstate appropriation for fiscal year 2022 and $199,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for the commission to examine feasible and practical pathways for investor-owned electric and natural gas utilities to contribute their share to greenhouse gas emissions reductions as described in RCW 70A.45.020, and the impacts of energy decarbonization on residential and commercial customers and the electrical and natural gas utilities that serve them.
(b) The examination required in (a) of this subsection must identify and consider:
(i) How natural gas utilities can decarbonize;
(ii) The impacts of increased electrification on the ability of electric utilities to deliver services to current natural gas customers reliably and affordably;
(iii) The ability of electric utilities to procure and deliver electric power to reliably meet that load;
(iv) The impact on regional electric system resource adequacy, and the transmission and distribution infrastructure requirements for such a transition;
(v) The costs and benefits to residential and commercial customers, including environmental, health, and economic benefits;
(vi) Equity considerations and impacts to low-income customers and highly impacted communities; and
(vii) Potential regulatory policy changes to facilitate decarbonization of the services that gas companies provide while ensuring customer rates are fair, just, reasonable, and sufficient.
(c) The commission may require data and analysis from investor-owned natural gas and electric utilities, and consumer owned utilities may submit data to the commission to inform the investigation. The results of the examination must be reported to the appropriate legislative committees by June 1, 2023.
(5) $76,000 of the public service revolving accountstate appropriation is provided solely to implement Engrossed Third Substitute House Bill No. 1091 (transportation fuel/carbon). ((If the bill is not enacted by June 30, 2021, the amounts provided in this subsection shall lapse.))
(6) $36,000 of the public service revolving accountstate appropriation is provided solely for the implementation of Substitute House Bill No. 1114 (urban heat island mitigation). ((If the bill is not enacted by June 30, 2021, the amount provided in this subsection shall lapse.))
(7) $358,000 of the general fundstate appropriation for fiscal year 2023 is provided solely for implementation of Substitute Senate Bill No. 5678 (energy project orders). If the bill is not enacted by June 30, 2022, the amount provided in this subsection shall lapse.
(8) $23,000 of the general fundstate appropriation for fiscal year 2023 and $56,000 of the pipeline safety accountstate appropriation are provided solely for implementation of Substitute Senate Bill No. 5910 (hydrogen). If the bill is not enacted by June 30, 2022, the amounts provided in this subsection shall lapse.
(9) $8,000 of the public service revolving accountstate appropriation is provided solely for implementation of Engrossed Second Substitute Senate Bill No. 5803 (wildfire/electric utilities). If the bill is not enacted by June 30, 2022, the amount provided in this subsection shall lapse.
(10) $50,000 of the general fundstate appropriation for fiscal year 2023 is provided solely for commission to coordinate with the office of the insurance commissioner to convene a utility liability insurance work group and report its finding to the governor and the appropriate committees of the legislature by June 1, 2023.
Sec. 142. 2021 c 334 s 144 (uncodified) is amended to read as follows:
FOR THE MILITARY DEPARTMENT
General FundState Appropriation (FY 2022)
. . . .
(($10,500,000))
     
$10,015,000
General FundState Appropriation (FY 2023)
. . . .
(($9,502,000))
     
$11,532,000
General FundFederal Appropriation
. . . .
(($120,157,000))
     
$122,051,000
Enhanced 911 AccountState Appropriation
. . . .
(($53,834,000))
     
$54,044,000
Disaster Response AccountState Appropriation
. . . .
(($42,370,000))
     
$75,579,000
Disaster Response AccountFederal Appropriation
. . . .
(($920,106,000))
     
$1,068,850,000
Military Department Rent and Lease AccountState
Appropriation
. . . .
(($994,000))
     
$1,001,000
Military Department Active State Service Account
State Appropriation
. . . .
$400,000
Oil Spill Prevention AccountState Appropriation
. . . .
$1,040,000
Worker and Community Right to Know FundState
Appropriation
. . . .
(($1,832,000))
     
$1,923,000
TOTAL APPROPRIATION
. . . .
(($1,160,735,000))
     
$1,346,435,000
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))$300,000 of the general fundstate appropriation for fiscal year 2022 ((is))and $700,000 of the disaster response accountstate appropriation are provided solely for grants to assist eligible individuals and families with the purchase of household appliances, home repair, and home replacement including construction, building materials, site preparation, and permitting fees. The maximum grant to an eligible individual or household is $2,500. Grants will be awarded on a first-come, first-serve basis subject to availability of amounts provided in this subsection. For purposes of this subsection, "household appliance" means a machine that assists with household functions such as cooking, cleaning and food preservation. To be eligible, an individual or family must:
(a) Be a resident of Douglas, Okanogan, Pierce, or Whitman county;
(b) Have suffered damage to their home or was displaced from a rental unit used as their primary residence due to a wildfire occurring in fiscal year 2021;
(c) Not have or have inadequate private insurance to cover the cost of household appliance replacement;
(d) Not qualify for individual assistance through the federal emergency management agency; and
(e) Meet one of the following criteria:
(i) Is disabled;
(ii) Has a household income equal to or less than 80 percent of county median household income;
(iii) The home qualified for the property tax exemption program in RCW 84.36.379 through 84.36.389; or
(iv) The home qualified for the property tax deferral program in chapter 84.38 RCW.
(7) $2,136,000 of the general fundfederal appropriation (ARPA) is provided solely for the department to administer the emergency management performance grants according to federal laws and guidelines.
(8) $3,808,000 of the disaster response accountstate appropriation and $46,039,000 of the disaster response accountfederal appropriation are provided solely for agency costs for acquiring personal protective equipment as listed in LEAP omnibus document 2021-FEMA PPE, dated April 24, 2021. The department must coordinate with the agencies who have costs listed in LEAP omnibus document 2021-FEMA PPE, dated April 24, 2021, to ensure application to the federal emergency management agency for reimbursement.
(9)(a) $251,000 of the general fundstate appropriation for fiscal year 2022 and (($250,000))$775,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for the military department to facilitate a task force to conduct a comprehensive after-action review of the statewide pandemic response and recovery.
(b) The task force is composed of the following members:
(i) One member from each of the two largest caucuses of the senate, appointed by the president of the senate;
(ii) One member from each of the two largest caucuses of the house of representatives, appointed by the speaker of the house of representatives;
(iii) The secretary of the department of health, or the secretary's designee;
(iv) The adjutant general of the military department, or the adjutant general's designee;
(v) The commissioner of the employment security department, or the commissioner's designee;
(vi) The director of the department of financial institutions, or the director's designee;
(vii) The insurance commissioner, or the commissioner's designee;
(viii) The secretary of the department of social and health services, or the secretary's designee;
(ix) The superintendent of public instruction, or the superintendent's designee;
(x) The director of the department of labor and industries, or the director's designee;
(xi) The director of the department of commerce, or the director's designee;
(xii) The director of the department of enterprise services, or the director's designee;
(xiii) The secretary of the department of transportation, or the secretary's designee;
(xiv) The director of the department of licensing, or the director's designee;
(xv) The director of the office of financial management, or the director's designee;
(xvi) The director of the health care authority, or the director's designee;
(xvii) The executive director of the pharmacy quality assurance commission, or the executive director's designee;
(xviii) One member representing the Washington association of sheriffs and police chiefs;
(xix) One member representing the association of Washington businesses; and
(xx) Additional members to be appointed by the governor, as follows:
(A) One member representing the office of the governor;
(B) One member representing the association of Washington cities;
(C) One member representing the Washington state association of counties;
(D) One member representing emergency and transitional housing providers;
(E) One member representing a statewide association representing physicians;
(F) One member representing a statewide association representing nurses;
(G) One member representing a statewide association representing hospitals;
(H) One member representing community health centers;
(I) Two members representing local public health officials;
(J) Two members representing local emergency management agencies, one member located west of the crest of the Cascade mountains and one member located east of the crest of the Cascade mountains;
(K) At least one member representing federally recognized tribes;
(L) Up to 10 members representing demographic groups that have been disproportionately impacted by the COVID-19 pandemic, that include, but are not limited to, individuals of different race, class, gender, ethnicity, and immigration status;
(M) One member representing leisure and hospitality industries;
(N) One member representing education services; and
(O) One member representing manufacturing and trade industries.
(c) The adjutant general, or the adjutant general's designee, and the secretary of the department of health, or the secretary's designee, shall cochair the task force and convene its initial meeting.
(d)(i) The task force shall conduct the comprehensive after-action review of the COVID-19 pandemic response in accordance with established national standards for emergency or disaster after-action reviews. In order to improve the response to and recovery from future pandemics, the task force shall develop lessons learned and make recommendations that include, but are not limited to, the following:
(A) Aspects of the COVID-19 response that may inform future pandemic and all-hazards responses;
(B) Emergency responses that would benefit the business community and workers during a pandemic;
(C) Standards regarding flexible rent and repayment plans for residential and commercial tenants during a pandemic;
(D) Whether establishing regional emergency management agencies would benefit Washington state emergency response to future pandemics;
(E) Gaps and needs for volunteers to support medical professionals in performing their pandemic emergency response functions within Washington state;
(F) Gaps and needs for tools to measure the scale of an impact caused by a pandemic and tailoring the pandemic response to affected regions based on the scale of the impact in those regions;
(G) Gaps and needs in health care system capacity and case tracking, monitoring, control, isolation and quarantine, and deploying medical supplies and personnel; and
(H) Implementing guidelines for school closures during a pandemic.
(ii) The topics identified in (i) of this subsection (7)(d) are intended to be illustrative but not exhaustive. The task force should consider issues relating to equity, disparities, and discrimination in each topic it studies and for which it makes recommendations.
(e) The military department must provide staff support for the task force. The military department may employ staff and contracted support to fulfill the requirements of this subsection.
(f) The task force shall consult with owners of small businesses, epidemiologists, and representatives of immigrant communities.
(g) Legislative members of the task force are reimbursed for travel expenses in accordance with RCW 44.04.120. Nonlegislative members shall be reimbursed for travel expenses in accordance with chapter 43.03 RCW.
(h) The task force shall report its initial findings and recommendations to the governor and the appropriate committees of the legislature by June 30, 2022. The task force shall report its final findings and recommendations to the governor and the appropriate committees of the legislature by June 30, 2023.
(10)(a) Within amounts appropriated in this act, the department must coordinate with the department of commerce in the administration of the grant program created in section 129(88) of this act.
(b) If the federal emergency management agency provides reimbursement for any portion of the costs incurred by a city or county that were paid for using state grant funding provided under section 129(88) of this act, the military department shall remit the reimbursed funds to the state general fund.
(c) The department must provide technical assistance for the public assistance program application process to applicants to the grant program created in section 129(88) of this act.
(11) $438,000 of the disaster response accountstate appropriation is provided solely for a dedicated access and functional needs program manager, access and functional need services, and a dedicated tribal liaison to assist with disaster preparedness and response.
(12) $275,000 of the general fundstate appropriation for fiscal year 2023 is provided solely for the department to provide a grant to the Ruckelshaus center to compare traditional decision making systems with other decision making structures and provide recommendations for future emergency responses.
(13) $300,000 of the general fundstate appropriation for fiscal year 2023 is provided solely for the department to contract for the development of a plan for a state-level disaster individual assistance program. The program should be modeled after successful programs in other states and be linked to complimentary programs at agencies such as the departments of commerce and social and health services, and the office of the governor. The fully developed program will detail the establishment, operations, and maintenance of a state-level disaster individual assistance program. A report detailing findings and recommendations for creating the program shall be delivered to the appropriate legislative committees by June 30, 2023.
(14) $15,000 of the enhanced 911 accountstate appropriation is provided solely for implementation of Substitute Senate Bill No. 5555 (safety telecommunicators). If the bill is not enacted by June 30, 2022, the amount provided in this subsection shall lapse.
(15) $7,500,000 of the disaster response accountstate appropriation is provided solely for the department to make grants to assist in the flood recovery efforts in Whatcom county.
(16) $4,853,000 of the disaster response accountstate appropriation is provided solely for the department to use as matching funds for the federal emergency management agency building resilient infrastructure and communities (BRIC) grant program.
Sec. 143. 2021 c 334 s 145 (uncodified) is amended to read as follows:
FOR THE PUBLIC EMPLOYMENT RELATIONS COMMISSION
General FundState Appropriation (FY 2022)
. . . .
(($2,401,000))
     
$2,403,000
General FundState Appropriation (FY 2023)
. . . .
(($2,371,000))
     
$2,452,000
Personnel Service AccountState Appropriation
. . . .
(($4,382,000))
     
$4,457,000
Higher Education Personnel Services AccountState
Appropriation
. . . .
(($1,407,000))
     
$1,430,000
TOTAL APPROPRIATION
. . . .
(($10,561,000))
     
$10,742,000
The appropriations in this section are subject to the following conditions and limitations: $52,000 of the general fundstate appropriation for fiscal year 2022 and $5,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for the implementation of Substitute Senate Bill No. 5055 (law enforcement grievances). ((If the bill is not enacted by June 30, 2021, the amounts provided in this subsection shall lapse.))
Sec. 144. 2021 c 334 s 146 (uncodified) is amended to read as follows:
FOR THE BOARD OF ACCOUNTANCY
Certified Public Accountants' AccountState
Appropriation
. . . .
(($4,438,000))
     
$4,483,000
TOTAL APPROPRIATION
. . . .
(($4,438,000))
     
$4,483,000
Sec. 145. 2021 c 334 s 147 (uncodified) is amended to read as follows:
FOR THE BOARD FOR VOLUNTEER FIREFIGHTERS
Volunteer Firefighters' and Reserve Officers'
Administrative AccountState Appropriation
. . . .
(($4,960,000))
     
$4,977,000
TOTAL APPROPRIATION
. . . .
(($4,960,000))
     
$4,977,000
The appropriation in this section is subject to the following conditions and limitations: $3,930,000 of the volunteer firefighters' and reserve officers' administrative account—state appropriation is provided solely for a benefits management system, and is subject to the conditions, limitations, and review requirements of section 701 of this act.
Sec. 146. 2021 c 334 s 148 (uncodified) is amended to read as follows:
FOR THE FORENSIC INVESTIGATION COUNCIL
Death Investigations AccountState Appropriation
. . . .
$753,000
TOTAL APPROPRIATION
. . . .
$753,000
The appropriation in this section is subject to the following conditions and limitations:
(1)(a) $250,000 of the death investigations accountstate appropriation is provided solely for providing financial assistance to local jurisdictions in multiple death investigations. The forensic investigation council shall develop criteria for awarding these funds for multiple death investigations involving an unanticipated, extraordinary, and catastrophic event or those involving multiple jurisdictions.
(b) Of the amounts provided in this subsection, $30,000 of the death investigations accountstate appropriation is provided solely for the Adams county crime lab to investigate a double homicide that occurred in fiscal year 2021.
(2) $210,000 of the death investigations accountstate appropriation is provided solely for providing financial assistance to local jurisdictions in identifying human remains.
(3) Within the amount appropriated in this section, the forensic investigation council may enter into an interagency agreement with the department of enterprise services for the department to provide services related to public records requests, to include responding to, or assisting the council in responding to, public disclosure requests received by the council.
Sec. 147. 2021 c 334 s 149 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF ENTERPRISE SERVICES
General FundState Appropriation (FY 2022)
. . . .
(($5,976,000))
     
$7,019,000
General FundState Appropriation (FY 2023)
. . . .
(($5,833,000))
     
$7,006,000
General FundPrivate/Local Appropriation
. . . .
$102,000
Building Code Council AccountState Appropriation
. . . .
(($1,825,000))
     
$2,275,000
Coronavirus State Fiscal Recovery FundFederal
Appropriation
. . . .
$2,952,000
TOTAL APPROPRIATION
. . . .
(($13,736,000))
     
$19,354,000
The appropriations in this section are subject to the following conditions and limitations:
(1) (($5,208,000))$6,154,000 of the general fund—state appropriation for fiscal year 2022 and (($5,269,000))$6,178,000 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))security, contracts, public and historic facilities charges, and capital projects surcharges allocable to the senate, house of representatives, statute law committee, legislative support services, and joint legislative systems committee. The department shall allocate charges attributable to these agencies among the affected revolving funds. The department shall maintain an interagency agreement with these agencies to establish performance standards, prioritization of preservation and capital improvement projects, and quality assurance provisions for the delivery of services under this subsection. The legislative agencies named in this subsection shall continue to enjoy all of the same rights of occupancy and space use on the capitol campus as historically established.
(2) Before any agency may purchase a passenger motor vehicle as defined in RCW 43.19.560, the agency must have written approval from the director of the department of enterprise services. Agencies that are exempted from the requirement are the Washington state patrol, Washington state department of transportation, and the department of natural resources.
(3) From the fee charged to master contract vendors, the department shall transfer to the office of minority and women's business enterprises in equal monthly installments $1,500,000 in fiscal year 2022 and $1,300,000 in fiscal year 2023.
(4) Within existing resources, beginning October 31, 2021, the department, in collaboration with consolidated technology services, must provide a report to the governor and fiscal committees of the legislative by October 31 of each calendar year that reflects information technology contract information based on a contract snapshot from June 30 of that same calendar year, and must also include any contract that was active since July 1 of the previous calendar year. The department will coordinate to receive contract information for all contracts to include those where the department has delegated authority so that the report includes statewide contract information. The report must contain a list of all information technology contracts to include the agency name, contract number, vendor name, contract term start and end dates, contract dollar amount in total, and contract dollar amounts by state fiscal year. The report must also include, by contract, the contract spending projections by state fiscal year for each ensuing state fiscal year through the contract term, and note the type of service delivered. The list of contracts must be provided electronically in Excel and be sortable by all field requirements. The report must also include trend analytics on information technology contracts, and recommendations for reducing costs where possible.
(5) $162,000 of the general fundstate appropriation in fiscal year 2022 and $162,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for the department to waive rent fees and charges through June 30, 2023, for vendors who are blind business enterprise program licensees by the department of services for the blind and who lease space and operate food service businesses, inclusive of delis, cafeterias, and espresso stands, in state government buildings.
(6) Within existing resources, the state building code council, in collaboration with the LGBTQ commission, must develop a plan to incorporate into future Washington state building codes options for the design and construction of inclusive bathroom facilities that are consistent with a person's own gender expression or gender identity. Coordination must begin by September 1, 2021, and a preliminary report of the plan is due by September 1, 2022.
(7)(a) The department must work with the office of financial management to identify leases that will be up for renewal effective July 1, 2022, through June 30, 2024.
(b) The department must collaborate with the office of financial management on reduction in leased office space by agency for fiscal years 2024 and 2025.
(8)(a) The department must work collaboratively with at least each state agency that has fleet vehicles to discuss the agency need for the number of fleet vehicles each agency has as of July 1, 2021. The department must identify and report, at least:
(i) The count of fleet vehicles by agency by type, and the cost by fund source by fiscal year for fiscal year 2019, 2020, 2021, 2022, and 2023 for agency fleet vehicles;
(ii) The mileage data by agency by fleet vehicle for fiscal year 2019, 2020, and 2021, and the estimates for fiscal year 2022 and 2023; and
(iii) The business justification for the amount of fleet vehicles in fiscal year 2022 and 2023, by agency, given the change in business practice from in-person to remote work and video conferencing that began in 2020.
(b) The department must submit the report to fiscal and appropriate policy committees of the legislature by December 1, 2021.
(9)(a) The department must examine the motor pool fleet to determine the need for the number of vehicles. The department must identify, at least:
(i) The count of motor pool vehicles by type;
(ii) The cost recovery needed by fiscal year for fiscal year 2021, 2022, and 2023. This must include the anticipated recovery by fund source by fiscal year for fiscal year 2021, 2022, and 2023;
(iii) The mileage data by motor pool vehicle for fiscal year 2019, 2020, and 2021, and the estimates for 2022 and 2023; and
(iv) The business justification for the amount of motor vehicles in fiscal year 2022 and 2023, given the change in business practice from in-person to remote work and video conferencing.
(b) The department must report to fiscal and appropriate policy committees of the legislature by December 1, 2021.
(10) $69,000 of the building code council accountstate appropriation is provided solely for implementation of Engrossed Substitute House Bill No. 1184 (risk-based water quality standards). ((If the bill is not enacted by June 30, 2021, the amount provided in this subsection shall lapse.))
(11) Within existing resources, the department must continue to prioritize the new diversity, equity, and inclusion training. This includes the department using the developed diversity, equity, and inclusion training curriculum that consists of at least five modules, and the department must start the trainings in fiscal year 2022 as outlined in their plan for training deployment.
(12) $167,000 of the general fundstate appropriation for fiscal year 2023 is provided solely for the department to prepare a state fleets zero emission vehicle implementation strategy, in collaboration with the state efficiency and environmental performance program, as outlined in executive order 21-04. The department must develop a state fleet vehicle charging plan and submit a draft plan to fiscal committees of the legislature by June 30, 2023.
(13) General fundstate appropriations for expenditure in the state vehicle parking account and the enterprise services account provided in part VII of this act are one-time only.
(14) $2,952,000 of the coronavirus state fiscal recovery fundstate appropriation is provided solely for zero emission electric vehicle supply equipment infrastructure at state-owned facilities to accommodate charging station installation. The electric vehicle charging equipment must allow for the collection of usage data and must be coordinated with the state efficiency and environmental performance program. The department must prioritize locations based on state efficiency and environmental performance location priorities, and at least where zero emission fleet vehicles are scheduled to be purchased in fiscal year 2023. The department must report when and where the equipment was installed, usage data at each charging station, and the state agencies and state facilities that benefit from the installation of the charging station to the fiscal committees of the legislature by June 30, 2023, for those installed in fiscal year 2023, and each fiscal year thereafter if further funding is provided. The department shall collaborate with the interagency electric vehicle coordinating council established in Engrossed Substitute Senate Bill No. 5974 (transportation resources) to implement this subsection and must work to meet benchmarks established in Engrossed Substitute Senate Bill No. 5974 (transportation resources).
Sec. 148. 2021 c 334 s 150 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF ARCHAEOLOGY AND HISTORIC PRESERVATION
General FundState Appropriation (FY 2022)
. . . .
(($2,736,000))
     
$2,717,000
General FundState Appropriation (FY 2023)
. . . .
(($2,779,000))
     
$3,255,000
General FundFederal Appropriation
. . . .
(($2,948,000))
     
$3,178,000
General FundPrivate/Local Appropriation
. . . .
$14,000
TOTAL APPROPRIATION
. . . .
(($8,477,000))
     
$9,164,000
The appropriations in this section are subject to the following conditions and limitations:
(1) $103,000 of the general fund—state appropriation for fiscal year 2022 and $103,000 of the general fund—state appropriation for fiscal year 2023 are provided solely for archaeological determinations and excavations of inadvertently discovered skeletal human remains, and removal and reinterment of such remains when necessary.
(2) $500,000 of the general fundstate appropriation for fiscal year 2022 and $550,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for the Washington main street program, including $150,000 of the general fundstate appropriation for fiscal year 2022 and $200,000 of the general fundstate appropriation for fiscal year 2023 provided solely for a pilot project grant program for affiliate main street programs. From the amount provided in this subsection, the department may provide grants of up to $40,000 to the affiliate main street programs for staffing costs, capacity building, and other costs associated with establishing a local nonprofit organization focused solely on downtown revitalization. The department must prioritize affiliate main street programs in locations with a population under 20,000.
(3) $100,000 of the general fundstate appropriation for fiscal year 2023 is provided solely for a nonprofit to produce and share materials that explore the history of waterfront park and Seattle's central waterfront.
Sec. 149. 2021 c 334 s 151 (uncodified) is amended to read as follows:
FOR THE CONSOLIDATED TECHNOLOGY SERVICES AGENCY
General FundState Appropriation (FY 2022)
. . . .
$581,000
General FundState Appropriation (FY 2023)
. . . .
(($531,000))
     
$631,000
Consolidated Technology Services Revolving Account
State Appropriation
. . . .
(($53,030,000))
     
$70,795,000
TOTAL APPROPRIATION
. . . .
(($54,142,000))
     
