SIXTY FOURTH LEGISLATURE - REGULAR SESSION
EIGHTIETH DAY
House Chamber, Olympia, Wednesday, April 1, 2015
The House was called to order at 9:55 a.m. by the Speaker (Representative Orwall presiding).
Reading of the Journal of the previous day was dispensed with and it was ordered to stand approved.
RESOLUTION
HOUSE RESOLUTION NO. 4629, by Representatives S. Hunt, Reykdal, Short, Appleton, Takko, Sawyer, Santos, Pollet, Ryu, Moeller, Springer, Magendanz, Sullivan, Chopp, Pettigrew, Orwall, Hunter, Carlyle, Wylie, Gregerson, McBride, Peterson, Kilduff, Kagi, Robinson, Clibborn, Cody, Ormsby, Jinkins, Blake, Hansen, Stanford, Fitzgibbon, Walkinshaw, Haler, Morris, Holy, Caldier, Fagan, Kochmar, Johnson, Senn, Bergquist, Zeiger, Sells, Van Werven, Stambaugh, Orcutt, Muri, MacEwen, Manweller, McCabe, DeBolt, Griffey, and Walsh
WHEREAS, For 20 years TVW has opened state government to the people of Washington, offering unedited "gavel-to-gavel" coverage of government deliberations and public policy events of statewide significance since signal activation on April 10, 1995; and
WHEREAS, TVW was the brainchild of Congressman Denny Heck, who currently represents Washington's 10th Congressional District, and previously served as majority leader in the Washington State House of Representatives and chief of staff to Governor Booth Gardner and veteran state government official Stan Marshburn; and
WHEREAS, TVW's founders believed that the people of Washington deserved to be able to watch their elected officials in action, even if they could not be physically present in Olympia; and
WHEREAS, Since its inception, TVW has televised well over 30,000 hours of public policy proceedings, including coverage of the legislative, executive, and judicial branches of government, state agencies, state elections, and public policy events hosted by nongovernmental organizations; and
WHEREAS, The first event televised by TVW was a death penalty case before the Washington State Supreme Court, through which TVW also made history with the first-ever televised state court proceeding; and
WHEREAS, TVW televises all floor debates in the Washington State Senate and House of Representatives, offers live and archived coverage of all committee hearings in the Senate and House via television or webcast on-demand, and archives all of its coverage for citizens to view online, on-demand; and
WHEREAS, When the Legislature is not meeting in Olympia, TVW's mobile camera units cover legislative and public policy events across Washington, which are available on TVW's increasingly popular web site, tvw.org, which handles over 5 million online plays of its videos each year, with demand continuing to grow steadily; and
WHEREAS, The cable television industry carries TVW for free, giving TVW $7 million per year in free carriage and enabling TVW to reach two-thirds of state residents via television; and
WHEREAS, TVW allows the news media free access to its footage, making it easier for television, radio, and newspaper reporters to cover state government even when not physically present at the Capitol; and
WHEREAS, TVW educates young people about civics and government through its free civics education programs for teachers and students throughout the state, including its "Teach with TVW" web site, innovative "Capitol Classroom" program, and award-winning "Engaged: Students Becoming Citizens" video series; and
WHEREAS, TVW produces award-winning shows, includingn Inside Olympia, The Impact, and Legislative Review, which highlight key legislative debates and decisions; and
WHEREAS, TVW has won four regional Emmy Awards in its history, including three Emmy Awards in the last two years;
NOW, THEREFORE, BE IT RESOLVED, That the Washington State House of Representatives congratulate TVW on 20 years of service to the people of Washington State; and
BE IT FURTHER RESOLVED, That copies of this resolution be immediately transmitted by the Chief Clerk of the House of Representatives to TVW's president and CEO, and the TVW Board of Directors.
The Speaker (Representative Orwall presiding) stated the question before the House to be adoption of House Resolution No. 4629.
HOUSE RESOLUTION NO. 4629 was adopted.
RESOLUTION
HOUSE RESOLUTION NO. 4630, by Representatives S. Hunt, Reykdal, Appleton, Sawyer, Santos, Pollet, Goodman, Moeller, Springer, Magendanz, Sullivan, Chopp, Pettigrew, Van De Wege, Lytton, Orwall, Hunter, Carlyle, Wylie, Gregerson, McBride, Peterson, Kilduff, Kagi, Robinson, Clibborn, Cody, Ormsby, Jinkins, Takko, Blake, Hansen, Stanford, Fitzgibbon, Walkinshaw, Morris, Haler, Caldier, Kochmar, Bergquist, Zeiger, Fagan, Sells, Ryu, Johnson, MacEwen, Manweller, McCabe, DeBolt, and Griffey
WHEREAS, Dr. Thomas L. "Les" Purce is retiring from his position as president of The Evergreen State College in August 2015, after serving fifteen years in the position and two prior years as interim president; and
WHEREAS, Dr. Purce previously served at Washington State University as Vice President of Extended University Affairs and Dean of Extended Academic Programs; and
WHEREAS, Dr. Purce is an exemplar of a public servant in higher education, with his twenty-six year career in Washington state preceded by public service at the University of Idaho as the Special Assistant to the President and Director of the Research Park and Economic Development; election as the first African American elected official in the state of Idaho, where he served as a mayor and council member for the City of Pocatello; and service as the director of Idaho's departments of Administration and Health and Welfare under Governor John Evans; and
WHEREAS, Under Dr. Purce's leadership, Evergreen has been consistently recognized as a national leader and model in the development of interdisciplinary learning communities that combine and coordinate several academic subjects in an innovative approach to study of the arts and sciences; and
WHEREAS, Dr. Purce guided Evergreen's strong promotion and pursuit of community engagement, curricular innovation, and development of academic programs that encourage students to apply classroom learning to practical problems in their professional, civic, academic, and artistic pursuits; and
WHEREAS, Under Dr. Purce's leadership, Evergreen has emerged as a leader in reducing the length of time and cost required to earn a bachelor's degree, and has been repeatedly recognized as a top public liberal arts and science institution by U.S. News and World Report, the Princeton Review, and Washington Monthly; and
WHEREAS, Dr. Purce worked actively with faculty and staff to achieve above average student engagement on many benchmark measures of the National Survey of Student Engagement, including level of academic challenge, active and collaborative learning, student-faculty interaction, enriching educational experiences, and supportive campus environment; and
WHEREAS, Dr. Purce strengthened Evergreen's commitment to serving, educating, and graduating underrepresented students by establishing the College as a leader for historically underrepresented, first-generation, and low-income students, and expanding partnerships with Washington's tribes and military partners; and
WHEREAS, Dr. Purce has overseen the growth of Evergreen's main campus in Olympia; program in Tacoma; partnerships with Grays Harbor College, South Puget Sound Community College, and Centralia College; unique reservation-based program for Native American students at six locations in the Puget Sound; and more than 400 articulation agreements with over thirty Washington community colleges; and
WHEREAS, Dr. Purce successfully guided Evergreen through the economic crisis of the Great Recession, while still strengthening the College's commitment to serving underrepresented students in the liberal arts and sciences; and
WHEREAS, Dr. Purce's professional legacy of true dedication towards higher education will continue to live on through the students and faculty he inspired and worked with;
NOW, THEREFORE, BE IT RESOLVED, That the Washington State House of Representatives recognize and congratulate Dr. Thomas L. "Les" Purce for his twenty-eight years of service to higher education in Washington, and for his dedication to quality, efficiency, diversity, equity, and sustainability in the liberal arts and sciences; and
BE IT FURTHER RESOLVED, That copies of this resolution be immediately transmitted by the Chief Clerk of the House of Representatives to Dr. Purce and the Board of Trustees of The Evergreen State College.
The Speaker (Representative Orwall presiding) stated the question before the House to be adoption of House Resolution No. 4630.
HOUSE RESOLUTION NO. 4630 was adopted.
RESOLUTION
HOUSE RESOLUTION NO. 4632, by Representatives Stambaugh, Fagan, Johnson, Orwall, Griffey, Zeiger, MacEwen, Kochmar, Ryu, Walsh, Muri, S. Hunt, and McCabe
WHEREAS, The annual Daffodil Festival is a cherished tradition for the people of Pierce County and the Northwest; and
WHEREAS, 2015 marks the 82nd annual Daffodil Festival, and the theme of this year's festival is "Shine Your Light With Service"; and
WHEREAS, The mission of the Daffodil Festival is to focus national and regional attention on our local area as a place to live and visit, to give citizens of Pierce County a civic endeavor where "Shine Your Light With Service" comes alive, to foster civic pride, to give young people and organizations of the local area an opportunity to display their talents and abilities, to give voice to citizens' enthusiasm through parades, pageantry, and events, and to stimulate the economy through expenditures by and for the Festival and by visitors attracted during Festival Week; and
WHEREAS, The Festival began in 1926 as a modest garden party in Sumner and grew steadily each year until 1934, when flowers, which previously had been largely discarded in favor of daffodil bulbs, were used to decorate cars and bicycles for a short parade through Tacoma; and
WHEREAS, The Festival's 2015 events include the 82nd Annual Grand Floral Street Parade on April 11, 2015—winding its way from downtown Tacoma through the communities of Puyallup, Sumner, and Orting, and consisting of approximately 150 entries, including bands, marching and mounted units, and floats that are decorated with fresh-cut Daffodils numbering in the thousands—and will culminate with the Marine parade on April 12, 2015; and
WHEREAS, This year's Festival royalty includes Pelumi Ajibade, Stadium; Ashley Becker, Bonney Lake; Kenzie Bjornson, Cascade Christian; Kyla Farris, Rogers; Madison Gordon, Wilson; Kasey Hewitt, Lakes; Emily Inskeep, Chief Leschi; Jaskirat Kaur, Emerald Ridge; Madison Lindahl, Puyallup; Rachel Price, Eatonville; Bailey Rasmussen, White River; Kaitlin Ringus, Fife; Nicole Ripley, Henry Foss; Tia Robbins, Franklin Pierce; Ransom Satterlee, Bethel; Athena Sok, Lincoln; Victoria Ann Tirado, Clover Park; Bailee Towns, Graham Kapowsin; Taylor Trujillo, Spanaway Lake; Samantha Ward, Sumner; Sharon Washington, Washington; Shannon Woods, Mt. Tahoma; Madison Zahn, Orting; and Lyndsay Zemanek, Curtis;
NOW, THEREFORE, BE IT RESOLVED, That the House of Representatives recognize and honor the many contributions made to our state by the Daffodil Festival and its organizers for the past eighty-two years; and
BE IT FURTHER RESOLVED, That copies of this resolution be immediately transmitted by the Chief Clerk of the House of Representatives to the 2015 Daffodil Festival Officers and to the members of the Festival Royalty.
The Speaker (Representative Orwall presiding) stated the question before the House to be adoption of House Resolution No. 4632.
HOUSE RESOLUTION NO. 4632 was adopted.
RESOLUTION
HOUSE RESOLUTION NO. 4633, by Representatives Gregory and Kochmar
WHEREAS, It is the policy of the Washington State House of Representatives to recognize the extraordinary accomplishments of high school students and athletes; and
WHEREAS, The Federal Way Eagles boys' basketball team started an incredible journey in December 2014 that ended with the Class 4A State Boys' Basketball Championship trophy being lifted high above their heads in March 2015; and
WHEREAS, The Federal Way Eagles were able to overcome all odds and win this competition for the second time in their school's history; and
WHEREAS, The Federal Way Eagles exhibited a season-long dedication to training and teamwork that led to their championship; and
WHEREAS, The championship is celebrated by each and every member of the team, and the team's managers and coaches; and
WHEREAS, The leadership of Coach Jerome Collins set the direction for this accomplished and inspired team; and
WHEREAS, Coach Jerome Collins also inspired the Federal Way Eagles to win their first championship during the 2008-2009 season; and
WHEREAS, The Federal Way Eagles were sustained in their drive to this victory through the staunch support of family and community, and their resonating expressions of enthusiastic support;
NOW, THEREFORE, BE IT RESOLVED, That the Washington State House of Representatives honor the Federal Way Eagles boys' basketball team, whose commitment, exceptional teamwork, and athletic achievements make them admirable holders of the 2015 4A State Boys' Basketball Championship trophy; and
BE IT FURTHER RESOLVED, That copies of this resolution be immediately transmitted by the Chief Clerk of the House of Representatives to the Federal Way Eagles boys' basketball team, the team's managers and coaches, and the Federal Way High School principal.
The Speaker (Representative Orwall presiding) stated the question before the House to be adoption of House Resolution No. 4633.
HOUSE RESOLUTION NO. 4633 was adopted.
The Speaker (Representative Orwall presiding) called upon Representative Sullivan to preside.
There being no objection, the House advanced to the fifth order of business.
REPORTS OF STANDING COMMITTEES
March 30, 2015
E2SSB 5057 Prime Sponsor, Committee on Ways & Means: Concerning the safe transport of hazardous materials. Reported by Committee on Environment
MAJORITY recommendation: Do pass as amended.
Strike everything after the enacting clause and insert the following:
"Sec. 1. RCW 90.56.005 and 2010 1st sp.s. c 7 s 72 are each amended to read as follows:
(1) The legislature declares that waterborne transportation as a source of supply for oil and hazardous substances poses special concern for the state of Washington. Each year billions of gallons of crude oil and refined petroleum products are transported as cargo and fuel by vessels on the navigable waters of the state. The movement of crude oil through rail corridors and over Washington waters creates safety and environmental risks. The sources and transport of crude oil bring risks to our communities along rail lines and to the Columbia river, Grays Harbor, and Puget Sound waters. These shipments are expected to increase in the coming years. Vessels and trains transporting oil into Washington travel on some of the most unique and special marine environments in the United States. These marine environments are a source of natural beauty, recreation, and economic livelihood for many residents of this state. As a result, the state has an obligation to ensure the citizens of the state that the waters of the state will be protected from oil spills.
(2) The legislature finds that prevention is the best method to protect the unique and special marine environments in this state. The technology for containing and cleaning up a spill of oil or hazardous substances is at best only partially effective. Preventing spills is more protective of the environment and more cost-effective when all the response and damage costs associated with responding to a spill are considered. Therefore, the legislature finds that the primary objective of the state is to achieve a zero spills strategy to prevent any oil or hazardous substances from entering waters of the state.
(3) The legislature also finds that:
(a) Recent accidents in Washington, Alaska, southern California, Texas, Pennsylvania, and other parts of the nation have shown that the transportation, transfer, and storage of oil have caused significant damage to the marine environment;
(b) Even with the best efforts, it is nearly impossible to remove all oil that is spilled into the water, and average removal rates are only fourteen percent;
(c) Washington's navigable waters are treasured environmental and economic resources that the state cannot afford to place at undue risk from an oil spill;
(d) The state has a fundamental responsibility, as the trustee of the state's natural resources and the protector of public health and the environment to prevent the spill of oil; and
(e) In section 5002 of the federal oil pollution act of 1990, the United States congress found that many people believed that complacency on the part of industry and government was one of the contributing factors to the Exxon Valdez spill and, further, that one method to combat this complacency is to involve local citizens in the monitoring and oversight of oil spill plans. Congress also found that a mechanism should be established that fosters the long-term partnership of industry, government, and local communities in overseeing compliance with environmental concerns in the operation of crude oil terminals. Moreover, congress concluded that, in addition to Alaska, a program of citizen monitoring and oversight should be established in other major crude oil terminals in the United States because recent oil spills indicate that the safe transportation of oil is a national problem.
(4) In order to establish a comprehensive prevention and response program to protect Washington's waters and natural resources from spills of oil, it is the purpose of this chapter:
(a) To establish state agency expertise in marine safety and to centralize state activities in spill prevention and response activities;
(b) To prevent spills of oil and to promote programs that reduce the risk of both catastrophic and small chronic spills;
(c) To ensure that responsible parties are liable, and have the resources and ability, to respond to spills and provide compensation for all costs and damages;
(d) To provide for state spill response and wildlife rescue planning and implementation;
(e) To support and complement the federal oil pollution act of 1990 and other federal law, especially those provisions relating to the national contingency plan for cleanup of oil spills and discharges, including provisions relating to the responsibilities of state agencies designated as natural resource trustees. The legislature intends this chapter to be interpreted and implemented in a manner consistent with federal law;
(f) To provide broad powers of regulation to the department of ecology relating to spill prevention and response;
(g) To provide for
independent review on an ongoing basis the adequacy of oil spill prevention,
preparedness, and response activities in this state; ((and))
(h) To provide an adequate funding source for state response and prevention programs; and
(i) To maintain the best achievable protection that can be obtained through the use of the best achievable technology and those staffing levels, training procedures, and operational methods that provide the greatest degree of protection achievable.
Sec. 2. RCW 88.46.010 and 2011 c 122 s 1 are each reenacted and amended to read as follows:
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
(1) "Best achievable protection" means the highest level of protection that can be achieved through the use of the best achievable technology and those staffing levels, training procedures, and operational methods that provide the greatest degree of protection achievable. The director's determination of best achievable protection shall be guided by the critical need to protect the state's natural resources and waters, while considering:
(a) The additional protection provided by the measures;
(b) The technological achievability of the measures; and
(c) The cost of the measures.
