CERTIFICATION OF ENROLLMENT
ENGROSSED SUBSTITUTE SENATE BILL 5092
67TH LEGISLATURE
2021 REGULAR SESSION
Passed by the Senate April 25, 2021
  Yeas 27  Nays 22

President of the Senate
Passed by the House April 25, 2021
  Yeas 57  Nays 40

Speaker of the House of Representatives
CERTIFICATE
I, Brad Hendrickson, Secretary of the Senate of the State of Washington, do hereby certify that the attached is ENGROSSED SUBSTITUTE SENATE BILL 5092 as passed by the Senate and the House of Representatives on the dates hereon set forth.

Secretary
Secretary
Approved
FILED
Secretary of State
State of Washington

ENGROSSED SUBSTITUTE SENATE BILL 5092

Passed Legislature - 2021 Regular Session
State of Washington
67th Legislature
2021 Regular Session
BySenate Ways & Means (originally sponsored by Senators Rolfes, Wilson, L., and Wilson, C.; by request of Office of the Governor)
READ FIRST TIME 03/31/21.
AN ACT Relating to fiscal matters; amending RCW 10.99.800, 16.76.030, 28B.20.476, 38.52.105, 41.06.280, 41.26.450, 41.45.230, 41.60.050, 41.80.010, 43.08.190, 43.09.475, 43.79.195, 43.79.270, 43.79.280, 43.88.585, 43.88C.010, 43.99N.060, 43.101.200, 43.101.220, 43.185C.060, 43.185C.190, 43.320.110, 43.372.070, 43.380.020, 46.09.520, 70A.200.140, 70A.305.180, 71.24.580, 74.13.715, 74.46.485, 74.46.501, 74.46.561, 79.64.040, 79.105.150, 79A.25.210, 82.08.170, 82.14.310, 90.50A.090, 43.70.---, and 43.88.058; amending 2019 c 415 ss 729, 952, 508, and 727, 2020 c 127 s 14, 2020 c 357 ss 101, 102, 103, 104, 105, 106, 107, 108, 113, 115, 116, 117, 118, 119, 120, 121, 122, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 139, 140, 141, 142, 143, 144, 145, 147, 148, 149, 150, 201, 202, 203, 204, 205, 206, 207, 208, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 401, 402, 501, 503, 505, 506, 507, 508, 509, 510, 511, 513, 514, 515, 516, 517, 518, 519, 520, 602, 603, 604, 605, 606, 607, 608, 609, 610, 611, 612, 613, 614, 615, 616, 701, 702, 703, 704, 706, 707, 801, and 804, and 2021 c 3 s 3 (uncodified); reenacting and amending RCW 28B.115.070, 43.155.050, 69.50.540, and 79.64.110; adding new sections to chapter 43.79 RCW; adding a new section to chapter 70.48 RCW; adding a new section to chapter 28A.300 RCW; adding new sections to 2020 c 357 (uncodified); creating new sections; making appropriations; providing expiration dates; and declaring an emergency.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
NEW SECTION.  Sec. 1. (1) A budget is hereby adopted and, subject to the provisions set forth in the following sections, the several amounts specified in parts I through IX of this act, or so much thereof as shall be sufficient to accomplish the purposes designated, are hereby appropriated and authorized to be incurred for salaries, wages, and other expenses of the agencies and offices of the state and for other specified purposes for the fiscal biennium beginning July 1, 2021, and ending June 30, 2023, except as otherwise provided, out of the several funds of the state hereinafter named.
(2) Unless the context clearly requires otherwise, the definitions in this section apply throughout this act.
(a) "ARPA" means 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) "Fiscal year 2022" or "FY 2022" means the fiscal year ending June 30, 2022.
(g) "Fiscal year 2023" or "FY 2023" means the fiscal year ending June 30, 2023.
(h) "FTE" means full time equivalent.
(i) "Lapse" or "revert" means the amount shall return to an unappropriated status.
(j) "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
NEW SECTION.  Sec. 101. FOR THE HOUSE OF REPRESENTATIVES
General FundState Appropriation (FY 2022)
. . . .
$45,740,000
General FundState Appropriation (FY 2023)
. . . .
$46,804,000
TOTAL APPROPRIATION
. . . .
$92,544,000
NEW SECTION.  Sec. 102. FOR THE SENATE
General FundState Appropriation (FY 2022)
. . . .
$32,755,000
General FundState Appropriation (FY 2023)
. . . .
$35,699,000
TOTAL APPROPRIATION
. . . .
$68,454,000
The appropriations in this section are subject to the following conditions and limitations: $260,000 of the general fundstate appropriation for fiscal year 2022 and $270,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for the payment of membership dues to the council of state governments, the national conference of state legislatures, the pacific northwest economic region, the pacific fisheries legislative task force, and the western legislative forestry task force.
NEW SECTION.  Sec. 103. FOR THE JOINT LEGISLATIVE AUDIT AND REVIEW COMMITTEE
General FundState Appropriation (FY 2022)
. . . .
$303,000
General FundState Appropriation (FY 2023)
. . . .
$248,000
Performance Audits of Government AccountState
Appropriation
. . . .
$9,384,000
TOTAL APPROPRIATION
. . . .
$9,935,000
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.
NEW SECTION.  Sec. 104. FOR THE LEGISLATIVE EVALUATION AND ACCOUNTABILITY PROGRAM COMMITTEE
Performance Audits of Government AccountState
Appropriation
. . . .
$4,664,000
TOTAL APPROPRIATION
. . . .
$4,664,000
NEW SECTION.  Sec. 105. FOR THE JOINT LEGISLATIVE SYSTEMS COMMITTEE
General FundState Appropriation (FY 2022)
. . . .
$14,173,000
General FundState Appropriation (FY 2023)
. . . .
$14,235,000
TOTAL APPROPRIATION
. . . .
$28,408,000
The appropriations in this section are subject to the following conditions and limitations: Within the amounts provided in this section, the joint legislative systems committee shall provide information technology support, including but not limited to internet service, for the district offices of members of the house of representatives and the senate.
NEW SECTION.  Sec. 106. FOR THE OFFICE OF THE STATE ACTUARY
General FundState Appropriation (FY 2022)
. . . .
$367,000
General FundState Appropriation (FY 2023)
. . . .
$382,000
State Health Care Authority Administrative Account
State Appropriation
. . . .
$249,000
Department of Retirement Systems Expense Account
State Appropriation
. . . .
$6,095,000
School Employees' Insurance Administrative Account
State Appropriation
. . . .
$250,000
TOTAL APPROPRIATION
. . . .
$7,343,000
NEW SECTION.  Sec. 107. FOR THE STATUTE LAW COMMITTEE
General FundState Appropriation (FY 2022)
. . . .
$5,366,000
General FundState Appropriation (FY 2023)
. . . .
$5,766,000
TOTAL APPROPRIATION
. . . .
$11,132,000
NEW SECTION.  Sec. 108. FOR THE OFFICE OF LEGISLATIVE SUPPORT SERVICES
General FundState Appropriation (FY 2022)
. . . .
$4,566,000
General FundState Appropriation (FY 2023)
. . . .
$5,029,000
TOTAL APPROPRIATION
. . . .
$9,595,000
NEW SECTION.  Sec. 109. FOR THE REDISTRICTING COMMISSION
General FundState Appropriation (FY 2022)
. . . .
$1,633,000
General FundState Appropriation (FY 2023)
. . . .
$22,000
TOTAL APPROPRIATION
. . . .
$1,655,000
The appropriation in this section is subject to the following conditions and limitations: The entire general fundstate appropriation for fiscal year 2023 is provided solely for the payment of expenses associated with the cessation of the commission's operations. The secretary of the senate and chief clerk of the house of representatives may jointly authorize the expenditure of these funds.
NEW SECTION.  Sec. 110. LEGISLATIVE AGENCIES
In order to achieve operating efficiencies within the financial resources available to the legislative branch, the executive rules committee of the house of representatives and the facilities and operations committee of the senate by joint action may transfer funds among the house of representatives, senate, joint legislative audit and review committee, legislative evaluation and accountability program committee, joint transportation committee, office of the state actuary, joint legislative systems committee, statute law committee, and office of legislative support services.
NEW SECTION.  Sec. 111. FOR THE SUPREME COURT
General FundState Appropriation (FY 2022)
. . . .
$9,781,000
General FundState Appropriation (FY 2023)
. . . .
$9,848,000
TOTAL APPROPRIATION
. . . .
$19,629,000
NEW SECTION.  Sec. 112. FOR THE LAW LIBRARY
General FundState Appropriation (FY 2022)
. . . .
$1,811,000
General FundState Appropriation (FY 2023)
. . . .
$1,821,000
TOTAL APPROPRIATION
. . . .
$3,632,000
NEW SECTION.  Sec. 113. FOR THE COMMISSION ON JUDICIAL CONDUCT
General FundState Appropriation (FY 2022)
. . . .
$1,650,000
General FundState Appropriation (FY 2023)
. . . .
$1,649,000
TOTAL APPROPRIATION
. . . .
$3,299,000
NEW SECTION.  Sec. 114. FOR THE COURT OF APPEALS
General FundState Appropriation (FY 2022)
. . . .
$21,818,000
General FundState Appropriation (FY 2023)
. . . .
$22,146,000
TOTAL APPROPRIATION
. . . .
$43,964,000
NEW SECTION.  Sec. 115. FOR THE ADMINISTRATOR FOR THE COURTS
General FundState Appropriation (FY 2022)
. . . .
$157,168,000
General FundState Appropriation (FY 2023)
. . . .
$81,033,000
General FundFederal Appropriation
. . . .
$2,209,000
General FundPrivate/Local Appropriation
. . . .
$681,000
Judicial Stabilization Trust AccountState
Appropriation
. . . .
$6,692,000
Judicial Information Systems AccountState
Appropriation
. . . .
$60,664,000
TOTAL APPROPRIATION
. . . .
$308,447,000
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) $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 of the general fundstate appropriation for fiscal year 2022 and $4,505,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for implementation of Engrossed Second Substitute Senate Bill No. 5160 (landlord-tenant relations), including the management of an eviction resolution pilot program. By June 30, 2022, the department shall provide to the legislature a detailed report of eviction resolution program expenditures and outcomes including but not limited to the number of dispute resolution centers participating in the program, the number of individuals served by dispute resolution centers in the program, the average cost of resolution proceedings, and the number of qualified individuals who applied but were unable to be served by dispute resolution centers due to lack of funding or other reasons. If the bill is not enacted by June 30, 2021, the amounts provided in this subsection shall lapse.
(12) $325,000 of the general fundstate appropriation for fiscal year 2022 and $304,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for implementation of Second Substitute Senate Bill No. 5331 (early childhood court program). If the bill is not enacted by June 30, 2021, the amounts provided in this subsection shall lapse.
(13) $44,000 of the general fundstate appropriation for fiscal year 2022 is provided solely for implementation of Engrossed Substitute Senate Bill No. 5226 (license suspensions/traffic). If the bill is not enacted by June 30, 2021, the amount provided in this subsection shall lapse.
(14) $8,000,000 of the general fundstate appropriation for fiscal year 2022 is provided solely for distribution to local courts for cost associated with the court-appointed attorney and visitor requirements set forth in the uniform guardianship act in chapter 11.130 RCW. If the amount provided in this subsection is insufficient to fully fund the local court costs, distributions must be reduced on a proportional basis to ensure that expenditures remain within the available funds provided in this subsection. No later than December 31, 2021, the administrative office of the courts will provide a report on distributions to local courts including, but not limited to, the amount provided to each court, the number of guardianship cases funded at each court, costs segregated by attorney appointments and court visitor appointments, the amount of any pro rata reductions, and a recommendation on how to forecast distributions for potential future funding by the legislature.
(15) $375,000 of the general fundstate appropriation for fiscal year 2022 and $285,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for costs to relocate staff from the temple of justice to another workspace if the omnibus capital appropriation act provides funding for improvements to the heating, ventilation, lighting, and plumbing improvements to the temple of justice. Staff from the administrative office of the courts shall work with the department of enterprise services and the office of financial management to acquire temporary space in a state owned facility that meets the needs of the supreme court. If a state facility cannot be found, the court may acquire temporary workspace as it chooses.
NEW SECTION.  Sec. 116. FOR THE OFFICE OF PUBLIC DEFENSE
General FundState Appropriation (FY 2022)
. . . .
$53,975,000
General FundState Appropriation (FY 2023)
. . . .
$54,202,000
General FundFederal Appropriation
. . . .
$362,000
General FundPrivate/Local Appropriation
. . . .
$30,000
Judicial Stabilization Trust AccountState
Appropriation
. . . .
$3,896,000
TOTAL APPROPRIATION
. . . .
$112,465,000
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.
NEW SECTION.  Sec. 117. FOR THE OFFICE OF CIVIL LEGAL AID
General FundState Appropriation (FY 2022)
. . . .
$41,280,000
General FundState Appropriation (FY 2023)
. . . .
$42,685,000
General FundFederal Appropriation
. . . .
$379,000
Judicial Stabilization Trust AccountState
Appropriation
. . . .
$1,464,000
TOTAL APPROPRIATION
. . . .
$85,808,000
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 of the general fundstate appropriation for fiscal year 2022 and $11,478,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for implementation of Engrossed Second Substitute Senate Bill No. 5160 (landlord-tenant relations), including representation of indigent tenants in unlawful detainer cases. By June 30, 2022, the department shall provide to the legislature a detailed report of program expenditures and outcomes including but not limited to the number of individuals served, the average cost of a representation case, and the number of qualified individuals who qualified for but were unable to receive representation for funding or other reasons. If the bill is not enacted by June 30, 2021, the amounts provided in this subsection shall lapse.
(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.
NEW SECTION.  Sec. 118. FOR THE OFFICE OF THE GOVERNOR
General FundState Appropriation (FY 2022)
. . . .
$11,093,000
General FundState Appropriation (FY 2023)
. . . .
$10,920,000
Economic Development Strategic Reserve AccountState
Appropriation
. . . .
$5,000,000
TOTAL APPROPRIATION
. . . .
$27,013,000
The appropriations in this section are subject to the following conditions and limitations:
(1) $703,000 of the general fund—state appropriation for fiscal year 2022 and $803,000 of the general fund—state appropriation for fiscal year 2023 are provided solely for the office of the education ombuds.
(2) $1,289,000 of the general fundstate appropriation for fiscal year 2022 and $1,289,000 of the general fundstate appropriation for fiscal year 2023 are provided solely to implement the provisions of chapter 332, Laws of 2020 (state equity office).
(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 of the general fundstate appropriation for fiscal year 2022 and $120,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for implementation of 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.
NEW SECTION.  Sec. 119. FOR THE LIEUTENANT GOVERNOR
General FundState Appropriation (FY 2022)
. . . .
$1,880,000
General FundState Appropriation (FY 2023)
. . . .
$1,598,000
General FundPrivate/Local Appropriation
. . . .
$90,000
TOTAL APPROPRIATION
. . . .
$3,568,000
The appropriations in this section are subject to the following conditions and limitations: $300,000 of the general fundstate appropriation for fiscal year 2022 is provided solely for the legislative committee on economic development and international relations to conduct a business competitiveness analysis of the state's economy. Expenditure of the amount provided in this section must comply with chapter 39.26 RCW.
NEW SECTION.  Sec. 120. FOR THE PUBLIC DISCLOSURE COMMISSION
General FundState Appropriation (FY 2022)
. . . .
$5,724,000
General FundState Appropriation (FY 2023)
. . . .
$5,545,000
Public Disclosure Transparency AccountState
Appropriation
. . . .
$1,014,000
TOTAL APPROPRIATION
. . . .
$12,283,000
The appropriations in this section are subject to the following conditions and limitations:
(1) $280,000 of the public disclosure transparency account—state appropriation is provided solely for staff for business analysis and project management of information technology projects.
(2) No moneys may be expended from the appropriations in this section to establish an electronic directory, archive, or other compilation of political advertising unless explicitly authorized by the legislature.
(3) $424,000 of the public disclosure transparency accountstate appropriation is provided solely for information technology staffing to meet the demands of maintaining online filing and disclosure systems.
(4) $180,000 of the public disclosure transparency accountstate appropriation is provided solely for a dedicated training and outreach staff to develop course materials and facilitate the creation of an expanded filer training program.
NEW SECTION.  Sec. 121. FOR THE SECRETARY OF STATE
General FundState Appropriation (FY 2022)
. . . .
$20,922,000
General FundState Appropriation (FY 2023)
. . . .
$31,158,000
General FundFederal Appropriation
. . . .
$12,760,000
Public Records Efficiency, Preservation, and Access
AccountState Appropriation
. . . .
$10,005,000
Charitable Organization Education AccountState
Appropriation
. . . .
$901,000
Washington State Library Operations AccountState
Appropriation
. . . .
$11,698,000
Local Government Archives AccountState
Appropriation
. . . .
$10,120,000
Election AccountFederal Appropriation
. . . .
$4,368,000
TOTAL APPROPRIATION
. . . .
$101,932,000
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.
NEW SECTION.  Sec. 122. FOR THE GOVERNOR'S OFFICE OF INDIAN AFFAIRS
General FundState Appropriation (FY 2022)
. . . .
$905,000
General FundState Appropriation (FY 2023)
. . . .
$401,000
TOTAL APPROPRIATION
. . . .
$1,306,000
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.
NEW SECTION.  Sec. 123. FOR THE COMMISSION ON ASIAN PACIFIC AMERICAN AFFAIRS
General FundState Appropriation (FY 2022)
. . . .
$448,000
General FundState Appropriation (FY 2023)
. . . .
$462,000
TOTAL APPROPRIATION
. . . .
$910,000
NEW SECTION.  Sec. 124. FOR THE STATE TREASURER
General FundState Appropriation (FY 2022)
. . . .
$250,000
General FundState Appropriation (FY 2023)
. . . .
$250,000
State Treasurer's Service AccountState
Appropriation
. . . .
$20,375,000
TOTAL APPROPRIATION
. . . .
$20,875,000
The appropriation in this section is subject to the following conditions and limitations: $250,000 of the general fundstate appropriation for fiscal year 2022 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.
NEW SECTION.  Sec. 125. FOR THE STATE AUDITOR
General FundState Appropriation (FY 2022)
. . . .
$613,000
General FundState Appropriation (FY 2023)
. . . .
$1,062,000
Auditing Services Revolving AccountState
Appropriation
. . . .
$14,456,000
Performance Audits of Government AccountState
Appropriation
. . . .
$1,683,000
TOTAL APPROPRIATION
. . . .
$17,814,000
The appropriations in this section are subject to the following conditions and limitations:
(1) $1,585,000 of the performance audit of government accountstate appropriation is provided solely for staff and related costs to verify the accuracy of reported school district data submitted for state funding purposes; conduct school district program audits of state-funded public school programs; establish the specific amount of state funding adjustments whenever audit exceptions occur and the amount is not firmly established in the course of regular public school audits; and to assist the state special education safety net committee when requested.
(2) Within existing resources of the performance audits of government account, the state auditor's office shall conduct a performance audit or accountability audit of Washington charter public schools to satisfy the requirement to contract for an independent performance audit pursuant to RCW 28A.710.030(2).
(3) $825,000 of the auditing services revolving accountstate appropriation is provided solely for accountability and risk based audits.
(4) $585,000 of the general fundstate appropriation for fiscal year 2022 and $1,030,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for the implementation of Engrossed Second Substitute House Bill No. 1089 (law enforcement audits). If the bill is not enacted by June 30, 2021, the amounts provided in this subsection shall lapse.
NEW SECTION.  Sec. 126. FOR THE CITIZENS' COMMISSION ON SALARIES FOR ELECTED OFFICIALS
General FundState Appropriation (FY 2022)
. . . .
$252,000
General FundState Appropriation (FY 2023)
. . . .
$279,000
TOTAL APPROPRIATION
. . . .
$531,000
NEW SECTION.  Sec. 127. FOR THE ATTORNEY GENERAL
General FundState Appropriation (FY 2022)
. . . .
$18,708,000
General FundState Appropriation (FY 2023)
. . . .
$23,379,000
General FundFederal Appropriation
. . . .
$18,226,000
Public Service Revolving AccountState Appropriation
. . . .
$4,145,000
New Motor Vehicle Arbitration AccountState
Appropriation
. . . .
$1,721,000
Medicaid Fraud Penalty AccountState Appropriation
. . . .
$5,862,000
Child Rescue FundState Appropriation
. . . .
$80,000
Legal Services Revolving AccountState Appropriation
. . . .
$300,291,000
Local Government Archives AccountState
Appropriation
. . . .
$1,004,000
Tobacco Prevention and Control AccountState
Appropriation
. . . .
$275,000
Consumer Privacy AccountState Appropriation
. . . .
$1,241,000
TOTAL APPROPRIATION
. . . .
$374,932,000
The appropriations in this section are subject to the following conditions and limitations:
(1) The attorney general shall report each fiscal year on actual legal services expenditures and actual attorney staffing levels for each agency receiving legal services. The report shall be submitted to the office of financial management and the fiscal committees of the senate and house of representatives no later than ninety days after the end of each fiscal year. As part of its by agency report to the legislative fiscal committees and the office of financial management, the office of the attorney general shall include information detailing the agency's expenditures for its agency-wide overhead and a breakdown by division of division administration expenses.
(2) Prior to entering into any negotiated settlement of a claim against the state that exceeds five million dollars, the attorney general shall notify the director of financial management and the chairs and ranking members of the senate committee on ways and means and the house of representatives committee on appropriations.
(3) The attorney general shall annually report to the fiscal committees of the legislature all new cy pres awards and settlements and all new accounts, disclosing their intended uses, balances, the nature of the claim or account, proposals, and intended timeframes for the expenditure of each amount. The report shall be distributed electronically and posted on the attorney general's web site. The report shall not be printed on paper or distributed physically.
(4) $161,000 of the general fundstate appropriation for fiscal year 2022 and $161,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for the civil rights unit to provide additional services in defense and protection of civil and constitutional rights for people in Washington.
(5) $8,392,000 of the legal services revolving accountstate appropriation is provided solely for child welfare and permanency staff.
(6) $617,000 of the general fundstate appropriation for fiscal year 2022 and $617,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for multi-year arbitrations of the state's diligent enforcement of its obligations to receive amounts withheld from tobacco master settlement agreement payments.
(7) $1,600,000 of the legal services revolving fundstate appropriation is provided solely for the office to compel the United States department of energy to meet Hanford cleanup deadlines.
(8) $28,000 of the legal services revolving fundstate appropriation is provided solely for implementation of Engrossed Second Substitute Senate Bill No. 5022 (recycling, waste and litter). If the bill is not enacted by June 30, 2021, the amount provided in this subsection shall lapse.
(9) $584,000 of the legal services revolving fundstate appropriation is provided solely for implementation of Engrossed Second Substitute Senate Bill No. 5051 (peace & correction officers). If the bill is not enacted by June 30, 2021, the amount provided in this subsection shall lapse.
(10) $1,241,000 of the consumer privacy accountstate appropriation is provided solely for implementation of Second Substitute Senate Bill No. 5062 (data). If the bill is not enacted by June 30, 2021, the amount provided in this subsection shall lapse.
(11) $122,000 of the legal services revolving accountstate appropriation is provided solely for implementation of Engrossed Substitute Senate Bill No. 5096 (capital gains tax). If the bill is not enacted by June 30, 2021, the amount provided in this subsection shall lapse.
(12) $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 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 of the general fundstate appropriation for fiscal year 2022 and $958,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for implementation of a program for receiving and responding to tips from the public regarding risks or potential risks to the safety or well-being of youth, called the YES tip line program. Risks to safety or well-being may include, but are not limited to, harm or threats of harm to self or others, sexual abuse, assault, rape, bullying or cyberbullying, substance use, and criminal acts. Any person contacting the YES tip line, whether for themselves or for another person, must receive timely assistance and not be turned away. The program must operate within the guidelines of this subsection.
(a) During the development and implementation of the YES tip line program the attorney general shall convene an advisory committee consisting of representatives from the Washington state patrol, the department of health, the health care authority, the office of the superintendent of public instruction, the Washington student achievement council, the Washington association of educational service districts, and other participants the attorney general appoints.
(b) The attorney general shall develop and implement policies and processes for:
(i) Assessing tips based on the level of severity, urgency, and assistance needed using best triage practices including the YES tip line;
(ii) Risk assessment for referral of persons contacting the YES tip line to service providers;
(iii) Threat assessment that identifies circumstances requiring the YES tip line to alert law enforcement, mental health services, or other first responders immediately when immediate emergency response to a tip is warranted;
(iv) Referral and follow-up on tips to schools or postsecondary institution teams, local crisis services, law enforcement, and other entities;
(v) YES tip line information data retention and reporting requirements;
(vi) Ensuring the confidentiality of persons submitting a tip and to allow for disclosure when necessary to respond to a specific emergency threat to life; and
(vii) Systematic review, analysis, and reporting by the YES tip line program of YES tip line data including, but not limited to, reporting program utilization and evaluating whether the YES tip line is being implemented equitably across the state.
(c) The YES tip line shall be operated by a vendor selected by the attorney general through a competitive contracting process. The attorney general shall ensure that the YES tip line program vendor and its personnel are properly trained and resourced. The contract must require the vendor to be bound confidentiality policies developed by the office. The contract must also provide that the state of Washington owns the data and information produced from the YES tip line and that vendor must comply with the state's data retention, use, and security requirements.
(d) The YES tip line program must develop and maintain a reference and best practices tool kit for law enforcement and mental health officials that identifies statewide and community mental health resources, services, and contacts, and provides best practices and strategies for investigators to use in investigating cases and assisting youths and their parents and guardians.
(e) The YES tip line program must promote and market the program and YES tip line to youth, families, community members, schools, and others statewide to build awareness of the program's resources and the YES tip line. Youth perspectives must be included and consulted in creating marketing campaigns and materials required for the YES tip line program. The insights of youth representing marginalized and minority communities must be prioritized for their invaluable insight.
(18) $225,000 of the general fundstate appropriation for fiscal year 2022 and $275,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for the office to fund the Washington state missing and murdered indigenous women and people task force created in section 955 of this act. Of these amounts:
(a) $75,000 of the general fundstate appropriation for fiscal year 2022 and $75,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for grants to one tribal organization, one urban Indian organization, the American Indian health commission, and the Seattle Indian health board, that participate on the task force and perform work on behalf of the task force including but not limited to providing a collaborative report on missing and murdered indigenous women.
(b) $150,000 of the general fundstate appropriation for fiscal year 2022 and $150,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for stipends for participants, and to fund consultant services, managed and overseen by the office, for managing, coordinating, and reporting on behalf of the task force meetings and summit, including but not limited to providing data analysis, research, and other services as deemed necessary by the office and the task force facilitators.
(c) $50,000 of the general fundstate appropriation for fiscal year 2023 is provided solely for the costs associated with staffing and facilitating, and the support costs relating to the implementation of, the annual task force summit. The office may contract for these services.
(19) $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) $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) $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) $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) $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) $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) $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) $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) $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) $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) $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.
NEW SECTION.  Sec. 128. FOR THE CASELOAD FORECAST COUNCIL
General FundState Appropriation (FY 2022)
. . . .
$1,990,000
General FundState Appropriation (FY 2023)
. . . .
$1,982,000
Workforce Education Investment AccountState
Appropriation
. . . .
$326,000
TOTAL APPROPRIATION
. . . .
$4,298,000
The appropriations in this section are subject to the following conditions and limitations:
(1) $326,000 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.
NEW SECTION.  Sec. 129. FOR THE DEPARTMENT OF COMMERCE
General FundState Appropriation (FY 2022)
. . . .
$193,804,000
General FundState Appropriation (FY 2023)
. . . .
$171,190,000
General FundFederal Appropriation
. . . .
$1,365,225,000
General FundPrivate/Local Appropriation
. . . .
$8,862,000
Public Works Assistance AccountState Appropriation
. . . .
$8,134,000
Lead Paint AccountState Appropriation
. . . .
$112,000
Building Code Council AccountState Appropriation
. . . .
$17,000
Liquor Excise Tax AccountState Appropriation
. . . .
$1,262,000
Home Security Fund AccountState Appropriation
. . . .
$326,272,000
Affordable Housing for All AccountState
Appropriation
. . . .
$105,230,000
Financial Fraud and Identity Theft Crimes
Investigation and Prosecution AccountState
Appropriation
. . . .
$2,671,000
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
Growth Management Planning and Environmental Review
FundState Appropriation
. . . .
$5,785,000
Liquor Revolving AccountState Appropriation
. . . .
$5,920,000
Washington Housing Trust AccountState Appropriation
. . . .
$20,455,000
Prostitution Prevention and Intervention Account
State Appropriation
. . . .
$26,000
Public Facility Construction Loan Revolving Account
State Appropriation
. . . .
$1,229,000
Model Toxics Control Stormwater AccountState
Appropriation
. . . .
$100,000
Dedicated Marijuana AccountState Appropriation
(FY 2022)
. . . .
$1,813,000
Dedicated Marijuana AccountState Appropriation
(FY 2023)
. . . .
$1,809,000
Andy Hill Cancer Research Endowment Fund Match
Transfer AccountState Appropriation
. . . .
$11,711,000
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
TOTAL APPROPRIATION
. . . .
$2,716,086,000
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 of the general fundstate appropriation for fiscal year 2023 are provided solely for a grant to resolution Washington to build statewide capacity for alternative dispute resolution centers and dispute resolution programs that guarantee that citizens have access to low-cost resolution as an alternative to litigation.
(3) $375,000 of the general fundstate appropriation for fiscal year 2022 and $375,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for a grant to the retired senior volunteer program.
(4) The department shall administer its growth management act technical assistance and pass-through grants so that smaller cities and counties receive proportionately more assistance than larger cities or counties.
(5) $375,000 of the general fundstate appropriation for fiscal year 2022 and $375,000 of the general fundstate appropriation for fiscal year 2023 are provided solely as pass-through funding to Walla Walla Community College for its water and environmental center.
(6) $4,304,000 of the general fund—state appropriation for fiscal year 2022 and $4,304,000 of the general fund—state appropriation for fiscal year 2023 are provided solely for associate development organizations. During the 2021-2023 biennium, the department shall consider an associate development organization's total resources when making contracting and fund allocation decisions, in addition to the schedule provided in RCW 43.330.086. The department must distribute the funding as follows:
(a) For associate development organizations serving urban counties, which are counties other than rural counties as defined in RCW 82.14.370, a locally matched allocation of up to $1.00 per capita, totaling no more than $300,000 per organization; and
(b) For associate development organizations in rural counties, as defined in RCW 82.14.370, a $1.00 per capita allocation with a base allocation of $75,000.
(7) $5,907,000 of the liquor revolving accountstate appropriation is provided solely for the department to contract with the municipal research and services center of Washington.
(8) The department is authorized to require an applicant to pay an application fee to cover the cost of reviewing the project and preparing an advisory opinion on whether a proposed electric generation project or conservation resource qualifies to meet mandatory conservation targets.
(9) Within existing resources, the department shall provide administrative and other indirect support to the developmental disabilities council.
(10) $300,000 of the general fundstate appropriation for fiscal year 2022 and $300,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for the northwest agriculture business center.
(11) $150,000 of the general fundstate appropriation for fiscal year 2022 and $150,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for the regulatory roadmap program for the construction industry and to identify and coordinate with businesses in key industry sectors to develop additional regulatory roadmap tools.
(12) $1,000,000 of the general fundstate appropriation for fiscal year 2022 and $1,000,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for the Washington new Americans program. The department may require a cash match or in-kind contributions to be eligible for state funding.
(13) $643,000 of the general fundstate appropriation for fiscal year 2022 and $643,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for the department to contract with a private, nonprofit organization to provide developmental disability ombuds services.
(14) $1,000,000 of the home security fundstate appropriation, $2,000,000 of the Washington housing trust accountstate appropriation, and $1,000,000 of the affordable housing for all accountstate appropriation are provided solely for the department of commerce for services to homeless families and youth through the Washington youth and families fund.
(15) $2,000,000 of the home security fundstate appropriation is provided solely for the administration of the grant program required in chapter 43.185C RCW, linking homeless students and their families with stable housing.
(16)(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 of the general fundstate appropriation for fiscal year 2022 and $2,000,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for the department to contract with organizations and attorneys to provide either legal representation or referral services for legal representation, or both, to indigent persons who are in need of legal services for matters related to their immigration status. Persons eligible for assistance under any contract entered into pursuant to this subsection must be determined to be indigent under standards developed under chapter 10.101 RCW.
(22)(a) $37,000,000 of the affordable housing for all accountstate appropriation is provided solely for grants to support the building operation, maintenance, and service costs of permanent supportive housing projects or units within housing projects that have or will receive funding from the housing trust fundstate account or other public capital funding that:
(i) Is dedicated as permanent supportive housing units;
(ii) Is occupied by low-income households with incomes at or below thirty percent of the area median income; and
(iii) Requires a supplement to rent income to cover ongoing property operating, maintenance, and service expenses.
(b) Permanent supportive housing projects receiving federal operating subsidies that do not fully cover the operation, maintenance, and service costs of the projects are eligible to receive grants as described in this subsection.
(c) The department may use a reasonable amount of funding provided in this subsection to administer the grants.
(23) $7,000,000 of the home security fundstate appropriation is provided solely for the office of homeless youth prevention and protection programs to:
(a) Expand outreach, services, and housing for homeless youth and young adults including but not limited to secure crisis residential centers, crisis residential centers, and HOPE beds, so that resources are equitably distributed across the state;
(b) Contract with other public agency partners to test innovative program models that prevent youth from exiting public systems into homelessness; and
(c) Support the development of an integrated services model, increase performance outcomes, and enable providers to have the necessary skills and expertise to effectively operate youth programs.
(24) $125,000 of the general fundstate appropriation for fiscal year 2022 and $125,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for the office of homeless youth to fund program models that prevent youth from exiting public systems into homelessness.
(25) $3,000,000 of the general fundstate appropriation for fiscal year 2022 and $5,000,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for the office of 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 of the general fundstate appropriation for fiscal year 2023 and $4,500,000 of the home security fundstate appropriation are provided solely for the consolidated homeless grant program.
(a) Of the amounts provided in this subsection, $4,500,000 of the home security fundstate appropriation is provided solely for permanent supportive housing targeted at those families who are chronically homeless and where at least one member of the family has a disability. The department will also connect these families to medicaid supportive services.
(b) Of the amounts provided in this subsection, $1,000,000 of the general fundstate appropriation for fiscal year 2022 and $1,000,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for diversion services for those families and individuals who are at substantial risk of losing stable housing or who have recently become homeless and are determined to have a high probability of returning to stable housing.
(33) $11,711,000 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 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 of the general fundstate appropriation for fiscal year 2022 and $1,007,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for the department to administer a transitional housing pilot program for nondependent homeless youth. In developing the pilot program, the department will work with the adolescent unit within the department of children, youth, and families, which is focused on cross-system challenges impacting youth, including homelessness.
(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 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 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 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 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 of the general fundstate appropriation for fiscal year 2022 and $347,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for 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 of the general fundstate appropriation for fiscal year 2022 and $483,000 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 of the general fundfederal appropriation (ARPA) is 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 of the general fundfederal appropriation (ARPA) is 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;
(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;
(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.
(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.
(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 of the general fundstate appropriation for fiscal year 2022 is 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 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 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 grants to community organizations that serve historically disadvantaged populations to conduct outreach and assist community members in applying for state and federal assistance programs, including but not limited to those administered by the departments of social and health services; commerce; and children, youth, and families.
(95) $375,000 of the general fundstate appropriation for fiscal year 2022 and $375,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for the department to accelerate implementation of the low-income rural home rehabilitation program by contracting with up to seven home rehabilitation agencies, as defined under WAC 365-175-030, in a variety of regions of the state. Funding provided in this subsection may be used by home rehabilitation agencies for program support in order to increase the number of households participating in the program. Home rehabilitation agencies receiving funding under this subsection must provide the department with a summary of their direct and indirect costs associated with implementing the program.
(96) $450,000 of the general fundstate appropriation for fiscal year 2022 is provided solely for pre-development activities for state-operated or contracted residential or supportive housing facilities at the Pacific hospital preservation and development authority buildings three through ten in Seattle, to help carry out Washington state's plans for new community-based residential facilities, including supportive housing. The facilities may be used for behavioral health, long-term care, developmentally disabled community housing, recovery residences, state-operated living alternatives, group homes, or family-centered substance use disorder recovery housing. The amounts provided in this subsection may be used for concept development, planning, lease payments, and other related expenses for pre-development of state- or nonprofit-operated residential facilities identified by the health care authority or the departments of social and health services, children, youth, and families, and commerce. The department is authorized to enter into a short-term lease, with an option to enter into a multiyear extension, for the Pacific hospital preservation and development authority quarters buildings three through ten.
(97) $80,000 of the general fundstate appropriation for fiscal year 2022 and $80,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for a grant to a nonprofit organization dedicated to supporting forest health restoration located in Okanogan county for work toward a biochar research and demonstration project and initial efforts toward full-size operation of an industrial-sized facility in the Methow valley.
(98) $6,800,000 of the general fundstate appropriation for fiscal year 2022 and $8,200,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for grants to crime victim services providers for victim assistance programs. The department must distribute the funds in accordance with the methodologies used to distribute federal victims of crime act victim assistance funding.
(99)(a) $225,000 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 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 of the general fundstate appropriation for fiscal year 2022 is 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 of the general fundstate appropriation for fiscal year 2022 and $332,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for the department to contract with a nonprofit organization with demonstrated expertise in the creative arts and strategic planning to establish a Washington state creative economy work group that within two years, and with the advice of the work group, develops a strategic plan to improve the Washington state creative economy that can be rolled out in incremental phases to reach identified economic, social justice, and business development goals.
(b) The goal of the strategic plan must be to ensure that the state of Washington is competitive with respect to attracting creative economy business, retaining talent within the state, and developing marketable content that can be exported for national and international consumption and monetization. The strategic plan must address support for the creative community within historically marginalized communities, as well as the creative economy at large, and take into account the diverse interests, strengths, and needs of Washington's population on both sides of the Cascade mountains.
(c) The chair of the work group must be the director of the nonprofit organization contracted with by the department or the director's designee, and must have significant experience working as an artist, producer, or director and in business development, including drafting business plans and multidisciplinary planning documents. The chair must appoint representatives to the work group who represent the range of demographic diversity across the state of Washington, including:
(i) A representative from the Washington state association of counties;
(ii) A representative from the association of Washington cities;
(iii) A representative from the Washington state arts commission;
(iv) A representative from the Washington state labor council;
(v) A representative from the banking industry with experience in matters involving the federal small business administration;
(vi) An appropriate number of representatives from the Washington state arts community including, but not limited to, the following sectors:
(A) Film, television, and video production;
(B) Recorded audio and music production;
(C) Animation production;
(D) Video game development;
(E) Live theater, orchestra, dance, and opera;
(F) Live music performance;
(G) Visual arts, including sculpture, painting, graphic design, and photography;
(H) Production facilities, such as film and television studios; and
(I) Live music or performing arts venues;
(vii) A representative from a certified public accounting firm or other company with experience in financial modeling and in the creative arts;
(viii) A representative selected by the Washington state commission on African American affairs, the Washington state commission on Hispanic affairs, the governor's office of Indian affairs, and the Washington state commission on Asian Pacific American affairs to represent the entities on the work group;
(ix) A representative of a federally recognized Indian tribe with a reservation located east of the crest of the Cascade mountains;
(x) A representative of a federally recognized Indian tribe with a reservation located west of the crest of the Cascade mountains; and
(xi) Other state agency representatives or stakeholder group representatives, at the discretion of the work group, for the purpose of participating in specific topic discussions.