$72,007,000
The appropriations in this section are subject to the following conditions and limitations:
(1) (($11,623,000))$11,598,000 of the consolidated technology services revolving accountstate appropriation is provided solely for the office of the chief information officer. Of this amount:
(a) $2,000,000 of the consolidated technology services revolving accountstate appropriation is provided solely for experienced information technology project managers to provide critical support to agency IT projects that are under oversight from the office of the chief information officer. The staff or vendors will:
(i) Provide master level project management guidance to agency IT stakeholders;
(ii) Consider statewide best practices from the public and private sectors, independent review and analysis, vendor management, budget and timing quality assurance and other support of current or past IT projects in at least Washington state and share these with agency IT stakeholders and legislative fiscal staff at least ((quarterly))twice annually and post these to the statewide IT dashboard; and
(iii) Provide independent recommendations to legislative fiscal committees by December of each calendar year on oversight of IT projects to include opportunities for accountability and performance metrics.
(b) $2,960,000 of the consolidated technology services revolving accountstate appropriation is provided solely for the office of privacy and data protection.
(2) (($12,393,000))$12,168,000 of the consolidated technology services revolving accountstate appropriation is provided solely for the office of cyber security.
(3) The consolidated technology services agency shall work with customer agencies using the Washington state electronic records vault (WASERV) to identify opportunities to:
(a) Reduce storage volumes and costs associated with vault records stored beyond the agencies' record retention schedules; and
(b) Assess a customized service charge as defined in chapter 304, Laws of 2017 for costs of using WASERV to prepare data compilations in response to public records requests.
(4)(a) In conjunction with the office of the chief information officer's prioritization of proposed information technology expenditures, agency budget requests for proposed information technology expenditures must include the following:
(i) The agency's priority ranking of each information technology request;
(ii) The estimated cost by fiscal year and by fund for the current biennium;
(iii) The estimated cost by fiscal year and by fund for the ensuing biennium;
(iv) The estimated total cost for the current and ensuing biennium;
(v) The total cost by fiscal year, by fund, and in total, of the information technology project since it began;
(vi) The estimated cost by fiscal year and by fund over all biennia through implementation and close out and into maintenance and operations;
(vii) The estimated cost by fiscal year and by fund for service level agreements once the project is implemented;
(viii) The estimated cost by fiscal year and by fund for agency staffing for maintenance and operations once the project is implemented; and
(ix) The expected fiscal year when the agency expects to complete the request.
(b) The office of the chief information officer and the office of financial management may request agencies to include additional information on proposed information technology expenditure requests.
(5) The consolidated technology services agency must not increase fees charged for existing services without prior approval by the office of financial management. The agency may develop fees to recover the actual cost of new infrastructure to support increased use of cloud technologies.
(6) Within existing resources, the agency must provide oversight of state procurement and contracting for information technology goods and services by the department of enterprise services.
(7) Within existing resources, the agency must host, administer, and support the state employee directory in an online format to provide public employee contact information.
(8) The health care authority, the health benefit exchange, the department of social and health services, the department of health, and the department of children, youth, and families shall work together within existing resources to establish the health and human services enterprise coalition (the coalition). The coalition, led by the health care authority, must be a multi-organization collaborative that provides strategic direction and federal funding guidance for projects that have cross-organizational or enterprise impact, including information technology projects that affect organizations within the coalition. The office of the chief information officer shall maintain a statewide perspective when collaborating with the coalition to ensure that the development of projects identified in this report and all those projects undertaken by the coalition are planned for in a manner that ensures the efficient use of state resources, supports the adoption of a cohesive technology and data architecture, and maximizes federal financial participation. Beginning July 31, 2022, and by July 31st each year, the office of the chief information officer shall collect from the coalition information to produce summaries and budget detail sufficient to allow review, analysis, and documentation of all current and proposed expenditures for coalition information technology projects that are in progress or anticipated to start within this biennium. The office must also complete a services consultation with the coalition on any and all active coalition projects each August, effective August 1, 2022, regardless of whether any coalition agency will ask for new funding through the budget process, and include projects the coalition is working on with base funding or other funding arrangements. As a result of this consultation, the office of the chief information officer must add a prioritized recommendation of the projects reviewed and submit that to fiscal committees of the legislature each October 31st, effective October 31, 2022. The work of the coalition and any project identified as a coalition project is subject to the conditions, limitations, and review provided in section 701 of this act.
(9) (($4,303,000))$4,380,000 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))$23,204,000 of the consolidated technology services revolving accountstate appropriation is provided solely for the procurement and distribution of Microsoft 365 licenses which must include advanced security features and cloud-based private branch exchange capabilities for state agencies. The office must report annually to fiscal committees of the legislature beginning December 31, 2021, and each December 31 thereafter, on the count and type of licenses distributed by consolidated technology services to each state agency. The report must also separately report on the count and type of Microsoft 365 licenses that state agencies have in addition to those that are distributed by consolidated technology services so that the total count, type of license, and cost is known for statewide Microsoft 365 licenses.
(11)(a) The statewide information technology dashboard elements must include, at a minimum, the:
(i) Start date of the project;
(ii) End date of the project, when the project will close out and implementation will commence;
(iii) Term of the project in state fiscal years across all biennia to reflect the start of the project through the end of the project;
(iv) Total project cost from start date through the end date of the project in total dollars, and a subtotal of near general fund outlook;
(v) Near general fund outlook budget and actual spending in total dollars and by fiscal month for central service agencies that bill out project costs;
(vi) Start date of maintenance and operations;
(vii) Estimated annual state fiscal year cost of maintenance and operations after implementation and close out;
(viii) Actual spending by state fiscal year and in total for state fiscal years that have closed;
(ix) Date a feasibility study was completed; and
(x) A list of funding received by fiscal year by enacted session law, and how much was received citing chapter law as a list of funding provided by fiscal year.
(b) The office of the chief information officer may recommend additional elements to include but must have agreement with legislative fiscal committees and the office of financial management prior to including additional elements.
(c) The agency must ensure timely posting of project data on the statewide information technology dashboard for at least each project funded in the budget and under oversight to include, at a minimum, posting on the dashboard:
(i) The budget funded level by project for each project under oversight within 30 calendar days of the budget being signed into law;
(ii) The project historical expenditures through fiscal year 2021, by December 31, 2021, for all projects that started prior to July 1, 2021;
(iii) The project historical expenditures through fiscal year 2022, by December 31, 2022, for all projects that started prior to July 1, 2022; and
(iv) Whether each project has completed a feasibility study.
(12) Within existing resources, consolidated technology services must collaborate with the department of enterprise services on the annual contract report that provides information technology contract information. Consolidated technology services will:
(a) Provide ((Apptio)) data to the department of enterprise services annually beginning September 1, 2021, and each September 1 of each year; and
(b) Provide analysis on contract information for all agencies comparing spending across state fiscal years by, at least, the contract spending towers.
(13) (($129,000 of the consolidated technology services revolving account—state appropriation is provided solely for implementation of Second Substitute Senate Bill No. 5062 (data). If the bill is not enacted by June 30, 2021, the amount provided in this subsection shall lapse.
(14))) $12,000 of the general fundstate appropriation for fiscal year 2022 is provided solely for the office of the chief information officer who must convene a work group to examine how automated decision making systems can best be reviewed before adoption and while in operation and be periodically audited to ensure that such systems are fair, transparent, accountable and do not improperly advantage or disadvantage Washington residents.
(a) The work group must be composed of:
(i) A representative of the department of children, youth, and families;
(ii) A representative of the department of corrections;
(iii) A representative of the department of social and health services;
(iv) A representative of the department of enterprise services;
(v) At least two representatives from universities or research institutions who are experts in the design and effect of an algorithmic system; and
(vi) At least five representatives from advocacy organizations that represent communities that are disproportionately vulnerable to being harmed by algorithmic bias, including but not limited to, African American, Hispanic American, Native American, and Asian American communities, religious minorities, people with disabilities, and other vulnerable communities.
(b) The purpose of the work group is to develop recommendations for changes in state law and policy regarding the development, procurement, and use of automated decision systems by public agencies. The work group must examine:
(i) When state agency use of automated decision making systems should be prohibited;
(ii) When state agency use of artificial intelligence-enabled profiling systems should be prohibited;
(iii) Changes in the procurement of automated decision systems, including when the procurement must receive prior approval by the office of chief information officer;
(iv) How to review, identify, and audit systems to ensure that the system prior to procurement and after placed into service does not discriminate against an individual, or treat an individual less favorably than another, in whole or in part, on the basis of one or more factors enumerated in RCW 49.60.010;
(v) How to provide public notice when an automated decision system is in use and how to appeal such decisions;
(vi) How automated decision system data should be stored and whether such data should be shared outside the system; and
(vii) Other issues determined by the office of chief information officer or the department of enterprise services that are necessary to govern state agency procurement and use of automated decision systems.
(c) To demonstrate the impacts of its recommendations, the work group must select one of following automated decision making systems and describe how their implementation would affect the procurement of a new system and the use the existing system:
(i) The department of children, youth, and families system used to determine risk in the family child welfare system;
(ii) The department of corrections system used to determine risk for purposes of evaluating early release and/or sentencing; or
(iii) The department of social and health services system used for hospital admissions.
(d) The work group shall meet at least four times, or more frequently to accomplish its work. The office of the chief information officer must lead the work group. Each of the state agencies identified in (a) of this subsection must provide staff support to the work group and its activities.
(e) The work group must submit a report to the fiscal committees of the legislature and the governor no later than December 1, 2021.
(f) For purposes of this subsection, "automated decision system" or "system" means any algorithm, including one incorporating machine learning or other artificial intelligence techniques, that uses data-based analysis or calculations to make or support government decisions, judgments, or conclusions that cause a Washington resident to be treated differently than another Washington resident in the nature or amount of governmental interaction with that individual including, without limitation, benefits, protections, required payments, penalties, regulations, timing, application, or process requirements.
(((15)))(14) $81,000 of the consolidated technology services revolving accountstate appropriation is provided solely for implementation of Engrossed Second Substitute House Bill No. 1274 (cloud computing solutions). ((If the bill is not enacted by June 30, 2021, the amount provided in this subsection shall lapse.
(16)))(15)(a) $381,000 of the general fundstate appropriation for fiscal year 2022 and $343,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for the office of the chief information officer to provide a common platform for hosting existing state data on natural hazards risks into a comprehensive, multihazard, statewide, geospatial data portal to assist with state hazard risk and resilience mapping and analysis. In performing this work, the office of the chief information officer will:
(i) Coordinate with the state emergency management division, office of the insurance commissioner, University of Washington climate impacts group and Washington sea grant, Washington State University water research center, and the state departments of ecology, health, natural resources, and transportation on the project scope, user needs, and deliverables;
(ii) Organize data in standardized and compatible formats including temporal data, where able; and
(iii) Address credentialing for secure access to protect sensitive data needed for risk analyses.
(b) By December 1, 2022, in consultation with the governor's office and the other agencies listed above, the office of the chief information officer will provide a progress report to the relevant legislative committees on the development of the platform and data sharing agreements.
(c) By June 1, 2023, in consultation with the governor's office and the other agencies listed above, the office of the chief information officer will provide a final report with recommendations for further enhancing natural hazards resiliency by using data to inform the development of a statewide resilience strategy.
(d) This subsection is subject to the conditions, limitations, and review of section 701 of this act.
(((17)))(16) $1,493,000 of the consolidated technology services revolving accountstate appropriation is provided solely for implementation of Engrossed Substitute Senate Bill No. 5432 (cybersecurity/state gov.). ((If the bill is not enacted by June 30, 2021, the amount provided in this subsection shall lapse.))
(17) $4,333,000 of the consolidated technology services revolving accountstate appropriation is provided solely for implementation of the enterprise cloud computing program as outlined in the December 2020 Washington state cloud readiness report. Funding provided includes, but is not limited to, cloud service broker resources, cloud center of excellence, cloud management tools, a network assessment, cybersecurity governance, and a cloud security roadmap.
(18) $2,375,000 of the consolidated technology services revolving accountstate appropriation is provided solely for the implementation of the recommendations of the cloud transition task force report to include:
(a) Establishing a cloud readiness program to help agencies plan and prepare for transitioning to cloud computing;
(b) Establishing the cloud retraining program to provide a coordinated approach to skills development and retraining; and
(c) Staffing to define career pathways and core competencies for the state's information technology workforce.
(19) $580,000 of the consolidated technology services revolving accountstate appropriation is provided solely for implementation of Senate Bill No. 5534 (verifiable credentials). If the bill is not enacted by June 30, 2022, the amount provided in this subsection shall lapse.
(20) $100,000 of the general fundstate appropriation for fiscal year 2023 is provided solely for the office of the chief information officer, who must:
(a) Prepare with the cooperation of state agencies and make publicly available on its website, by January 1, 2023, an initial inventory of all automated decision systems that are currently being used by state agencies; and
(b) Adopt guidance, by June 30, 2022, for state agencies regarding minimum standards that should be used for automated decision systems the agency plans to develop or procure during the 2023 fiscal year.
Sec. 150. 2021 c 334 s 152 (uncodified) is amended to read as follows:
FOR THE BOARD OF REGISTRATION OF PROFESSIONAL ENGINEERS AND LAND SURVEYORS
Professional Engineers' AccountState Appropriation
. . . .
(($4,190,000))
     
$4,225,000
TOTAL APPROPRIATION
. . . .
(($4,190,000))
     
$4,225,000
NEW SECTION.  Sec. 151. A new section is added to 2021 c 334 (uncodified) to read as follows:
FOR THE WASHINGTON STATE LEADERSHIP BOARD
Washington State Leadership Board AccountState
Appropriation (FY 2023)
. . . .
$637,000
TOTAL APPROPRIATION
. . . .
$637,000
The appropriation in this section is subject to the following conditions and limitations:
(1) $327,000 of the Washington state leadership board accountstate appropriation is provided solely for implementation of Senate Bill No. 5750 (WA state leadership board). If the bill is not enacted by June 30, 2022, the amounts provided in this subsection shall lapse.
(2) $450,000 of the Washington state leadership board accountstate appropriation for fiscal year 2023 is provided solely for implementing programming in RCW 43.15.030, and specifically the Washington world fellows program, sports mentoring program/boundless Washington, compassion scholars, and the Washington state leadership awards. If Senate Bill No. 5750 (WA state leadership board) is not enacted by June 30, 2022, the amount provided in this subsection shall lapse.
(End of part)
PART II
HUMAN SERVICES
Sec. 201. 2021 c 334 s 201 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF SOCIAL AND HEALTH SERVICES
(1) The appropriations to the department of social and health services in this act shall be expended for the programs and in the amounts specified in this act. Appropriations made in this act to the department of social and health services shall initially be allotted as required by this act. Subsequent allotment modifications shall not include transfers of moneys between sections of this act except as expressly provided in this act, nor shall allotment modifications permit moneys that are provided solely for a specified purpose to be used for other than that purpose.
(2) The department of social and health services shall not initiate any services that require expenditure of state general fund moneys unless expressly authorized in this act or other law. The department may seek, receive, and spend, under RCW 43.79.260 through 43.79.282, federal moneys not anticipated in this act as long as the federal funding does not require expenditure of state moneys for the program in excess of amounts anticipated in this act. If the department receives unanticipated unrestricted federal moneys, those moneys shall be spent for services authorized in this act or in any other legislation providing appropriation authority, and an equal amount of appropriated state general fund moneys shall lapse. Upon the lapsing of any moneys under this subsection, the office of financial management shall notify the legislative fiscal committees. As used in this subsection, "unrestricted federal moneys" includes block grants and other funds that federal law does not require to be spent on specifically defined projects or matched on a formula basis by state funds.
(3) The legislature finds that medicaid payment rates, as calculated by the department pursuant to the appropriations in this act, bear a reasonable relationship to the costs incurred by efficiently and economically operated facilities for providing quality services and will be sufficient to enlist enough providers so that care and services are available to the extent that such care and services are available to the general population in the geographic area. The legislature finds that cost reports, payment data from the federal government, historical utilization, economic data, and clinical input constitute reliable data upon which to determine the payment rates.
(4) The department shall to the maximum extent practicable use the same system for delivery of spoken-language interpreter services for social services appointments as the one established for medical appointments in the health care authority. When contracting directly with an individual to deliver spoken language interpreter services, the department shall only contract with language access providers who are working at a location in the state and who are state-certified or state-authorized, except that when such a provider is not available, the department may use a language access provider who meets other certifications or standards deemed to meet state standards, including interpreters in other states.
(5) Information technology projects or investments and proposed projects or investments impacting time capture, payroll and payment processes and systems, eligibility, case management, and authorization systems within the department of social and health services are subject to technical oversight by the office of the chief information officer.
(6)(a) The department shall facilitate enrollment under the medicaid expansion for clients applying for or receiving state funded services from the department and its contractors. Prior to open enrollment, the department shall coordinate with the health care authority to provide referrals to the Washington health benefit exchange for clients that will be ineligible for medicaid.
(b) To facilitate a single point of entry across public and medical assistance programs, and to maximize the use of federal funding, the health care authority, the department of social and health services, and the health benefit exchange will coordinate efforts to expand HealthPlanfinder access to public assistance and medical eligibility staff. The department shall complete medicaid applications in the HealthPlanfinder for households receiving or applying for public assistance benefits.
(7) The health care authority, the health benefit exchange, the department of social and health services, the department of health, and the department of children, youth, and families shall work together within existing resources to establish the health and human services enterprise coalition (the coalition). The coalition, led by the health care authority, must be a multi-organization collaborative that provides strategic direction and federal funding guidance for projects that have cross-organizational or enterprise impact, including information technology projects that affect organizations within the coalition. The office of the chief information officer shall maintain a statewide perspective when collaborating with the coalition to ensure that projects are planned for in a manner that ensures the efficient use of state resources, support the adoption of a cohesive technology and data architecture, and maximize((s)) federal financial participation. The work of the coalition is subject to the conditions, limitations, and review provided in section 701 of this act.
(8)(a) The appropriations to the department of social and health services in this act must be expended for the programs and in the amounts specified in this act. However, after May 1, 2022, unless prohibited by this act, the department may transfer general fundstate appropriations for fiscal year 2022 among programs and subprograms after approval by the director of the office of financial management. However, the department may not transfer state appropriations that are provided solely for a specified purpose except as expressly provided in (b) of this subsection.
(b) To the extent that transfers under (a) of this subsection are insufficient to fund actual expenditures in excess of fiscal year 2022 in response to the COVID-19 pandemic or caseload forecasts and utilization assumptions in the long-term care, developmental disabilities, and public assistance programs, the department may transfer state appropriations that are provided solely for a specified purpose. The department may not transfer funds, and the director of the office of financial management may not approve the transfer, unless the transfer is consistent with the objective of conserving, to the maximum extent possible, the expenditure of state funds. The director of the office of financial management shall notify the appropriate fiscal committees of the legislature in writing seven days prior to approving any allotment modifications or transfers under this subsection. The written notification shall include a narrative explanation and justification of the changes, along with expenditures and allotments by budget unit and appropriation, both before and after any allotment modifications or transfers.
(9) The department may not transfer appropriations for the developmental disabilities program to any other program or subprograms of the department of social and health services.
Sec. 202. 2021 c 334 s 202 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF SOCIAL AND HEALTH SERVICESMENTAL HEALTH PROGRAM
(1) INSTITUTIONAL SERVICES
General FundState Appropriation (FY 2022)
. . . .
(($435,890,000))
     
$394,084,000
General FundState Appropriation (FY 2023)
. . . .
(($436,264,000))
     
$480,513,000
General FundFederal Appropriation
. . . .
(($142,531,000))
     
$150,357,000
General FundPrivate/Local Appropriation
. . . .
(($21,540,000))
     
$15,528,000
Coronavirus State Fiscal Recovery FundFederal
Appropriation
. . . .
$8,853,000
TOTAL APPROPRIATION
. . . .
(($1,036,225,000))
     
$1,049,335,000
The appropriations in this subsection are subject to the following conditions and limitations:
(a) The state psychiatric hospitals may use funds appropriated in this subsection to purchase goods, services, and supplies through hospital group purchasing organizations when it is cost-effective to do so.
(b) $311,000 of the general fund—state appropriation for fiscal year 2022 and $310,000 of the general fund—state appropriation for fiscal year 2023 are provided solely for a community partnership between western state hospital and the city of Lakewood to support community policing efforts in the Lakewood community surrounding western state hospital. The amounts provided in this subsection (1)(b) are for the salaries, benefits, supplies, and equipment for one full-time investigator, one full-time police officer, and one full-time community service officer at the city of Lakewood. The department must collect data from the city of Lakewood on the use of the funds and the number of calls responded to by the community policing program and submit a report with this information to the office of financial management and the appropriate fiscal committees of the legislature each December of the fiscal biennium.
(c) $45,000 of the general fund—state appropriation for fiscal year 2022 and $45,000 of the general fund—state appropriation for fiscal year 2023 are provided solely for payment to the city of Lakewood for police services provided by the city at western state hospital and adjacent areas.
(d) $19,000 of the general fundstate appropriation for fiscal year 2022 and $19,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for payment to the city of Medical Lake for police services provided by the city at eastern state hospital and adjacent areas.
(e) $135,000 of the general fund—state appropriation for fiscal year 2022 and $135,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for the department to maintain an on-site safety compliance officer, stationed at Western State Hospital, to provide oversight and accountability of the hospital's response to safety concerns regarding the hospital's work environment.
(f) $100,000 of the general fundstate appropriation for fiscal year 2022 and $100,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for the department to track compliance with RCW 71.05.365 requirements for transition of state hospital patients into community settings within fourteen days of the determination that they no longer require active psychiatric treatment at an inpatient level of care. The department must use these funds to track the following elements related to this requirement: (i) The date on which an individual is determined to no longer require active psychiatric treatment at an inpatient level of care; (ii) the date on which the behavioral health entities and other organizations responsible for resource management services for the person is notified of this determination; and (iii) the date on which either the individual is transitioned to the community or has been re-evaluated and determined to again require active psychiatric treatment at an inpatient level of care. The department must provide this information in regular intervals to behavioral health entities and other organizations responsible for resource management services. The department must summarize the information and provide a report to the office of financial management and the appropriate committees of the legislature on progress toward meeting the fourteen day standard by December 1, 2021, and December 1, 2022.
(g) $250,000 of the general fundstate appropriation for fiscal year 2022 and $250,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for the department, in collaboration with the health care authority, to develop and implement a predictive modeling tool which identifies clients who are at high risk of future involvement with the criminal justice system and for developing a model to estimate demand for civil and forensic state hospital bed needs pursuant to the following requirements.
(i) By the first day of each December during the biennium, the department, in coordination with the health care authority, must submit a report to the office of financial management and the appropriate committees of the legislature which summarizes how the predictive modeling tool has been implemented and includes the following: (A) The numbers of individuals identified by the tool as having a high risk of future criminal justice involvement; (B) the method and frequency for which the department is providing lists of high-risk clients to contracted managed care organizations and behavioral health administrative services organizations; (C) a summary of how the managed care organizations and behavioral health administrative services organizations are utilizing the data to improve the coordination of care for the identified individuals; and (D) a summary of the administrative data to identify whether implementation of the tool is resulting in increased access and service levels and lower recidivism rates for high-risk clients at the state and regional level.
(ii) The department must provide staff support for the forensic and long-term civil commitment bed forecast which must be conducted under the direction of the office of financial management. The forecast methodology, updates, and methodology changes must be conducted in coordination with staff from the department, the health care authority, the office of financial management, and the appropriate fiscal committees of the state legislature. The model shall incorporate factors for capacity in state hospitals as well as contracted facilities, which provide similar levels of care, referral patterns, wait lists, lengths of stay, and other factors identified as appropriate for estimating the number of beds needed to meet the demand for civil and forensic state hospital services. Factors should include identification of need for the services and analysis of the effect of community investments in behavioral health services and other types of beds that may reduce the need for long-term civil commitment needs. The forecast must be updated each February, June, and November during the biennium and the department must submit a report to the legislature and the appropriate committees of the legislature summarizing the updated forecast based on the caseload forecast council's schedule for entitlement program forecasts.
(h) $5,049,000 of the general fundstate appropriation for fiscal year 2022 and $5,075,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for the phase-in of the settlement agreement under Trueblood, et al. v. Department of Social and Health Services, et al., United States District Court for the Western District of Washington, Cause No. 14-cv-01178-MJP. The department, in collaboration with the health care authority and the criminal justice training commission, must implement the provisions of the settlement agreement pursuant to the timeline and implementation plan provided for under the settlement agreement. This includes implementing provisions related to competency evaluations, competency restoration, forensic navigators, crisis diversion and supports, education and training, and workforce development.
(i) $7,147,000 of the general fundstate appropriation for fiscal year 2022 and $7,147,000 of the general fundstate appropriation for fiscal year 2023 are provided solely to maintain implementation of efforts to improve the timeliness of competency evaluation services for individuals who are in local jails pursuant to chapter 5, Laws of 2015 (timeliness of competency treatment and evaluation services). This funding must be used solely to maintain increases in the number of competency evaluators that began in fiscal year 2016 pursuant to the settlement agreement under Trueblood, et al. v. Department of Social and Health Services, et al., United States District Court for the Western District of Washington, Cause No. 14-cv-01178-MJP.
(j) $71,690,000 of the general fundstate appropriation for fiscal year 2022, $77,825,000 of the general fundstate appropriation for fiscal year 2023, and $2,541,000 of the general fundfederal appropriation are provided solely for implementation of efforts to improve the timeliness of competency restoration services pursuant to chapter 5, Laws of 2015 (timeliness of competency treatment and evaluation services) and the settlement agreement under Trueblood, et al. v. Department of Social and Health Services, et al., United States District Court for the Western District of Washington, Cause No. 14-cv-01178-MJP. These amounts must be used to maintain increases that were implemented between fiscal year 2016 and fiscal year 2021, and further increase the number of forensic beds at western state hospital during the 2021-2023 fiscal biennium. Pursuant to chapter 7, Laws of 2015 1st sp. sess. (timeliness of competency treatment and evaluation services), the department may contract some of these amounts for services at alternative locations if the secretary determines that there is a need.
(k) $76,029,000 of the general fundstate appropriation for fiscal year 2022 and (($59,784,000))$65,875,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for the department to continue to implement an acuity based staffing tool at western state hospital and eastern state hospital in collaboration with the hospital staffing committees. The staffing tool must be used to identify, on a daily basis, the clinical acuity on each patient ward and determine the minimum level of direct care staff by profession to be deployed to meet the needs of the patients on each ward. The department must evaluate interrater reliability of the tool within each hospital and between the two hospitals. The department must also continue to update, in collaboration with the office of financial management's labor relations office, the staffing committees, and state labor unions, an overall state hospital staffing plan that looks at all positions and functions of the facilities.
(i) Within the amounts provided in this section, the department must establish, monitor, track, and report monthly staffing and expenditures at the state hospitals, including overtime and use of locums, to the functional categories identified in the recommended staffing plan. The allotments and tracking of staffing and expenditures must include all areas of the state hospitals, must be done at the ward level, and must include contracted facilities providing forensic restoration services as well as the office of forensic mental health services.
(ii) By December 1, 2021, and December 1, 2022, the department must submit reports to the office of financial management and the appropriate committees of the legislature that provide a comparison of monthly spending, staffing levels, overtime, and use of locums for the prior year compared to allotments and to the recommended state hospital staffing model. The format for these reports must be developed in consultation with staff from the office of financial management and the appropriate committees of the legislature. The reports must include a summary of the results of the evaluation of the interrater reliability in use of the staffing acuity tool and an update from the hospital staffing committees.
(iii) Monthly staffing levels and related expenditures at the state hospitals must not exceed official allotments without prior written approval from the director of the office of financial management. In the event the director of the office of financial management approves an increase in monthly staffing levels and expenditures beyond what is budgeted, notice must be provided to the appropriate committees of the legislature within 30 days of such approval. The notice must identify the reason for the authorization to exceed budgeted staffing levels and the time frame for the authorization. Extensions of authorizations under this subsection must also be submitted to the director of the office of financial management for written approval in advance of the expiration of an authorization. The office of financial management must notify the appropriate committees of the legislature of any extensions of authorizations granted under this subsection within 30 days of granting such authorizations and identify the reason and time frame for the extension.
(l) (($10,581,000))$4,681,000 of the general fundstate appropriation for fiscal year 2022 and $10,581,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for the department to implement strategies to improve patient and staff safety at eastern and western state hospitals. These amounts must be used for continuing to implement a new intensive care model program at western state hospital and maintaining prior investments in training and other safety-related staff support at both hospitals. A report must be submitted by December 1, 2021, and December 1, 2022, which includes a description of the ((intensive care model being implemented))violence reduction or safety strategy, a profile of the types of patients being served ((at the program)), the staffing model being used ((for the program)), and outcomes associated with ((the program))each strategy. The outcomes section should include tracking data on facility-wide metrics related to patient and staff safety as well as individual outcomes related to the patients served ((on the unit)).
(m) $2,593,000 of the general fundstate appropriation for fiscal year 2022 and $2,593,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for the department to increase services to patients found not guilty by reason of insanity under the Ross v. ((Laswhay))Lashway settlement agreement.
(n) Within the amounts provided in this subsection, the department must develop and submit an annual state hospital performance report for eastern and western state hospitals. Each measure included in the performance report must include baseline performance data, agency performance targets, and performance for the most recent fiscal year. The performance report must include a one page dashboard as well as charts for each fiscal and quality of care measure broken out by hospital and including but not limited to (i) monthly FTE expenditures compared to allotments; (ii) monthly dollar expenditures compared to allotments; (iii) monthly FTE expenditures per thousand patient bed days; (iv) monthly dollar expenditures per thousand patient bed days; (v) percentage of FTE expenditures for overtime; (vi) average length of stay by category of patient; (vii) average monthly civil wait list; (viii) average monthly forensic wait list; (ix) rate of staff assaults per thousand patient bed days; (x) rate of patient assaults per thousand patient bed days; (xi) average number of days to release after a patient has been determined to be clinically ready for discharge; and (xii) average monthly vacancy rates for key clinical positions. The department must submit the state hospital performance report to the office of financial management and the appropriate committees of the legislature by the first day of each December of the biennium.
(o) (($3,846,000))$3,773,000 of the general fundstate appropriation for fiscal year 2022, (($3,846,000))$4,099,000 of the general fundstate appropriation for fiscal year 2023, and (($7,692,000))$4,772,000 of the general fundfederal appropriation are provided solely to open a new unit at the child study treatment center which shall serve up to 18 children.
(p) (($2,941,000))$159,000 of the general fundstate appropriation for fiscal year 2023 ((and $2,941,000 of the general fundfederal appropriation are))is provided solely for the department to operate a 16 bed facility located in Clark county to provide long-term inpatient care beds as defined in RCW 71.24.025. The department must use this facility to provide treatment services for individuals who have been committed to a state hospital pursuant to the dismissal of criminal charges and a civil evaluation ordered under RCW 10.77.086 or 10.77.088. The department must develop and implement a protocol to assess the risk of patients being considered for placement in this facility and determine whether the level of security and treatment services is appropriate to meet the patient's needs. The department must submit a report to the office of financial management and the appropriate committees of the legislature by December 1, 2022, providing a description of the protocol and a status update on progress toward opening the new facility.
(q) $1,382,000 of the general fundstate appropriation for fiscal year 2022, $5,092,000 of the general fundstate appropriation for fiscal year 2023, and $5,092,000 of the general fundfederal appropriation is provided solely for the department to operate a 16 bed facility on the Maple Lane campus to provide long-term inpatient care beds as defined in RCW 71.24.025. The facility must have the capacity to provide treatment services to individuals committed under chapter 71.05 RCW including individuals who have been committed to a state hospital pursuant to the dismissal of criminal charges and a civil evaluation ordered under RCW 10.77.086 or 10.77.088. The department must develop and implement a protocol to assess the risk of patients being considered for placement in this facility and determine whether the level of security and treatment services is appropriate to meet the patient's needs. The department must submit a report to the office of financial management and the appropriate committees of the legislature by December 1, 2021, providing a description of the protocol and a status update on progress toward opening the new facility.
(r) $4,316,000 of the general fundstate appropriation for fiscal year 2023 is provided solely for the department to operate the Columbia cottage at Maple Lane as a 30 bed facility to serve individuals who have been acquitted of a crime by reason of insanity and subsequently ordered to receive treatment services under RCW 10.77.120. The department must develop and implement a protocol to assess the risk of patients being considered for placement in this facility and determine whether the level of security and treatment services is appropriate to meet the patient's needs. The department must submit a report to the office of financial management and the appropriate committees of the legislature by December 1, 2022, providing a description of the protocol and a status update on progress toward the opening of Columbia cottage.
(s) Within the amounts provided in this section, the department is provided funding to operate civil long-term inpatient beds at the state hospitals as follows:
(i) Funding is sufficient for the department to operate 192 civil beds at eastern state hospital in both fiscal year 2022 and fiscal year 2023.
(ii) Funding for civil beds at western state hospital is reduced during this period to allow for a phased reduction of six wards from 467 to 287 civil beds.
(iii) The closure of western state hospital civil wards shall be implemented according to the following schedule: (A) First ward closure by July 1, 2021; (B) second ward closure by November 1, 2021; (C) third ward closure by March 1, 2022; (D) fourth ward closure by July 1, 2022; (E) fifth ward closure by November 1, 2022; and (F) sixth ward closure by April 1, 2023.
(iv) The department shall fully operate funded civil capacity at eastern state hospital, including reopening and operating civil beds that are not needed for eastern Washington residents to provide services for western Washington residents.
(v) The department shall coordinate with the health care authority toward development of the plan for increasing community capacity for long-term inpatient services required under section 215(67) of this act.
(vi) It is the intent of the legislature to close additional civil wards at western state hospital during the 2023-2025 fiscal biennium.
(vii) It is the intent of the legislature to stop using western state hospital buildings 17, 19, 20, and 21, which were built before the 1950s, for patient care by fiscal year 2027.
(t) $360,000 of the general fundstate appropriation for fiscal year 2023 is provided solely for the department to implement Engrossed Second Substitute House Bill No. 1086 (behavioral health consumers). The amount in this subsection is provided solely for the department's costs associated with providing access to and following up on referrals from behavioral health consumer advocates in state operated mental health facilities. The department must track the number of monthly cases in which access to behavioral health consumer advocates was provided for patients in state operated mental health facilities and the number of these which resulted in subsequent follow-up investigation by the department. The department must submit a preliminary report to the office of financial management and the appropriate committees of the legislature on the number of monthly cases and follow-up investigations by December 1, 2022, and a final report by June 30, 2023. ((If the bill is not enacted by June 30, 2021, the amount provided in this subsection shall lapse.))
(u) $1,190,000 of the general fundstate appropriation for fiscal year 2023 is provided solely for implementation of Second Substitute Senate Bill No. 5664 (forensic competency programs). If the bill is not enacted by June 30, 2022, the amounts provided in this subsection shall lapse.
(v) $62,000 of the general fundstate appropriation for fiscal year 2022, $2,648,000 of the general fundstate appropriation for fiscal year 2023, and $373,000 of the general fundfederal appropriation are provided solely for implementation of Second Substitute Senate Bill No. 5807 (state hospitals). If the bill is not enacted by June 30, 2022, the amounts provided in this subsection shall lapse.
(2) PROGRAM SUPPORT
General FundState Appropriation (FY 2022)
. . . .
(($5,936,000))
     