(2)(a) "Best achievable technology" means the technology that provides the greatest degree of protection taking into consideration:
(i) Processes that are being developed, or could feasibly be developed, given overall reasonable expenditures on research and development; and
(ii) Processes that are currently in use.
(b) In determining what is best achievable technology, the director shall consider the effectiveness, engineering feasibility, and commercial availability of the technology.
(3) "Bulk" means material that is stored or transported in a loose, unpackaged liquid, powder, or granular form capable of being conveyed by a pipe, bucket, chute, or belt system.
(4) "Cargo vessel" means a self-propelled ship in commerce, other than a tank vessel or a passenger vessel, of three hundred or more gross tons, including but not limited to, commercial fish processing vessels and freighters.
(5) "Covered vessel" means a tank vessel, cargo vessel, or passenger vessel.
(6) "Department" means the department of ecology.
(7) "Director" means the director of the department of ecology.
(8) "Discharge" means any spilling, leaking, pumping, pouring, emitting, emptying, or dumping.
(9)(a) "Facility" means any structure, group of structures, equipment, pipeline, or device, other than a vessel, located on or near the navigable waters of the state that transfers oil in bulk to or from a tank vessel or pipeline, that is used for producing, storing, handling, transferring, processing, or transporting oil in bulk.
(b) For the purposes of oil spill contingency planning in RCW 90.56.210, advanced notice of oil transfers in section 8 of this act, and financial responsibility in RCW 88.40.025, facility also means a railroad that is not owned by the state that transports oil as bulk cargo.
(c) A facility does
not include any: (i) ((Railroad car,)) Motor vehicle((, or
other rolling stock)) while transporting oil over the highways ((or rail
lines)) of this state; (ii) retail motor vehicle motor fuel outlet; (iii)
facility that is operated as part of an exempt agricultural activity as
provided in RCW 82.04.330; (iv) underground storage tank regulated by the
department or a local government under chapter 90.76 RCW; or (v) marine fuel
outlet that does not dispense more than three thousand gallons of fuel to a
ship that is not a covered vessel, in a single transaction.
(10) "Marine facility" means any facility used for tank vessel wharfage or anchorage, including any equipment used for the purpose of handling or transferring oil in bulk to or from a tank vessel.
(11) "Navigable waters of the state" means those waters of the state, and their adjoining shorelines, that are subject to the ebb and flow of the tide and/or are presently used, have been used in the past, or may be susceptible for use to transport intrastate, interstate, or foreign commerce.
(12) "Offshore facility" means any facility located in, on, or under any of the navigable waters of the state, but does not include a facility any part of which is located in, on, or under any land of the state, other than submerged land. "Offshore facility" does not include a marine facility.
(13)
"Oil" or "oils" means oil of any kind that is liquid at ((atmospheric
temperature)) twenty-five degrees Celsius and one atmosphere of pressure
and any fractionation thereof, including, but not limited to, crude oil, bitumen,
synthetic crude oil, natural gas well condensate, petroleum, gasoline, fuel
oil, diesel oil, biological oils and blends, oil sludge, oil refuse, and oil
mixed with wastes other than dredged spoil. Oil does not include any substance
listed in Table 302.4 of 40 C.F.R. Part 302 adopted August 14, 1989, under
section ((101(14))) 102(a) of the federal comprehensive
environmental response, compensation, and liability act of 1980, as amended by
P.L. 99‑499.
(14) "Onshore facility" means any facility any part of which is located in, on, or under any land of the state, other than submerged land, that because of its location, could reasonably be expected to cause substantial harm to the environment by discharging oil into or on the navigable waters of the state or the adjoining shorelines.
(15)(a) "Owner or operator" means (i) in the case of a vessel, any person owning, operating, or chartering by demise, the vessel; (ii) in the case of an onshore or offshore facility, any person owning or operating the facility; and (iii) in the case of an abandoned vessel or onshore or offshore facility, the person who owned or operated the vessel or facility immediately before its abandonment.
(b) "Operator" does not include any person who owns the land underlying a facility if the person is not involved in the operations of the facility.
(16) "Passenger vessel" means a ship of three hundred or more gross tons with a fuel capacity of at least six thousand gallons carrying passengers for compensation.
(17) "Person" means any political subdivision, government agency, municipality, industry, public or private corporation, copartnership, association, firm, individual, or any other entity whatsoever.
(18) "Race Rocks light" means the nautical landmark located southwest of the city of Victoria, British Columbia.
(19) "Regional vessels of opportunity response group" means a group of nondedicated vessels participating in a vessels of opportunity response system to respond when needed and available to spills in a defined geographic area.
(20) "Severe weather conditions" means observed nautical conditions with sustained winds measured at forty knots and wave heights measured between twelve and eighteen feet.
(21) "Ship" means any boat, ship, vessel, barge, or other floating craft of any kind.
(22) "Spill" means an unauthorized discharge of oil into the waters of the state.
(23) "Strait of Juan de Fuca" means waters off the northern coast of the Olympic Peninsula seaward of a line drawn from New Dungeness light in Clallam county to Discovery Island light on Vancouver Island, British Columbia, Canada.
(24) "Tank vessel" means a ship that is constructed or adapted to carry, or that carries, oil in bulk as cargo or cargo residue, and that:
(a) Operates on the waters of the state; or
(b) Transfers oil in a port or place subject to the jurisdiction of this state.
(25) "Umbrella plan holder" means a nonprofit corporation established consistent with this chapter for the purposes of providing oil spill response and contingency plan coverage.
(26) "Vessel emergency" means a substantial threat of pollution originating from a covered vessel, including loss or serious degradation of propulsion, steering, means of navigation, primary electrical generating capability, and seakeeping capability.
(27) "Vessels of opportunity response system" means nondedicated boats and operators, including fishing and other vessels, that are under contract with and equipped by contingency plan holders to assist with oil spill response activities, including on-water oil recovery in the near shore environment and the placement of oil spill containment booms to protect sensitive habitats.
(28) "Volunteer coordination system" means an oil spill response system that, before a spill occurs, prepares for the coordination of volunteers to assist with appropriate oil spill response activities, which may include shoreline protection and cleanup, wildlife recovery, field observation, light construction, facility maintenance, donations management, clerical support, and other aspects of a spill response.
(29) "Waters of the state" includes lakes, rivers, ponds, streams, inland waters, underground water, salt waters, estuaries, tidal flats, beaches and lands adjoining the seacoast of the state, sewers, and all other surface waters and watercourses within the jurisdiction of the state of Washington.
(30) "Worst case spill" means: (a) In the case of a vessel, a spill of the entire cargo and fuel of the vessel complicated by adverse weather conditions; and (b) in the case of an onshore or offshore facility, the largest foreseeable spill in adverse weather conditions.
Sec. 3. RCW 90.56.010 and 2007 c 347 s 6 are each amended to read as follows:
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
(1) "Best achievable protection" means the highest level of protection that can be achieved through the use of the best achievable technology and those staffing levels, training procedures, and operational methods that provide the greatest degree of protection achievable. The director's determination of best achievable protection shall be guided by the critical need to protect the state's natural resources and waters, while considering (a) the additional protection provided by the measures; (b) the technological achievability of the measures; and (c) the cost of the measures.
(2) "Best achievable technology" means the technology that provides the greatest degree of protection taking into consideration (a) processes that are being developed, or could feasibly be developed, given overall reasonable expenditures on research and development, and (b) processes that are currently in use. In determining what is best achievable technology, the director shall consider the effectiveness, engineering feasibility, and commercial availability of the technology.
(3) "Board" means the pollution control hearings board.
(4) "Cargo vessel" means a self-propelled ship in commerce, other than a tank vessel or a passenger vessel, three hundred or more gross tons, including but not limited to, commercial fish processing vessels and freighters.
(5) "Bulk" means material that is stored or transported in a loose, unpackaged liquid, powder, or granular form capable of being conveyed by a pipe, bucket, chute, or belt system.
(6) "Committee" means the preassessment screening committee established under RCW 90.48.368.
(7) "Covered vessel" means a tank vessel, cargo vessel, or passenger vessel.
(8) "Department" means the department of ecology.
(9) "Director" means the director of the department of ecology.
(10) "Discharge" means any spilling, leaking, pumping, pouring, emitting, emptying, or dumping.
(11)(a) "Facility" means any structure, group of structures, equipment, pipeline, or device, other than a vessel, located on or near the navigable waters of the state that transfers oil in bulk to or from a tank vessel or pipeline, that is used for producing, storing, handling, transferring, processing, or transporting oil in bulk.
(b) For the purposes of oil spill contingency planning in RCW 90.56.210, advanced notice of oil transfers in section 8 of this act, and financial responsibility in RCW 88.40.025, facility also means a railroad that is not owned by the state that transports oil as bulk cargo.
(c) A facility does
not include any: (i) ((Railroad car,)) Motor vehicle((, or
other rolling stock)) while transporting oil over the highways ((or rail
lines)) of this state; (ii) underground storage tank regulated by the
department or a local government under chapter 90.76 RCW; (iii) motor vehicle
motor fuel outlet; (iv) facility that is operated as part of an exempt
agricultural activity as provided in RCW 82.04.330; or (v) marine fuel outlet
that does not dispense more than three thousand gallons of fuel to a ship that
is not a covered vessel, in a single transaction.
(12) "Fund" means the state coastal protection fund as provided in RCW 90.48.390 and 90.48.400.
(13) "Having control over oil" shall include but not be limited to any person using, storing, or transporting oil immediately prior to entry of such oil into the waters of the state, and shall specifically include carriers and bailees of such oil.
(14) "Marine facility" means any facility used for tank vessel wharfage or anchorage, including any equipment used for the purpose of handling or transferring oil in bulk to or from a tank vessel.
(15) "Navigable waters of the state" means those waters of the state, and their adjoining shorelines, that are subject to the ebb and flow of the tide and/or are presently used, have been used in the past, or may be susceptible for use to transport intrastate, interstate, or foreign commerce.
(16) "Necessary expenses" means the expenses incurred by the department and assisting state agencies for (a) investigating the source of the discharge; (b) investigating the extent of the environmental damage caused by the discharge; (c) conducting actions necessary to clean up the discharge; (d) conducting predamage and damage assessment studies; and (e) enforcing the provisions of this chapter and collecting for damages caused by a discharge.
(17)
"Oil" or "oils" means oil of any kind that is liquid at ((atmospheric
temperature)) twenty-five degrees Celsius and one atmosphere of pressure
and any fractionation thereof, including, but not limited to, crude oil, bitumen,
synthetic crude oil, natural gas well condensate, petroleum, gasoline, fuel
oil, diesel oil, biological oils and blends, oil sludge, oil refuse, and oil
mixed with wastes other than dredged spoil. Oil does not include any substance
listed in Table 302.4 of 40 C.F.R. Part 302 adopted August 14, 1989, under
section ((101(14))) 102(a) of the federal comprehensive environmental
response, compensation, and liability act of 1980, as amended by P.L. 99‑499.
(18) "Offshore facility" means any facility located in, on, or under any of the navigable waters of the state, but does not include a facility any part of which is located in, on, or under any land of the state, other than submerged land.
(19) "Onshore facility" means any facility any part of which is located in, on, or under any land of the state, other than submerged land, that because of its location, could reasonably be expected to cause substantial harm to the environment by discharging oil into or on the navigable waters of the state or the adjoining shorelines.
(20)(a) "Owner or operator" means (i) in the case of a vessel, any person owning, operating, or chartering by demise, the vessel; (ii) in the case of an onshore or offshore facility, any person owning or operating the facility; and (iii) in the case of an abandoned vessel or onshore or offshore facility, the person who owned or operated the vessel or facility immediately before its abandonment.
(b) "Operator" does not include any person who owns the land underlying a facility if the person is not involved in the operations of the facility.
(21) "Passenger vessel" means a ship of three hundred or more gross tons with a fuel capacity of at least six thousand gallons carrying passengers for compensation.
(22) "Person" means any political subdivision, government agency, municipality, industry, public or private corporation, copartnership, association, firm, individual, or any other entity whatsoever.
(23) "Ship" means any boat, ship, vessel, barge, or other floating craft of any kind.
(24) "Spill" means an unauthorized discharge of oil or hazardous substances into the waters of the state.
(25) "Tank vessel" means a ship that is constructed or adapted to carry, or that carries, oil in bulk as cargo or cargo residue, and that:
(a) Operates on the waters of the state; or
(b) Transfers oil in a port or place subject to the jurisdiction of this state.
(26) "Waters of the state" includes lakes, rivers, ponds, streams, inland waters, underground water, salt waters, estuaries, tidal flats, beaches and lands adjoining the seacoast of the state, sewers, and all other surface waters and watercourses within the jurisdiction of the state of Washington.
(27) "Worst case spill" means: (a) In the case of a vessel, a spill of the entire cargo and fuel of the vessel complicated by adverse weather conditions; and (b) in the case of an onshore or offshore facility, the largest foreseeable spill in adverse weather conditions.
(28) "Crude oil" means any naturally occurring hydrocarbons coming from the earth that are liquid at twenty-five degrees Celsius and one atmosphere of pressure including, but not limited to, crude oil, bitumen and diluted bitumen, synthetic crude oil, and natural gas well condensate.
Sec. 4. RCW 90.56.200 and 2000 c 69 s 19 are each amended to read as follows:
(1) The owner or operator for each onshore and offshore facility, except as determined in subsection (3) of this section, shall prepare and submit to the department an oil spill prevention plan in conformance with the requirements of this chapter. The plans shall be submitted to the department in the time and manner directed by the department. The spill prevention plan may be consolidated with a spill contingency plan submitted pursuant to RCW 90.56.210. The department may accept plans prepared to comply with other state or federal law as spill prevention plans to the extent those plans comply with the requirements of this chapter. The department, by rule, shall establish standards for spill prevention plans.
(2) The spill prevention plan for an onshore or offshore facility shall:
(a) Establish compliance with the federal oil pollution act of 1990, if applicable, and financial responsibility requirements under federal and state law;
(b) Certify that supervisory and other key personnel in charge of transfer, storage, and handling of oil have received certification pursuant to RCW 90.56.220;
(c) Certify that the facility has an operations manual required by RCW 90.56.230;
(d) Certify the implementation of alcohol and drug use awareness programs;
(e) Describe the facility's maintenance and inspection program and contain a current maintenance and inspection record of the storage and transfer facilities and related equipment;
(f) Describe the facility's alcohol and drug treatment programs;
(g) Describe spill prevention technology that has been installed, including overflow alarms, automatic overflow cut-off switches, secondary containment facilities, and storm water retention, treatment, and discharge systems;
(h) Describe any discharges of oil to the land or the water of more than twenty-five barrels in the prior five years and the measures taken to prevent a reoccurrence;
(i) Describe the procedures followed by the facility to contain and recover any oil that spills during the transfer of oil to or from the facility;
(j) Provide for the incorporation into the facility during the period covered by the plan of those measures that will provide the best achievable protection for the public health and the environment; and
(k) Include any other information reasonably necessary to carry out the purposes of this chapter required by rules adopted by the department.
(3) Plan requirements in subsection (2) of this section are not applicable to railroad facility operators while transporting oil over rail lines of this state.
(4) The department shall only approve a prevention plan if it provides the best achievable protection from damages caused by the discharge of oil into the waters of the state and if it determines that the plan meets the requirements of this section and rules adopted by the department.
(((4))) (5)
Upon approval of a prevention plan, the department shall provide to the person
submitting the plan a statement indicating that the plan has been approved, the
facilities covered by the plan, and other information the department determines
should be included.
(((5))) (6)
The approval of a prevention plan shall be valid for five years. An owner or
operator of a facility shall notify the department in writing immediately of
any significant change of which it is aware affecting its prevention plan,
including changes in any factor set forth in this section or in rules adopted
by the department. The department may require the owner or operator to update a
prevention plan as a result of these changes.
(((6))) (7)
The department by rule shall require prevention plans to be reviewed, updated,
if necessary, and resubmitted to the department at least once every five years.
(((7))) (8)
Approval of a prevention plan by the department does not constitute an express
assurance regarding the adequacy of the plan nor constitute a defense to
liability imposed under this chapter or other state law.
(((8))) (9)
This section does not authorize the department to modify the terms of a
collective bargaining agreement.