(d) In developing the strategic plan for the Washington state creative economy, the work group must:
(i) Identify existing studies of aspects affecting the creative economy, including studies relating to tax issues, legislation, finance, population and demographics, and employment;
(ii) Conduct a comparative analysis with other jurisdictions that have successfully developed creative economy plans and programs, including the states of Georgia and New Mexico, and the provinces of British Columbia and Ontario, Canada;
(iii) Conduct in-depth interviews to identify best practices for structuring a strategic plan for the state of Washington;
(iv) Evaluate existing banking models for financing creative economy projects in the private sector and develop a financial model to promote investment in Washington's creative economy;
(v) Evaluate existing state and county tax incentives and make recommendations for improvements to support the creative economy;
(vi) Identify the role that counties and cities play with respect to the strategic plan, and identify specific counties and cities that may need or want a stronger creative economy;
(vii) Identify opportunities for synergies with new business models and the integration of new technologies; and
(viii) Identify the role that state education programs in the creative arts play in the creative economy and with respect to advancing the strategic plan.
(e) The department of commerce shall facilitate the timely transmission of information and documents from all appropriate state departments and agencies to the nonprofit organization contracted under this subsection. The work group must report its findings and recommendations to the appropriate committees of the legislature by December 1, 2022. The contracted nonprofit must administer the expenses of the work group.
(108) $300,000 of the general fundstate appropriation for fiscal year 2022 is 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 of the general fundstate appropriation for fiscal year 2022 is provided solely for the department to continue starting up the Washington state office of firearm safety and violence prevention, including the creation of a state and federal grant funding plan to direct resources to cities that are most impacted by community violence.
(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 of the general fundstate appropriation for fiscal year 2022 and $90,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for the department to perform an analysis of the property operations and maintenance costs and tenant supportive services costs for affordable housing projects that receive funding from the Washington housing trust fund. The projects to be analyzed must include, but are not limited to, permanent supportive housing and youth housing taking into consideration housing projects that have been in service for a sufficient time that actual costs can be determined. The analysis shall include a categorized overview of the expenses and fund sources related to the maintenance, operations, and supportive services necessary for the affordable housing projects to be successful in housing the intended population, as well as identify other available funding sources for these costs. The analysis must also explore the timing and alignment challenges for pairing operational and supportive services funding with the initial capital investments, and make recommendations relating to any benchmarks that can be established regarding future costs that would impact the operating budget, 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 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 of the general fundstate appropriation for fiscal year 2023 are provided solely for implementation of Senate Bill No. 5345 (industrial waste program). Of the amounts provided in this subsection, $175,000 of the general fundstate appropriation for fiscal year 2022 and $175,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for grants to local industrial waste symbiosis projects as provided in the bill. If the bill is not enacted by June 30, 2021, the amounts provided in this subsection shall lapse.
(120) $1,250,000 of the general fundstate appropriation for fiscal year 2022 and $1,250,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for implementation of Engrossed Substitute Senate Bill No. 5353 (law enforcement community engagement). Of the amounts provided in this subsection, $500,000 of the general fundstate appropriation for fiscal year 2022 and $500,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for grants awarded under this bill. If the bill is not enacted by June 30, 2021, the amounts provided in this subsection shall lapse.
(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 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 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 of the general fundstate appropriation for fiscal year 2022 and $1,615,000 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.
NEW SECTION.  Sec. 130. FOR THE ECONOMIC AND REVENUE FORECAST COUNCIL
General FundState Appropriation (FY 2022)
. . . .
$903,000
General FundState Appropriation (FY 2023)
. . . .
$964,000
Lottery Administrative AccountState Appropriation
. . . .
$50,000
TOTAL APPROPRIATION
. . . .
$1,917,000
NEW SECTION.  Sec. 131. FOR THE OFFICE OF FINANCIAL MANAGEMENT
General FundState Appropriation (FY 2022)
. . . .
$16,022,000
General FundState Appropriation (FY 2023)
. . . .
$15,819,000
General FundFederal Appropriation
. . . .
$32,507,000
General FundPrivate/Local Appropriation
. . . .
$531,000
Economic Development Strategic Reserve AccountState
Appropriation
. . . .
$329,000
Workforce Education Investment AccountState
Appropriation
. . . .
$100,000
Personnel Service AccountState Appropriation
. . . .
$23,431,000
Higher Education Personnel Services AccountState
Appropriation
. . . .
$1,497,000
Statewide Information Technology System Development
Maintenance and Operations Revolving Account
State Appropriation
. . . .
$102,037,000
Office of Financial Management Central Service
AccountState Appropriation
. . . .
$21,945,000
Performance Audits of Government AccountState
Appropriation
. . . .
$672,000
Coronavirus State Fiscal Recovery FundFederal
Appropriation
. . . .
$1,560,000
TOTAL APPROPRIATION
. . . .
$216,450,000
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 of the information technology system development revolving accountstate appropriation, $162,000 of the personnel services accountstate appropriation, and $162,000 of the office of financial management central services accountstate appropriation are provided solely for the one Washington enterprise resource planning statewide program. Of this amount:
(i) $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 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;
(vi) $162,000 of the personnel services account—state appropriation is provided solely for a dedicated staff for phase 2 (human resources) coordination; and
(vii) $162,000 of the office of financial management central services account—state appropriation is provided solely for a dedicated staff for phase 3 (budget) coordination.
(b) Beginning July 1, 2021, the office of financial management shall provide written quarterly reports, within 30 calendar days of the end of each fiscal quarter, to legislative fiscal committees and the legislative evaluation and accountability program committee to include how funding was spent compared to the budget spending plan for the prior quarter by fiscal month and what the ensuing quarter budget will be by fiscal month. All reporting must be separated by phase of one Washington subprojects. The written report must also include:
(i) A list of quantifiable deliverables accomplished and the associated expenditures by each deliverable by fiscal month;
(ii) A report on the contract full time equivalent charged compared to the budget spending plan by month for each contracted vendor and what the ensuing contract equivalent budget spending plan assumes by fiscal month;
(iii) A report identifying each state agency that applied for and received organizational change management pool resources, the staffing equivalent used, and the cost by fiscal month by agency compared to budget spending plan;
(iv) A report identifying each state agency that applied for and received technology pool resources, the staffing equivalent used, and the cost by fiscal month by agency compared to the budget spending plan;
(v) A report on budget spending plan by fiscal month by phase compared to actual spending by fiscal month; and
(vi) A report on current financial office performance metrics that at least 10 state agencies use, to include the monthly performance data, starting July 1, 2021.
(c) Prior to spending any funds, the director of financial management must agree to the spending and sign off on the spending.
(d) This subsection is subject to the conditions, limitations, and review requirements of section 701 of this act.
(4) $250,000 of the office of financial management central services account—state appropriation is provided solely for a dedicated information technology budget staff for the work associated with statewide information technology projects that are under the oversight of the office of the chief information officer. The staff will be responsible for providing a monthly financial report after each fiscal month close to fiscal staff of the senate ways and means and house appropriations committees to reflect at least:
(a) Fund balance of the information technology pool account after each fiscal month close;
(b) Amount by information technology project, differentiated if in the technology pool or the agency budget, of what funding has been approved to date and for the last fiscal month;
(c) Amount by agency of what funding has been approved to date and for the last fiscal month;
(d) Total amount approved to date, differentiated if in the technology pool or the agency budget, and for the last fiscal month;
(e) A projection for the information technology pool account by fiscal month through the 2021-2023 fiscal biennium close, and a calculation spent to date as a percentage of the total appropriation;
(f) A projection of each information technology project spending compared to budget spending plan by fiscal month through the 2021-2023 fiscal biennium, and a calculation of amount spent to date as a percentage of total project cost; and
(g) A list of agencies and projects that have not yet applied for nor been approved for funding by the office of financial management.
(5) $12,741,000 of the personnel service account—state appropriation is provided solely for administration of orca pass benefits included in the 2021-2023 collective bargaining agreements and provided to nonrepresented employees. The office of financial management must bill each agency for that agency's proportionate share of the cost of orca passes. The payment from each agency must be deposited into the personnel service account and used to purchase orca passes. The office of financial management may consult with the Washington state department of transportation in the administration of these benefits.
(6) Within existing resources, the labor relations section shall produce a report annually on workforce data and trends for the previous fiscal year. At a minimum, the report must include a workforce profile; information on employee compensation, including salaries and cost of overtime; and information on retention, including average length of service and workforce turnover.
(7)(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 of the general fundstate appropriation for fiscal year 2022 is 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)(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) $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) $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 of the general fundstate appropriation for fiscal year 2022 and $300,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for the office of 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).
NEW SECTION.  Sec. 132. FOR THE OFFICE OF ADMINISTRATIVE HEARINGS
Administrative Hearings Revolving AccountState
Appropriation
. . . .
$71,650,000
Administrative Hearings Revolving AccountLocal
Appropriation
. . . .
$12,000
TOTAL APPROPRIATION
. . . .
$71,662,000
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.
NEW SECTION.  Sec. 133. FOR THE WASHINGTON STATE LOTTERY
Lottery Administrative AccountState Appropriation
. . . .
$29,759,000
TOTAL APPROPRIATION
. . . .
$29,759,000
The appropriation in this section is subject to the following conditions and limitations:
(1) No portion of this appropriation may be used for acquisition of gaming system capabilities that violate state law.
(2) Pursuant to RCW 67.70.040, the commission shall take such action necessary to reduce retail commissions to an average of 5.1 percent of sales.
NEW SECTION.  Sec. 134. FOR THE COMMISSION ON HISPANIC AFFAIRS
General FundState Appropriation (FY 2022)
. . . .
$443,000
General FundState Appropriation (FY 2023)
. . . .
$464,000
TOTAL APPROPRIATION
. . . .
$907,000
NEW SECTION.  Sec. 135. FOR THE COMMISSION ON AFRICAN-AMERICAN AFFAIRS
General FundState Appropriation (FY 2022)
. . . .
$421,000
General FundState Appropriation (FY 2023)
. . . .
$431,000
TOTAL APPROPRIATION
. . . .
$852,000
NEW SECTION.  Sec. 136. FOR THE DEPARTMENT OF RETIREMENT SYSTEMSOPERATIONS
Department of Retirement Systems Expense Account
State Appropriation
. . . .
$71,462,000
TOTAL APPROPRIATION
. . . .
$71,462,000
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.
NEW SECTION.  Sec. 137. FOR THE DEPARTMENT OF REVENUE
General FundState Appropriation (FY 2022)
. . . .
$167,182,000
General FundState Appropriation (FY 2023)
. . . .
$411,796,000
Timber Tax Distribution AccountState Appropriation
. . . .
$7,314,000
Business License AccountState Appropriation
. . . .
$20,335,000
Waste Reduction, Recycling, and Litter Control
AccountState Appropriation
. . . .
$162,000
Model Toxics Control Operating AccountState
Appropriation
. . . .
$118,000
Financial Services Regulation AccountState
Appropriation
. . . .
$5,000,000
TOTAL APPROPRIATION
. . . .
$611,907,000
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) Within the amounts appropriated in this section, the department must convene a stakeholder work group to analyze and develop recommendations on future taxation of digital products that are used in the electronic processing of prescriptions to avoid increases in the cost of providing prescription drugs to consumers. The analysis and recommendations must be submitted in a report to the appropriate committees of the legislature by December 1, 2021.
NEW SECTION.  Sec. 138. FOR THE BOARD OF TAX APPEALS
General FundState Appropriation (FY 2022)
. . . .
$2,631,000
General FundState Appropriation (FY 2023)
. . . .
$2,652,000
TOTAL APPROPRIATION
. . . .
$5,283,000
NEW SECTION.  Sec. 139. FOR THE OFFICE OF MINORITY AND WOMEN'S BUSINESS ENTERPRISES
General FundState Appropriation (FY 2022)
. . . .
$1,975,000
General FundState Appropriation (FY 2023)
. . . .
$1,564,000
Minority and Women's Business Enterprises Account
State Appropriation
. . . .
$4,607,000
TOTAL APPROPRIATION
. . . .
$8,146,000
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.
NEW SECTION.  Sec. 140. FOR THE INSURANCE COMMISSIONER
General FundFederal Appropriation
. . . .
$4,633,000
Insurance Commissioner's Regulatory AccountState
Appropriation
. . . .
$66,336,000
Insurance Commissioner's Fraud AccountState
Appropriation
. . . .
$3,603,000
TOTAL APPROPRIATION
. . . .
$74,572,000
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.
NEW SECTION.  Sec. 141. FOR THE STATE INVESTMENT BOARD
State Investment Board Expense AccountState
Appropriation
. . . .
$65,134,000
TOTAL APPROPRIATION
. . . .
$65,134,000
The appropriation in this section is subject to the following conditions and limitations:
(1) $4,464,000 of the state investment board expense accountstate appropriation is provided solely for investment data software, and is subject to the conditions, limitations, and review requirements of section 701 of this act.
(2) During the 2021-2023 fiscal biennium, the Washington state investment board shall provide the law enforcement officers' and firefighters' plan 2 retirement board use of the investment board main conference room. The law enforcement officers' and firefighters' plan 2 retirement board must be allowed to use the board room for at least five hours on one day per month during regular business hours. Any additional direct costs incurred by the investment board due solely to the use of the conference room by the retirement board may be reimbursed by the law enforcement officers' and firefighters' plan 2 retirement board, consistent with any investment board policies on reimbursement for this facility applied to other major clients and investment partners.
NEW SECTION.  Sec. 142. FOR THE LIQUOR AND CANNABIS BOARD
General FundState Appropriation (FY 2022)
. . . .
$388,000
General FundState Appropriation (FY 2023)
. . . .
$417,000
General FundFederal Appropriation
. . . .
$3,013,000
General FundPrivate/Local Appropriation
. . . .
$75,000
Dedicated Marijuana AccountState Appropriation
(FY 2022)
. . . .
$11,575,000
Dedicated Marijuana AccountState Appropriation
(FY 2023)
. . . .
$11,608,000
Liquor Revolving AccountState Appropriation
. . . .
$82,347,000
TOTAL APPROPRIATION
. . . .
$109,423,000
The appropriations in this section are subject to the following conditions and limitations:
(1) The liquor and cannabis board may require electronic payment of the marijuana excise tax levied by RCW 69.50.535. The liquor and cannabis board may allow a waiver to the electronic payment requirement for good cause as provided by rule.
(2) Of the liquor revolving accountstate appropriation, $4,939,000 for fiscal year 2022 and $2,065,000 for fiscal year 2023 are provided solely for the modernization of regulatory systems and are subject to the conditions, limitations, and review requirements of section 701 of this act.
(3) $1,441,000 of the liquor revolving accountstate appropriation is provided solely for the implementation of 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.
NEW SECTION.  Sec. 143. FOR THE UTILITIES AND TRANSPORTATION COMMISSION
General FundState Appropriation (FY 2022)
. . . .
$251,000
General FundState Appropriation (FY 2023)
. . . .
$199,000
General FundPrivate/Local Appropriation
. . . .
$16,591,000
Public Service Revolving AccountState Appropriation
. . . .
$42,430,000
Public Service Revolving AccountFederal
Appropriation
. . . .
$100,000
Pipeline Safety AccountState Appropriation
. . . .
$3,435,000
Pipeline Safety AccountFederal Appropriation
. . . .
$3,140,000
TOTAL APPROPRIATION
. . . .
$66,146,000
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.
NEW SECTION.  Sec. 144. FOR THE MILITARY DEPARTMENT
General FundState Appropriation (FY 2022)
. . . .
$10,500,000
General FundState Appropriation (FY 2023)
. . . .
$9,502,000
General FundFederal Appropriation
. . . .
$120,157,000
Enhanced 911 AccountState Appropriation
. . . .
$53,834,000
Disaster Response AccountState Appropriation
. . . .
$42,370,000
Disaster Response AccountFederal Appropriation
. . . .
$920,106,000
Military Department Rent and Lease AccountState
Appropriation
. . . .
$994,000
Military Department Active State Service Account
State Appropriation
. . . .
$400,000
Oil Spill Prevention AccountState Appropriation
. . . .
$1,040,000
Worker and Community Right to Know FundState
Appropriation
. . . .
$1,832,000
TOTAL APPROPRIATION
. . . .
$1,160,735,000
The appropriations in this section are subject to the following conditions and limitations:
(1) The military department shall submit a report to the office of financial management and the legislative fiscal committees by February 1st and October 31st of each year detailing information on the disaster response account, including: (a) The amount and type of deposits into the account; (b) the current available fund balance as of the reporting date; and (c) the projected fund balance at the end of the 2021-2023 biennium based on current revenue and expenditure patterns.
(2) $40,000,000 of the general fund—federal appropriation is provided solely for homeland security, subject to the following conditions: Any communications equipment purchased by local jurisdictions or state agencies shall be consistent with standards set by the Washington state interoperability executive committee.
(3) $11,000,000 of the enhanced 911 accountstate appropriation is provided solely for financial assistance to counties.
(4) $784,000 of the disaster response accountstate appropriation is provided solely for fire suppression training, equipment, and supporting costs to national guard soldiers and airmen.
(5) $200,000 of the military department rental and lease accountstate appropriation is provided solely for maintenance staff.
(6) $1,000,000 of the general fundstate appropriation for fiscal year 2022 is provided solely for grants to assist eligible individuals and families with the purchase of household appliances. The maximum grant to an eligible individual or household is $2,500. Grants will be awarded on a first-come, first-serve basis subject to availability of amounts provided in this subsection. For purposes of this subsection, "household appliance" means a machine that assists with household functions such as cooking, cleaning and food preservation. To be eligible, an individual or family must:
(a) Be a resident of Douglas, Okanogan, Pierce, or Whitman county;
(b) Have suffered damage to their home or was displaced from a rental unit used as their primary residence due to a wildfire occurring in fiscal year 2021;
(c) Not have or have inadequate private insurance to cover the cost of household appliance replacement;
(d) Not qualify for individual assistance through the federal emergency management agency; and
(e) Meet one of the following criteria:
(i) Is disabled;
(ii) Has a household income equal to or less than 80 percent of county median household income;
(iii) The home qualified for the property tax exemption program in RCW 84.36.379 through 84.36.389; or
(iv) The home qualified for the property tax deferral program in chapter 84.38 RCW.
(7) $2,136,000 of the general fundfederal appropriation (ARPA) is provided solely for the department to administer the emergency management performance grants according to federal laws and guidelines.
(8) $3,808,000 of the disaster response accountstate appropriation and $46,039,000 of the disaster response accountfederal appropriation are provided solely for agency costs for acquiring personal protective equipment as listed in LEAP omnibus document 2021-FEMA PPE, dated April 24, 2021. The department must coordinate with the agencies who have costs listed in LEAP omnibus document 2021-FEMA PPE, dated April 24, 2021, to ensure application to the federal emergency management agency for reimbursement.
(9)(a) $251,000 of the general fundstate appropriation for fiscal year 2022 and $250,000 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.
NEW SECTION.  Sec. 145. FOR THE PUBLIC EMPLOYMENT RELATIONS COMMISSION
General FundState Appropriation (FY 2022)
. . . .
$2,401,000
General FundState Appropriation (FY 2023)
. . . .
$2,371,000
Personnel Service AccountState Appropriation
. . . .
$4,382,000
Higher Education Personnel Services AccountState
Appropriation
. . . .
$1,407,000
TOTAL APPROPRIATION
. . . .
$10,561,000
The appropriations in this section are subject to the following conditions and limitations: $52,000 of the general fundstate appropriation for fiscal year 2022 and $5,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for the implementation of Substitute Senate Bill No. 5055 (law enforcement grievances). If the bill is not enacted by June 30, 2021, the amounts provided in this subsection shall lapse.
NEW SECTION.  Sec. 146. FOR THE BOARD OF ACCOUNTANCY
Certified Public Accountants' AccountState
Appropriation
. . . .
$4,438,000
TOTAL APPROPRIATION
. . . .
$4,438,000
NEW SECTION.  Sec. 147. FOR THE BOARD FOR VOLUNTEER FIREFIGHTERS
Volunteer Firefighters' and Reserve Officers'
Administrative AccountState Appropriation
. . . .
$4,960,000
TOTAL APPROPRIATION
. . . .
$4,960,000
The appropriation in this section is subject to the following conditions and limitations: $3,930,000 of the volunteer firefighters' and reserve officers' administrative account—state appropriation is provided solely for a benefits management system, and is subject to the conditions, limitations, and review requirements of section 701 of this act.
NEW SECTION.  Sec. 148. FOR THE FORENSIC INVESTIGATION COUNCIL
Death Investigations AccountState Appropriation
. . . .
$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.
NEW SECTION.  Sec. 149. FOR THE DEPARTMENT OF ENTERPRISE SERVICES
General FundState Appropriation (FY 2022)
. . . .
$5,976,000
General FundState Appropriation (FY 2023)
. . . .
$5,833,000
General FundPrivate/Local Appropriation
. . . .
$102,000
Building Code Council AccountState Appropriation
. . . .
$1,825,000
TOTAL APPROPRIATION
. . . .
$13,736,000
The appropriations in this section are subject to the following conditions and limitations:
(1) $5,208,000 of the general fund—state appropriation for fiscal year 2022 and $5,269,000 of the general fund—state appropriation for fiscal year 2023 are provided solely for the payment of facilities and services charges to include campus rent, utilities, parking, and contracts, public and historic facilities charges, and capital projects surcharges allocable to the senate, house of representatives, statute law committee, legislative support services, and joint legislative systems committee. The department shall allocate charges attributable to these agencies among the affected revolving funds. The department shall maintain an interagency agreement with these agencies to establish performance standards, prioritization of preservation and capital improvement projects, and quality assurance provisions for the delivery of services under this subsection. The legislative agencies named in this subsection shall continue to enjoy all of the same rights of occupancy and space use on the capitol campus as historically established.
(2) Before any agency may purchase a passenger motor vehicle as defined in RCW 43.19.560, the agency must have written approval from the director of the department of enterprise services. Agencies that are exempted from the requirement are the Washington state patrol, Washington state department of transportation, and the department of natural resources.
(3) From the fee charged to master contract vendors, the department shall transfer to the office of minority and women's business enterprises in equal monthly installments $1,500,000 in fiscal year 2022 and $1,300,000 in fiscal year 2023.
(4) Within existing resources, beginning October 31, 2021, the department, in collaboration with consolidated technology services, must provide a report to the governor and fiscal committees of the legislative by October 31 of each calendar year that reflects information technology contract information based on a contract snapshot from June 30 of that same calendar year, and must also include any contract that was active since July 1 of the previous calendar year. The department will coordinate to receive contract information for all contracts to include those where the department has delegated authority so that the report includes statewide contract information. The report must contain a list of all information technology contracts to include the agency name, contract number, vendor name, contract term start and end dates, contract dollar amount in total, and contract dollar amounts by state fiscal year. The report must also include, by contract, the contract spending projections by state fiscal year for each ensuing state fiscal year through the contract term, and note the type of service delivered. The list of contracts must be provided electronically in Excel and be sortable by all field requirements. The report must also include trend analytics on information technology contracts, and recommendations for reducing costs where possible.
(5) $162,000 of the general fundstate appropriation in fiscal year 2022 and $162,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for the department to waive rent fees and charges through 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.
NEW SECTION.  Sec. 150. FOR THE DEPARTMENT OF ARCHAEOLOGY AND HISTORIC PRESERVATION
General FundState Appropriation (FY 2022)
. . . .
$2,736,000
General FundState Appropriation (FY 2023)
. . . .
$2,779,000
General FundFederal Appropriation
. . . .
$2,948,000
General FundPrivate/Local Appropriation
. . . .
$14,000
TOTAL APPROPRIATION
. . . .
$8,477,000
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.
NEW SECTION.  Sec. 151. FOR THE CONSOLIDATED TECHNOLOGY SERVICES AGENCY
General FundState Appropriation (FY 2022)
. . . .
$581,000
General FundState Appropriation (FY 2023)
. . . .
$531,000
Consolidated Technology Services Revolving Account
State Appropriation
. . . .
$53,030,000
TOTAL APPROPRIATION
. . . .
$54,142,000
The appropriations in this section are subject to the following conditions and limitations:
(1) $11,623,000 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 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 of the consolidated technology services revolving accountstate appropriation is provided solely for the office of cyber security.
(3) The consolidated technology services agency shall work with customer agencies using the Washington state electronic records vault (WASERV) to identify opportunities to:
(a) Reduce storage volumes and costs associated with vault records stored beyond the agencies' record retention schedules; and
(b) Assess a customized service charge as defined in chapter 304, Laws of 2017 for costs of using WASERV to prepare data compilations in response to public records requests.
(4)(a) In conjunction with the office of the chief information officer's prioritization of proposed information technology expenditures, agency budget requests for proposed information technology expenditures must include the following:
(i) The agency's priority ranking of each information technology request;
(ii) The estimated cost by fiscal year and by fund for the current biennium;
(iii) The estimated cost by fiscal year and by fund for the ensuing biennium;
(iv) The estimated total cost for the current and ensuing biennium;
(v) The total cost by fiscal year, by fund, and in total, of the information technology project since it began;
(vi) The estimated cost by fiscal year and by fund over all biennia through implementation and close out and into maintenance and operations;
(vii) The estimated cost by fiscal year and by fund for service level agreements once the project is implemented;
(viii) The estimated cost by fiscal year and by fund for agency staffing for maintenance and operations once the project is implemented; and
(ix) The expected fiscal year when the agency expects to complete the request.
(b) The office of the chief information officer and the office of financial management may request agencies to include additional information on proposed information technology expenditure requests.
(5) The consolidated technology services agency must not increase fees charged for existing services without prior approval by the office of financial management. The agency may develop fees to recover the actual cost of new infrastructure to support increased use of cloud technologies.
(6) Within existing resources, the agency must provide oversight of state procurement and contracting for information technology goods and services by the department of enterprise services.
(7) Within existing resources, the agency must host, administer, and support the state employee directory in an online format to provide public employee contact information.
(8) The health care authority, the health benefit exchange, the department of social and health services, the department of health, and the department of children, youth, and families shall work together within existing resources to establish the health and human services enterprise coalition (the coalition). The coalition, led by the health care authority, must be a multi-organization collaborative that provides strategic direction and federal funding guidance for projects that have cross-organizational or enterprise impact, including information technology projects that affect organizations within the coalition. The office of the chief information officer shall maintain a statewide perspective when collaborating with the coalition to ensure that the development of projects identified in this report are planned for in a manner that ensures the efficient use of state resources and maximizes federal financial participation. The work of the coalition and any project identified as a coalition project is subject to the conditions, limitations, and review provided in section 701 of this act.
(9) $4,303,000 of the consolidated technology services revolving accountstate appropriation is provided solely for the creation and ongoing delivery of information technology services tailored to the needs of small agencies. The scope of services must include, at a minimum, full-service desktop support, service assistance, security, and consultation.
(10) $23,150,000 of the consolidated technology services revolving accountstate appropriation is provided solely for the procurement and distribution of Microsoft 365 licenses which must include advanced security features and cloud-based private branch exchange capabilities for state agencies. The office must report annually to fiscal committees of the legislature beginning December 31, 2021, and each December 31 thereafter, on the count and type of licenses distributed by consolidated technology services to each state agency. The report must also separately report on the count and type of Microsoft 365 licenses that state agencies have in addition to those that are distributed by consolidated technology services so that the total count, type of license, and cost is known for statewide Microsoft 365 licenses.
(11)(a) The statewide information technology dashboard elements must include, at a minimum, the:
(i) Start date of the project;
(ii) End date of the project, when the project will close out and implementation will commence;
(iii) Term of the project in state fiscal years across all biennia to reflect the start of the project through the end of the project;
(iv) Total project cost from start date through the end date of the project in total dollars, and a subtotal of near general fund outlook;
(v) Near general fund outlook budget and actual spending in total dollars and by fiscal month for central service agencies that bill out project costs;
(vi) Start date of maintenance and operations;
(vii) Estimated annual state fiscal year cost of maintenance and operations after implementation and close out;
(viii) Actual spending by state fiscal year and in total for state fiscal years that have closed;
(ix) Date a feasibility study was completed; and
(x) A list of funding received by fiscal year by enacted session law, and how much was received citing chapter law as a list of funding provided by fiscal year.
(b) The office of the chief information officer may recommend additional elements to include but must have agreement with legislative fiscal committees and the office of financial management prior to including additional elements.
(c) The agency must ensure timely posting of project data on the statewide information technology dashboard for at least each project funded in the budget and under oversight to include, at a minimum, posting on the dashboard:
(i) The budget funded level by project for each project under oversight within 30 calendar days of the budget being signed into law;
(ii) The project historical expenditures through fiscal year 2021, by December 31, 2021, for all projects that started prior to July 1, 2021;
(iii) The project historical expenditures through fiscal year 2022, by December 31, 2022, for all projects that started prior to July 1, 2022; and
(iv) Whether each project has completed a feasibility study.
(12) Within existing resources, consolidated technology services must collaborate with the department of enterprise services on the annual contract report that provides information technology contract information. Consolidated technology services will:
(a) Provide Apptio data to the department of enterprise services annually beginning September 1, 2021, and each September 1 of each year; and
(b) Provide analysis on contract information for all agencies comparing spending across state fiscal years by, at least, the contract spending towers.
(13) $129,000 of the consolidated technology services revolving account—state appropriation is provided solely for implementation of Second Substitute Senate Bill No. 5062 (data). If the bill is not enacted by June 30, 2021, the amount provided in this subsection shall lapse.
(14) $12,000 of the general fundstate appropriation for fiscal year 2022 is provided solely for the office of the chief information officer who must convene a work group to examine how automated decision making systems can best be reviewed before adoption and while in operation and be periodically audited to ensure that such systems are fair, transparent, accountable and do not improperly advantage or disadvantage Washington residents.
(a) The work group must be composed of:
(i) A representative of the department of children, youth, and families;
(ii) A representative of the department of corrections;
(iii) A representative of the department of social and health services;
(iv) A representative of the department of enterprise services;
(v) At least two representatives from universities or research institutions who are experts in the design and effect of an algorithmic system; and
(vi) At least five representatives from advocacy organizations that represent communities that are disproportionately vulnerable to being harmed by algorithmic bias, including but not limited to, African American, Hispanic American, Native American, and Asian American communities, religious minorities, people with disabilities, and other vulnerable communities.
(b) The purpose of the work group is to develop recommendations for changes in state law and policy regarding the development, procurement, and use of automated decision systems by public agencies. The work group must examine:
(i) When state agency use of automated decision making systems should be prohibited;
(ii) When state agency use of artificial intelligence-enabled profiling systems should be prohibited;
(iii) Changes in the procurement of automated decision systems, including when the procurement must receive prior approval by the office of chief information officer;
(iv) How to review, identify, and audit systems to ensure that the system prior to procurement and after placed into service does not discriminate against an individual, or treat an individual less favorably than another, in whole or in part, on the basis of one or more factors enumerated in RCW 49.60.010;
(v) How to provide public notice when an automated decision system is in use and how to appeal such decisions;
(vi) How automated decision system data should be stored and whether such data should be shared outside the system; and
(vii) Other issues determined by the office of chief information officer or the department of enterprise services that are necessary to govern state agency procurement and use of automated decision systems.
(c) To demonstrate the impacts of its recommendations, the work group must select one of following automated decision making systems and describe how their implementation would affect the procurement of a new system and the use the existing system:
(i) The department of children, youth, and families system used to determine risk in the family child welfare system;
(ii) The department of corrections system used to determine risk for purposes of evaluating early release and/or sentencing; or
(iii) The department of social and health services system used for hospital admissions.
(d) The work group shall meet at least four times, or more frequently to accomplish its work. The office of the chief information officer must lead the work group. Each of the state agencies identified in (a) of this subsection must provide staff support to the work group and its activities.
(e) The work group must submit a report to the fiscal committees of the legislature and the governor no later than December 1, 2021.
(f) For purposes of this subsection, "automated decision system" or "system" means any algorithm, including one incorporating machine learning or other artificial intelligence techniques, that uses data-based analysis or calculations to make or support government decisions, judgments, or conclusions that cause a Washington resident to be treated differently than another Washington resident in the nature or amount of governmental interaction with that individual including, without limitation, benefits, protections, required payments, penalties, regulations, timing, application, or process requirements.
(15) $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)(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) $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.
NEW SECTION.  Sec. 152. FOR THE BOARD OF REGISTRATION OF PROFESSIONAL ENGINEERS AND LAND SURVEYORS
Professional Engineers' AccountState Appropriation
. . . .
$4,190,000
TOTAL APPROPRIATION
. . . .
$4,190,000
NEW SECTION.  Sec. 153. FOR THE LAW ENFORCEMENT OFFICERS' AND FIREFIGHTERS' PLAN 2 RETIREMENT BOARD
Law Enforcement Officers' and Firefighters' Plan 2
Expense Nonappropriated FundState
Appropriation
. . . .
$320,000
TOTAL APPROPRIATION
. . . .
$320,000
The appropriation in this section is subject to the following conditions and limitations: The appropriation in this section is provided solely for an additional full-time equivalent position to staff an ombuds services program. The ombuds services program will provide information and advice and assist members and survivors regarding the benefits and services for which they qualify.
(End of part)
PART II
HUMAN SERVICES
NEW SECTION.  Sec. 201. FOR THE DEPARTMENT OF SOCIAL AND HEALTH SERVICES
(1) The appropriations to the department of social and health services in this act shall be expended for the programs and in the amounts specified in this act. Appropriations made in this act to the department of social and health services shall initially be allotted as required by this act. Subsequent allotment modifications shall not include transfers of moneys between sections of this act except as expressly provided in this act, nor shall allotment modifications permit moneys that are provided solely for a specified purpose to be used for other than that purpose.
(2) The department of social and health services shall not initiate any services that require expenditure of state general fund moneys unless expressly authorized in this act or other law. The department may seek, receive, and spend, under RCW 43.79.260 through 43.79.282, federal moneys not anticipated in this act as long as the federal funding does not require expenditure of state moneys for the program in excess of amounts anticipated in this act. If the department receives unanticipated unrestricted federal moneys, those moneys shall be spent for services authorized in this act or in any other legislation providing appropriation authority, and an equal amount of appropriated state general fund moneys shall lapse. Upon the lapsing of any moneys under this subsection, the office of financial management shall notify the legislative fiscal committees. As used in this subsection, "unrestricted federal moneys" includes block grants and other funds that federal law does not require to be spent on specifically defined projects or matched on a formula basis by state funds.
(3) The legislature finds that medicaid payment rates, as calculated by the department pursuant to the appropriations in this act, bear a reasonable relationship to the costs incurred by efficiently and economically operated facilities for providing quality services and will be sufficient to enlist enough providers so that care and services are available to the extent that such care and services are available to the general population in the geographic area. The legislature finds that cost reports, payment data from the federal government, historical utilization, economic data, and clinical input constitute reliable data upon which to determine the payment rates.
(4) The department shall to the maximum extent practicable use the same system for delivery of spoken-language interpreter services for social services appointments as the one established for medical appointments in the health care authority. When contracting directly with an individual to deliver spoken language interpreter services, the department shall only contract with language access providers who are working at a location in the state and who are state-certified or state-authorized, except that when such a provider is not available, the department may use a language access provider who meets other certifications or standards deemed to meet state standards, including interpreters in other states.
(5) Information technology projects or investments and proposed projects or investments impacting time capture, payroll and payment processes and systems, eligibility, case management, and authorization systems within the department of social and health services are subject to technical oversight by the office of the chief information officer.
(6)(a) The department shall facilitate enrollment under the medicaid expansion for clients applying for or receiving state funded services from the department and its contractors. Prior to open enrollment, the department shall coordinate with the health care authority to provide referrals to the Washington health benefit exchange for clients that will be ineligible for medicaid.
(b) To facilitate a single point of entry across public and medical assistance programs, and to maximize the use of federal funding, the health care authority, the department of social and health services, and the health benefit exchange will coordinate efforts to expand HealthPlanfinder access to public assistance and medical eligibility staff. The department shall complete medicaid applications in the HealthPlanfinder for households receiving or applying for public assistance benefits.
(7) The health care authority, the health benefit exchange, the department of social and health services, the department of health, and the department of children, youth, and families shall work together within existing resources to establish the health and human services enterprise coalition (the coalition). The coalition, led by the health care authority, must be a multi-organization collaborative that provides strategic direction and federal funding guidance for projects that have cross-organizational or enterprise impact, including information technology projects that affect organizations within the coalition. The office of the chief information officer shall maintain a statewide perspective when collaborating with the coalition to ensure that projects are planned for in a manner that ensures the efficient use of state resources and maximizes federal financial participation. The work of the coalition is subject to the conditions, limitations, and review provided in section 701 of this act.
NEW SECTION.  Sec. 202. FOR THE DEPARTMENT OF SOCIAL AND HEALTH SERVICESMENTAL HEALTH PROGRAM
(1) INSTITUTIONAL SERVICES
General FundState Appropriation (FY 2022)
. . . .
$435,890,000
General FundState Appropriation (FY 2023)
. . . .
$436,264,000
General FundFederal Appropriation
. . . .
$142,531,000
General FundPrivate/Local Appropriation
. . . .
$21,540,000
TOTAL APPROPRIATION
. . . .
$1,036,225,000
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 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 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, 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. The outcomes section should include tracking data on facility-wide metrics related to patient and staff safety as well as individual outcomes related to the patients served on the unit.
(m) $2,593,000 of the general fundstate appropriation for fiscal year 2022 and $2,593,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for the department to increase services to patients found not guilty by reason of insanity under the Ross v. Laswhay settlement agreement.
(n) Within the amounts provided in this subsection, the department must develop and submit an annual state hospital performance report for eastern and western state hospitals. Each measure included in the performance report must include baseline performance data, agency performance targets, and performance for the most recent fiscal year. The performance report must include a one page dashboard as well as charts for each fiscal and quality of care measure broken out by hospital and including but not limited to (i) monthly FTE expenditures compared to allotments; (ii) monthly dollar expenditures compared to allotments; (iii) monthly FTE expenditures per thousand patient bed days; (iv) monthly dollar expenditures per thousand patient bed days; (v) percentage of FTE expenditures for overtime; (vi) average length of stay by category of patient; (vii) average monthly civil wait list; (viii) average monthly forensic wait list; (ix) rate of staff assaults per thousand patient bed days; (x) rate of patient assaults per thousand patient bed days; (xi) average number of days to release after a patient has been determined to be clinically ready for discharge; and (xii) average monthly vacancy rates for key clinical positions. The department must submit the state hospital performance report to the office of financial management and the appropriate committees of the legislature by the first day of each December of the biennium.
(o) $3,846,000 of the general fundstate appropriation for fiscal year 2022, $3,846,000 of the general fundstate appropriation for fiscal year 2023, and $7,692,000 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 of the general fundstate appropriation for fiscal year 2023 and $2,941,000 of the general fundfederal appropriation are 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.
(2) PROGRAM SUPPORT
General FundState Appropriation (FY 2022)
. . . .
$5,936,000
General FundState Appropriation (FY 2023)
. . . .
$5,929,000
General FundFederal Appropriation
. . . .
$366,000
TOTAL APPROPRIATION
. . . .
$12,231,000
NEW SECTION.  Sec. 203. FOR THE DEPARTMENT OF SOCIAL AND HEALTH SERVICESDEVELOPMENTAL DISABILITIES PROGRAM
(1) COMMUNITY SERVICES
General FundState Appropriation (FY 2022)
. . . .
$747,646,000
General FundState Appropriation (FY 2023)
. . . .
$948,278,000
General FundFederal Appropriation
. . . .
$2,086,801,000
General FundPrivate/Local Appropriation
. . . .
$4,058,000
Developmental Disabilities Community Services
AccountState Appropriation
. . . .
$52,000,000
TOTAL APPROPRIATION
. . . .
$3,838,783,000
The appropriations in this subsection are subject to the following conditions and limitations:
(a) Individuals receiving services as supplemental security income (SSI) state supplemental payments may not become eligible for medical assistance under RCW 74.09.510 due solely to the receipt of SSI state supplemental payments.
(b) In accordance with RCW 18.51.050, 18.20.050, 70.128.060, and 43.135.055, the department is authorized to increase nursing facility, assisted living facility, and adult family home fees as necessary to fully support the actual costs of conducting the licensure, inspection, and regulatory programs. The license fees may not exceed the department's annual licensing and oversight activity costs and shall include the department's cost of paying providers for the amount of the license fee attributed to medicaid clients.
(i) The current annual renewal license fee for adult family homes is $225 per bed beginning in fiscal year 2022 and $225 per bed beginning in fiscal year 2023. A processing fee of $2,750 must be charged to each adult family home when the home is initially licensed. This fee is nonrefundable. A processing fee of $700 must be charged when adult family home providers file a change of ownership application.