$5,885,000
General FundState Appropriation (FY 2023)
. . . .
(($5,929,000))
     
$6,107,000
General FundFederal Appropriation
. . . .
(($366,000))
     
$412,000
TOTAL APPROPRIATION
. . . .
(($12,231,000))
     
$12,404,000
Sec. 203. 2021 c 334 s 203 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF SOCIAL AND HEALTH SERVICESDEVELOPMENTAL DISABILITIES PROGRAM
(1) COMMUNITY SERVICES
General FundState Appropriation (FY 2022)
. . . .
(($747,646,000))
     
$704,097,000
General FundState Appropriation (FY 2023)
. . . .
(($948,278,000))
     
$1,036,861,000
General FundFederal Appropriation
. . . .
(($2,086,801,000))
     
$2,224,728,000
General FundPrivate/Local Appropriation
. . . .
$4,058,000
Developmental Disabilities Community Services
AccountState Appropriation
. . . .
$52,000,000
Coronavirus State Fiscal Recovery FundFederal
Appropriation
. . . .
$984,000
TOTAL APPROPRIATION
. . . .
(($3,838,783,000))
     
$4,022,728,000
The appropriations in this subsection are subject to the following conditions and limitations:
(a) Individuals receiving services as supplemental security income (SSI) state supplemental payments may not become eligible for medical assistance under RCW 74.09.510 due solely to the receipt of SSI state supplemental payments.
(b) In accordance with RCW 18.51.050, 18.20.050, 70.128.060, and 43.135.055, the department is authorized to increase nursing facility, assisted living facility, and adult family home fees as necessary to fully support the actual costs of conducting the licensure, inspection, and regulatory programs. The license fees may not exceed the department's annual licensing and oversight activity costs and shall include the department's cost of paying providers for the amount of the license fee attributed to medicaid clients.
(i) The current annual renewal license fee for adult family homes is $225 per bed beginning in fiscal year 2022 and $225 per bed beginning in fiscal year 2023. A processing fee of $2,750 must be charged to each adult family home when the home is initially licensed. This fee is nonrefundable. A processing fee of $700 must be charged when adult family home providers file a change of ownership application.
(ii) The current annual renewal license fee for assisted living facilities is $116 per bed beginning in fiscal year 2022 and $116 per bed beginning in fiscal year 2023.
(iii) The current annual renewal license fee for nursing facilities is $359 per bed beginning in fiscal year 2022 and $359 per bed beginning in fiscal year 2023.
(c)(i) $2,648,000 of the general fundstate appropriation for fiscal year 2022, $8,946,000 of the general fundstate appropriation for fiscal year 2023, and $16,665,000 of the general fundfederal appropriation are provided solely for the implementation of the agreement reached between the governor and the service employees international union healthcare 775nw under the provisions of chapters 74.39A and 41.56 RCW for the 2021-2023 fiscal biennium, as provided in section 946 of this act.
(ii) $8,764,000 of the general fundstate appropriation for fiscal year 2023 and $11,156,000 of the general fundfederal appropriation are provided solely for the implementation of the agreement reached between the governor and the service employees international union healthcare 775nw under the provisions of chapters 74.39A and 41.56 RCW for fiscal year 2023, as provided in section 935 of this act.
(d)(i) $291,000 of the general fundstate appropriation for fiscal year 2022, $992,000 of the general fundstate appropriation for fiscal year 2023, and $1,844,000 of the general fundfederal appropriation are provided solely for the homecare agency parity impacts of the agreement between the governor and the service employees international union healthcare 775nw.
(ii) $953,000 of the general fundstate appropriation for fiscal year 2023 and $1,214,000 of the general fundfederal appropriation are provided solely for the homecare agency parity impacts of the agreement between the governor and the service employees international union healthcare 775nw.
(e)(i) $540,000 of the general fundstate appropriation for fiscal year 2022, $860,000 of the general fundstate appropriation for fiscal year 2023, and $1,881,000 of the general fundfederal appropriation are provided solely for the implementation of an agreement reached between the governor and the adult family home council under the provisions of chapter 41.56 RCW for the 2021-2023 fiscal biennium, as provided in section 948 of this act.
(ii) $1,389,000 of the general fundstate appropriation for fiscal year 2023 and $1,278,000 of the general fundfederal appropriation are provided solely for the implementation of an agreement reached between the governor and the adult family home council under the provisions of chapter 41.56 RCW for fiscal year 2023, as provided in section 937 of this act.
(f) The department may authorize a one-time waiver of all or any portion of the licensing and processing fees required under RCW 70.128.060 in any case in which the department determines that an adult family home is being relicensed because of exceptional circumstances, such as death or incapacity of a provider, and that to require the full payment of the licensing and processing fees would present a hardship to the applicant. In these situations the department is also granted the authority to waive the required residential administrator training for a period of 120 days if necessary to ensure continuity of care during the relicensing process.
(g) Community residential cost reports that are submitted by or on behalf of contracted agency providers are required to include information about agency staffing including health insurance, wages, number of positions, and turnover.
(h) Sufficient appropriations are provided to continue community alternative placement beds that prioritize the transition of clients who are ready for discharge from the state psychiatric hospitals, but who have additional long-term care or developmental disability needs.
(i) Community alternative placement beds include enhanced service facility beds, adult family home beds, skilled nursing facility beds, shared supportive housing beds, state operated living alternative beds, and assisted living facility beds.
(ii) Each client must receive an individualized assessment prior to leaving one of the state psychiatric hospitals. The individualized assessment must identify and authorize personal care, nursing care, behavioral health stabilization, physical therapy, or other necessary services to meet the unique needs of each client. It is the expectation that, in most cases, staffing ratios in all community alternative placement options described in (h)(i) of this subsection will need to increase to meet the needs of clients leaving the state psychiatric hospitals. If specialized training is necessary to meet the needs of a client before he or she enters a community placement, then the person centered service plan must also identify and authorize this training.
(iii) When reviewing placement options, the department must consider the safety of other residents, as well as the safety of staff, in a facility. An initial evaluation of each placement, including any documented safety concerns, must occur within thirty days of a client leaving one of the state psychiatric hospitals and entering one of the community placement options described in (h)(i) of this subsection. At a minimum, the department must perform two additional evaluations of each placement during the first year that a client has lived in the facility.
(iv) In developing bed capacity, the department shall consider the complex needs of individuals waiting for discharge from the state psychiatric hospitals.
(i) Sufficient appropriations are provided for discharge case managers stationed at the state psychiatric hospitals. Discharge case managers will transition clients ready for hospital discharge into less restrictive alternative community placements. The transition of clients ready for discharge will free up bed capacity at the state psychiatric hospitals.
(j) $4,000 of the general fundstate appropriation for fiscal year 2022, (($17,000))$37,000 of the general fundstate appropriation for fiscal year 2023, and (($23,000))$42,000 of the general fundfederal appropriation are provided solely for a cost of living adjustment to the personal needs allowance pursuant to RCW 74.09.340.
(k) The department will work with the health care authority and Washington state's managed care organizations to establish recommendations for clients who live in the community to access the developmental disabilities administration's facility-based professionals to receive care covered under the state plan. If feasible, these recommendations should detail how to enable facility-based professionals to deliver services at mobile or brick-and-mortar clinical settings in the community. The department must submit its recommendations to the appropriate legislative committees no later than December 1, ((2021))2022.
(l) The department of social and health services must claim the enhanced federal medical assistance participation rate for home and community-based services offered under section 9817 of the American rescue plan act of 2021 (ARPA). Appropriations made that constitute supplementation of home and community-based services as defined in section 9817 of ARPA are listed in LEAP omnibus document HCBS-2021.
(m) $300,000 of the general fundstate appropriation for fiscal year 2023 and $226,000 of the general fundfederal appropriation are provided solely to implement Engrossed Second Substitute House Bill No. 1086 (behavioral health consumers). ((If the bill is not enacted by June 30, 2021, the amounts provided in this subsection shall lapse.))
(n) $408,000 of the general fundstate appropriation for fiscal year 2022, $416,000 of the general fundstate appropriation for fiscal year 2023, and $474,000 of the general fundfederal appropriation are provided solely to implement Second Substitute House Bill No. 1061 (child welfare/developmental disability). ((If the bill is not enacted by June 30, 2021, the amounts provided in this subsection shall lapse.))
(o) $3,474,000 of the general fundstate appropriation for fiscal year 2022, $11,423,000 of the general fundstate appropriation for fiscal year 2023, and $15,262,000 of the general fundfederal appropriation are provided solely to increase rates for community residential service providers offering supported living, group home, group training home, and licensed staff residential services to individuals with developmental disabilities. The amounts provided in this subsection (o) include funding to increase the provider rate by 2.0 percent effective January 1, 2022, and by an additional 2.0 percent effective January 1, 2023. Both 2.0 percent rate increases must be used to support providers' ability to maintain direct care staff wages above the statewide minimum wage.
(p) The annual certification renewal fee for community residential service businesses is $859 per client in fiscal year 2022 and $859 per client in fiscal year 2023. The annual certification renewal fee may not exceed the department's annual licensing and oversight activity costs.
(q) The appropriations in this section include sufficient funding to implement chapter 220, Laws of 2020 (adult family homes/8 beds). A nonrefundable fee of $485 shall be charged for each application to increase bed capacity at an adult family home to seven or eight beds.
(r) $39,000 of the general fundstate appropriation for fiscal year 2022, $49,000 of the general fundstate appropriation for fiscal year 2023, and $131,000 of the general fundfederal appropriation are provided solely to increase the administrative rate for home care agencies by five cents per hour effective July 1, 2021.
(s) $1,705,000 of the general fundstate appropriation for fiscal year 2022, $1,688,000 of the general fundstate appropriation for fiscal year 2023, and $1,465,000 of the general fundfederal appropriation are provided solely for the development and implementation of 13 enhanced respite beds across the state for children. These services are intended to provide families and caregivers with a break in caregiving, the opportunity for behavioral stabilization of the child, and the ability to partner with the state in the development of an individualized service plan that allows the child to remain in his or her family home. The department must provide the legislature with a respite utilization report in January of each year that provides information about the number of children who have used enhanced respite in the preceding year, as well as the location and number of days per month that each respite bed was occupied.
(t) $2,025,000 of the general fundstate appropriation for fiscal year 2022 and $2,006,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for the development and implementation of 13 community respite beds across the state for adults. These services are intended to provide families and caregivers with a break in caregiving and the opportunity for stabilization of the individual in a community-based setting as an alternative to using a residential habilitation center to provide planned or emergent respite. The department must provide the legislature with a respite utilization report by January of each year that provides information about the number of individuals who have used community respite in the preceding year, as well as the location and number of days per month that each respite bed was occupied.
(u) (($18,733,000))$43,535,000 of the general fundstate appropriation for fiscal year 2022, $12,458,000 of the general fundstate appropriation for fiscal year 2023, and (($46,342,000))$110,501,000 of the general fundfederal appropriation are provided solely to continue providing rate add-ons for contracted service providers to address the increased costs associated with serving clients during the COVID-19 pandemic ((through the end of calendar year 2021)).
(v) $78,000 of the general fundstate appropriation for fiscal year 2022, $75,000 of the general fundstate appropriation for fiscal year 2023, and $113,000 of the general fundfederal appropriation are provided solely for implementation of Engrossed Substitute Senate Bill No. 5284 (subminimum wage/disabilities). ((If the bill is not enacted by June 30, 2021, the amounts provided in this subsection shall lapse.))
(w) Funding in this section is sufficient to implement chapter 352, laws of 2020 (developmental disabilities budgeting), including a review of the no-paid services caseload and to update the information to accurately reflect a current headcount of eligible persons and the number of persons contacted who are currently interested in receiving a paid service. It is the intent of the legislature that the department will, as required in chapter 252, laws of 2020 (developmental disabilities budgeting), submit a report of this information to the governor and the appropriate committees of the legislature by December 1, 2021. It is also the intent of the legislature that the necessary paid services identified with completion of this report will be adequately funded by the conclusion of fiscal year 2024.
(x) $1,387,000 of the general fundstate appropriation for fiscal year 2022, $2,641,000 of the general fundstate appropriation for fiscal year 2023, and $4,250,000 of the general fundfederal appropriation are provided solely to increase the capacity of the children's intensive in-home behavioral supports waiver by 100 slots.
(y) $19,648,000 of the general fundstate appropriation for fiscal year 2023 and $25,006,000 of the general fundfederal appropriation are provided solely for the purposes of settling all claims in the two related cases Liang et al v. Washington DSHS et al, Thurston county superior court case no. 20-2-02506-34 and SEIU 775 v. Washington DSHS et al, Thurston county superior court case no. 18-2-05584-34, Washington supreme court case no. 99658-8. The expenditure of these amounts is contingent upon the release of all claims in both cited cases, and total settlement costs shall not exceed the amounts provided in this subsection and section 204(45) of this act. If the settlement agreement is not fully executed and approved by the Thurston county superior court by June 30, 2023, the amounts provided in this subsection shall lapse.
(z) $205,000 of the general fundstate appropriation for fiscal year 2022, $232,000 of the general fundstate appropriation for fiscal year 2023, and $590,000 of the general fundfederal appropriation are provided solely for the department of social and health services to examine the capabilities of the community residential settings and services; to improve cross-system coordination; and to begin the process of redesigning state-operated intermediate care facilities to function as short-term crisis stabilization and intervention. Of the amounts provided in this subsection (1)(((y)))(z):
(i) $159,000 of the general fundstate appropriation for fiscal year 2022, $186,000 of the general fundstate appropriation for fiscal year 2023, and $310,000 of the general fundfederal appropriation are provided solely for the department of social and health services to:
(A) Beginning with the governor's budget proposal submitted in December 2022, submit a budget request for expenditures associated with anticipated demand for services under the individual and family services waiver, the basic plus waiver, and the number of individuals who are expected to reside in state-operated living alternatives for consideration by the governor and the legislature for inclusion in maintenance level budgets;
(B) Examine the need for community respite beds to serve eligible individuals and stabilization, assessment, and intervention beds to provide crisis stabilization services for individuals with complex behavioral needs. A preliminary report must be submitted no later than October 1, 2022, with a final report submitted no later than October 1, 2023, to the governor and the appropriate committees of the legislature that estimates the number of beds needed in fiscal years 2023 through 2025, recommends geographic locations of these beds, provides options for contracting with community providers for these beds, provides options for utilizing existing intermediate care facilities to meet these needs, and recommends whether or not an increase to respite hours is needed;
(C) Contract with a private vendor for a study of medicaid rates for contracted community residential service providers. The study must be submitted to the governor and the appropriate committees of the legislature no later than December 1, 2023, and must include:
(I) A recommendation of rates needed for facilities to cover their costs and adequately recruit, train, and retain direct care professionals;
(II) Recommendations for an enhanced rate structure, including when and for whom this rate structure would be appropriate; and
(III) An assessment of options for an alternative, opt-in rate structure for contracted supported living providers who voluntarily serve individuals with complex behaviors, complete additional training, and submit to additional monitoring;
(D) Submit by October 1, 2022, a five-year plan to phase-in the appropriate level of funding and staffing to achieve case management ratios of one case manager to no more than 35 clients. The five-year plan must include:
(I) An analysis of current procedures to hire and train new staff within the developmental disabilities administration of the department of social and health services;
(II) Identification of any necessary changes to these procedures to ensure a more efficient and timely process for hiring and training staff; and
(III) Identification of the number of new hires needed on an annual basis to achieve the phased implementation included in the five-year plan;
(E) Collaborate with appropriate stakeholders to develop uniform quality assurance metrics that are applied across community residential settings, intermediate care facilities, and state-operated nursing facilities and submit a report of these activities to the governor and the legislature no later than June 30, 2023;
(F) Collaborate with the developmental disabilities council to improve cross-system coordination and submit a report of the activities and any recommendations for policy or fiscal changes to the governor and the legislature no later than October 1, 2022, for consideration in the 2023 legislative session that describes collaborating with the developmental disabilities council to:
(I) Coordinate collaboration efforts among relevant stakeholders to develop and disseminate best practices related to serving individuals with cooccurring intellectual and developmental disabilities and mental health conditions;
(II) Work with Washington state's apprenticeship and training council, colleges, and universities to establish medical, dental, nursing, and direct care apprenticeship programs that would address gaps in provider training and overall competence;
(III) Devise options for consideration by the governor and the legislature to prioritize funding for housing for individuals with intellectual and developmental disabilities when a lack of affordable housing is the barrier preventing an individual from moving to a least restrictive community setting; and
(IV) Coordinate collaboration efforts among relevant stakeholders to examine existing law with regard to guardianship and protective proceedings and make any necessary recommendations for changes to existing law to ensure that guardianship or other protective proceedings are designed to provide individuals with intellectual and developmental disabilities with the decision making support they require to live as independently as possible in the least restrictive environment, including consideration of mechanisms that enable regular payment for services rendered by these legal representatives when appropriate; and
(G) Develop procedures that ensure that placement in an intermediate care facility is temporary and submit a report of these efforts, including any necessary recommendations for policy or fiscal changes, to the governor and the legislature for consideration in the 2022 legislative session no later than November 1, 2021, that describes the development of procedures that ensure that:
(I) Clear, written, and verbal information is provided to the individual and their family member that explains that placement in the intermediate care facility is temporary and what constitutes continuous aggressive active treatment and its eligibility implications;
(II) Discharge planning begins immediately upon placement of an individual within the intermediate care facility and that the individual and their family member is provided clear descriptions of all placement options and their requirements;
(III) When crisis stabilization services are available in the community, the individual is presented with the option to receive services in the community prior to placement in an intermediate care facility; and
(IV) When the individual has not achieved crisis stabilization after 60 days of initial placement in the intermediate care facility, the department of social and health services must convene the individual's team of care providers including, but not limited to, the individual's case manager, the individual's community-based providers, and, if applicable, the individual's managed care organization to review and make any necessary changes to the individual's crisis stabilization care plan.
(ii) $46,000 of the general fundstate appropriation in fiscal year 2022, $46,000 of the general fundstate appropriation in fiscal year 2023, and $280,000 of the general fundfederal appropriation are provided solely to establish peer mentors to connect each client in an intermediate care facility with a mentor to assist in their transition planning. No later than November 1, 2021, the department of social and health services must submit a report describing these efforts and make any necessary recommendations for policy or fiscal changes to the governor and the legislature for consideration in the 2022 legislative session.
(((z)))(aa) Appropriations provided in this section are sufficient to implement Substitute Senate Bill No. 5258 (consumer directed employers).
(((aa)))(bb) $63,000 of the general fundstate appropriation for fiscal year 2022, $13,000 of the general fundstate appropriation for fiscal year 2023, and $77,000 of the general fundfederal appropriation are provided solely to implement Substitute House Bill No. 1411 (health care workforce). ((If the bill is not enacted by June 30, 2021, the amounts provided in this subsection shall lapse.))
(cc) $123,000 of the general fundstate appropriation for fiscal year 2023 and $156,000 of the general fundfederal appropriation are provided solely for wages and benefits of home care agency workers who provide direct care.
(dd) $80,000 of the general fundstate appropriation for fiscal year 2023 and $61,000 of the general fundfederal appropriation are provided solely for the department to hire one full-time employee to provide advice, evaluations, and recommendations on technological tools to clients, providers, and case managers.
(ee)(i) $2,172,000 of the general fundstate appropriation for fiscal year 2023 and $1,666,000 of the general fundfederal appropriation are provided solely to establish transition coordination teams to coordinate transitions of care for clients who move from one care setting to another. No later than December 1, 2022, the department of social and health services shall submit a preliminary report to the appropriate committees of the legislature that details how the funds were utilized and the associated outcomes including but not limited to:
(A) A detailed reporting of the number of clients served, the settings in which clients received care, and the progress made toward increasing stability of client placements;
(B) A comparison of these outcomes against the outcomes achieved in prior fiscal years;
(C) A description of lessons learned since the transition coordination teams were first implemented, including an identification of what processes were improved to reduce the timelines for completion; and
(D) Recommendations for changes necessary to the transition coordination teams to improve increasing stability of client placements.
(ii) It is the intent of the legislature that the department of social and health services submit annual reports of this information beginning in fiscal year 2024.
(ff)(i) $204,000 of the general fundstate appropriation for fiscal year 2022, $1,511,000 of the general fundstate appropriation for fiscal year 2023, and $988,000 of the general fundfederal appropriation are provided solely for service rate increases paid to contracted providers of community engagement, supported parenting, and respite services. Prior to the provider receiving the rate increase, the department of social and health services shall revise any existing contract and implement in any new contract a requirement that providers agree to use the funds solely for allowable costs associated with service delivery. The contract language must also provide that if funding is used for unallowable costs, the provider will immediately refund that portion of the funding that is unallowed.
(ii) No later than December 1, 2022, the department of social and health services shall submit a preliminary report to the appropriate committees of the legislature that details how the funds were utilized and the associated outcomes, including a detailed accounting of utilization of services and any changes in the utilization as a result of this funding. The department shall submit a final report of this information no later than June 30, 2023.
(gg) $1,413,000 of the general fundstate appropriation for fiscal year 2023 and $1,084,000 of the general fundfederal appropriation are provided solely to hire additional staff to reduce the timeline for completion of financial eligibility determinations. No later than December 31, 2022, the department of social and health services shall submit a preliminary report to the appropriate committees of the legislature that details how the funds were utilized and the associated outcomes, including, but not limited to, a description of how the timeline for completion of these determinations has changed. A final report of this information must be submitted no later than June 30, 2023.
(hh) $228,000 of the general fundstate appropriation for fiscal year 2023 and $284,000 of the general fundfederal appropriation are provided solely to increase funding of the assisted living medicaid methodology established in RCW 74.39A.032 to 68 percent of full methodology funding, effective July 1, 2022.
(ii) $1,046,000 of the general fundstate appropriation for fiscal year 2023 and $722,000 of the general fundfederal appropriation are provided solely for implementation of Engrossed Substitute Senate Bill No. 5268 (dev. disability services). If the bill is not enacted by June 30, 2022, the amounts provided in this subsection shall lapse.
(jj) $91,000 of the general fundstate appropriation for fiscal year 2023 and $71,000 of the general fundfederal appropriation are provided solely for implementation of Substitute Senate Bill No. 5620 (medicaid expenditures). If the bill is not enacted by June 30, 2022, the amounts provided in this subsection shall lapse.
(kk) $2,581,000 of the general fundstate appropriation for fiscal year 2023 and $2,060,000 of the general fundfederal appropriation are provided solely for implementation of Substitute Senate Bill No. 5819 (DDA no-paid caseload). If the bill is not enacted by June 30, 2022, the amounts provided in this subsection shall lapse.
(ll) $4,188,000 of the general fundstate appropriation for fiscal year 2023 and $4,106,000 of the general fundfederal appropriation are provided solely to increase contracted rates for supported employment and community inclusion providers. The temporary contracted rate in effect through June 30, 2022, shall become the new contracted rate beginning July 1, 2022. The department shall conduct a comprehensive study of the current rate structure paid to supported employment and community inclusion providers. No later than October 1, 2022, the department must submit to the governor and the appropriate committees of the legislature a report of this study that includes, but is not limited to, the following:
(i) An overview of the current system and how it operates, including an overview of the current rate structure;
(ii) A description of the organizational components and costs associated with the delivery of supported employment and community inclusion services that achieve client outcomes;
(iii) A recommendation of the rates needed for providers to cover their costs and maintain the infrastructure required to achieve and support client outcomes; and
(iv) A recommendation for a methodology to utilize in the future for regularly analyzing costs associated with service delivery and the rate adjustments, and associated frequency of these adjustments, needed to ensure that services achieve client outcomes.
(mm) $40,196,000 of the general fundstate appropriation for fiscal year 2023 and $40,196,000 of the general fundfederal appropriation are provided solely to increase base rates for community residential providers. The temporary rate add-ons in effect through June 30, 2022, shall be added to the base rate in effect through June 30, 2022, to become the new base rate effective July 1, 2022.
(2) INSTITUTIONAL SERVICES
General FundState Appropriation (FY 2022)
. . . .
(($115,635,000))
     
$110,570,000
General FundState Appropriation (FY 2023)
. . . .
(($125,463,000))
     
$135,838,000
General FundFederal Appropriation
. . . .
(($241,480,000))
     
$253,126,000
General FundPrivate/Local Appropriation
. . . .
$27,043,000
Coronavirus State Fiscal Recovery FundFederal
Appropriation
. . . .
$1,454,000
TOTAL APPROPRIATION
. . . .
(($509,621,000))
     