Sec. 5. RCW 90.56.210 and 2005 c 78 s 1 are each amended to read as follows:
(1) Each onshore and offshore facility shall have a contingency plan for the containment and cleanup of oil spills from the facility into the waters of the state and for the protection of fisheries and wildlife, shellfish beds, natural resources, and public and private property from such spills. The department shall by rule adopt and periodically revise standards for the preparation of contingency plans. The department shall require contingency plans, at a minimum, to meet the following standards:
(a) Include full details of the method of response to spills of various sizes from any facility which is covered by the plan;
(b) Be designed to be capable in terms of personnel, materials, and equipment, of promptly and properly, to the maximum extent practicable, as defined by the department removing oil and minimizing any damage to the environment resulting from a worst case spill;
(c) Provide a clear, precise, and detailed description of how the plan relates to and is integrated into relevant contingency plans which have been prepared by cooperatives, ports, regional entities, the state, and the federal government;
(d) Provide procedures for early detection of oil spills and timely notification of such spills to appropriate federal, state, and local authorities under applicable state and federal law;
(e) State the number, training preparedness, and fitness of all dedicated, prepositioned personnel assigned to direct and implement the plan;
(f) Incorporate periodic training and drill programs to evaluate whether personnel and equipment provided under the plan are in a state of operational readiness at all times;
(g) Describe
important features of the surrounding environment, including fish and wildlife
habitat, shellfish beds, environmentally and archaeologically sensitive areas,
and public facilities. The departments of ecology, fish and wildlife, and
natural resources, and the ((office)) department of archaeology
and historic preservation, upon request, shall provide information that they
have available to assist in preparing this description. The description of
archaeologically sensitive areas shall not be required to be included in a
contingency plan until it is reviewed and updated pursuant to subsection (9) of
this section;
(h) State the means of protecting and mitigating effects on the environment, including fish, shellfish, marine mammals, and other wildlife, and ensure that implementation of the plan does not pose unacceptable risks to the public or the environment;
(i) Provide arrangements for the prepositioning of oil spill containment and cleanup equipment and trained personnel at strategic locations from which they can be deployed to the spill site to promptly and properly remove the spilled oil;
(j) Provide arrangements for enlisting the use of qualified and trained cleanup personnel to implement the plan;
(k) Provide for disposal of recovered spilled oil in accordance with local, state, and federal laws;
(l) Until a spill prevention plan has been submitted pursuant to RCW 90.56.200, state the measures that have been taken to reduce the likelihood that a spill will occur, including but not limited to, design and operation of a facility, training of personnel, number of personnel, and backup systems designed to prevent a spill;
(m) State the amount and type of equipment available to respond to a spill, where the equipment is located, and the extent to which other contingency plans rely on the same equipment; and
(n) If the department has adopted rules permitting the use of dispersants, the circumstances, if any, and the manner for the application of the dispersants in conformance with the department's rules.
(2)(a) The following shall submit contingency plans to the department within six months after the department adopts rules establishing standards for contingency plans under subsection (1) of this section:
(i) Onshore facilities capable of storing one million gallons or more of oil; and
(ii) Offshore facilities.
(b) Contingency plans for all other onshore and offshore facilities shall be submitted to the department within eighteen months after the department has adopted rules under subsection (1) of this section. The department may adopt a schedule for submission of plans within the eighteen-month period.
(3) The department by rule shall determine the contingency plan requirements for railroads transporting oil in bulk. Federal oil spill response plans created pursuant to 33 U.S.C. Sec. 1321 may be submitted in lieu of contingency plans until state rules are adopted.
(4)(a) The owner or operator of a facility shall submit the contingency plan for the facility.
(b) A person who has contracted with a facility to provide containment and cleanup services and who meets the standards established pursuant to RCW 90.56.240, may submit the plan for any facility for which the person is contractually obligated to provide services. Subject to conditions imposed by the department, the person may submit a single plan for more than one facility.
(((4))) (5)
A contingency plan prepared for an agency of the federal government or another
state that satisfies the requirements of this section and rules adopted by the
department may be accepted by the department as a contingency plan under this
section. The department shall ensure that to the greatest extent possible,
requirements for contingency plans under this section are consistent with the
requirements for contingency plans under federal law.
(((5))) (6)
In reviewing the contingency plans required by this section, the department
shall consider at least the following factors:
(a) The adequacy of containment and cleanup equipment, personnel, communications equipment, notification procedures and call down lists, response time, and logistical arrangements for coordination and implementation of response efforts to remove oil spills promptly and properly and to protect the environment;
(b) The nature and amount of vessel traffic within the area covered by the plan;
(c) The volume and type of oil being transported within the area covered by the plan;
(d) The existence of navigational hazards within the area covered by the plan;
(e) The history and circumstances surrounding prior spills of oil within the area covered by the plan;
(f) The sensitivity of fisheries, shellfish beds, and wildlife and other natural resources within the area covered by the plan;
(g) Relevant information on previous spills contained in on-scene coordinator reports prepared by the department; and
(h) The extent to which reasonable, cost-effective measures to prevent a likelihood that a spill will occur have been incorporated into the plan.
(((6))) (7)
The department shall approve a contingency plan only if it determines that the
plan meets the requirements of this section and that, if implemented, the plan
is capable, in terms of personnel, materials, and equipment, of removing oil
promptly and properly and minimizing any damage to the environment.
(((7))) (8)
The approval of the contingency plan shall be valid for five years. Upon
approval of a contingency plan, the department shall provide to the person
submitting the plan a statement indicating that the plan has been approved, the
facilities or vessels covered by the plan, and other information the department
determines should be included.
(((8))) (9)
An owner or operator of a facility shall notify the department in writing
immediately of any significant change of which it is aware affecting its
contingency plan, including changes in any factor set forth in this section or
in rules adopted by the department. The department may require the owner or
operator to update a contingency plan as a result of these changes.
(((9))) (10)
The department by rule shall require contingency plans to be reviewed, updated,
if necessary, and resubmitted to the department at least once every five years.
(((10))) (11)
Approval of a contingency plan by the department does not constitute an express
assurance regarding the adequacy of the plan nor constitute a defense to
liability imposed under this chapter or other state law.
Sec. 6. RCW 90.56.500 and 2009 c 11 s 9 are each amended to read as follows:
(1) The state oil spill response account is created in the state treasury. All receipts from RCW 82.23B.020(1) shall be deposited in the account. All costs reimbursed to the state by a responsible party or any other person for responding to a spill of oil shall also be deposited in the account. Moneys in the account shall be spent only after appropriation. The account is subject to allotment procedures under chapter 43.88 RCW.
(2) The account shall be used exclusively to pay for:
(a) The costs
associated with the response to spills or threats of spills of crude oil
or petroleum products into the ((navigable)) waters of the state; and
(b) The costs
associated with the department's use of ((the)) an emergency
response towing vessel ((as described in RCW 88.46.135)).
(3) Payment of
response costs under subsection (2)(a) of this section shall be limited to
spills which the director has determined are likely to exceed ((fifty)) one
thousand dollars.
(4) Before expending moneys from the account, but without delaying response activities, the director shall make reasonable efforts to obtain funding for response costs under subsection (2) of this section from the person responsible for the spill and from other sources, including the federal government.
(5) Reimbursement for response costs from this account shall be allowed only for costs which are not covered by funds appropriated to the agencies responsible for response activities. Costs associated with the response to spills of crude oil or petroleum products shall include:
(a) Natural resource damage assessment and related activities;
(b) Spill related response, containment, wildlife rescue, cleanup, disposal, and associated costs;
(c) Interagency coordination and public information related to a response; and
(d) Appropriate travel, goods and services, contracts, and equipment.
Sec. 7. RCW 90.56.510 and 2000 c 69 s 22 are each amended to read as follows:
(1) The oil spill prevention account is created in the state treasury. All receipts from RCW 82.23B.020(2) shall be deposited in the account. Moneys from the account may be spent only after appropriation. The account is subject to allotment procedures under chapter 43.88 RCW. If, on the first day of any calendar month, the balance of the oil spill response account is greater than nine million dollars and the balance of the oil spill prevention account exceeds the unexpended appropriation for the current biennium, then the tax under RCW 82.23B.020(2) shall be suspended on the first day of the next calendar month until the beginning of the following biennium, provided that the tax shall not be suspended during the last six months of the biennium. If the tax imposed under RCW 82.23B.020(2) is suspended during two consecutive biennia, the department shall by November 1st after the end of the second biennium, recommend to the appropriate standing committees an adjustment in the tax rate. For the biennium ending June 30, 1999, and the biennium ending June 30, 2001, the state treasurer may transfer a total of up to one million dollars from the oil spill response account to the oil spill prevention account to support appropriations made from the oil spill prevention account in the omnibus appropriations act adopted not later than June 30, 1999.
(2) Expenditures from the oil spill prevention account shall be used exclusively for the administrative costs related to the purposes of this chapter, and chapters 90.48, 88.40, and 88.46 RCW. In addition, until June 30, 2019, expenditures from the oil spill prevention account may be used for the development and annual review of local emergency planning committee emergency response plans in RCW 38.52.040(3). Starting with the 1995-1997 biennium, the legislature shall give activities of state agencies related to prevention of oil spills priority in funding from the oil spill prevention account. Costs of prevention include the costs of:
(a) Routine responses not covered under RCW 90.56.500;
(b) Management and staff development activities;
(c) Development of rules and policies and the statewide plan provided for in RCW 90.56.060;
(d) Facility and vessel plan review and approval, drills, inspections, investigations, enforcement, and litigation;
(e) Interagency coordination and public outreach and education;
(f) Collection and administration of the tax provided for in chapter 82.23B RCW; and
(g) Appropriate travel, goods and services, contracts, and equipment.
(3) Before expending moneys from the account for a response under subsection (2)(a) of this section, but without delaying response activities, the director shall make reasonable efforts to obtain funding for response costs under this section from the person responsible for the spill and from other sources, including the federal government.
NEW SECTION. Sec. 8. A new section is added to chapter 90.56 RCW to read as follows:
(1)(a) A facility that receives crude oil from a railroad car must provide advance notice to the department that the facility will receive crude oil from a railroad car, as provided in this section. The advance notice must include the route taken to the facility within the state, if known, and the scheduled time, location, volume, and type of crude oil received. Each week, a facility that provides advance notice under this section must provide the required information regarding the scheduled arrival of railroad cars carrying crude oil to be received by the facility in the succeeding seven-day period. A facility is not required to provide advance notice when there is no receipt of crude oil from a railroad car scheduled for a seven-day period.
(b) Twice per year, pipelines must report to the department the following information about the crude oil transported by the pipeline through the state: The volume of crude oil, the type of crude oil, and the types of diluting agents used in the crude oil. This report must be submitted each year by July 31st for the period January 1st through June 30th and by January 31st for the period July 1st through December 31st.
(2) The department may share information provided by a facility through the advance notice system established in this section with the state emergency management division and any county, city, tribal, port, or local government emergency response agency upon request.
(3) The department must publish information collected under this section on a quarterly basis on the department's internet web site. With respect to the information reported under subsection (1)(a) of this section, the information published by the department must be aggregated on a statewide basis by route through the state, by week, and by type of crude oil. The report may also include other information available to the department including, but not limited to, place of origin, modes of transport, number of railroad cars delivering crude oil, and number and volume of spills during transport and delivery.
(4)(a) A facility providing advance notice under this section is not responsible for meeting advance notice time frame requirements under subsection (1) of this section in the event that the schedule of arrivals of railroad cars carrying crude oil changes during a seven-day period.
(b) Twice per year, a facility must submit a report to the department that corrects inaccuracies in the advanced notices submitted under subsection (1) of this section. The facility is not required to correct in the report any insubstantial discrepancies between actual and scheduled train arrival times. The report must be submitted each year by July 31st for the period January 1st through June 30th and by January 31st for the period July 1st through December 31st.
(5) Consistent with the requirements of chapter 42.56 RCW, the department and any state, local, tribal, or public agency that receives information provided under this section may not disclose any such information to the public or to nongovernmental entities that is not aggregated and that contains proprietary, commercial, or financial information. The requirement for aggregating information does not apply when information is shared by the department with emergency response agencies as provided in subsection (2) of this section.
(6) The department shall adopt rules to implement this section. The advance notice system required in this section must be consistent with the oil transfer reporting system adopted by the department pursuant to RCW 88.46.165.
NEW SECTION. Sec. 9. A new section is added to chapter 90.56 RCW to read as follows:
The department shall periodically evaluate and update planning standards for oil spill response equipment required under contingency plans required by this chapter in order to ensure access in the state to equipment that represents the best achievable protection to respond to a worst case spill and provide for continuous operation of oil spill response activities to the maximum extent practicable and without jeopardizing crew safety, as determined by the incident commander or the unified command.
Sec. 10. RCW 88.40.011 and 2007 c 347 s 4 are each amended to read as follows:
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
(1) "Barge" means a vessel that is not self-propelled.
(2) "Cargo vessel" means a self-propelled ship in commerce, other than a tank vessel, fishing vessel, or a passenger vessel, of three hundred or more gross tons.
(3) "Bulk" means material that is stored or transported in a loose, unpackaged liquid, powder, or granular form capable of being conveyed by a pipe, bucket, chute, or belt system.
(4) "Covered vessel" means a tank vessel, cargo vessel, or passenger vessel.
(5) "Department" means the department of ecology.
(6) "Director" means the director of the department of ecology.
(7)(a) "Facility" means any structure, group of structures, equipment, pipeline, or device, other than a vessel, located on or near the navigable waters of the state that transfers oil in bulk to or from any vessel with an oil carrying capacity over two hundred fifty barrels or pipeline, that is used for producing, storing, handling, transferring, processing, or transporting oil in bulk.
(b) For the purposes of oil spill contingency planning in RCW 90.56.210, advanced notice of oil transfers in section 8 of this act, and financial responsibility in RCW 88.40.025, facility also means a railroad that is not owned by the state that transports oil as bulk cargo.
(c) A facility does
not include any: (i) ((Railroad car,)) Motor vehicle((, or
other rolling stock)) while transporting oil over the highways ((or rail
lines)) of this state; (ii) retail motor vehicle motor fuel outlet; (iii)
facility that is operated as part of an exempt agricultural activity as
provided in RCW 82.04.330; (iv) underground storage tank regulated by the
department or a local government under chapter 90.76 RCW; or (v) marine fuel
outlet that does not dispense more than three thousand gallons of fuel to a
ship that is not a covered vessel, in a single transaction.
(8) "Fishing vessel" means a self-propelled commercial vessel of three hundred or more gross tons that is used for catching or processing fish.
(9) "Gross tons" means tonnage as determined by the United States coast guard under 33 C.F.R. section 138.30.
(10)
"Hazardous substances" means any substance listed as of March 1,
2003, in Table 302.4 of 40 C.F.R. Part 302 adopted under section ((101(14)))
102(a) of the federal comprehensive environmental response,
compensation, and liability act of 1980, as amended by P.L. 99-499. The
following are not hazardous substances for purposes of this chapter:
(a) Wastes listed as F001 through F028 in Table 302.4; and
(b) Wastes listed as K001 through K136 in Table 302.4.
(11) "Navigable waters of the state" means those waters of the state, and their adjoining shorelines, that are subject to the ebb and flow of the tide and/or are presently used, have been used in the past, or may be susceptible for use to transport intrastate, interstate, or foreign commerce.
(12)
"Oil" or "oils" means oil of any kind that is liquid at ((atmospheric
temperature)) twenty-five degrees Celsius and one atmosphere of pressure
and any fractionation thereof, including, but not limited to, crude oil, bitumen,
synthetic crude oil, natural gas well condensate, petroleum, gasoline, fuel
oil, diesel oil, biological oils and blends, oil sludge, oil refuse, and oil
mixed with wastes other than dredged spoil. Oil does not include any substance
listed as of March 1, 2003, in Table 302.4 of 40 C.F.R. Part 302 adopted under
section ((101(14))) 102(a) of the federal comprehensive
environmental response, compensation, and liability act of 1980, as amended by
P.L. 99-499.
(13) "Offshore facility" means any facility located in, on, or under any of the navigable waters of the state, but does not include a facility any part of which is located in, on, or under any land of the state, other than submerged land.
(14) "Onshore facility" means any facility any part of which is located in, on, or under any land of the state, other than submerged land, that because of its location, could reasonably be expected to cause substantial harm to the environment by discharging oil into or on the navigable waters of the state or the adjoining shorelines.
(15)(a) "Owner or operator" means (i) in the case of a vessel, any person owning, operating, or chartering by demise, the vessel; (ii) in the case of an onshore or offshore facility, any person owning or operating the facility; and (iii) in the case of an abandoned vessel or onshore or offshore facility, the person who owned or operated the vessel or facility immediately before its abandonment.
(b) "Operator" does not include any person who owns the land underlying a facility if the person is not involved in the operations of the facility.
(16) "Passenger vessel" means a ship of three hundred or more gross tons with a fuel capacity of at least six thousand gallons carrying passengers for compensation.
(17) "Ship" means any boat, ship, vessel, barge, or other floating craft of any kind.
(18) "Spill" means an unauthorized discharge of oil into the waters of the state.
(19) "Tank vessel" means a ship that is constructed or adapted to carry, or that carries, oil in bulk as cargo or cargo residue, and that:
(a) Operates on the waters of the state; or
(b) Transfers oil in a port or place subject to the jurisdiction of this state.
(20) "Waters of the state" includes lakes, rivers, ponds, streams, inland waters, underground water, salt waters, estuaries, tidal flats, beaches and lands adjoining the seacoast of the state, sewers, and all other surface waters and watercourses within the jurisdiction of the state of Washington.
(21) "Certificate of financial responsibility" means an official written acknowledgment issued by the director or the director's designee that an owner or operator of a covered vessel or facility, or the owner of the oil, has demonstrated to the satisfaction of the director or the director's designee that the relevant entity has the financial ability to pay for costs and damages caused by an oil spill.