(ii) The current annual renewal license fee for assisted living facilities is $116 per bed beginning in fiscal year 2022 and $116 per bed beginning in fiscal year 2023.
(iii) The current annual renewal license fee for nursing facilities is $359 per bed beginning in fiscal year 2022 and $359 per bed beginning in fiscal year 2023.
(c) $2,648,000 of the general fundstate appropriation for fiscal year 2022, $8,946,000 of the general fundstate appropriation for fiscal year 2023, and $16,665,000 of the general fundfederal appropriation are provided solely for the implementation of the agreement reached between the governor and the service employees international union healthcare 775nw under the provisions of chapters 74.39A and 41.56 RCW for the 2021-2023 fiscal biennium, as provided in section 946 of this act.
(d) $291,000 of the general fundstate appropriation for fiscal year 2022, $992,000 of the general fundstate appropriation for fiscal year 2023, and $1,844,000 of the general fundfederal appropriation are provided solely for the homecare agency parity impacts of the agreement between the governor and the service employees international union healthcare 775nw.
(e) $540,000 of the general fundstate appropriation for fiscal year 2022, $860,000 of the general fundstate appropriation for fiscal year 2023, and $1,881,000 of the general fundfederal appropriation are provided solely for the implementation of an agreement reached between the governor and the adult family home council under the provisions of chapter 41.56 RCW for the 2021-2023 fiscal biennium, as provided in section 948 of this act.
(f) The department may authorize a one-time waiver of all or any portion of the licensing and processing fees required under RCW 70.128.060 in any case in which the department determines that an adult family home is being relicensed because of exceptional circumstances, such as death or incapacity of a provider, and that to require the full payment of the licensing and processing fees would present a hardship to the applicant. In these situations the department is also granted the authority to waive the required residential administrator training for a period of 120 days if necessary to ensure continuity of care during the relicensing process.
(g) Community residential cost reports that are submitted by or on behalf of contracted agency providers are required to include information about agency staffing including health insurance, wages, number of positions, and turnover.
(h) Sufficient appropriations are provided to continue community alternative placement beds that prioritize the transition of clients who are ready for discharge from the state psychiatric hospitals, but who have additional long-term care or developmental disability needs.
(i) Community alternative placement beds include enhanced service facility beds, adult family home beds, skilled nursing facility beds, shared supportive housing beds, state operated living alternative beds, and assisted living facility beds.
(ii) Each client must receive an individualized assessment prior to leaving one of the state psychiatric hospitals. The individualized assessment must identify and authorize personal care, nursing care, behavioral health stabilization, physical therapy, or other necessary services to meet the unique needs of each client. It is the expectation that, in most cases, staffing ratios in all community alternative placement options described in (h)(i) of this subsection will need to increase to meet the needs of clients leaving the state psychiatric hospitals. If specialized training is necessary to meet the needs of a client before he or she enters a community placement, then the person centered service plan must also identify and authorize this training.
(iii) When reviewing placement options, the department must consider the safety of other residents, as well as the safety of staff, in a facility. An initial evaluation of each placement, including any documented safety concerns, must occur within thirty days of a client leaving one of the state psychiatric hospitals and entering one of the community placement options described in (h)(i) of this subsection. At a minimum, the department must perform two additional evaluations of each placement during the first year that a client has lived in the facility.
(iv) In developing bed capacity, the department shall consider the complex needs of individuals waiting for discharge from the state psychiatric hospitals.
(i) Sufficient appropriations are provided for discharge case managers stationed at the state psychiatric hospitals. Discharge case managers will transition clients ready for hospital discharge into less restrictive alternative community placements. The transition of clients ready for discharge will free up bed capacity at the state psychiatric hospitals.
(j) $4,000 of the general fundstate appropriation for fiscal year 2022, $17,000 of the general fundstate appropriation for fiscal year 2023, and $23,000 of the general fundfederal appropriation are provided solely for a cost of living adjustment to the personal needs allowance pursuant to RCW 74.09.340.
(k) The department will work with the health care authority and Washington state's managed care organizations to establish recommendations for clients who live in the community to access the developmental disabilities administration's facility-based professionals to receive care covered under the state plan. If feasible, these recommendations should detail how to enable facility-based professionals to deliver services at mobile or brick-and-mortar clinical settings in the community. The department must submit its recommendations to the appropriate legislative committees no later than December 1, 2021.
(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 of the general fundstate appropriation for fiscal year 2022 and $46,342,000 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) $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):
(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) Appropriations provided in this section are sufficient to implement Substitute Senate Bill No. 5258 (consumer directed employers).
(aa) $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.
(2) INSTITUTIONAL SERVICES
General FundState Appropriation (FY 2022)
. . . .
$115,635,000
General FundState Appropriation (FY 2023)
. . . .
$125,463,000
General FundFederal Appropriation
. . . .
$241,480,000
General FundPrivate/Local Appropriation
. . . .
$27,043,000
TOTAL APPROPRIATION
. . . .
$509,621,000
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.
(3) PROGRAM SUPPORT
General FundState Appropriation (FY 2022)
. . . .
$2,639,000
General FundState Appropriation (FY 2023)
. . . .
$2,688,000
General FundFederal Appropriation
. . . .
$3,192,000
TOTAL APPROPRIATION
. . . .
$8,519,000
(4) SPECIAL PROJECTS
General FundState Appropriation (FY 2022)
. . . .
$61,000
General FundState Appropriation (FY 2023)
. . . .
$61,000
General FundFederal Appropriation
. . . .
$1,090,000
TOTAL APPROPRIATION
. . . .
$1,212,000
NEW SECTION.  Sec. 204. FOR THE DEPARTMENT OF SOCIAL AND HEALTH SERVICESAGING AND ADULT SERVICES PROGRAM
General FundState Appropriation (FY 2022)
. . . .
$1,422,098,000
General FundState Appropriation (FY 2023)
. . . .
$1,783,367,000
General FundFederal Appropriation
. . . .
$4,517,927,000
General FundPrivate/Local Appropriation
. . . .
$37,804,000
Traumatic Brain Injury AccountState Appropriation
. . . .
$4,544,000
Skilled Nursing Facility Safety Net Trust Account
State Appropriation
. . . .
$133,360,000
Long-Term Services and Supports Trust AccountState
Appropriation
. . . .
$10,873,000
TOTAL APPROPRIATION
. . . .
$7,909,973,000
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) $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.
(5) $1,941,000 of the general fundstate appropriation for fiscal year 2022, $6,439,000 of the general fundstate appropriation for fiscal year 2023, and $12,064,000 of the general fundfederal appropriation are provided solely for the homecare agency parity impacts of the agreement between the governor and the service employees international union healthcare 775nw.
(6) The department may authorize a one-time waiver of all or any portion of the licensing and processing fees required under RCW 70.128.060 in any case in which the department determines that an adult family home is being relicensed because of exceptional circumstances, such as death or incapacity of a provider, and that to require the full payment of the licensing and processing fees would present a hardship to the applicant. In these situations the department is also granted the authority to waive the required residential administrator training for a period of 120 days if necessary to ensure continuity of care during the relicensing process.
(7) In accordance with RCW 18.390.030, the biennial registration fee for continuing care retirement communities shall be $900 for each facility.
(8) Within amounts appropriated in this subsection, the department shall assist the legislature to continue the work of the joint legislative executive committee on planning for aging and disability issues.
(a) A joint legislative executive committee on aging and disability is continued, with members as provided in this subsection.
(i) Four members of the senate, with the leaders of the two largest caucuses each appointing two members, and four members of the house of representatives, with the leaders of the two largest caucuses each appointing two members;
(ii) A member from the office of the governor, appointed by the governor;
(iii) The secretary of the department of social and health services or his or her designee;
(iv) The director of the health care authority or his or her designee;
(v) A member from disability rights Washington and a member from the office of long-term care ombuds;
(vi) The insurance commissioner or his or her designee, who shall serve as an ex officio member; and
(vii) Other agency directors or designees as necessary.
(b) The committee must make recommendations and continue to identify key strategic actions to prepare for the aging of the population in Washington 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 described in initiative 2 of the medicaid transformation demonstration waiver under healthier Washington. This initiative will be funded by the health care authority with the medicaid quality improvement program. The secretary in collaboration with the director of the health care authority shall report to the office of financial management all of the expenditures of this subsection and shall provide such fiscal data in the time, manner, and form requested. The department shall not increase general fundstate expenditures on this initiative.
(12) $3,378,000 of the general fundstate appropriation for fiscal year 2022, $5,561,000 of the general fundstate appropriation for fiscal year 2023, and $11,980,000 of the general fundfederal appropriation are provided solely for the implementation of an agreement reached between the governor and the adult family home council under the provisions of chapter 41.56 RCW for the 2021-2023 fiscal biennium, as provided in section 948 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 of the general fundstate appropriation for fiscal year 2022 and $101,715,000 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) $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) 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) 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) $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) $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) 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) $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 of the general fundstate appropriation for fiscal year 2022, $11,477,000 of the general fundstate appropriation for fiscal year 2023, and $23,946,000 of the general fundfederal appropriation are provided solely for nursing home services and emergent building costs at the transitional care center of Seattle. No later than December 1, 2022, the department must submit to the appropriate fiscal committees of the legislature a report that includes, but is not limited to:
(a) An itemization of the costs associated with providing direct care services to residents and managing and caring for the facility; and
(b) An examination of the impacts of this facility on clients and providers of the long-term care and medical care sectors of the state that includes, but is not limited to:
(i) An analysis of areas that have realized cost containment or savings as a result of this facility;
(ii) A comparison of individuals transitioned from hospitals to this facility compared to other skilled nursing facilities over the same period of time; and
(iii) Impacts of this facility on lengths of stay in acute care hospitals, other skilled nursing facility, and transitions to home and community-based settings.
(35) $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) $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) $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) 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) $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) $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) Appropriations provided in this section are sufficient to implement Substitute Senate Bill No. 5258 (consumer directed employers).
(42) $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) $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) $15,000 of the general fundstate appropriation for fiscal year 2022, $51,000 of the general fundstate appropriation for fiscal year 2023, and $32,000 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.
NEW SECTION.  Sec. 205. FOR THE DEPARTMENT OF SOCIAL AND HEALTH SERVICESECONOMIC SERVICES PROGRAM
General FundState Appropriation (FY 2022)
. . . .
$414,105,000
General FundState Appropriation (FY 2023)
. . . .
$420,792,000
General FundFederal Appropriation
. . . .
$1,528,996,000
General FundPrivate/Local Appropriation
. . . .
$5,274,000
Domestic Violence Prevention AccountState
Appropriation
. . . .
$2,404,000
Coronavirus State Fiscal Recovery FundFederal
Appropriation
. . . .
$345,399,000
TOTAL APPROPRIATION
. . . .
$2,716,970,000
The appropriations in this section are subject to the following conditions and limitations:
(1)(a) $118,168,000 of the general fund—state appropriation for fiscal year 2022, $119,846,000 of the general fund—state appropriation for fiscal year 2023, and $859,678,000 of the general fundfederal appropriation are provided solely for all components of the WorkFirst program. Within the amounts provided for the WorkFirst program, the department may provide assistance using state-only funds for families eligible for temporary assistance for needy families. The department must create a WorkFirst budget structure that allows for transparent tracking of budget units and subunits of expenditures where these units and subunits are mutually exclusive from other department budget units. The budget structure must include budget units for the following: Cash assistance, child care, WorkFirst activities, and administration of the program. Within these budget units, the department must develop program index codes for specific activities and develop allotments and track expenditures using these codes. The department shall report to the office of financial management and the relevant fiscal and policy committees of the legislature prior to adopting a structure change.
(b) $386,329,000 of the amounts in (a) of this subsection is for assistance to clients, including grants, diversion cash assistance, and additional diversion emergency assistance including but not limited to assistance authorized under RCW 74.08A.210. The department may use state funds to provide support to working families that are eligible for temporary assistance for needy families but otherwise not receiving cash assistance. Of the amounts provided in this subsection (1)(b):
(i) $10,914,000 of the general fundstate appropriation for fiscal year 2022, $14,104,000 of the general fundstate appropriation for fiscal year 2023, and $27,226,000 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.
(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 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.
(g)(i) The department shall submit quarterly expenditure reports to the governor, the fiscal committees of the legislature, and the legislative WorkFirst poverty reduction oversight task force under RCW 74.08A.341. In addition to these requirements, the department must detail any fund transfers across budget units identified in (a) through (e) of this subsection. The department shall not initiate any services that require expenditure of state general fund moneys that are not consistent with policies established by the legislature.
(ii) The department may transfer up to ten percent of funding between budget units identified in (b) through (f) of this subsection. The department shall provide notification prior to any transfer to the office of financial management and to the appropriate legislative committees and the legislative-executive WorkFirst poverty reduction oversight task force. The approval of the director of financial management is required prior to any transfer under this subsection.
(h) Each calendar quarter, the department shall provide a maintenance of effort and participation rate tracking report for temporary assistance for needy families to the office of financial management, the appropriate policy and fiscal committees of the legislature, and the legislative-executive WorkFirst poverty reduction oversight task force. The report must detail the following information for temporary assistance for needy families:
(i) An overview of federal rules related to maintenance of effort, excess maintenance of effort, participation rates for temporary assistance for needy families, and the child care development fund as it pertains to maintenance of effort and participation rates;
(ii) Countable maintenance of effort and excess maintenance of effort, by source, provided for the previous federal fiscal year;
(iii) Countable maintenance of effort and excess maintenance of effort, by source, for the current fiscal year, including changes in countable maintenance of effort from the previous year;
(iv) The status of reportable federal participation rate requirements, including any impact of excess maintenance of effort on participation targets;
(v) Potential new sources of maintenance of effort and progress to obtain additional maintenance of effort;
(vi) A two-year projection for meeting federal block grant and contingency fund maintenance of effort, participation targets, and future reportable federal participation rate requirements; and
(vii) Proposed and enacted federal law changes affecting maintenance of effort or the participation rate, what impact these changes have on Washington's temporary assistance for needy families program, and the department's plan to comply with these changes.
(i) In the 2021-2023 fiscal biennium, it is the intent of the legislature to provide appropriations from the state general fund for the purposes of (a) of this subsection if the department does not receive additional federal temporary assistance for needy families contingency funds in each fiscal year as assumed in the budget outlook.
(2) $2,545,000 of the general fundstate appropriation for fiscal year 2022 and $2,546,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for naturalization services.
(3) $2,366,000 of the general fundstate appropriation for fiscal year 2022 is provided solely for employment services for refugees and immigrants, of which $1,774,000 is provided solely for the department to pass through to statewide refugee and immigrant assistance organizations for limited English proficiency pathway services; and $2,366,000 of the general fundstate appropriation for fiscal year 2023 is provided solely for employment services for refugees and immigrants, of which $1,774,000 is provided solely for the department to pass through to statewide refugee and immigrant assistance organizations for limited English proficiency pathway services.
(4) On January 1, 2022, and January 1, 2023, the department must report to the governor and the legislature on all sources of funding available for both refugee and immigrant services and naturalization services during the current fiscal year and the amounts expended to date by service type and funding source. The report must also include the number of clients served and outcome data for the clients.
(5) To ensure expenditures remain within available funds appropriated in this section, the legislature establishes the benefit under the state food assistance program, pursuant to RCW 74.08A.120, to be one hundred percent of the federal supplemental nutrition assistance program benefit amount.
(6) The department shall review clients receiving services through the aged, blind, or disabled assistance program, to determine whether they would benefit from assistance in becoming naturalized citizens, and thus be eligible to receive federal supplemental security income benefits. Those cases shall be given high priority for naturalization funding through the department.
(7) The department shall continue the interagency agreement with the department of veterans' affairs to establish a process for referral of veterans who may be eligible for veterans' services. This agreement must include out-stationing department of veterans' affairs staff in selected community service office locations in King and Pierce counties to facilitate applications for veterans' services.
(8) $1,500,000 of the general fundstate appropriation for fiscal year 2022 and $1,500,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for operational support of the Washington information network 211 organization.
(9) $609,000 of the general fundstate appropriation for fiscal year 2022 and $380,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for the implementation of section 2, chapter 9, Laws of 2021 (SHB 1151) (public assistance), a state-funded cash benefit program and transitional food assistance program for households with children that are recipients of the supplemental nutrition assistance program of the food assistance program but are not recipients of the temporary assistance for needy families program.
(10) $377,000 of the general fundstate appropriation for fiscal year 2022 and $377,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for the consolidated emergency assistance program.
(11) $77,000 of the general fundstate appropriation for fiscal year 2022 is provided solely for the department to conduct a study, jointly with the poverty reduction work group, on the feasibility of implementing a universal basic income pilot program. The study must include research of other universal basic income programs, recommendations for a pilot in Washington, a cost-benefit analysis, operational costs, and an implementation plan that includes a strategy to ensure pilot participants who voluntarily quit a public assistance program to enroll in the universal basic income pilot will not experience gaps in service upon completion of the pilot. The department shall submit recommendations required by this section to the governor and appropriate legislative committees no later than June 1, 2022.
(12) $251,000 of the general fundstate appropriation for fiscal year 2022 is provided solely for costs in state fiscal year 2022 that are associated with the temporary suspension of mid-certification reviews and extension of the eligibility review between November 2020 and June 2021 for the aged, blind, or disabled program.
(13) $388,000 of the general fundstate appropriation for fiscal year 2022 is provided solely for costs in fiscal year 2022 that are associated with the temporary suspension of mid-certification reviews and extension of the eligibility review between November 2020 and June 2021 for the food assistance program.
(14) $5,399,000 of the coronavirus state fiscal recovery accountfederal appropriation is provided solely for the department to increase benefits for the food assistance program to maintain parity with benefits provided under the supplemental nutrition assistance program, for the period of July 1, 2021, through September 30, 2021.
(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 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.
NEW SECTION.  Sec. 206. FOR THE DEPARTMENT OF SOCIAL AND HEALTH SERVICESVOCATIONAL REHABILITATION PROGRAM
General FundState Appropriation (FY 2022)
. . . .
$16,231,000
General FundState Appropriation (FY 2023)
. . . .
$16,456,000
General FundFederal Appropriation
. . . .
$109,595,000
TOTAL APPROPRIATION
. . . .
$142,282,000
The appropriations in this section are subject to the following conditions and limitations: $40,000 of the general fundstate appropriation for fiscal year 2022 and $40,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for implementation of Second Substitute House Bill No. 1061 (child welfare/dev disability). If the bill is not enacted by June 30, 2021, the amounts provided in this subsection shall lapse.
NEW SECTION.  Sec. 207. FOR THE DEPARTMENT OF SOCIAL AND HEALTH SERVICESSPECIAL COMMITMENT PROGRAM
General FundState Appropriation (FY 2022)
. . . .
$63,650,000
General FundState Appropriation (FY 2023)
. . . .
$61,748,000
TOTAL APPROPRIATION
. . . .
$125,398,000
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.
NEW SECTION.  Sec. 208. FOR THE DEPARTMENT OF SOCIAL AND HEALTH SERVICESADMINISTRATION AND SUPPORTING SERVICES PROGRAM
General FundState Appropriation (FY 2022)
. . . .
$39,381,000
General FundState Appropriation (FY 2023)
. . . .
$39,035,000
General FundFederal Appropriation
. . . .
$51,371,000
TOTAL APPROPRIATION
. . . .
$129,787,000
The appropriations in this section are subject to the following conditions and limitations:
(1) Within amounts appropriated in this section, the department shall provide to the department of health, where available, the following data for all nutrition assistance programs funded by the United States department of agriculture and administered by the department. The department must provide the report for the preceding federal fiscal year by February 1, 2022, and February 1, 2023. The report must provide:
(a) The number of people in Washington who are eligible for the program;
(b) The number of people in Washington who participated in the program;
(c) The average annual participation rate in the program;
(d) Participation rates by geographic distribution; and
(e) The annual federal funding of the program in Washington.
(2) $3,000 of the general fundstate appropriation for fiscal year 2022, $5,000 of the general fundstate appropriation for fiscal year 2023, and $8,000 of the general fundfederal appropriation are provided solely for the implementation of an agreement reached between the governor and the Washington federation of state employees for the language access providers under the provisions of chapter 41.56 RCW for the 2021-2023 fiscal biennium.
(3) 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.
NEW SECTION.  Sec. 209. FOR THE DEPARTMENT OF SOCIAL AND HEALTH SERVICESPAYMENTS TO OTHER AGENCIES PROGRAM
General FundState Appropriation (FY 2022)
. . . .
$65,743,000
General FundState Appropriation (FY 2023)
. . . .
$56,529,000
General FundFederal Appropriation
. . . .
$53,229,000
TOTAL APPROPRIATION
. . . .
$175,501,000
The appropriations in this section are subject to the following conditions and limitations: Within the amounts appropriated in this section, the department must extend master property insurance to all buildings owned by the department valued over $250,000 and to all locations leased by the department with contents valued over $250,000.
NEW SECTION.  Sec. 210. FOR THE STATE HEALTH CARE AUTHORITY
(1)(a) During the 2021-2023 fiscal biennium, the health care authority shall provide support and data as required by the office of the state actuary in providing the legislature with health care actuarial analysis, including providing any information in the possession of the health care authority or available to the health care authority through contracts with providers, plans, insurers, consultants, or any other entities contracting with the health care authority.
(b) Information technology projects or investments and proposed projects or investments impacting time capture, payroll and payment processes and systems, eligibility, case management, and authorization systems within the health care authority are subject to technical oversight by the office of the chief information officer.
(2) The health care authority shall not initiate any services that require expenditure of state general fund moneys unless expressly authorized in this act or other law. The health care authority may seek, receive, and spend, under RCW 43.79.260 through 43.79.282, federal moneys not anticipated in this act as long as the federal funding does not require expenditure of state moneys for the program in excess of amounts anticipated in this act. If the health care authority receives unanticipated unrestricted federal moneys, those moneys shall be spent for services authorized in this act or in any other legislation providing appropriation authority, and an equal amount of appropriated state general fund moneys shall lapse. Upon the lapsing of any moneys under this subsection, the office of financial management shall notify the legislative fiscal committees. As used in this subsection, "unrestricted federal moneys" includes block grants and other funds that federal law does not require to be spent on specifically defined projects or matched on a formula basis by state funds.
(3)(a) The health care authority, the health benefit exchange, the department of social and health services, the department of health, and the department of children, youth, and families shall work together within existing resources to establish the health and human services enterprise coalition (the coalition). The coalition, led by the health care authority, must be a multi-organization collaborative that provides strategic direction and federal funding guidance for projects that have cross-organizational or enterprise impact, including information technology projects that affect organizations within the coalition. The office of the chief information officer shall maintain a statewide perspective when collaborating with the coalition to ensure that projects are planned for in a manner that ensures the efficient use of state resources and maximizes federal financial participation. The work of the coalition and any project identified as a coalition project is subject to the conditions, limitations, and review provided in section 701 of this act.
(b) The health care authority must submit a report on November 1, 2021, and annually thereafter, to the fiscal committees of the legislature. The report must include, at a minimum:
(i) A list of active coalition projects as of July 1st of the fiscal year. This must include all current and ongoing coalition projects, which coalition agencies are involved in these projects, and the funding being expended on each project, including in-kind funding. For each project, the report must include which federal requirements each coalition project is working to satisfy, and when each project is anticipated to satisfy those requirements; and
(ii) A list of coalition projects that are planned in the current and following fiscal year. This must include which coalition agencies are involved in these projects, including the anticipated in-kind funding by agency, and if a budget request will be submitted for funding. This must reflect all funding required by fiscal year and by fund source and include the budget outlook period.
NEW SECTION.  Sec. 211. FOR THE STATE HEALTH CARE AUTHORITYMEDICAL ASSISTANCE
General FundState Appropriation (FY 2022)
. . . .
$2,516,277,000
General FundState Appropriation (FY 2023)
. . . .
$2,439,933,000
General FundFederal Appropriation
. . . .
$13,199,214,000
General FundPrivate/Local Appropriation
. . . .
$355,726,000
Emergency Medical Services and Trauma Care Systems
Trust AccountState Appropriation
. . . .
$15,086,000
Hospital Safety Net Assessment AccountState
Appropriation
. . . .
$723,238,000
Dedicated Marijuana AccountState Appropriation
(FY 2022)
. . . .
$24,511,000
Dedicated Marijuana AccountState Appropriation
(FY 2023)
. . . .
$25,182,000
Medical Aid AccountState Appropriation
. . . .
$540,000
Telebehavioral Health Access AccountState
Appropriation
. . . .
$7,714,000
Coronavirus State Fiscal Recovery FundFederal
Appropriation
. . . .
$35,000,000
TOTAL APPROPRIATION
. . . .
$19,342,421,000
The appropriations in this section are subject to the following conditions and limitations:
(1) The authority shall not accept or expend any federal funds received under a medicaid transformation waiver under healthier Washington except as described in subsections (2), (3), and (4) of this section until specifically approved and appropriated by the legislature. To ensure compliance with legislative directive budget requirements and terms and conditions of the waiver, the authority shall implement the waiver and reporting requirements with oversight from the office of financial management. The legislature finds that appropriate management of the innovation waiver requires better analytic capability, transparency, consistency, timeliness, accuracy, and lack of redundancy with other established measures and that the patient must be considered first and foremost in the implementation and execution of the demonstration waiver. In order to effectuate these goals, the authority shall: (a) Require the Dr. Robert Bree collaborative and the health technology assessment program to reduce the administrative burden upon providers by only requiring performance measures that are nonduplicative of other nationally established measures. The joint select committee on health care oversight will evaluate the measures chosen by the collaborative and the health technology assessment program for effectiveness and appropriateness; (b) develop a patient satisfaction survey with the goal to gather information about whether it was beneficial for the patient to use the center of excellence location in exchange for additional out-of-pocket savings; (c) ensure patients and health care providers have significant input into the implementation of the demonstration waiver, in order to ensure improved patient health outcomes; and (d) in cooperation with the department of social and health services, consult with and provide notification of work on applications for federal waivers, including details on waiver duration, financial implications, and potential future impacts on the state budget, to the joint select committee on health care oversight prior to submitting waivers for federal approval. The authority shall submit an application to the centers for medicaid and medicare services to extend the duration of the medicaid transformation waiver under healthier Washington as described in subsections (2), (3), and (4) of this section by one year. If not extended, by federal standard, the medicaid transformation demonstration waiver shall not exceed the duration originally granted by the centers for medicare and medicaid services and any programs created or funded by this waiver do not create an entitlement.
(2)(a) No more than $63,052,000 of the general fundfederal appropriation and no more than $50,840,000 of the general fundlocal appropriation may be expended for transformation through accountable communities of health described in initiative 1 of the medicaid transformation demonstration wavier under healthier Washington, including preventing youth drug use, opioid prevention and treatment, and physical and behavioral health integration. Under this initiative, the authority shall take into account local input regarding community needs. In order to ensure transparency to the appropriate fiscal committees of the legislature, the authority shall provide fiscal staff of the legislature query ability into any database of the fiscal intermediary that authority staff would be authorized to access. The authority shall not increase general fundstate expenditures under this initiative. The director shall also report to the fiscal committees of the legislature all of the expenditures under this subsection and shall provide such fiscal data in the time, manner, and form requested by the legislative fiscal committees.
(b) No more than $243,047,000 of the general fund—federal appropriation and no more than $99,274,000 of the general fund—private/local appropriation may be expended for the medicaid quality improvement program. Under federal regulations, the medicaid quality improvement program is authorized and allows states to design quality improvement programs for the medicaid population in ways that support the state's quality goals. Medicaid quality improvement program payments will not count against the medicaid transformation demonstration waiver spending limits and are excluded from the waiver's budget neutrality calculation. Apple health managed care organizations and their partnering providers will receive medicaid quality improvement program payments as they meet designated milestones. Partnering providers and apple health managed care organizations will work together to achieve medicaid quality improvement program goals according to the performance period timelines and reporting deadlines as set forth by the authority. The authority shall only utilize the medicaid quality improvement program to support the transformation waiver and shall not pursue its use for other purposes. Any programs created or funded by the medicaid quality improvement program does not create an entitlement. The authority shall not increase general fund—state, federal, or private/local expenditures under this program. The director shall report to the joint select committee on health care oversight not less than quarterly on financial and health outcomes. The director shall report to the fiscal committees of the legislature all of the expenditures under this subsection and shall provide such fiscal data in the time, manner, and form requested by the legislative fiscal committees.
(3) No more than $26,837,000 of the general fundfederal appropriation and $26,839,000 of the general fundlocal appropriation may be expended for tailored support for older adults and medicaid alternative care described in initiative 2 of the medicaid transformation demonstration waiver under healthier Washington as well as administrative expenses for initiative 3. The authority shall contract and provide funding to the department of social and health services to administer initiative 2. The director in cooperation with the secretary of the department of social and health services shall report to the office of financial management all of the expenditures of this section and shall provide such fiscal data in the time, manner, and form requested. The authority shall not increase general fundstate expenditures on this initiative.
(4) No more than $50,389,000 of the general fundfederal appropriation and no more than $22,862,000 of the general fundlocal appropriation may be expended for supported housing and employment services described in initiative 3a and 3b of the medicaid transformation demonstration waiver under healthier Washington. Under this initiative, the authority and the department of social and health services shall ensure that allowable and necessary services are provided to eligible clients as identified by the department or its third party administrator. The authority shall not increase general fundstate expenditures under this initiative. The director shall report to the joint select committee on health care oversight no less than quarterly on financial and health outcomes. The director shall also report to the fiscal committees of the legislature all of the expenditures of this subsection and shall provide such fiscal data in the time, manner, and form requested by the legislative fiscal committees.
(5) The authority shall submit a plan to preserve the waiver that allows for the full cost of stays in institutions for mental diseases to be included in managed care rates by November 1, 2021, to the appropriate committees of the legislature.
(6) The authority shall submit a plan to preserve the waiver allowing for full federal financial participation for medical clients in mental health facilities classified as institutions for mental diseases by November 1, 2021, to the appropriate committees of the legislature.
(7) Sufficient amounts are appropriated in this subsection to implement the medicaid expansion as defined in the social security act, section 1902(a)(10)(A)(i)(VIII).
(8) The legislature finds that medicaid payment rates, as calculated by the health care authority pursuant to the appropriations in this act, bear a reasonable relationship to the costs incurred by efficiently and economically operated facilities for providing quality services and will be sufficient to enlist enough providers so that care and services are available to the extent that such care and services are available to the general population in the geographic area. The legislature finds that the cost reports, payment data from the federal government, historical utilization, economic data, and clinical input constitute reliable data upon which to determine the payment rates.
(9) Based on quarterly expenditure reports and caseload forecasts, if the health care authority estimates that expenditures for the medical assistance program will exceed the appropriations, the health care authority shall take steps including but not limited to reduction of rates or elimination of optional services to reduce expenditures so that total program costs do not exceed the annual appropriation authority.
(10) In determining financial eligibility for medicaid-funded services, the health care authority is authorized to disregard recoveries by Holocaust survivors of insurance proceeds or other assets, as defined in RCW 48.104.030.
(11) When a person is ineligible for medicaid solely by reason of residence in an institution for mental diseases, the health care authority shall provide the person with the same benefits as he or she would receive if eligible for medicaid, using state-only funds to the extent necessary.
(12) $3,997,000 of the general fund—state appropriation for fiscal year 2022, $4,261,000 of the general fund—state appropriation for fiscal year 2023, and $8,786,000 of the general fund—federal appropriation are provided solely for low-income disproportionate share hospital payments.
(13) Within the amounts appropriated in this section, the health care authority shall provide disproportionate share hospital payments to hospitals that provide services to children in the children's health program who are not eligible for services under Title XIX or XXI of the federal social security act due to their citizenship status.
(14) $7,000,000 of the general fund—federal appropriation is provided solely for supplemental payments to nursing homes operated by public hospital districts. The public hospital district shall be responsible for providing the required nonfederal match for the supplemental payment, and the payments shall not exceed the maximum allowable under federal rules. It is the legislature's intent that the payments shall be supplemental to and shall not in any way offset or reduce the payments calculated and provided in accordance with part E of chapter 74.46 RCW. It is the legislature's further intent that costs otherwise allowable for rate-setting and settlement against payments under chapter 74.46 RCW shall not be disallowed solely because such costs have been paid by revenues retained by the nursing home from these supplemental payments. The supplemental payments are subject to retrospective interim and final cost settlements based on the nursing homes' as-filed and final medicare cost reports. The timing of the interim and final cost settlements shall be at the health care authority's discretion. During either the interim cost settlement or the final cost settlement, the health care authority shall recoup from the public hospital districts the supplemental payments that exceed the medicaid cost limit and/or the medicare upper payment limit. The health care authority shall apply federal rules for identifying the eligible incurred medicaid costs and the medicare upper payment limit.
(15) The health care authority shall continue the inpatient hospital certified public expenditures program for the 2021-2023 fiscal biennium. The program shall apply to all public hospitals, including those owned or operated by the state, except those classified as critical access hospitals or state psychiatric institutions. The health care authority shall submit reports to the governor and legislature by November 1, 2021, and by November 1, 2022, that evaluate whether savings continue to exceed costs for this program. If the certified public expenditures (CPE) program in its current form is no longer cost-effective to maintain, the health care authority shall submit a report to the governor and legislature detailing cost-effective alternative uses of local, state, and federal resources as a replacement for this program. During fiscal year 2022 and fiscal year 2023, hospitals in the program shall be paid and shall retain one hundred percent of the federal portion of the allowable hospital cost for each medicaid inpatient fee-for-service claim payable by medical assistance and one hundred percent of the federal portion of the maximum disproportionate share hospital payment allowable under federal regulations. Inpatient medicaid payments shall be established using an allowable methodology that approximates the cost of claims submitted by the hospitals. Payments made to each hospital in the program in each fiscal year of the biennium shall be compared to a baseline amount. The baseline amount will be determined by the total of (a) the inpatient claim payment amounts that would have been paid during the fiscal year had the hospital not been in the CPE program based on the reimbursement rates developed, implemented, and consistent with policies approved in the 2021-2023 biennial operating appropriations act and in effect on July 1, 2015, (b) one-half of the indigent assistance disproportionate share hospital payment amounts paid to and retained by each hospital during fiscal year 2005, and (c) all of the other disproportionate share hospital payment amounts paid to and retained by each hospital during fiscal year 2005 to the extent the same disproportionate share hospital programs exist in the 2019-2021 fiscal biennium. If payments during the fiscal year exceed the hospital's baseline amount, no additional payments will be made to the hospital except the federal portion of allowable disproportionate share hospital payments for which the hospital can certify allowable match. If payments during the fiscal year are less than the baseline amount, the hospital will be paid a state grant equal to the difference between payments during the fiscal year and the applicable baseline amount. Payment of the state grant shall be made in the applicable fiscal year and distributed in monthly payments. The grants will be recalculated and redistributed as the baseline is updated during the fiscal year. The grant payments are subject to an interim settlement within eleven months after the end of the fiscal year. A final settlement shall be performed. To the extent that either settlement determines that a hospital has received funds in excess of what it would have received as described in this subsection, the hospital must repay the excess amounts to the state when requested. $702,000 of the general fund—state appropriation for fiscal year 2022 and $649,000 of the general fund—state appropriation for fiscal year 2023 are provided solely for state grants for the participating hospitals.
(16) The health care authority shall seek public-private partnerships and federal funds that are or may become available to provide on-going support for outreach and education efforts under the federal children's health insurance program reauthorization act of 2009.
(17) The health care authority shall target funding for maternity support services towards pregnant women with factors that lead to higher rates of poor birth outcomes, including hypertension, a preterm or low birth weight birth in the most recent previous birth, a cognitive deficit or developmental disability, substance abuse, severe mental illness, unhealthy weight or failure to gain weight, tobacco use, or African American or Native American race. The health care authority shall prioritize evidence-based practices for delivery of maternity support services. To the extent practicable, the health care authority shall develop a mechanism to increase federal funding for maternity support services by leveraging local public funding for those services.
(18) The authority shall submit reports to the governor and the legislature by September 15, 2021, and no later than September 15, 2022, that delineate the number of individuals in medicaid managed care, by carrier, age, gender, and eligibility category, receiving preventative services and vaccinations. The reports should include baseline and benchmark information from the previous two fiscal years and should be inclusive of, but not limited to, services recommended under the United States preventative services task force, advisory committee on immunization practices, early and periodic screening, diagnostic, and treatment (EPSDT) guidelines, and other relevant preventative and vaccination medicaid guidelines and requirements.
(19) Managed care contracts must incorporate accountability measures that monitor patient health and improved health outcomes, and shall include an expectation that each patient receive a wellness examination that documents the baseline health status and allows for monitoring of health improvements and outcome measures.
(20) Sufficient amounts are appropriated in this section for the authority to provide an adult dental benefit.
(21) The health care authority shall coordinate with the department of social and health services to provide referrals to the Washington health benefit exchange for clients that will be ineligible for medicaid.
(22) To facilitate a single point of entry across public and medical assistance programs, and to maximize the use of federal funding, the health care authority, the department of social and health services, and the health benefit exchange will coordinate efforts to expand HealthPlanfinder access to public assistance and medical eligibility staff. The health care authority shall complete medicaid applications in the HealthPlanfinder for households receiving or applying for medical assistance benefits.
(23) $90,000 of the general fund—state appropriation for fiscal year 2022, $90,000 of the general fund—state appropriation for fiscal year 2023, and $180,000 of the general fund—federal appropriation are provided solely to continue operation by a nonprofit organization of a toll-free hotline that assists families to learn about and enroll in the apple health for kids program. By November 15, 2022, the authority shall submit a report to the appropriate committees to the legislature that provides, at a minimum, information about the number of calls received by the nonprofit organization in the previous year, the amount of time spent on each call, comparisons to previous years, where available, and information about what data is collected related to this service.
(24) Within the amounts appropriated in this section, the authority shall reimburse for primary care services provided by naturopathic physicians.
(25) Within the amounts appropriated in this section, the authority shall continue to provide coverage for pregnant teens that qualify under existing pregnancy medical programs, but whose eligibility for pregnancy related services would otherwise end due to the application of the new modified adjusted gross income eligibility standard.
(26) Sufficient amounts are appropriated in this section to remove the mental health visit limit and to provide the shingles vaccine and screening, brief intervention, and referral to treatment benefits that are available in the medicaid alternative benefit plan in the classic medicaid benefit plan.
(27) The authority shall use revenue appropriated from the dedicated marijuana fund for contracts with community health centers under RCW 69.50.540 in lieu of general fund—state payments to community health centers for services provided to medical assistance clients, and it is the intent of the legislature that this policy will be continued in subsequent fiscal biennia.
(28) Beginning no later than January 1, 2018, for any service eligible under the medicaid state plan for encounter payments, managed care organizations at the request of a rural health clinic shall pay the full published encounter rate directly to the clinic. At no time will a managed care organization be at risk for or have any right to the supplemental portion of the claim. Payments will be reconciled on at least an annual basis between the managed care organization and the authority, with final review and approval by the authority.
(29) Sufficient amounts are appropriated in this section for the authority to provide a medicaid equivalent adult dental benefit to clients enrolled in the medical care service program.
(30) During the 2021-2023 fiscal biennium, sufficient amounts are provided in this section for the authority to provide services identical to those services covered by the Washington state family planning waiver program as of August 2018 to individuals who:
(a) Are over nineteen years of age;
(b) Are at or below two hundred and sixty percent of the federal poverty level as established in WAC 182-505-0100;
(c) Are not covered by other public or private insurance; and
(d) Need family planning services and are not currently covered by or eligible for another medical assistance program for family planning.
(31) Sufficient amounts are appropriated within this section for the authority to incorporate the expected outcomes and criteria to measure the performance of service coordination organizations as provided in chapter 70.320 RCW into contracts with managed care organizations that provide services to clients. The authority is directed to:
(a) Contract with an external quality improvement organization to annually analyze the performance of managed care organizations providing services to clients under this chapter based on seven performance measures. The analysis required under this subsection must:
(i) Measure managed care performance in four common measures across each managed care organization, including:
(A) At least one common measure must be weighted towards having the potential to impact managed care costs; and
(B) At least one common measure must be weighted towards population health management, as defined by the measure; and
(ii) Measure managed care performance in an additional three quality focus performance measures specific to a managed care organization. Quality focus performance measures chosen by the authority must:
(A) Be chosen from the statewide common measure set;
(B) Reflect specific measures where a managed care organization has poor performance; and
(C) Be substantive and clinically meaningful in promoting health status.