$528,031,000
The appropriations in this subsection are subject to the following conditions and limitations:
(a) Individuals receiving services as supplemental security income (SSI) state supplemental payments may not become eligible for medical assistance under RCW 74.09.510 due solely to the receipt of SSI state supplemental payments.
(b) $495,000 of the general fund—state appropriation for fiscal year 2022 and $495,000 of the general fund—state appropriation for fiscal year 2023 are for the department to fulfill its contracts with the school districts under chapter 28A.190 RCW to provide transportation, building space, and other support services as are reasonably necessary to support the educational programs of students living in residential habilitation centers.
(c) The residential habilitation centers may use funds appropriated in this subsection to purchase goods, services, and supplies through hospital group purchasing organizations when it is cost-effective to do so.
(d) $3,000 of the general fundstate appropriation for fiscal year 2022 and $10,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for a cost of living increase adjustment to the personal needs allowance pursuant to RCW 74.09.340.
(e) The department is directed to develop a plan to reduce the footprint of the Rainier residential habilitation center campus and other property facilities taking into consideration recommendations of the Ruckleshaus residential habilitation center work group report and the department's Rainier school master plan.
(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) A report of stakeholder feedback received and how it was incorporated or not into the plan; and
(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 minimum: Individuals who reside or have resided at Rainier within the last two decades, families and guardians of individuals who reside or have resided at Rainier, the city of Buckley, 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 the appropriate committees of the legislature no later than June 30, 2023.
(3) PROGRAM SUPPORT
General FundState Appropriation (FY 2022)
. . . .
(($2,639,000))
     
$2,717,000
General FundState Appropriation (FY 2023)
. . . .
(($2,688,000))
     
$2,958,000
General FundFederal Appropriation
. . . .
(($3,192,000))
     
$3,239,000
TOTAL APPROPRIATION
. . . .
(($8,519,000))
     
$8,914,000
(4) SPECIAL PROJECTS
General FundState Appropriation (FY 2022)
. . . .
$61,000
General FundState Appropriation (FY 2023)
. . . .
(($61,000))
     
$66,000
General FundFederal Appropriation
. . . .
(($1,090,000))
     
$1,092,000
Coronavirus State Fiscal Recovery FundFederal
Appropriation
. . . .
$66,000
TOTAL APPROPRIATION
. . . .
(($1,212,000))
     
$1,285,000
Sec. 204. 2021 c 334 s 204 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF SOCIAL AND HEALTH SERVICESAGING AND ADULT SERVICES PROGRAM
General FundState Appropriation (FY 2022)
. . . .
(($1,422,098,000))
     
$1,347,193,000
General FundState Appropriation (FY 2023)
. . . .
(($1,783,367,000))
     
$1,978,768,000
General FundFederal Appropriation
. . . .
(($4,517,927,000))
     
$4,829,079,000
General FundPrivate/Local Appropriation
. . . .
$37,804,000
Traumatic Brain Injury AccountState Appropriation
. . . .
(($4,544,000))
     
$5,586,000
Skilled Nursing Facility Safety Net Trust Account
State Appropriation
. . . .
$133,360,000
Long-Term Services and Supports Trust AccountState
Appropriation
. . . .
(($10,873,000))
     
$13,233,000
Coronavirus State Fiscal Recovery FundFederal
Appropriation
. . . .
$3,606,000
TOTAL APPROPRIATION
. . . .
(($7,909,973,000))
     
$8,348,629,000
The appropriations in this section are subject to the following conditions and limitations:
(1)(a) For purposes of implementing chapter 74.46 RCW, the weighted average nursing facility payment rate may not exceed $259.84 for fiscal year 2022 and may not exceed $279.84 for fiscal year 2023.
(b) The department shall provide a medicaid rate add-on to reimburse the medicaid share of the skilled nursing facility safety net assessment as a medicaid allowable cost. The nursing facility safety net rate add-on may not be included in the calculation of the annual statewide weighted average nursing facility payment rate.
(2) In accordance with RCW 18.51.050, 18.20.050, 70.128.060, and 43.135.055, the department is authorized to increase nursing facility, assisted living facility, and adult family home fees as necessary to fully support the actual costs of conducting the licensure, inspection, and regulatory programs. The license fees may not exceed the department's annual licensing and oversight activity costs and shall include the department's cost of paying providers for the amount of the license fee attributed to medicaid clients.
(a) The current annual renewal license fee for adult family homes is $225 per bed beginning in fiscal year 2022 and $225 per bed beginning in fiscal year 2023. A processing fee of $2,750 must be charged to each adult family home when the home is initially licensed. This fee is nonrefundable. A processing fee of $700 shall be charged when adult family home providers file a change of ownership application.
(b) The current annual renewal license fee for assisted living facilities is $116 per bed beginning in fiscal year 2022 and $116 per bed beginning in fiscal year 2023.
(c) The current annual renewal license fee for nursing facilities is $359 per bed beginning in fiscal year 2022 and $359 per bed beginning in fiscal year 2023.
(3) The department is authorized to place long-term care clients residing in nursing homes and paid for with state-only funds into less restrictive community care settings while continuing to meet the client's care needs.
(4)(i) $6,113,000 of the general fundstate appropriation for fiscal year 2022, $19,799,000 of the general fundstate appropriation for fiscal year 2023, and $37,161,000 of the general fundfederal appropriation are provided solely for the implementation of the agreement reached between the governor and the service employees international union healthcare 775nw under the provisions of chapters 74.39A and 41.56 RCW for the 2021-2023 fiscal biennium, as provided in section 946 of this act.
(ii) $18,787,000 of the general fundstate appropriation for fiscal year 2023 and $23,910,000 of the general fundfederal appropriation are provided solely for the implementation of the agreement reached between the governor and the service employees international union healthcare 775nw under the provisions of chapters 74.39A and 41.56 RCW for fiscal year 2023, as provided in section 935 of this act.
(5)(i) $1,941,000 of the general fundstate appropriation for fiscal year 2022, $6,439,000 of the general fundstate appropriation for fiscal year 2023, and $12,064,000 of the general fundfederal appropriation are provided solely for the homecare agency parity impacts of the agreement between the governor and the service employees international union healthcare 775nw.
(ii) $6,028,000 of the general fundstate appropriation for fiscal year 2023 and $7,669,000 of the general fundfederal appropriation are provided solely for the homecare agency parity impacts of the agreement between the governor and the service employees international union healthcare 775nw.
(6) The department may authorize a one-time waiver of all or any portion of the licensing and processing fees required under RCW 70.128.060 in any case in which the department determines that an adult family home is being relicensed because of exceptional circumstances, such as death or incapacity of a provider, and that to require the full payment of the licensing and processing fees would present a hardship to the applicant. In these situations the department is also granted the authority to waive the required residential administrator training for a period of 120 days if necessary to ensure continuity of care during the relicensing process.
(7) In accordance with RCW 18.390.030, the biennial registration fee for continuing care retirement communities shall be $900 for each facility.
(8) Within amounts appropriated in this subsection, the department shall assist the legislature to continue the work of the joint legislative executive committee on planning for aging and disability issues.
(a) A joint legislative executive committee on aging and disability is continued, with members as provided in this subsection.
(i) Four members of the senate, with the leaders of the two largest caucuses each appointing two members, and four members of the house of representatives, with the leaders of the two largest caucuses each appointing two members;
(ii) A member from the office of the governor, appointed by the governor;
(iii) The secretary of the department of social and health services or his or her designee;
(iv) The director of the health care authority or his or her designee;
(v) A member from disability rights Washington and a member from the office of long-term care ombuds;
(vi) The insurance commissioner or his or her designee, who shall serve as an ex officio member; and
(vii) Other agency directors or designees as necessary.
(b) The committee must make recommendations and continue to identify key strategic actions to prepare for the aging of the population in Washington and to serve people with disabilities, including state budget and policy options, and may conduct, but are not limited to, the following tasks:
(i) Identify strategies to better serve the health care needs of an aging population and people with disabilities to promote healthy living and palliative care planning;
(ii) Identify strategies and policy options to create financing mechanisms for long-term service and supports that allow individuals and families to meet their needs for service;
(iii) Identify policies to promote financial security in retirement, support people who wish to stay in the workplace longer, and expand the availability of workplace retirement savings plans;
(iv) Identify ways to promote advance planning and advance care directives and implementation strategies for the Bree collaborative palliative care and related guidelines;
(v) Identify ways to meet the needs of the aging demographic impacted by reduced federal support;
(vi) Identify ways to protect the rights of vulnerable adults through assisted decision-making and guardianship and other relevant vulnerable adult protections;
(vii) Identify options for promoting client safety through residential care services and consider methods of protecting older people and people with disabilities from physical abuse and financial exploitation; and
(viii) Identify other policy options and recommendations to help communities adapt to the aging demographic in planning for housing, land use, and transportation.
(c) Staff support for the committee shall be provided by the office of program research, senate committee services, the office of financial management, and the department of social and health services.
(d) Within existing appropriations, the cost of meetings must be paid jointly by the senate, house of representatives, and the office of financial management. Joint committee expenditures and meetings are subject to approval by the senate facilities and operations committee and the house of representatives executive rules committee, or their successor committees. Meetings of the task force must be scheduled and conducted in accordance with the rules of both the senate and the house of representatives. The joint committee members may be reimbursed for travel expenses as authorized under RCW 43.03.050 and 43.03.060, and chapter 44.04 RCW as appropriate. Advisory committee members may not receive compensation or reimbursement for travel and expenses.
(9) Appropriations in this section are sufficient to fund discharge case managers stationed at the state psychiatric hospitals. Discharge case managers will transition clients ready for hospital discharge into less restrictive alternative community placements. The transition of clients ready for discharge will free up bed capacity at the state psychiatric hospitals.
(10) Appropriations in this section are sufficient to fund financial service specialists stationed at the state psychiatric hospitals. Financial service specialists will help to transition clients ready for hospital discharge into alternative community placements. The transition of clients ready for discharge will free up bed capacity at the state hospitals.
(11) The department shall continue to administer ((initiative 2 of the medicaid transformation waiver that provides)) tailored support for older adults and medicaid alternative care as described in initiative 2 of the ((medicaid transformation))1115 demonstration waiver ((under healthier Washington)). This initiative will be funded by the health care authority ((with))through the medicaid quality improvement program. The secretary in collaboration with the director of the health care authority shall report to the office of financial management all ((of the)) expenditures of this subsection and shall provide such fiscal data in the time, manner, and form requested. The department shall not increase general fundstate expenditures on this initiative.
(12)(i) $3,378,000 of the general fundstate appropriation for fiscal year 2022, $5,561,000 of the general fundstate appropriation for fiscal year 2023, and $11,980,000 of the general fundfederal appropriation are provided solely for the implementation of an agreement reached between the governor and the adult family home council under the provisions of chapter 41.56 RCW for the 2021-2023 fiscal biennium, as provided in section 948 of this act.
(ii) $8,922,000 of the general fundstate appropriation for fiscal year 2023 and $8,212,000 of the general fundfederal appropriation are provided solely for the implementation of an agreement reached between the governor and the adult family home council under the provisions of chapter 41.56 RCW for fiscal year 2023, as provided in section 937 of this act.
(13) $1,761,000 of the general fundstate appropriation for fiscal year 2022, $1,761,000 of the general fundstate appropriation for fiscal year 2023, and $4,162,000 of the general fundfederal appropriation are provided solely for case managers at the area agencies on aging to coordinate care for medicaid clients with mental illness who are living in their own homes. Work shall be accomplished within existing standards for case management and no requirements will be added or modified unless by mutual agreement between the department of social and health services and area agencies on aging.
(14) Appropriations provided in this section are sufficient for the department to contract with an organization to provide educational materials, legal services, and attorney training to support persons with dementia. The funding provided in this subsection must be used for:
(a) An advance care and legal planning toolkit for persons and families living with dementia, designed and made available online and in print. The toolkit should include educational topics including, but not limited to:
(i) The importance of early advance care, legal, and financial planning;
(ii) The purpose and application of various advance care, legal, and financial documents;
(iii) Dementia and capacity;
(iv) Long-term care financing considerations;
(v) Elder and vulnerable adult abuse and exploitation;
(vi) Checklists such as "legal tips for caregivers," "meeting with an attorney," and "life and death planning;"
(vii) Standardized forms such as general durable power of attorney forms and advance health care directives; and
(viii) A selected list of additional resources.
(b) Webinars about the dementia legal and advance care planning toolkit and related issues and topics with subject area experts. The subject area expert presenters must provide their services in-kind, on a volunteer basis.
(c) Continuing legal education programs for attorneys to advise and assist persons with dementia. The continuing education programs must be offered at no cost to attorneys who make a commitment to participate in the pro bono program.
(d) Administrative support costs to develop intake forms and protocols, perform client intake, match participating attorneys with eligible clients statewide, maintain records and data, and produce reports as needed.
(15) Appropriations provided in this section are sufficient to continue community alternative placement beds that prioritize the transition of clients who are ready for discharge from the state psychiatric hospitals, but who have additional long-term care or developmental disability needs.
(a) Community alternative placement beds include enhanced service facility beds, adult family home beds, skilled nursing facility beds, shared supportive housing beds, state operated living alternative beds, assisted living facility beds, adult residential care beds, and specialized dementia beds.
(b) Each client must receive an individualized assessment prior to leaving one of the state psychiatric hospitals. The individualized assessment must identify and authorize personal care, nursing care, behavioral health stabilization, physical therapy, or other necessary services to meet the unique needs of each client. It is the expectation that, in most cases, staffing ratios in all community alternative placement options described in (a) of this subsection will need to increase to meet the needs of clients leaving the state psychiatric hospitals. If specialized training is necessary to meet the needs of a client before he or she enters a community placement, then the person centered service plan must also identify and authorize this training.
(c) When reviewing placement options, the department must consider the safety of other residents, as well as the safety of staff, in a facility. An initial evaluation of each placement, including any documented safety concerns, must occur within thirty days of a client leaving one of the state psychiatric hospitals and entering one of the community placement options described in (a) of this subsection. At a minimum, the department must perform two additional evaluations of each placement during the first year that a client has lived in the facility.
(d) In developing bed capacity, the department shall consider the complex needs of individuals waiting for discharge from the state psychiatric hospitals.
(16) No later than December 31, 2021, the department of social and health services and the health care authority shall submit a waiver request to the federal department of health and human services to authorize presumptive medicaid eligibility determinations for clients preparing for acute care hospital discharge who may need long-term services and supports. The department and the authority shall hold stakeholder discussions, including opportunities for public review and comment, during development of the waiver request. Upon submission of the waiver request, the department and the authority shall submit a report to the governor and the appropriate legislative committees that describes the request and identifies any statutory changes that may be necessary if the federal government approves the request.
(17) The annual certification renewal fee for community residential service businesses is $859 per client in fiscal year 2022 and $859 per client in fiscal year 2023. The annual certification renewal fee may not exceed the department's annual licensing and oversight activity costs.
(18) The appropriations in this section include sufficient funding to implement chapter 220, Laws of 2020 (adult family homes/8 beds). A nonrefundable fee of $485 shall be charged for each application to increase bed capacity at an adult family home to seven or eight beds.
(19) $261,000 of the general fundstate appropriation for fiscal year 2022, $320,000 of the general fundstate appropriation for fiscal year 2023, and $861,000 of the general fundfederal appropriation are provided solely to increase the administrative rate for home care agencies by five cents per hour effective July 1, 2021.
(20) The department of social and health services must claim the enhanced federal medical assistance participation rate for home and community-based services offered under section 9817 of the American rescue plan act of 2021 (ARPA). Appropriations made that constitute supplementation of home and community-based services as defined in section 9817 of ARPA are listed in LEAP omnibus document HCBS-2021.
(21) $1,458,000 of the general fundstate appropriation for fiscal year 2022 and $1,646,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for the department to provide personal care services for up to 20 clients who are not United States citizens and who are ineligible for medicaid upon their discharge from an acute care hospital. The department must prioritize the funding provided in this subsection for such clients in acute care hospitals who are also on the department's wait list for services.
(22) $750,000 of the general fundstate appropriation for fiscal year 2022 and $750,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for community-based dementia education and support activities in two areas of the state, including dementia resource catalyst staff and direct services for people with dementia and their caregivers.
(23) $237,000 of the general fundstate appropriation for fiscal year 2022, $226,000 of the general fundstate appropriation for fiscal year 2023, and $572,000 of the general fundfederal appropriation are provided solely to implement Substitute House Bill No. 1218 (long-term care residents). ((If the bill is not enacted by June 30, 2021, the amounts provided in this subsection shall lapse.))
(24) (($345,000 of the general fundstate appropriation for fiscal year 2022, $50,000 of the general fundstate appropriation for fiscal year 2023, and $336,000 of the general fundfederal appropriation are provided solely to implement Second Substitute House Bill No. 1127 (COVID-19 health data privacy). If the bill is not enacted by June 30, 2021, the amounts provided in this subsection shall lapse.
(25))) $4,329,000 of the general fundstate appropriation for fiscal year 2022 and $4,329,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for services and support to individuals who are deaf, hard of hearing, or deaf-blind.
(((26) $41,117,000))(25) $85,981,000 of the general fundstate appropriation for fiscal year 2022, $44,711,000 of the general fundstate appropriation for fiscal year 2023, and (($101,715,000))$244,279,000 of the general fundfederal appropriation are provided solely to continue providing rate add-ons for contracted service providers to address the increased costs associated with serving clients during the COVID-19 pandemic ((through the end of calendar year 2021)).
(((27)))(26) $11,609,000 of the general fundstate appropriation for fiscal year 2023 and $11,609,000 of the general fundfederal appropriation are provided solely to increase the fixed rate paid for skilled nursing facility medicaid direct care to one hundred and five percent of statewide case mix neutral median costs.
(((28)))(27) Within the amounts provided in this section, the department of social and health services must develop a statewide agency emergency preparedness plan with which to respond to future public health emergencies.
(((29)))(28) The traumatic brain injury council shall collaborate with other state agencies in their efforts to address traumatic brain injuries to ensure that efforts are complimentary and continue to support the state's broader efforts to address this issue.
(((30)))(29) $1,858,000 of the general fundstate appropriation for fiscal year 2022 and $1,857,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for operation of the volunteer services program. Funding must be prioritized towards serving populations traditionally served by long-term care services to include senior citizens and persons with disabilities.
(((31)))(30) $479,000 of the general fundstate appropriation for fiscal year 2022 and $479,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for the kinship navigator program in the Colville Indian reservation, Yakama Nation, and other tribal areas.
(((32)))(31) Within available funds, the aging and long term support administration must maintain a unit within adult protective services that specializes in the investigation of financial abuse allegations and self-neglect allegations.
(((33)))(32) $1,344,000 of the general fundstate appropriation for fiscal year 2022 and $1,344,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for the kinship care support program.
(((34) $10,797,000))(33) $7,938,000 of the general fundstate appropriation for fiscal year 2022, (($11,477,000))$13,412,000 of the general fundstate appropriation for fiscal year 2023, and (($23,946,000))$22,456,000 of the general fundfederal appropriation are provided solely for nursing home services and emergent building costs at the transitional care center of Seattle. No later than December 1, 2022, the department must submit to the appropriate fiscal committees of the legislature a report that includes, but is not limited to:
(a) An itemization of the costs associated with providing direct care services to residents and managing and caring for the facility; and
(b) An examination of the impacts of this facility on clients and providers of the long-term care and medical care sectors of the state that includes, but is not limited to:
(i) An analysis of areas that have realized cost containment or savings as a result of this facility;
(ii) A comparison of individuals transitioned from hospitals to this facility compared to other skilled nursing facilities over the same period of time; and
(iii) Impacts of this facility on lengths of stay in acute care hospitals, other skilled nursing facility, and transitions to home and community-based settings.
(((35)))(34) $58,000 of the general fundstate appropriation for fiscal year 2022 and $90,000 of the general fundfederal appropriation are provided solely for implementation of Engrossed Substitute Senate Bill No. 5229 (health equity continuing education). ((If the bill is not enacted by June 30, 2021, the amounts provided in this subsection shall lapse.
(36)))(35) $50,000 of the general fundstate appropriation for fiscal year 2022 is provided solely for fall prevention training. The department of social and health services will provide one-time grant funding to an association representing long-term care facilities to develop and provide fall prevention training for long-term care facilities. The training must include information about environmental modifications to help reduce falls, tools to assess an individual's risk for falling, and evidence-based interventions for reducing falls amongst individuals with dementia or cognitive impairments. The training must be offered at no cost and made available online for the general public to access at any time. The recipient of the grant funds must work with the department of social and health services and the department of health on developing and promoting the training.
(((37)))(36) $4,504,000 of the general fundstate appropriation for fiscal year 2022, $9,072,000 of the general fundstate appropriation for fiscal year 2023, and $452,000 of the general fundfederal appropriation are provided solely for behavioral health personal care services for individuals with exceptional care needs due to their psychiatric diagnosis as determined through the department's CARE assessment and for three full-time positions to coordinate with the health care authority and medicaid managed care organizations for the care of these individuals. Future caseload and per capita changes for behavioral health personal care services will be incorporated into the department's medicaid forecast. The department shall coordinate with the authority for purposes of developing and submitting to the centers for medicare and medicaid, a 1915(i) state plan.
(((38)))(37) Within existing appropriations, and no later than December 31, 2021, the department of social and health services must work with stakeholders to consider modifications to current practices that address the current challenges adult family homes are facing with acquiring and maintaining liability insurance coverage. In consultation with stakeholders, the department of social and health services must:
(a) Transition language contained in citation and enforcement actions to plain talk language that helps insurers and consumers understand the nature of the regulatory citations; and
(b) Display the severity and resolution of citation and enforcement actions in plain talk language for consumers and insurers to better understand the nature of the situation.
(((39)))(38) $435,000 of the general fundstate appropriation for fiscal year 2022 and $435,000 of the general fundstate appropriation for fiscal year 2023 are provided solely to continue the current pilot project in Pierce county to provide personal care services to homeless seniors and people with disabilities from the time the person presents at a shelter to the time they become eligible for medicaid and to establish two new pilot project sites in King county, one site in Clark county, and one site in Spokane county. The department of social and health services shall submit a report by December 1, 2022, to the governor and appropriate legislative committees that addresses the following for each site:
(a) The number of people served in the pilot;
(b) The number of people served in the pilot who transitioned to medicaid personal care;
(c) The number of people served in the pilot who found stable housing; and
(d) Any additional information or data deemed relevant by the contractors or the department of social and health services.
(((40)))(39) $3,063,000 of the general fundstate appropriation for fiscal year 2022 and $4,517,000 of the general fundfederal appropriation is provided solely to offset COVID-19 related cost impacts on the in-home medicaid long-term care case management program operated by area agencies on aging.
(((41)))(40) Appropriations provided in this section are sufficient to implement Substitute Senate Bill No. 5258 (consumer directed employers).
(((42)))(41) $69,000 of the general fundstate appropriation for fiscal year 2022, $65,000 of the general fundstate appropriation for fiscal year 2023, and $98,000 of the general fundfederal appropriation are provided solely to implement Engrossed Second Substitute Senate Bill No. 5163 (conditionally released sexually violent predators). ((If the bill is not enacted by June 30, 2021, the amounts provided in this subsection shall lapse.
(43)))(42) $75,000 of the general fundstate appropriation for fiscal year 2022, $54,000 of the general fundstate appropriation for fiscal year 2023, and $130,000 of the general fundfederal appropriation are provided solely to implement Substitute House Bill No. 1411 (health care workforce). ((If the bill is not enacted by June 30, 2021, the amounts provided in this subsection shall lapse.
(44)))(43) $15,000 of the general fundstate appropriation for fiscal year 2022, (($51,000))$111,000 of the general fundstate appropriation for fiscal year 2023, and (($32,000))$61,000 of the general fundfederal appropriation are provided solely for a cost of living adjustment to the personal needs allowance pursuant to RCW 74.09.340.
(44) $8,259,000 of the general fundstate appropriation for fiscal year 2023 and $8,259,000 of the general fundfederal appropriation are provided solely to adjust the minimum occupancy assumption used to calculate the indirect care median to 80 percent.
(45) $38,265,000 of the general fundstate appropriation for fiscal year 2023 and $48,666,000 of the general fundfederal appropriation are provided solely for the purposes of settling all claims in the two related cases Liang et al v. Washington DSHS et al, Thurston county superior court case no. 20-2-02506-34 and SEIU 775 v. Washington DSHS et al, Thurston county superior court case no. 18-2-05584-34, Washington supreme court case no. 99658-8. The expenditure of these amounts is contingent upon the release of all claims in both cited cases, and total settlement costs shall not exceed the amounts provided in this subsection and section 203(1)(y) of this act. If the settlement agreement is not fully executed and approved by the Thurston county superior court by June 30, 2023, the amounts provided in this subsection shall lapse.
(46) $799,000 of the general fundstate appropriation for fiscal year 2023 and $1,016,000 of the general fundfederal appropriation are provided solely for wages and benefits of home care agency workers who provide direct care.
(47) $133,000 of the general fundstate appropriation for fiscal year 2022, $181,000 of the general fundstate appropriation for fiscal year 2023, and $313,000 of the general fundfederal appropriation are provided solely to continue the overpayment resolution team through the 2021-2023 fiscal biennium. No later than June 30, 2023, the department shall submit to the appropriate committees of the legislature a report describing the work undertaken by this team and the associated outcomes.
(48) $1,081,000 of the general fundstate appropriation for fiscal year 2023 and $1,200,000 of the general fundfederal appropriation are provided solely to increase private duty nursing rates by 20 percent and to increase private duty nursing adult family home provider rates by 10 percent effective July 1, 2022.
(49) $4,200,000 of the general fundstate appropriation for fiscal year 2023 is provided solely for area agency on aging care coordinators stationed in acute care hospitals to help transition clients ready for hospital discharge into home and community-based settings. Care coordinators shall keep data on numbers of patients discharged and readmission impacts and report that information to the department of social and health services.
(50) $23,000 of the general fundstate appropriation for fiscal year 2022, $12,637,000 of the general fundstate appropriation for fiscal year 2023, and $14,136,000 of the general fundfederal appropriation are provided solely to increase funding of the assisted living medicaid methodology established in RCW 74.39A.032 to 68 percent of full methodology funding, effective July 1, 2022.
(a) Of the amounts provided in this subsection, $23,000 of the general fundstate appropriation for fiscal year 2022, $39,000 of the general fundstate appropriation for fiscal year 2023, and $62,000 of the general fundfederal appropriation are provided solely for a one-time project staff position at the department to develop and submit a report to the governor and appropriate legislative committees no later than December 30, 2022. The report must include a review and summary of discharge regulations and notification requirements for assisted living providers and include recommendations related to disclosure of providers' terms and conditions for medicaid acceptance.
(b) Following the submission of the report in (a) of this subsection and through the end of the 2021-2023 fiscal biennium, the department shall regularly review and report on medicaid resident utilization of and access to assisted living facilities.
(51) $12,000,000 of the general fundstate appropriation for fiscal year 2023 and $12,000,000 of the general fundfederal appropriation are provided solely to increase the rate paid for area agency on aging case management services by 23 percent.
(52) $68,000 of the general fundstate appropriation for fiscal year 2023 and $67,000 of the general fundfederal appropriation are provided solely for implementation of Senate Bill No. 5866 (medicaid LTSS/tribes). If the bill is not enacted by June 30, 2022, the amounts provided in this subsection shall lapse.
(53) $83,000 of the general fundstate appropriation for fiscal year 2023 and $83,000 of the general fundfederal appropriation are provided solely for implementation of Substitute Senate Bill No. 5620 (medicaid expenditures). If the bill is not enacted by June 30, 2022, the amounts provided in this subsection shall lapse.
(54) $5,000,000 of the general fundstate appropriation for fiscal year 2023 is provided solely for the department to establish a grant program to expand the use of air conditioning in adult family homes that are serving individuals whose services are funded through medicaid or state funded long-term care programs. A qualifying adult family home may receive up to $5,000 in grant funding. Grants must be used for one-time costs associated with equipping and installing portable air conditioning units in resident's bedrooms and common areas, or updating the adult family home's heating, ventilation, and air conditioning system to include air conditioning. The department shall verify that the grant was used appropriately at the inspection immediately following the adult family home's receipt of the grant.
(55) $350,000 of the general fundstate appropriation for fiscal year 2023 is provided solely for a study of the feasibility of placing individuals under the jurisdiction of the department of corrections in nursing home facilities licensed or to be licensed by the department to better meet the client's care needs. By October 1, 2022, in collaboration with the department of corrections and the health care authority, the department must submit a preliminary report to the governor and the relevant fiscal and policy committees of the legislature. At a minimum, the preliminary report must review the medical, behavioral health, and long-term care needs of the individuals and assess whether the state could obtain and be eligible for federal funding for providing health care and long-term care services for individuals under the jurisdiction of the department of corrections placed in nursing home facilities. By June 30, 2023, the department, in collaboration with the department of corrections, must submit a final report to the governor and the relevant fiscal and policy committees of the legislature. The final report shall:
(a) Assess the relevant characteristics and needs of the potential patient population;
(b) Assess the feasibility, daily operating costs, staffing needs, and other relevant factors of potential locations or contractors, including the Maple Lane corrections center, for placement of long-term care individuals under the jurisdiction of the department of corrections for a potential nursing home facility to be licensed by the department;
(c) A cost-benefit analysis of placing individuals under the jurisdiction of department of corrections clients in potential facilities identified in subsection (b) of this subsection, including the possibility or absence of federal funding for operations. The department of corrections must provide daily operating costs of prisons where these individuals may be coming from, the fiscal year 2021 daily costs per incarcerated individual assigned to the sage living unit, and the costs associated with electronic home monitoring costs per individual. This analysis shall take into account both state-run and privately contracted options;
(d) Assess the ability of potential facilities identified in subsection (b) of this subsection to better meet clients' medical and personal needs; and
(e) Assess the ability to provide medicaid funded services to meet the health care needs of these individuals.
(56) $273,000 of the general fundstate appropriation for fiscal year 2023 and $347,000 of the general fundfederal appropriation are provided solely to increase the rates paid for adult day health and adult day care providers effective July 1, 2022, by the amount of the temporary rate add-on in effect through June 30, 2022.
(57) $900,000 of the general fundstate appropriation for fiscal year 2023 is provided solely to expand the availability of home-delivered meals for eligible long-term care clients.
Sec. 205. 2021 c 334 s 205 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF SOCIAL AND HEALTH SERVICESECONOMIC SERVICES PROGRAM
General FundState Appropriation (FY 2022)
. . . .
(($414,105,000))
     