Sec. 11. RCW 88.40.020 and 2003 c 91 s 3 and 2003 c 56 s 3 are each reenacted and amended to read as follows:
(1) Any barge that transports hazardous substances in bulk as cargo, using any port or place in the state of Washington or the navigable waters of the state shall establish evidence of financial responsibility in the amount of the greater of five million dollars, or three hundred dollars per gross ton of such vessel.
(2)(a) Except as provided in (b) or (c) of this subsection, a tank vessel that carries oil as cargo in bulk shall demonstrate financial responsibility to pay at least five hundred million dollars. The amount of financial responsibility required under this subsection is one billion dollars after January 1, 2004.
(b) The director by rule may establish a lesser standard of financial responsibility for tank vessels of three hundred gross tons or less. The standard shall set the level of financial responsibility based on the quantity of cargo the tank vessel is capable of carrying. The director shall not set the standard for tank vessels of three hundred gross tons or less below that required under federal law.
(c) The owner or operator of a tank vessel who is a member of an international protection and indemnity mutual organization and is covered for oil pollution risks up to the amounts required under this section is not required to demonstrate financial responsibility under this chapter. The director may require the owner or operator of a tank vessel to prove membership in such an organization.
(3)(a) A cargo vessel or passenger vessel that carries oil as fuel shall demonstrate financial responsibility to pay at least three hundred million dollars. However, a passenger vessel that transports passengers and vehicles between Washington state and a foreign country shall demonstrate financial responsibility to pay the greater of at least six hundred dollars per gross ton or five hundred thousand dollars.
(b) The owner or operator of a cargo vessel or passenger vessel who is a member of an international protection and indemnity mutual organization and is covered for oil pollution risks up to the amounts required under this section is not required to demonstrate financial responsibility under this chapter. The director may require the owner or operator of a cargo vessel or passenger vessel to prove membership in such an organization.
(4) A fishing vessel while on the navigable waters of the state must demonstrate financial responsibility in the following amounts: (a) For a fishing vessel carrying predominantly nonpersistent product, one hundred thirty-three dollars and forty cents per incident, for each barrel of total oil storage capacity, persistent and nonpersistent product, on the vessel or one million three hundred thirty-four thousand dollars, whichever is greater; or (b) for a fishing vessel carrying predominantly persistent product, four hundred dollars and twenty cents per incident, for each barrel of total oil storage capacity, persistent product and nonpersistent product, on the vessel or six million six hundred seventy thousand dollars, whichever is greater.
(5) The ((documentation
of financial responsibility shall demonstrate the ability of the document
holder to meet state and federal financial liability requirements for the
actual costs for removal of oil spills, for natural resource damages, and for
necessary expenses)) certificate of financial responsibility is
conclusive evidence that the person or entity holding the certificate is the
party responsible for the specified vessel, facility, or oil for purposes of determining
liability pursuant to this chapter.
(6) This section shall not apply to a covered vessel owned or operated by the federal government or by a state or local government.
Sec. 12. RCW 88.40.025 and 1991 c 200 s 704 are each amended to read as follows:
An onshore or
offshore facility shall demonstrate financial responsibility in an amount
determined by the department as necessary to compensate the state and affected
counties and cities for damages that might occur during a reasonable worst case
spill of oil from that facility into the navigable waters of the state. The
department shall ((consider such matters as the amount of oil that could be
spilled into the navigable waters from the facility, the cost of cleaning up
the spilled oil, the frequency of operations at the facility, the damages that
could result from the spill and the commercial availability and affordability
of financial responsibility)) adopt by rule an amount that will be
calculated by multiplying the reasonable per barrel cleanup and damage cost of
spilled oil, times the reasonable worst case spill volume, as measured in
barrels. This section shall not apply to an onshore or offshore facility
owned or operated by the federal government or by the state or local
government.
Sec. 13. RCW 88.40.030 and 2000 c 69 s 32 are each amended to read as follows:
(1) Financial
responsibility required by this chapter may be established by any one of, or a
combination of, the following methods acceptable to the department of ecology:
(((1))) (a) Evidence of insurance; (((2))) (b)
surety bonds; (((3))) (c) qualification as a self-insurer; ((or
(4))) (d) guaranty; (e) letter of credit; (f) certificate of deposits;
(g) protection and indemnity club membership; or (h) other evidence of
financial responsibility. Any bond filed shall be issued by a bonding company
authorized to do business in the United States. Documentation of such financial
responsibility shall be kept on any covered vessel and filed with the
department at least twenty-four hours before entry of the vessel into the
navigable waters of the state. A covered vessel is not required to file
documentation of financial responsibility twenty-four hours before entry of the
vessel into the navigable waters of the state, if the vessel has filed
documentation of financial responsibility with the federal government, and the
level of financial responsibility required by the federal government is the
same as or exceeds state requirements. The owner or operator of the vessel may
file with the department a certificate evidencing compliance with the
requirements of another state's or federal financial responsibility
requirements if the state or federal government requires a level of financial
responsibility the same as or greater than that required under this chapter.
(2) A certificate of financial responsibility may not have a term greater than one year.
Sec. 14. RCW 88.40.040 and 2003 c 56 s 4 are each amended to read as follows:
(1) ((It is
unlawful for any vessel required to have financial responsibility under this
chapter to enter or operate on Washington waters without meeting the
requirements of this chapter or rules adopted under this chapter, except)) A
vessel or facility need not demonstrate financial responsibility under this
chapter prior to using any port or place in the state of Washington or the
navigable waters of the state when necessary to avoid injury to the
vessel's or facility's crew or passengers. Any vessel owner or operator
that does not meet the financial responsibility requirements of this chapter
and any rules prescribed thereunder or the federal oil pollution act of 1990
shall be reported by the department to the United States coast guard.
(2) ((The department
shall enforce section 1016 of the federal oil pollution act of 1990 as
authorized by section 1019 of the federal act.)) Upon notification of an
oil spill or discharge or other action or potential liability, the director
shall reevaluate the validity of the certificate of financial responsibility.
If the director determines that, because of a spill outside of the state or some
other action or potential liability, the holder of a certificate may not have
the financial resources to pay damages for the oil spill or discharge or other
action or potential liability and have resources remaining available to meet
the requirements of this chapter, the director may suspend or revoke the
certificate.
(3) An owner or operator of more than one covered vessel, more than one facility, or one or more vessels and facilities, is only required to obtain a single certificate of financial responsibility that applies to all of the owner or operator's vessels and facilities.
(4) If a person holds a certificate for more than one covered vessel or facility and a spill or spills occurs from one or more of those vessels or facilities for which the owner or operator may be liable for damages in an amount exceeding five percent of the financial resources reflected by the certificate, as determined by the director, the certificate is immediately considered inapplicable to any vessel or facility not associated with the spill. In that event, the owner or operator shall demonstrate to the satisfaction of the director the amount of financial ability required pursuant to this chapter, as well as the financial ability to pay all damages that arise or have arisen from the spill or spills that have occurred.
Sec. 15. RCW 88.16.170 and 1991 c 200 s 601 are each amended to read as follows:
Because of the danger of spills, the legislature finds that the transportation of crude oil and refined petroleum products by tankers on the Columbia river, Grays Harbor, and on Puget Sound and adjacent waters creates a great potential hazard to important natural resources of the state and to jobs and incomes dependent on these resources.
The legislature
recognizes that the Columbia river has many natural obstacles to navigation and
shifting navigation channels that create the risk of an oil spill. The
legislature also recognizes Grays Harbor and Puget Sound and adjacent
waters are ((a)) relatively confined salt water environments with
irregular shorelines and therefore there is a greater than usual likelihood of
long-term damage from any large oil spill.
The legislature further recognizes that certain areas of the Columbia river, Grays Harbor, and Puget Sound and adjacent waters have limited space for maneuvering a large oil tanker and that these waters contain many natural navigational obstacles as well as a high density of commercial and pleasure boat traffic.
For these reasons,
it is important that large oil tankers be piloted by highly skilled persons who
are familiar with local waters and that such ((tankers)) vessels
have sufficient capability for rapid maneuvering responses.
It is therefore the
intent and purpose of RCW 88.16.180 and 88.16.190 to decrease the likelihood of
oil spills on the Columbia river, Grays Harbor, and on Puget Sound and
its shorelines by ((requiring all oil tankers above a certain size to employ
licensed pilots and to be escorted by a tug or tugs while navigating on certain
areas of Puget Sound and adjacent waters)) establishing safety
requirements that comprehensively address spill risks, which may include the
establishment of tug escorts and other measures to mitigate safety risks in
certain state waters.
Sec. 16. RCW 88.16.190 and 1994 c 52 s 1 are each amended to read as follows:
(1) ((Any oil
tanker, whether enrolled or registered, of greater than one hundred and
twenty-five thousand deadweight tons shall be prohibited from proceeding beyond
a point east of a line extending from Discovery Island light south to New
Dungeness light.
(2) An oil tanker,
whether enrolled or registered, of forty to one hundred and twenty-five
thousand deadweight tons may proceed beyond the points enumerated in subsection
(1) if such tanker possesses all of the following standard safety features:
(a) Shaft
horsepower in the ratio of one horsepower to each two and one-half deadweight
tons; and
(b) Twin screws;
and
(c) Double bottoms,
underneath all oil and liquid cargo compartments; and
(d) Two radars in
working order and operating, one of which must be collision avoidance radar;
and
(e) Such other
navigational position location systems as may be prescribed from time to time
by the board of pilotage commissioners:
PROVIDED, That, if
such forty to one hundred and twenty-five thousand deadweight ton tanker is in
ballast or is under escort of a tug or tugs with an aggregate shaft horsepower
equivalent to five percent of the deadweight tons of that tanker, subsection
(2) of this section shall not apply: PROVIDED FURTHER, That additional tug
shaft horsepower equivalencies may be required under certain conditions as
established by rule and regulation of the Washington utilities and
transportation commission pursuant to chapter 34.05 RCW: PROVIDED FURTHER, That)) Except as
provided in subsection (3) of this section, an oil tanker of greater than forty
thousand deadweight tons may operate in the waters described in (a) of this
subsection, to the extent that these waters are within the territorial
boundaries of Washington, only if the oil tanker is under the escort of a tug
or tugs in compliance with the requirements of subsection (5) of this section.
(a) Those waters east of a line extending from Discovery Island light south to New Dungeness light and all points in the Puget Sound area.
(b) The state board of pilotage commissioners, in consultation with the department of ecology and relying on the results of vessel traffic risk assessments, may write rules to implement this subsection (1)(b), but only after an event described in subsection (2) of this section takes place and only for the waters directly affected by the facility event. These rules may include tug escort requirements and other safety measures for oil tankers of greater than forty thousand deadweight tons, all articulated tug barges, and other towed waterborne vessels or barges that may apply in the following areas consistent with subsections (3)(a) and (5) of this section:
(i) Within a two-mile radius of the Grays Harbor pilotage district as defined in RCW 88.16.050;
(ii) Any inland portion of the Columbia river or within three miles of Cape Disappointment at the mouth of the Columbia river; or
(iii) The waters identified in (a) of this subsection.
(c) The state board of pilotage commissioners, in consultation with the department of ecology and relying on the results of vessel traffic risk assessments, shall adopt rules by June 30, 2017, to implement this subsection (1)(c). These rules may include tug escort requirements and other safety measures for oil tankers of greater than forty thousand deadweight tons, all articulated tug barges, and other towed waterborne vessels or barges and apply in the following areas consistent with subsections (3)(a) and (5) of this section: The waters described in (a) of this subsection, including all narrow channels of the San Juan Islands archipelago, Rosario Strait, Haro Strait, Boundary Pass, and connected waterways.
(2) The state board of pilotage commissioners may adopt rules under subsection (1)(b) of this section only after:
(a) The governor approves, after January 1, 2015, a recommendation of the energy facility site evaluation council pursuant to RCW 80.50.100 to certify a facility meeting the criteria listed in RCW 80.50.020(12) (d) or (f);
(b) A state agency or a local jurisdiction makes a final determination or issues a final permit after January 1, 2015, to site a new facility required to have a contingency plan pursuant to chapter 90.56 RCW or to provide authority for the first time to process or receive crude oil, as defined in chapter 90.56 RCW, to an existing facility required to have a contingency plan pursuant to chapter 90.56 RCW, other than a facility that is:
(i) A transmission pipeline; or
(ii) A railroad facility; or
(c) The state of Oregon or any local jurisdiction in Oregon makes a final determination or issues a final permit to site a new facility in the watershed of the Columbia river that would be required to have a contingency plan pursuant to chapter 90.56 RCW if an identical facility were located in Washington, or to provide authority for the first time to process or receive crude oil, as defined in chapter 90.56 RCW, to an existing facility that would be required to have a contingency plan pursuant to chapter 90.56 RCW if an identical facility were located in Washington, other than a facility that is:
(i) A transmission pipeline; or
(ii) A railroad facility.
(3)(a) If an oil tanker, articulated tug barge, or other towed waterborne vessel or barge is in ballast, the tug requirements of subsection (1) of this section do not apply.
(b) If an oil tanker is a single-hulled oil tanker of greater than five thousand gross tons, the requirements of subsection (1)(a) of this section do not apply and the oil tanker must instead comply with 33 C.F.R. Part 168, as of the effective date of this section.
(4)(a) Prior to proceeding with rule making as authorized under subsection (1)(b) and (c) of this section, the state board of pilotage commissioners must collaborate with the United States coast guard, the Oregon board of maritime pilots, the Puget Sound, Grays Harbor, and Columbia river harbor safety committees, area tribes, public ports in Oregon and Washington, local governments, and other appropriate entities. In adopting rules, the state board of pilotage commissioners must take into account any tug escort or other maritime safety measures for a water body that were or are required as mitigation or as a condition of a facility siting decision by a state agency or local jurisdiction.
(b) The department may not adopt any rules under this subsection or under subsection (1)(b) and (c) of this section until a vessel traffic risk assessment has been completed for the waters subject to the rule making. In order to adopt a rule under this section or subsection (1)(b) and (c) of this section, the board of pilotage commissioners must determine that the results of a vessel traffic risk assessment provides evidence that the rules are necessary in order to achieve best achievable protection as defined in RCW 88.46.010. In order for the state board of pilotage commissioners to rely on a vessel traffic risk assessment that is conducted after January 1, 2015, the vessel traffic risk assessment must involve a simulation analysis of vessel traffic. A simulation analysis is not required of a vessel traffic risk assessment relied upon by the state board of pilotage commissioners that was conducted before January 1, 2015.
(5) Oil tankers of greater than forty thousand deadweight tons, all articulated tug barges, and other towed waterborne vessels or barges must ensure that any escort tugs they use have an aggregate shaft horsepower equivalent to at least five percent of the deadweight tons of the escorted oil tanker or articulated tug barge. The state board of pilotage commissioners may adopt rules to ensure that escort tugs have sufficient mechanical capabilities to provide for safe escort. Rules adopted on this subject must be designed to achieve best achievable protection as defined under RCW 88.46.010.
(6) A tanker assigned a deadweight of equal to or less than forty thousand deadweight tons at the time of construction or reconstruction as reported in Lloyd's Register of Ships is not subject to the provisions of RCW 88.16.170 through 88.16.190.
(7) The provisions of this section do not apply to pilotage for enrolled tankers.
(8) For the purposes of this section:
(a) "Articulated tug barge" means a tank barge and a towing vessel joined by hinged or articulated fixed mechanical equipment affixed or connecting to the stern of the tank barge.
(b) "Oil tanker" means a self-propelled deep draft tank vessel designed to transport oil in bulk. "Oil tanker" does not include an articulated tug barge tank vessel.
(c) "Waterborne vessel or barge" means any ship, barge, or other watercraft capable of traveling on the navigable waters of this state and capable of transporting any crude oil or petroleum product in quantities of ten thousand gallons or more for purposes other than providing fuel for its motor or engine.
Sec. 17. RCW 82.23B.010 and 1992 c 73 s 6 are each amended to read as follows:
((Unless the
context clearly requires otherwise,)) The definitions in this
section apply throughout this chapter unless the context clearly requires
otherwise.
(1) "Barrel" means a unit of measurement of volume equal to forty-two United States gallons of crude oil or petroleum product.
(2) "Crude oil" means any naturally occurring liquid hydrocarbons at atmospheric temperature and pressure coming from the earth, including condensate and natural gasoline.
(3) "Department" means the department of revenue.
(4) "Marine terminal" means a facility of any kind, other than a waterborne vessel, that is used for transferring crude oil or petroleum products to or from a waterborne vessel or barge.
(5) "Navigable waters" means those waters of the state and their adjoining shorelines that are subject to the ebb and flow of the tide, including the Columbia and Snake rivers.
(6) "Person" has the meaning provided in RCW 82.04.030.
(7) "Petroleum product" means any liquid hydrocarbons at atmospheric temperature and pressure that are the product of the fractionation, distillation, or other refining or processing of crude oil, and that are used as, useable as, or may be refined as a fuel or fuel blendstock, including but not limited to, gasoline, diesel fuel, aviation fuel, bunker fuel, and fuels containing a blend of alcohol and petroleum.
(8)
"Taxpayer" means the person owning crude oil or petroleum products
immediately after receipt of the same into the storage tanks of a marine or
bulk oil terminal in this state ((from a waterborne vessel or barge))
and who is liable for the taxes imposed by this chapter.