(b) The authority shall set the four common measures to be analyzed across all managed care organizations.
(c) The authority shall set three quality focus performance measures specific to each managed care organization. The authority must determine performance measures for each managed care organization based on the criteria established in (a)(ii) of this subsection.
(d) By September 15, 2021, and annually thereafter, the authority shall notify each managed care organization of the performance measures for the organization for the subsequent plan year.
(e) Two percent of the total plan year funding appropriated to each managed care organization that provides services to clients under chapter 70.320 RCW shall be withheld. At least seventy-five percent of the withhold shall be held contingent on each managed care organization's performance on the seven performance measures identified in this section. Each managed care organization may earn back the annual withhold if the external quality improvement organization finds that the managed care organization:
(i) Made statistically significant improvement in the seven performance measures as compared to the preceding plan year; or
(ii) Scored in the top national medicaid quartile of the performance measures.
(f) The amount of withhold annually paid to each managed care organization shall be proportional to findings of statistically significant improvement or top national medicaid quartile scoring by a managed care organization.
(g) For no more than two of the four quality focus performance measures, the authority may use an alternate methodology to approximate top national medicaid quartile performance where top quartile performance data is unavailable.
(h) For the purposes of this subsection, "external quality improvement organization" means an organization that meets the competence and independence requirements under 42 C.F.R. Sec. 438.354, as it existed on the effective date of this section.
(32)(a) The authority shall ensure that appropriate resources are dedicated to implementing the recommendations of the centers for medicare and medicaid services center for program integrity as provided to the authority in the January 2019 Washington focused program integrity review final report. Additionally, the authority shall:
(i) Work to ensure the efficient operations of the managed care plans, including but not limited to, a deconflicting process for audits with and among the managed care plans and the medicaid fraud division at the attorney general's office, to ensure the authority staff perform central audits of cases that appear across multiple managed care plans, versus the audits performed by the individual managed care plans or the fraud division; 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) No later than December 31, 2021, the health care authority, in partnership with the department of social and health services as described in section 204(16) of this act, shall submit a waiver request to the federal department of health and human services to authorize presumptive medicaid eligibility determinations for clients preparing for acute care hospital discharge who may need long-term services and supports. The department and the authority shall hold stakeholder discussions, including opportunities for public review and comment, during development of the waiver request. Upon submission of the waiver request, the department and the authority shall submit a report to the governor and the appropriate legislative committees that describes the request and identifies any statutory changes that may be necessary if the federal government approves the request.
(34) $2,786,000 of the general fundstate appropriation for fiscal year 2022, $3,714,000 of the general fundstate appropriation for fiscal year 2023, and $11,009,000 of the general fundfederal appropriation are provided solely to maintain and increase access for behavioral health services through increased provider rates. The rate increases are effective October 1, 2021, and must be applied to the following codes for children and adults enrolled in the medicaid program: 90832, 90833, 90834, 90837, H0004, H0036, H2015, H2021, H0023, 90836, 90838, 96156, 96158, 96159, 96164, 96165, 96167, 96168, 96170, 96171, 90845, 90846, 90847, 90849, 90853, 90785, and 90791. The authority may use a substitute code in the event that any of the codes identified in this subsection are discontinued and replaced with an updated code covering the same service. Within the amounts provided in this subsection the authority must:
(a) Implement this rate increase in accordance with the process established in chapter 285, Laws of 2020 (EHB 2584) (behavioral health rates);
(b) Raise the state fee-for-service rates for these codes by up to 15 percent, except that the state medicaid rate may not exceed the published medicare rate or an equivalent relative value unit rate if a published medicare rate is not available;
(c) Require in contracts with managed care organizations that, beginning October 2021, managed care organizations pay no lower than the fee-for-service rate for these codes, and adjust managed care capitation rates accordingly; and
(d) Not duplicate rate increases provided in subsections (35) and (36) of this section.
(35) $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) of this section.
(36) $2,233,000 of the general fundstate appropriation for fiscal year 2022, $2,977,000 of the general fundstate appropriation for fiscal year 2023, and $10,871,000 of the general fundfederal appropriation are provided solely to increase provider rates to maintain and increase access for family planning services for patients seeking services through department of health sexual and reproductive health program family planning providers. The rate increases are effective October 1, 2021, and must be applied to the following codes for eligible apple health and family planning only clients seeking services through department of health sexual and reproductive health program providers: 36415, 36416, 55250, 57170, 58340, 58600, 58605, 58611, 58615, 58670, 58671, 59840, 59841, 59850, 59851, 59852, 59855, 59856, 59857, 76817, 81025, 84702, 84703, 86631, 86632, 86901, 87110, 87270, 87320, 87490, 87491, 87590, 87591, 87624, 87625, 87800, 87810, 88141, 88142, 88143, 88147, 88148, 88150, 88152, 88153, 88164, 88165, 88166, 88167, 88174, 88175, 96372, 99071, 99201, 99202, 99203, 99204, 99211, 99212, 99213, 99214, 99384, 99385, 99386, 99394, 99395, 99396, 99401, and S0199. The authority may use a substitute code if any of the codes identified in this subsection are discontinued and replaced with an updated code covering the same service. Within the amounts provided in this subsection the authority must:
(a) Increase the family planning rates for services that are included on and reimbursed solely at the existing family planning fee schedule on a fee-for-service basis, as well as through managed care plans, by at least 162 percent above family planning fee schedule rates in effect on January 1, 2021;
(b) Pursue state plan amendments to require medicaid managed care organizations to increase rates under this subsection through adoption of a uniform percentage increase for network providers pursuant to 42 C.F.R. Sec. 438.6(c)(1)(iii)(B), as existing on January 1, 2021; and
(c) Not duplicate rate increases provided in subsections (34) and (35) of this section.
(37)(a) Beginning with fiscal year 2020, and for each subsequent year thereafter, the authority shall reconcile on an annual basis with rural health clinics.
(b) Beginning with fiscal year 2020, and for each subsequent year thereafter, the authority shall properly accrue for any anticipated reconciliations with rural health clinics during the fiscal year close process following generally accepted accounting practices.
(38)(a) The authority in collaboration with the office of financial management and representatives from fiscal committees of the legislature shall conduct an evaluation of the APM4 model to determine its cost effectiveness and impact on patient outcomes and report its findings and recommendations to the appropriate committees of the legislature by November 15, 2022.
(b) The authority shall not enter into any future value-based arrangements with federally qualified health centers or rural health clinics prior to receiving approval from the office of financial management and the appropriate committees of the legislature.
(c) The authority shall 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) Within the amounts appropriated in this section, the authority is to include allergen control bed and pillow covers as part of the durable medical equipment benefit for children with an asthma diagnosis enrolled in medical assistance programs.
(40) Within the amounts appropriated in this section, the authority shall reimburse for maternity services provided by doulas.
(41) $60,000 of the general fundstate appropriation for fiscal year 2022 and $60,000 of the general fundfederal appropriation are provided solely for evaluation of the Washington rural health access preservation pilot program.
(42) $160,000 of the general fundstate appropriation for fiscal year 2022 and $1,440,000 of the general fundfederal appropriation are provided solely for health care interoperability costs and are subject to the conditions, limitations, and review provided in section 701 of this act.
(43) $275,000 of the general fundstate appropriation for fiscal year 2022, $160,000 of the general fundstate appropriation for fiscal year 2023, and $3,913,000 of the general fundfederal appropriation are provided solely for modular replacement costs of the ProviderOne pharmacy point of sale system and are subject to the conditions, limitations, and review provided in section 701 of this act.
(44) $484,000 of the general fundstate appropriation for fiscal year 2022 and $466,000 of the general fundstate appropriation for fiscal year 2023 are provided solely to implement Engrossed Second Substitute Senate Bill No. 5399 (universal health care commission). If the bill is not enacted by June 30, 2021, the amounts provided in this subsection shall lapse.
(45) $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) $1,715,000 of the general fundstate appropriation for fiscal year 2022, $1,804,000 of the general fundstate appropriation for fiscal year 2023, and $6,647,000 of the general fundfederal appropriation are provided solely to increase the rates paid to rural hospitals that meet the criteria in (a) through (d) of this subsection. Payments for state and federal medical assistance programs for services provided by such a hospital, regardless of the beneficiary's managed care enrollment status, must be increased to 150 percent of the hospital's fee-for-service rates. The authority must discontinue this rate increase after June 30, 2023, and return to the payment levels and methodology for these hospitals that were in place as of January 1, 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) $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) 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) $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) Within the amounts appropriated in this section, the authority shall extend the oral health connections pilot project in Spokane, Thurston, and Cowlitz counties. The authority shall continue to work in collaboration with a state-based oral health foundation to jointly develop and implement the program. The purpose of the pilot is to test the effect that enhanced dental benefits for medicaid clients with diabetes and pregnant clients have on access to dental care, health outcomes, and medical care costs. The pilot program must continue to include enhanced reimbursement rates for participating dental providers, including denturists licensed under chapter 18.30 RCW, and an increase in the allowable number of periodontal treatments to up to four per calendar year. The authority has the option of extending pilot program eligibility to dually eligible medicaid clients who are diabetic or pregnant and to pregnant medicaid clients under the age of 20. The authority has the option of adjusting the pilot program benefit design and fee schedule based on previous findings, within amounts appropriated in this section. Diabetic or pregnant medicaid clients who are receiving dental care within the pilot regions, regardless of location of the service within the pilot regions, are eligible for the increased number of periodontal treatments. The state-based oral health foundation shall continue to partner with the authority and provide wraparound services to link patients to care. The authority and foundation shall provide a joint report to the appropriate committees of the legislature on October 1, 2021, outlining the findings of the original three-year pilot program, and on December 1, 2022, outlining the progress of the extended pilot program.
(51) $200,000 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).
(52) $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) 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) $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) 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) $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) $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) 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) $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)(a) $35,000,000 of the coronavirus state fiscal recovery accountfederal 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) $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) $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) 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) $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) $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) $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) $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) $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) $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) $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) 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.
NEW SECTION.  Sec. 212. FOR THE STATE HEALTH CARE AUTHORITYPUBLIC EMPLOYEES' BENEFITS BOARD AND EMPLOYEE BENEFITS PROGRAM
State Health Care Authority Administrative Account
State Appropriation
. . . .
$37,403,000
TOTAL APPROPRIATION
. . . .
$37,403,000
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.
(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.
NEW SECTION.  Sec. 213. FOR THE STATE HEALTH CARE AUTHORITYSCHOOL EMPLOYEES' BENEFITS BOARD
School Employees' Insurance Administrative Account
State Appropriation
. . . .
$25,771,000
TOTAL APPROPRIATION
. . . .
$25,771,000
The appropriation in this section is subject to the following conditions and limitations: $15,000 of the school employees' insurance administrative accountstate appropriation is provided solely for a customer service scheduling tool, and is subject to the conditions, limitations, and review requirements of section 701 of this act.
NEW SECTION.  Sec. 214. FOR THE STATE HEALTH CARE AUTHORITYHEALTH BENEFIT EXCHANGE
General FundState Appropriation (FY 2022)
. . . .
$4,831,000
General FundState Appropriation (FY 2023)
. . . .
$4,543,000
General FundFederal Appropriation
. . . .
$83,017,000
Health Benefit Exchange AccountState Appropriation
. . . .
$77,710,000
Health Care Affordability AccountState
Appropriation
. . . .
$50,000,000
TOTAL APPROPRIATION
. . . .
$220,101,000
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 of the general fundfederal appropriation (CRRSA) and $5,095,000 of the general fundfederal appropriation (ARPA) are provided solely for the exchange to implement a health care insurance premium assistance program for employees who work in licensed child care facilities. The general fundfederal appropriation (CRRSA) must be expended by September 30, 2022.
(b) An individual is eligible for the child care premium assistance program for the remainder of the plan year if the individual:
(i) Is an employee working in a licensed child care facility;
(ii) Enrolls in a silver standardized health plan under RCW 43.71.095;
(iii) Prior to January 1, 2023, has income that is less than 300 percent of the federal poverty level;
(iv) Applies for and accepts all federal advance premium tax credits for which he or she may be eligible before receiving any state premium assistance;
(v) Is ineligible for minimum essential coverage through medicare, a federal or state medical assistance program administered by the health care authority under chapter 74.09 RCW, or for premium assistance under RCW 43.71A.020; and
(vi) Meets other eligibility criteria as established by the exchange.
(c) Subject to the availability of amounts provided in this subsection, the exchange shall pay the premium cost for a qualified health plan for an individual who is eligible for the child care premium assistance program under (b) of this subsection.
(d) The exchange may disqualify a participant from the program if the participant:
(i) No longer meets the eligibility criteria in (b) of this subsection;
(ii) Fails, without good cause, to comply with procedural or documentation requirements established by the exchange in accordance with (e) of this subsection;
(iii) Fails, without good cause, to notify the exchange of a change of address in a timely manner;
(iv) Voluntarily withdraws from the program; or
(v) Performs an act, practice, or omission that constitutes fraud, and, as a result, an insurer rescinds the participant's policy for the qualified health plan.
(e) The exchange shall establish:
(i) Procedural requirements for eligibility and continued participation in any premium assistance program under this section, including participant documentation requirements that are necessary to administer the program; and
(ii) Procedural requirements for facilitating payments to and from carriers.
(f) The program must be implemented no later than November 1, 2021.
(g) No later than October 1, 2022, the exchange shall submit a report to the governor and appropriate committees of the legislature on the implementation of the child care premium assistance program including, but not limited to:
(i) The number of individuals participating in the program to date; and
(ii) The actual costs of the program to date, including agency administrative costs.
(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 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.
NEW SECTION.  Sec. 215. FOR THE STATE HEALTH CARE AUTHORITY—COMMUNITY BEHAVIORAL HEALTH PROGRAM
General FundState Appropriation (FY 2022)
. . . .
$667,948,000
General FundState Appropriation (FY 2023)
. . . .
$733,456,000
General FundFederal Appropriation
. . . .
$2,593,457,000
General FundPrivate/Local Appropriation
. . . .
$37,325,000
Criminal Justice Treatment AccountState
Appropriation
. . . .
$21,988,000
Problem Gambling AccountState Appropriation
. . . .
$1,963,000
Dedicated Marijuana AccountState Appropriation
(FY 2022)
. . . .
$28,493,000
Dedicated Marijuana AccountState Appropriation
(FY 2023)
. . . .
$28,493,000
Coronavirus State Fiscal Recovery FundFederal
Appropriation
. . . .
$31,000,000
TOTAL APPROPRIATION
. . . .
$4,144,123,000
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.
(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) $10,424,000 of the general fundstate appropriation for fiscal year 2022, $10,424,000 of the general fundstate appropriation for fiscal year 2023, and $23,444,000 of the general fundfederal appropriation are provided solely for the authority and behavioral health entities to continue to contract for implementation of high-intensity programs for assertive community treatment (PACT) teams. In determining the proportion of medicaid and nonmedicaid funding provided to behavioral health entities with PACT teams, the authority shall consider the differences between behavioral health entities in the percentages of services and other costs associated with the teams that are not reimbursable under medicaid. The authority may allow behavioral health entities which have nonmedicaid reimbursable costs that are higher than the nonmedicaid allocation they receive under this section to supplement these funds with local dollars or funds received under subsection (6) of this section. The authority and behavioral health entities shall maintain consistency with all essential elements of the PACT evidence-based practice model in programs funded under this section.
(5) $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 of the general fundstate appropriation for fiscal year 2022 and $95,066,000 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 of the general fundstate appropriation for fiscal year 2022 and $22,791,000 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) The authority is authorized to continue to contract directly, rather than through contracts with behavioral health entities for children's long-term inpatient facility services.
(8) $1,204,000 of the general fundstate appropriation for fiscal year 2022 and $1,204,000 of the general fundstate appropriation for fiscal year 2023 are provided solely to reimburse Pierce and Spokane counties for the cost of conducting one hundred eighty-day commitment hearings at the state psychiatric hospitals.
(9) Behavioral health entities may use local funds to earn additional federal medicaid match, provided the locally matched rate does not exceed the upper-bound of their federally allowable rate range, and provided that the enhanced funding is used only to provide medicaid state plan or waiver services to medicaid clients. Additionally, behavioral health entities may use a portion of the state funds allocated in accordance with subsection (6) of this section to earn additional medicaid match, but only to the extent that the application of such funds to medicaid services does not diminish the level of crisis and commitment, community inpatient, residential care, and outpatient services presently available to persons not eligible for medicaid.
(10) $2,291,000 of the general fund—state appropriation for fiscal year 2022 and $2,291,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for mental health services for mentally ill offenders while confined in a county or city jail and for facilitating access to programs that offer mental health services upon release from confinement. The authority must collect information from the behavioral health entities on their plan for using these funds, the numbers of individuals served, and the types of services provided and submit a report to the office of financial management and the appropriate fiscal committees of the legislature by December 1st of each year of the biennium.
(11) Within the amounts appropriated in this section, funding is provided for the authority to develop and phase in intensive mental health services for high needs youth consistent with the settlement agreement in T.R. v. Dreyfus and Porter.
(12) The authority must 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) 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) 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) $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) 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) 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) $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) $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) $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) $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)(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)(a) $1,125,000 of the general fundstate appropriation for fiscal year 2022 and $1,125,000 of the general fundstate appropriation for fiscal year 2023 is provided solely for Spokane behavioral health entities to implement services to reduce utilization and the census at eastern state hospital. Such services must include:
(i) High intensity treatment team for persons who are high utilizers of psychiatric inpatient services, including those with co-occurring disorders and other special needs;
(ii) Crisis outreach and diversion services to stabilize in the community individuals in crisis who are at risk of requiring inpatient care or jail services;
(iii) Mental health services provided in nursing facilities to individuals with dementia, and consultation to facility staff treating those individuals; and
(iv) Services at the sixteen-bed evaluation and treatment facility.
(b) At least annually, the Spokane county behavioral health entities shall assess the effectiveness of these services in reducing utilization at eastern state hospital, identify services that are not optimally effective, and modify those services to improve their effectiveness.
(24) $1,850,000 of the general fundstate appropriation for fiscal year 2022, $1,850,000 of the general fundstate appropriation for fiscal year 2023, and $13,312,000 of the general fundfederal appropriation are provided solely for substance use disorder peer support services included in behavioral health capitation rates in accordance with section 213(5)(ss), chapter 299, Laws of 2018. The authority shall require managed care organizations to provide access to peer support services for individuals with substance use disorders transitioning from emergency departments, inpatient facilities, or receiving treatment as part of hub and spoke networks.
(25) $1,256,000 of the general fundstate appropriation for fiscal year 2022, $1,256,000 of the general fundstate appropriation for fiscal year 2023, and $2,942,000 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) $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) $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) $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) $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 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) $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) $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) $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) $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) 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) $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) $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) 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) 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 authority shall submit the report for the preceding calendar year to the governor and appropriate committees of the legislature on or before July 1st of each year.
(39) $3,377,000 of the general fundstate appropriation for fiscal year 2022 and $5,177,000 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.
(40)(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) $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 substance use disorder services. The authority shall implement this funding to promote integrated, whole-person care to individuals with opioid use disorders, stimulant use disorders, and other substance use disorders. The authority shall use this funding to support evidence-based and promising practices as follows:
(a) $11,170,000 of the general fundfederal appropriation (CRSSA) is provided solely for treatment services to low-income individuals with substance use disorders who are not eligible for services under the medicaid program and for treatment services that are not covered under the medicaid program. A minimum of $9,070,000 of this amount must be contracted through behavioral health administrative services organizations. The amounts in this subsection may be used for services including, but not limited to, outpatient treatment, residential treatment, mobile opioid use disorder treatment programs, law enforcement assisted diversion programs, contingency management interventions, modified assertive community treatment, trauma informed care, crisis respite, and for reimbursement of one-time start-up operating costs for opening new beds in withdrawal management treatment programs.
(b) $2,407,000 of the general fund stateappropriation for fiscal year 2022, $561,000 of the general fundstate appropriation for fiscal year 2023, and $3,245,000 of the general fundfederal appropriation (CRSSA) are provided solely for outreach programs that link individuals with substance use disorders to treatment options to include medication for opioid use disorder. The authority must contract for these services with programs that use interdisciplinary teams, which include peer specialists, to engage and facilitate linkage to treatment for individuals in community settings such as homeless encampments, shelters, emergency rooms, harm reduction programs, churches, community service offices, food banks, libraries, legal offices, and other settings where individuals with substance use disorders may be engaged. The services must be coordinated with emergency housing assistance and other services administered by the authority to promote access to a full continuum of treatment and recovery support options.
(c) $1,535,000 of the general fundstate appropriation for fiscal year 2022 and $10,417,000 of the general fundfederal appropriation (CRSSA) are provided solely for substance use disorder recovery support services not covered by the medicaid program including, but not limited to, emergency housing, recovery housing vouchers, supported employment, skills training, peer support, peer drop-in centers, and other community supports.
(d) $1,100,000 of the general fundstate appropriation for fiscal year 2022 and $1,750,000 of the general fundfederal appropriation (CRSSA) are provided solely for efforts to support the recovery of American Indians and Alaska natives with substance use disorders. This funding may be used for grants to urban Indian organizations, tribal opioid prevention media campaigns, and support for government to government communication, planning, and implementation of opioid use disorder related projects.
(e) $1,000,000 of the general fundstate appropriation for fiscal year 2022 is provided solely for a public awareness campaign to educate youth and young adults with opioid use disorders about harm reduction, secondary prevention, overdose awareness, fentanyl, and naloxone.
(f) $7,083,000 of the general fundfederal appropriation (CRSSA) is provided solely for community services grants that support the implementation and evaluation of substance use disorder prevention services.
(g) Up to $1,750,000 of the general fundfederal appropriation (CRSSA) may be used for the authority's administrative costs associated with services funded in this subsection (41).
(42) $3,109,000 of the general fundstate appropriation for fiscal year 2022 and $3,109,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for short-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 authority must submit a report identifying the expenditures and number of individuals receiving short-term rental supports through the agency budget during the prior fiscal year broken out by region, treatment need, and the demographics of those served, including but not limited to age, country of origin within racial/ethnic categories, gender, and immigration status.
(43) Within the amounts provided in this section, sufficient funding is provided for the authority to implement requirements to provide up to five sessions of intake and assessment pursuant to Second Substitute House Bill No. 1325 (behavioral health/youth).
(44) $19,000,000 of the general fundfederal appropriation (CRSSA) and $1,600,000 of the general fundfederal appropriation (ARPA) are provided solely to promote the recovery of individuals with mental health disorders through expansion of mental health services. The authority shall implement this funding to promote integrated, whole-person care through evidence based and promising practices as follows:
(a) $7,303,000 of the general fundfederal appropriation (CRSSA) is provided solely for treatment services to low-income individuals with mental health disorders who are not eligible for services under the medicaid program and for treatment services that are not covered under the medicaid program. A minimum of $6,150,000 of this amount must be contracted through behavioral health administrative services organizations. The amounts in this subsection may be used for services including, but not limited to, outpatient treatment, residential treatment, law enforcement assisted diversion programs, modified assertive community treatment, and trauma informed care.
(b) $6,344,000 of the general fundfederal appropriation (CRSSA) is provided solely for mental health recovery support services not covered by the medicaid program including, but not limited to, supportive housing, emergency housing vouchers, supported employment, skills training, peer support, peer drop-in centers, and other community supports.
(c) $961,000 of the general fundfederal appropriation (CRSSA) is provided solely for efforts to support the recovery of American Indians and Alaska natives with mental health disorders.
(d) $1,346,000 of the general fundfederal appropriation (CRSSA) is provided solely to enhance crisis services and may be used for crisis respite care.
(e) $2,307,000 of the general fundfederal appropriation (CRSSA) is provided solely for the expansion of first episode psychosis programs.
(f) Up to $961,000 of the general fundfederal appropriation (CRSSA) may be used for the authority's administrative costs associated with services funded in this subsection.
(45) The authority must pursue opportunities for shifting state costs to the state's unused allocation of federal institutions for mental disease disproportionate share hospital funding. The authority must submit a report to the office of financial management and the appropriate committees of the legislature by December 1, 2021, which identifies any activities the authority has implemented or identified to shift state costs to the unused federal funds and an analysis of the fiscal impacts for these activities and options.
(46) $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 authority to implement one-time behavioral health workforce pilot programs and training support grants pursuant to Engrossed Second Substitute House Bill No. 1504 (workforce education development act). Of these amounts, $440,000 of the general fundstate appropriation for fiscal year 2022 and $440,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for the three behavioral health workforce pilot programs and $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 training support grants. If the bill is not enacted by June 30, 2021, the amounts provided in this subsection shall lapse.
(47) $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 authority to expand efforts to provide opioid use disorder medication in city, county, regional, and tribal jails. The authority must submit a report to the office of financial management and the appropriate committees of the legislature by December 1, 2021, on the allocation of the fiscal year 2021 funding within this subsection. The authority must provide a report to the office of financial management and the appropriate committees of the legislature by December 1, 2022, on the allocation of the fiscal year 2022 funding and the expenditures and number of individuals served in fiscal year 2021 by location.
(48) $500,000 of the general fundfederal appropriation is provided solely to establish an emotional support network program for individuals employed as peer specialists. The authority must contract for these services which shall include, but not be limited to, facilitating support groups for peer specialists, support for the recovery journeys of the peer specialists themselves, and targeted support for the secondary trauma inherent in peer work.
(49) $1,800,000 of the general fundfederal appropriation is provided solely for the authority to contract on a one-time basis with the University of Washington behavioral health institute to continue and enhance its efforts related to training and workforce development. The behavioral health institute shall develop and disseminate model programs and curricula to address the treatment needs of individuals with substance use disorders and cooccurring disorders. The behavioral health institute shall provide consultation and training to behavioral health agencies in order to improve the delivery of evidence-based and promising practices and overall quality of care. Training for providers may include technical assistance related to payment models, integration of peers, team-based care, utilization reviews, care transitions, and the infusion of recovery and resiliency into programming and culture. Additionally, the behavioral health institute shall provide continued access to telehealth training and support, including innovative digital health content. The behavioral health institute shall evaluate behavioral health inequities in Washington and create a center of excellence to address behavioral health inequity, including the need for a more diverse workforce. The behavioral health institute shall offer an annual conference on race, equity, and social justice and create a learning management system to provide access to training for publicly funded behavioral health providers across a range of topics. Specific curricula to be developed within the amounts provided in this subsection must include:
(a) A training for law enforcement officers focused on understanding substance use disorder and the recovery process and options and procedures for diversion from the criminal legal system for individuals with substance use disorder, to be developed in consultation with the criminal justice training commission; and
(b) A curriculum for correctional officers and community corrections officers focused on motivational interviewing, recovery coaching, and trauma informed care, developed in consultation with the department of corrections.
(50) $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 the north sound behavioral health administrative services organization to provide trauma-informed counseling services to children and youth in Whatcom county schools. The services must be provided by licensed behavioral health professionals who have training in the provision of trauma-informed care. The behavioral health administrative services organization must request, from the office of the superintendent of public instruction, a listing of the Whatcom county schools that are eligible for high-poverty allocations from the learning assistance program and prioritize services in these schools.
(51) $200,000 of the general fundstate appropriation for fiscal year 2022 and $200,000 of the general fundstate appropriation for fiscal year 2023 are provided on a one-time basis solely for the authority to contract with the north sound behavioral health administrative services organization to establish the Whatcom county crisis stabilization center as a pilot project for diversion from the criminal justice system to appropriate community based treatment. The pilot shall allow for police officers to place involuntary holds for up to 12 hours for persons placed at the facility in accordance with RCW 10.31.110. The amounts provided must be used to pay for the cost of services at the site not covered under the medicaid program. The authority must submit a report to the office of financial management and the appropriate committees of the legislature by December 1, 2022, including the following information:
(a) The total number of individuals served in the crisis stabilization center broken out by those served on a voluntary basis versus those served under involuntary treatment holds placed pursuant to RCW 10.31.110;
(b) A summary of the outcomes for each of the groups identified in (a) of this subsection; and
(c) Identification of methods to incentivize or require managed care organizations to implement payment models for crisis stabilization providers that recognize the need for the facilities to operate at full staffing regardless of fluctuations in daily census.
(52) $1,250,000 of the general fundstate appropriation for fiscal year 2022 and $1,250,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for the authority to contract with the King county behavioral health administrative services organization to maintain children's crisis outreach response system services that were previously funded through the department of children, youth, and families. The authority, in consultation with the behavioral health administrative services organization, medicaid managed care organizations, and the actuaries responsible for developing medicaid managed care rates, must work to maximize federal funding provided for the children's crisis outreach response system program and submit a report to the office of financial management and the appropriate committees of the legislature by December 1, 2021, on the status of these efforts and the associated savings in state funds.
(53) $1,762,000 of the general fundfederal appropriation is provided on a one-time basis solely for maintaining and increasing resources for peer support programs and for the authority to contract with an organization to assist with the recruitment of individuals to work as behavioral health peers with a specific focus on black, indigenous, and people of color communities. The authority must submit a preliminary report to the office of financial management and the appropriate committees of the legislature on the status of these efforts by December 1, 2021, and a final report including identification of the number and demographics of individuals recruited into behavioral health peer positions by December 1, 2022.
(54) $250,000 of the general fundfederal appropriation is provided solely for the authority to provide crisis response training to behavioral health peer specialists. The authority must use these amounts to contract for the development of a specialized 40 hour crisis response training curriculum for behavioral health peer specialists and to conduct a minimum of one statewide training session during fiscal year 2022 and one statewide training session during fiscal year 2023. The training shall focus on preparing behavioral health peer specialists to work with individuals in crisis, including providing peer services in emergency departments, as coresponders with law enforcement, and as part of mobile crisis teams. The training sessions must be offered free of charge to the participants and may be offered either virtually or in person as determined by the authority. By December 1, 2022, the authority must submit a report to the office of financial management and the appropriate committees of the legislature on the peer crisis response curriculum and the number of individuals that received training.
(55) $500,000 of the general fundfederal appropriation is provided solely for the authority to contract on a one-time basis with the University of Washington alcohol and drug abuse institute to develop policy solutions in response to the public health challenges of high tetrahydrocannabinol potency cannabis. The institute must use this funding to: Conduct individual interviews with stakeholders and experts representing different perspectives, facilitate joint meetings with stakeholders to identify areas of common ground and consensus, and develop recommendations for state policies related to cannabis potency and mitigating detrimental health impacts. The authority must submit the following reports to the office of financial management and the appropriate committees of the legislature:
(a) An initial report must be submitted by December 31, 2021, and shall summarize progress made to date, preliminary policy recommendations, and next steps; and
(b) A final report must be submitted by December 31, 2022, and shall summarize the analysis conducted by the institute, the process and stakeholders involved, an inventory of relevant cannabis policies in other states, and recommendations for policy changes to reduce the negative impacts of high potency cannabis in Washington state.
(56) $8,197,000 of the general fundstate appropriation for fiscal year 2022, $8,819,000 of the general fundstate appropriation for fiscal year 2023, and $38,025,000 of the general fundfederal appropriation are provided solely to continue in the 2021-2023 fiscal biennium the two percent increase to medicaid reimbursement for community behavioral health providers contracted through managed care organizations that was provided in April 2021. The authority must employ mechanisms such as directed payment or other options allowable under federal medicaid law to assure the funding is used by the managed care organizations for a two percent provider rate increase as intended and verify this pursuant to the process established in chapter 285, Laws of 2020 (EHB 2584). The rate increase shall be implemented to all behavioral health inpatient, residential, and outpatient providers receiving payment for services under this section contracted through the medicaid managed care organizations.
(57) $114,000 of the general fundstate appropriation for fiscal year 2022, $114,000 of the general fundstate appropriation for fiscal year 2023, and $228,000 of the general fundfederal appropriation are provided solely to increase rates for community children's long-term inpatient program providers by two percent effective July 1, 2021.
(58) $117,000 of the general fundstate appropriation for fiscal year 2022, $117,000 of the general fundstate appropriation for fiscal year 2023, and $168,000 of the general fundfederal appropriation are provided solely to increase rates for parent child assistance program providers by two percent effective July 1, 2021.
(59) $200,000 of the general fundstate appropriation for fiscal year 2022 and $200,000 of the general fundfederal appropriation are provided solely to support actuarial work required for the authority to develop behavioral health comparison rates.
(60) $205,000 of the general fundstate appropriation for fiscal year 2022 and $205,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for the authority to contract with the Washington state behavioral health institute to engage consumers, the University of Washington evidence based practice institute, and other stakeholders to review current and emerging data and research and make recommendations regarding best practices for virtual behavioral health services to children from prenatal stages through age 25. This work shall focus on the development of services and supports that deliver clinically-effective outcomes for children and families and identify safeguards for "in-person," "audio-video," and "audio only" modes. The review conducted by the institute shall include the collection and analysis of data about clinical efficacy of behavioral health services and supports through virtual modes and methods for determining and maximizing the health benefits of the different modes. The authority shall submit data required for this research to the behavioral health institute in accordance with federal and state laws regarding client protected information. The department shall submit the following reports to the office of financial management and the appropriate committees of the legislature:
(a) A preliminary report on the 2022 workplan by December 31, 2021;
(b) An initial report with recommendations for standards of care and best practices for behavioral health services by June 30, 2022; and
(c) A final report with additional refined recommendations and a research agenda and proposed budget for fiscal year 2024 and beyond by December 31, 2022.
(61) 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 LEAP omnibus document HCBS-2021.
(62) $150,000 of the general fundfederal appropriation is provided solely for training of behavioral health consumer advocates. Beginning in July 2022, the authority must enter into a memorandum of understanding with the department of commerce to provide support for training of behavioral health consumer advocates pursuant to Engrossed Second Substitute House Bill No. 1086 (behavioral health consumers).
(63) $5,000,000 of the general fundfederal appropriation is provided solely for the authority to maintain funding for grants to law enforcement assisted diversion programs outside of King county established pursuant to chapter 314, Laws of 2019 (SSB 5380). By December 1, 2023, the authority, in coordination with the law enforcement assisted diversion national support bureau, must collect information and submit a report to the office of financial management and the appropriate committees of the legislature on the grant program including a description of the program model or models used and the number, demographic information, and measurable outcomes of the individuals served with the funding provided under this subsection.
(64) $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 contract with a statewide mental health nonprofit organization that provides free community and school-based mental health education and support programs for consumers and families. The contractor must use this funding to provide access to programs tailored to peers living with mental illness as well as family members of people with mental illness and the community at large. Services provided by the contracted program shall include education, support, and assistance to reduce isolation and help consumers and families understand the services available in their communities.
(65) $13,374,000 of the generalfundstate appropriation for fiscal year 2022, $12,474,000 of the general fundstate appropriation for fiscal year 2023, and $12,731,000 of the general fundfederal appropriation are provided solely for increasing local behavioral health mobile crisis response team capacity and ensuring each region has at least one adult and one children and youth mobile crisis team that is able to respond to calls coming into the 988 crisis hotline.
(a) In prioritizing this funding, the health care authority shall assure that a minimum of six new children and youth mobile crisis teams are created and that there is one children and youth mobile crisis team in each region by the end of fiscal year 2022.
(b) In implementing funding for adult and youth mobile crisis response teams, the authority must establish standards in contracts with managed care organizations and behavioral health administrative services organizations for the services provided by these teams.
(66) $42,987,000 of the general fundstate appropriation for fiscal year 2022, $57,253,000 of the general fundstate appropriation for fiscal year 2023, and $80,040,000 of the general fundfederal appropriation are provided solely for the department to contract with community hospitals or freestanding evaluation and treatment centers to provide long-term inpatient care beds as defined in RCW 71.24.025. Within these amounts, the authority must meet the requirements for reimbursing counties for the judicial services for patients being served in these settings in accordance with RCW 71.05.730. The authority must coordinate with the department of social and health services in developing the contract requirements, selecting contractors, and establishing processes for identifying patients that will be admitted to these facilities. Of the amounts in this subsection, sufficient amounts are provided in fiscal year 2022 and fiscal year 2023 for the authority to reimburse community hospitals and nonhospital residential treatment centers serving clients in long-term inpatient care beds as defined in RCW 71.24.025 as follows:
(a) For a hospital licensed under chapter 70.41 RCW that requires a hospital specific medicaid inpatient psychiatric per diem payment rate for long-term civil commitment patients because the hospital has completed a medicare cost report, the authority shall analyze the most recent medicare cost report of the hospital after a minimum of 200 medicaid inpatient psychiatric days. The authority shall establish the inpatient psychiatric per diem payment rate for long-term civil commitment patients for the hospital at 100 percent of the allowable cost of care, based on the most recent medicare cost report of the hospital.
(b) For a hospital licensed under chapter 70.41 RCW that has not completed a medicare cost report with more than 200 medicaid inpatient psychiatric days, the authority shall establish the medicaid inpatient psychiatric per diem payment rate for long-term civil commitment patients for the hospital at the higher of the hospital's current medicaid inpatient psychiatric rate; or the annually updated statewide average of the medicaid inpatient psychiatric per diem payment rate of all acute care hospitals licensed under chapter 70.41 RCW providing long-term civil commitment services.
(c) For a hospital licensed under chapter 71.12 RCW and currently providing long-term civil commitment services, the authority shall establish the medicaid inpatient psychiatric per diem payment rate at $940 plus adjustments that may be needed to capture costs associated with long-term psychiatric patients that are not allowable on the medicare cost report or reimbursed separately. The hospital may provide the authority with supplemental data to be considered and used to make appropriate adjustments to the medicaid inpatient psychiatric per diem payment rate of the hospital. Adjustment of costs may include:
(i) Costs associated with professional services and fees not accounted for in the hospital's medicare cost report or reimbursed separately;
(ii) Costs associated with the hospital providing the long-term psychiatric patient access to involuntary treatment court services that are not reimbursed separately; and
(iii) Other costs associated with caring for long-term psychiatric patients that are not reimbursed separately.
(d) For a hospital licensed under chapter 71.12 RCW that requires an initial medicaid inpatient psychiatric per diem payment rate for long-term civil commitment services because it has not yet completed a medicare cost report, the authority shall establish the medicaid inpatient psychiatric per diem payment rate at the higher of:
(i) The hospital's current medicaid inpatient psychiatric rate; or
(ii) The annually updated statewide average of the medicaid long-term inpatient psychiatric per diem payment rate of all freestanding psychiatric hospitals licensed under chapter 71.12 RCW providing long-term civil commitment services.
(e) For nonhospital residential treatment centers certified to provide long-term inpatient care beds as defined in RCW 71.24.025, the authority shall increase the fiscal year 2021 rate by three percent each year of the biennium.
(f) Beginning in fiscal year 2023, provider payments for vacant bed days shall not exceed six percent of their annual contracted bed days.
(g) The legislature intends to recognize the additional costs associated with student teaching related to long-term civil commitment patients to be provided in a new teaching hospital expected to open during the 2023-2025 fiscal biennium.
(h) The authority, in coordination with the department of social and health services, the office of the governor, the office of financial management, and representatives from medicaid managed care organizations, behavioral health administrative service organizations, and community providers, must develop and implement a plan to continue the expansion of civil community long-term inpatient capacity. The plan shall identify gaps and barriers in the current array of community long-term inpatient beds in serving higher need individuals including those 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 plan shall identify strategies to overcome these barriers including, but not limited to, potential rate enhancements for high needs clients. The authority must submit its implementation plan to the office of financial management and the appropriate fiscal committees of the legislature by December 1, 2021, and submit a status update on the implementation plan by October 15, 2022.