$428,958,000
General FundState Appropriation (FY 2023)
. . . .
(($420,792,000))
     
$485,946,000
General FundFederal Appropriation
. . . .
(($1,528,996,000))
     
$1,602,386,000
General FundPrivate/Local Appropriation
. . . .
$5,274,000
Domestic Violence Prevention AccountState
Appropriation
. . . .
$2,404,000
Coronavirus State Fiscal Recovery FundFederal
Appropriation
. . . .
(($345,399,000))
     
$345,494,000
TOTAL APPROPRIATION
. . . .
(($2,716,970,000))
     
$2,870,462,000
The appropriations in this section are subject to the following conditions and limitations:
(1)(a) (($118,168,000))$104,540,000 of the general fund—state appropriation for fiscal year 2022, (($119,846,000))$111,919,000 of the general fund—state appropriation for fiscal year 2023, and (($859,678,000))$860,219,000 of the general fundfederal appropriation are provided solely for all components of the WorkFirst program. Within the amounts provided for the WorkFirst program, the department may provide assistance using state-only funds for families eligible for temporary assistance for needy families. The department must create a WorkFirst budget structure that allows for transparent tracking of budget units and subunits of expenditures where these units and subunits are mutually exclusive from other department budget units. The budget structure must include budget units for the following: Cash assistance, child care, WorkFirst activities, and administration of the program. Within these budget units, the department must develop program index codes for specific activities and develop allotments and track expenditures using these codes. The department shall report to the office of financial management and the relevant fiscal and policy committees of the legislature prior to adopting a structure change.
(b) (($386,329,000))$359,541,000 of the amounts in (a) of this subsection is for assistance to clients, including grants, diversion cash assistance, and additional diversion emergency assistance including but not limited to assistance authorized under RCW 74.08A.210. The department may use state funds to provide support to working families that are eligible for temporary assistance for needy families but otherwise not receiving cash assistance. Of the amounts provided in this subsection (1)(b):
(i) (($10,914,000))$7,776,000 of the general fundstate appropriation for fiscal year 2022, (($14,104,000))$9,729,000 of the general fundstate appropriation for fiscal year 2023, and $27,226,000 of the general fundfederal appropriation are provided solely for the department to increase the temporary assistance for needy family grant standard by 15 percent, effective July 1, 2021.
(ii) $10,744,000 of the general fundfederal appropriation of the amounts in (a) of this subsection are provided solely for the department to provide cash assistance to households who have exceeded the 60 month time limit in the temporary assistance for needy families program, pursuant to RCW 74.08A.010(5), through June 30, 2022. Because funding for this specific purpose is provided only through fiscal year 2022, pursuant to section 4 of Second Substitute Senate Bill No. 5214, the bill takes effect 90 days after final adjournment of the legislative session in which it is enacted.
(iii) $3,420,000 of the general fundstate appropriation for fiscal year 2023 and $2,126,000 of the general fundfederal appropriation are provided solely for the cost of benefits associated with the implementation of Second Substitute Senate Bill No. 5214 (economic assistance programs). ((If the bill is not enacted by June 30, 2021, the amount provided in this subsection shall lapse.)) The department is directed to provide the high-unemployment time-limit extension approved under the bill upon the expiration of the 60-month time limit extension pursuant to (b)(ii) of this subsection.
(iv) $217,000 of the general fundstate appropriation for fiscal year 2022 and $863,000 of the general fundfederal appropriation are provided solely for costs in state fiscal year 2022 that are associated with the temporary suspension of the mid-certification review and extension of the eligibility review between November 2020 and June 2021 for the temporary assistance for needy families program.
(v) $50,000 of the general fundfederal appropriation is provided solely to increase the monthly payment standard for households with nine or more assistance unit members that are receiving temporary assistance for needy families or state family assistance benefits, effective July 1, 2022.
(c) $172,917,000 of the amounts in (a) of this subsection is for WorkFirst job search, education and training activities, barrier removal services, limited English proficiency services, and tribal assistance under RCW 74.08A.040. The department must allocate this funding based on client outcomes and cost effectiveness measures. Within amounts provided in this subsection (1)(c), the department shall implement the working family support program.
(i) $5,952,000 of the general fundstate appropriation for fiscal year 2022 and $157,000 of the general fundfederal appropriation of the amounts in (a) of this subsection are provided solely for the WorkFirst services costs associated with the expansion of the 60 month time limit in the temporary assistance for needy families program for households described in RCW 74.08A.010(5).
(ii) $2,474,000 of the amounts provided in this subsection (1)(c) is for enhanced transportation assistance. The department must prioritize the use of these funds for the recipients most in need of financial assistance to facilitate their return to work. The department must not utilize these funds to supplant repayment arrangements that are currently in place to facilitate the reinstatement of drivers' licenses.
(iii) $378,000 of the general fundstate appropriation for fiscal year 2022 and $568,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for WorkFirst services costs associated with the implementation of chapter 320, Laws of 2020 (revising economic assistance programs).
(iv) $748,000 of the general fundstate appropriation for fiscal year 2022, $760,000 of the general fundstate appropriation for fiscal year 2023, and $1,706,000 of the general fundfederal appropriation are provided solely for WorkFirst services costs associated with the implementation of chapter 338, Laws of 2020 (improving access to temporary assistance for needy families).
(v) $3,701,000 of the general fundstate appropriation for fiscal year 2023 is provided solely for the WorkFirst costs associated with the implementation of Second Substitute Senate Bill No. 5214 (economic assistance programs). ((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))$122,322,000 is for WorkFirst administration and overhead. Of the amounts provided in this subsection (1)(f):
(i) $399,000 of the general fundstate appropriation for fiscal year 2022 of the amounts in (a) of this subsection is provided solely for administrative and overhead costs associated with the expansion of the 60 month time limit in the temporary assistance for needy families program for households described in RCW 74.08A.010(5).
(ii) $43,000 of the general fundstate appropriation in fiscal year 2022 and $43,000 of the general fundstate appropriation in fiscal year 2023 are provided solely for administrative and overhead costs associated with the implementation of chapter 320, Laws of 2020 (revising economic assistance programs).
(iii) $1,215,000 of the general fundfederal appropriation is provided solely for administrative and overhead costs associated with the implementation of chapter 338, Laws of 2020 (improving access to temporary assistance for needy families).
(iv) $512,000 of the general fundstate appropriation for fiscal year 2022 is provided solely for administrative and overhead costs associated with the implementation of Second Substitute Senate Bill No. 5214 (economic assistance programs). ((If the bill is not enacted by June 30, 2021, the amount provided in this subsection shall lapse.)) The department is directed to use the funding provided in this subsection to make information technology changes necessary to provide the high-unemployment time-limit extension approved under the bill beginning July 1, 2022.
(v) $489,000 of the general fundfederal appropriation is provided solely for administrative and overhead costs associated with the implementation of Substitute Senate Bill No. 5838 (TANF diaper subsidy). If the bill is not enacted by June 30, 2022, the amount provided in this subsection shall lapse.
(g)(i) The department shall submit quarterly expenditure reports to the governor, the fiscal committees of the legislature, and the legislative WorkFirst poverty reduction oversight task force under RCW 74.08A.341. In addition to these requirements, the department must detail any fund transfers across budget units identified in (a) through (e) of this subsection. The department shall not initiate any services that require expenditure of state general fund moneys that are not consistent with policies established by the legislature.
(ii) The department may transfer up to ten percent of funding between budget units identified in (b) through (f) of this subsection. The department shall provide notification prior to any transfer to the office of financial management and to the appropriate legislative committees and the legislative-executive WorkFirst poverty reduction oversight task force. The approval of the director of financial management is required prior to any transfer under this subsection.
(h) Each calendar quarter, the department shall provide a maintenance of effort and participation rate tracking report for temporary assistance for needy families to the office of financial management, the appropriate policy and fiscal committees of the legislature, and the legislative-executive WorkFirst poverty reduction oversight task force. The report must detail the following information for temporary assistance for needy families:
(i) An overview of federal rules related to maintenance of effort, excess maintenance of effort, participation rates for temporary assistance for needy families, and the child care development fund as it pertains to maintenance of effort and participation rates;
(ii) Countable maintenance of effort and excess maintenance of effort, by source, provided for the previous federal fiscal year;
(iii) Countable maintenance of effort and excess maintenance of effort, by source, for the current fiscal year, including changes in countable maintenance of effort from the previous year;
(iv) The status of reportable federal participation rate requirements, including any impact of excess maintenance of effort on participation targets;
(v) Potential new sources of maintenance of effort and progress to obtain additional maintenance of effort;
(vi) A two-year projection for meeting federal block grant and contingency fund maintenance of effort, participation targets, and future reportable federal participation rate requirements; and
(vii) Proposed and enacted federal law changes affecting maintenance of effort or the participation rate, what impact these changes have on Washington's temporary assistance for needy families program, and the department's plan to comply with these changes.
(i) In the 2021-2023 fiscal biennium, it is the intent of the legislature to provide appropriations from the state general fund for the purposes of (a) of this subsection if the department does not receive additional federal temporary assistance for needy families contingency funds in each fiscal year as assumed in the budget outlook.
(2) $2,545,000 of the general fundstate appropriation for fiscal year 2022 and $2,546,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for naturalization services.
(3) $2,366,000 of the general fundstate appropriation for fiscal year 2022 is provided solely for employment services for refugees and immigrants, of which $1,774,000 is provided solely for the department to pass through to statewide refugee and immigrant assistance organizations for limited English proficiency pathway services; and $2,366,000 of the general fundstate appropriation for fiscal year 2023 is provided solely for employment services for refugees and immigrants, of which $1,774,000 is provided solely for the department to pass through to statewide refugee and immigrant assistance organizations for limited English proficiency pathway services.
(4) On January 1, 2022, and January 1, 2023, the department must report to the governor and the legislature on all sources of funding available for both refugee and immigrant services and naturalization services during the current fiscal year and the amounts expended to date by service type and funding source. The report must also include the number of clients served and outcome data for the clients.
(5) To ensure expenditures remain within available funds appropriated in this section, the legislature establishes the benefit under the state food assistance program, pursuant to RCW 74.08A.120, to be one hundred percent of the federal supplemental nutrition assistance program benefit amount.
(6) The department shall review clients receiving services through the aged, blind, or disabled assistance program, to determine whether they would benefit from assistance in becoming naturalized citizens, and thus be eligible to receive federal supplemental security income benefits. Those cases shall be given high priority for naturalization funding through the department.
(7) The department shall continue the interagency agreement with the department of veterans' affairs to establish a process for referral of veterans who may be eligible for veterans' services. This agreement must include out-stationing department of veterans' affairs staff in selected community service office locations in King and Pierce counties to facilitate applications for veterans' services.
(8) $1,500,000 of the general fundstate appropriation for fiscal year 2022 and $1,500,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for operational support of the Washington information network 211 organization.
(9) $609,000 of the general fundstate appropriation for fiscal year 2022 and $380,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for the implementation of section 2, chapter 9, Laws of 2021 (SHB 1151) (public assistance), a state-funded cash benefit program and transitional food assistance program for households with children that are recipients of the supplemental nutrition assistance program of the food assistance program but are not recipients of the temporary assistance for needy families program.
(10) $377,000 of the general fundstate appropriation for fiscal year 2022 and $377,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for the consolidated emergency assistance program.
(11) $77,000 of the general fundstate appropriation for fiscal year 2022 is provided solely for the department to conduct a study, jointly with the poverty reduction work group, on the feasibility of implementing a universal basic income pilot program. The study must include research of other universal basic income programs, recommendations for a pilot in Washington, a cost-benefit analysis, operational costs, and an implementation plan that includes a strategy to ensure pilot participants who voluntarily quit a public assistance program to enroll in the universal basic income pilot will not experience gaps in service upon completion of the pilot. The department shall submit recommendations required by this section to the governor and appropriate legislative committees no later than June 1, 2022.
(12) $251,000 of the general fundstate appropriation for fiscal year 2022 is provided solely for costs in state fiscal year 2022 that are associated with the temporary suspension of mid-certification reviews and extension of the eligibility review between November 2020 and June 2021 for the aged, blind, or disabled program.
(13) $388,000 of the general fundstate appropriation for fiscal year 2022 is provided solely for costs in fiscal year 2022 that are associated with the temporary suspension of mid-certification reviews and extension of the eligibility review between November 2020 and June 2021 for the food assistance program.
(14) $5,399,000 of the coronavirus state fiscal recovery ((account))fundfederal appropriation is provided solely for the department to increase benefits for the food assistance program to maintain parity with benefits provided under the supplemental nutrition assistance program, for the period of July 1, 2021, through ((September 30, 2021))January 31, 2022.
(15) $340,000,000 of the coronavirus state fiscal recovery fundfederal appropriation is provided solely for the Washington immigrant relief fund, a disaster assistance program to provide grants to eligible persons. Administrative costs may not exceed 10 percent of the funding in this subsection.
(a) A person is eligible for a grant who:
(i) Lives in Washington state;
(ii) Is at least 18 years of age;
(iii) After January 1, 2021, and before June 30, 2023, has been significantly affected by the coronavirus pandemic, such as loss of employment or significant reduction in work hours, contracting the coronavirus, having to self-quarantine as a result of exposure to the coronavirus, caring for a family member who contracted the coronavirus, or being unable to access childcare for children impacted by school or childcare closures; and
(iv) Is not eligible to receive federal economic impact (stimulus) payments or unemployment insurance benefits due to the person's immigration status.
(b) The department may not deny a grant to a person on the basis that another adult in the household is eligible for federal economic impact (stimulus) payments or unemployment insurance benefits or that the person previously received a grant under the program. However, a person may not receive more than three grants.
(c) The department's duty to provide grants is subject to the availability of the amounts specified in this subsection, and the department must prioritize grants to persons who are most in need of financial assistance using factors that include, but are not limited to: (i) Having an income at or below 250 percent of the federal poverty level; (ii) being the primary or sole income earner of household; (iii) experiencing housing instability; and (iv) having contracted or being at high risk of contracting the coronavirus.
(d) The department may contract with one or more entities to administer the program. If the department engages in a competitive contracting process for administration of the program, experience in administering similar programs must be given weight in the selection process to expedite the delivery of benefits to eligible applicants.
(16) $204,000 of the general fundstate appropriation for fiscal year 2022 and (($22,635,000))$22,766,000 of the general fundfederal appropriation (ARPA) are provided solely for the department to provide a one-time or short-term cash benefit to families eligible for pandemic emergency assistance under section 9201 of the American rescue plan act of 2021, P.L. 117-2, and to offer an equivalent benefit to eligible state family assistance or food assistance program recipients.
(17) $88,000 of the general fundstate appropriation for fiscal year 2022 and $89,000 of the general fundfederal appropriation are provided solely for the implementation of chapter 90, Laws of 2021 (SSB 5068) (postpartum period/Medicaid).
(18) $41,000 of the general fundstate appropriation for fiscal year 2022, $81,000 of the general fundstate appropriation for fiscal year 2023, and $237,000 of the general fundfederal appropriation are provided solely for implementation of Substitute House Bill No. 1416 (insurers/child support coll.). ((If the bill is not enacted by June 30, 2021, the amounts provided in this subsection shall lapse.))
(19) $11,884,000 of the general fundstate appropriation for fiscal year 2022 and $15,248,000 of the general fundfederal appropriation are provided solely to cover the variance in total child support arrears collected in fiscal year 2022 compared to the total arrears collected in fiscal year 2021.
(20) $36,860,000 of the general fundstate appropriation for fiscal year 2023 is provided solely to increase the grant standard for the aged, blind, or disabled program to a maximum of $417 per month for a one-person grant and $528 for a two-person grant effective September 1, 2022.
(21) $513,000 of the general fundstate appropriation for fiscal year 2023 is provided solely to eliminate the mid-certification review for blind or disabled participants in the aged, blind, or disabled program, effective July 1, 2022.
(22) $195,000 of the general fundstate appropriation for fiscal year 2023 is provided solely to expand the aged, blind, or disabled program's clothing, personal maintenance, and necessary incidentals grant to individuals between the ages of 21 and 64 who are residing in a public mental institution, effective September 1, 2022.
(23) $560,000 of the general fundstate appropriation for fiscal year 2023 is provided solely to implement a state-funded employment and training program for recipients of the state's food assistance program, effective July 1, 2022.
(24) $219,000 of the general fundstate appropriation for fiscal year 2023 is provided solely to implement Substitute Senate Bill No. 5785 (concerning transitional food assistance). If the bill is not enacted by June 30, 2022, the amount provided in this subsection shall lapse.
(25) $211,000 of the general fundstate appropriation for fiscal year 2022, $5,727,000 of the general fundstate appropriation for fiscal year 2023, and $13,762,000 of the general fundfederal appropriation are provided solely for the integrated eligibility and enrollment modernization project to create a comprehensive application and benefit status tracker for multiple programs and to establish a foundational platform. Funding is subject to the conditions, limitations, and review requirements of section 701 of this act.
(26) $95,000 of the general fundstate appropriation for fiscal year 2023 and $61,000 of the general fundfederal appropriation are provided solely to remove the asset limit test for the medicare savings plan program in collaboration with the health care authority, effective January 1, 2023.
(27) $207,000 of the general fundstate appropriation for fiscal year 2023 is provided solely for system upgrades necessary for the anticipated expansion of medicaid equivalent health care coverage to uninsured adults with income up to 138 percent of the federal poverty level regardless of immigration status in collaboration with the health care authority. Funding is subject to the conditions, limitations, and review requirements of section 701 of this act.
(28) $27,000 of the general fundstate appropriation for fiscal year 2023 is provided solely for implementation of Substitute Senate Bill No. 5729 (exception to administrative hearing deadlines). If the bill is not enacted by June 30, 2022, the amount provided in this subsection shall lapse.
(29) $8,489,000 of the general fundstate appropriation for fiscal year 2022 and $4,922,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for temporary and permanent housing needs of refugees from the 2022 Ukraine-Russia conflict arriving in Washington state, along with other necessary support services such as employment and training, case management, legal services, emergency supports, integration into schools, and physical and mental health needs.
Sec. 206. 2021 c 334 s 206 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF SOCIAL AND HEALTH SERVICESVOCATIONAL REHABILITATION PROGRAM
General FundState Appropriation (FY 2022)
. . . .
(($16,231,000))
     
$17,363,000
General FundState Appropriation (FY 2023)
. . . .
(($16,456,000))
     
$24,646,000
General FundFederal Appropriation
. . . .
(($109,595,000))
     
$109,830,000
Coronavirus State Fiscal Recovery FundFederal
Appropriation
. . . .
$13,000
TOTAL APPROPRIATION
. . . .
(($142,282,000))
     
$151,852,000
The appropriations in this section are subject to the following conditions and limitations:
(1) $40,000 of the general fundstate appropriation for fiscal year 2022 and $40,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for implementation of Second Substitute House Bill No. 1061 (child welfare/dev disability). ((If the bill is not enacted by June 30, 2021, the amounts provided in this subsection shall lapse.))
(2) $5,087,000 of the general fundstate appropriation for fiscal year 2023 and $235,000 of the general fundfederal appropriation are provided solely for implementation of Substitute Senate Bill No. 5790 (community support services). If the bill is not enacted by June 30, 2022, the amounts provided in this subsection shall lapse.
Sec. 207. 2021 c 334 s 207 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF SOCIAL AND HEALTH SERVICESSPECIAL COMMITMENT PROGRAM
General FundState Appropriation (FY 2022)
. . . .
(($63,650,000))
     
$64,880,000
General FundState Appropriation (FY 2023)
. . . .
(($61,748,000))
     
$69,819,000
Coronavirus State Fiscal Recovery FundFederal
Appropriation
. . . .
$404,000
TOTAL APPROPRIATION
. . . .
(($125,398,000))
     
$135,103,000
The appropriations in this section are subject to the following conditions and limitations:
(1) The special commitment center may use funds appropriated in this subsection to purchase goods and supplies through hospital group purchasing organizations when it is cost-effective to do so.
(2) $1,204,000 of the general fundstate appropriation for fiscal year 2022 and $1,079,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for specialized equipment and additional medical staff to provide more capacity to deliver care to individuals housed at the total confinement facility. No later than November 1, 2023, the department shall report to the legislature on the number of individuals treated on the island that previously would have been transported off the island for treatment.
(3) $16,000 of the general fundstate appropriation for fiscal year 2022 and $15,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for the increased costs for personal computers leased through the department of enterprise services.
(4) $6,768,000 of the general fundstate appropriation for fiscal year 2022 and $4,496,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for implementation of Engrossed Second Substitute Senate Bill No. 5163 (conditionally released SVPs). ((If the bill is not enacted by June 30, 2021, the amounts provided in this subsection shall lapse.))
(5) $3,792,000 of the general fundstate appropriation for fiscal year 2023 is provided solely for the department to enter into an interagency agreement with King county to provide prosecution services pursuant to chapter 71.09 RCW in King county.
Sec. 208. 2021 c 334 s 208 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF SOCIAL AND HEALTH SERVICESADMINISTRATION AND SUPPORTING SERVICES PROGRAM
General FundState Appropriation (FY 2022)
. . . .
(($39,381,000))
     
$41,104,000
General FundState Appropriation (FY 2023)
. . . .
(($39,035,000))
     
$48,995,000
General FundFederal Appropriation
. . . .
(($51,371,000))
     
$54,647,000
Coronavirus State Fiscal Recovery FundFederal
Appropriation
. . . .
$132,000
TOTAL APPROPRIATION
. . . .
(($129,787,000))
     
$144,878,000
The appropriations in this section are subject to the following conditions and limitations:
(1) Within amounts appropriated in this section, the department shall provide to the department of health, where available, the following data for all nutrition assistance programs funded by the United States department of agriculture and administered by the department. The department must provide the report for the preceding federal fiscal year by February 1, 2022, and February 1, 2023. The report must provide:
(a) The number of people in Washington who are eligible for the program;
(b) The number of people in Washington who participated in the program;
(c) The average annual participation rate in the program;
(d) Participation rates by geographic distribution; and
(e) The annual federal funding of the program in Washington.
(2)(a) $3,000 of the general fundstate appropriation for fiscal year 2022, $5,000 of the general fundstate appropriation for fiscal year 2023, and $8,000 of the general fundfederal appropriation are provided solely for the implementation of an agreement reached between the governor and the Washington federation of state employees for the language access providers under the provisions of chapter 41.56 RCW for the 2021-2023 fiscal biennium.
(b) $25,000 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 fiscal year 2023 as provided in section 936 of this act.
(3) By October 1, 2021, the department must submit a report to the fiscal committees of the legislature detailing shortcomings of the previously funded electronic health records system and contract, the clinical validity of existing software, approaches to mitigate the shortcomings of previously funded system, and a recommended approach to establishing a comprehensive electronic health records system at state facilities in the future.
(4) $39,000 of the general fundstate appropriation for fiscal year 2022 is provided solely to implement Substitute House Bill No. 1411 (health care workforce). ((If the bill is not enacted by June 30, 2021, the amount provided in this subsection shall lapse.))
(5) $3,640,000 of the general fundstate appropriation for fiscal year 2023 and $910,000 of the general fundfederal appropriation are provided solely to implement Engrossed Second Substitute Senate Bill No. 5662 (right-of-way camping/housing) and to create cross-agency collaboration teams to coordinate services at the state, regional, and local level for those living on public right-of-way encampment sites across the state of Washington. A centralized data analysis team will also be created and charged with the data infrastructure development necessary to track the location of encampments, monitor progress, and assist with annual outcome reporting.
(6) $75,000 of the general fundstate appropriation for fiscal year 2023 is provided solely for the department, in collaboration with the Washington state health care authority, to study the cost and benefit of adopting available options to expand medicare savings programs and classic medicaid programs, including categorically needy and medically needy, to promote affordable care, premiums, and cost-sharing for medicare enrollees. The cost analysis must identify available federal funding for each option. The department shall consider options that create affordability comparable to affordable care act programs available to adults without medicare, as well as intermediate options that move toward comparability. The study must analyze equity impacts of each option, considering gender, race, and ethnicity. The department shall submit the study and recommendations to the fiscal and health care committees of the legislature, as well as the joint legislative-executive committee on planning for aging and disability issues, by November 1, 2022.
(7) $75,000 of the general fundstate appropriation for fiscal year 2023 is provided solely for the department to design and conduct a study describing the service experiences and characteristics of persons receiving medicaid-funded long-term services and supports and persons receiving services related to developmental or intellectual disabilities, and associated social and health services expenditures. Where feasible, this analysis shall include service experiences and expenditures of these populations within and across medicaid-funded long-term services and supports, medicaid-funded medical programs, medicaid-funded behavioral health programs, and medicare programs in Washington state. The department analysis shall be developed in consultation with relevant stakeholders, including but not limited to the Washington state health care authority. The department shall submit a final study report to the governor and appropriate committees of the legislature by December 31, 2022.
(8) $715,000 of the general fundstate appropriation for fiscal year 2023 and $179,000 of the general fundfederal appropriation are provided solely for implementation of Substitute Senate Bill No. 5723 (diversity in clinical trials). If the bill is not enacted by June 30, 2022, the amounts provided in this subsection shall lapse.
(9) $65,000 of the general fundstate appropriation for fiscal year 2023 is provided solely for the department to prepare an annual report in consultation with the department of commerce on the projected demand for permanent supportive housing. This report is to be submitted to the appropriate committees of the legislature by December 1, 2022.
Sec. 209. 2021 c 334 s 209 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF SOCIAL AND HEALTH SERVICESPAYMENTS TO OTHER AGENCIES PROGRAM
General FundState Appropriation (FY 2022)
. . . .
(($65,743,000))
     
$66,890,000
General FundState Appropriation (FY 2023)
. . . .
(($56,529,000))
     
$57,639,000
General FundFederal Appropriation
. . . .
(($53,229,000))
     
$53,270,000
TOTAL APPROPRIATION
. . . .
(($175,501,000))
     