(9)
"Waterborne vessel or barge" means any ship, barge, or other
watercraft capable of ((travelling)) traveling on the navigable
waters of this state and capable of transporting any crude oil or petroleum
product in quantities of ten thousand gallons or more for purposes other than
providing fuel for its motor or engine.
(10) "Bulk oil terminal" means a facility of any kind, other than a waterborne vessel, that is used for transferring crude oil or petroleum products from a tank car or pipeline.
(11) "Tank car" means a rail car, the body of which consists of a tank for transporting liquids.
Sec. 18. RCW 82.23B.020 and 2006 c 256 s 2 are each amended to read as follows:
(1) An oil spill response tax is imposed on the privilege of receiving: (a) Crude oil or petroleum products at a marine terminal within this state from a waterborne vessel or barge operating on the navigable waters of this state; (b) crude oil or petroleum products at a bulk oil terminal within this state from a tank car; or (c) crude oil or petroleum products at a bulk oil terminal within this state from a pipeline. The tax imposed in this section is levied upon the owner of the crude oil or petroleum products immediately after receipt of the same into the storage tanks of a marine or bulk oil terminal from a tank car, pipeline, or waterborne vessel or barge at the rate of one cent per barrel of crude oil or petroleum product received.
(2) In addition to
the tax imposed in subsection (1) of this section, an oil spill administration
tax is imposed on the privilege of receiving: (a) Crude oil or petroleum
products at a marine terminal within this state from a waterborne vessel or
barge operating on the navigable waters of this state; (b) crude oil or
petroleum products at a bulk oil terminal within this state from a tank car;
and (c) crude oil or petroleum products at a bulk oil terminal within this
state from a pipeline. The tax imposed in this section is levied upon the
owner of the crude oil or petroleum products immediately after receipt of the
same into the storage tanks of a marine or bulk oil terminal from a tank
car, pipeline, or waterborne vessel or barge at the rate of ((four))
eight cents per barrel of crude oil or petroleum product.
(3) The taxes
imposed by this chapter ((shall)) must be collected by the marine
or bulk oil terminal operator from the taxpayer. If any person charged
with collecting the taxes fails to bill the taxpayer for the taxes, or in the
alternative has not notified the taxpayer in writing of the ((imposition of
the)) taxes imposed, or having collected the taxes, fails to pay
them to the department in the manner prescribed by this chapter, whether such
failure is the result of the person's own acts or the result of acts or
conditions beyond the person's control, he or she ((shall)),
nevertheless, ((be)) is personally liable to the state for the
amount of the taxes. Payment of the taxes by the owner to a marine or bulk
oil terminal operator ((shall)) relieves the owner from
further liability for the taxes.
(4) Taxes collected
under this chapter ((shall)) must be held in trust until paid to
the department. Any person collecting the taxes who appropriates or converts
the taxes collected ((shall be)) is guilty of a gross misdemeanor
if the money required to be collected is not available for payment on the date
payment is due. The taxes required by this chapter to be collected ((shall))
must be stated separately from other charges made by the marine or
bulk oil terminal operator in any invoice or other statement of account
provided to the taxpayer.
(5) If a taxpayer fails to pay the taxes imposed by this chapter to the person charged with collection of the taxes and the person charged with collection fails to pay the taxes to the department, the department may, in its discretion, proceed directly against the taxpayer for collection of the taxes.
(6) The taxes ((shall
be)) are due from the marine or bulk oil terminal operator,
along with reports and returns on forms prescribed by the department, within
twenty-five days after the end of the month in which the taxable activity
occurs.
(7) The amount of
taxes, until paid by the taxpayer to the marine or bulk oil terminal
operator or to the department, ((shall)) constitutes a debt from
the taxpayer to the marine or bulk oil terminal operator. Any person
required to collect the taxes under this chapter who, with intent to violate
the provisions of this chapter, fails or refuses to do so as required and any
taxpayer who refuses to pay any taxes due under this chapter, ((shall be))
is guilty of a misdemeanor as provided in chapter 9A.20 RCW.
(8) Upon prior
approval of the department, the taxpayer may pay the taxes imposed by this
chapter directly to the department. The department ((shall)) must
give its approval for direct payment under this section whenever it appears, in
the department's judgment, that direct payment will enhance the administration
of the taxes imposed under this chapter. The department ((shall)) must
provide by rule for the issuance of a direct payment certificate to any
taxpayer qualifying for direct payment of the taxes. Good faith acceptance of a
direct payment certificate by a terminal operator ((shall)) relieves
the marine or bulk oil terminal operator from any liability for the
collection or payment of the taxes imposed under this chapter.
(9) All receipts
from the tax imposed in subsection (1) of this section ((shall)) must
be deposited into the state oil spill response account. All receipts from the
tax imposed in subsection (2) of this section shall be deposited into the oil
spill prevention account.
(10) Within
forty-five days after the end of each calendar quarter, the office of financial
management ((shall)) must determine the balance of the oil spill
response account as of the last day of that calendar quarter. Balance
determinations by the office of financial management under this section are
final and ((shall)) may not be used to challenge the validity of
any tax imposed under this chapter. The office of financial management ((shall))
must promptly notify the departments of revenue and ecology of the
account balance once a determination is made. For each subsequent calendar
quarter, the tax imposed by subsection (1) of this section shall be imposed
during the entire calendar quarter unless:
(a) Tax was imposed under subsection (1) of this section during the immediately preceding calendar quarter, and the most recent quarterly balance is more than nine million dollars; or
(b) Tax was not imposed under subsection (1) of this section during the immediately preceding calendar quarter, and the most recent quarterly balance is more than eight million dollars.
Sec. 19. RCW 82.23B.030 and 1992 c 73 s 9 are each amended to read as follows:
The taxes imposed
under this chapter ((shall)) only apply to the first receipt of crude
oil or petroleum products at a marine or bulk oil terminal in this state
and not to the later transporting and subsequent receipt of the same oil or
petroleum product, whether in the form originally received at a marine or
bulk oil terminal in this state or after refining or other processing.
Sec. 20. RCW 82.23B.040 and 1992 c 73 s 10 are each amended to read as follows:
Credit ((shall))
must be allowed against the taxes imposed under this chapter for any
crude oil or petroleum products received at a marine or bulk oil
terminal and subsequently exported from or sold for export from the state.
Sec. 21. RCW 38.52.040 and 2011 1st sp.s. c 21 s 27, 2011 c 336 s 789, and 2011 c 79 s 9 are each reenacted and amended to read as follows:
(1) There is hereby created the emergency management council (hereinafter called the council), to consist of not more than seventeen members who shall be appointed by the adjutant general. The membership of the council shall include, but not be limited to, representatives of city and county governments, sheriffs and police chiefs, the Washington state patrol, the military department, the department of ecology, state and local fire chiefs, seismic safety experts, state and local emergency management directors, search and rescue volunteers, medical professions who have expertise in emergency medical care, building officials, and private industry. The representatives of private industry shall include persons knowledgeable in emergency and hazardous materials management. The councilmembers shall elect a chair from within the council membership. The members of the council shall serve without compensation, but may be reimbursed for their travel expenses incurred in the performance of their duties in accordance with RCW 43.03.050 and 43.03.060 as now existing or hereafter amended.
(2) The emergency
management council shall advise the governor and the director on all matters
pertaining to state and local emergency management. The council may appoint
such ad hoc committees, subcommittees, and working groups as are required to
develop specific recommendations for the improvement of emergency management
practices, standards, policies, or procedures. The council shall ensure that
the governor receives an annual assessment of statewide emergency preparedness
including, but not limited to, specific progress on hazard mitigation and
reduction efforts, implementation of seismic safety improvements, reduction of
flood hazards, and coordination of hazardous materials planning and response
activities. ((The council or a subcommittee thereof shall periodically
convene in special session and serve during those sessions as the state
emergency response commission required by P.L. 99-499, the emergency planning
and community right-to-know act. When sitting in session as the state emergency
response commission, the council shall confine its deliberations to those items
specified in federal statutes and state administrative rules governing the
coordination of hazardous materials policy.)) The council shall review
administrative rules governing state and local emergency management practices
and recommend necessary revisions to the director.
(3) The council or a council subcommittee shall serve and periodically convene in special session as the state emergency response commission required by the emergency planning and community right-to-know act (42 U.S.C. Sec. 11001 et seq.). The state emergency response commission shall conduct those activities specified in federal statutes and regulations and state administrative rules governing the coordination of hazardous materials policy including, but not limited to, review of local emergency planning committee emergency response plans for compliance with the planning requirements in the emergency planning and community right-to-know act (42 U.S.C. Sec. 11001 et seq.). Committees shall annually review their plans to address changed conditions, and submit their plans to the state emergency response commission for review when updated, but not less than at least once every five years. The department may employ staff to assist local emergency planning committees in the development and annual review of these emergency response plans, with an initial focus on the highest risk communities through which trains that transport oil in bulk travel. By March 1, 2018, the department shall report to the governor and legislature on progress towards compliance with planning requirements. The report must also provide budget and policy recommendations for continued support of local emergency planning.
(4)(a) The intrastate mutual aid committee is created and is a subcommittee of the emergency management council. The intrastate mutual aid committee consists of not more than five members who must be appointed by the council chair from council membership. The chair of the intrastate mutual aid committee is the military department representative appointed as a member of the council. Meetings of the intrastate mutual aid committee must be held at least annually.
(b) In support of the intrastate mutual aid system established in chapter 38.56 RCW, the intrastate mutual aid committee shall develop and update guidelines and procedures to facilitate implementation of the intrastate mutual aid system by member jurisdictions, including but not limited to the following: Projected or anticipated costs; checklists and forms for requesting and providing assistance; recordkeeping; reimbursement procedures; and other implementation issues. These guidelines and procedures are not subject to the rule-making requirements of chapter 34.05 RCW.
Sec. 22. RCW 81.24.010 and 2007 c 234 s 21 are each amended to read as follows:
(1) Every company
subject to regulation by the commission, except those listed in subsection (3)
of this section, shall, on or before the date specified by the commission for
filing annual reports under RCW 81.04.080, file with the commission a statement
on oath showing its gross operating revenue from intrastate operations for the
preceding calendar year, or portion thereof, and pay to the commission a fee
equal to one-tenth of one percent of the first fifty thousand dollars of gross
operating revenue, plus two-tenths of one percent of any gross operating
revenue in excess of fifty thousand dollars, except railroad companies which
shall each pay to the commission a fee equal to ((one)) two and
one-half percent of its intrastate gross operating revenue. In the event
that the sum total of intrastate gross operating revenues for the railroad
companies operating in Washington declines while the sum total of interstate
gross operating revenues increases, the commission may assess a reasonable
surcharge on railroad companies to enable collection of moneys up to the sum
total of revenues collected in fiscal year 2017 from railroad companies
operating in Washington. The commission must adopt a rule to implement the
surcharge. The commission may, by rule, set minimum fees that do not exceed
the cost of collecting the fees. The commission may by rule waive any or all of
the minimum fee established pursuant to this section. Any railroad association
that qualifies as a nonprofit charitable organization under the federal
internal revenue code section 501(c)(3) is exempt from the fee required under
this subsection.
(2) The percentage rates of gross operating revenue to be paid in any one year may be decreased by the commission for any class of companies subject to the payment of such fees, by general order entered before March 1st of such year, and for such purpose railroad companies are classified as class two. Every other company subject to regulation by the commission, for which regulatory fees are not otherwise fixed by law, shall pay fees as herein provided and shall constitute additional classes according to kinds of businesses engaged in.
(3) This section does not apply to private nonprofit transportation providers, auto transportation companies, charter party carriers and excursion service carriers, solid waste collection companies, motor freight carriers, household goods carriers, commercial ferries, and low-level radioactive waste storage facilities.
NEW SECTION. Sec. 23. A new section is added to chapter 81.44 RCW to read as follows:
Commission employees certified by the federal railroad administration to perform hazardous materials inspections may enter the property of any business that receives, ships, or offers for shipment hazardous materials by rail. Entry shall be at a reasonable time and in a reasonable manner. The purpose of entry is limited to performing inspections, investigations, or surveillance of equipment, records, and operations relating to the packaging, loading, unloading, or transportation of hazardous materials by rail, pursuant only to the state participation program outlined in 49 C.F.R. Part 212. The term "business" is all inclusive and is not limited to common carriers or public service companies.
Sec. 24. RCW 81.53.010 and 2013 c 23 s 302 are each amended to read as follows:
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
((The term))
(1) "Commission((,))" ((when used in this
chapter,)) means the utilities and transportation commission of Washington.
((The term))
(2) "Highway((,))" ((when used in this
chapter,)) includes all state and county roads, streets, alleys, avenues,
boulevards, parkways, and other public places actually open and in use, or to
be opened and used, for travel by the public.
((The term))
(3) "Railroad((,))" ((when used in this
chapter,)) means every railroad, including interurban and suburban electric
railroads, by whatsoever power operated, for the public use in the conveyance
of persons or property for hire, with all bridges, ferries, tunnels, equipment,
switches, spurs, sidings, tracks, stations, and terminal facilities of every
kind, used, operated, controlled, managed, or owned by or in connection
therewith. The ((said)) term ((shall)) also includes every
logging and other industrial railway owned or operated primarily for the
purpose of carrying the property of its owners or operators or of a limited
class of persons, with all tracks, spurs, and sidings used in connection
therewith. The ((said)) term ((shall)) does not include
street railways operating within the limits of any incorporated city or town.
((The term))
(4) "Railroad company((,))" ((when used in
this chapter,)) includes every corporation, company, association, joint
stock association, partnership, or person, its, their, or his or her lessees,
trustees, or receivers appointed by any court whatsoever, owning, operating,
controlling, or managing any railroad((, as that term is defined in this
section)).
((The term))
(5) "Over-crossing((,))" ((when used in this
chapter,)) means any point or place where a highway crosses a railroad by
passing above the same. "Over-crossing" also means any point or
place where one railroad crosses another railroad not at grade.
((The term))
(6) "Under-crossing((,))" ((when used in this
chapter,)) means any point or place where a highway crosses a railroad by
passing under the same. "Under-crossing" also means any point or
place where one railroad crosses another railroad not at grade.
((The term
"over-crossing" or "under-crossing," shall also mean any
point or place where one railroad crosses another railroad not at grade.
The term)) (7)
"Grade crossing((,))" ((when used in this chapter,))
means any point or place where a railroad crosses a highway or a highway
crosses a railroad or one railroad crosses another, at a common grade.
(8) "Private crossing" means any point or place where a railroad crosses a private road at grade or a private road crosses a railroad at grade, where the private road is not a highway.
Sec. 25. RCW 81.53.240 and 1984 c 7 s 375 are each amended to read as follows:
(1) Except to the
extent necessary to permit participation by first‑class cities in the
grade crossing protective fund, when an election to participate is made as
provided in RCW 81.53.261 through 81.53.291, or to the extent a first-class
city requests to participate in the commission's crossing safety inspection
program within the city, this chapter ((81.53 RCW)) is not operative
within the limits of first‑class cities, and does not apply to street
railway lines operating on or across any street, alley, or other public place
within the limits of any city, except that a streetcar line outside of cities
of the first class shall not cross a railroad at grade without express
authority from the commission. The commission may not change the location of a
state highway without the approval of the secretary of transportation, or the
location of any crossing thereon adopted or approved by the department of
transportation, or grant a railroad authority to cross a state highway at grade
without the consent of the secretary of transportation.
(2) Within thirty days of the effective date of this section, first-class cities must provide to the commission a list of all existing public crossings within the limits of a first-class city, including over and under-crossings, including the United States department of transportation number for the crossing. Within thirty days of modifying, closing, or opening a grade crossing within the limits of a first-class city, the city must notify the commission in writing of the action taken, identifying the crossing by United States department of transportation number.
NEW SECTION. Sec. 26. A new section is added to chapter 81.53 RCW to read as follows:
(1) To address the potential public safety hazards presented by private crossings in the state and by the transportation of hazardous materials in the state, including crude oil, the commission is authorized to and must adopt rules governing safety standards for private crossings along the railroad tracks over which crude oil is transported in the state. The commission is also authorized to conduct inspections of the private crossings subject to this section, to order the railroads to make improvements at the private crossings, and enforce the orders.
(2) The commission must adopt rules governing private crossings along railroad tracks over which crude oil is transported in the state, establishing:
(a) Minimum safety standards for the private crossings subject to this section, including, but not limited to, requirements for signage;
(b) Criteria for prioritizing the inspection and improvements of the private crossings subject to this section; and
(c) Requirements governing the responsibilities of railroad companies to oversee the payment and completion of private crossing improvements.
(3) Nothing in this section modifies existing agreements between the railroad company and the landowner governing liability for injuries or damages occurring at the private crossing.
Sec. 27. RCW 88.46.180 and 2011 c 122 s 2 are each amended to read as follows:
(1) The department shall evaluate and update planning standards for oil spill response equipment required under contingency plans required by this chapter, including aerial surveillance, in order to ensure access in the state to equipment that represents the best achievable protection to respond to a worst case spill and provide for continuous operation of oil spill response activities to the maximum extent practicable and without jeopardizing crew safety, as determined by the incident commander or the unified command.