(67)(a) $31,000,000 of the general fundfederal appropriation (CSFRF) is provided on a one-time basis solely for the authority to provide assistance payments to behavioral health providers serving medicaid and state-funded clients. In prioritizing the allocation of this funding, the authority must take the following into account:
(i) The differential impact the pandemic has had on different types of providers;
(ii) Other state and federal relief funds providers have received or are eligible to apply for; and
(iii) Equitable distribution of assistance including consideration of geographic location and providers serving members of historically disadvantaged communities.
(b) To be eligible for assistance, the behavioral health providers must:
(i) Have experienced lost revenue or increased expenses that are a result of the COVID-19 public health emergency;
(ii) Self–attest that the lost revenue or expenses are not funded by any other government or private entity;
(iii) Agree to operate in accordance with the requirements of applicable federal, state, and local public health guidance and directives; and
(iv) Agree to comply with federal guidance on the use of coronavirus state and local fiscal recovery funds.
(c) Provider assistance is subject to the availability of amounts provided in this subsection.
(68)(a) $375,000  of the general fundstate appropriation for fiscal year 2021 and $375,000 of the general fundstate appropriation for fiscal year 2022 are provided solely for a one-time grant to Island county to fund a pilot program to improve behavioral health outcomes for young people in rural communities. In administering the pilot program, Island county shall coordinate with school districts, community groups, and health care providers to increase access to behavioral health programs for children and youth aged birth to 24 years of age. The grant funds shall be used to coordinate and expand behavioral health services. The grant funding must not be used to supplant funding from existing programs. No more than 10 percent of the funds may be used for administrative costs incurred by Island county in administering the program. Services that may be provided with the grant funding include, but are not limited to:
(i) Support for children and youth with significant behavioral health needs to address learning loss caused by COVID-19 and remote learning;
(ii) School based behavioral health education, assessment, and brief treatment;
(iii) Screening and referral of children and youth to long-term treatment services;
(iv) Behavioral health supports provided by community agencies serving youth year-round;
(v) Expansion of mental health first aid, a program designed to prepare adults who regularly interact with youth for how to help people in both crisis and noncrisis mental health situations;
(vi) Peer support services; and
(vii) Compensation for the incurred costs of clinical supervisors and internships.
(b) The authority, in coordination with Island county, must submit the following reports to the legislature:
(i) By December 1, 2022, a report summarizing how the funding was used and providing the number of children and youth served by the pilot during fiscal year 2022; and
(ii) By December 1, 2023, a report summarizing how the funding was used and providing the number of children and youth served by the pilot during fiscal year 2023.
(69) State general fund appropriations in this section and in sections 219 and 221 of this act are made to address the harms caused to the state and its citizens by the opioid epidemic, and these include appropriations of $13,466,000 attributable to the settlement in State v. McKinsey & Co., Inc.
(70) $260,000 of the general fundstate appropriation for fiscal year 2022, $3,028,000 of the general fundstate appropriation for fiscal year 2023, and $3,028,000 of the general fundfederal appropriation are provided solely for the authority to contract for a twelve bed children's long-term inpatient program facility specializing in the provision of habilitative mental health services for children and youth with intellectual or developmental disabilities who have intensive behavioral health support needs. The authority must provide a report to the office of financial management and the appropriate committees of the legislature providing data on the demand and utilization of this facility by June 30, 2023.
(71) $300,000 of the general fundstate appropriation for fiscal year 2022 and $300,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for the authority to continue the University of Washington's project extension for community health care outcomes (ECHO) for:
(a) Telecommunication consultation with local physicians to discuss medications appropriate to patients who have developmental disabilities and behavioral issues; and
(b) Training to both behavioral health and developmental disabilities professionals to support individuals with both developmental disabilities and behavioral health needs.
(72) No more than $1,535,000 of the general fundfederal appropriation and $810,000 of the general fundlocal appropriation may be expended for supported housing and employment services described in initiative 3a and 3b of the medicaid transformation demonstration waiver under healthier Washington. Under this initiative, the authority and the department of social and health services shall ensure that allowable and necessary services are provided to eligible clients as identified by the authority or its providers or third party administrator. The department and the authority in consultation with the medicaid forecast work group, shall ensure that reasonable reimbursements are established for services deemed necessary within an identified limit per individual. The authority shall not increase general fundstate expenditures under this initiative. The secretary in collaboration with the director of the authority shall report to the joint select committee on health care oversight no less than quarterly on financial and health outcomes. The secretary in cooperation with the director shall also report to the fiscal committees of the legislature all of the expenditures of this subsection and shall provide such fiscal data in the time, manner, and form requested by the legislative fiscal committees.
(73) $396,000 of the general fundstate appropriation for fiscal year 2022, $329,000 of the general fundstate appropriation for fiscal year 2023, and $3,153,000 of the general fundfederal appropriation are provided solely to support the administrative costs associated with the application and implementation of a federal waiver allowing for full federal participation in mental health treatment facilities identified as institutions of mental diseases.
(74)(a) $150,000 of the general fundstate appropriation for fiscal year 2022 is provided solely for the authority to convene a work group to develop a recommended teaching clinic enhancement rate for behavioral health agencies training and supervising students and those seeking their certification or license. This work should include: Developing standards for classifying a behavioral health agency as a teaching clinic; a cost methodology to determine a teaching clinic enhancement rate; and a timeline for implementation. The work group must include representatives from:
(i) The department of health;
(ii) The office of the governor;
(iii) The Washington workforce training and education board;
(iv) The Washington council for behavioral health;
(v) Licensed and certified behavioral health agencies; and
(vi) Higher education institutions.
(b) By October 15, 2021, the health care authority must submit a report of the work group's recommendations to the governor and the appropriate committees of the legislature.
(75) $343,000 of the general fundstate appropriation for fiscal year 2022, $344,000 of the general fundstate appropriation for fiscal year 2023, and $687,000 of the general fundfederal appropriation are provided solely for increasing services to pregnant and parenting women provided through the parent child assistance program.
(76) $130,000 of the general fundstate appropriation for fiscal year 2022 and $130,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for maintaining and increasing the capabilities of a tool to track medication assisted treatment provider capacity.
(77) $500,000 of the general fundstate appropriation for fiscal year 2022 and $500,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for grants to support substance use disorder family navigators across the state.
(78) $125,000 of the general fundstate appropriation for fiscal year 2022 and $125,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for grants to support recovery cafes across the state.
(79) $69,000 of the general fundstate appropriation for fiscal year 2022, $63,000 of the general fundstate appropriation for fiscal year 2023, and $198,000 of the general fundfederal appropriation are provided solely for the implementation of Engrossed Second Substitute Senate Bill No. 5071 (civil commitment transition). If the bill is not enacted by June 30, 2021, the amounts provided in this subsection shall lapse.
(80) $200,000 of the general fundstate appropriation for fiscal year 2022, $195,000 of the general fundstate appropriation for fiscal year 2023, and $755,000 of the general fundfederal appropriation are provided solely for a grant program to award funding to fire departments in the state of Washington to implement safe station pilot programs. Programs that combine the safe station approach with fire department mobile integrated health programs such as the community assistance referral and education services program under RCW 35.21.930 are encouraged. Certified substance use disorder peer specialists may be employed in a safe station pilot program if the authority determines that a plan is in place to provide appropriate levels of supervision and technical support. Safe station pilot programs shall collaborate with behavioral health administrative services organizations, local crisis providers, and other stakeholders to develop a streamlined process for referring safe station clients to the appropriate level of care. Funding for pilot programs under this subsection shall be used for new or expanded programs and may not be used to supplant existing funding.
(81) $71,000 of the general fundstate appropriation for fiscal year 2022, $66,000 of the general fundstate appropriation for fiscal year 2023, and $136,000 of the general fundfederal appropriation are provided solely for the implementation of Second Substitute Senate Bill No. 5195 (opioid overdose medication). If the bill is not enacted by June 30, 2021, the amounts provided in this subsection shall lapse.
(82) $150,000 of the general fundstate appropriation for fiscal year 2022 is provided solely for the authority to evaluate options for a medicaid waiver to provide respite care for youth with behavioral health challenges while avoiding adverse impacts with respite waivers at the department of social and health services developmental disabilities administration and the department of children, youth, and families.
(83) $2,000,000 of the general fundfederal appropriation is provided solely for grants to law enforcement and other first responders to include a mental health professional on the team of personnel responding to emergencies.
(84) $375,000 of the general fundstate appropriation for fiscal year 2022 and $375,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for a grant to the city of Arlington in partnership with the North County regional fire authority for a mobile integrated health pilot project. The project shall provide mobile integrated health services for residents who cannot navigate resources through typical methods through brief therapeutic intervention, biopsychosocial assessment and referral, and community care coordination.
(85) $26,000 of the general fundstate appropriation for fiscal year 2022, $26,000 of the general fundstate appropriation for fiscal year 2023, and $48,000 of the general fundfederal appropriation 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.
(86) $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 implementation of Substitute Senate Bill No. 5073 (involuntary commitment). If the bill is not enacted by June 30, 2021, the amounts provided in this subsection shall lapse.
(87) $2,834,000 of the general fundstate appropriation for fiscal year 2023 and $1,813,000 of the general fundfederal appropriation are provided solely for the authority to contract for two distinct 16 bed programs in a facility located in Clark county to provide long-term inpatient care beds as defined in RCW 71.24.025. The beds must be used to provide treatment services for individuals who have been involuntarily committed to long-term inpatient treatment pursuant to the dismissal of criminal charges and a civil evaluation ordered under RCW 10.77.086 or 10.77.088. The authority, in coordination with the department of social and health services, 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.
NEW SECTION.  Sec. 216. FOR THE HUMAN RIGHTS COMMISSION
General FundState Appropriation (FY 2022)
. . . .
$2,946,000
General FundState Appropriation (FY 2023)
. . . .
$2,966,000
General FundFederal Appropriation
. . . .
$2,572,000
TOTAL APPROPRIATION
. . . .
$8,484,000
The appropriations in this section are subject to the following conditions and limitations: $1,000 of the general fundstate appropriation for fiscal year 2022 and $1,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for the implementation of Senate Bill No. 5027 (television closed captions). If the bill is not enacted by June 30, 2021, the amounts provided in this subsection shall lapse.
NEW SECTION.  Sec. 217. FOR THE BOARD OF INDUSTRIAL INSURANCE APPEALS
Worker and Community Right to Know FundState
Appropriation
. . . .
$10,000
Accident AccountState Appropriation
. . . .
$24,093,000
Medical Aid AccountState Appropriation
. . . .
$24,090,000
TOTAL APPROPRIATION
. . . .
$48,193,000
The appropriations in this section are subject to the following conditions and limitations: $12,000 of the accident accountstate appropriation and $10,000 of the medical aid accountstate appropriation are provided solely for the implementation of Engrossed Substitute House Bill No. 1097 (worker safety pandemic response). If the bill is not enacted by June 30, 2021, the amounts provided in this subsection shall lapse.
NEW SECTION.  Sec. 218. FOR THE CRIMINAL JUSTICE TRAINING COMMISSION
General FundState Appropriation (FY 2022)
. . . .
$34,677,000
General FundState Appropriation (FY 2023)
. . . .
$34,509,000
General FundPrivate/Local Appropriation
. . . .
$5,961,000
Death Investigations AccountState Appropriation
. . . .
$1,216,000
Municipal Criminal Justice Assistance AccountState
Appropriation
. . . .
$460,000
Washington Auto Theft Prevention Authority Account
State Appropriation
. . . .
$7,167,000
24/7 Sobriety AccountState Appropriation
. . . .
$20,000
TOTAL APPROPRIATION
. . . .
$84,010,000
The appropriations in this section are subject to the following conditions and limitations:
(1) $5,000,000 of the general fundstate appropriation for fiscal year 2022 and $5,000,000 of the general fundstate appropriation for fiscal year 2023, are provided to the Washington association of sheriffs and police chiefs solely to verify the address and residency of registered sex offenders and kidnapping offenders under RCW 9A.44.130.
(2) $1,504,000 of the general fundstate appropriation for fiscal year 2022 and $1,513,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for 75 percent of the costs of providing five additional statewide basic law enforcement trainings in each fiscal year. The criminal justice training commission must schedule its funded classes to minimize wait times throughout each fiscal year and meet statutory wait time requirements. The criminal justice training commission must track and report the average wait time for students at the beginning of each class and provide the findings in an annual report to the legislature due in December of each year. At least three classes must be held in Spokane each year.
(3) The criminal justice training commission may not run a basic law enforcement academy class of fewer than 30 students.
(4) $429,000 of the general fundstate appropriation for fiscal year 2022 and $429,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for expenditure into the nonappropriated Washington internet crimes against children account for the implementation of chapter 84, Laws of 2015.
(5) $5,000,000 of the general fundstate appropriation for fiscal year 2022 and $5,000,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for the mental health field response team program administered by the Washington association of sheriffs and police chiefs. The association must distribute $7,000,000 in grants to the phase one and phase two regions as outlined in the settlement agreement under Trueblood, et. al. v. Department of Social and Health Services, et. al., U.S. District Court-Western District, Cause No. 14-cv-01178-MJP. The association must submit an annual report to the Governor and appropriate committees of the legislature by September 1st of each year of the biennium. The report shall include best practice recommendations on law enforcement and behavioral health field response and include outcome measures on all grants awarded.
(6) $899,000 of the general fundstate appropriation for fiscal year 2022 and $899,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for crisis intervention training for the phase one regions as outlined in the settlement agreement under Trueblood, et. al. v. Department of Social and Health Services, et. al., U.S. District Court-Western District, Cause No. 14-cv-01178-MJP.
(7) $1,216,000 of the death investigations accountstate appropriation is provided solely for the commission to provide 240 hours of medicolegal forensic investigation training to coroners and medical examiners to meet the recommendations of the national commission on forensic science for certification and accreditation.
(8) $13,000 of the general fundstate appropriation for fiscal year 2022, $26,000 of the general fundstate appropriation for fiscal year 2023, and $12,000 of the general fundlocal appropriation are provided solely for an increase in vendor rates on the daily meals provided to basic law enforcement academy recruits during their training.
(9)(a) $200,000 of the general fundstate appropriation for fiscal year 2022 and $200,000 of the general fundstate appropriation for fiscal year 2023 are provided solely to implement chapter 378, Laws of 2019 (alternatives to arrest/jail).
(b) $300,000 of the general fundstate appropriation for fiscal year 2022 and $300,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for evaluation of grant-funded programs under chapter 378, Laws of 2019 (alternatives to arrest/jail).
(10) $750,000 of the general fundstate appropriation for fiscal year 2022 and $750,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for the Washington association of sheriffs and police chiefs to administer the sexual assault kit initiative project under RCW 36.28A.430, to assist multidisciplinary community response teams seeking resolutions to cases tied to previously unsubmitted sexual assault kits, and to provide support to survivors of sexual assault offenses. The commission must report to the governor and the chairs of the senate committee on ways and means and the house of representatives committee on appropriations by June 30, 2022, on the number of sexual assault kits that have been tested, the number of kits remaining to be tested, the number of sexual assault cases that had hits to other crimes, the number of cases that have been reinvestigated, the number of those cases that were reinvestigated using state funding under this appropriation, and the local jurisdictions that were a recipient of a grant under the sexual assault kit initiative project.
(11) $20,000 of the general fund—state appropriation for fiscal year 2022 and $20,000 of the general fund—state appropriation for fiscal year 2023 are provided solely for a helmet distribution program in order to reduce traumatic brain injuries throughout the state. Of these amounts:
(a) $10,000 of the general fundstate appropriation for fiscal year 2022 and $10,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for a grant to the Washington fire chiefs association to provide helmets to persons contacted by an official of a local fire department for not wearing a helmet while riding a skateboard or bicycle; and
(b) $10,000 of the general fundstate appropriation for fiscal year 2022 and $10,000 of the general fundstate appropriation for fiscal year 2023 are provided solely to the Washington association of sheriffs and police chiefs to distribute to local law enforcement agencies to provide helmets to persons contacted by an official of a local law enforcement agency for not wearing a helmet while riding a skateboard or bicycle.
(12) $307,000 of the general fundstate appropriation for fiscal year 2022 is provided solely for chapter 294, Laws of 2020 (critical stress management programs).
(13) $727,000 of the general fundstate appropriation for fiscal year 2022, $727,000 of the general fundstate appropriation for fiscal year 2023, and $248,000 of the general fund—local appropriation are provided solely for chapter 119, Laws of 2020 (correctional officer certification).
(14) $406,000 of the general fundstate appropriation for fiscal year 2022 and $408,000 of the general fundstate appropriation for fiscal year 2023 are provided to the Washington association of sheriffs and police chiefs solely to establish a behavioral health support and suicide prevention program for law enforcement officers. The program will begin with grants to three pilot locations and will leverage access to mental health professionals, critical stress management, and resiliency training.
(15) $1,883,000 of the general fund—state appropriation for fiscal year 2022 and $1,986,000 of the general fund—state appropriation for fiscal year 2023 are provided solely for implementation of Engrossed Second Substitute Senate Bill No. 5051 (peace officer oversight). If the bill is not enacted by June 30, 2021, the amounts provided in this subsection shall lapse.
(16) $474,000 of the general fund—state appropriation for fiscal year 2022 and $446,000 of the general fund—state appropriation for fiscal year 2023 are provided solely for implementation of Substitute Senate Bill No. 5066 (officer duty to intervene). If the bill is not enacted by June 30, 2021, the amounts provided in this subsection shall lapse.
(17) $151,000 of the general fundstate appropriation for fiscal year 2022 and $148,000 of the general fundstate appropriation for fiscal year 2023 are provided solely to support the participation of the Washington association of sheriffs and police chiefs in the joint legislative task force on jail standards created in section 957 of this act.
(18) $374,000 of the general fundstate appropriation for fiscal year 2022 and $296,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for the implementation of Engrossed Substitute House Bill No. 1267 (office of independent investigations). If the bill is not enacted by June 30, 2021, the amounts provided in this subsection shall lapse.
(19) $31,000 of the general fundstate appropriation for fiscal year 2022 and $31,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for the implementation of Substitute House Bill No. 1088 (impeachment disclosures). If the bill is not enacted by June 30, 2021, the amounts provided in this subsection shall lapse.
(20) $269,000 of the general fundstate appropriation for fiscal year 2022 and $261,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for the implementation of House Bill No. 1001 (law enforcement professional development). If the bill is not enacted by June 30, 2021, the amounts provided in this subsection shall lapse.
(21) $25,000 of the general fundstate appropriation for fiscal year 2022 is provided solely for the implementation of Engrossed Substitute House Bill No. 1054 (peace officer tactics and equipment). If the bill is not enacted by June 30, 2021, the amount provided in this subsection shall lapse.
(22) $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 the implementation of Engrossed Second Substitute House Bill No. 1310 (use of force). If the bill is not enacted by June 30, 2021, the amounts provided in this subsection shall lapse.
(23) $25,000 of the general fundstate appropriation for fiscal year 2022 and $25,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for the implementation of Engrossed Substitute House Bill No. 1109 (victims of sexual assault). If the bill is not enacted by June 30, 2021, the amounts provided in this subsection shall lapse.
NEW SECTION.  Sec. 219. FOR THE OFFICE OF INDEPENDENT INVESTIGATIONS
General FundState Appropriation (FY 2022)
. . . .
$7,063,000
General FundState Appropriation (FY 2023)
. . . .
$12,657,000
TOTAL APPROPRIATION
. . . .
$19,720,000
The appropriations in this section are subject to the following conditions and limitations: The appropriations in this section are provided solely for the implementation of Engrossed Substitute House Bill No. 1267 (establishing an office of independent investigations), to create an office within the office of the governor for the purposes of investigating deadly force incidents involving peace officers. If the bill is not enacted by June 30, 2021, the amounts provided in this subsection shall lapse.
NEW SECTION.  Sec. 220. FOR THE DEPARTMENT OF LABOR AND INDUSTRIES
General FundState Appropriation (FY 2022)
. . . .
$13,752,000
General FundState Appropriation (FY 2023)
. . . .
$15,492,000
General FundFederal Appropriation
. . . .
$11,876,000
Asbestos AccountState Appropriation
. . . .
$573,000
Electrical License AccountState Appropriation
. . . .
$56,707,000
Farm Labor Contractor AccountState Appropriation
. . . .
$28,000
Worker and Community Right to Know FundState
Appropriation
. . . .
$1,000,000
Construction Registration Inspection AccountState
Appropriation
. . . .
$28,947,000
Public Works Administration AccountState
Appropriation
. . . .
$9,352,000
Manufactured Home Installation Training Account
State Appropriation
. . . .
$395,000
Accident AccountState Appropriation
. . . .
$366,060,000
Accident AccountFederal Appropriation
. . . .
$16,047,000
Medical Aid AccountState Appropriation
. . . .
$366,663,000
Medical Aid AccountFederal Appropriation
. . . .
$3,608,000
Plumbing Certificate AccountState Appropriation
. . . .
$3,316,000
Pressure Systems Safety AccountState Appropriation
. . . .
$4,582,000
TOTAL APPROPRIATION
. . . .
$898,398,000
The appropriations in this section are subject to the following conditions and limitations:
(1) $8,551,000 of the accident accountstate appropriation and $8,551,000 of the medical aid accountstate appropriation are provided solely for the labor and industries workers' compensation information system replacement project. This subsection is subject to the conditions, limitations, and review provided in section 701 of this act. The department must:
(a) Submit a report by August 1, 2021, on the quantifiable deliverables accomplished in fiscal years 2020 and 2021 and the amount spent by each deliverable in each of the following subprojects:
(i) Business readiness;
(ii) Change readiness;
(iii) Commercial off the shelf procurement;
(iv) Customer access;
(v) Program foundations;
(vi) Independent assessment; and
(vii) In total by fiscal year;
(b) Submit quarterly data within 30 calendar days of the end of each quarter, effective July 1, 2021, on:
(i) All of the quantifiable deliverables accomplished by subprojects identified in (a)(i) through (vi) of this subsection and in total and the associated expenditures by each deliverable by fiscal month;
(ii) The contract full time equivalent charged by subprojects identified in (a)(i) through (vi) of this subsection, and in total, compared to the budget spending plan by month for each contracted vendor and what the ensuing contract equivalent budget spending plan by subprojects identified in (a)(i) through (vi) of this subsection, and in total, assumes by fiscal month;
(iii) The performance metrics by subprojects identified in (a)(i) through (vi) of this subsection, and in total, that are currently used, including monthly performance data; and
(iv) The risks identified independently by at least the quality assurance vendor and the office of the chief information officer, and how the project:
(A) Has mitigated each risk; and
(B) Is working to mitigate each risk, and when it will be mitigated;
(c) Submit the reports in (a) and (b) of this subsection to fiscal and policy committees of the legislature; and
(d) Receive an additional gated project sign off by the office of financial management, effective September 1, 2021. Prior to spending any project funding in this subsection each quarter, there is an additional gate of approval required for this project. The director of financial management must agree that the reporting data provided each quarter shows accountability, effective and appropriate use of the funding, and that risks are being mitigated to the spending and sign off on the spending for the ensuing quarter.
(2) $250,000 of the medical aid accountstate appropriation and $250,000 of the accident accountstate appropriation are provided solely for the department of labor and industries safety and health assessment and research for prevention program to conduct research to address the high injury rates of the janitorial workforce. The research must quantify the physical demands of common janitorial work tasks and assess the safety and health needs of janitorial workers. The research must also identify potential risk factors associated with increased risk of injury in the janitorial workforce and measure workload based on the strain janitorial work tasks place on janitors' bodies. The department must conduct interviews with janitors and their employers to collect information on risk factors, identify the tools, technologies, and methodologies used to complete work, and understand the safety culture and climate of the industry. The department must produce annual progress reports through the year 2022 or until the tools are fully developed and deployed. The annual progress report must be submitted to the governor and legislature by December 1st of each year such report is due.
(3) $258,000 of the accident accountstate appropriation and $258,000 of the medical aid accountstate appropriation are provided solely for the department of labor and industries safety and health assessment research for prevention program to conduct research to prevent the types of work-related injuries that require immediate hospitalization. The department will develop and maintain a tracking system to identify and respond to all immediate in-patient hospitalizations and will examine incidents in defined high-priority areas, as determined from historical data and public priorities. The research must identify and characterize hazardous situations and contributing factors using epidemiological, safety-engineering, and human factors/ergonomics methods. The research must also identify common factors in certain types of workplace injuries that lead to hospitalization. The department must submit a report to the governor and appropriate legislative committees by August 30, 2021, and annually thereafter, summarizing work-related immediate hospitalizations and prevention opportunities, actions that employers and workers can take to make workplaces safer, and ways to avoid severe injuries.
(4)(a) $2,000,000 of the general fundstate appropriation for fiscal year 2022 and $2,000,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for grants to promote workforce development in aerospace and aerospace related supply chain industries by: Expanding the number of registered apprenticeships, preapprenticeships, and aerospace-related programs; and providing support for registered apprenticeships or programs in aerospace and aerospace-related supply chain industries.
(b) Grants awarded under this section may be used for:
(i) Equipment upgrades or new equipment purchases for training purposes;
(ii) New training space and lab locations to support capacity needs and expansion of training to veterans and veteran spouses, and underserved populations;
(iii) Curriculum development and instructor training for industry experts;
(iv) Tuition assistance for degrees in engineering and high-demand degrees that support the aerospace industry; and
(v) Funding to increase capacity and availability of child care options for shift work schedules.
(c) An entity is eligible to receive a grant under this subsection if it is a nonprofit, nongovernmental, or institution of higher education that provides training opportunities, including apprenticeships, preapprenticeships, preemployment training, aerospace-related degree programs, or incumbent worker training to prepare workers for the aerospace and aerospace-related supply chain industries.
(d) The department may use up to 5 percent of these funds for administration of these grants.
(5) $3,632,000 of the accident accountstate appropriation and $876,000 of the medical aid accountstate appropriation are provided solely for the creation of an agriculture compliance unit within the division of occupational safety and health. The compliance unit will perform compliance inspections and provide bilingual outreach to agricultural workers and employers.
(6) $2,849,000 of the construction registration inspection account—state appropriation, $152,000 of the accident account—state appropriation, and $31,000 of the medical aid account—state appropriation are provided solely for the conveyance management system replacement project and are subject to the conditions, limitations, and review provided in section 701 of this act.
(7) $4,380,000 of the medical aid account—state appropriation is provided solely for the implementation of the provider credentialing system project and is subject to the conditions, limitations, and review provided in section 701 of this act.
(8) $530,000 of the accident accountstate appropriation and $94,000 of the medical aid accountstate appropriation are provided solely for the department to conduct infectious disease rule making to ensure the state has general guidelines to follow in the case of an infectious disease outbreak and to provide education and outreach.
(9) $334,000 of the accident accountstate appropriation and $60,000 of the medical aid accountstate appropriation are provided for the maintenance and operating costs of the isolated worker protection information technology project.
(10) $125,000 of the general fundstate appropriation for fiscal year 2022 and $125,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for the department to analyze patients who are maintained on chronic opioids. The department must submit a report of its findings to the governor and the appropriate committees of the legislature no later than October 1, 2023. The report shall include analysis of patient data, describing the characteristics of patients who are maintained on chronic opioids and their clinical needs, and a preliminary evaluation of potential interventions to improve care and reduce harms in this population.
(11) $100,000 of the general fundstate appropriation for fiscal year 2022 and $50,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for a grant to an organization in Pierce county experienced in providing peer-to-peer training, in order to develop and implement a program aimed at reducing workplace sexual harassment in the agricultural sector, with the following deliverables:
(a) Peer-to-peer training and evaluation of sexual harassment training curriculum; and
(b) The building of a statewide network of peer trainers as farmworker leaders whose primary purpose is to prevent workplace sexual harassment and assault through leadership, education, and other tools.
(12) $150,000 of the general fundstate appropriation for fiscal year 2022 and $100,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for a work group to investigate how to make Washington's industrial insurance system easier to access for employers and hiring entities to provide industrial insurance coverage for domestic workers.
(a) Domestic workers include, but are not limited to: Housecleaners, nannies, gardeners, and day laborers, including but not limited to those who may perform maintenance or repair work in or about the private home of the employer or hiring entity.
(b) The work group shall make recommendations to the governor and appropriate legislative committees on legislative, regulatory, or other changes that would make the industrial insurance system easier for day laborers and their employers to access. This work group will also explore the possible role of intermediary nonprofit organizations that assist and refer domestic workers and day laborers.
(c) The work group shall be comprised of the following representatives, to be appointed by the governor by July 1, 2021:
(i) Two representatives who are directly impacted domestic workers who work for private home employers or hiring entities;
(ii) Two representatives who are directly impacted day laborers who work for private home employers or hiring entities;
(iii) Two representatives from unions, workers' centers, or intermediary nonprofit organizations that assist and/or refer such directly impacted workers;
(iv) Two employer or hiring entity representatives who directly employ or hire single domestic workers in private homes;
(v) One employer or hiring entity representative who directly employs or hires day laborers in a private home;
(vi) One representative from a nonprofit organization that educates and organizes household employers; and
(vii) Representatives from the department, serving in an ex officio capacity.
(d) The department shall convene the work group by August 1, 2021, and shall meet at least once every two months and may meet remotely in order to accommodate the involvement of domestic worker and day laborer representatives.
(e) The work group shall deliver its report and recommendations to the governor and the appropriate committees of the legislature no later than November 4, 2022.
(13) $237,000 of the accident accountstate appropriation and $184,000 of the medical aid accountstate appropriation are provided solely for costs associated with the implementation of Engrossed Substitute Senate Bill No. 5115 (health emergency/labor). If the bill is not enacted by June 30, 2021, the amounts provided in this subsection shall lapse.
(14) $825,000 of the accident accountstate appropriation and $620,000 of the medical aid accountstate appropriation are provided solely for costs associated with the implementation of Engrossed Substitute Senate Bill No. 5172 (agricultural overtime). If the bill is not enacted by June 30, 2021, the amounts provided in this subsection shall lapse.
(15) $760,000 of the general fundstate appropriation for fiscal year 2022 and $1,393,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for the implementation of Second Substitute Senate Bill No. 5183 (nonfatal strangulation). If the bill is not enacted by June 30, 2021, the amounts provided in this subsection shall lapse.
(16) $367,000 of the accident accountstate appropriation and $366,000 of the medical aid accountstate appropriation are provided solely for the implementation of Engrossed Substitute Senate Bill No. 5190 (health care workers/benefits). If the bill is not enacted by June 30, 2021, the amounts provided in this subsection shall lapse.
(17) $1,626,000 of the accident accountstate appropriation and $288,000 of the medical aid accountstate appropriation are provided solely for the purpose of providing a temporary 7.5 percent increase to the base rate of pay for the compliance field positions in the following job classifications: Safety and health specialist 3, safety and health specialist 4, industrial hygienist 3, and industrial hygienist 4, who are responsible for inspections, investigations, and enforcement related to the COVID-19 pandemic, not including consultation staff within these classifications. The increase shall be effective July 1, 2021, until June 30, 2023. Expenditure of the amount provided for this purpose is contingent upon execution of an appropriate memorandum of understanding between the governor or the governor's designee and the exclusive bargaining representative, consistent with the terms of this subsection.
(18) $298,000 of the accident account—state appropriation and $53,000 of the medical aid account—state appropriation are provided solely for the implementation of Engrossed Substitute House Bill No. 1097 (increasing worker protections). If the bill is not enacted by June 30, 2021, the amounts provided in this subsection shall lapse.
(19) $1,360,000 of the accident accountstate appropriation and $240,000 of the medical aid accountstate appropriation are provided solely for the department of labor and industries, in coordination with the Washington state apprenticeship training council, to establish behavioral health apprenticeship programs. The behavioral health apprenticeship programs shall be administered by the Washington state apprenticeship training council. The amounts provided in this subsection must be used to compensate behavioral health providers for the incurred operating costs associated with the apprenticeship program, including apprentice compensation, staff support and supervision of apprentices, development of on-the-job training catalogs for apprentices, and provider incentives for implementing a behavioral health apprenticeship program. In awarding this funding, special preference must be given to small or rural behavioral health providers and those that serve higher percentages of individuals from black, indigenous, and people of color communities.
(20) $65,000 of the accident accountstate appropriation and $66,000 of the medical aid accountstate appropriation are provided solely for the implementation of Substitute House Bill No. 1455 (social security/L&I & ESD). If the bill is not enacted by June 30, 2021, the amounts provided in this subsection shall lapse.
NEW SECTION.  Sec. 221. FOR THE DEPARTMENT OF VETERANS AFFAIRS
(1) The appropriations in this section are subject to the following conditions and limitations:
(a) The department of veterans affairs shall not initiate any services that will require expenditure of state general fund moneys unless expressly authorized in this act or other law. The department may seek, receive, and spend, under RCW 43.79.260 through 43.79.282, federal moneys that are unrelated to the coronavirus response and not anticipated in this act as long as the federal funding does not require expenditure of state moneys for the program in excess of amounts anticipated in this act. If the department receives unanticipated unrestricted federal moneys that are unrelated to the coronavirus response, those moneys must be spent for services authorized in this act or in any other legislation that provides appropriation authority, and an equal amount of appropriated state moneys shall lapse. Upon the lapsing of any moneys under this subsection, the office of financial management shall notify the legislative fiscal committees. As used in this subsection, "unrestricted federal moneys" includes block grants and other funds that federal law does not require to be spent on specifically defined projects or matched on a formula basis by state funds.
(b) Each year, there is fluctuation in the revenue collected to support the operation of the state veteran homes. When the department has foreknowledge that revenue will decrease, such as from a loss of census or from the elimination of a program, the legislature expects the department to make reasonable efforts to reduce expenditures in a commensurate manner and to demonstrate that it has made such efforts. In response to any request by the department for general fundstate appropriation to backfill a loss of revenue, the legislature shall consider the department's efforts in reducing its expenditures in light of known or anticipated decreases to revenues.
(2) HEADQUARTERS
General FundState Appropriation (FY 2022)
. . . .
$3,966,000
General FundState Appropriation (FY 2023)
. . . .
$3,791,000
Charitable, Educational, Penal, and Reformatory
Institutions AccountState Appropriation
. . . .
$10,000
TOTAL APPROPRIATION
. . . .
$7,767,000
(3) FIELD SERVICES
General FundState Appropriation (FY 2022)
. . . .
$8,121,000
General FundState Appropriation (FY 2023)
. . . .
$7,878,000
General FundFederal Appropriation
. . . .
$4,412,000
General FundPrivate/Local Appropriation
. . . .
$4,959,000
Veteran Estate Management AccountPrivate/Local
Appropriation
. . . .
$717,000
TOTAL APPROPRIATION
. . . .
$26,087,000
The appropriations in this subsection are subject to the following conditions and limitations:
(a) $449,000 of the general fundstate appropriation for fiscal year 2022 and $449,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for supporting the statewide plan to reduce suicide among service members, veterans, and their families. No later than December 1, 2022, the department must submit to the appropriate fiscal committees of the legislature a report that describes how the funding provided in this subsection was spent, including the numbers of individuals served and the types of services provided.
(b) $233,000 of the general fundstate appropriation for fiscal year 2022 and $233,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for the traumatic brain injury program to reduce homelessness, domestic violence, and intimate partner violence impacts to the behavioral health system and justice system. No later than December 1, 2022, the department must submit to the appropriate fiscal committees of the legislature a report that describes how the funding provided in this subsection was spent, including the numbers of individuals served and the types of services provided.
(c) $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 two veterans service officers, one located in eastern Washington and one located in western Washington.
(4) INSTITUTIONAL SERVICES
General FundState Appropriation (FY 2022)
. . . .
$10,991,000
General FundState Appropriation (FY 2023)
. . . .
$12,510,000
General FundFederal Appropriation
. . . .
$108,522,000
General FundPrivate/Local Appropriation
. . . .
$21,794,000
TOTAL APPROPRIATION
. . . .
$153,817,000
The appropriations in this subsection are subject to the following conditions and limitations:
(a) If the department receives additional unanticipated federal resources that are unrelated to the coronavirus response at any point during the remainder of the 2021-2023 fiscal biennium, an equal amount of general fundstate must be placed in unallotted status so as not to exceed the total appropriation level specified in this subsection. The department may submit as part of the policy level budget submittal documentation required by RCW 43.88.030 a request to maintain the general fundstate resources that were unallotted as required by this subsection.
(b) $234,000 of the general fundstate appropriation for fiscal year 2022 and $222,000 of the general fundstate appropriation for fiscal year 2023 are provided solely 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.
(5) CEMETERY SERVICES
General FundState Appropriation (FY 2022)
. . . .
$85,000
General FundState Appropriation (FY 2023)
. . . .
$101,000
General FundFederal Appropriation
. . . .
$710,000
TOTAL APPROPRIATION
. . . .
$896,000
NEW SECTION.  Sec. 222. FOR THE DEPARTMENT OF HEALTH
General FundState Appropriation (FY 2022)
. . . .
$99,870,000
General FundState Appropriation (FY 2023)
. . . .
$96,638,000
General FundFederal Appropriation
. . . .
$569,921,000
General FundPrivate/Local Appropriation
. . . .
$234,627,000
Hospital Data Collection AccountState Appropriation
. . . .
$428,000
Health Professions AccountState Appropriation
. . . .
$146,975,000
Aquatic Lands Enhancement AccountState
Appropriation
. . . .
$633,000
Emergency Medical Services and Trauma Care Systems
Trust AccountState Appropriation
. . . .
$10,053,000
Safe Drinking Water AccountState Appropriation
. . . .
$5,976,000
Drinking Water Assistance AccountFederal
Appropriation
. . . .
$16,759,000
Waterworks Operator Certification AccountState
Appropriation
. . . .
$1,978,000
Drinking Water Assistance Administrative Account
State Appropriation
. . . .
$1,604,000
Site Closure AccountState Appropriation
. . . .
$180,000
Biotoxin AccountState Appropriation
. . . .
$1,675,000
Model Toxics Control Operating AccountState
Appropriation
. . . .
$7,555,000
Medical Test Site Licensure AccountState
Appropriation
. . . .
$3,187,000
Secure Drug Take-Back Program AccountState
Appropriation
. . . .
$299,000
Youth Tobacco and Vapor Products Prevention Account
State Appropriation
. . . .
$3,222,000
Dedicated Marijuana AccountState Appropriation
(FY 2022)
. . . .
$10,538,000
Dedicated Marijuana AccountState Appropriation
(FY 2023)
. . . .
$10,562,000
Public Health Supplemental AccountPrivate/Local
Appropriation
. . . .
$3,619,000
Accident AccountState Appropriation
. . . .
$348,000
Medical Aid AccountState Appropriation
. . . .
$53,000
TOTAL APPROPRIATION
. . . .
$1,226,700,000
The appropriations in this section are subject to the following conditions and limitations:
(1) The department of health shall not initiate any services that will require expenditure of state general fund moneys unless expressly authorized in this act or other law. The department of health and the state board of health shall not implement any new or amended rules pertaining to primary and secondary school facilities until the rules and a final cost estimate have been presented to the legislature, and the legislature has formally funded implementation of the rules through the omnibus appropriations act or by statute. The department may seek, receive, and spend, under RCW 43.79.260 through 43.79.282, federal moneys not anticipated in this act as long as the federal funding does not require expenditure of state moneys for the program in excess of amounts anticipated in this act. If the department receives unanticipated unrestricted federal moneys, those moneys shall be spent for services authorized in this act or in any other legislation that provides appropriation authority, and an equal amount of appropriated state moneys shall lapse. Upon the lapsing of any moneys under this subsection, the office of financial management shall notify the legislative fiscal committees. As used in this subsection, "unrestricted federal moneys" includes block grants and other funds that federal law does not require to be spent on specifically defined projects or matched on a formula basis by state funds.
(2) During the 2021-2023 fiscal biennium, each person subject to RCW 43.70.110(3)(c) is required to pay only one surcharge of up to twenty-five dollars annually for the purposes of RCW 43.70.112, regardless of how many professional licenses the person holds.
(3) In accordance with RCW 43.70.110 and 71.24.037, the department is authorized to adopt license and certification fees in fiscal years 2022 and 2023 to support the costs of the regulatory program. The department's fee schedule shall have differential rates for providers with proof of accreditation from organizations that the department has determined to have substantially equivalent standards to those of the department, including but not limited to the joint commission on accreditation of health care organizations, the commission on accreditation of rehabilitation facilities, and the council on accreditation. To reflect the reduced costs associated with regulation of accredited programs, the department's fees for organizations with such proof of accreditation must reflect the lower costs of licensing for these programs than for other organizations which are not accredited.