$177,799,000
The appropriations in this section are subject to the following conditions and limitations: Within the amounts appropriated in this section, the department must extend master property insurance to all buildings owned by the department valued over $250,000 and to all locations leased by the department with contents valued over $250,000.
Sec. 210. 2021 c 334 s 210 (uncodified) is amended to read as follows:
FOR THE STATE HEALTH CARE AUTHORITY
(1)(a) During the 2021-2023 fiscal biennium, the health care authority shall provide support and data as required by the office of the state actuary in providing the legislature with health care actuarial analysis, including providing any information in the possession of the health care authority or available to the health care authority through contracts with providers, plans, insurers, consultants, or any other entities contracting with the health care authority.
(b) Information technology projects or investments and proposed projects or investments impacting time capture, payroll and payment processes and systems, eligibility, case management, and authorization systems within the health care authority are subject to technical oversight by the office of the chief information officer.
(2) The health care authority shall not initiate any services that require expenditure of state general fund moneys unless expressly authorized in this act or other law. The health care authority may seek, receive, and spend, under RCW 43.79.260 through 43.79.282, federal moneys not anticipated in this act as long as the federal funding does not require expenditure of state moneys for the program in excess of amounts anticipated in this act. If the health care authority receives unanticipated unrestricted federal moneys, those moneys shall be spent for services authorized in this act or in any other legislation providing appropriation authority, and an equal amount of appropriated state general fund moneys shall lapse. Upon the lapsing of any moneys under this subsection, the office of financial management shall notify the legislative fiscal committees. As used in this subsection, "unrestricted federal moneys" includes block grants and other funds that federal law does not require to be spent on specifically defined projects or matched on a formula basis by state funds.
(3)(a) The health care authority, the health benefit exchange, the department of social and health services, the department of health, and the department of children, youth, and families shall work together within existing resources to establish the health and human services enterprise coalition (the coalition). The coalition, led by the health care authority, must be a multi-organization collaborative that provides strategic direction and federal funding guidance for projects that have cross-organizational or enterprise impact, including information technology projects that affect organizations within the coalition. The office of the chief information officer shall maintain a statewide perspective when collaborating with the coalition to ensure that projects are planned for in a manner that ensures the efficient use of state resources, supports the adoption of a cohesive technology and data architecture, and maximizes federal financial participation. The work of the coalition and any project identified as a coalition project is subject to the conditions, limitations, and review provided in section 701 of this act.
(b) The health care authority must submit a report on November 1, 2021, and annually thereafter, to the fiscal committees of the legislature. The report must include, at a minimum:
(i) A list of active coalition projects as of July 1st of the fiscal year. This must include all current and ongoing coalition projects, which coalition agencies are involved in these projects, and the funding being expended on each project, including in-kind funding. For each project, the report must include which federal requirements each coalition project is working to satisfy, and when each project is anticipated to satisfy those requirements; and
(ii) A list of coalition projects that are planned in the current and following fiscal year. This must include which coalition agencies are involved in these projects, including the anticipated in-kind funding by agency, and if a budget request will be submitted for funding. This must reflect all funding required by fiscal year and by fund source and include the budget outlook period.
(4) The appropriations to the health care authority in this act shall be expended for the programs and in the amounts specified in this act. However, after May 1, 2022, unless prohibited by this act, the authority may transfer general fundstate appropriations for fiscal year 2022 among programs after approval by the director of the office of financial management. The authority must notify the fiscal committees of the legislature prior to receiving approval from the director of the office of financial management. To the extent that appropriations in sections 211 through 215 of this act are insufficient to fund actual expenditures in excess of caseload forecast and utilization assumptions or for expenses in response to the COVID-19 pandemic, the authority may transfer general fundstate appropriations for fiscal year 2022 that are provided solely for a specified purpose. The authority may not transfer funds, including for expenses in response to the COVID-19 pandemic in fiscal year 2022, and the director of the office of financial management shall not approve the transfer, unless the transfer is consistent with the objective of conserving, to the maximum extent possible, the expenditure of state funds. The director of the office of financial management shall notify the appropriate fiscal committees of the legislature in writing seven days prior to approving any allotment modifications or transfers under this section. The written notification must include a narrative explanation and justification of changes, along with expenditures and allotments by budget unit and appropriation, both before and after any allotment modifications and transfers.
Sec. 211. 2021 c 334 s 211 (uncodified) is amended to read as follows:
FOR THE STATE HEALTH CARE AUTHORITYMEDICAL ASSISTANCE
General FundState Appropriation (FY 2022)
. . . .
(($2,516,277,000))
     
$2,391,512,000
General FundState Appropriation (FY 2023)
. . . .
(($2,439,933,000))
     
$2,609,550,000
General FundFederal Appropriation
. . . .
(($13,199,214,000))
     
$13,946,048,000
General FundPrivate/Local Appropriation
. . . .
(($355,726,000))
     
$463,318,000
Emergency Medical Services and Trauma Care Systems
Trust AccountState Appropriation
. . . .
$15,086,000
Hospital Safety Net Assessment AccountState
Appropriation
. . . .
(($723,238,000))
     
$685,383,000
Dedicated Marijuana AccountState Appropriation
(FY 2022)
. . . .
(($24,511,000))
     
$26,063,000
Dedicated Marijuana AccountState Appropriation
(FY 2023)
. . . .
(($25,182,000))
     
$21,933,000
Medical Aid AccountState Appropriation
. . . .
$540,000
Telebehavioral Health Access AccountState
Appropriation
. . . .
(($7,714,000))
     
$8,034,000
Coronavirus State Fiscal Recovery FundFederal
Appropriation
. . . .
(($35,000,000))
     
$59,600,000
Ambulance Transport FundState Appropriation
. . . .
$14,317,000
TOTAL APPROPRIATION
. . . .
(($19,342,421,000))
     