(2) The department shall by rule update the planning standards at five-year intervals to ensure the maintenance of best available protection over time. Rule updates to covered nontank vessels shall minimize potential impacts to discretionary cargo moved through the state.
(((3) The
department shall evaluate and update planning standards for tank vessels by
December 31, 2012.))
Sec. 28. RCW 42.56.270 and 2014 c 192 s 6, 2014 c 174 s 5, and 2014 c 144 s 6 are each reenacted and amended to read as follows:
The following financial, commercial, and proprietary information is exempt from disclosure under this chapter:
(1) Valuable formulae, designs, drawings, computer source code or object code, and research data obtained by any agency within five years of the request for disclosure when disclosure would produce private gain and public loss;
(2) Financial information supplied by or on behalf of a person, firm, or corporation for the purpose of qualifying to submit a bid or proposal for (a) a ferry system construction or repair contract as required by RCW 47.60.680 through 47.60.750 or (b) highway construction or improvement as required by RCW 47.28.070;
(3) Financial and commercial information and records supplied by private persons pertaining to export services provided under chapters 43.163 and 53.31 RCW, and by persons pertaining to export projects under RCW 43.23.035;
(4) Financial and commercial information and records supplied by businesses or individuals during application for loans or program services provided by chapters 43.325, 43.163, 43.160, 43.330, and 43.168 RCW, or during application for economic development loans or program services provided by any local agency;
(5) Financial information, business plans, examination reports, and any information produced or obtained in evaluating or examining a business and industrial development corporation organized or seeking certification under chapter 31.24 RCW;
(6) Financial and commercial information supplied to the state investment board by any person when the information relates to the investment of public trust or retirement funds and when disclosure would result in loss to such funds or in private loss to the providers of this information;
(7) Financial and valuable trade information under RCW 51.36.120;
(8) Financial, commercial, operations, and technical and research information and data submitted to or obtained by the clean Washington center in applications for, or delivery of, program services under chapter 70.95H RCW;
(9) Financial and commercial information requested by the public stadium authority from any person or organization that leases or uses the stadium and exhibition center as defined in RCW 36.102.010;
(10)(a) Financial information, including but not limited to account numbers and values, and other identification numbers supplied by or on behalf of a person, firm, corporation, limited liability company, partnership, or other entity related to an application for a horse racing license submitted pursuant to RCW 67.16.260(1)(b), marijuana producer, processor, or retailer license, liquor license, gambling license, or lottery retail license;
(b) Internal control documents, independent auditors' reports and financial statements, and supporting documents: (i) Of house-banked social card game licensees required by the gambling commission pursuant to rules adopted under chapter 9.46 RCW; or (ii) submitted by tribes with an approved tribal/state compact for class III gaming;
(11) Proprietary data, trade secrets, or other information that relates to: (a) A vendor's unique methods of conducting business; (b) data unique to the product or services of the vendor; or (c) determining prices or rates to be charged for services, submitted by any vendor to the department of social and health services for purposes of the development, acquisition, or implementation of state purchased health care as defined in RCW 41.05.011;
(12)(a) When supplied to and in the records of the department of commerce:
(i) Financial and proprietary information collected from any person and provided to the department of commerce pursuant to RCW 43.330.050(8); and
(ii) Financial or proprietary information collected from any person and provided to the department of commerce or the office of the governor in connection with the siting, recruitment, expansion, retention, or relocation of that person's business and until a siting decision is made, identifying information of any person supplying information under this subsection and the locations being considered for siting, relocation, or expansion of a business;
(b) When developed by the department of commerce based on information as described in (a)(i) of this subsection, any work product is not exempt from disclosure;
(c) For the purposes of this subsection, "siting decision" means the decision to acquire or not to acquire a site;
(d) If there is no written contact for a period of sixty days to the department of commerce from a person connected with siting, recruitment, expansion, retention, or relocation of that person's business, information described in (a)(ii) of this subsection will be available to the public under this chapter;
(13) Financial and proprietary information submitted to or obtained by the department of ecology or the authority created under chapter 70.95N RCW to implement chapter 70.95N RCW;
(14) Financial, commercial, operations, and technical and research information and data submitted to or obtained by the life sciences discovery fund authority in applications for, or delivery of, grants under chapter 43.350 RCW, to the extent that such information, if revealed, would reasonably be expected to result in private loss to the providers of this information;
(15) Financial and commercial information provided as evidence to the department of licensing as required by RCW 19.112.110 or 19.112.120, except information disclosed in aggregate form that does not permit the identification of information related to individual fuel licensees;
(16) Any production records, mineral assessments, and trade secrets submitted by a permit holder, mine operator, or landowner to the department of natural resources under RCW 78.44.085;
(17)(a) Farm plans developed by conservation districts, unless permission to release the farm plan is granted by the landowner or operator who requested the plan, or the farm plan is used for the application or issuance of a permit;
(b) Farm plans developed under chapter 90.48 RCW and not under the federal clean water act, 33 U.S.C. Sec. 1251 et seq., are subject to RCW 42.56.610 and 90.64.190;
(18) Financial, commercial, operations, and technical and research information and data submitted to or obtained by a health sciences and services authority in applications for, or delivery of, grants under RCW 35.104.010 through 35.104.060, to the extent that such information, if revealed, would reasonably be expected to result in private loss to providers of this information;
(19) Information gathered under chapter 19.85 RCW or RCW 34.05.328 that can be identified to a particular business;
(20) Financial and
commercial information submitted to or obtained by the University of
Washington, other than information the university is required to disclose under
RCW 28B.20.150, when the information relates to investments in private funds,
to the extent that such information, if revealed, would reasonably be expected
to result in loss to the University of Washington consolidated endowment fund
or to result in private loss to the providers of this information; ((and))
(21) Market share
data submitted by a manufacturer under RCW 70.95N.190(4); ((and))
(22) Financial information supplied to the department of financial institutions or to a portal under RCW 21.20.883, when filed by or on behalf of an issuer of securities for the purpose of obtaining the exemption from state securities registration for small securities offerings provided under RCW 21.20.880 or when filed by or on behalf of an investor for the purpose of purchasing such securities; and
(23)(a) Unaggregated or individual notices of a transfer of crude oil that is financial, proprietary, or commercial information, submitted to the department of ecology pursuant to section 8(1)(a) of this act, and that is in the possession of the department of ecology or any entity with which the department of ecology has shared the notice pursuant to section 8 of this act; and
(b) Information submitted to the department of ecology by pipelines pursuant to section 8(1)(b) of this act that is related to diluting agents contained in transported oil and that is in the possession of the department of ecology or any entity with which the department of ecology has shared the information pursuant to section 8 of this act.
NEW SECTION. Sec. 29. A new section is added to chapter 81.40 RCW to read as follows:
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
(1) "Commission" means the utilities and transportation commission created in chapter 80.01 RCW.
(2) "Hazardous material" means a substance or material the federal secretary of transportation has determined to be capable of posing a significant risk to health, safety, and property when transported in commerce.
(3) "Hazardous material train" means any:
(a) High-hazard flammable train as defined by the United States department of transportation as of the effective date of this section; or
(b) Train containing one or more car loads of spent nuclear fuel or high level nuclear waste.
(4) "Qualified crew member" means a railroad operating craft employee who has been trained and meets the requirements and qualifications as determined by the federal railroad administration for a railroad operating service employee.
(5) "Railroad carrier" means a carrier of persons or property upon vehicles, other than streetcars, operated upon stationary rails, the route of which is principally outside incorporated cities and towns. "Railroad carrier" includes the officers and agents of the railroad carrier.
NEW SECTION. Sec. 30. A new section is added to chapter 81.40 RCW to read as follows:
Except as provided in section 31 of this act, the following minimum crew requirements apply:
(1) Any person, corporation, company, or officer of the court operating any railroad, railway, or any part of any railroad or railway, in the state of Washington, and engaged, as a common carrier, in the transportation of freight or passengers, shall operate all trains and switching assignments over its road with crews consisting of no less than two qualified crew members.
(2)(a) Railroad carriers shall operate all hazardous material trains over its road with crews consisting of no less than three qualified crew members. One qualified train crew member shall be assigned to a position located on the rear of the train and within rolling equipment, situated to safely observe and monitor the train's contents and movement.
(b) Railroad carriers shall operate any hazardous material trains consisting of fifty-one or more car loads of any combination of hazardous materials over its road with crews consisting of no less than four qualified crew members. Two qualified crew members shall be assigned to a position on the rear of the train and within rolling equipment, situated to safely observe and monitor the train's contents and movement.
NEW SECTION. Sec. 31. A new section is added to chapter 81.40 RCW to read as follows:
(1) Trains transporting hazardous material shipments a distance of five miles or less may operate the train with the required crew members positioned on the lead locomotive.
(2)(a) Class II and class III carriers transporting fewer than twenty loaded hazardous material cars on trains operating on their road while at a speed of twenty-five miles per hour or less are exempt from the additional train crew requirements specified in section 30(2) of this act.
(b) The commission may grant exemptions to the minimum crew size requirements to class III railroad carriers that are not transporting hazardous materials on their road.
(3)(a) The commission may order class I or II railroad carriers to exceed the minimum crew size and operate specific trains, routes, or switching assignments on their road with additional numbers of qualified crew members if it is determined that such an increase in crew size is necessary to protect the safety, health, and welfare of the public and railroad employees, to prevent harm to the environment, and to address local safety and security hazards.
(b) In issuing such an order the commission may consider relevant factors including but not limited to the volatility of the commodities being transported, vulnerabilities, risk exposure to localities along the train route, security risks including sabotage or terrorism threat levels, a railroad carriers prior history of accidents, compliance violations, and track and equipment maintenance issues.
NEW SECTION. Sec. 32. A new section is added to chapter 81.40 RCW to read as follows:
(1) Each train or engine run in violation of section 30 of this act constitutes a separate offense. However, section 30 of this act does not apply in the case of disability of one or more members of any train crew while out on the road between division terminals, or assigned to wrecking trains.
(2) Any person, corporation, company, or officer of the court operating any railroad, or part of any railroad or railway within the state of Washington, and engaged as a common carrier, in the transportation of freight or passengers, who violates any of the provisions of section 30 of this act shall be fined not less than one thousand dollars and not more than one hundred thousand dollars for each offense.
(3) It is the duty of the commission to enforce this section.
NEW SECTION. Sec. 33. The following acts or parts of acts are each repealed:
(1)RCW 81.40.010 (Full train crews—Passenger—Safety review—Penalty—Enforcement) and 2003 c 53 s 386, 1992 c 102 s 1, & 1961 c 14 s 81.40.010; and
(2)RCW 81.40.035 (Freight train crews) and 1967 c 2 s 2.
NEW SECTION. Sec. 34. A new section is added to chapter 90.56 RCW to read as follows:
(1) The department must provide to the relevant policy and fiscal committees of the senate and house of representatives:
(a) A review of all state geographic response plans and any federal requirements as needed in contingency plans required under RCW 90.56.210 and 88.46.060 by December 31, 2015; and
(b) Annual updates, beginning December 31, 2016, and ending December 31, 2021, as required under RCW 43.01.036, as to the progress made in completing state and federal geographic response plans as needed in contingency plans required under RCW 90.56.060, 90.56.210, and 88.46.060.
(2) The department must contract, if practicable, with eligible independent third parties to ensure completion by December 1, 2017, of at least fifty percent of the geographic response plans as needed in contingency plans required under RCW 90.56.210 and 88.46.060 for the state.
(3) All requirements in this section are subject to the availability of amounts appropriated for the specific purposes described.
NEW SECTION. Sec. 35. (1) Subject to the availability of amounts appropriated for this specific purpose, the department of ecology shall provide grants to emergency responders to assist with oil spill and hazardous materials response and firefighting equipment and resources needed to meet the requirements of this act.
(2) For the purposes of determining grant allocations, the department of ecology, in consultation with emergency first responders, oil spill response cooperatives, representatives from the oil and rail industries, and businesses that are recipients of liquid bulk crude oil shall: (a) Conduct an evaluation of oil spill and hazardous materials response and firefighting equipment and resources currently available for oil spill and hazardous materials response activities throughout the state; (b) review the local emergency management coordinating efforts for oil spill and hazardous materials response; (c) determine the need for additional, new, or updated equipment and resources; and (d) identify areas or regions of the state that are in greatest need of resources and oil spill and hazardous materials response and firefighting equipment.
(3) The department of ecology, in consultation with emergency first responders, oil spill response cooperatives, representatives from the oil and rail industries, and businesses that are recipients of liquid bulk crude oil shall review grant applications to prioritize grant awards using the evaluation of availability of oil spill and hazardous materials response and firefighting equipment and resources as determined in subsection (2) of this section.
(a) The application review must include evaluation of equipment and resource requests, funding requirements, and coordination with existing equipment and resources in the area.
(b) Funding must be prioritized for applicants from areas where the need for firefighting and oil spill and hazardous materials response equipment is the greatest as determined in subsection (2) of this section.
(c) Grants must be coordinated to maximize currently existing equipment and resources that have been put in place by first responders and industry.
NEW SECTION. Sec. 36. Subject to the availability of amounts appropriated for this specific purpose, the department of ecology and the utilities and transportation commission shall jointly hold a symposium on oil spill prevention and response activities for international transport of liquid bulk crude oil. The department of ecology and the utilities and transportation commission must invite representatives from affected tribes, public interest organizations, local governments, the United States government, Canadian provinces, Canada, and other appropriate stakeholders. The symposium must at a minimum address:
(1) Cooperative prevention and emergency response activities between the shared international and state borders;
(2) Expected risks posed by transport of Canadian crude oil or liquid bulk crude oil throughout the Pacific Northwest region; and
(3) An update of the marine transport of liquid bulk crude oil through the Pacific Northwest region.
NEW SECTION. Sec. 37. Sections 17 through 20 of this act take effect January 1, 2016.
NEW SECTION. Sec. 38. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.
NEW SECTION. Sec. 39. Except for sections 17 through 20 of this act, this act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect July 1, 2015."
Correct the title.
Signed by Representatives Fitzgibbon, Chair; Peterson, Vice Chair; Farrell; Fey; Goodman and McBride.
MINORITY recommendation: Do not pass. Signed by Representatives Shea, Ranking Minority Member; Short, Assistant Ranking Minority Member; Harris; Pike and Taylor.
Referred to Committee on Appropriations.
March 30, 2015
E2SSB 5179 Prime Sponsor, Committee on Ways & Means: Concerning paraeducators. Reported by Committee on Education
MAJORITY recommendation: Do pass as amended.
On page 3, line 11, after "(d)" strike all material through "certificated" on line 13 and insert the following:
"The office of the superintendent of public instruction and all educational service districts shall, in collaboration with the board, develop the courses necessary to meet the certification standards and ensure that paraeducators have multiple methods to access the courses. By January 1, 2017, the board, in collaboration with the office, the educational service districts, and the school districts receiving grants under subsection (4)(a) of this section, shall submit a report to the appropriate committees of the legislature. The report must include an analysis of the cost to the state and the school districts to implement the requirements of subsection (4)(b) of this section, and the cost to paraeducators to meet paraeducator certification and English language learner endorsement requirements"
Signed by Representatives Santos, Chair; Ortiz-Self, Vice Chair; Reykdal, Vice Chair; Magendanz, Ranking Minority Member; Muri, Assistant Ranking Minority Member; Stambaugh, Assistant Ranking Minority Member; Bergquist; Caldier; Fagan; Gregory; Griffey; Hargrove; Hunt, S.; Kilduff; Lytton; McCaslin; Orwall; Pollet and Springer.
MINORITY recommendation: Do not pass. Signed by Representatives Hayes and Klippert.
Referred to Committee on Appropriations.
March 30, 2015
SB 5205 Prime Sponsor, Senator Becker: Allowing spouses to combine volunteer hours for purposes of receiving a complimentary discover pass. Reported by Committee on Environment
MAJORITY recommendation: Do pass. Signed by Representatives Fitzgibbon, Chair; Peterson, Vice Chair; Shea, Ranking Minority Member; Short, Assistant Ranking Minority Member; Farrell; Goodman; Harris; McBride; Pike and Taylor.
Passed to Committee on Rules for second reading.
March 25, 2015
2SSB 5215 Prime Sponsor, Committee on Ways & Means: Establishing the Washington internet crimes against children account. Reported by Committee on Appropriations
MAJORITY recommendation: Do pass. Signed by Representatives Hunter, Chair; Ormsby, Vice Chair; Chandler, Ranking Minority Member; Parker, Assistant Ranking Minority Member; Wilcox, Assistant Ranking Minority Member; Buys; Carlyle; Cody; Condotta; Dent; Dunshee; Fagan; Haler; Hansen; Hudgins; Jinkins; Kagi; Lytton; MacEwen; Magendanz; Pettigrew; Sawyer; Schmick; Senn; Springer; Stokesbary; Sullivan; Tharinger; Van Werven and Walkinshaw.
MINORITY recommendation: Do not pass. Signed by Representatives Hunt, G. and Taylor.
Passed to Committee on Rules for second reading.