(4) Within the amounts appropriated in this section, and in accordance with RCW 70.41.100, the department shall set fees to include the full costs of the performance of inspections pursuant to RCW 70.41.080.
(5) In accordance with RCW 43.70.110 and 71.24.037, the department is authorized to adopt fees for the review and approval of mental health and substance use disorder treatment programs in fiscal years 2022 and 2023 as necessary to support the costs of the regulatory program. The department's fee schedule must have differential rates for providers with proof of accreditation from organizations that the department has determined to have substantially equivalent standards to those of the department, including but not limited to the joint commission on accreditation of health care organizations, the commission on accreditation of rehabilitation facilities, and the council on accreditation. To reflect the reduced costs associated with regulation of accredited programs, the department's fees for organizations with such proof of accreditation must reflect the lower cost of licensing for these programs than for other organizations which are not accredited.
(6) The health care authority, the health benefit exchange, the department of social and health services, the department of health, and the department of children, youth, and families shall work together within existing resources to establish the health and human services enterprise coalition (the coalition). The coalition, led by the health care authority, must be a multi-organization collaborative that provides strategic direction and federal funding guidance for projects that have cross-organizational or enterprise impact, including information technology projects that affect organizations within the coalition. The office of the chief information officer shall maintain a statewide perspective when collaborating with the coalition to ensure that projects are planned for in a manner that ensures the efficient use of state resources and maximizes federal financial participation. The work of the coalition and any project identified as a coalition project is subject to the conditions, limitations, and review provided in section 701 of this act.
(7) $150,000 of the general fundstate appropriation for fiscal year 2022 and $150,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for the midwifery licensure and regulatory program to supplement revenue from fees. The department shall charge no more than five hundred twenty-five dollars annually for new or renewed licenses for the midwifery program.
(8) Within the amounts appropriated in this section, and in accordance with RCW 43.70.110 and 71.12.470, the department shall set fees to include the full costs of the performance of inspections pursuant to RCW 71.12.485.
(9) $26,855,000 of the general fundlocal appropriation is provided solely for the department to provide core medical services, case management, and support services for individuals living with human immunodeficiency virus.
(10) $17,000 of the health professions accountstate appropriation is provided solely for the implementation of Senate Bill No. 5018 (acupuncture and eastern med.) If the bill is not enacted by June 30, 2021, the amount provided in this subsection shall lapse.
(11) $703,000 of the general fundstate appropriation for fiscal year 2022 and $703,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for the implementation of Engrossed Second Substitute Senate Bill No. 5052 (health equity zones). If the bill is not enacted by June 30, 2021, the amounts provided in this subsection shall lapse.
(12) $73,000 of the general fundstate appropriation for fiscal year 2022 is provided solely for the implementation of Second Substitute Senate Bill No. 5062 (data). If the bill is not enacted by June 30, 2021, the amount provided in this subsection shall lapse.
(13) $79,000 of the general fundstate appropriation for fiscal year 2022 and $76,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for the implementation of Engrossed Substitute Senate Bill No. 5119 (individuals in custody). If the bill is not enacted by June 30, 2021, the amounts provided in this subsection shall lapse.
(14) $1,333,000 of the general fundstate appropriation for fiscal year 2022 and $1,117,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for the implementation of Engrossed Second Substitute Senate Bill No. 5141 (env. justice task force recs). If the bill is not enacted by June 30, 2021, the amounts provided in this subsection shall lapse.
(15) $13,000 of the general fundstate appropriation for fiscal year 2022 and $13,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for the implementation of Second Substitute Senate Bill No. 5195 (opioid overdose medication). If the bill is not enacted by June 30, 2021, the amounts provided in this subsection shall lapse.
(16) $74,000 of the general fundstate appropriation for fiscal year 2022 and $74,000 of the general fundfederal appropriation are provided solely for the implementation of Engrossed Substitute Senate Bill No. 5229 (health equity continuing ed.). If the bill is not enacted by June 30, 2021, the amounts provided in this subsection shall lapse.
(17) $50,000 of the general fundstate appropriation for fiscal year 2022 is provided solely for a grant to the Pierce county center for dispute resolution to convene a task force, staffed by the Pierce county center for dispute resolution, to review and make recommendations on bringing the current practice of dental therapy on tribal lands to a statewide scale, and on the practice, supervision, and practice settings needed to maximize the effectiveness of dental therapy. The Pierce county center for dispute resolution must submit a report to the legislature by December 1, 2021.
(a) Members of the task force must include:
(i) Three representatives from different organizations that represent individuals or underserved communities, including but not limited to children, seniors, African Americans, Latino Americans, Native Americans, Pacific Islander Americans, and low income and rural communities;
(ii) One member of the dental quality assurance commission;
(iii) One representative from the University of Washington school of dentistry;
(iv) One member from the Washington state dental association;
(v) One member from the Washington state dental hygienists' association;
(vi) One dental therapist;
(vii) One dentist who has or is currently supervising a dental therapist or therapists;
(viii) One representative from a dental only integrated delivery system;
(ix) One representative from an urban Indian health clinic;
(x) One representative from a federally qualified health center or the Washington association for community health;
(xi) One representative from a dental therapy education program;
(xii) One representative from a Washington tribe that currently employs dental therapists; and
(xiii) One representative from a labor union representing care providers that has experience providing dental coverage and promoting dental care among their members.
(b) In addition, members of the task force may include members from the legislature as follows:
(i) The president of the senate may appoint one member from each of the two largest caucuses of the senate; and
(ii) The speaker of the house of representatives may appoint one member from each of the two largest caucuses of the house of representatives.
(18) $492,000 of the general fundstate appropriation for fiscal year 2022 and $492,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for the department to coordinate with local health jurisdictions to establish and maintain comprehensive group B programs to ensure safe drinking water. These funds shall be used to support the costs of the development and adoption of rules, policies, and procedures, and for technical assistance, training, and other program-related costs.
(19) $96,000 of the general fundstate appropriation for fiscal year 2022 and $92,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for community outreach to prepare culturally and linguistically appropriate hepatitis B information in a digital format to be distributed to ethnic and cultural leaders and organizations to share with foreign-born and limited or non-English speaking community networks.
(20) $750,000 of the general fundstate appropriation for fiscal year 2022 and $750,000 of the general fundstate appropriation for fiscal year 2023 are provided solely to continue the collaboration between the local public health jurisdiction, related accountable communities of health, and health care providers to reduce potentially preventable hospitalizations in Pierce county. This collaboration will build from the first three years of the project, planning to align care coordination efforts across health care systems and support the related accountable communities of health initiatives, including innovative, collaborative models of care. Strategies to reduce costly hospitalizations include the following: (a) Working with partners to prevent chronic disease; (b) improving heart failure rates; (c) incorporating community health workers as part of the health care team and improving care coordination; (d) supporting the COVID-19 response with improved access to immunizations; and (e) the use of community health workers to provide necessary resources to prevent hospitalization of people who are in isolation and quarantine.
(21)(a) $200,000 of the general fundstate appropriation for fiscal year 2022 is provided solely for a task force, chaired by the secretary of the department, implemented by August 1, 2021, to assist with the development of a "parks Rx" health and wellness pilot program that can be implemented in the Puget Sound, eastern Washington, and southwest Washington regions of Washington state.
(b) Members of the task force must include:
(i) The secretary of health, or the secretary's designee;
(ii) The following members to be appointed by the secretary of health:
(A) Two representatives of local parks and recreation agencies, from recommendations by the Washington recreation and park association;
(B) Two representatives of health care providers and community health workers, from recommendations by the association of Washington healthcare plans from recommendations by the department community health worker training program;
(C) Two representatives from drug-free health care professions, one representing the interests of state associations representing chiropractors and one representing the interests of physical therapists and athletic trainers from recommendations by their respective state associations;
(D) Two representatives from hospital and health systems, from recommendations by the Washington state hospital association;
(E) Two representatives of local public health agencies, from recommendations by the Washington state association of local public health officials; and
(F) Two representatives representing health carriers, from recommendations from the association of Washington healthcare plans; and
(iii) A representative from the Washington state parks, as designated by the Washington state parks and recreation commission.
(c) The secretary of health or the secretary's designee must chair the task force created in this subsection. Staff support for the task force must be provided by the department of health.
(d) The task force shall establish an ad hoc advisory committee in each of the three pilot regions for purposes of soliciting input on the design and scope of the parks Rx program. Advisory committee membership may not exceed 16 persons and must include diverse representation from the pilot regions, including those experiencing significant health disparities.
(e) The task force must meet at least once bimonthly through June 2022.
(f) The duties of the task force are to advise the department of health on issues including but not limited to developing:
(i) A process to establish the pilot program described in this subsection around the state with a focused emphasis on diverse communities and where systematic inequities and discrimination have negatively affected health outcomes;
(ii) Model agreements that would enable insurers to offer incentives to public, nonprofit, and private employers to create wellness programs that offer employees a discount on health insurance in exchange for a certain usage level of outdoor parks and trails for recreation and physical activity; and
(iii) Recommendations on ways in which a public-private partnership approach may be utilized to fund the implementation of the pilot program described in this subsection.
(g) The members of the task force are encouraged to consider grant funding and outside funding options that can be used toward the pilot program.
(h) The department of health must report findings and recommendations of the task force to the governor and relevant committees of the legislature in compliance with RCW 43.01.036 by September 1, 2022.
(22) $50,000 of the general fundstate appropriation for fiscal year 2022 and $50,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for a work group to make recommendations concerning funding and policy initiatives to address the spread of sexually transmitted infections in Washington.
(a) The work group membership must include, but is not limited to, the following members appointed by the governor:
(i) A representative from the department of health office of infectious disease;
(ii) A representative from the pharmacy quality assurance commission;
(iii) A representative from the Washington medical commission;
(iv) A representative from an organization representing health care providers;
(v) A representative from a local health jurisdiction located east of the crest of the Cascade mountains;
(vi) A representative from a local health jurisdiction located west of the crest of the Cascade mountains;
(vii) At least one representative from an organization working to address health care access barriers for LGBTQ populations;
(viii) At least one representative from an organization working to address health care access barriers for communities of color; and
(ix) At least one representative from an organization working to address health care access barriers for justice involved individuals.
(b) Staff support for the work group shall be provided by the department of health.
(c) The work group shall submit a report to the legislature by December 1, 2022, that includes recommendations to: (i) Eradicate congenital syphilis and hepatitis B by 2030; (ii) control the spread of gonorrhea, syphilis, and chlamydia; (iii) end the need for confirmatory syphilis testing by the public health laboratory; and (d) expand access to PrEP and PEP.
(d) Recommendations provided by the work group must be prioritized based on need and available funding.
(23) $236,000 of the general fundstate appropriation for fiscal year 2022 and $236,000 of the general fundstate appropriation for fiscal year 2023 are provided solely to implement Engrossed Second Substitute House Bill No. 1152 (comprehensive public health districts). If the bill is not enacted by June 30, 2021, the amounts provided in this subsection shall lapse.
(24) $332,000 of the general fundstate appropriation for fiscal year 2022 and $1,885,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for the department to establish and operate regional shared service centers, regional health officers, and regional coordinators, as follows:
(a) The role and duties of the regional shared service centers shall be determined by the department and may include the coordination and facilitation of shared delivery of services under the foundational public health services, the implementation of Engrossed Second Substitute Senate Bill No. 5052 (health equity zones), and the development of relationships with other regional bodies, such as accountable communities of health.
(b) Regional health officers and regional coordinators must be employees of the department. The department may seek to colocate these employees with local health jurisdictions or other government agencies.
(c) The regional health officers shall be deputies of the state health officer. Regional health officers may: (i) Work in partnership with local health jurisdictions, the department, the state board of health, and federally recognized Indian tribes to provide coordination across counties; (ii) provide support to local health officers and serve as an alternative for local health officers during vacations and other absences, emergencies, and vacancies; and (iii) provide mentorship and training to new local health officers.
(d) A regional health officer must meet the same qualifications as local health officers provided in RCW 70.05.050.
(25) $34,000 of the general fundstate appropriation for fiscal year 2022 and $58,000 of the general fundlocal appropriation are 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 amounts provided in this subsection shall lapse.
(26) $832,000 of the general fundlocal appropriation and $554,000 of the health professions accountstate appropriation 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.
(27) $21,000 of the health professions accountstate appropriation is provided solely for implementation of House Bill No. 1063 (behav. health credentials). If the bill is not enacted by June 30, 2021, the amount provided in this subsection shall lapse.
(28) $374,000 of the general fundstate appropriation for fiscal year 2022 and $362,000 of the general fundstate 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 amount provided in this subsection shall lapse.
(29) $97,000 of the general fundlocal appropriation is provided solely for implementation of House Bill No. 1031 (birth cert., stillbirth). If the bill is not enacted by June 30, 2021, the amount provided in this subsection shall lapse.
(30) $200,000 of the general fundstate appropriation for fiscal year 2022 and $98,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for implementation of 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.
(31) $17,000 of the health professions accountstate appropriation is provided solely for implementation of Substitute House Bill No. 1007 (supervised exp./distance). If the bill is not enacted by June 30, 2021, the amount provided in this subsection shall lapse.
(32) $596,000 of the general fundstate appropriation for fiscal year 2022, $58,000 of the general fundstate appropriation for fiscal year 2023, and $64,000 of the hospital data collection account—state appropriation are provided solely for implementation of Engrossed Second Substitute House Bill No. 1272 (health system transparency). If the bill is not enacted by June 30, 2021, the amounts provided in this subsection shall lapse.
(33) $71,000 of the health professions accountstate appropriation is provided solely for implementation of Substitute House Bill No. 1129 (international medical grads). If the bill is not enacted by June 30, 2021, the amount provided in this subsection shall lapse.
(34) $2,809,000 of the model toxics control operating accountstate appropriation is provided solely for implementation of Engrossed Second Substitute House Bill No. 1139 (lead in drinking water). If the bill is not enacted by June 30, 2021, the amounts provided in this subsection shall lapse.
(35) $17,000 of the general fundstate appropriation for fiscal year 2022 is provided solely for implementation of Substitute House Bill No. 1383 (respiratory care). If the bill is not enacted by June 30, 2021, the amount provided in this subsection shall lapse.
(36) $92,000 of the general fundstate appropriation for fiscal year 2022 is provided solely for implementation of Engrossed Substitute House Bill No. 1184 (risk-based water standards). If the bill is not enacted by June 30, 2021, the amount provided in this subsection shall lapse.
(37) $516,000 of the general fundstate appropriation for fiscal year 2022 and $1,873,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for implementation of Substitute House Bill No. 1225 (school-based health centers). If the bill is not enacted by June 30, 2021, the amounts provided in this subsection shall lapse.
(38) $301,000 of the secure drug take-back program accountstate appropriation is provided solely for implementation of Second Substitute House Bill No. 1161 (drug take-back programs). If the bill is not enacted by June 30, 2021, the amount provided in this subsection shall lapse.
(39) $22,000 of the general fundstate appropriation for fiscal year 2022 and $78,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for implementation of Engrossed House Bill No. 1311 (SUD apprenticeships/certs). If the bill is not enacted by June 30, 2021, the amounts provided in this subsection shall lapse.
(40) $17,000 of the general fundstate appropriation for fiscal year 2022 is provided solely for implementation of House Bill No. 1378 (medical assistants). If the bill is not enacted by June 30, 2021, the amount provided in this subsection shall lapse.
(41) Within amounts appropriated in this section from the health professions account, the Washington nursing commission shall contract with the state auditor's office to conduct a performance audit, specifically addressing the length of time required to license individuals who come from other states. The audit should address the obstacles contributing to any delay and make recommendations for improvement.
(42) Within amounts appropriated in this section from the health professions account, the Washington medical commission shall contract with the state auditor's office to conduct a performance audit, which must address the length of time required to license individuals and comparatively analyze disciplinary processes with those of other states. The audit should address the obstacles contributing to inefficiencies and make recommendations for improvement.
(43) Within amounts appropriated in this section, the Washington nursing commission must hire sufficient staff to process applications for nursing licenses so that the time required for processing does not exceed seven days.
(44) $600,000 of the general fundstate appropriation for fiscal year 2022 and $600,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for the department to contract with a community-based nonprofit organization located in Yakima Valley to develop a Spanish language public radio media campaign aimed at providing education on the COVID-19 pandemic through an outreach program. The goal of the radio media campaign is to reach residents considered "essential workers," including but not limited to farmworkers, and provide information on best practices for limiting exposure, preventing transmission, and seeking treatment for COVID-19. The nonprofit organization must coordinate with medical professionals and other stakeholders on the content of the radio media campaign. The department, in coordination with the nonprofit, must provide a preliminary report to the legislature no later than December 31, 2021. A final report to the legislature must be submitted no later than June 30, 2023. Both reports must include: (a) A description of the outreach program and its implementation; (b) the number of individuals reached through the outreach program; and (c) any relevant demographic data regarding those individuals.
(45) $500,000 of the general fundstate appropriation for fiscal year 2022 and $500,000 of the general fundstate appropriation for fiscal year 2023 is provided solely for the Washington poison center. This funding is provided in addition to funding pursuant to RCW 69.50.540.
(46) $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 department to contract with a community-based nonprofit organization located in Yakima Valley to develop a Spanish-language public radio media campaign aimed at preventing opioid use disorders through education outreach programs. The goal of the radio media campaign is reaching underserved populations, who may have limited literacy and who may experience cultural and informational isolation, to address prevention, education and treatment for opioid users or those at risk for opioid use. The nonprofit organization must coordinate with stakeholders who are engaged in promoting healthy and educated choices about drug use and abuse to host four workshops and two conferences that present the latest research and best practices. The department, in coordination with the nonprofit, must provide a preliminary report to the legislature no later than December 31, 2022. A final report must be submitted to the legislature no later than June 30, 2023. Both reports must include: (a) A description of the outreach programs and their implementation; (b) a description of the workshops and conferences held; (c) the number of individuals who participated in or received services in relation to the outreach programs; and (d) any relevant demographic data regarding those individuals.
(47) $2,122,000 of the general fundstate appropriation for fiscal year 2022 and $2,122,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for the ongoing operations and maintenance of the prescription monitoring program maintained by the department.
(48) $2,325,000 of the general fundstate appropriation for fiscal year 2022 and $2,625,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for:
(a) Staffing by the department, the department of veterans affairs, and the department of corrections to expand statewide suicide prevention efforts, which efforts include suicide prevention efforts for military service members and veterans and incarcerated persons;
(b) A suicide prevention public awareness campaign to provide education regarding the signs of suicide, interventions, and resources for support;
(c) Additional staffing for call centers to support the increased volume of calls to suicide hotlines;
(d) Training for first responders to identify and respond to individuals experiencing suicidal ideation;
(e) Support for tribal suicide prevention efforts;
(f) Strengthening behavioral health and suicide prevention efforts in the agricultural sector;
(g) Support for the three priority areas of the governor's challenge regarding identifying suicide risk among service members and their families, increasing the awareness of resources available to service members and their families, and lethal means safety planning;
(h) Expansion of training for community health workers to include culturally informed training for suicide prevention;
(i) Coordination with the office of the superintendent of public instruction; and
(j) Support for the suicide prevention initiative housed in the University of Washington.
(49) $1,500,000 of the general fundstate appropriation for fiscal year 2022 and $1,500,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for the fruit and vegetable incentive program.
(50) $474,000 of the general fundstate appropriation for fiscal year 2022 is provided solely to implement Substitute House Bill No. 1218 (long-term care residents). If the bill is not enacted by June 30, 2021, the amount provided in this subsection shall lapse.
(51) $1,779,000 of the health professions accountstate appropriation is provided solely to implement Engrossed Second Substitute Senate Bill No. 1504 (workforce education development act). If the bill is not enacted by June 30, 2021, the amount provided in this subsection shall lapse.
(52) $627,000 of the general fundstate appropriation for fiscal year 2022 and $627,000 of the general fundstate appropriation for fiscal year 2023 are provided solely to implement the recommendations from the community health workers task force to provide statewide leadership, training, and integration of community health workers with insurers, health care providers, and public health systems.
(53) $250,000 of the general fundstate appropriation for fiscal year 2022 is provided solely for one-time grants to family planning clinics that are at risk of imminent closure, did not receive a paycheck protection program loan, and are ineligible for funding through the coronavirus aid, relief, and economic security (CARES) act or the coronavirus response and relief supplemental appropriations act of 2021 (CRRSA).
(54) $450,000 of the general fund—state appropriation for fiscal year 2022 is provided solely for the nursing care quality assurance commission, in collaboration with the workforce training and education coordinating board and the department of labor and industries, to plan a home care aide to nursing assistant certified to licensed practical nurse (HCA-NAC-LPN) apprenticeship pathway. The plan must provide the necessary groundwork for the launch of at least three licensed practical nurse apprenticeship programs in the next phase of work. The plan for the apprenticeship programs must include programs in at least three geographically disparate areas of the state experiencing high levels of long-term care workforce shortages for corresponding health professions and incorporate the participation of local workforce development councils for implementation.
(55) $85,000 of the general fundstate appropriation for fiscal year 2022 and $23,000 of the health professions accountstate appropriation are provided solely to implement Senate Bill No. 5124 (colon hydrotherapy). If the bill is not enacted by June 30, 2021, the amounts provided in this subsection shall lapse.
NEW SECTION.  Sec. 223. FOR THE DEPARTMENT OF CORRECTIONS
(1) ADMINISTRATION AND SUPPORT SERVICES
General FundState Appropriation (FY 2022)
. . . .
$77,278,000
General FundState Appropriation (FY 2023)
. . . .
$79,651,000
General FundFederal Appropriation
. . . .
$400,000
TOTAL APPROPRIATION
. . . .
$157,329,000
The appropriations in this subsection are subject to the following conditions and limitations:
(a) $1,135,000 of the general fundstate appropriation for fiscal year 2022 and $1,731,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for expansion of reentry supports and transition services for incarcerated individuals including development and implementation of a coaching model approach to supervision.
(b) Within the amounts provided in (a) of this subsection, $100,000 of the general fundstate appropriation for fiscal year 2022 is provided solely for the department to develop an implementation plan for a community supervision coaching model to begin in fiscal year 2023. The department must solicit input from incarcerated individuals, family members of incarcerated individuals, experts in supervision and reentry, community stakeholder and advocacy groups, and impacted labor organizations. The plan shall propose appropriate policies and procedures for the coaching model, including ongoing training and organizational culture assessments. During development of the plan, the department must consider potential inequities that may arise from any changes or additional requirements of supervision resulting from the model and mitigate those concerns to the greatest extent possible in its final plan. This plan must be submitted to the office of financial management prior to implementation.
(c) Within the amounts provided in (a) of this subsection, $706,000 of the general fundstate appropriation for fiscal year 2023 is provided solely for implementation of the plan to be developed under (b) of this subsection and for the department to submit an initial report to the legislature on the progress of implementation of the coaching supervision model by no later than February 1, 2023.
(d) $17,000 of the general fundstate appropriation for fiscal year 2022 and $17,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for implementation of Engrossed Second Substitute Senate Bill No. 5304 (providing reentry services to persons releasing from state and local institutions). If this bill is not enacted by June 30, 2021, the amounts provided in this subsection shall lapse.
(e) $197,000 of the general fundstate appropriation for fiscal year 2022 and $187,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for implementation of Engrossed Second Substitute Senate Bill No. 5259 (law enforcement data). If this bill is not enacted by June 30, 2021, the amounts provided in this subsection shall lapse.
(f)(i) $779,000 of the general fundstate appropriation for fiscal year 2022 and $817,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for increasing access to educational opportunities for incarcerated individuals.
(ii) Of the amounts provided in (f)(i) of this subsection, $680,000 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 implementation of Second Substitute House Bill No. 1044 (prison to postsecondary ed.). If this bill is not enacted by June 30, 2021, the amounts provided in this subsection shall lapse.
(2) CORRECTIONAL OPERATIONS
General FundState Appropriation (FY 2022)
. . . .
$602,497,000
General FundState Appropriation (FY 2023)
. . . .
$605,877,000
General FundFederal Appropriation
. . . .
$1,300,000
Washington Auto Theft Prevention Authority Account
State Appropriation
. . . .
$4,343,000
TOTAL APPROPRIATION
. . . .
$1,214,017,000
The appropriations in this subsection are subject to the following conditions and limitations:
(a) The department may contract for local jail beds statewide to the extent that it is at no net cost to the department. The department shall calculate and report the average cost per offender per day, inclusive of all services, on an annual basis for a facility that is representative of average medium or lower offender costs. The department shall not pay a rate greater than $85 per day per offender excluding the costs of department of corrections provided services, including evidence-based substance abuse programming, dedicated department of corrections classification staff on-site for individualized case management, transportation of offenders to and from department of corrections facilities, and gender responsive training for jail staff. The capacity provided at local correctional facilities must be for offenders whom the department of corrections defines as close medium or lower security offenders. Programming provided for offenders held in local jurisdictions is included in the rate, and details regarding the type and amount of programming, and any conditions regarding transferring offenders must be negotiated with the department as part of any contract. Local jurisdictions must provide health care to offenders that meets standards set by the department. The local jail must provide all medical care including unexpected emergent care. The department must utilize a screening process to ensure that offenders with existing extraordinary medical/mental health needs are not transferred to local jail facilities. If extraordinary medical conditions develop for an inmate while at a jail facility, the jail may transfer the offender back to the department, subject to terms of the negotiated agreement. Health care costs incurred prior to transfer are the responsibility of the jail.
(b) $501,000 of the general fundstate appropriation for fiscal year 2022 and $501,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for the department to maintain the facility, property, and assets at the institution formerly known as the maple lane school in Rochester.
(c) Funding in this subsection is sufficient for the department to track and report to the legislature on the changes in working conditions and overtime usage as a result of increased funding provided for custody relief and health care delivery by December 1, 2022.
(d) $39,000 of the general fundstate appropriation for fiscal year 2022 is provided solely for implementation of Engrossed Substitute House Bill No. 1054 (peace officer tactics, equip). If the bill is not enacted by June 30, 2021, the amount provided in this subsection shall lapse.
(3) COMMUNITY SUPERVISION
General FundState Appropriation (FY 2022)
. . . .
$248,374,000
General FundState Appropriation (FY 2023)
. . . .
$274,412,000
TOTAL APPROPRIATION
. . . .
$522,786,000
The appropriations in this subsection are subject to the following conditions and limitations:
(a) The department of corrections shall contract with local and tribal governments for jail capacity to house offenders who violate the terms of their community supervision. A contract rate increase may not exceed five percent each year. The department may negotiate to include medical care of offenders in the contract rate if medical payments conform to the department's offender health plan and pharmacy formulary, and all off-site medical expenses are preapproved by department utilization management staff. If medical care of offender is included in the contract rate, the contract rate may exceed five percent to include the cost of that service.
(b) The department shall engage in ongoing mitigation strategies to reduce the costs associated with community supervision violators, including improvements in data collection and reporting and alternatives to short-term confinement for low-level violators.
(c) $7,394,000 of the general fundstate appropriation for fiscal year 2023 is provided solely for implementation of the plan to be developed under subsection (1)(b) of this section.
(d) Within existing resources the department must update the response to violations and new criminal activity policy to reflect the savings assumed in this section as related to mandatory maximum confinement sanctions.
(e) $1,124,000 of the general fundstate appropriation for fiscal year 2022 and $523,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for increased costs associated with the relocation of leased facilities. The department shall engage in ongoing strategies to reduce the need for relocating facilities and when necessary contract only with lessors with rates that align with comparable market rates in the area.
(f) $59,000 of the general fundstate appropriation for fiscal year 2022 and $23,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for implementation of Engrossed Second Substitute Senate Bill No. 5071 (civil commitment transition). If this bill is not enacted by June 30, 2021, the amounts provided in this subsection shall lapse.
(g) $450,000 of the general fundstate appropriation for fiscal year 2022 is provided solely for conducting a community corrections caseload study. The department of corrections shall contract with an independent third party to provide a comprehensive review of the community corrections staffing model and develop an updated staffing model for use by the department of corrections. The updated model must include additional time and flexibility for community corrections officers to focus on case management, engagement, and interventions. The department of corrections shall submit a report, including a summary of the review and update, to the governor and appropriate committees of the legislature by July 1, 2022.
(4) CORRECTIONAL INDUSTRIES
General FundState Appropriation (FY 2022)
. . . .
$7,324,000
General FundState Appropriation (FY 2023)
. . . .
$7,539,000
TOTAL APPROPRIATION
. . . .
$14,863,000
(5) INTERAGENCY PAYMENTS
General FundState Appropriation (FY 2022)
. . . .
$58,651,000
General FundState Appropriation (FY 2023)
. . . .
$52,702,000
TOTAL APPROPRIATION
. . . .
$111,353,000
(6) OFFENDER CHANGE
General FundState Appropriation (FY 2022)
. . . .
$77,046,000
General FundState Appropriation (FY 2023)
. . . .
$77,596,000
TOTAL APPROPRIATION
. . . .
$154,642,000
The appropriations in this subsection are subject to the following conditions and limitations:
(a) The department of corrections shall use funds appropriated in this subsection (6) for offender programming. The department shall develop and implement a written comprehensive plan for offender programming that prioritizes programs which follow the risk-needs-responsivity model, are evidence-based, and have measurable outcomes. The department is authorized to discontinue ineffective programs and to repurpose underspent funds according to the priorities in the written plan.
(b) The department of corrections shall collaborate with the state health care authority to explore ways to utilize federal medicaid funds as a match to fund residential substance use disorder treatment-based alternative beds under RCW  9.94A.664 under the drug offender sentencing alternative program and residential substance use disorder treatment beds that serve individuals on community custody. The department of corrections must complete a report and submit its findings and recommendations to the appropriate committees of the legislature by December 15, 2021.
(c) $3,106,000 of the general fundstate appropriation for fiscal year 2022 and $3,106,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for the housing voucher program.
(d) $3,300,000 of the general fundstate appropriation for fiscal year 2022 is provided solely for temporary court facilities, staffing, and to provide release assistance, including limited housing and food assistance, and other costs associated with individuals resentenced or ordered released from confinement as a result of the State v. Blake decision.
(e)(i) $1,001,000 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 increasing access to educational opportunities for incarcerated individuals.
(ii) Of the amounts provided in (e)(i) of this subsection, $272,000 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 Second Substitute House Bill No. 1044 (prison to postsecondary ed.). If the bill is not enacted by June 30, 2021, the amounts provided in this subsection shall lapse.
(7) HEALTH CARE SERVICES
General FundState Appropriation (FY 2022)
. . . .
$174,184,000
General FundState Appropriation (FY 2023)
. . . .
$175,599,000
General FundFederal Appropriation
. . . .
$1,400,000
TOTAL APPROPRIATION
. . . .
$351,183,000
The appropriations in this subsection are subject to the following conditions and limitations:
(a) The state prison medical facilities may use funds appropriated in this subsection to purchase goods, supplies, and services through hospital or other group purchasing organizations when it is cost effective to do so.
(b) $183,000 of the general fundstate appropriation for fiscal year 2022 and $167,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for implementation of Engrossed Second Substitute Senate Bill No. 5304 (providing reentry services to persons releasing from state and local institutions). If the bill is not enacted by June 30, 2021, the amounts provided in this subsection shall lapse.
NEW SECTION.  Sec. 224. FOR THE DEPARTMENT OF SERVICES FOR THE BLIND
General FundState Appropriation (FY 2022)
. . . .
$3,534,000
General FundState Appropriation (FY 2023)
. . . .
$3,573,000
General FundFederal Appropriation
. . . .
$25,544,000
General FundPrivate/Local Appropriation
. . . .
$60,000
TOTAL APPROPRIATION
. . . .
$32,711,000
The appropriations in this subsection are subject to the following conditions and limitations:
(1) $50,000 of the general fundstate appropriation for fiscal year 2022 is provided solely for the department to consult with a food service architect to determine the feasibility and cost of remodels to select cafes owned by entrepreneurs participating in the business enterprise program, and to prepare a report that includes the results, recommendations, cost, and potential funding sources that could be used to assist with remodels. The report is due to the governor and appropriate legislative committees by November 1, 2021.
(2) $70,000 of the general fundstate appropriation is provided solely for the department to provide individualized training to its blind, visually-impaired, deaf, and hearing-impaired staff in Microsoft 365 programs.
NEW SECTION.  Sec. 225. FOR THE EMPLOYMENT SECURITY DEPARTMENT
General FundState Appropriation (FY 2022)
. . . .
$1,757,000
General FundState Appropriation (FY 2023)
. . . .
$2,834,000
General FundFederal Appropriation
. . . .
$382,529,000
General FundPrivate/Local Appropriation
. . . .
$36,416,000
Unemployment Compensation Administration Account
Federal Appropriation
. . . .
$420,315,000
Administrative Contingency AccountState
Appropriation
. . . .
$26,636,000
Employment Service Administrative AccountState
Appropriation
. . . .
$60,926,000
Family and Medical Leave Insurance AccountState
Appropriation
. . . .
$139,697,000
Workforce Education Investment AccountState
Appropriation
. . . .
$7,400,000
Long-Term Services and Supports Trust AccountState
Appropriation
. . . .
$32,265,000
Coronavirus State Fiscal Recovery FundFederal
Appropriation
. . . .
$168,745,000
Unemployment Insurance Relief AccountState
Appropriation
. . . .
$500,000,000
TOTAL APPROPRIATION
. . . .
$1,779,520,000
The appropriations in this subsection are subject to the following conditions and limitations:
(1) The department is directed to maximize the use of federal funds. The department must update its budget annually to align expenditures with anticipated changes in projected revenues.
(2) $30,458,000 of the long-term services and supports trust accountstate appropriation is provided solely for implementation of the long-term services and support trust program. Of this amount, $10,932,833 is provided for implementation of the long-term services and support trust program information technology project and is subject to the conditions, limitations, and review provided in section 701 of this act.
(3) Within existing resources, the department must reassess its ongoing staffing and funding needs for the paid family medical leave program and submit documentation of the updated need to the governor and appropriate committees of the legislature by September 1, 2021, and annually thereafter.
(4) $101,000 of the employment service administrative accountstate appropriation is provided solely for information technology enhancements necessary for implementation of job title reporting and is subject to the conditions, limitations, and review provided in section 701 of this act.
(5)(a) Within existing resources, the department shall coordinate outreach and education to paid family and medical leave benefit recipients with a statewide family resource, referral, and linkage system that connects families with children prenatal through age five and residing in Washington state to appropriate services and community resources. This coordination shall include but is not limited to placing information about the statewide family resource, referral, and linkage system on the paid family and medical leave program web site and in printed materials, and conducting joint events.
(b) Within existing resources, by December 1, 2021, and each year thereafter, the department shall submit a report to the governor and the appropriate committees of the legislature concerning the ability for the paid family and medical leave program and a statewide family resource, referral, and linkage system to provide integrated services to eligible beneficiaries. The report shall include an analysis of any statutory changes needed to allow information and data to be shared between the statewide family resource, referral, and linkage system and the paid family and medical leave program.
(6) Within existing resources, the department shall report the following to the legislature and the governor by September 30, 2021, and each year thereafter:
(a) An inventory of the department's programs, services, and activities, identifying federal, state, and other funding sources for each;
(b) Federal grants received by the department, segregated by line of business or activity, for the most recent five fiscal years, and the applicable rules;
(c) State funding available to the department, segregated by line of business or activity, for the most recent five fiscal years;
(d) A history of staffing levels by line of business or activity, identifying sources of state or federal funding, for the most recent five fiscal years;
(e) A projected spending plan for the employment services administrative account and the administrative contingency account. The spending plan must include forecasted revenues and estimated expenditures under various economic scenarios.
(7) $3,264,000 of the employment services administrative accountstate appropriation is provided solely for the continuation of the office of agricultural and seasonal workforce services.
(8) $476,000 of the unemployment compensation administration accountfederal appropriation is provided for the department to implement chapter 2, Laws of 2021 (unemployment insurance). If the department does not receive adequate funding from the United States department of labor to cover these costs, the department may use funding made available to the state through section 903 (d), (f), and (g) of the social security act (Reed act) in an amount not to exceed the amount provided in this subsection (8).
(9) $875,000 of the general fundstate appropriation for fiscal year 2022, $875,000 of the general fundstate appropriation for fiscal year 2023, and $7,385,000 of the workforce education investment accountstate appropriation are provided solely for career connected learning grants as provided in RCW 28C.30.050.
(10) $1,222,000 of the employment services administrative accountstate appropriation and $1,500,000 of the family and medical leave insurance accountstate appropriation are provided solely for the maintenance and operation of the disaster recovery continuity of operations information technology project.
(11) $80,000 of the employment services administrative accountstate appropriation is provided solely for the department to produce a report on the feasibility of replicating the existing unemployment insurance program to serve individuals not eligible for unemployment insurance due to immigration status. The study shall identify programmatic differences that would mitigate barriers to access and reduce fear of participation and identify the operational and caseload costs associated with the replication. If using a replica of the unemployment insurance program conflicts with federal law, the study shall assess the operational and caseload costs of similar social net programs that serve individuals regardless of their citizenship status. The departments shall jointly submit recommendations required by this section to the governor and appropriate legislative committees no later than November 5, 2021. The department shall:
(a) Work with the departments of labor and industries, social and health services, and commerce and the office of the governor;
(b) Convene and meet at least three times with a group of eight to ten external stakeholders comprised of representatives from geographically diverse immigrant advocacy groups, labor organizations with a state-wide presence, workers' rights groups, and legal and policy advocacy groups focused on immigration and employment law; and
(c) Hold at least one listening session with community members.
(12) $41,456,000 of the general fundfederal appropriation (ARPA) and $2,684,000 of the general fundfederal appropriation (CRF) are provided solely for the department to address the impacts of COVID-19 on the state unemployment system in order to prevent and detect fraud, promote equitable access to the unemployment insurance system, and ensure the timely payment of unemployment insurance benefits. Of the amounts provided in this subsection:
(a) $22,346,000 of the general fundfederal appropriation (ARPA) is provided solely for the department to address an anticipated increase in the unemployment insurance appeals caseload.
(b) $5,768,000 of the general fundfederal appropriation (ARPA) is provided solely for the department to ensure adequate security measures are in place to prevent unemployment insurance fraud.
(c) $4,465,000 of the general fundfederal appropriation (ARPA) is provided solely for the department to migrate and upgrade the unemployment insurance customer call center phone system to a cloud-based system. Prior to executing a contract, the department shall consult with the office of the chief information officer. The department must ensure that the project plan, timeline with quantifiable deliverables, and budget by fiscal year by fund, to include ongoing costs by fiscal year, are adhered to. The department shall report on the status of the project to the office of financial management and the relevant committees of the legislature by December 1, 2021.
(d) $400,000 of the general fundfederal appropriation (ARPA) is provided solely for translation of documents and letters and other improvements to ensure customer ease-of-access.
(e) $4,477,000 of the general fundfederal appropriation (ARPA) is provided for the department to process the unemployment insurance claimant backlog and to make program changes that enhance user experience in order to reduce claimant errors.
(f) $1,417,000 of the general fundfederal appropriation (CRF) is provided solely for the department to contract with the national guard to assist the department with its unemployment insurance claims backlog.
(g) $1,267,000 of the general fundfederal appropriation (CRF) is provided solely for the department to contract with a vendor to provide fact-finding services related to unemployment insurance claims.
(h) $4,000,000 of the general fundfederal appropriation (ARPA) for fiscal year 2022 is provided solely for the department to translate notices sent to claimants as part of their unemployment insurance claims into any of the 10 languages most frequently spoken in the state. The department must also ensure that letters, alerts, and notices produced manually or by the department's unemployment insurance technology system are written in plainly understood language and evaluated for ease of claimant comprehension before they are approved for use.
(13) $10,000,000 of the unemployment compensation administration accountfederal appropriation is provided solely for the department to make information technology improvements to improve user experience and increase security to prevent unemployment insurance fraud. If the department does not receive adequate funding from the United States department of labor to cover these costs, the department may use funding made available to the state through section 903 (d), (f), and (g) of the social security act (Reed act) in an amount not to exceed the amount provided in this subsection. This subsection is subject to the conditions, limitations, and review provided in section 701 of this act.