$20,241,384,000
The appropriations in this section are subject to the following conditions and limitations:
(1) The authority shall not accept or expend any federal funds received under a medicaid transformation waiver under healthier Washington except as described in subsections (2), (3), and (4) of this section until specifically approved and appropriated by the legislature. To ensure compliance with legislative directive budget requirements and terms and conditions of the waiver, the authority shall implement the waiver and reporting requirements with oversight from the office of financial management. The legislature finds that appropriate management of the innovation waiver requires better analytic capability, transparency, consistency, timeliness, accuracy, and lack of redundancy with other established measures and that the patient must be considered first and foremost in the implementation and execution of the demonstration waiver. In order to effectuate these goals, the authority shall: (a) Require the Dr. Robert Bree collaborative and the health technology assessment program to reduce the administrative burden upon providers by only requiring performance measures that are nonduplicative of other nationally established measures. The joint select committee on health care oversight will evaluate the measures chosen by the collaborative and the health technology assessment program for effectiveness and appropriateness; (b) develop a patient satisfaction survey with the goal to gather information about whether it was beneficial for the patient to use the center of excellence location in exchange for additional out-of-pocket savings; (c) ensure patients and health care providers have significant input into the implementation of the demonstration waiver, in order to ensure improved patient health outcomes; and (d) in cooperation with the department of social and health services, consult with and provide notification of work on applications for federal waivers, including details on waiver duration, financial implications, and potential future impacts on the state budget, to the joint select committee on health care oversight prior to submitting waivers for federal approval. The authority shall submit an application to the centers for medicaid and medicare services to extend the duration of the medicaid transformation waiver under healthier Washington as described in subsections (2), (3), and (4) of this section by one year. If not extended, by federal standard, the medicaid transformation demonstration waiver shall not exceed the duration originally granted by the centers for medicare and medicaid services and any programs created or funded by this waiver do not create an entitlement.
(2)(a) No more than (($63,052,000))$78,409,000 of the general fundfederal appropriation and no more than (($50,840,000))$66,264,000 of the general fundlocal appropriation may be expended for transformation through accountable communities of health described in initiative 1 of the medicaid transformation demonstration wavier under healthier Washington, including preventing youth drug use, opioid prevention and treatment, and physical and behavioral health integration. Under this initiative, the authority shall take into account local input regarding community needs. In order to ensure transparency to the appropriate fiscal committees of the legislature, the authority shall provide fiscal staff of the legislature query ability into any database of the fiscal intermediary that authority staff would be authorized to access. The authority shall not increase general fundstate expenditures under this initiative. The director shall also report to the fiscal committees of the legislature all of the expenditures under this subsection and shall provide such fiscal data in the time, manner, and form requested by the legislative fiscal committees.
(b) No more than (($243,047,000))$198,909,000 of the general fund—federal appropriation and no more than (($99,274,000))$81,245,000 of the general fund—private/local appropriation may be expended for the medicaid quality improvement program. Under federal regulations, the medicaid quality improvement program is authorized and allows states to design quality improvement programs for the medicaid population in ways that support the state's quality goals. Medicaid quality improvement program payments will not count against the medicaid transformation demonstration waiver spending limits and are excluded from the waiver's budget neutrality calculation. Apple health managed care organizations and their partnering providers will receive medicaid quality improvement program payments as they meet designated milestones. Partnering providers and apple health managed care organizations will work together to achieve medicaid quality improvement program goals according to the performance period timelines and reporting deadlines as set forth by the authority. The authority shall only utilize the medicaid quality improvement program to support the transformation waiver and shall not pursue its use for other purposes. Any programs created or funded by the medicaid quality improvement program does not create an entitlement. The authority shall not increase general fund—state, federal, or private/local expenditures under this program. The director shall report to the joint select committee on health care oversight not less than quarterly on financial and health outcomes. The director shall report to the fiscal committees of the legislature all of the expenditures under this subsection and shall provide such fiscal data in the time, manner, and form requested by the legislative fiscal committees.
(3) No more than $26,837,000 of the general fundfederal appropriation and $26,839,000 of the general fundlocal appropriation may be expended for tailored support for older adults and medicaid alternative care described in initiative 2 of the medicaid transformation demonstration waiver under healthier Washington as well as administrative expenses for initiative 3. The authority shall contract and provide funding to the department of social and health services to administer initiative 2. The director in cooperation with the secretary of the department of social and health services shall report to the office of financial management all of the expenditures of this section and shall provide such fiscal data in the time, manner, and form requested. The authority shall not increase general fundstate expenditures on this initiative.
(4) No more than (($50,389,000))$28,680,000 of the general fundfederal appropriation and no more than (($22,862,000))$12,992,000 of the general fundlocal appropriation may be expended for supported housing and employment services described in initiative 3a and 3b of the medicaid transformation demonstration waiver under healthier Washington. Under this initiative, the authority and the department of social and health services shall ensure that allowable and necessary services are provided to eligible clients as identified by the department or its third party administrator. The authority shall not increase general fundstate expenditures under this initiative. The director shall report to the joint select committee on health care oversight no less than quarterly on financial and health outcomes. The director shall also report to the fiscal committees of the legislature all of the expenditures of this subsection and shall provide such fiscal data in the time, manner, and form requested by the legislative fiscal committees.
(5) The authority shall submit an application to the centers for medicare and medicaid services to renew the 1115 demonstration waiver for an additional five years as described in subsections (2), (3), and (4) of this section. The authority may not accept or expend any federal funds received under an 1115 demonstration waiver except as described in this section unless the legislature has appropriated the federal funding. To ensure compliance with legislative requirements and terms and conditions of the waiver, the authority shall implement the renewal of the 1115 demonstration waiver and reporting requirements with oversight from the office of financial management. The legislature finds that appropriate management of the renewal of the 1115 demonstration waiver as set forth in subsections (6), (7), and (8) of this section requires sound, consistent, timely, and transparent oversight and analytic review in addition to lack of redundancy with other established measures. The patient must be considered first and foremost in the implementation and execution of the demonstration waiver. To accomplish these goals, the authority shall develop consistent performance measures that focus on population health and health outcomes. The authority shall limit the number of projects that accountable communities of health may participate in both under MQIP and initiative 1 to a maximum of six and shall seek to develop common performance measures when possible. The joint select committee on health care oversight will evaluate the measures chosen: (a) For effectiveness and appropriateness; and (b) to provide patients and health care providers with significant input into the implementation of the demonstration waiver to promote improved population health and patient health outcomes. In cooperation with the department of social and health services, the authority shall consult with and provide notification of work on applications for federal waivers, including details on waiver duration, financial implications, and potential future impacts on the state budget to the joint select committee on health care oversight prior to submitting these waivers for federal approval. Prior to final approval or acceptance of funds by the authority, the authority shall submit the special terms and conditions as submitted to the centers for medicare and medicaid services and the anticipated budget for the duration of the renewed waiver to the governor, the joint select committee on health care, and the fiscal committees of the legislature. By federal standard any programs created or funded by this waiver do not create an entitlement.
(6)(a) $32,434,000 of the general fundfederal appropriation and $40,296,000 of the general fundlocal appropriation are provided solely for accountable communities of health described in initiative 1 of the 1115 demonstration waiver and this is the maximum amount that may be expended for this purpose. In renewing this initiative, the authority shall consider local input regarding community needs and shall limit total local projects to no more than six. To provide transparency to the appropriate fiscal committees of the legislature, the authority shall provide fiscal staff of the legislature query ability into any database of the fiscal intermediary that authority staff would be authorized to access. The authority shall not supplement the amounts provided in this subsection with any general fund—state moneys appropriated in this section or any moneys that may be transferred pursuant to subsection (1) of this section. The director shall report to the fiscal committees of the legislature all expenditures under this subsection and provide such fiscal data in the time, manner, and form requested by the legislative fiscal committees.
(b) $110,778,000 of the general fundfederal appropriation and $45,248,000 of the general fundprivate/local appropriation are provided solely for the medicaid quality improvement program and this is the maximum amount that may be expended for this purpose. Medicaid quality improvement program payments do not count against the 1115 demonstration waiver spending limits and are excluded from the waiver's budget neutrality calculation. The authority may provide medicaid quality improvement program payments to apple health managed care organizations and their partnering providers as they meet designated milestones. Partnering providers and apple health managed care organizations must work together to achieve medicaid quality improvement program goals according to the performance period timelines and reporting deadlines as set forth by the authority. The authority may only use the medicaid quality improvement program to support accountable communities of health, tailored support for older adults and medicaid alternative care, and foundational community supports, also referred to as initiatives 1, 2, and 3, as described in the 1115 demonstration waiver and may not pursue its use for other purposes. Any programs created or funded by the medicaid quality improvement program do not constitute an entitlement for clients or providers. The authority shall not supplement the amounts provided in this subsection with any general fundstate, general fundfederal, or general fundlocal moneys appropriated in this section or any moneys that may be transferred pursuant to subsection (1) of this section. The director shall report to the joint select committee on health care oversight not less than quarterly on financial and health outcomes. The director shall report to the fiscal committees of the legislature all expenditures under this subsection and shall provide such fiscal data in the time, manner, and form requested by the legislative fiscal committees.
(c) In collaboration with the accountable communities of health, the authority will submit a report to the governor and the joint select committee on health care oversight describing how each of the accountable community of health's work aligns with the community needs assessment no later than December 1, 2022.
(d) Performance measures and payments for accountable communities of health shall reflect accountability measures that demonstrate progress toward transparent, measurable, and meaningful goals that have an impact on improved population health and improved health outcomes, including a path to financial sustainability. While these goals may have variation to account for unique community demographics, measures should be standardized when possible.
(7) $19,902,000 of the general fundfederal appropriation and $19,903,000 of the general fundlocal appropriation are provided solely for tailored support for older adults and medicaid alternative care described in initiative 2 of the 1115 demonstration waiver as well as administrative expenses for initiative 3 and this is the maximum amount that may be expended for this purpose. The authority shall contract and provide funding to the department of social and health services to administer initiative 2. The director in cooperation with the secretary of the department of social and health services shall report to the office of financial management all of the expenditures of this section and shall provide such fiscal data in the time, manner, and form requested. The authority shall not supplement the amounts provided in this subsection with any general fundstate moneys appropriated in this section or any moneys that may be transferred pursuant to subsection (1) of this section.
(8)(a) $13,325,000 of the general fundfederal appropriation and $7,318,000 of the general fundlocal appropriation are provided solely for supported housing and employment services described in initiative 3a and 3b of the 1115 demonstration waiver and this is the maximum amount that may be expended for this purpose. Under this initiative, the authority and the department of social and health services shall ensure that allowable and necessary services are provided to eligible clients as identified by the department or its third-party administrator. The authority and the department, in consultation with the medicaid forecast work group, shall ensure that reasonable reimbursements are established for services deemed necessary within an identified limit per individual. The authority shall not supplement the amounts provided in this subsection with any general fundstate moneys appropriated in this section or any moneys that may be transferred pursuant to subsection (1) of this section. The director shall report to the joint select committee on health care oversight no less than quarterly on financial and health outcomes. The director shall also report to the fiscal committees of the legislature all of the expenditures of this subsection and shall provide such fiscal data in the time, manner, and form requested by the legislative fiscal committees.
(b) The authority and the department shall seek additional flexibilities for housing supports through the centers for medicare and medicaid services and shall coordinate with the office of financial management and the department of commerce to ensure that services are not duplicated.
(c) The director shall report to the joint select committee on health care oversight no less than quarterly on utilization and caseload statistics for both supportive housing and employment services and its progress toward increasing uptake and availability for these services.
(9) $202,000 of the general fundstate appropriation for fiscal year 2023 is provided solely for supported employment services and $208,000 of the general fundstate appropriation for fiscal year 2023 is provided solely for supported housing services similar to the services described in initiatives 3a and 3b of the 1115 demonstration waiver to individuals who are ineligible for medicaid. Under these initiatives, 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 third-party administrator. Before authorizing services, eligibility for initiative 3a or 3b of the 1115 demonstration waiver must first be determined.
(10) 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)))(11) 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)))(12) 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)))(13) 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)))(14) 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)))(15) 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)))(16) The legislature affirms that it is in the state's interest for Harborview medical center to remain an economically viable component of the state's health care system.
(17) 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)))(18) $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)))(19) 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)))(20) $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)))(21) 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. For the purpose of determining the amount of any state grant under this subsection, payments will include the federal portion of medicaid program supplemental payments received by the hospitals. Inpatient medicaid payments shall be established using an allowable methodology that approximates the cost of claims submitted by the hospitals. Payments made to each hospital in the program in each fiscal year of the biennium shall be compared to a baseline amount. The baseline amount will be determined by the total of (a) the inpatient claim payment amounts that would have been paid during the fiscal year had the hospital not been in the CPE program based on the reimbursement rates developed, implemented, and consistent with policies approved in the 2021-2023 biennial operating appropriations act and in effect on July 1, 2015, (b) one-half of the indigent assistance disproportionate share hospital payment amounts paid to and retained by each hospital during fiscal year 2005, and (c) all of the other disproportionate share hospital payment amounts paid to and retained by each hospital during fiscal year 2005 to the extent the same disproportionate share hospital programs exist in the 2019-2021 fiscal biennium. If payments during the fiscal year exceed the hospital's baseline amount, no additional payments will be made to the hospital except the federal portion of allowable disproportionate share hospital payments for which the hospital can certify allowable match. If payments during the fiscal year are less than the baseline amount, the hospital will be paid a state grant equal to the difference between payments during the fiscal year and the applicable baseline amount. Payment of the state grant shall be made in the applicable fiscal year and distributed in monthly payments. The grants will be recalculated and redistributed as the baseline is updated during the fiscal year. The grant payments are subject to an interim settlement within eleven months after the end of the fiscal year. A final settlement shall be performed. To the extent that either settlement determines that a hospital has received funds in excess of what it would have received as described in this subsection, the hospital must repay the excess amounts to the state when requested. (($702,000))$425,000 of the general fund—state appropriation for fiscal year 2022 and (($649,000))$391,000 of the general fund—state appropriation for fiscal year 2023 are provided solely for state grants for the participating hospitals.
(((16)))(22) 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)))(23) 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)))(24) 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)))(25) 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)))(26) Sufficient amounts are appropriated in this section for the authority to provide an adult dental benefit.
(((21)))(27) 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)))(28) 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)))(29) $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)))(30) Within the amounts appropriated in this section, the authority shall reimburse for primary care services provided by naturopathic physicians.
(((25)))(31) 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)))(32) 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)))(33) 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)))(34) 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)))(35) 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)))(36) 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)))(37) 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)))(38)(a) The authority shall ensure that appropriate resources are dedicated to implementing the recommendations of the centers for medicare and medicaid services center for program integrity as provided to the authority in the January 2019 Washington focused program integrity review final report. Additionally, the authority shall:
(i) Work to ensure the efficient operations of the managed care plans, including but not limited to, a deconflicting process for audits with and among the managed care plans and the medicaid fraud division at the attorney general's office, to ensure the authority staff perform central audits of cases that appear across multiple managed care plans, versus the audits performed by the individual managed care plans or the fraud division; and
(ii) Remain accountable for operating in an effective and efficient manner, including performing program integrity activities that ensure high value in the medical assistance program in general and in medicaid managed care specifically;
(A) Work with its contracted actuary and the medicaid forecast work group to develop methods and metrics related to managed care program integrity activity that shall be incorporated into annual rate setting; and
(B) Work with the medicaid forecast work group to ensure the results of program integrity activity are incorporated into the rate setting process in a transparent, timely, measurable, quantifiable manner.
(b) The authority shall submit a report to the governor and appropriate committees of the legislature by October 1, 2021, that includes, but is not limited to:
(i) Specific, quantified actions that have been taken, to date, related to the recommendations of the centers for medicare and medicaid services center for program integrity as provided to the authority in the January 2019 Washington focused program integrity review final report; and
(ii) Specific, quantified information regarding the steps taken toward (a)(i), (iii), and (iv) of this subsection.
(((33)))(39) 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)))(40) $2,786,000 of the general fundstate appropriation for fiscal year 2022, $3,714,000 of the general fundstate appropriation for fiscal year 2023, and $11,009,000 of the general fundfederal appropriation are provided solely to maintain and increase access for behavioral health services through increased provider rates. The rate increases are effective October 1, 2021, and must be applied to the following codes for children and adults enrolled in the medicaid program: 90832, 90833, 90834, 90837, H0004, H0036, H2015, H2021, H0023, 90836, 90838, 96156, 96158, 96159, 96164, 96165, 96167, 96168, 96170, 96171, 90845, 90846, 90847, 90849, 90853, 90785, and 90791. The authority may use a substitute code in the event that any of the codes identified in this subsection are discontinued and replaced with an updated code covering the same service. Within the amounts provided in this subsection the authority must:
(a) Implement this rate increase in accordance with the process established in chapter 285, Laws of 2020 (EHB 2584) (behavioral health rates);
(b) Raise the state fee-for-service rates for these codes by up to 15 percent, except that the state medicaid rate may not exceed the published medicare rate or an equivalent relative value unit rate if a published medicare rate is not available;
(c) Require in contracts with managed care organizations that, beginning October 2021, managed care organizations pay no lower than the fee-for-service rate for these codes, and adjust managed care capitation rates accordingly; and
(d) Not duplicate rate increases provided in subsections (((35) and (36)))(41) and (42) of this section.
(((35)))(41) $19,664,000 of the general fundstate appropriation for fiscal year 2022, $26,218,000 of the general fundstate appropriation for fiscal year 2023, and $77,996,000 of the general fundfederal appropriation are provided solely to maintain and increase access for primary care services for medicaid-enrolled patients through increased provider rates beginning October 1, 2021. Within the amounts provided in this subsection the authority must:
(a) Increase the medical assistance rates for adult primary care services that are reimbursed solely at the existing medical assistance rates on a fee-for-service basis, as well as through managed care plans, by at least 15 percent above medical assistance rates in effect on January 1, 2019;
(b) Increase the medical assistance rates for pediatric primary care services that are reimbursed solely at the existing medical assistance rates on a fee-for-service basis, as well as through managed care plans, by at least 21 percent above medical assistance rates in effect on January 1, 2019;
(c) Increase the medical assistance rates for pediatric critical care, neonatal critical care, and neonatal intensive care services that are reimbursed solely at the existing medical assistance rates on a fee-for-service basis, as well as through managed care plans, by at least 21 percent above medical assistance rates in effect on January 1, 2019;
(d) Apply reimbursement rates required under this subsection to payment codes in a manner consistent with the temporary increase in medicaid reimbursement rates under federal rules and guidance in effect on January 1, 2014, implementing the patient protection and affordable care act, except that the authority may not require provider attestations;
(e) Pursue state plan amendments to require medicaid managed care organizations to increase rates under this subsection through adoption of a uniform percentage increase for network providers pursuant to 42 C.F.R. Sec. 438.6(c)(1)(iii)(B), as existing on January 1, 2019; and
(f) Not duplicate rate increases provided in subsections (((34) and (36)))(40) and (42) of this section.
(((36)))(42) $2,233,000 of the general fundstate appropriation for fiscal year 2022, $2,977,000 of the general fundstate appropriation for fiscal year 2023, and $10,871,000 of the general fundfederal appropriation are provided solely to increase provider rates to maintain and increase access for family planning services for patients seeking services through department of health sexual and reproductive health program family planning providers. The rate increases are effective October 1, 2021, and must be applied to the following codes for eligible apple health and family planning only clients seeking services through department of health sexual and reproductive health program providers: 36415, 36416, 55250, 57170, 58340, 58600, 58605, 58611, 58615, 58670, 58671, 59840, 59841, 59850, 59851, 59852, 59855, 59856, 59857, 76817, 81025, 84702, 84703, 86631, 86632, 86901, 87110, 87270, 87320, 87490, 87491, 87590, 87591, 87624, 87625, 87800, 87810, 88141, 88142, 88143, 88147, 88148, 88150, 88152, 88153, 88164, 88165, 88166, 88167, 88174, 88175, 96372, 99071, 99201, 99202, 99203, 99204, 99211, 99212, 99213, 99214, 99384, 99385, 99386, 99394, 99395, 99396, 99401, and S0199. The authority may use a substitute code if any of the codes identified in this subsection are discontinued and replaced with an updated code covering the same service. Within the amounts provided in this subsection the authority must:
(a) Increase the family planning rates for services that are included on and reimbursed solely at the existing family planning fee schedule on a fee-for-service basis, as well as through managed care plans, by at least 162 percent above family planning fee schedule rates in effect on January 1, 2021;
(b) Pursue state plan amendments to require medicaid managed care organizations to increase rates under this subsection through adoption of a uniform percentage increase for network providers pursuant to 42 C.F.R. Sec. 438.6(c)(1)(iii)(B), as existing on January 1, 2021; and
(c) Not duplicate rate increases provided in subsections (((34) and (35)))(40) and (41) of this section.
(((37)))(43)(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)))(44)(a) The authority in collaboration with the office of financial management and representatives from fiscal committees of the legislature shall conduct an evaluation of the APM4 model to determine its cost effectiveness and impact on patient outcomes and report its findings and recommendations to the appropriate committees of the legislature by November 15, 2022.
(b) The authority shall not enter into any future value-based arrangements with federally qualified health centers or rural health clinics prior to receiving approval from the office of financial management and the appropriate committees of the legislature.
(c) The authority shall not modify the reconciliation process or the APM4 program with federally qualified health centers or rural health clinics without notification to and the opportunity to comment from the office of financial management.
(d) The authority shall require all managed care organizations to provide information to the authority to account for all payments to federally qualified health centers to include how payments are made, including any additional payments and whether there is a sub-capitation arrangement or value-based purchasing arrangement.
(e) Beginning with fiscal year 2021 and for each subsequent year thereafter, the authority shall reconcile on an annual basis with federally qualified health centers contracting under APM4.
(f) Beginning with fiscal year 2021 and for each subsequent year thereafter, the authority shall properly accrue for any anticipated reconciliations with federally qualified health centers contracting under APM4 during the fiscal year close process following generally accepted accounting practices.
(((39)))(45) 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)))(46) Within the amounts appropriated in this section, the authority shall reimburse for maternity services provided by doulas.
(((41)))(47) $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)))(48) $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)))(49) $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)))(50) $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)))(51) $654,000 of the general fundstate appropriation for fiscal year 2022, $655,000 of the general fundstate appropriation for fiscal year 2023, and $2,154,000 of the general fundfederal appropriation are provided solely for the authority to increase the nonemergency medical transportation broker administrative rate to ensure access to health care services for medicaid patients.
(((46)))(52) $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))$3,368,000 of the general fundfederal appropriation are provided solely to increase the rates paid to rural hospitals that meet the criteria in (a) through (((d)))(e) of this subsection. Payments for state and federal medical assistance programs for services provided by such a hospital, regardless of the beneficiary's managed care enrollment status, must be increased to 150 percent of the hospital's fee-for-service rates. The authority must discontinue this rate increase after June 30, ((2023))2022, and return to the payment levels and methodology for these hospitals that were in place as of January 1, 2018. Hospitals participating in the certified public expenditures program may not receive increased reimbursement for inpatient services. Hospitals qualifying for this rate increase must:
(a) Be certified by the centers for medicare and medicaid services as sole community hospitals as of January 1, 2013;
(b) Have had less than 150 acute care licensed beds in fiscal year 2011;
(c) Have a level III adult trauma service designation from the department of health as of January 1, 2014;
(d) Be owned and operated by the state or a political subdivision; and
(e) Accept single bed certification patients pursuant to RCW 71.05.745.
(((47)))(53) $100,000 of the general fundstate appropriation for fiscal year 2022, $100,000 of the general fundstate appropriation for fiscal year 2023, and $200,000 of the general fundfederal appropriation are provided solely for pass through funding for a citizens of the compact of free association (COFA) community member led organization through a Washington state based organization contract as outlined in RCW 43.71A.030 to provide additional supports to COFA community members statewide who are seeking access to health coverage and health care services. The amounts provided in this subsection for fiscal year 2022 must be distributed no later than October 1, 2021. The amounts provided in this subsection for fiscal year 2023 must be distributed no later than October 1, 2022.
(((48)))(54) The authority shall collaborate with the Washington state LGBTQ commission, the department of health, advocates for people living with HIV in Washington, consumers, and medical professionals with expertise in serving the medicaid population living with HIV, to consider and develop recommendations regarding:
(a) Access to HIV antiretroviral drugs on the medicaid drug formulary, including short- and long-term fiscal implications of eliminating current prior authorization and fail-first requirements;
(b) Impact of drug access on public health and the statewide goal of reducing HIV transmissions; and
(c) Maximizing pharmaceutical drug rebates for HIV antiretroviral drugs.
(((49)))(55) $22,000 of the general fundstate appropriation for fiscal year 2022, $22,000 of the general fundstate appropriation for fiscal year 2023, and $134,000 of the general fundfederal appropriation are provided solely to implement Substitute Senate Bill No. 5157 (behavioral disorders/justice). ((If the bill is not enacted by June 30, 2021, the amounts provided in this subsection shall lapse.
(50)))(56) Within the amounts appropriated in this section, the authority shall extend the oral health connections pilot project in Spokane, Thurston, and Cowlitz counties. The authority shall continue to work in collaboration with a state-based oral health foundation to jointly develop and implement the program. The purpose of the pilot is to test the effect that enhanced dental benefits for medicaid clients with diabetes and pregnant clients have on access to dental care, health outcomes, and medical care costs. The pilot program must continue to include enhanced reimbursement rates for participating dental providers, including denturists licensed under chapter 18.30 RCW, and an increase in the allowable number of periodontal treatments to up to four per calendar year. The authority has the option of extending pilot program eligibility to dually eligible medicaid clients who are diabetic or pregnant and to pregnant medicaid clients under the age of 20. The authority has the option of adjusting the pilot program benefit design and fee schedule based on previous findings, within amounts appropriated in this section. Diabetic or pregnant medicaid clients who are receiving dental care within the pilot regions, regardless of location of the service within the pilot regions, are eligible for the increased number of periodontal treatments. The state-based oral health foundation shall continue to partner with the authority and provide wraparound services to link patients to care. The authority and foundation shall provide a joint report to the appropriate committees of the legislature on October 1, 2021, outlining the findings of the original three-year pilot program, and on December 1, 2022, outlining the progress of the extended pilot program.
(((51)))(57)(a) $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).
(b) $200,000 of the general fundstate appropriation for fiscal year 2023 and $200,000 of the general fundfederal appropriation are provided solely for the authority to contract with access to baby and child dentistry local programs for the purpose of maintaining and expanding capacity for local program coordinators. The goals of this contracting include, but are not limited to, reducing racial and ethnic disparities in access to care and oral health outcomes, increasing the percentage of medicaid-enrolled children under the age of two accessing dental care, and continued provider engagement and outreach. The authority may contract with the office of equity and other statewide and local equity partners to provide training and identify activities and deliverables.
(((52)))(58) $75,000 of the general fundstate appropriation for fiscal year 2022 and $75,000 of the general fundfederal appropriation are provided solely for contracting by the health care authority to further the development and implementation of its Washington primary care transformation initiative, intended to increase team-based primary care and the percentage of overall health care spending in the state devoted to primary care. By October 1, 2021, the authority must update the legislature on the status of the initiative, including any fiscal impacts of this initiative, potential implementation barriers, and needed legislation.
(((53)))(59) Sufficient funds are provided to continue reimbursing dental health aid therapists for services performed in tribal facilities for medicaid clients. The authority must leverage any federal funding that may become available as a result of appeal decisions from the centers for medicare and medicaid services or the United States court of appeals for the ninth circuit.
(((54)))(60) $149,000 of the general fundstate appropriation for fiscal year 2022 and $140,000 of the general fundstate appropriation for fiscal year 2023 are provided solely to implement Engrossed Second Substitute Senate Bill No. 5377 (standardized health plans). ((If the bill is not enacted by June 30, 2021, the amounts provided in this subsection shall lapse.
(55)))(61) Within the amount appropriated within this section, the authority shall implement the requirements of Substitute Senate Bill No. 5068 (postpartum period/medicaid) and the American rescue plan act of 2021, P.L. 117-2, in extending health care coverage during the postpartum period. The authority shall make every effort to expedite and complete eligibility determinations for individuals who are likely eligible to receive health care coverage under Title XIX or Title XXI of the federal social security act to ensure the state is receiving maximum federal match. This includes, but is not limited to, working with managed care organizations to provide continuous outreach in various modalities until the individual's eligibility determination is completed. Beginning June 1, 2022, the authority must submit quarterly reports to the caseload forecast work group on the number of individuals who are likely eligible to receive health care coverage under Title XIX or Title XXI of the federal social security act but are waiting for the authority to complete eligibility determination, the number of individuals who were likely eligible but are now receiving health care coverage with the maximum federal match under Title XIX or Title XXI of the federal social security act, and outreach activities including the work with managed care organizations.
(((56)))(62) $10,695,000 of the general fundstate appropriation for fiscal year 2022, $10,695,000 of the general fundstate appropriation for fiscal year 2023, and $54,656,000 of the general fundfederal appropriation are provided solely to maintain and increase access for adult dental services for medicaid enrolled patients through increased provider rates beginning July 1, 2021. Within the amounts provided in this subsection, the authority must increase the medical assistance rates for adult dental services that are reimbursed solely at the existing medical assistance rates on a fee-for-service basis up to 100 percent above medical assistance rates in effect on January 1, 2019.
(((57)))(63) $551,000 of the general fundstate appropriation for fiscal year 2022, $770,000 of the general fundstate appropriation for fiscal year 2023, and $3,288,000 of the general fundfederal appropriation are provided solely for the implementation of Second Substitute Senate Bill No. 5195 (opioid overdose medication). ((If the bill is not enacted by June 30, 2021, the amounts provided in this subsection shall lapse.
(58)))(64) The authority must claim the enhanced federal medical assistance participation rate for home and community-based services offered under section 9817 of the American rescue plan act of 2021 (ARPA). Appropriations made that constitute supplementation of home and community-based services as defined in section 9817 of ARPA are listed in the LEAP omnibus document HCBS-2021.
(((59)))(65) $250,000 of the general fundstate appropriation for fiscal year 2022 and $250,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for the authority to continue a public-private partnership with a state-based oral health foundation to connect medicaid patients to dental services and reduce barriers to accessing care. The authority shall submit a progress report to the appropriate committees of the legislature by June 30, 2022.
(((60)))(66)(a) $35,000,000 of the coronavirus state fiscal recovery ((account))fundfederal appropriation is provided solely for the authority to distribute grants for the provision of health care services for uninsured and underinsured individuals, regardless of immigration status. Grants provided under this subsection must be used for the direct care of uninsured and underinsured individuals under 200 percent of the federal poverty level, including on-site care as well as referrals to and payment for services provided off-site, for:
(i) The testing, assessment, or treatment of the severe acute respiratory syndrome coronavirus 2 (COVID-19), including facility and provider fees;
(ii) Primary and preventive care;
(iii) Behavioral health services;
(iv) Oral health care;
(v) Assessment, treatment, and management of acute or chronic conditions, including but not limited to the cost of laboratory, prescription medications, specialty care, therapies, radiology, and other diagnostics; and
(vi) Outreach and education needed to inform patients and prospective patients that care is available free of charge.
(b) To be eligible for a grant under this subsection, a federally qualified health center, rural health clinic, free clinic, public hospital district, behavioral health provider or facility, behavioral health administrative service organization, or community-based organization must apply for a grant and agree to not:
(i) Bill individuals for any portion of the services provided that involve the use of amounts appropriated in this section; or
(ii) Use the amounts provided in this subsection for services for which other funds are available, such as federal funds from the families first coronavirus response act and the American rescue plan act.
(c) Grants provided under this subsection may be used to provide on-site care, care delivered via telehealth, and referrals to and payments for services provided off-site. Recipients may use funds distributed in this subsection to reimburse other providers or facilities for the cost of care. Only free clinics may use grants provided under this subsection to cover general operating costs, including staffing, supplies, and equipment purchases.
(d) The agency shall employ fund allocation approaches that engage community residents, organizations, and leaders in identifying priorities and implementing projects and initiatives that reflect community values and priorities. At a minimum, this must include consultation with community health boards and organizations that advocate for access to health care for uninsured state residents.
(e) Recipients of the amounts provided in this subsection must submit reports to the authority on the use of grant funds, including data about utilization of services. The authority shall prepare and post on its website an annual report detailing the amount of funds disbursed and aggregating information submitted by recipients.
(f) The authority may retain no more than three percent of the amounts provided in this subsection for administrative costs.
(g) As used in this subsection, "free clinics" mean private, nonprofit, community, or faith-based organizations that provide medical, dental, and mental health services at little or no cost to uninsured and underinsured people through the use of volunteer health professionals, community volunteers, and partnerships with other health providers.
(((61)))(67) $123,000 of the general fundstate appropriation for fiscal year 2022, $46,000 of the general fundstate appropriation for fiscal year 2023, and $743,000 of the general fundfederal appropriation are provided solely for the implementation of Substitute House Bill No. 1348 (incarcerated persons/medical). ((If the bill is not enacted by June 30, 2021, the amounts provided in this subsection shall lapse.
(62)))(68) $1,350,000 of the general fundstate appropriation for fiscal year 2023 and $2,570,000 of the general fundfederal appropriation are provided solely for the implementation of House Bill No. 1096 (nonmedicare plans). ((If the bill is not enacted by June 30, 2021, the amounts provided in this subsection shall lapse.
(63)))(69) Within the amounts provided in this section, sufficient funding is provided for the authority to implement Second Substitute House Bill No. 1325 (behavioral health/youth).
(((64)))(70) $184,000 of the general fundstate appropriation for fiscal year 2022 and $175,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for the implementation of Engrossed Substitute House Bill No. 1196 (audio-only telemedicine). ((If the bill is not enacted by June 30, 2021, the amounts provided in this subsection shall lapse.
(65)))(71) $232,000 of the general fundstate appropriation for fiscal year 2022, $300,000 of the general fundstate appropriation for fiscal year 2023, and $599,000 of the general fundfederal appropriation are provided solely for reimbursement for a social worker as part of the medical assistance home health benefit.
(((66)))(72) $1,303,000 of the general fundstate appropriation for fiscal year 2022 and $285,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for the implementation of Engrossed Substitute Senate Bill No. 5203 (generic prescription drugs). ((If the bill is not enacted by June 30, 2021, the amounts provided in this subsection shall lapse.
(67)))(73) $18,669,000 from the Indian health improvement reinvestment account is provided solely for Indian health improvement advisory plan projects, programs, and activities authorized by RCW 43.71B.030.
(((68)))(74) $434,000 of the general fundstate appropriation for fiscal year 2022 and $489,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for the authority to partner with the department of social and health services to create surge capacity in acute care hospitals by supporting non-citizens who are both in acute care hospitals awaiting discharge and on the department of social and health services waitlist for services. The amounts provided in this subsection are for the authority to cover the cost of medical assistance for 20 new non-citizen clients.
(((69)))(75) $25,000 of the general fundstate appropriation for fiscal year 2022 and $25,000 of the general fundfederal appropriation are provided solely for the authority to develop an implementation plan to incorporate medical and psychiatric respite care as statewide medicaid benefits. The plan must include an analysis of the cost effectiveness of providing medical and psychiatric respite care benefits for medicaid enrollees. In developing the plan, the authority shall consult with interested stakeholders, including medicaid managed care organizations, community health centers, organizations providing respite care, and hospitals. Amounts provided in this subsection may be used for staff support and one-time contracting. No later than January 15, 2022, the authority shall report its findings to the relevant committees of the legislature, the office of the governor, and the office of financial management.
(((70)))(76) $281,000 of the general fundstate appropriation for fiscal year 2022, $192,000 of the general fundstate appropriation for fiscal year 2023, and $803,000 of the general fundfederal appropriation are provided solely for the implementation of Engrossed Second Substitute Senate Bill No. 5304 (reentry services). ((If the bill is not enacted by June 30, 2021, the amounts provided in this subsection shall lapse.
(71)))(77)(a) The authority shall assess the feasibility and fiscal impacts of an 1115 medicaid waiver to extend continuous eligibility for apple health covered children ages zero through five as a component of school readiness. The authority may seek support for the analysis. Prior to submitting the waiver application, the authority shall provide a status update no later than September 30, 2021, to the governor and fiscal committees of the legislature.
(b) $6,090,000 of the general fundstate appropriation for fiscal year 2023 and $6,125,000 of the general fundfederal appropriation are provided solely for the authority to extend continuous eligibility for apple health to children ages zero to six with income at or below 215 percent of the federal poverty level. The centers for medicare and medicaid services must approve the 1115 medicaid waiver prior to the implementation of this policy.
(78) $500,000 of the general fundstate appropriation for fiscal year 2023 is provided solely for the perinatal support warm line to provide peer support, resources, and referrals to new and expectant parents and people in the emotional transition to parenthood experiencing, or at risk of, postpartum depression or other mental health issues.
(79) Sufficient funding is provided to remove the asset test from the medicare savings program review process.
(80) $270,000 of the general fundstate appropriation for fiscal year 2023 is provided solely for the health care authority to establish a total cost of insulin work group as described in chapter 346, Laws of 2020 (Engrossed Second Substitute House Bill No. 2662) (total cost of insulin).
(81) Sufficient funding is provided to eliminate the mid-certification review process for the aged, blind, or disabled and housing and essential needs referral programs.
(82) $103,000 of the general fundstate appropriation for fiscal year 2022, $253,000 of the general fundstate appropriation for fiscal year 2023, and $2,724,000 of the general fundfederal appropriation are provided solely for the authority to procure an electronic consent management solution for patients and health care providers to exchange health-related information and are subject to the conditions, limitations, and review requirements of section 701 of this act.
(83) $1,788,000 of the general fundstate appropriation for fiscal year 2022, $1,788,000 of the general fundstate appropriation for fiscal year 2023, and $994,000 of the general fundfederal appropriation are provided solely for electronic health record expansion that must be based on the operational and technical needs necessary to implement the national 988 system and are subject to the conditions, limitations, and review requirements of section 701 of this act. As a condition of funding under this subsection, the authority must complete all reporting required under RCW 71.24.898.
(84) $3,250,000 of the general fundstate appropriation for fiscal year 2023 is provided solely for the authority to make information technology system and provider network upgrades necessary for the anticipated expansion of medicaid equivalent health care coverage for uninsured adults with income up to 138 percent of the federal poverty level regardless of immigration status in collaboration with the department of social and health services and is subject to the conditions, limitations, and review provided in section 701 of this act.
(85) $18,191,000 of the general fundstate appropriation for fiscal year 2023 and $18,966,000 of the general fundfederal appropriation are provided solely to maintain and increase access for children's dental services for medicaid enrolled patients through increased provider rates beginning July 1, 2022. Within the amounts provided in this subsection, the authority must increase:
(a) Medical assistance rates for children's dental services codes consistent with the adult dental codes that were increased in subsection (62) of this section;
(b) Rates for sealants 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 July 1, 2021; and
(c) Corresponding rates for the access to baby and child dentistry program eligible codes proportionately with the children's dental rates in this subsection.
(86) $250,000 of the general fundstate appropriation for fiscal year 2023 and $250,000 of the general fundfederal appropriation are provided solely for the authority to conduct a feasibility study for planning, design, implementation, and administration of a case management solution that supports acquisition, storage, and retrieval of data and data analysis pursuant to Trueblood, et al. v. Department of Social and Health Services, et al., United States district court for the western district of Washington, cause no. 14-cv-00178-MJP.
(87) $56,000 of the general fundstate appropriation for fiscal year 2022 and $1,548,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for health information technology necessary to support the 1115 demonstration waiver as it relates to institutions for mental diseases and are subject to the conditions, limitations, and review requirements of section 701 of this act.
(88) $545,000 of the general fundstate appropriation for fiscal year 2023 and $297,000 of the general fundfederal appropriation are provided solely to align services provided through both fee-for-service and managed care to the bright futures guidelines, or a comparable schedule, for early and periodic screening, diagnosis, and treatment consistent with the provisions in Substitute Senate Bill No. 5912 (children on medicaid).
(89) $3,174,000 of the general fundstate appropriation for fiscal year 2023 is provided solely for implementation of Substitute Senate Bill No. 5745 (personal needs allowance). If the bill is not enacted by June 30, 2022, the amount provided in this subsection shall lapse.
(90) $204,000 of the general fundstate appropriation for fiscal year 2023 and $189,000 of the general fundfederal appropriation are provided solely for implementation of Substitute Senate Bill No. 5620 (medicaid expenditures). If the bill is not enacted by June 30, 2022, the amounts provided in this subsection shall lapse.
(91) $297,000 of the general fundstate appropriation for fiscal year 2023 is provided solely for implementation of Substitute Senate Bill No. 5589 (primary care spending). If the bill is not enacted by June 30, 2022, the amount provided in this subsection shall lapse.
(92) $1,460,000 of the general fundstate appropriation for fiscal year 2023 is provided solely for implementation of Second Substitute Senate Bill No. 5532 (Rx drug affordability board). If the bill is not enacted by June 30, 2022, the amount provided in this subsection shall lapse.
(93) $61,000 of the general fundstate appropriation for fiscal year 2023 and $183,000 of the general fundfederal appropriation are provided solely for implementation of Second Substitute Senate Bill No. 5736 (minors/behavioral health). If the bill is not enacted by June 30, 2022, the amounts provided in this subsection shall lapse.
(94) $250,000 of the general fundstate appropriation for fiscal year 2023 is provided solely for the authority to design a standardized payment methodology for a palliative care benefit for the state medicaid program and the employee and retiree benefits programs. The authority may contract with a third party to design the palliative care model and complete the work required in this subsection.
(95) $403,000 of the general fundstate appropriation for fiscal year 2023 and $1,185,000 of the general fundfederal appropriation are provided solely for the authority to provide an adult acupuncture benefit beginning January 1, 2023.
(96) $581,000 of the general fundstate appropriation for fiscal year 2023 and $1,706,000 of the general fundfederal appropriation are provided solely for the authority to provide an adult chiropractic benefit beginning January 1, 2023.
(97) $640,000 of the general fundstate appropriation for fiscal year 2023 and $655,000 of the general fundfederal appropriation are provided solely for a 20 percent rate increase, effective January 1, 2023, for in-home skilled nursing services, nurse delegation, in-home private duty nursing, and adult family home private duty nursing.
(98) $180,000 of the general fundstate appropriation for fiscal year 2023 and $187,000 of the general fundfederal appropriation are provided solely for a 10 percent rate increase, effective January 1, 2023, for registered nurses and licensed practical nurses providing skilled nursing services for children who require medically intensive care in a home setting.
(99) $140,000 of the general fundstate appropriation for fiscal year 2023 and $266,000 of the general fundfederal appropriation are provided solely for a 10 percent rate increase, effective January 1, 2023, for home health services.
(100) $50,000 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 authority to establish the psilocybin services wellness and opportunity work group created in section 941 of this act.
(101) $1,241,000 of the general fundstate appropriation for fiscal year 2023 and $2,476,000 of the general fundfederal appropriation are provided solely to increase the rates paid to rural regional referral hospitals that meet the criteria in (a) through (g) 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 110 percent of the current medicaid hospital's fee-for-service rates beginning July 1, 2022, for the state medicaid plan and for each of the managed care organization's contracted rates with the hospital. 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 June 30, 2022. To qualify for this increase, a hospital must:
(a) Have greater than 170 available acute beds as reported in the hospital's 2020 department of health year-end report;
(b) Be currently designated by the centers for medicare and medicaid services as a sole community hospital located in north central Washington;
(c) Have a medicaid eligible population greater than 30 percent of the service population;
(d) Have medicaid revenue greater than 16 percent of total gross revenue as reported on the hospital's 2020 medicare cost report;
(e) Be designated by the state of Washington as a level 3 adult trauma center and a level 3 pediatric trauma center;
(f) Be designated by the state of Washington as a level 2 nursery; and
(g) Be designated as a certified stroke center.
(102) $1,954,000 of the general fundstate appropriation for fiscal year 2023 and $3,051,000 of the general fundfederal appropriation are provided solely for increased payments to hospitals that meet the criteria in (a) through (c) 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 current medicaid hospital's fee-for-service rates beginning July 1, 2022, for the state medicaid plan and for each of the managed care organization's contracted rates with the hospital. To qualify for this increase, a hospital must:
(a) Have fewer than 70 available beds as reported in the hospital's 2020 department of health year-end report;
(b) Not be currently designated as a critical access hospital, and not meet current federal eligibility requirements for designation as a critical access hospital; and
(c) Have combined medicare and medicaid inpatient days greater than 65 percent as reported in the hospital's 2020 department of health year-end report.
(103) $24,600,000 of the coronavirus state fiscal recovery fundfederal appropriation is provided solely for the authority to provide one-time grants to community health centers paid under either APM3 or APM4 that experienced overpayments because of COVID-19 service-related reductions or were unable to meet targeted benchmarks because of extraordinary community pandemic response needs.
(104) $250,000 of the general fundstate appropriation for fiscal year 2023 and $250,000 of the general fundfederal appropriation are provided solely for project management and contracting to assist the authority with post-eligibility review planning in anticipation of the end of the COVID-19 public health emergency.
(105) $40,000 of the general fundstate appropriation for fiscal year 2022, $40,000 of the general fundstate appropriation for fiscal year 2023, $80,000 of the general fundfederal appropriation, and $320,000 of the telebehavioral access account—state appropriation are provided solely for additional staff support for the mental health referral service for children and teens.
(106)(a) $2,087,000 of the general fundstate appropriation for fiscal year 2023 is provided solely for the authority to establish a two-year grant program for reimbursement for services to patients up to age 18 provided by community health workers in primary care clinics whose patients are significantly comprised of pediatric patients enrolled in medical assistance under chapter 74.09 RCW beginning January 1, 2023. Community health workers funded under this subsection may provide outreach, informal counseling, and social supports for health-related social needs. The authority shall seek a state plan amendment or federal demonstration waiver should they determine these services are eligible for federal matching funds. Within the amounts provided within this subsection, the authority will provide an initial report to the governor and appropriate committees of the legislature by January 1, 2024, and a final report by January 1, 2025. The report shall include, but not be limited to, the quantitative impacts of the grant program, how many community health workers are participating in the grant program, how many clinics these community health workers represent, how many clients are being served, and evaluation of any measurable health outcomes identified in the planning period prior to January 2023.
(b) In collaboration with key stakeholders including pediatric primary care clinics and medicaid managed care organizations, the authority shall explore longer term, sustainable reimbursement options for the integration of community health workers in primary care to address the health-related social needs of families, including approaches to incorporate federal funding.
(107)(a) No more than $156,707,000 of the general fundfederal appropriation and no more than $60,942,000 of the general fundlocal appropriation may be expended for an outpatient directed payment program.
(b) The authority shall:
(i) Design the program to support the state's access and other quality of care goals and to not increase general fund—state expenditures;
(ii) Seek approval from the centers for medicare and medicaid services to create a medicaid outpatient directed payment program for hospital outpatient services provided to medicaid program managed care recipients by University of Washington medical center and harborview medical center;
(iii) Upon approval, direct managed care organizations to make payments to eligible providers at levels required to ensure enrollees have timely access to critical high-quality care as allowed under 42 C.F.R. 438.6(c); and
(iv) Increase medicaid payments for hospital outpatient services provided by University of Washington medical center and harborview medical center to the average payment received from commercial payers.
(c) Any incremental costs incurred by the authority in the development, implementation, and maintenance of this program shall be the responsibility of the participating hospitals.
(d) Participating hospitals shall retain the full amount of payments provided under this program.
(e) Participating hospitals will provide the local funds to fund the required nonfederal contribution.
(f) This program shall be effective as soon as administratively possible.
(108) $70,000 of the general fundstate appropriation for fiscal year 2023 and $65,000 of the general fundfederal appropriation are provided solely for the authority to collaborate with the department of health and the University of Washington to develop a licensure and regulatory program for behavioral health support specialists consistent with the provisions in Engrossed Second Substitute Senate Bill No. 5884 (behavioral health support).
(109) $16,000 of the general fundstate appropriation for fiscal year 2022, $31,000 of the general fundstate appropriation for fiscal year 2023, and $420,000 of the general fundfederal appropriation are provided solely for a technology solution for an authoritative client identifier, or master person index, for state programs within the health and human services coalition to uniformly identify clients across multiple service delivery systems. The coalition will clearly identify all state programs impacted by and all fund sources used in development and implementation of this project. This subsection is subject to the conditions, limitations, and review requirements of section 701 of this act.
(110) $5,000 of the general fundstate appropriation for fiscal year 2023 and $13,000 of the general fundfederal appropriation are provided solely for implementation of Second Substitute Senate Bill No. 5664 (forensic competency hearings). If the bill is not enacted by June 30, 2022, the amounts provided in this subsection shall lapse.
(111)(a) $3,735,000 of the general fundstate appropriation for fiscal year 2023 and $17,810,000 of the general fundfederal appropriation are provided solely for the authority to provide coverage for all federal food and drug administration-approved HIV antiviral drugs without prior authorization beginning January 1, 2023.
(b) Beginning January 1, 2023, upon initiation or renewal of a contract with the authority to administer a medicaid managed care plan, a managed health care system shall provide coverage without prior authorization for all federal food and drug administration-approved HIV antiviral drugs.
Sec. 212. 2021 c 334 s 212 (uncodified) is amended to read as follows:
FOR THE STATE HEALTH CARE AUTHORITYPUBLIC EMPLOYEES' BENEFITS BOARD AND EMPLOYEE BENEFITS PROGRAM
State Health Care Authority Administrative Account
State Appropriation
. . . .
(($37,403,000))
     
$39,053,000
TOTAL APPROPRIATION
. . . .
(($37,403,000))
     