March 30, 2015
2SSB 5252 Prime Sponsor, Committee on Ways & Means: Creating a program to implement regional safety and security centers. Reported by Committee on Education
MAJORITY recommendation: Do pass as amended.
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1. The legislature finds that school personnel are often the first responders when there is a violent threat or natural or man-made disaster at a school. The legislature further finds that school personnel need to be trained to intervene and provide assistance during these emergency incidents. The legislature recognizes an educational service district has developed a model for a regional school safety and security center, which can provide this type of training. The legislature intends to provide training to other regions in the state by authorizing a pilot program to create regional school safety and security centers in three other educational service districts.
NEW SECTION. Sec. 2. (1) During the 2015-2017 biennium, three educational service districts shall implement a pilot program to create regional school safety and security centers in each of the three educational service districts. One educational service district must be an educational service district that is entirely west of the crest of the Cascade mountains and is partially bounded by an international border. One educational service district must be east of the crest of the Cascade mountains. One educational service district may be located anywhere in the state of Washington.
(2) The pilot program must include the following components:
(a) Establishment of a network of school safety coordinators for the educational service districts, which shall focus on prevention planning, intervention, mitigation, crisis response, and community recovery regarding emergency incidents in schools;
(b) Collaboration with the educational service district that developed the model for a regional school safety and security center to adopt its model for a regional school safety and security center;
(c) Creation of technology-based systems that enable more efficient and effective communication between schools and emergency response entities, including local law enforcement, local fire departments, and state and federal responders;
(d) Establishment of a plan to facilitate clear communication with students, parents, and guardians, including a system using school-based personnel or community organizations that can assist in providing information to those whose primary language is other than English;
(e) Provision of technology support in order to improve communication and data management between schools and emergency response entities;
(f) Ongoing training of school personnel and emergency responders to establish a system for preventative identification, intervention strategies, and management of risk behaviors;
(g) Development of a professional development program to train school personnel as first responders until the arrival of emergency responders; and
(h) Building a collaborative relationship between educational service districts participating in the pilot program, the office of the superintendent of public instruction, and the school safety advisory committee and focusing on expanding regional school safety and security centers to all of the other educational service districts.
(3) This section expires December 31, 2017."
Correct the title.
Signed by Representatives Santos, Chair; Ortiz-Self, Vice Chair; Reykdal, Vice Chair; Magendanz, Ranking Minority Member; Muri, Assistant Ranking Minority Member; Stambaugh, Assistant Ranking Minority Member; Bergquist; Caldier; Fagan; Gregory; Griffey; Hargrove; Hayes; Hunt, S.; Kilduff; Klippert; Lytton; McCaslin; Orwall; Pollet and Springer.
Referred to Committee on Appropriations.
March 30, 2015
SSB 5418 Prime Sponsor, Committee on Commerce & Labor: Creating a pilot program to improve care for catastrophically injured workers. Reported by Committee on Labor
MAJORITY recommendation: Do pass as amended.
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1. (1) The legislature finds:
(a) Each year, only a small percentage of industrial insurance cases in Washington involve catastrophic workplace injuries, yet they exact a tremendous toll on affected individuals and their families.
(b) A recent analysis by the department of labor and industries identified gaps which could be addressed through piloting improvements in coordination of care, best practices, and other cost-effective approaches for injured workers under the state's current industrial insurance system.
(2) The legislature therefore intends to direct the department of labor and industries to create a pilot program whereby a medical management firm, centers of excellence deploying collaborative care, and/or the state's centers of occupational health and education partner with the department in being responsible for the medical management and treatment of catastrophically injured workers. The goal of the pilot program is improved medical outcomes, increased return-to-work rates and/or better quality of life, and reduced industrial insurance costs.
NEW SECTION. Sec. 2. A new section is added to chapter 51.36 RCW to read as follows:
(1) The department must implement a three year pilot program beginning no later than January 1, 2016 under which innovative treatment and service interventions for catastrophically injured workers are compared in a prospective study and compared to usual or standardized care. The best practices and cost-effective approaches may be piloted by any or all of:
(a) A medical management firm with substantial experience in handling catastrophic workers' compensation cases.
(b) Centers of excellence deploying collaborative care.
(c) Centers of occupational health and education.
(d) Other innovative treatment or services that may be identified by systematic literature review.
(2) The following provisions apply to the pilot program:
(a) The pilot participants must develop a treatment plan and agreement for each injured worker that identifies an outcome, the treatment plan and, if applicable, a guaranteed price to achieve the outcome.
(b) The department must determine an approach to systematically and prospectively track outcomes of catastrophically injured workers including, at a minimum, standardized measures of functional recovery, return-to-work, and quality of life. The department must also contract with independent researchers for an analysis of the pilot program costs and outcomes.
(c) Pilot participants must provide all information required by the independent researchers to assess pilot program progress and costs and measure outcomes. Information provided to the independent researchers must also be provided to the department.
(d) Injured workers, in consultation with their attending physician and the department, may elect to participate or not in the pilot program. Participating injured workers retain the right to receive care from providers of their choice. Providers must meet the requirements of RCW 51.36.010(2).
(e) The department retains the exclusive authority to approve or deny particular treatment and the exclusive authority to pay all medical bills in accordance with the fee schedule established under RCW 51.04.030. The department may establish minimum treatment protocols and qualifications for the pilot participants including access to adequate medical, professional, and pharmacy providers and a network of health care facilities, suppliers, and services.
(3) For the purposes of the pilot program, catastrophic injuries include acute traumatic brain injuries; major extremity or multiple extremity amputations, fractures, or crush injuries; multiple trauma injuries; severe burns; paraplegia, quadriplegia, hemiplegia, and diplegia; and any other medical diagnosis determined by the department to be catastrophic.
(4) The independent researchers must make regular status reports to the department throughout the pilot program, and work with the department to develop and report on criteria to evaluate the pilot program. The criteria must address, but are not limited to:
(a) Whether the appropriate procedures are followed to ensure injured workers access to services in a timely fashion;
(b) The quality of the communication and other factors affecting the working relationship between the treatment and service provider, the injured worker, the department, and those involved in the care and treatment of the injured worker;
(c) Whether pilot program treatment protocols help address the gaps identified by the department in its September 2014 catastrophic claims gap analysis;
(d) Whether research results on cases involving catastrophic injury complement, inform, and improve the department's handling of other industrial insurance cases;
(e) Whether the pilot program results in improved medical outcomes, increased return-to-work rates and/or better quality of life for catastrophically injured workers, and reduced industrial insurance costs;
(f) Assessment of whether pilot participants are achieving stated goals;
(g) Average and median claims costs;
(h) Feasibility for the department to adopt processes and practices identified in the pilot program; and
(i) Assessment of any other cost-saving processes identified through the pilot program.
(5) Before the end of the three year period, the department must terminate the pilot program if it finds that the treatments and interventions are causing harm to workers and may terminate the pilot program if it finds that the treatments and interventions are not showing a benefit to workers.
(6) The department must provide a written report on the pilot program to the appropriate committees of the legislature each December through 2018 with a final report following the end of the pilot program in 2019.
(7) This section expires December 31, 2020."
Correct the title.
Signed by Representatives Sells, Chair; Gregerson, Vice Chair; Moeller and Ormsby.
MINORITY recommendation: Do not pass. Signed by Representatives Manweller, Ranking Minority Member; Hunt, G., Assistant Ranking Minority Member and McCabe.
Referred to Committee on Appropriations.
March 26, 2015
ESSB 5460 Prime Sponsor, Committee on Health Care: Allowing practitioners to prescribe and distribute prepackaged emergency medications to emergency room patients when a pharmacy is not available. Reported by Committee on Health Care & Wellness
MAJORITY recommendation: Do pass as amended.
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1. A new section is added to chapter 70.41 RCW to read as follows:
(1) The legislature finds that high quality, safe, and compassionate health care services for patients of Washington state must be available at all times. The legislature further finds that there is a need for patients being released from hospital emergency departments to maintain access to emergency medications when community or hospital pharmacy services are not available. It is the intent of the legislature to accomplish this objective by allowing practitioners with prescriptive authority to prescribe limited amounts of prepackaged emergency medications to patients being discharged from hospital emergency departments when access to community or outpatient hospital pharmacy services is not otherwise available.
(2) A hospital may allow a practitioner to prescribe prepackaged emergency medications and allow a practitioner or a registered nurse licensed under chapter 18.79 RCW to distribute prepackaged emergency medications to patients being discharged from a hospital emergency department during times when community or outpatient hospital pharmacy services are not available within fifteen miles by road or when, in the judgment of the practitioner and consistent with hospital policies and procedures, a patient has no reasonable ability to reach the local community or outpatient pharmacy. A hospital may only allow this practice if: The director of the hospital pharmacy, in collaboration with appropriate hospital medical staff, develops policies and procedures regarding the following:
(a) Development of a list, preapproved by the pharmacy director, of the types of emergency medications to be prepackaged and distributed;
(b) Assurances that emergency medications to be prepackaged pursuant to this section are prepared by a pharmacist or under the supervision of a pharmacist licensed under chapter 18.64 RCW;
(c) Development of specific criteria under which emergency prepackaged medications may be prescribed and distributed consistent with the limitations of this section;
(d) Assurances that any practitioner authorized to prescribe prepackaged emergency medication or any nurse authorized to distribute prepackaged emergency medication is trained on the types of medications available and the circumstances under which they may be distributed;
(e) Procedures to require practitioners intending to prescribe prepackaged emergency medications pursuant to this section to maintain a valid prescription either in writing or electronically in the patient's records prior to a medication being distributed to a patient;
(f) Establishment of a limit of no more than a forty-eight hour supply of emergency medication as the maximum to be dispensed to a patient, except when community or hospital pharmacy services will not be available within forty-eight hours. In no case may the policy allow a supply exceeding ninety-six hours be dispensed;
(g) Assurances that prepackaged emergency medications will be kept in a secure location in or near the emergency department in such a manner as to preclude the necessity for entry into the pharmacy; and
(h) Assurances that nurses or practitioners will distribute prepackaged emergency medications to patients only after a practitioner has counseled the patient on the medication.
(3) The delivery of a single dose of medication for immediate administration to the patient is not subject to the requirements of this section.
(4) For purposes of this section:
(a) "Emergency medication" means any medication commonly prescribed to emergency room patients, including those drugs, substances or immediate precursors listed in schedules II through V of the uniform controlled substances act, chapter 69.50 RCW, as now or hereafter amended.
(b) "Distribute" means the delivery of a drug or device other than by administering or dispensing.
(c) "Practitioner" means any person duly authorized by law or rule in the state of Washington to prescribe drugs as defined in RCW 18.64.011(24).
(d) "Nurse" means a registered nurse as defined in RCW 18.79.020.
NEW SECTION. Sec. 2. This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately."
Correct the title.
Signed by Representatives Cody, Chair; Riccelli, Vice Chair; Schmick, Ranking Minority Member; Harris, Assistant Ranking Minority Member; Caldier; Clibborn; Jinkins; Johnson; Moeller; Robinson; Rodne; Short; Tharinger and Van De Wege.
Passed to Committee on Rules for second reading.
March 25, 2015
SB 5468 Prime Sponsor, Senator King: Authorizing the use of nonappropriated funds on certain administrative costs and expenses of the stay-at-work and self-insured employer programs. Reported by Committee on Appropriations
MAJORITY recommendation: Do pass. Signed by Representatives Hunter, Chair; Ormsby, Vice Chair; Chandler, Ranking Minority Member; Parker, Assistant Ranking Minority Member; Wilcox, Assistant Ranking Minority Member; Buys; Carlyle; Cody; Condotta; Dent; Dunshee; Fagan; Haler; Hansen; Hudgins; Jinkins; Kagi; Lytton; MacEwen; Magendanz; Pettigrew; Sawyer; Schmick; Senn; Springer; Stokesbary; Sullivan; Tharinger; Van Werven and Walkinshaw.
MINORITY recommendation: Do not pass. Signed by Representatives Hunt, G. and Taylor.
Passed to Committee on Rules for second reading.
March 26, 2015
SSB 5488 Prime Sponsor, Committee on Health Care: Concerning applied behavior analysis. Reported by Committee on Health Care & Wellness
MAJORITY recommendation: Do pass. Signed by Representatives Cody, Chair; Riccelli, Vice Chair; Schmick, Ranking Minority Member; Harris, Assistant Ranking Minority Member; Caldier; Clibborn; Jinkins; Johnson; Moeller; Robinson; Rodne; Short; Tharinger and Van De Wege.
Referred to Committee on Appropriations.
March 30, 2015
SSB 5679 Prime Sponsor, Committee on Early Learning & K-12 Education: Concerning transition services for special education students. Reported by Committee on Education
MAJORITY recommendation: Do pass as amended.
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1. The legislature finds that research continues to suggest that high expectations for students with disabilities is paramount to improving student outcomes. The legislature further finds that to increase the number of students with disabilities who are prepared for higher education, teachers and administrators in K-12 education should continue to improve their acceptance of students with disabilities as full-fledged learners for whom there are high expectations. The legislature also encourages continuous development in transition services to higher education opportunities for these students. The legislature recognizes that other states have authorized transition planning to postsecondary settings for students with disabilities as early as the age of fourteen. To remove barriers and obstacles for students with disabilities to access to postsecondary settings including higher education, the legislature intends to authorize transition planning for students with disabilities as soon as practicable when educationally and developmentally appropriate.
Sec. 2. RCW 28A.155.220 and 2014 c 47 s 1 are each amended to read as follows:
(1) The office of the
superintendent of public instruction must establish interagency agreements with
the department of social and health services, the department of services for
the blind, and any other state agency that provides high school transition
services for special education students. Such interagency agreements shall not
interfere with existing individualized education programs or section 504
plans, nor override any individualized education program or section 504
planning team's decision-making power. The purpose of the interagency
agreements is to foster effective collaboration among the multiple agencies
providing transition services for individualized education ((plan)) program-eligible
and section 504 plan-eligible special education students from the
beginning of transition planning, as soon as educationally and
developmentally appropriate, through age twenty-one, or through high school
graduation, whichever occurs first. Interagency agreements are also intended to
streamline services and programs, promote efficiencies, and establish a uniform
focus on improved outcomes related to self-sufficiency. ((This subsection
does not require transition services plan development in addition to what
exists on June 12, 2014.))
(2)(a) When educationally and developmentally appropriate, the interagency responsibilities and linkages with transition services under subsection (1) of this section must be addressed in a transition plan to a postsecondary setting in the individualized education program or section 504 plan of a student with disabilities.
(b) Transition planning shall be based upon educationally and developmentally appropriate transition assessments that outline the student's individual needs, strengths, preferences, and interests. Transition assessments may include observations, interviews, inventories, situational assessments, formal and informal assessments, as well as academic assessments.
(c) The transition services that the transition plan must address include activities needed to assist the student in reaching postsecondary goals and courses of study to support postsecondary goals.
(d) Transition activities that the transition plan may address include instruction, related services, community experience, employment and other adult living objectives, daily living skills, and functional vocational evaluation.
(e) When educationally and developmentally appropriate, a discussion must take place with the student and parents, and others as needed, to determine the postsecondary goals or postschool vision for the student. This discussion may be included as part of an annual individualized education program review, section 504 plan review, high school and beyond plan meeting, or any other meeting that includes parents, students, and educators. The postsecondary goals included in the transition plan shall be goals that are measurable and must be based on appropriate transition assessments related to training, education, employment, and independent living skills, when necessary. The goals must also be based on the student's needs, while considering the strengths, preferences, and interests of the student.
(f) As the student gets older, changes in the transition plan may be noted in the annual update of the student's individualized education program or section 504 plan.
(g) A student with disabilities who has a high school and beyond plan may use the plan to comply with the transition plan required under this subsection (2).
(3) To the extent
that data is available through data-sharing agreements established by the
education data center under RCW 43.41.400, the education data center must
monitor the following outcomes for individualized education ((plan))program-eligible
or section 504 plan-eligible special education students after high
school graduation:
(a) The number of students who, within one year of high school graduation:
(i) Enter integrated employment paid at the greater of minimum wage or competitive wage for the type of employment, with access to related employment and health benefits; or
(ii) Enter a postsecondary education or training program focused on leading to integrated employment;
(b) The wages and number of hours worked per pay period;
(c) The impact of employment on any state and federal benefits for individuals with disabilities;
(d) Indicators of the types of settings in which students who previously received transition services primarily reside;
(e) Indicators of improved economic status and self-sufficiency;
(f) Data on those students for whom a postsecondary or integrated employment outcome does not occur within one year of high school graduation, including:
(i) Information on the reasons that the desired outcome has not occurred;
(ii) The number of months the student has not achieved the desired outcome; and
(iii) The efforts made to ensure the student achieves the desired outcome.
(((3))) (4)
To the extent that the data elements in subsection (((2))) (3) of this
section are available to the education data center through data-sharing
agreements, the office of the superintendent of public instruction must prepare
an annual report using existing resources and submit the report to the
legislature."
Correct the title.
Signed by Representatives Santos, Chair; Ortiz-Self, Vice Chair; Reykdal, Vice Chair; Magendanz, Ranking Minority Member; Muri, Assistant Ranking Minority Member; Stambaugh, Assistant Ranking Minority Member; Bergquist; Caldier; Fagan; Gregory; Griffey; Hargrove; Hunt, S.; Kilduff; Lytton; McCaslin; Orwall; Pollet and Springer.