(14) Within existing resources, the department shall report to the legislature by September 2, 2021, the following information pertaining to the unemployment insurance program:
(a) The number of full time equivalent employees of the department who were working in the unemployment insurance program, including those who were reassigned internally to the unemployment insurance program, the number of full time equivalent employees that were contracted by the department from other state agencies, and the number of contractors or consultants engaged by the department, on a monthly basis beginning March 1, 2020, through the latest available month;
(b) A projection of full-time equivalent staffing or contractor needs that would be affordable within anticipated base and above-base federal unemployment administrative revenues;
(c) A spending plan for anticipated federal unemployment revenues other than base or above-base revenues, including any proposed additional full-time equivalent staff, consultants, contractors, or other investments related to helping the department reduce the backlog of unemployment insurance claims, appeals, denials, overpayments, and other claimant issues; and
(d) A budget for the unemployment insurance program, showing expenditures by object and fund source, for fiscal years 2022 and 2023, along with any projected shortfalls in revenues.
(15) $797,000 of the general fundstate appropriation for fiscal year 2022, $1,874,000 of the general fundstate appropriation for fiscal year 2023, and $979,000 of the family medical leave insurance accountstate appropriation is provided solely for the implementation of Engrossed Substitute Senate Bill No. 5097 (paid leave coverage). If the bill is not enacted by June 30, 2021, the amount provided in this subsection shall lapse.
(16) $90,000 of the unemployment accountfederal appropriation is provided solely for the implementation of Engrossed Substitute Senate Bill No. 5190 (health care workers/benefits). If the bill is not enacted by June 30, 2021, the amount provided in this subsection shall lapse.
(17) $5,322,000 of the unemployment accountfederal appropriation is provided solely for the department to implement Engrossed Substitute Senate Bill No. 5193 (unemployment ins. system). If the bill is not enacted by July 1, 2021, the amount provided in this subsection shall lapse.
(18) $168,745,000 of the coronavirus state fiscal recovery accountfederal appropriation is provided solely for the implementation of Engrossed Second Substitute House Bill No. 1073 (paid leave coverage). Of the amount provided in this subsection, at least 95 percent is provided solely for grants and assistance awarded by the department pursuant to the bill. If the bill is not enacted by June 30, 2021, the amount provided in this subsection shall lapse.
(19) $500,000,000 of the unemployment insurance relief fundstate appropriation is provided solely for the implementation of unemployment insurance relief provided pursuant to Engrossed Substitute Senate Bill No. 5478 (unemployment insurance). If the bill is not enacted by June 30, 2021, the amount provided in this subsection shall lapse. The department is directed to implement the bill within existing resources.
(20) $1,806,000 of the long-term services and supports trust accountstate appropriation is provided solely for the implementation of Substitute House Bill No. 1323 (long-term services trust). If the bill is not enacted by June 30, 2021, the amount provided in this subsection shall lapse.
(21) $1,075,000 of the unemployment accountfederal appropriation is provided solely for the implementation of Substitute House Bill No. 1455 (social security/L&I & ESD). If the bill is not enacted by June 30, 2021, the amount provided in this subsection shall lapse.
(22) $10,571,000 of the general fundfederal appropriation is provided solely for administration costs related to the federal unemployment insurance programs extended under the American rescue plan act of 2021, P.L. 117-2.
(23) $50,000 of the general fundstate appropriation for fiscal year 2022 and $50,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for the North Central educational service district 171 to support the development of industry and education partnerships and expand career awareness, exploration and preparation activities for youth in Grant county.
NEW SECTION.  Sec. 226. FOR THE DEPARTMENT OF CHILDREN, YOUTH, AND FAMILIESGENERAL
(1) The appropriations to the department of children, youth, and families in this act shall be expended for the programs and in the amounts specified in this act. Appropriations made in this act to the department of children, youth, and families shall initially be allotted as required by this act. The department shall seek approval from the office of financial management prior to transferring moneys between sections of this act except as expressly provided in this act. 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 health care authority, the health benefit exchange, the department of social and health services, the department of health, and the department of children, youth, and families shall work together within existing resources to establish the health and human services enterprise coalition (the coalition). The coalition, led by the health care authority, must be a multi-organization collaborative that provides strategic direction and federal funding guidance for projects that have cross-organizational or enterprise impact, including information technology projects that affect organizations within the coalition. The office of the chief information officer shall maintain a statewide perspective when collaborating with the coalition to ensure that projects are planned for in a manner that ensures the efficient use of state resources and maximizes federal financial participation. The work of the coalition and any project identified as a coalition project is subject to the conditions, limitations, and review provided in section 701 of this act.
(3) Information technology projects or investments and proposed projects or investments impacting time capture, payroll and payment processes and systems, eligibility, case management, and authorization systems within the department are subject to technical oversight by the office of the chief information officer.
NEW SECTION.  Sec. 227. FOR THE DEPARTMENT OF CHILDREN, YOUTH, AND FAMILIESCHILDREN AND FAMILIES SERVICES PROGRAM
General FundState Appropriation (FY 2022)
. . . .
$389,597,000
General FundState Appropriation (FY 2023)
. . . .
$403,209,000
General FundFederal Appropriation
. . . .
$475,829,000
General FundPrivate/Local Appropriation
. . . .
$2,824,000
Coronavirus State Fiscal Recovery FundFederal
Appropriation
. . . .
$5,500,000
TOTAL APPROPRIATION
. . . .
$1,276,959,000
The appropriations in this section are subject to the following conditions and limitations:
(1) $748,000 of the general fundstate appropriation for fiscal year 2022 and $748,000 of the general fund—state appropriation for fiscal year 2023 are provided solely to contract for the operation of one pediatric interim care center. The center shall provide residential care for up to thirteen children through two years of age. Seventy-five percent of the children served by the center must be in need of special care as a result of substance abuse by their mothers. The center shall also provide on-site training to biological, adoptive, or foster parents. The center shall provide at least three months of consultation and support to the parents accepting placement of children from the center. The center may recruit new and current foster and adoptive parents for infants served by the center. The department shall not require case management as a condition of the contract. No later than December 1, 2021, the department must, in consultation with the health care authority, report to the appropriate legislative committees on potential options to maximize federal funding for the center, including any potential for the center to bill managed care organizations for services provided to medicaid recipients.
(2) $453,000 of the general fundstate appropriation for fiscal year 2022 and $453,000 of the general fund—state appropriation for fiscal year 2023 are provided solely for the costs of hub home foster families that provide a foster care delivery model that includes a hub home. Use of the hub home model is intended to support foster parent retention, improve child outcomes, and encourage the least restrictive community placements for children in out-of-home care.
(3) $579,000 of the general fundstate appropriation for fiscal year 2022 and $579,000 of the general fund—state appropriation for fiscal year 2023 and $110,000 of the general fund—federal appropriation are provided solely for a receiving care center east of the Cascade mountains.
(4) $1,245,000 of the general fundstate appropriation for fiscal year 2022 and $1,245,000 of the general fund—state appropriation for fiscal year 2023 are provided solely for services provided through children's advocacy centers.
(5) In fiscal year 2022 and in fiscal year 2023, the department shall provide a tracking report for social service specialists and corresponding social services support staff to the office of financial management, and the appropriate policy and fiscal committees of the legislature. The report shall detail progress toward meeting the targeted 1:18 caseload ratio standard for child and family welfare services caseload-carrying staff and targeted 1:8 caseload ratio standard for child protection services caseload carrying staff. To the extent to which the information is available, the report shall include the following information identified separately for social service specialists doing case management work, supervisory work, and administrative support staff, and identified separately by job duty or program, including but not limited to intake, child protective services investigations, child protective services family assessment response, and child and family welfare services:
(a) Total full time equivalent employee authority, allotments and expenditures by region, office, classification and band, and job duty or program;
(b) Vacancy rates by region, office, and classification and band; and
(c) Average length of employment with the department, and when applicable, the date of exit for staff exiting employment with the department by region, office, classification and band, and job duty or program.
(6) $94,000 of the general fundstate appropriation for fiscal year 2022 and $94,000 of the general fund—state appropriation for fiscal year 2023 are provided solely for a contract with a child advocacy center in Spokane to provide continuum of care services for children who have experienced abuse or neglect and their families.
(7)(a) $539,000 of the general fundstate appropriation for fiscal year 2022, $540,000 of the general fundstate appropriation for fiscal year 2023, $656,000 of the general fund private/local appropriation, and $252,000 of the general fundfederal appropriation are provided solely for a contract with an educational advocacy provider with expertise in foster care educational outreach. The amounts in this subsection are provided solely for contracted education coordinators to assist foster children in succeeding in K-12 and higher education systems and to assure a focus on education during the department's transition to performance-based contracts. Funding must be prioritized to regions with high numbers of foster care youth, or regions where backlogs of youth that have formerly requested educational outreach services exist. The department is encouraged to use private matching funds to maintain educational advocacy services.
(b) The department shall contract with the office of the superintendent of public instruction, which in turn shall contract with a nongovernmental entity or entities to provide educational advocacy services pursuant to RCW 28A.300.590.
(8) $375,000 of the general fundstate appropriation for fiscal year 2022, $375,000 of the general fundstate appropriation for fiscal year 2023, and $112,000 of the general fundfederal appropriation are provided solely for the department to develop, implement, and expand strategies to improve the capacity, reliability, and effectiveness of contracted visitation services for children in temporary out-of-home care and their parents and siblings. Strategies may include, but are not limited to, increasing mileage reimbursement for providers, offering transportation-only contract options, and mechanisms to reduce the level of parent-child supervision when doing so is in the best interest of the child. The department shall report to the office of financial management and the relevant fiscal and policy committees of the legislature regarding these strategies by November 1, 2022. The report shall include the number and percentage of parents requiring supervised visitation and the number and percentage of parents with unsupervised visitation, prior to reunification.
(9) For purposes of meeting the state's maintenance of effort for the state supplemental payment program, the department of children, youth, and families shall track and report to the department of social and health services the monthly state supplemental payment amounts attributable to foster care children who meet eligibility requirements specified in the state supplemental payment state plan. Such expenditures must equal at least $3,100,000 annually and may not be claimed toward any other federal maintenance of effort requirement. Annual state supplemental payment expenditure targets must continue to be established by the department of social and health services. Attributable amounts must be communicated by the department of children, youth, and families to the department of social and health services on a monthly basis.
(10) $2,230,000 of the general fundstate appropriation for fiscal year 2022, $2,230,000 of the general fundstate appropriation for fiscal year 2023, and $156,000 of the general fundfederal appropriation are provided solely to increase the travel reimbursement for in-home service providers.
(11) $197,000 of the general fundstate appropriation for fiscal year 2022 and $197,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for the department to conduct biennial inspections and certifications of facilities, both overnight and day shelters, that serve those who are under 18 years old and are homeless.
(12) $6,195,000 of the general fundstate appropriation for fiscal year 2022, $6,195,000 of the general fundstate appropriation for fiscal year 2023, and $1,188,000 of the general fundfederal appropriation are provided solely for the department to operate emergent placement and enhanced emergent placement contracts.
(a) The department shall not include the costs to operate emergent placement contracts in the calculations for family foster home maintenance payments and shall submit as part of the budget submittal documentation required by RCW 43.88.030 any costs associated with increases in the number of emergent placement contract beds after the effective date of this section that cannot be sustained within existing appropriations.
(b) Beginning October 1, 2021, and every quarter thereafter, the department shall publish on its website the rates or fees paid for emergent placement contracts, the number of beds retained, and the number of beds purchased. If the department determines that there is a need to increase the rates or fees paid or the number of beds retained or purchased under this subsection, the secretary shall request authorization from the office of financial management and notify the fiscal committees of the legislature.
(13) Beginning January 1, 2022, and continuing through the 2021-2023 fiscal biennium, the department must provide semi-annual reports to the governor and appropriate legislative committees that includes the number of in-state behavioral rehabilitation services providers and licensed beds, the number of out-of-state behavioral rehabilitation services placements, and a comparison of these numbers to the same metrics expressed as an average over the prior six months. The report shall identify separately beds with the enhanced behavioral rehabilitation services rate. Effective January 1, 2022, and to the extent the information is available, the report will include the same information for emergency placement services beds and enhanced emergency placement services beds.
(14) $250,000 of the general fundstate appropriation for fiscal year 2022 and $250,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for implementing the supportive visitation model that utilizes trained visit navigators to provide a structured and positive visitation experience for children and their parents.
(15) $600,000 of the general fundstate appropriation for fiscal year 2022 and $600,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for enhanced adoption placement services for legally free children in state custody, through a partnership with a national nonprofit organization with private matching funds. These funds must supplement, but not supplant, the work of the department to secure permanent adoptive homes for children with high needs.
(16) The department of children, youth, and families shall make foster care maintenance payments to programs where children are placed with a parent in a residential program for substance abuse treatment. These maintenance payments are considered foster care maintenance payments for purposes of forecasting and budgeting at maintenance level as required by RCW 43.88.058.
(17) $2,000,000 of the general fundstate appropriation for fiscal year 2022 and $2,000,000 of the general fundfederal appropriation for fiscal year 2023 are provided solely for the department to contract with one or more nonprofit, nongovernmental organizations to purchase and deliver concrete goods to low-income families.
(18) $5,500,000 of the general fundfederal appropriation (ARPA/CSFRF) is provided solely for one-time $250 per child grants to families on behalf of up to 22,000 children who may be at risk of child welfare system involvement and have experienced economic impacts of the COVID-19 pandemic.
(19) The department is authorized to use the amounts provided in this section for services and maintenance payments to former dependent youth as authorized and directed in the supporting foster youth and families through the pandemic act, P.L. 116-260, division X.
(20) $387,000 of the general fundstate appropriation for fiscal year 2022, $393,000 of the general fundstate appropriation for fiscal year 2023, and $143,000 of the general fundfederal appropriation are provided solely to increase all fees paid to child-placing agencies by 7.5 percent, effective July 1, 2021.
(21)(a) $739,000 of the general fundstate appropriation for fiscal year 2022, $702,000 of the general fundstate appropriation for fiscal year 2023, and $482,000 of the general fundfederal appropriation are provided solely for the department of children, youth, and families to create and implement a new approach to transition planning for young people preparing to exit the child welfare system and juvenile rehabilitation institutions, pursuant to the recommendations in the improving stability for youth exiting systems of care report submitted in January 2020 as required by RCW 43.330.720. The department must engage young people, caregivers, providers, and other stakeholders in the creation and implementation of the approach by:
(i) Providing one statewide adolescent transitions program manager and six adolescent liaisons, one in each region of the department, who are dedicated to supporting the transition planning approaches developed by the department, providing program oversight, and supporting improved outcomes for adolescents during the transition to adulthood; and
(ii) Strengthening the administration and competency of the independent living program and direct independent living services. No later than June 1, 2022, the department must centralize administration of its independent living program and develop a framework for service delivery, including best practice recommendations. The framework must be codesigned with adolescents, caregivers, providers, and stakeholders. No later than June 30, 2022, the department must develop and launch a competitive request for proposal process to solicit bidders to provide independent living services under the new framework.
(b) No later than November 30, 2022, the department must report to the governor and appropriate legislative committees on the implementation of the new approach to transition planning, the new independent living framework, and the state's capacity to provide high-quality transition services, including independent living services, to youth and young adults exiting the child welfare system and juvenile rehabilitation institutions. The report must identify any remaining service gaps that prevent statewide implementation and address the additional resources needed to improve outcomes for young people exiting these systems of care.
(22) $2,400,000 of the general fundstate appropriation for fiscal year 2022 and $2,400,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for implementation of performance-based contracts for family support and related services pursuant to RCW 74.13B.020.
(23) The appropriations in this section include sufficient funding for continued implementation of chapter 80, Laws of 2018 (2SSB 6453) (kinship caregiver legal support).
(24) The appropriations in this section include sufficient funding to implement chapter 51, Laws of 2020 (SHB 2873) (families in conflict).
(25) $511,000 of the general fundstate appropriation for fiscal year 2023 and $153,000 of the general fundfederal appropriation are provided solely to implement 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.
(26) $219,000 of the general fundstate appropriation for fiscal year 2022, $208,000 of the general fundstate appropriation for fiscal year 2023, and $295,000 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.
(27) $29,000 of the general fundstate appropriation for fiscal year 2022 is 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 amount provided in this subsection shall lapse.
(28) $451,000 of the general fundstate appropriation for fiscal year 2022 and $662,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for the department to contract with a community organization with expertise in the LifeSet case management model to serve youth and adults currently being served in or exiting the foster care, juvenile justice, and mental health systems to successfully transition to adulthood.
(29) $326,000 of the general fundstate appropriation for fiscal year 2022, $326,000 of the general fundstate appropriation for fiscal year 2023, and $148,000 of the general fundfederal appropriation are provided solely to implement Engrossed Second Substitute House Bill No. 1194 (parent-child visitation). If the bill is not enacted by June 30, 2021, the amounts provided in this subsection shall lapse.
(30) $499,000 of the general fundstate appropriation for fiscal year 2022, $499,000 of the general fundstate appropriation for fiscal year 2023, and $310,000 of the general fundfederal appropriation are provided solely to expand the family connections program in two areas of the state in which the program is not already established as of the effective date of this section. One expansion site must be located west of the crest of the Cascade mountain range and the other expansion site must be located east of the crest of the Cascade mountain range. The program expansion must follow the family connections program model pursuant to RCW 74.13.715. To operate the two expansion sites, the department must contract with a community-based organization that has experience working with the foster care population and administering the family connections program.
(31) $25,000 of the general fundstate appropriation for fiscal year 2023 and $25,000 of the general fundfederal appropriation (ARPA) are provided solely for the department to implement Engrossed Second Substitute House Bill No. 1227 (child abuse allegations). If the bill is not enacted by June 30, 2021, the amounts provided in this subsection shall lapse.
(32) If the department receives an allocation of federal funding through an unanticipated receipt, the department shall not expend more than what was approved or for another purpose than what was approved by the governor through the unanticipated receipt process pursuant to RCW 43.79.280.
NEW SECTION.  Sec. 228. FOR THE DEPARTMENT OF CHILDREN, YOUTH, AND FAMILIESJUVENILE REHABILITATION PROGRAM
General FundState Appropriation (FY 2022)
. . . .
$127,325,000
General FundState Appropriation (FY 2023)
. . . .
$129,690,000
General FundFederal Appropriation
. . . .
$3,464,000
General FundPrivate/Local Appropriation
. . . .
$1,787,000
Washington Auto Theft Prevention Authority Account
State Appropriation
. . . .
$196,000
TOTAL APPROPRIATION
. . . .
$262,462,000
The appropriations in this section are subject to the following conditions and limitations:
(1) $331,000 of the general fundstate appropriation for fiscal year 2022 and $331,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for deposit in the county criminal justice assistance account for costs to the criminal justice system associated with the implementation of chapter 338, Laws of 1997 (juvenile code revisions). The amounts provided in this subsection are intended to provide funding for county adult court costs associated with the implementation of chapter 338, Laws of 1997 and shall be distributed in accordance with RCW 82.14.310.
(2) $2,841,000 of the general fundstate appropriation for fiscal year 2022 and $2,841,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for grants to county juvenile courts for the juvenile justice programs identified by the Washington state institute for public policy in its report: "Inventory of Evidence-based, Research-based, and Promising Practices for Prevention and Intervention Services for Children and Juveniles in the Child Welfare, Juvenile Justice, and Mental Health Systems." Additional funding for this purpose is provided through an interagency agreement with the health care authority. County juvenile courts shall apply to the department of children, youth, and families for funding for program-specific participation and the department shall provide grants to the courts consistent with the per-participant treatment costs identified by the institute.
(3) $1,537,000 of the general fundstate appropriation for fiscal year 2022 and $1,537,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for expansion of the juvenile justice treatments and therapies in department of children, youth, and families programs identified by the Washington state institute for public policy in its report: "Inventory of Evidence-based, Research-based, and Promising Practices for Prevention and Intervention Services for Children and Juveniles in the Child Welfare, Juvenile Justice, and Mental Health Systems." The department may concentrate delivery of these treatments and therapies at a limited number of programs to deliver the treatments in a cost-effective manner.
(4)(a) $6,198,000 of the general fundstate appropriation for fiscal year 2022 and $6,198,000 of the general fundstate appropriation for fiscal year 2023 are provided solely to implement evidence- and research-based programs through community juvenile accountability grants, administration of the grants, and evaluations of programs funded by the grants. In addition to funding provided in this subsection, funding to implement alcohol and substance abuse treatment programs for locally committed offenders is provided through an interagency agreement with the health care authority.
(b) The department of children, youth, and families shall administer a block grant to county juvenile courts for the purpose of serving youth as defined in RCW 13.40.510(4)(a) in the county juvenile justice system. Funds dedicated to the block grant include: Consolidated juvenile service (CJS) funds, community juvenile accountability act (CJAA) grants, chemical dependency/mental health disposition alternative (CDDA), and suspended disposition alternative (SDA). The department of children, youth, and families shall follow the following formula and must prioritize evidence-based programs and disposition alternatives and take into account juvenile courts program-eligible youth in conjunction with the number of youth served in each approved evidence-based program or disposition alternative: (i) Thirty-seven and one-half percent for the at-risk population of youth ten to seventeen years old; (ii) fifteen percent for the assessment of low, moderate, and high-risk youth; (iii) twenty-five percent for evidence-based program participation; (iv) seventeen and one-half percent for minority populations; (v) three percent for the chemical dependency and mental health disposition alternative; and (vi) two percent for the suspended dispositional alternatives. Funding for the special sex offender disposition alternative (SSODA) shall not be included in the block grant, but allocated on the average daily population in juvenile courts. Funding for the evidence-based expansion grants shall be excluded from the block grant formula. Funds may be used for promising practices when approved by the department of children, youth, and families and juvenile courts, through the community juvenile accountability act committee, based on the criteria established in consultation with Washington state institute for public policy and the juvenile courts.
(c) The department of children, youth, and families and the juvenile courts shall establish a block grant funding formula oversight committee with equal representation from the department of children, youth, and families and the juvenile courts. The purpose of this committee is to assess the ongoing implementation of the block grant funding formula, utilizing data-driven decision making and the most current available information. The committee will be co-chaired by the department of children, youth, and families and the juvenile courts, who will also have the ability to change members of the committee as needed to achieve its purpose. The committee may make changes to the formula categories in (d)(ii) of this subsection if it determines the changes will increase statewide service delivery or effectiveness of evidence-based program or disposition alternative resulting in increased cost/benefit savings to the state, including long-term cost/benefit savings. The committee must also consider these outcomes in determining when evidence-based expansion or special sex offender disposition alternative funds should be included in the block grant or left separate.
(d) The juvenile courts and administrative office of the courts must collect and distribute information and provide access to the data systems to the department of children, youth, and families and the Washington state institute for public policy related to program and outcome data. The department of children, youth, and families and the juvenile courts must work collaboratively to develop program outcomes that reinforce the greatest cost/benefit to the state in the implementation of evidence-based practices and disposition alternatives.
(5) $1,352,000 of the general fundstate appropriation for fiscal year 2022 and $1,352,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for funding of the teamchild project.
(6) $283,000 of the general fundstate appropriation for fiscal year 2022 and $283,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for the juvenile detention alternatives initiative.
(7) $500,000 of the general fundstate appropriation for fiscal year 2022 and $500,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for a grant program focused on criminal street gang prevention and intervention. The department of children, youth, and families may award grants under this subsection. The department of children, youth, and families shall give priority to applicants who have demonstrated the greatest problems with criminal street gangs. Applicants composed of, at a minimum, one or more local governmental entities and one or more nonprofit, nongovernmental organizations that have a documented history of creating and administering effective criminal street gang prevention and intervention programs may apply for funding under this subsection. Each entity receiving funds must report to the department of children, youth, and families on the number and types of youth served, the services provided, and the impact of those services on the youth and the community.
(8) The juvenile rehabilitation institutions may use funding appropriated in this subsection to purchase goods, supplies, and services through hospital group purchasing organizations when it is cost-effective to do so.
(9) $50,000 of the general fundstate appropriation for fiscal year 2022 and $50,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for grants to county juvenile courts to establish alternative detention facilities similar to the proctor house model in Jefferson county, Washington, that will provide less restrictive confinement alternatives to youth in their local communities. County juvenile courts shall apply to the department of children, youth, and families for funding and each entity receiving funds must report to the department on the number and types of youth serviced, the services provided, and the impact of those services on the youth and the community.
(10) $432,000 of the general fundstate appropriation for fiscal year 2022 and $432,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for the department to provide housing services to clients releasing from incarceration into the community.
(11) $100,000 of the general fundstate appropriation for fiscal year 2022 is provided solely to assess the juvenile court assessment tool. The juvenile rehabilitation program shall contract with the Washington state institute for public policy to review the standardized juvenile court assessment tool to access whether it accurately determines eligibility criteria and properly assigns youth to programs that meet their needs. The institute must work in collaboration with the juvenile block grant proviso committee.
(12)(a) $773,000 of the general fundstate appropriation for fiscal year 2022 and $986,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for implementation of Engrossed Second Substitute House Bill No. 1186 (concerning juvenile rehabilitation community transition services). If the bill is not enacted by June 30, 2021, the amounts provided in this subsection shall lapse.
(b) Of the amounts provided in (a) of this subsection, $50,000 of the general fundstate appropriation for fiscal year 2022 and $105,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for housing vouchers.
(13) $128,000 of the general fundstate appropriation for fiscal year 2022 is 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 amount provided in this subsection shall lapse.
(14) $122,000 of the general fundstate appropriation for fiscal year 2022 and $123,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for implementation of Engrossed Substitute Senate Bill No. 5118 (supporting successful reentry). If the bill is not enacted by June 30, 2021, the amounts provided in this subsection shall lapse.
(15) Sufficient funding is provided within this section for implementation of Engrossed Second Substitute Senate Bill No. 5304 (reentry services/state and local institutions).
(16) Within existing resources, the department shall evaluate the Martin hall juvenile detention facility located in Medical Lake as an option for increased capacity needs for the juvenile rehabilitation program.
NEW SECTION.  Sec. 229. FOR THE DEPARTMENT OF CHILDREN, YOUTH, AND FAMILIESEARLY LEARNING PROGRAM
General FundState Appropriation (FY 2022)
. . . .
$289,936,000
General FundState Appropriation (FY 2023)
. . . .
$348,787,000
General FundFederal Appropriation
. . . .
$1,066,945,000
General FundPrivate/Local Appropriation
. . . .
$86,000
Education Legacy Trust AccountState Appropriation
. . . .
$28,127,000
Home Visiting Services AccountState Appropriation
. . . .
$23,966,000
Home Visiting Services AccountFederal Appropriation
. . . .
$29,776,000
Washington Opportunity Pathways AccountState
Appropriation
. . . .
$80,000,000
Workforce Education Investment AccountState
Appropriation
. . . .
$8,482,000
TOTAL APPROPRIATION
. . . .
$1,876,105,000
The appropriations in this section are subject to the following conditions and limitations:
(1)(a) $80,273,000 of the general fundstate appropriation for fiscal year 2022, $119,932,000 of the general fundstate appropriation for fiscal year 2023, $24,070,000 of the education legacy trust accountstate appropriation, $80,000,000 of the opportunity pathways accountstate appropriation, and $25,452,000 of the general fundfederal appropriation (CRRSA/GEER) are provided solely for the early childhood education and assistance program. These amounts shall support at least 15,162 slots in fiscal year 2022 and 15,912 slots in fiscal year 2023. Of the total slots in each fiscal year, 100 slots must be reserved for foster children to receive school-year-round enrollment.
(b) Of the amounts provided in this subsection, $14,930,000 of the general fundstate appropriation for fiscal year 2023 and $14,889,000 of the general fundfederal appropriation (CRRSA/GEER) are for a slot rate increase of ten percent beginning July 1, 2021. The funding provided in this subsection is sufficient for the department to increase rates according to inflation, pursuant to Engrossed Second Substitute Senate Bill No. 5237 (child care & early dev. exp.), beginning in fiscal year 2023 and annually thereafter.
(c) The department of children, youth, and families must develop a methodology to identify, at the school district level, the geographic locations of where early childhood education and assistance program slots are needed to meet the entitlement specified in RCW 43.216.556. This methodology must be linked to the caseload forecast produced by the caseload forecast council and must include estimates of the number of slots needed at each school district and the corresponding facility needs required to meet the entitlement in accordance with RCW 43.216.556. This methodology must be included as part of the budget submittal documentation required by RCW 43.88.030.
(2) $200,000 of the general fundstate appropriation for fiscal year 2022 and $200,000 of the general fundstate appropriation for fiscal year 2023 are provided solely to develop and provide culturally relevant supports for parents, family, and other caregivers.
(3) The department is the lead agency for and recipient of the federal child care and development fund grant. Amounts within this grant shall be used to fund child care licensing, quality initiatives, agency administration, and other costs associated with child care subsidies.
(4) The legislature recognizes that the federal government has provided substantial additional funding through the coronavirus response and relief supplemental appropriations act, P.L. 116-260, division M. and the American rescue plan act of 2021, P.L. 117-2. The purpose of the additional federal funding is to ensure access to affordable child care and to stabilize and support child care providers from the effects of the COVID-19 pandemic. The legislature intends with the passage of Engrossed Second Substitute Senate Bill No. 5237 (child care & early dev. exp.) to implement these federal purposes by expanding eligibility for subsidized child care, reducing parent copayments, increasing provider base rates to recognize increased costs, and providing other financial support to stabilize the child care sector to remain open or to reopen. The legislature finds that the state lacked the fiscal capacity to make these investments and the additional federal funding has provided the opportunity to supplement state funding to expand and accelerate child care access, affordability, and provider support as the state navigates the COVID-19 pandemic and its aftermath.
(5) $20,110,000 of the general fundstate appropriation in fiscal year 2022, $45,757,000 of the general fundstate appropriation in fiscal year 2023, $8,482,000 of the workforce education investment accountstate appropriation, $283,375,000 of the general fundfederal appropriation, $59,893,000 of the general fundfederal appropriation (CARES), $65,482,000 of the general fundfederal appropriation (CRRSA), and $111,252,000 of the general fundfederal appropriation (ARPA) are provided solely for the working connections child care program under RCW 43.216.135. Of the amounts provided in this subsection:
(a) The department of children, youth, and families shall work in collaboration with the department of social and health services to determine the appropriate amount of state expenditures for the working connections child care program to claim towards the state's maintenance of effort for the temporary assistance for needy families program. The departments will also collaborate to track the average monthly child care subsidy caseload and expenditures by fund type, including child care development fund, general fundstate appropriation, and temporary assistance for needy families for the purpose of estimating the annual temporary assistance for needy families reimbursement from the department of social and health services to the department of children, youth, and families. Effective December 1, 2022, and annually thereafter, the department of children, youth, and families must report to the governor and the appropriate fiscal and policy committees of the legislature the total state contribution for the working connections child care program claimed the previous fiscal year towards the state's maintenance of effort for the temporary assistance for needy families program and the total temporary assistance for needy families reimbursement from the department of social and health services for the previous fiscal year.
(b) $6,390,000 is for the compensation components of the 2021-2023 collective bargaining agreement covering family child care providers as provided in section 947 of this act. Of the amounts provided in this subsection:
(i) $4,410,000 is for a 35 cent per hour per child rate increase for family, friends, and neighbor providers (FFNs) beginning July 1, 2022;
(ii) $854,000 is to increase the rate paid to providers who reach level 3.5 of the state's early achievers quality rating system by two percent beginning July 1, 2021; and
(iii) $1,126,000 is to increase the nonstandard hour care rate by $10.00 per child per month beginning July 1, 2021.
(c) $59,893,000 of the general fundfederal appropriation (CARES), $65,925,000 of the general fundfederal appropriation (CRRSA), and $99,918,000 of the general fundfederal appropriation (ARPA) are provided solely for enhancements to the working child care connections program, pursuant to Engrossed Second Substitute Senate Bill No. 5237 (child care & early dev. exp.). Of the amounts provided in this subsection:
(i) $28,759,000 of the general fundfederal appropriation (CARES), $11,993,000 of the general fundfederal appropriation (CRRSA), and $35,979,000 of the general fundfederal appropriation (ARPA) are provided solely for the implementation of reduced household child care monthly copayments. For households at or below 50 percent of the state median income, copayments are capped at $115 through January 1, 2022, and $90 from January 1, 2022, through fiscal year 2023. For households at or below 60 percent of the state median income, copayments are capped at $115 through June 30, 2023.
(ii) $31,134,000 of the general fundfederal appropriation (CARES), $40,195,000 of the general fundfederal appropriation (CRRSA), and $45,476,000 of the general fundfederal appropriation (ARPA) are provided solely to increase subsidy base rates to the 85th percentile of market for child care providers. The state and the representative for family child care providers must enter into bargaining over the implementation of subsidy rate increases, and apply those increases consistent with the terms of this proviso and the agreement reached between the parties.
(iii) $3,930,000 of the general fundfederal appropriation (CRRSA) and $4,903,000 of the general fundfederal appropriation (ARPA) are provided solely to waive work requirements for student parents utilizing the working connections child care program.
(iv) $6,726,000 of the general fundfederal appropriation (CRRSA) and $10,633,000 of the general fundfederal appropriation (ARPA) are provided solely to expand eligibility for the working connections child care program to households at or below 60 percent of state median income, beginning October 1, 2021.
(v) $1,549,000 of the general fundfederal appropriation (CRRSA) and $982,000 of the general fundfederal appropriation (ARPA) are provided solely for the department to implement an infant rate enhancement for child care providers.
(d) In order to not exceed the appropriated amount, the department shall manage the program so that the average monthly caseload does not exceed 33,000 households and the department shall give prioritized access into the program according to the following order:
(i) Families applying for or receiving temporary assistance for needy families (TANF);
(ii) TANF families curing sanction;
(iii) Foster children;
(iv) Families that include a child with special needs;
(v) Families in which a parent of a child in care is a minor who is not living with a parent or guardian and who is a full-time student in a high school that has a school-sponsored on-site child care center;
(vi) Families with a child residing with a biological parent or guardian who have received child protective services, child welfare services, or a family assessment response from the department in the past six months, and have received a referral for child care as part of the family's case management;
(vii) Families that received subsidies within the last thirty days and:
(A) Have reapplied for subsidies; and
(B) Have household income of 60 percent of the state median income or below; and
(viii) All other eligible families.
(e) On July 1, 2021, and July 1, 2022, the department, in collaboration with the department of social and health services, must report to the governor and the appropriate fiscal and policy committees of the legislature on the status of overpayments in the working connections child care program. The report must include the following information for the previous fiscal year:
(i) A summary of the number of overpayments that occurred;
(ii) The reason for each overpayment;
(iii) The total cost of overpayments;
(iv) A comparison to overpayments that occurred in the past two preceding fiscal years; and
(v) Any planned modifications to internal processes that will take place in the coming fiscal year to further reduce the occurrence of overpayments.
(6) Within available amounts, the department in consultation with the office of financial management shall report enrollments and active caseload for the working connections child care program to the governor and the legislative fiscal committees and the legislative-executive WorkFirst poverty reduction oversight task force on an agreed upon schedule. The report shall also identify the number of cases participating in both temporary assistance for needy families and working connections child care. The department must also report on the number of children served through contracted slots.
(7) $623,000 of the general fundstate appropriation for fiscal year 2022, $935,000 of the general fundstate appropriation for fiscal year 2023, and $6,701,000 of the general fundfederal appropriation are provided solely for the seasonal child care program.
(8) $871,000 of the general fundstate appropriation for fiscal year 2022 and $871,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for the department of children, youth, and families to contract with a countywide nonprofit organization with early childhood expertise in Pierce county for a pilot project to prevent child abuse and neglect using nationally recognized models.
(a) The nonprofit organization must continue to implement a countywide resource and referral linkage system for families of children who are prenatal through age five.
(b) The nonprofit organization must offer a voluntary brief newborn home visiting program. The program must meet the diverse needs of Pierce county residents and, therefore, it must be flexible, culturally appropriate, and culturally responsive. The department, in collaboration with the nonprofit organization, must examine the feasibility of leveraging federal and other fund sources, including federal Title IV-E and medicaid funds, for home visiting provided through the pilot. The department must report its findings to the governor and appropriate legislative committees by September 1, 2022.
(9)(a) $5,899,000 of the general fundstate appropriation for fiscal year 2022 and $8,382,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for the early childhood intervention prevention services (ECLIPSE) program. The department shall contract for ECLIPSE services to provide therapeutic child care and other specialized treatment services to abused, neglected, at-risk, and/or drug-affected children. The department shall pursue opportunities to leverage other funding to continue and expand ECLIPSE services. Priority for services shall be given to children referred from the department.
(b) Of the amounts provided in this subsection (9), $1,246,000 of the general fundstate appropriation for fiscal year 2022 and $3,719,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for the expansion of ECLIPSE services, pursuant to Engrossed Second Substitute Senate Bill No. 5237 (child care & early dev. exp.). Funding provided for the expansion of services is intended to serve new geographic areas not currently served by ECLIPSE services. If the bill is not enacted by June 30, 2021, the amounts provided in this subsection (9)(b) shall lapse.
(10) The department shall place a ten percent administrative overhead cap on any contract entered into with the University of Washington. In a bi-annual report to the governor and the legislature, the department shall report the total amount of funds spent on the quality rating and improvements system and the total amount of funds spent on degree incentives, scholarships, and tuition reimbursements.
(11) $1,728,000 of the general fundstate appropriation for fiscal year 2022 and $1,728,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for reducing barriers for low-income providers to participate in the early achievers program.
(12) $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 contract with a nonprofit entity experienced in the provision of promoting early literacy for children through pediatric office visits.
(13) $4,000,000 of the education legacy trust accountstate appropriation is provided solely for early intervention assessment and services.
(14) The department shall work with state and local law enforcement, federally recognized tribal governments, and tribal law enforcement to develop a process for expediting fingerprinting and data collection necessary to conduct background checks for tribal early learning and child care providers.
(15) $100,000 of the general fundstate appropriation for fiscal year 2022 and $100,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for implementation of chapter 202, Laws of 2017 (children's mental health).
(16) Within existing resources, the department shall implement chapter 409, Laws of 2019 (early learning access).
(17)(a) $7,355,000 of the general fundstate appropriation for fiscal year 2022, $11,126,000 of the general fundstate appropriation for fiscal year 2023, $11,032,000 of the general fundfederal appropriation (CRRSA), and $9,632,000 of the general fundfederal appropriation (ARPA) are provided solely for the implementation of Engrossed Second Substitute Senate Bill No. 5237 (child care & early dev. exp.). If the bill is not enacted by June 30, 2021, the amounts provided in this subsection shall lapse. The legislature intends for the appropriations provided in this subsection to stabilize and support child care providers and early learning contractors and to expand families' access to affordable, quality child care and early learning during and after the COVID-19 public health emergency. Of the amounts provided in this subsection:
(i) $2,535,000 of the general fundstate appropriation for fiscal year 2022, $2,535,000 of the general fundstate appropriation for fiscal year 2023, and $4,604,000 of the general fundfederal appropriation (CRRSA) are provided solely for the implementation of complex needs funds.
(ii) $966,000 of the general fundfederal appropriation (CRRSA) and $1,836,000 of the general fundfederal appropriation (ARPA) are provided solely for the implementation of trauma-informed care supports.
(iii) $180,000 of the general fundstate appropriation for fiscal year 2022 and $3,200,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for the department to implement dual language rate enhancements.
(iv) $671,000 of the general fundstate appropriation for fiscal year 2022, $656,000 of the general fundstate appropriation for fiscal year 2023, and $3,982,000 of the general fundfederal appropriation (ARPA) are provided solely for the implementation of equity grants.
(v) $773,000 of the general fundstate appropriation for fiscal year 2022, $773,000 of the general fundstate appropriation for fiscal year 2023, $1,500,000 of the general fundfederal appropriation (CRRSA), and $900,000 of the general fundfederal appropriation (ARPA) are provided solely for infant and early childhood mental health consultation.