$39,053,000
The appropriation in this section is subject to the following conditions and limitations:
(1) Any savings from reduced claims costs must be reserved for funding employee benefits during the 2023-2025 fiscal biennium and may not be used for administrative expenses. The health care authority shall deposit any moneys received on behalf of the uniform medical plan resulting from rebates on prescription drugs, audits of hospitals, subrogation payments, or any other moneys received as a result of prior uniform medical plan claims payments, in the public employees' and retirees' insurance account to be used for insurance benefits.
(2) Any changes to benefits must be approved by the public employees' benefits board. The board shall not make any changes to benefits without considering a comprehensive analysis of the cost of those changes, and shall not increase benefits unless offsetting cost reductions from other benefit revisions are sufficient to fund the changes. The board shall not make any change in retiree eligibility criteria that reestablishes eligibility for enrollment in PEBB benefits. However, the funding provided anticipates that the public employees' benefits board may increase virtual access to behavioral health resources and interventions and case management.
(3) Except as may be provided in a health care bargaining agreement, to provide benefits within the level of funding provided in part IX of this bill, the public employees' benefits board shall require or make any or all of the following: Employee premium copayments, increases increase in point-of-service cost sharing, the implementation of managed competition, or make other changes to benefits consistent with RCW 41.05.065.
(4) The board shall collect a surcharge payment of not less than twenty-five dollars per month from members who use tobacco products, and a surcharge payment of not less than fifty dollars per month from members who cover a spouse or domestic partner where the spouse or domestic partner has chosen not to enroll in another employer-based group health insurance that has benefits and premiums with an actuarial value of not less than ninety-five percent of the actuarial value of the public employees' benefits board plan with the largest enrollment. The surcharge payments shall be collected in addition to the member premium payment.
(5) The health care authority shall analyze and report on the potential impacts of providing a one-time enrollment window for retirees to reestablish eligibility for enrollment in retiree benefits under the public employees' benefit board program. The authority shall submit the report to the appropriate committees of the legislature by January 1, 2022. At a minimum the report must include an estimate of the employer cost and a description of the assumptions used.
(6) $285,000 of the state health care authority administrative accountstate appropriation is provided solely for a customer service scheduling tool, and is subject to the conditions, limitations, and review requirements of section 701 of this act.
Sec. 213. 2021 c 334 s 213 (uncodified) is amended to read as follows:
FOR THE STATE HEALTH CARE AUTHORITYSCHOOL EMPLOYEES' BENEFITS BOARD
School Employees' Insurance Administrative Account
State Appropriation
. . . .
(($25,771,000))
     
$28,063,000
TOTAL APPROPRIATION
. . . .
(($25,771,000))
     
$28,063,000
The appropriation in this section is subject to the following conditions and limitations: $15,000 of the school employees' insurance administrative accountstate appropriation is provided solely for a customer service scheduling tool, and is subject to the conditions, limitations, and review requirements of section 701 of this act.
Sec. 214. 2021 c 334 s 214 (uncodified) is amended to read as follows:
FOR THE STATE HEALTH CARE AUTHORITYHEALTH BENEFIT EXCHANGE
General FundState Appropriation (FY 2022)
. . . .
(($4,831,000))
     
$4,881,000
General FundState Appropriation (FY 2023)
. . . .
(($4,543,000))
     
$9,547,000
General FundFederal Appropriation
. . . .
(($83,017,000))
     
$56,532,000
Health Benefit Exchange AccountState Appropriation
. . . .
(($77,710,000))
     
$80,860,000
State Health Care Affordability AccountState
Appropriation
. . . .
(($50,000,000))
     
$55,000,000
TOTAL APPROPRIATION
. . . .
(($220,101,000))
     
$206,820,000
The appropriations in this section are subject to the following conditions and limitations:
(1) The receipt and use of medicaid funds provided to the health benefit exchange from the health care authority are subject to compliance with state and federal regulations and policies governing the Washington apple health programs, including timely and proper application, eligibility, and enrollment procedures.
(2)(a) By July 15th and January 15th of each year, the authority shall make a payment of one-half the general fundstate appropriation, one-half the health benefit exchange accountstate appropriation, and one-half the health care affordability accountstate appropriation to the exchange. By July 15, 2021, the authority shall make the payments of the general fundfederal appropriation (CRRSA) and the general fundfederal appropriation (ARPA) to the exchange.
(b) The exchange shall monitor actual to projected revenues and make necessary adjustments in expenditures or carrier assessments to ensure expenditures do not exceed actual revenues.
(c) Payments made from general fund—state appropriation and health benefit exchange account—state appropriation shall be available for expenditure for no longer than the period of the appropriation from which it was made. When the actual cost of materials and services have been fully determined, and in no event later than the lapsing of the appropriation, any unexpended balance of the payment shall be returned to the authority for credit to the fund or account from which it was made, and under no condition shall expenditures exceed actual revenue.
(3)(a) $146,000 of the general fundstate appropriation for fiscal year 2022 and $554,000 of the general fundfederal appropriation are provided solely for the exchange, in close consultation with the health and human services enterprise coalition (coalition), to develop a report on the next steps required for information technology solutions for an integrated health and human services eligibility solution. The report must include, but is not limited to a:
(i) Technical approach and architecture;
(ii) Roadmap and implementation plan for modernizing and integrating the information technology eligibility and enrollment system for including, but not limited to, medicaid, basic food, child care assistance, cash assistance, and other health and human service program benefits, beginning with classic medicaid; and
(iii) Discussion of how an integrated health and human services solution would:
(A) Comply with federal requirements;
(B) Maximize efficient use of staff time;
(C) Support accurate and secure client eligibility information;
(D) Improve the client enrollment experience; and
(E) Provide other notable coalition agency impacts.
(b) The exchange, in coordination with the coalition, must submit the report to the governor and appropriate committees of the legislature by January 15, 2022.
(4) $1,634,000 of the health benefit exchange accountstate appropriation and $592,000 of the general fundfederal appropriation are provided solely for healthplanfinder enhancement activities. These amounts are subject to the conditions, limitations, and review provided in section 701 of this act.
(5) $1,324,000 of the health benefit exchange accountstate appropriation and $2,740,000 of the general fundfederal appropriation are provided solely for the modernizing healthplanfinder project. These amounts are subject to the conditions, limitations, and review provided in section 701 of this act.
(6) $250,000 of the general fundfederal appropriation (CRRSA) and $150,000 of the general fundfederal appropriation (ARPA) are provided solely for pass-through funding to one or more lead navigator organizations to promote access to health services through outreach and insurance plan enrollment assistance for employees working in a licensed child care facility.
(7)(a) (($25,171,000))$1,171,000 of the general fundfederal appropriation (CRRSA) and $5,095,000 of the general fundfederal appropriation (ARPA) are provided solely for the exchange to implement a health care insurance premium assistance program for employees who work in licensed child care facilities. The general fundfederal appropriation (CRRSA) must be expended by September 30, 2022.
(b) An individual is eligible for the child care premium assistance program for the remainder of the plan year if the individual:
(i) Is an employee working in a licensed child care facility;
(ii) Enrolls in a silver standardized health plan under RCW 43.71.095;
(iii) Prior to January 1, ((2023))2024, has income that is less than 300 percent of the federal poverty level;
(iv) Applies for and accepts all federal advance premium tax credits for which he or she may be eligible before receiving any state premium assistance;
(v) Is ineligible for minimum essential coverage through medicare, a federal or state medical assistance program administered by the health care authority under chapter 74.09 RCW, or for premium assistance under RCW 43.71A.020; and
(vi) Meets other eligibility criteria as established by the exchange.
(c) Subject to the availability of amounts provided in this subsection, the exchange shall pay the premium cost for a qualified health plan for an individual who is eligible for the child care premium assistance program under (b) of this subsection.
(d) The exchange may disqualify a participant from the program if the participant:
(i) No longer meets the eligibility criteria in (b) of this subsection;
(ii) Fails, without good cause, to comply with procedural or documentation requirements established by the exchange in accordance with (e) of this subsection;
(iii) Fails, without good cause, to notify the exchange of a change of address in a timely manner;
(iv) Voluntarily withdraws from the program; or
(v) Performs an act, practice, or omission that constitutes fraud, and, as a result, an insurer rescinds the participant's policy for the qualified health plan.
(e) The exchange shall establish:
(i) Procedural requirements for eligibility and continued participation in any premium assistance program under this section, including participant documentation requirements that are necessary to administer the program; and
(ii) Procedural requirements for facilitating payments to and from carriers.
(f) The program must be implemented no later than November 1, 2021.
(g) No later than October 1, 2022, the exchange shall submit a report to the governor and appropriate committees of the legislature on the implementation of the child care premium assistance program including, but not limited to:
(i) The number of individuals participating in the program to date; and
(ii) The actual costs of the program to date, including agency administrative costs.
(8) $136,000 of the general fundstate appropriation for fiscal year 2022, $136,000 of the general fundstate appropriation for fiscal year 2023, $254,000 of the health benefit exchange accountstate appropriation, and $274,000 of the general fundfederal appropriation are provided solely for pass through funding in the annual amount of $100,000 for the lead navigator organization in the four regions with the highest concentration of COFA citizens to:
(a) Support a staff position for someone from the COFA community to provide enrollment assistance to the COFA community beyond the scope of the current COFA program; and
(b) Support COFA community led outreach and enrollment activities that help COFA citizens obtain and access health and dental coverage.
(9) $142,000 of the general fundstate appropriation for fiscal year 2022 and $538,000 of the general fundfederal appropriation are provided solely for the implementation of Substitute Senate Bill No. 5068 (postpartum period/medicaid) and section 9812 of the American rescue plan act of 2021.
(10) $8,012,000 of the health benefit exchange accountstate appropriation is provided solely to implement Engrossed Second Substitute Senate Bill No. 5377 (standardized health plans). ((If the bill is not enacted by June 30, 2021, the amount provided in this subsection shall lapse.))
(11) $50,000,000 of the state health care affordability accountstate appropriation is provided solely for the exchange to administer a premium assistance program, beginning for plan year 2023, as established in Engrossed Second Substitute Senate Bill No. 5377 (standardized health plans), and this is the maximum amount the exchange may expend for this purpose. An individual is eligible for the premium assistance provided if the individual: (a) Has income up to 250 percent of the federal poverty level; and (b) meets other eligibility criteria as established in section 1(4)(a) of Engrossed Second Substitute Senate Bill No. 5377 (standardized health plans).
(12)(a) Within amounts appropriated in this section, the exchange, in close consultation with the authority and the office of the insurance commissioner, shall explore opportunities to facilitate enrollment of Washington residents who do not qualify for non-emergency medicaid or federal affordability programs in a state-funded program no later than plan year 2024.
(b) If an opportunity to apply to the secretary of health and human services under 42 U.S.C. Sec. 18052 for a waiver is identified or other federal flexibilities are available, the exchange, in collaboration with the office of the insurance commissioner and the authority may develop an application to be submitted by the authority. If an application is submitted, the authority must notify the chairs and ranking minority members of the appropriate policy and fiscal committees of the legislature.
(c) Any application submitted under this subsection must meet all federal public notice and comment requirements under 42 U.S.C. Sec. 18052(a)(4)(B), including public hearings to ensure a meaningful level of public input.
(d) $50,000 of the general fundstate appropriation for fiscal year 2022 and $2,891,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for system updates and community led engagement activities necessary to implement the waiver and is subject to the conditions, limitations, and review provided in section 701 of this act.
(13) $733,000 of the general fundstate appropriation for fiscal year 2023 is provided solely for system upgrades necessary for the anticipated expansion of medicaid equivalent health care coverage to uninsured adults with income up to 138 percent of the federal poverty level regardless of immigration status in collaboration with the health care authority and is subject to the conditions, limitations, and review provided in section 701 of this act.
(14) $20,000 of the general fundstate appropriation for fiscal year 2023 is provided solely for the exchange, in collaboration with the state board of community and technical colleges, the student achievement council, and the council of presidents, to provide educational resources and ongoing assister training to support the operations of a pilot program to help connect students, including those enrolled in state registered apprenticeship programs, with health care coverage.
(15) $1,000,000 of the general fundstate appropriation for fiscal year 2023 is provided solely for one-time activities to promote continuous coverage for individuals losing coverage through Washington apple health at the end of the COVID-19 public health emergency.
(16) $5,000,000 of the health care affordability accountstate appropriation is provided solely to provide premium assistance for customers ineligible for federal premium tax credits who meet the eligibility criteria established in subsection (11)(a) of this section, and is contingent upon approval of the applicable waiver described in subsection (12)(b) of this section.
(17) $150,000 of the health benefit exchange accountstate appropriation is provided solely for the exchange to fulfill the cascade care legislative reporting requirements in chapter 246, Laws of 2021.
Sec. 215. 2021 c 334 s 215 (uncodified) is amended to read as follows:
FOR THE STATE HEALTH CARE AUTHORITY—COMMUNITY BEHAVIORAL HEALTH PROGRAM
General FundState Appropriation (FY 2022)
. . . .
(($667,948,000))
     
$688,097,000
General FundState Appropriation (FY 2023)
. . . .
(($733,456,000))
     
$986,109,000
General FundFederal Appropriation
. . . .
(($2,593,457,000))
     
$2,883,082,000
General FundPrivate/Local Appropriation
. . . .
(($37,325,000))
     
$37,676,000
Criminal Justice Treatment AccountState
Appropriation
. . . .
$21,988,000
Problem Gambling AccountState Appropriation
. . . .
(($1,963,000))
     
$2,113,000
Dedicated Marijuana AccountState Appropriation
(FY 2022)
. . . .
$28,493,000
Dedicated Marijuana AccountState Appropriation
(FY 2023)
. . . .
(($28,493,000))
     
$28,543,000
Coronavirus State Fiscal Recovery FundFederal
Appropriation
. . . .
$31,000,000
TOTAL APPROPRIATION
. . . .
(($4,144,123,000))
     
$4,707,101,000
The appropriations in this section are subject to the following conditions and limitations:
(1) For the purposes of this section, "behavioral health entities" means managed care organizations and behavioral health administrative services organizations that reimburse providers for behavioral health services.
(2) Within the amounts appropriated in this section, funding is provided for implementation of the settlement agreement under Trueblood, et al. v. Department of Social and Health Services, et al., United States District Court for the Western District of Washington, Cause No. 14-cv-01178-MJP. In addition to amounts provided solely for implementation of the settlement agreement, class members must have access to supports and services funded throughout this section for which they meet eligibility and medical necessity requirements. The authority must include language in contracts that requires regional behavioral health entities to develop and implement plans for improving access to timely and appropriate treatment for individuals with behavioral health needs and current or prior criminal justice involvement who are eligible for services under these contracts.
(3) $22,643,000 of the general fundstate appropriation for fiscal year 2022, $27,143,000 of the general fundstate appropriation for fiscal year 2023, and $9,073,000 of the general fundfederal appropriation are provided solely to continue the phase-in of the settlement agreement under Trueblood, et al. v. Department of Social and Health Services, et al., United States District Court for the Western District of Washington, Cause No. 14-cv-01178-MJP. The authority, in collaboration with the department of social and health services and the criminal justice training commission, must implement the provisions of the settlement agreement pursuant to the timeline and implementation plan provided for under the settlement agreement. This includes implementing provisions related to competency evaluations, competency restoration, crisis diversion and supports, education and training, and workforce development.
(4) $9,031,000 of the general fundstate appropriation for fiscal year 2023 and $219,000 of the general fundfederal appropriation are provided solely to continue the diversion grant programs funded through contempt fines pursuant to Trueblood, et al. v. Department of Social and Health Services, et al., United States District Court for the Western District of Washington, Cause No. 14-cv-01178-MJP, to provide assessments, mental health services, substance abuse treatment, case management, employment, and social services.
(5)(($10,424,000))$12,926,000 of the general fundstate appropriation for fiscal year 2022, (($10,424,000))$12,926,000 of the general fundstate appropriation for fiscal year 2023, and $23,444,000 of the general fundfederal appropriation are provided solely for the authority and behavioral health entities to continue to contract for implementation of high-intensity programs for assertive community treatment (PACT) teams. In determining the proportion of medicaid and nonmedicaid funding provided to behavioral health entities with PACT teams, the authority shall consider the differences between behavioral health entities in the percentages of services and other costs associated with the teams that are not reimbursable under medicaid. The authority may allow behavioral health entities which have nonmedicaid reimbursable costs that are higher than the nonmedicaid allocation they receive under this section to supplement these funds with local dollars or funds received under subsection (((6)))(7) of this section. The authority and behavioral health entities shall maintain consistency with all essential elements of the PACT evidence-based practice model in programs funded under this section.
(((5)))(6) $3,520,000 of the general fundfederal appropriation is provided solely for the authority to maintain a pilot project to incorporate peer bridging staff into behavioral health regional teams that provide transitional services to individuals returning to their communities.
(((6) $95,066,000))(7) $95,822,000 of the general fundstate appropriation for fiscal year 2022 and (($95,066,000))$96,633,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for persons and services not covered by the medicaid program. To the extent possible, levels of behavioral health entity spending must be maintained in the following priority order: Crisis and commitment services; community inpatient services; and residential care services, including personal care and emergency housing assistance. These amounts must be distributed to behavioral health entities as follows:
(a) $72,275,000 of the general fundstate appropriation for fiscal year 2022 and $72,275,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for the authority to contract with behavioral health administrative service organizations for behavioral health treatment services not covered under the medicaid program. Within these amounts, behavioral health administrative service organizations must provide a two percent rate increase to providers receiving state funds for nonmedicaid services under this section effective July 1, 2021.
(b) (($22,791,000))$23,547,000 of the general fundstate appropriation for fiscal year 2022 and (($22,791,000))$24,358,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for the authority to contract with medicaid managed care organizations for wraparound services to medicaid enrolled individuals that are not covered under the medicaid program and for the state share of costs for exceptional medicaid behavioral health personal care services. Within the amounts provided in this subsection:
(i) Medicaid managed care organizations must provide a two percent rate increase to providers receiving state funding for nonmedicaid services under this section effective July 1, 2021.
(ii) The authority shall assure that managed care organizations reimburse the department of social and health services aging and long term support administration for the general fund—state cost of exceptional behavioral health personal care services for medicaid enrolled individuals who require these because of a psychiatric disability. Funding for the federal share of these services is separately appropriated to the department of social and health services.
(c) The authority shall coordinate with the department of social and health services to develop and submit to the centers for medicare and medicaid services an application to provide a 1915(i) state plan home and community-based services benefit. The application shall be developed to allow for the delivery of wraparound supportive behavioral health services for individuals with mental illnesses who also have a personal care need. The waiver shall be developed to standardize coverage and administration, improve the current benefit design, and clarify roles in administration of the behavioral health personal care services benefit. By December 1, 2021, the authority, in coordination with the department of social and health services, must submit a report to the office of financial management and the appropriate committees of the legislature which provides the following:
(i) A description of the new benefit design developed for the waiver, including a description of the services to be provided and the responsibility for payment under the waiver;
(ii) Estimates of the number of individuals to be served annually under the new waiver and the estimated state and federal fiscal costs for the managed care organizations and the department of social and health services;
(iii) A comparison estimate of the number of individuals to receive behavioral health personal care services annually under the current benefit structure and the estimated state and federal fiscal costs for the managed care organizations and the department of social and health services; and
(iv) A status update on the development and submission of the waiver with an estimated timeline for approval and implementation of the new wraparound services benefit.
(((7)))(8) The authority is authorized to continue to contract directly, rather than through contracts with behavioral health entities for children's long-term inpatient facility services.
(((8)))(9) $1,204,000 of the general fundstate appropriation for fiscal year 2022 and $1,204,000 of the general fundstate appropriation for fiscal year 2023 are provided solely to reimburse Pierce and Spokane counties for the cost of conducting one hundred eighty-day commitment hearings at the state psychiatric hospitals.
(((9)))(10) Behavioral health entities may use local funds to earn additional federal medicaid match, provided the locally matched rate does not exceed the upper-bound of their federally allowable rate range, and provided that the enhanced funding is used only to provide medicaid state plan or waiver services to medicaid clients. Additionally, behavioral health entities may use a portion of the state funds allocated in accordance with subsection (((6)))(7) of this section to earn additional medicaid match, but only to the extent that the application of such funds to medicaid services does not diminish the level of crisis and commitment, community inpatient, residential care, and outpatient services presently available to persons not eligible for medicaid.
(((10)))(11) $2,291,000 of the general fund—state appropriation for fiscal year 2022 and $2,291,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for mental health services for mentally ill offenders while confined in a county or city jail and for facilitating access to programs that offer mental health services upon release from confinement. The authority must collect information from the behavioral health entities on their plan for using these funds, the numbers of individuals served, and the types of services provided and submit a report to the office of financial management and the appropriate fiscal committees of the legislature by December 1st of each year of the biennium.
(((11)))(12) Within the amounts appropriated in this section, funding is provided for the authority to develop and phase in intensive mental health services for high needs youth consistent with the settlement agreement in T.R. v. Dreyfus and Porter.
(((12)))(13) The authority must establish minimum and maximum funding levels for all reserves allowed under behavioral health administrative service organization contracts and include contract language that clearly states the requirements and limitations. The authority must monitor and ensure that behavioral health administrative service organization reserves do not exceed maximum levels. The authority must monitor revenue and expenditure reports and must require a behavioral health administrative service organization to submit a corrective action plan on how it will spend its excess reserves within a reasonable period of 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 service 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)))(14) 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 pregnant and parenting women case management providers.
(((14)))(15) 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)))(16) $3,500,000 of the general fundfederal appropriation is provided solely for the continued funding of existing county drug and alcohol use prevention programs.
(((16)))(17) 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.
(((17)))(18) 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.
(((18)))(19) $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 crisis triage or stabilization centers that were originally funded in the 2017-2019 fiscal biennium. 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.
(((19)))(20) $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, beginning in calendar year 2020, 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)))(21) $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 fund—federal appropriation are provided solely to maintain the enhancement of community-based behavioral health services that was initially funded in fiscal year 2019. Twenty percent of the general fundstate appropriation amounts for each regional service area must be contracted to the behavioral health administrative services organizations and used to increase their nonmedicaid 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 maintain increased 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 the 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 identify 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 1st of each year of the biennium, summarizing the information regarding the distribution of the funding provided under this subsection.
(((21)))(22) $1,401,000 of the general fundstate appropriation for fiscal year 2022, $1,401,000 of the general fundstate appropriation for fiscal year 2023, and $3,210,000 of the general fundfederal appropriation are provided solely for the implementation of intensive behavioral health treatment facilities within the community behavioral health service system pursuant to chapter 324, Laws of 2019 (2SHB 1394).
(((22)))(23)(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 2021 allocation.
(((23)))(24)(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)))(25) $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)))(26) $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 $2,942,000 of the general fundfederal appropriation are provided solely for the authority to maintain an increase in the number of residential beds for pregnant and parenting women originally funded in the 2019-2021 fiscal biennium.
(((26)))(27) $1,423,000 of the general fundstate appropriation for fiscal year 2022, $1,423,000 of the general fundstate appropriation for fiscal year 2023, and $5,908,000 of the general fundfederal appropriation are provided solely for the authority to continue 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)))(28) $350,000 of the general fundfederal appropriation is provided solely to contract with a nationally recognized recovery residence organization and to provide technical assistance to operators of recovery residences seeking certification in accordance with chapter 264, Laws of 2019 (2SHB 1528).
(((28)))(29) $500,000 of the general fundstate appropriation for fiscal year 2022, $500,000 of the general fundstate appropriation for fiscal year 2023, and $1,000,000 of the general fundfederal appropriation are provided solely for the authority to maintain a memorandum of understanding with the criminal justice training commission to provide funding for community grants pursuant to chapter 378, Laws of 2019 (2SHB 1767).
(((29)))(30) $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 continue to increase clubhouse ((facilities))programs 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 by December 1, 2022.
(((30)))(31) $947,000 of the general fundstate appropriation for fiscal year 2022, $947,000 of the general fundstate appropriation for fiscal year 2023, and $1,896,000 of the general fundfederal appropriation are provided solely for the authority to implement a statewide plan to implement evidence-based coordinated specialty care programs that provide early identification and intervention for psychosis in behavioral health agencies in accordance with chapter 360, Laws of 2019 (2SSB 5903).
(((31)))(32) $708,000 of the general fundstate appropriation for fiscal year 2022, $708,000 of the general fundstate appropriation for fiscal year 2023, and $1,598,000 of the general fundfederal appropriation are provided solely for implementing mental health peer respite centers and a pilot project to implement a mental health drop-in center in accordance with chapter 324, Laws of 2019 (2SHB 1394).
(((32)))(33) $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.
(((33)))(34) $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.
(((34)))(35) 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.
(((35)))(36) $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.
(((36)))(37) $9,000,000 of the criminal justice treatment accountstate appropriation is provided solely for the authority to maintain funding for new therapeutic courts created or expanded during fiscal year 2021, or to maintain the fiscal year 2021 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)))(38) 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.
(((38)))(39) 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: (a) Revenues and expenditures for community behavioral health programs, including medicaid and nonmedicaid funding; (b) access to services, service denials, and utilization by state plan modality; (c) claims denials and record of timely payment to providers; (d) client demographics; and (e) social and recovery measures and managed care organization performance measures. The))specific metrics related to behavioral health outcomes under integrated managed care. These metrics must include, but are not limited to, social and recovery measures, managed care performance measures, access to services, and claims denials. The authority must work with managed care organizations and behavioral health administrative service organizations to integrate these metrics into an annual reporting structure designed to evaluate the performance of the behavioral health system in the state over time. The authority must submit a report by December 30, 2022, outlining the specific metrics implemented. Thereafter, the authority shall submit ((the))a report for the preceding calendar year to the governor and appropriate committees of the legislature on or before ((July 1st))December 30th of each year detailing the implemented metrics and relevant performance outcomes for the prior calendar year.
(((39)))(40) $3,377,000 of the general fundstate appropriation for fiscal year 2022 and (($5,177,000))$8,367,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for the authority to implement ((two)) pilot programs for intensive outpatient services and partial hospitalization services for certain children and adolescents.
(a) The effective date of the pilot sites is January 1, 2021.
(b) The two pilots must be contracted with a hospital that provides psychiatric inpatient services to children and adolescents in a city with the largest population east of the crest of the Cascade mountains and a hospital that provides psychiatric inpatient services to children and adolescents in a city with the largest population west of the crest of the Cascade mountains.
(c) The authority must establish minimum standards, eligibility criteria, authorization and utilization review processes, and payment methodologies for the pilot programs in contract.
(d) Eligibility for the pilot sites is limited pursuant to the following:
(i) Children and adolescents discharged from an inpatient hospital treatment program who require the level of services offered by the pilot programs in lieu of continued inpatient treatment;
(ii) Children and adolescents who require the level of services offered by the pilot programs in order to avoid inpatient hospitalization; and
(iii) Services may not be offered if there are less costly alternative community based services that can effectively meet the needs of an individual referred to the program.
(e) The authority must collect data on the pilot sites and work with the actuaries responsible for establishing managed care rates for medicaid enrollees to develop and submit a report to the office of financial management and the appropriate committees of the legislature. A preliminary report must be submitted by December 1, 2021, and a final report must be submitted by December 1, 2022. The reports must include the following information:
(i) A narrative description of the services provided at each pilot site and identification of any specific gaps the sites were able to fill in the current continuum of care;
(ii) Clinical outcomes and estimated reductions in psychiatric inpatient costs associated with each of the pilot sites;
(iii) Recommendations for whether either or both of the pilot models should be expanded statewide; whether modifications should be made to the models to better address gaps in the continuum identified through the pilot sites, whether the models could be expanded to community behavioral health providers, and whether statewide implementation should be achieved through a state plan amendment or some other mechanism for leveraging federal medicaid match; and
(iv) Actuarial projections on the statewide need for services related to the pilot sites and estimated costs of adding each of the services to the medicaid behavioral health benefit for children and adolescents and adults.
(f) Of the amounts provided in this subsection, $2,850,000 of the general fundstate appropriation for fiscal year 2023 is provided solely to expand the number of pilot sites to a third location. The criteria in (c) and (d) of this subsection shall also apply to this pilot site. Data from this pilot site must be incorporated into the final report required in (e) of this subsection.
(((40)))(41)(a) $100,000 of the general fundfederal appropriation is provided solely for the authority to convene a task force to examine impacts and changes proposed to the use of criminal background checks in employment in behavioral health settings, with the goal of reducing barriers to developing and retaining a robust behavioral health workforce, while maintaining patient safety measures. The task force membership must include representatives from:
(i) The office of the attorney general;
(ii) The department of health;
(iii) The department of social and health services;
(iv) The office of the governor; and
(v) Others appointed by the authority, including behavioral health employers and those with lived experience.
(b) The task force shall consider any relevant information and recommendations made available by the work group created under Substitute House Bill No. 1411 (health care workforce).
(c) By December 1, 2021, the authority must submit a report of the task force's recommendations to the governor and the appropriate committees of the legislature.
(((41)))(42) $6,042,000 of the general fundstate appropriation for fiscal year 2022, $561,000 of the general fundstate appropriation for fiscal year 2023, and $35,415,000 of the general fundfederal appropriation (CRSSA) are provided solely to promote the recovery of individuals with substance use disorders through expansion of