(vi) $365,000 of the general fundfederal appropriation (CRRSA) and $495,000 of the general fundfederal appropriation (ARPA) are provided solely for the expansion of family, friend, and neighbor child care play and learn groups.
(vii) $930,000 of the general fundstate appropriation for fiscal year 2022, $1,075,000 of the general fundstate appropriation for fiscal year 2023, $3,597,000 of the general fundfederal appropriation (CRRSA), and $2,419,000 of the general fundfederal appropriation (ARPA) are provided solely for the implementation of trainings, early achievers scholarships, and other professional development activities. Amounts provided in this subsection may be used to contract with a nonprofit organization that provides relationship-based professional development support to family, friend, and neighbor, child care center, and licensed family care providers.
(viii) $1,585,000 of the general fundstate appropriation for fiscal year 2022 and $2,196,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for the department to expand the birth-to-three early childhood education and assistance program.
(ix) $421,000 of the general fundstate appropriation for fiscal year 2022 and $408,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for the department to collaborate with the department of commerce on technical assistance to employers interested in providing child care to employees.
(b) The state and the representative for family child care providers must enter into bargaining over the implementation of grants and rate increases included in this proviso, and apply those increases consistent with the terms of this proviso and the agreement reached between the parties.
(18) $265,000 of the general fundstate appropriation for fiscal year 2022 and $265,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for a statewide family resource and referral linkage system, with coordinated access point of resource navigators who will connect families with children prenatal through age five with services, programs, and community resources through a facilitated referral and linkage process.
(19)(a) $414,000 of the general fundfederal appropriation (ARPA) is provided solely for the department to establish a pilot project to determine the feasibility of a child care license category for multi-site programs operating under one owner or one entity. The department shall adopt rules to implement the pilot project and may waive or adapt licensing requirements when necessary to allow for the operation of a new license category. Pilot participants must include, at least:
(i) One governmental agency;
(ii) One nonprofit organization; and
(iii) One for-profit private business.
(b) New or existing license child care providers may participate in the pilot. When selecting and approving pilot project locations, the department shall aim to select a mix of rural, urban, and suburban locations. By July 1, 2024, the department shall submit to the relevant committees of the legislature recommendations on whether to permanently implement this license category and what, if any, changes are needed to law to accomplish this.
(20)(a) $2,771,000 of the home visiting accountstate appropriation for fiscal year 2022, $5,299,000 of the home visiting accountstate appropriation for fiscal year 2023, and $3,000,000 of the general fundfederal appropriation (ARPA) are provided to expand home visiting services, enhance data collection, and support the local implementing agencies providing home visiting services. The department shall:
(i) Contract with local implementing agencies to expand home visiting services by October 1, 2021; and
(ii) Provide semiannual updates to the home visiting advisory committee established in RCW 43.216.130 that includes an updated number of families served in home visiting programs and a status of the home visiting services account balance.
(iii) The home visiting advisory committee established in RCW 43.216.130 shall make recommendations to the department and the legislature by June 1, 2022, containing strategies for supporting home visiting providers and serving additional families. Recommendations should include, but are not limited to, strategies in the 2019 report to the legislature Opportunities and Considerations for Expanding Home Visiting Services in Washington State, such as enhancing data system collections and reporting, professional development supports, and rate adjustments to reimburse for the true cost of service delivery.
(b) Of the amounts provided in (a) of this subsection, $2,528,000 of the home visiting accountstate appropriation for fiscal year 2023 and $3,000,000 of the general fundfederal appropriation (ARPA) are provided for additional home visiting services in order to implement 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.
(21) The appropriations in this section are sufficient funding to implement section 29 of Substitute Senate Bill No. 5151 (foster care & child care).
(22)(a) $390,600,000 of the general fundfederal appropriation (ARPA) and $9,400,000 of the general fundfederal appropriation (CARES) are provided solely for the department to distribute grants to child care providers to stabilize the child care industry as part of the state's response to the COVID-19 public health emergency. Child care providers are eligible for grants if they are eligible for child care development fund moneys or if they are licensed, regulated, or registered within the state. The funding provided in this subsection must be expended consistent with federal law. Of the amounts provided in this subsection:
(i) $27,342,000 of the general fundfederal appropriation (ARPA) is provided solely for the department to administer the grant program, including but not limited to costs related to creating and administering the online grant application, providing technical assistance and support for applying for and accessing the grants, publicizing the availability of the grants, and processing applications on a rolling basis.
(ii) $11,718,000 of the general fundfederal appropriation (ARPA) is provided solely for the department to contract with an organization to provide language access support to child care providers during the grant application process, including but not limited to translation services, community-based support related to the grant application process, and other grant application support.
(iii) $351,540,000 of the general fundfederal appropriation (ARPA) and $9,400,000 of the general fundfederal appropriation (CARES) are provided solely for child care stabilization grants to eligible child care providers as defined in section 2202 of the American rescue plan act of 2021 (ARPA). In applying for grants, child care providers are expected to meet the certification requirements defined in section 2202(d)(2)(D)(i) of ARPA. To the extent practicable, at least 10 percent of each grant awarded to an eligible child care provider must be used for compensation increases to employees working at a provider's facility. The department must make its best efforts to distribute 75 percent of the funding provided in this subsection by January 1, 2022, with the remaining 25 percent distributed by June 30, 2022. To the extent practicable, the department must prioritize: Providers in child care deserts; providers serving or located in marginalized, low-income communities or communities of color; and providers that help support racial equity across the state. In processing applications, to the extent practicable the department must also prioritize grant applications that include funding for the following purposes:
(A) Rent or mortgage payments;
(B) Copayment or tuition waivers for families receiving care, including refunds or credits to families who are not attending but are paying tuition in order to maintain a child's spot in the facility;
(C) Child care for historically disadvantaged populations;
(D) Child care during the summer months;
(E) Child care during nonstandard hours;
(F) Child care for school-age children;
(G) Outreach to families who may have stopped attending due to cost;
(H) Mental health supports for children and employees;
(I) Broadband access for child care providers that care for school-age children; and
(J) Personnel costs, including compensation, benefits, health care premium pay, or paid leave.
(b) Nothing in this subsection changes the department's responsibility to collectively bargain over mandatory subjects consistent with RCW 41.56.028(3) or limits the legislature's authority to make programmatic modifications to licensed child care and early learning programs consistent with legislative reservation of rights under RCW 41.56.028(4)(d).
(23) $500,000 of the general fundfederal appropriation (CARES) is provided solely for the department to hire two temporary language access coordinators with specialties in Spanish and Somali to address immediate language access needs at the department related to COVID-19 child care relief and recovery in department programs, including but not limited to:
(a) Translation of department materials;
(b) Outreach to community organizations serving multilingual children and families regarding department programs;
(c) Webinars and other technical assistance provided in Spanish and Somali for department programs; and
(d) Other means of increasing language access and equity for early learning providers and caregivers in health and safety, licensing and regulations, and public funding opportunities for programs offered by the department.
(24) $100,000 of the general fundstate appropriation for fiscal year 2022 and $30,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for the department to convene a work group that assesses and provides recommendations for creating new infrastructures and funding streams that support youth development. The work group must include representatives from community-based organizations providing youth development programs, including expanded learning, mentoring, school age child care, and wrap around supports and integrated student support. The department must report its findings and recommendations to the governor and legislature by September 1, 2022. The report must include the following recommendations:
(a) Programmatic changes for breaking down silos and barriers for youth programming between state agencies;
(b) The appropriate program within the department to develop meaningful youth-level, research-based prevention and promotion outcomes, and to support community-based organizations providing those outcomes;
(c) The establishment of a state grant program to provide quality youth development opportunities for children and youth ages five through high school graduation; and
(d) Strategies to increase access to youth development programs for prioritized populations such as children of color, foster children, children experiencing homelessness, and children involved in the justice system.
(25) $27,000 of the general fundstate appropriation for fiscal year 2022 is provided solely for the implementation of Second Substitute House Bill No. 1127 (COVID-19 health data privacy). If the bill is not enacted by June 30, 2021, the amount provided in this subsection shall lapse.
(26) $5,548,000 of the general fundfederal appropriation (ARPA) is provided solely for allocations from federal funding as authorized in section 2014, the American rescue plan act of 2021, P.L. 117-2.
(27)(a) The department must provide to the education research and data center, housed at the office of financial management, data on all state-funded early childhood programs. These programs include the early support for infants and toddlers, early childhood education and assistance program (ECEAP), and the working connections and seasonal subsidized childcare programs including license-exempt facilities or family, friend, and neighbor care. The data provided by the department to the education research data center must include information on children who participate in these programs, including their name and date of birth, and dates the child received services at a particular facility.
(b) ECEAP early learning professionals must enter any new qualifications into the department's professional development registry starting in the 2015-16 school year, and every school year thereafter. By October 2017, and every October thereafter, the department must provide updated ECEAP early learning professional data to the education research data center.
(c) The department must request federally funded head start programs to voluntarily provide data to the department and the education research data center that is equivalent to what is being provided for state-funded programs.
(d) The education research and data center must provide an updated report on early childhood program participation and K-12 outcomes to the house of representatives appropriations committee and the senate ways and means committee using available data every March for the previous school year.
(e) The department, in consultation with the department of social and health services, must withhold payment for services to early childhood programs that do not report on the name, date of birth, and the dates a child received services at a particular facility.
(28) Funding in this section is sufficient for the department to collaborate with the department of commerce 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.
(29) $900,000 of the general fundstate appropriation for fiscal year 2022 is provided solely for the department to provide early childhood education and assistance program services during July and August of 2021 to address learning loss and to meet the unique educational and other needs of 468 children whose enrollment was interrupted or delayed due to the COVID-19 public health emergency.
NEW SECTION.  Sec. 230. FOR THE DEPARTMENT OF CHILDREN, YOUTH, AND FAMILIESPROGRAM SUPPORT
General FundState Appropriation (FY 2022)
. . . .
$171,339,000
General FundState Appropriation (FY 2023)
. . . .
$171,554,000
General FundFederal Appropriation
. . . .
$194,079,000
General FundPrivate/Local Appropriation
. . . .
$394,000
Education Legacy Trust AccountState Appropriation
. . . .
$180,000
Home Visiting Services AccountState Appropriation
. . . .
$458,000
Home Visiting Services AccountFederal Appropriation
. . . .
$380,000
TOTAL APPROPRIATION
. . . .
$538,384,000
The appropriations in this section are subject to the following conditions and limitations:
(1) $400,000 of the general fundstate appropriation for fiscal year 2022 and $400,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for a Washington state mentoring organization to continue its public-private partnerships providing technical assistance and training to mentoring programs that serve at-risk youth.
(2) $1,000 of the general fundstate appropriation for fiscal year 2022, $1,000 of the general fundstate appropriation for fiscal year 2023, and $2,000 of the general fundfederal appropriation are provided solely for the implementation of an agreement reached between the governor and the Washington federation of state employees for the language access providers under the provisions of chapter 41.56 RCW for the 2021-2023 fiscal biennium, as provided in section 945 of this act.
(3) $100,000 of the general fundstate appropriation for fiscal year 2022 and $100,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for a full-time employee to coordinate policies and programs to support pregnant and parenting individuals receiving chemical dependency or substance use disorder treatment.
(4) $505,000 of the general fundstate appropriation for fiscal year 2022 and $505,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for the department to collaborate with the office of the superintendent of public instruction to complete a report with options and recommendations for administrative efficiencies and long-term strategies that align and integrate high-quality early learning programs administered by both agencies and consistent with implementation of Engrossed Second Substitute Senate Bill No. 5237 (child care dev. exp.). The report, due September 1, 2022, shall address capital needs, data collection and data sharing, licensing changes, quality standards, options for community-based and school-based settings with inclusive facilities and operations, fiscal modeling, statutory changes needed to achieve administrative efficiencies, and all other requirements of Engrossed Second Substitute Senate Bill No. 5237 (child care & early dev. exp.).
(5) Within existing resources, the department shall submit a brief report to the governor and appropriate legislative committees by December 1, 2022, outlining options for creating a new dedicated account for adoption support that will meet 42 U.S.C. Sec. 473 requirements. The report shall include a methodology for calculating savings in a manner that can be incorporated into the adoption support forecast budget process, statutory needs, and expenditure guidelines for the account.
(6) $150,000 of the general fundstate appropriation for fiscal year 2022 and $150,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for a statewide nonprofit with demonstrated capability of partnering with state agencies and community organizations to develop public-facing regionalized data dashboards and reports to support the goals of the department and the early learning advisory council, pursuant to Engrossed Second Substitute Senate Bill No. 5237 (child care & early learning dev. exp.).
(7) $2,500,000 of the general fundstate appropriation for fiscal year 2022, $2,500,000 of the general fundstate appropriation for fiscal year 2023, and $5,000,000 of the general fundfederal appropriation are provided solely for the implementation of Engrossed Second Substitute House Bill No. 1227 (child abuse allegations). If the bill is not enacted by June 30, 2021, the amounts provided in this subsection shall lapse.
(8) $20,000 of the general fundstate appropriation for fiscal year 2022 and $20,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for the implementation of Engrossed Substitute Senate Bill No. 5118 (reentry). If the bill is not enacted by June 30, 2021, the amounts provided in this subsection shall lapse.
(9) $6,532,000 of the general fundstate appropriation for fiscal year 2022, $7,385,000 of the general fundstate appropriation for fiscal year 2023, and $6,083,000 of the general fundfederal appropriation (CRRSA) are provided solely for the department to migrate the social service payment system to a cloud-based payment system in order to implement child care stabilization grants, child care subsidy rate enhancements, and other payments intended to support child care providers during and after the COVID-19 public health emergency, to implement changes to the social service payment system necessary to implement these payments, and for other improvements necessary for the successful implementation of Engrossed Second Substitute Senate Bill No. 5237 (child care & early dev. exp.). The amounts in this section are subject to the conditions, limitations, and review provided in section 701 of this act.
(10) $250,000 of the general fundfederal appropriation (CARES) is provided solely for the department to develop or contract to develop a language access plan that addresses equity and access for immigrant, multilingual providers, caregivers, and families. The plan must be submitted to the appropriate committees of the legislature by June 30, 2022. The plan must include, but is not limited to, the following:
(a) A needs assessment and staffing recommendation for program accessibility at the department for individuals with limited English and a geographic landscape analysis of language needs for providers, caregivers, and families in their interactions with the department;
(b) A review of successful language access policies and practices in public agencies to effectively address the needs of non-English speaking families, providers, and other stakeholders;
(c) An alignment of best practices across the department in multilingual workforce development;
(d) A framework for proactive community engagement to provide child care providers, early learning providers, or families that speak languages other than English access to information and support in navigating English-dominant state resources at the department;
(e) Recommendations for a continuous improvement model of measuring progress and success in language access at the department; and
(f) Compliance with federal and state laws at the department.
(11) $40,000 of the general fundfederal appropriation (CRRSA) is provided solely for the department to establish a process for informing, upon clearance of required background checks, employees of licensed family home, center-based, and outdoor nature-based childcares about available financial supports and options for accessing health coverage. On at least an annual basis, no less than 45 days before the start of open-enrollment, the department must share with the health benefits exchange (exchange) and designated navigator organizations, but no additional third-party entity, workforce data identifying licensed childcare employees for the sole purpose of outreach, enrollment, verification, and other program implementation activities identified by the exchange. The department must share with the exchange and designated navigator organizations, but no additional third-party entity, workforce data identifying newly licensed childcare employees on an ongoing basis as needed during the plan year for the sole purpose of outreach, enrollment, verification, and other program implementation activities identified by the exchange.
(12) $1,494,000 of the general fundfederal appropriation is provided solely for the department to implement the family first prevention services act requirements, including technology enhancements to support the automated assessments, data quality, and reporting requirements. Funding provided in this subsection is subject to the conditions, limitations, and review provided in section 701 of this act.
(13) $267,000 of the general fundstate appropriation for fiscal year 2022, $717,000 of the general fundstate appropriation for fiscal year 2023, and $223,000 of the general fundfederal appropriation 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.
(14) $85,000 of the general fundstate appropriation for fiscal year 2022 is provided solely for the implementation of Engrossed Second Substitute House Bill No. 1295 (institutional ed/release). If the bill is not enacted by June 30, 2021, the amount provided in this subsection shall lapse.
(15) $848,000 of the general fundstate appropriation for fiscal year 2022, $848,000 of the general fundstate appropriation for fiscal year 2023, and $384,000 of the general fundfederal appropriation are provided solely for the implementation of Engrossed Second Substitute House Bill No. 1194 (parent-child visitation). If the bill is not enacted by June 30, 2021, the amounts provided in this subsection shall lapse.
(End of part)
PART III
NATURAL RESOURCES
NEW SECTION.  Sec. 301. FOR THE COLUMBIA RIVER GORGE COMMISSION
General FundState Appropriation (FY 2022)
. . . .
$752,000
General FundState Appropriation (FY 2023)
. . . .
$820,000
General FundFederal Appropriation
. . . .
$32,000
General FundPrivate/Local Appropriation
. . . .
$1,354,000
TOTAL APPROPRIATION
. . . .
$2,958,000
The appropriations in this section are subject to the following conditions and limitations:
(1) $94,000 of the general fundstate appropriation for fiscal year 2022 and $94,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for a land use planner to provide land use planning services dedicated to Klickitat county. Because the activities of the land use planner are solely for the benefit of Washington state, Oregon is not required to provide matching funds for this activity.
(2) $88,000 of the general fundstate appropriation for fiscal year 2022, $125,000 of the general fundstate appropriation for fiscal year 2023, and $213,000 of the general fundprivate/local appropriation are provided solely for the access database replacement project, and is subject to the conditions, limitations, and review provided in section 701 of this act.
NEW SECTION.  Sec. 302. FOR THE DEPARTMENT OF ECOLOGY
General FundState Appropriation (FY 2022)
. . . .
$47,364,000
General FundState Appropriation (FY 2023)
. . . .
$39,868,000
General FundFederal Appropriation
. . . .
$98,760,000
General FundPrivate/Local Appropriation
. . . .
$26,999,000
Reclamation AccountState Appropriation
. . . .
$4,286,000
Flood Control Assistance AccountState Appropriation
. . . .
$4,066,000
Aquatic Lands Enhancement AccountState
Appropriation
. . . .
$150,000
State Emergency Water Projects Revolving Account
State Appropriation
. . . .
$40,000
Waste Reduction, Recycling, and Litter Control
AccountState Appropriation
. . . .
$26,666,000
State Drought Preparedness AccountState
Appropriation
. . . .
$204,000
State and Local Improvements Revolving AccountWater
Supply FacilitiesState Appropriation
. . . .
$186,000
Water Rights Tracking System AccountState
Appropriation
. . . .
$48,000
Site Closure AccountState Appropriation
. . . .
$582,000
Wood Stove Education and Enforcement AccountState
Appropriation
. . . .
$567,000
Worker and Community Right to Know FundState
Appropriation
. . . .
$1,968,000
Water Rights Processing AccountState Appropriation
. . . .
$39,000
Water Quality Permit AccountState Appropriation
. . . .
$46,578,000
Underground Storage Tank AccountState Appropriation
. . . .
$3,876,000
Biosolids Permit AccountState Appropriation
. . . .
$2,594,000
Hazardous Waste Assistance AccountState
Appropriation
. . . .
$7,389,000
Radioactive Mixed Waste AccountState Appropriation
. . . .
$22,281,000
Air Pollution Control AccountState Appropriation
. . . .
$4,135,000
Oil Spill Prevention AccountState Appropriation
. . . .
$6,446,000
Air Operating Permit AccountState Appropriation
. . . .
$4,786,000
Wastewater Treatment Plant Operator Certification
AccountState Appropriation
. . . .
$552,000
Oil Spill Response AccountState Appropriation
. . . .
$7,076,000
Model Toxics Control Operating AccountState
Appropriation
. . . .
$283,123,000
Model Toxics Control Operating AccountLocal
Appropriation
. . . .
$499,000
Voluntary Cleanup AccountState Appropriation
. . . .
$344,000
Paint Product Stewardship AccountState
Appropriation
. . . .
$140,000
Dedicated Marijuana AccountState Appropriation
(FY 2022)
. . . .
$270,000
Dedicated Marijuana AccountState Appropriation
(FY 2023)
. . . .
$276,000
Water Pollution Control Revolving Administration
AccountState Appropriation
. . . .
$4,566,000
Clean Fuels Program AccountState Appropriation
. . . .
$382,000
Climate Investment AccountState Appropriation
. . . .
$5,139,000
TOTAL APPROPRIATION
. . . .
$652,245,000
The appropriations in this section are subject to the following conditions and limitations:
(1) $910,000 of the model toxics control operating accountstate appropriation is provided solely for the department to grant to the northwest straits commission to distribute equally among the seven Puget Sound marine resource committees.
(2) $2,024,000 of the model toxics control operating accountstate appropriation is provided solely for additional staff to process an increased workload of clean water act certification requests and to process all United States army corps of engineers permitted projects in Washington within the sixty-day processing requirement, should it be implemented.
(3) Within the amounts appropriated in this section, the department must adopt rules to implement the provisions of RCW 88.40.025.
(4) $739,000 of the general fundstate appropriation for fiscal year 2022 and $363,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for the implementation of Engrossed Second Substitute House Bill No. 1050 (fluorinated gases). If the bill is not enacted by June 30, 2021, the amounts provided in this subsection shall lapse.
(5) $2,277,000 of the general fundstate appropriation for fiscal year 2022, $897,000 of the general fundstate appropriation for fiscal year 2023, and $382,000 of the clean fuels program accountstate appropriation are provided solely for the implementation of Engrossed Third Substitute House Bill No. 1091 (transportation fuel/carbon). If the bill is not enacted by June 30, 2021, the amounts provided in this subsection shall lapse.
(6) $262,000 of the model toxics control operating accountstate appropriation is provided solely for the implementation of Engrossed Second Substitute House Bill No. 1382 (salmon recovery projects). If the bill is not enacted by June 30, 2021, the amount provided in this subsection shall lapse.
(7) $170,000 of the oil spill prevention account—state appropriation is provided solely for a contract with the University of Washington's sea grant program to continue an educational program targeted to small spills from commercial fishing vessels, ferries, cruise ships, ports, and marinas.
(8) $204,000 of the model toxics control operating accountstate appropriation is provided solely for implementation of Executive Order No. 12-07, Washington's response to ocean acidification.
(9) $14,000,000 of the model toxics control operating accountstate appropriation is provided solely for the department to provide grants to local governments for the purpose of supporting local solid waste and financial assistance programs.
(10) $150,000 of the aquatic lands enhancement accountstate appropriation is provided solely for implementation of the state marine management plan and ongoing costs of the Washington coastal marine advisory council to serve as a forum and provide recommendations on coastal management issues.
(11) $588,000 of the general fundstate appropriation for fiscal year 2022 and $662,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for the department to address outstanding water rights issues. Of the amounts provided in this subsection:
(a) $463,000 of the general fundstate appropriation for fiscal year 2022 and $537,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for preparation and filing of adjudications of state water rights in the Nooksack (water resource inventory area 1) and lake Roosevelt and middle tributaries (water resource inventory area 58) watersheds. The department will not file an adjudication in water resource inventory area 1 prior to June 1, 2023; and
(b) $125,000 of the general fundstate appropriation for fiscal year 2022 and $125,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for Whatcom county to support a collaborative process among local water users and water right holders that can complement water rights adjudication in the Nooksack (water resources inventory area 1) watershed. Funding is provided for facilitation and mediation among parties, development of planning and technical information, and assessment of local solutions. At a minimum, the collaborative process must seek to provide opportunities for discussion of increasing salmon populations and preserving farmland.
(12) $242,000 of the model toxics control operating accountstate appropriation is provided solely for an equipment cache grant for the Jamestown S'klallam Tribe for a new response vehicle.
(13) $398,000 of the model toxics control operating accountstate appropriation is provided solely for consumer product testing data validation services to support increases to the agency's product testing program.
(14) $2,305,000 of the model toxics control operating accountstate appropriation is provided solely to increase the department's capacity to test for toxics in children's products and other general consumer goods, to implement needed policy changes resulting from product testing, to communicate results to the public, and to conduct a feasibility study to add an inorganics component to the plan for new laboratory space at the department's headquarters building in Lacey, Washington.
(15) $497,000 of the general fundstate appropriation for fiscal year 2022 and $497,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for the department to provide grants to conservation organizations and certain tribes for the purpose of coordination, monitoring, and research related to Puget Sound kelp conservation and recovery. Of the amounts provided in this subsection the department shall distribute grants as follows: $175,000 each fiscal year to the Northwest Straits commission; $72,000 each fiscal year to the Lower Elwha Klallam Tribe; $100,000 each fiscal year to the Samish Indian Nation; and $150,000 each fiscal year to the Puget Sound Restoration Fund.
(16) $2,000,000 of the model toxics control operating accountstate appropriation is provided solely for the Spokane river regional toxics task force to address elevated levels of polychlorinated biphenyls in the Spokane river.
(17) $150,000 of the general fundstate appropriation for fiscal year 2022 is provided solely for the department to grant to Clark county for the purpose of designing the process for developing a long-term plan to restore and maintain the health of Vancouver lake, a category 5 303(d) status impaired body of water, as well as designing an institutional structure to take responsibility for the plan's implementation in a financially sustainable manner. The plan will build on existing work completed by the county, state agencies, and nonprofit organizations. The department will support the work of the county to include involvement by property owners around the lake and within the watersheds that drain to the lake, the department of natural resources, the department of fish and wildlife, other state agencies and local governments with proprietary or regulatory jurisdiction, tribes, and nonprofit organizations advocating for the lake's health. The design should address timelines for plan development, roles and responsibilities of governmental and nonprofit entities, potential funding sources and options for plan implementation, including formation of a potential lake management district under chapter 36.61 RCW, and the management objectives to be included in the plan.
(18) $80,000 of the general fundstate appropriation for fiscal year 2022 is provided solely for the department to work with the Guemes island planning advisory committee to follow on to a United States geologic survey study of the island's aquifer recharge areas, quantify an updated water budget, and provide an accurate water-level analysis and water-table map of the two aquifers on the island.
(19) $150,000 of the general fundstate appropriation for fiscal year 2022 and $150,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for the department to support the Pierce county health department and the friends of Spanaway lake to treat and clean up elevated phosphorus and algae levels in Spanaway lake.
(20) $92,000 of the general fundstate appropriation for fiscal year 2022 is provided solely to San Juan county for a study to build on the existing knowledge of the islands' water resources to gain a current understanding of the state of groundwater in the county, including hydrologic data evaluation, completing recharge estimates, and updating the water balance.
(21) $146,000 of the general fundstate appropriation for fiscal year 2022 is provided solely for the department to work with landowners, state agencies, and others to analyze the water quality of Deep lake.
(22) $195,000 of the model toxics control operating accountstate appropriation is provided solely for the department to carry out an assessment of potential hazards of 6PPD (CAS 793-24-8) and other chemicals or chemical classes and breakdown products used as anti-oxidants and/or antiozonants in tires and submit a technical memo to the appropriate committees of the legislature by December 1, 2021.
(23) $523,000 of the model toxics control operating accountstate appropriation is provided solely for the department to work with the department of transportation, University of Washington-Tacoma, and Washington State University-Puyallup to identify priority areas affected by 6PPD or other related chemicals toxic to aquatic life from roads and transportation infrastructure and on best management practices for reducing toxicity. This includes developing a standard method for the laboratory measurement of 6PPD-quinone and related chemicals. The department will submit a report to the appropriate committees of the legislature by November 1, 2022.
(24) $1,090,000 of the general fundstate appropriation for fiscal year 2022 and $1,090,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for the department to create a database, monitoring program, and laboratory assessment method regarding polychlorinated biphenyls (PCB). Within the amount provided in this subsection, $440,000 is provided to enhance the environmental information management database; $1,200,000 is provided to create a long-term statewide PCB monitoring program; and $540,000 is provided for developing a PCB specific laboratory method for conducting analysis. The department must coordinate with the department of fish and wildlife on the implementation of this subsection and for recommending PCB clean-up projects for legislative funding in subsequent appropriations.
(25) $847,000 of the model toxics control operating accountstate appropriation is provided solely for the implementation of Engrossed Second Substitute Senate Bill No. 5022 (recycling, waste, & litter). If the bill is not enacted by June 30, 2021, the amount provided in this subsection shall lapse.
(26) $11,716,000 of the general fundstate appropriation for fiscal year 2022, $6,284,000 of the general fundstate appropriation for fiscal year 2023, and $5,139,000 of the climate investment accountstate appropriation are 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 amounts provided in this subsection shall lapse.
(27) $95,000 of the general fundstate appropriation for fiscal year 2022, $105,000 of the general fundstate appropriation for fiscal year 2023, $61,000 of the waste reduction, recycling, and litter control accountstate appropriation, $231,000 of the water quality permit accountstate appropriation, $31,000 of the hazardous waste assistance accountstate appropriation, $31,000 of the oil spill prevention accountstate appropriation, and $983,000 of the model toxics control operating accountstate appropriation are provided solely for the implementation of Engrossed Second Substitute Senate Bill No. 5141 (environmental justice task force recommendations). If the bill is not enacted by June 30, 2021, the amounts provided in this subsection shall lapse.
(28) $43,000 of the model toxics control operating accountstate appropriation is provided solely for the implementation of Substitute Senate Bill No. 5381 (fish passage project permits). If the bill is not enacted by June 30, 2021, the amount provided in this subsection shall lapse.
(29) $52,000 of the general fundstate appropriation for fiscal year 2022, $52,000 of the general fundstate appropriation for fiscal year 2023, $8,000 of the reclamation accountstate appropriation, $8,000 of the flood control assistant accountstate appropriation, $32,000 of the waste reduction, recycling, and litter control accountstate appropriation, $4,000 of the worker and community right-to-know accountstate appropriation, $120,000 of the water quality permit accountstate appropriation, $10,000 of the underground storage tank accountstate appropriation, $6,000 of the bio solids permit accountstate appropriation, $18,000 of the hazardous waste assistance accountstate appropriation, $52,000 of the radioactive mixed waste accountstate appropriation, $10,000 of the air pollution control accountstate appropriation, $20,000 of the oil spill prevention accountstate appropriation, $12,000 of the air operating permit accountstate appropriation, $514,000 of the model toxics control operating accountstate appropriation, and $80,000 of the water pollution control revolving administration accountstate appropriation are provided solely for the department to maintain and license the new eHub system. Funding is subject to the conditions, limitations, and review requirements of section 701 of this act.
(30) $250,000 of the general fundstate appropriation for fiscal year 2022 and $250,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for the department to enter into a contract with a qualified third party to develop standards that provide a framework for assessing the quality of volume, validity, and durability of potential future carbon dioxide removal projects. The resulting product should be adequate to allow in-state entities to analyze proposed carbon removal project for conformity with state carbon reduction laws, rules, and goals. The selected vendor should build upon previously completed analyses by the state of Washington and the federal government.
(31) $40,000 of the general fund—state appropriation for fiscal year 2022 is provided solely for the department to:
(a) Develop recommendations and implement actions under existing authority to modify the process for the review of water banks to ensure that key information is made available to the public. The changes should consider requirements such as:
(i) A description of a proposed banking and operations plan, including the needs and customers the bank intends to serve, the geographic area to be served, the portfolio of available mitigating rights and their allowed uses, any anticipated change in use of available mitigating rights, any limitations the bank intends to impose in offering water rights for use, and anything else the department deems necessary to promote transparency and the public interest;
(ii) Reporting requirements that include any changes in the intended customers or needs being serviced by the bank, any change in the geographic area to be served, any anticipated change in the use of available mitigating rights, any change in limitation the banks intends to impose in offering water right for use, and any other change the department deems necessary to promote transparency and the public interest; and
(iii) Reporting requirements for publishing each change and providing notice to pertinent parties and soliciting public comment.
(b) The department must build off its work directed under chapter 357, Laws of 2020 to refine recommendations on improving the state's framework for water banking, water trust, and water right transfers. Recommendations should address issues of private investment in water banking and the merits of incentives and regulations pertaining to the out-of-basin transfer of water rights. In refining its recommendations, the department shall consult with tribes and consider input from stakeholders with expertise in water banking.
(c) By December 31, 2021, the department shall update the appropriate committees of the legislature on its progress on refining policy recommendations under this section, including any recommended statutory changes, and on the status of the pilot grant program established under subsection (32) of this section.
(d) By December 1, 2022, the department shall submit a report to the appropriate committees of the legislature on work conducted pursuant to this section and on the pilot grant program established under this section. The report should include but is not limited to a summary of water banking activity funded including success and challenges, a summary of outcomes of the pilot grant program, a summary of actions taken under current authority, and policy recommendations. The policy recommendations may also come in the form of agency request legislation.
(32) $4,500,000 of the general fundstate appropriation for fiscal year 2022 and $4,500,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for the department to administer the pilot grant program for water banking strategies to meet water needs as described in this section. Within available appropriations, grants must be awarded to qualified applicants according to (c) of this subsection. Grant awards must be limited to not more than $2,000,000 per applicant.
(a) Grant awards may only be used for:
(i) Development of water banks in rural counties as defined in RCW 82.14.370(5) that have the headwaters of a major watershed within their borders and only for water banking strategies within the county of origin. A major watershed has the same meaning as shoreline of the state in RCW 90.58.030(2)(f)(v) (A) and (B);
(ii) Acquisition of water rights appropriate for use in a water bank including all costs necessary to evaluate the water right for eligibility for its intended use; and
(iii) Activities necessary to facilitate the creation of a water bank.
(b) For the purposes of a grant pursuant to this section, a water bank must meet water needs, which include but are not limited to agricultural use and instream flow for fish and wildlife. The water bank must preserve water rights for use in the county of origin and for permanent instream flows for fish and wildlife through the primary and secondary reaches of the water right.
(c) To be qualified for these funds, an applicant must also show:
(i) That the applicant has sufficient expertise and capacity to develop and maintain a water bank consistent with the purposes of this appropriation;
(ii) That the applicant has secured a valid interest to purchase a water right;
(iii) That the water rights appear to be adequate for the intended use;
(iv) That the applicant agrees to have one-third of any water right purchased with the funds appropriated under this section to have its purpose of use changed permanently to instream flow benefiting fish and wildlife; and
(v) That the applicant is a public entity or a participant in a public/private partnership with a public entity.
(33) $500,000 of the general fundstate appropriation for fiscal year 2022 and $500,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for the department to:
(a) Establish and administer a pilot grant program for implementing water banking strategies to meet local water needs;
(b) Review water banking grant applications submitted under this section, including evaluation of water right suitability; and
(c) Develop and finalize water banking agreements, trust water right agreements, and other necessary legal instruments with entities selected to receive grants under this section.
(34) $30,000 of the general fundstate appropriation for fiscal year 2022 is provided solely for the department to designate a regional clean air agency to convene a stakeholder group to assess and develop recommendations for reducing and mitigating air quality impacts in the form of noxious odors resulting from asphalt plants in the Puget Sound region. The stakeholder group should include representatives from the asphalt industry, cities within a county in the region in which an asphalt plant is located, the Puget Sound clean air agency, local and state health departments, research institutions, and a community or environmental organization representative with expertise in air pollution, toxicology, or other relevant fields. The recommendations must address steps needed for asphalt production facilities to develop odor control plans and best management practices to reduce noxious odors that negatively impact neighboring residents, businesses and persons utilizing publicly owned recreational facilities. A report containing recommendations must be submitted to the appropriate committees of the legislature by December 1, 2021.
NEW SECTION.  Sec. 303. FOR THE WASHINGTON POLLUTION LIABILITY INSURANCE PROGRAM
General FundFederal Appropriation
. . . .
$638,000
Pollution Liability Insurance Agency Underground
Storage Tank Revolving AccountState
Appropriation
. . . .
$957,000
Pollution Liability Insurance Program Trust Account
State Appropriation
. . . .
$1,392,000
TOTAL APPROPRIATION
. . . .
$2,987,000
NEW SECTION.  Sec. 304. FOR THE STATE PARKS AND RECREATION COMMISSION
General FundState Appropriation (FY 2022)
. . . .
$29,059,000
General FundState Appropriation (FY 2023)
. . . .
$29,036,000
General FundFederal Appropriation
. . . .
$7,058,000
Winter Recreation Program AccountState
Appropriation
. . . .
$3,303,000
ORV and Nonhighway Vehicle AccountState
Appropriation
. . . .
$369,000
Snowmobile AccountState Appropriation
. . . .
$5,645,000
Aquatic Lands Enhancement AccountState
Appropriation
. . . .
$367,000
Parks Renewal and Stewardship AccountState
Appropriation
. . . .
$125,451,000
Parks Renewal and Stewardship AccountPrivate/Local
Appropriation
. . . .
$420,000
TOTAL APPROPRIATION
. . . .
$200,708,000
The appropriations in this section are subject to the following conditions and limitations:
(1) $129,000 of the general fund—state appropriation for fiscal year 2022 and $129,000 of the general fund—state appropriation for fiscal year 2023 are provided solely for a grant for the operation of the Northwest weather and avalanche center.
(2) $100,000 of the general fundstate appropriation for fiscal year 2022 and $100,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for the commission to pay assessments charged by local improvement districts.
(3) $406,000 of the general fundstate appropriation for fiscal year 2022, $322,000 of the general fundstate appropriation for fiscal year 2023, and $88,000 of the parks renewal and stewardship accountstate appropriation are provided solely for operating budget impacts from capital budget projects funded in the 2019-2021 fiscal biennium.
(4) $272,000 of the general fundstate appropriation for fiscal year 2022 and $272,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for an update to the Seashore conservation area survey and plan.
(5) $130,000 of the general fundstate appropriation for fiscal year 2022 and $130,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for the commission to hire a diversity, equity, and inclusion coordinator to expand the diversity of the agency's workforce.
(6) $85,000 of the general fundstate appropriation for fiscal year 2022 is provided solely for the facilitation of a work group that includes representation from the state parks and recreation commission, the commission on African American affairs, and stakeholders with expertise of the black experience in outdoor recreation to identify barriers to inclusion and develop recommendations to increase participation of Black Washingtonians in the state parks system and other outdoor recreation spaces and public parks. The work group will be selected by the governor's office and will consist of at least twelve participants representing diverse geographic, socioeconomic, and experiential backgrounds. The parks commission will enter into an interagency agreement with the commission on African American affairs to procure a contractor to facilitate the work group and develop a report with recommendations. The amount provided in this subsection may also be used for a survey or focus group to assess the needs of Black Washingtonians related to state parks and outdoor recreation. The work group will submit a report to the governor's office and appropriate committees of the legislature no later than January 1, 2022.
(7) $7,900,000 of the general fundstate appropriation for fiscal year 2022 and $7,900,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for the commission to increase customer service, conduct more custodial maintenance, expand interpretive services, accelerate work on preventative maintenance and improve the conditions of park facilities, and expand public safety.
(8) $90,000 of the general fundstate appropriation for fiscal year 2022 and $6,000 of the general fundstate appropriation for fiscal year 2023 are provided solely for the implementation of Engrossed Second Substitute Senate Bill No. 5259 (law enforcement data). If the bill is not enacted by June 30, 2021, the amounts provided in this subsection shall lapse.
NEW SECTION.  Sec. 305. FOR THE RECREATION AND CONSERVATION OFFICE
General FundState Appropriation (FY 2022)
. . . .
$4,119,000
General FundState Appropriation (FY 2023)
. . . .
$3,655,000
General FundFederal Appropriation
. . . .
$3,716,000
General FundPrivate/Local Appropriation
. . . .
$24,000
Aquatic Lands Enhancement AccountState
Appropriation
. . . .
$320,000
Firearms Range AccountState Appropriation
. . . .
$37,000
Recreation Resources AccountState Appropriation
. . . .
$3,999,000
NOVA Program AccountState Appropriation
. . . .
$1,444,000
Youth Athletic Facility Nonappropriated Account
State Appropriation
. . . .
$181,000
TOTAL APPROPRIATION
. . . .
$17,495,000
The appropriations in this section are subject to the following conditions and limitations:
(1) $125,000 of the general fundstate appropriation for fiscal year 2022 and $125,000 of the general fund