MINORITY recommendation: Do not pass. Signed by Representatives Hayes and Klippert.
Passed to Committee on Rules for second reading.
March 25, 2015
SB 5693 Prime Sponsor, Senator Miloscia: Authorizing the department of social and health services special commitment center to seek eligibility and reimbursement for health care costs covered by federal medicare, medicaid, and veterans health benefits. Reported by Committee on Appropriations
MAJORITY recommendation: Do pass. Signed by Representatives Hunter, Chair; Ormsby, Vice Chair; Chandler, Ranking Minority Member; Parker, Assistant Ranking Minority Member; Wilcox, Assistant Ranking Minority Member; Buys; Carlyle; Cody; Dent; Dunshee; Fagan; Haler; Hansen; Hudgins; Jinkins; Kagi; Lytton; MacEwen; Magendanz; Pettigrew; Sawyer; Schmick; Senn; Springer; Stokesbary; Sullivan; Tharinger; Van Werven and Walkinshaw.
MINORITY recommendation: Do not pass. Signed by Representatives Hunt, G. and Taylor.
MINORITY recommendation: Without recommendation. Signed by Representative Condotta.
Passed to Committee on Rules for second reading.
March 30, 2015
SSB 5721 Prime Sponsor, Committee on Early Learning & K-12 Education: Concerning the membership of the expanded learning opportunities council. Reported by Committee on Education
MAJORITY recommendation: Do pass as amended.
On page 2, line 17, after "((fifteen))" strike "seventeen" and insert "twenty-one"
On page 2, line 38, after "communities;" strike "and"
On page 2, line 39, after "(xi)" insert the following:
"The Commission on African American Affairs;
(xii) The Commission on Asian Pacific American Affairs;
(xiii) The Commission on Hispanic Affairs;
(xiv) The Tribal Leader Congress on Education; and
(xv)"
On page 3, line 3, after "necessary." strike "Appointees" and insert "Initial appointees"
On page 3, line 4, after "2014." insert "Appointees of the council pursuant to subsection (5)(c)(ix) through (xiv) of this section shall be selected by August 31, 2015."
Signed by Representatives Santos, Chair; Ortiz-Self, Vice Chair; Reykdal, Vice Chair; Bergquist; Gregory; Hunt, S.; Kilduff; Lytton; Orwall; Pollet and Springer.
MINORITY recommendation: Do not pass. Signed by Representatives Magendanz, Ranking Minority Member; Muri, Assistant Ranking Minority Member; Caldier; Fagan; Griffey; Hargrove; Hayes; Klippert and McCaslin.
MINORITY recommendation: Without recommendation. Signed by Representative Stambaugh, Assistant Ranking Minority Member.
Passed to Committee on Rules for second reading.
March 30, 2015
SSB 5763 Prime Sponsor, Committee on Ways & Means: Establishing a coalition of commissioned officers of the department of fish and wildlife for the purposes of collective bargaining. Reported by Committee on Labor
MAJORITY recommendation: Do pass as amended.
Strike everything after the enacting clause and insert the following:
"Sec. 1. RCW 41.80.010 and 2013 2nd sp.s. c 4 s 971 are each amended to read as follows:
(1) For the purpose of negotiating collective bargaining agreements under this chapter, the employer shall be represented by the governor or governor's designee, except as provided for institutions of higher education in subsection (4) of this section.
(2)(a) If an exclusive bargaining representative represents more than one bargaining unit, the exclusive bargaining representative shall negotiate with each employer representative as designated in subsection (1) of this section one master collective bargaining agreement on behalf of all the employees in bargaining units that the exclusive bargaining representative represents. Except as provided in (d) of this subsection, for those exclusive bargaining representatives who represent fewer than a total of five hundred employees each, negotiation shall be by a coalition of all those exclusive bargaining representatives. The coalition shall bargain for a master collective bargaining agreement covering all of the employees represented by the coalition. The governor's designee and the exclusive bargaining representative or representatives are authorized to enter into supplemental bargaining of agency-specific issues for inclusion in or as an addendum to the master collective bargaining agreement, subject to the parties' agreement regarding the issues and procedures for supplemental bargaining. This section does not prohibit cooperation and coordination of bargaining between two or more exclusive bargaining representatives.
(b) This subsection (2) does not apply to exclusive bargaining representatives who represent employees of institutions of higher education, except when the institution of higher education has elected to exercise its option under subsection (4) of this section to have its negotiations conducted by the governor or governor's designee under the procedures provided for general government agencies in subsections (1) through (3) of this section.
(c) If five hundred or more employees of an independent state elected official listed in RCW 43.01.010 are organized in a bargaining unit or bargaining units under RCW 41.80.070, the official shall be consulted by the governor or the governor's designee before any agreement is reached under (a) of this subsection concerning supplemental bargaining of agency specific issues affecting the employees in such bargaining unit.
(d) For those exclusive bargaining representatives who represent commissioned officers, except for lieutenants and captains, of the department of fish and wildlife, negotiation shall be by a coalition of exclusive bargaining representatives who represent the commissioned officers. When negotiating, the parties must reference the wages, hours, and conditions of employment of like personnel of like state employers on the west coast of the United States for comparables in the bargaining process. If the commission determines that there has been bad faith bargaining or other unfair labor practices by the employer or the employee organizations representing commissioned officers, except for lieutenants and captains, of the department of fish and wildlife, the commission may order interest arbitration, in addition to other remedies provided under RCW 41.80.120, to effectuate the purposes and policy of this chapter.
(3) The governor shall submit a request for funds necessary to implement the compensation and fringe benefit provisions in the master collective bargaining agreement or for legislation necessary to implement the agreement. Requests for funds necessary to implement the provisions of bargaining agreements shall not be submitted to the legislature by the governor unless such requests:
(a) Have been submitted to the director of the office of financial management by October 1 prior to the legislative session at which the requests are to be considered; and
(b) Have been certified by the director of the office of financial management as being feasible financially for the state.
The legislature shall approve or reject the submission of the request for funds as a whole. The legislature shall not consider a request for funds to implement a collective bargaining agreement unless the request is transmitted to the legislature as part of the governor's budget document submitted under RCW 43.88.030 and 43.88.060. If the legislature rejects or fails to act on the submission, either party may reopen all or part of the agreement or the exclusive bargaining representative may seek to implement the procedures provided for in RCW 41.80.090.
(4)(a)(i) For the purpose of negotiating agreements for institutions of higher education, the employer shall be the respective governing board of each of the universities, colleges, or community colleges or a designee chosen by the board to negotiate on its behalf.
(ii) A governing board of a university or college may elect to have its negotiations conducted by the governor or governor's designee under the procedures provided for general government agencies in subsections (1) through (3) of this section, except that:
(A) The governor or the governor's designee and an exclusive bargaining representative shall negotiate one master collective bargaining agreement for all of the bargaining units of employees of a university or college that the representative represents; or
(B) If the parties mutually agree, the governor or the governor's designee and an exclusive bargaining representative shall negotiate one master collective bargaining agreement for all of the bargaining units of employees of more than one university or college that the representative represents.
(iii) A governing board of a community college may elect to have its negotiations conducted by the governor or governor's designee under the procedures provided for general government agencies in subsections (1) through (3) of this section.
(b) Prior to entering into negotiations under this chapter, the institutions of higher education or their designees shall consult with the director of the office of financial management regarding financial and budgetary issues that are likely to arise in the impending negotiations.
(c)(i) In the case of bargaining agreements reached between institutions of higher education other than the University of Washington and exclusive bargaining representatives agreed to under the provisions of this chapter, if appropriations are necessary to implement the compensation and fringe benefit provisions of the bargaining agreements, the governor shall submit a request for such funds to the legislature according to the provisions of subsection (3) of this section, except as provided in (c)(iii) of this subsection.
(ii) In the case of bargaining agreements reached between the University of Washington and exclusive bargaining representatives agreed to under the provisions of this chapter, if appropriations are necessary to implement the compensation and fringe benefit provisions of a bargaining agreement, the governor shall submit a request for such funds to the legislature according to the provisions of subsection (3) of this section, except as provided in this subsection (4)(c)(ii) and as provided in (c)(iii) of this subsection.
(A) If appropriations of less than ten thousand dollars are necessary to implement the provisions of a bargaining agreement, a request for such funds shall not be submitted to the legislature by the governor unless the request has been submitted to the director of the office of financial management by October 1 prior to the legislative session at which the request is to be considered.
(B) If appropriations of ten thousand dollars or more are necessary to implement the provisions of a bargaining agreement, a request for such funds shall not be submitted to the legislature by the governor unless the request:
(I) Has been submitted to the director of the office of financial management by October 1 prior to the legislative session at which the request is to be considered; and
(II) Has been certified by the director of the office of financial management as being feasible financially for the state.
(C) If the director of the office of financial management does not certify a request under (c)(ii)(B) of this subsection as being feasible financially for the state, the parties shall enter into collective bargaining solely for the purpose of reaching a mutually agreed upon modification of the agreement necessary to address the absence of those requested funds. The legislature may act upon the compensation and fringe benefit provisions of the modified collective bargaining agreement if those provisions are agreed upon and submitted to the office of financial management and legislative budget committees before final legislative action on the biennial or supplemental operating budget by the sitting legislature.
(iii) In the case of a bargaining unit of employees of institutions of higher education in which the exclusive bargaining representative is certified during or after the conclusion of a legislative session, the legislature may act upon the compensation and fringe benefit provisions of the unit's initial collective bargaining agreement if those provisions are agreed upon and submitted to the office of financial management and legislative budget committees before final legislative action on the biennial or supplemental operating budget by the sitting legislature.
(5) There is hereby created a joint committee on employment relations, which consists of two members with leadership positions in the house of representatives, representing each of the two largest caucuses; the chair and ranking minority member of the house appropriations committee, or its successor, representing each of the two largest caucuses; two members with leadership positions in the senate, representing each of the two largest caucuses; and the chair and ranking minority member of the senate ways and means committee, or its successor, representing each of the two largest caucuses. The governor shall periodically consult with the committee regarding appropriations necessary to implement the compensation and fringe benefit provisions in the master collective bargaining agreements, and upon completion of negotiations, advise the committee on the elements of the agreements and on any legislation necessary to implement the agreements.
(6) If, after the compensation and fringe benefit provisions of an agreement are approved by the legislature, a significant revenue shortfall occurs resulting in reduced appropriations, as declared by proclamation of the governor or by resolution of the legislature, both parties shall immediately enter into collective bargaining for a mutually agreed upon modification of the agreement.
(7) After the expiration date of a collective bargaining agreement negotiated under this chapter, all of the terms and conditions specified in the collective bargaining agreement remain in effect until the effective date of a subsequently negotiated agreement, not to exceed one year from the expiration date stated in the agreement. Thereafter, the employer may unilaterally implement according to law.
(8) For the 2013 2015 fiscal biennium, a collective bargaining agreement related to employee health care benefits negotiated between the employer and coalition pursuant to RCW 41.80.020(3) regarding the dollar amount expended on behalf of each employee shall be a separate agreement for which the governor may request funds necessary to implement the agreement. The legislature may act upon a 2013 2015 collective bargaining agreement related to employee health care benefits if an agreement is reached and submitted to the office of financial management and legislative budget committees before final legislative action on the biennial or supplemental operating appropriations act by the sitting legislature.
Sec. 2. RCW 41.80.120 and 2002 c 354 s 313 are each amended to read as follows:
(1) The commission is empowered and directed to prevent any unfair labor practice and to issue appropriate remedial orders: PROVIDED, That a complaint shall not be processed for any unfair labor practice occurring more than six months before the filing of the complaint with the commission. This power shall not be affected or impaired by any means of adjustment, mediation, or conciliation in labor disputes that have been or may hereafter be established by law.
(2) If the commission determines that any person has engaged in or is engaging in an unfair labor practice, the commission shall issue and cause to be served upon the person an order requiring the person to cease and desist from such unfair labor practice, and to take such affirmative action as will effectuate the purposes and policy of this chapter, such as the payment of damages, the ordering of interest arbitration as provided under RCW 41.80.010(2)(d), and the reinstatement of employees.
(3) The commission may petition the superior court for the county in which the main office of the employer is located or in which the person who has engaged or is engaging in such unfair labor practice resides or transacts business, for the enforcement of its order and for appropriate temporary relief."
Correct the title.
Signed by Representatives Sells, Chair; Gregerson, Vice Chair; Moeller and Ormsby.
MINORITY recommendation: Do not pass. Signed by Representatives Manweller, Ranking Minority Member; Hunt, G., Assistant Ranking Minority Member and McCabe.
Referred to Committee on Appropriations.
March 30, 2015
ESSB 5803 Prime Sponsor, Committee on Early Learning & K-12 Education: Concerning the notification of parents when their children are below basic on the third grade statewide English language arts assessment. Reported by Committee on Education
MAJORITY recommendation: Do pass. Signed by Representatives Santos, Chair; Ortiz-Self, Vice Chair; Reykdal, Vice Chair; Magendanz, Ranking Minority Member; Muri, Assistant Ranking Minority Member; Stambaugh, Assistant Ranking Minority Member; Bergquist; Caldier; Fagan; Gregory; Griffey; Hargrove; Hayes; Hunt, S.; Kilduff; Klippert; Lytton; McCaslin; Orwall; Pollet and Springer.
Passed to Committee on Rules for second reading.
March 30, 2015
ESSB 5843 Prime Sponsor, Committee on Ways & Means: Concerning outdoor recreation. Reported by Committee on Environment
MAJORITY recommendation: Do pass. Signed by Representatives Fitzgibbon, Chair; Peterson, Vice Chair; Farrell; Goodman; Harris and McBride.
MINORITY recommendation: Do not pass. Signed by Representatives Shea, Ranking Minority Member; Short, Assistant Ranking Minority Member; Pike and Taylor.
Referred to Committee on General Government & Information Technology.
March 30, 2015
ESB 5893 Prime Sponsor, Senator Fain: Addressing the nonemployee status of athletes in amateur sports. (REVISED FOR ENGROSSED: Addressing the nonemployee status of athletes affiliated with the Western Hockey League. ) Reported by Committee on Labor
MAJORITY recommendation: Do pass. Signed by Representatives Sells, Chair; Gregerson, Vice Chair; Manweller, Ranking Minority Member; Hunt, G., Assistant Ranking Minority Member and McCabe.
MINORITY recommendation: Do not pass. Signed by Representative Moeller.
MINORITY recommendation: Without recommendation. Signed by Representative Ormsby.
Passed to Committee on Rules for second reading.
March 26, 2015
SB 5903 Prime Sponsor, Senator Bailey: Restricting certain methods of selling marijuana. Reported by Committee on Commerce & Gaming
MAJORITY recommendation: Do pass as amended.
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1. A new section is added to chapter 69.50 RCW to read as follows:
(1) A retailer licensed under this chapter may use a vending machine for the retail sale of useable marijuana, marijuana concentrates, and marijuana-infused products, subject to approval from the board prior to the installation or use of the machine in the licensed premises.
(2) The board is granted general authority to adopt rules necessary for the implementation of this section, including, but not limited to, rules governing:
(a) The operational characteristics of the vending machines;
(b) Identification and age verification processes and requirements for customers who make purchases from the machines;
(c) The location of vending machines within the licensed premises and measures to prevent access to the machines by persons under age 21;
(d) The types and quantities of marijuana-related products that may be purchased from the vending machines; and
(e) Signs and labeling that must be affixed to vending machines pertaining to public health and safety notifications, legal warnings and requirements, and other disclosures and information as deemed necessary by the board.
(3) The products sold through vending machines, and the use of such machines, must comply with the pertinent provisions of this chapter regarding the retail sale of useable marijuana, marijuana concentrates, and marijuana-infused products.
(4) For the purposes of this section, "vending machine" means a machine or other mechanical device that accepts payment and:
(a) Dispenses tangible personal property; or
(b) Provides a service to the buyer.
NEW SECTION. Sec. 2. A new section is added to chapter 69.50 RCW to read as follows:
(1) A retailer licensed under this chapter is prohibited from operating a drive-through purchase facility where marijuana concentrates, marijuana-infused products, or useable marijuana are sold at retail and dispensed through a window or door to a purchaser who is either in or on a motor vehicle or otherwise located outside of the licensed premises at the time of sale.
(2) The state liquor control board may not issue, transfer, or renew a marijuana retail license for any licensee in violation of the provisions of subsection (1) of this section."
Signed by Representatives Hurst, Chair; Wylie, Vice Chair; Condotta, Ranking Minority Member; Holy, Assistant Ranking Minority Member; Blake; Kirby; Scott; Van De Wege and Vick.
Passed to Committee on Rules for second reading.
March 30, 2015
ESSB 5994 Prime Sponsor, Committee on Transportation: Concerning permits for state transportation corridor projects. Reported by Committee on Environment
MAJORITY recommendation: Do pass as amended.
Strike everything after the enacting clause and insert the following:
"Sec. 1. RCW 90.58.355 and 2012 c 169 s 1 are each amended to read as follows:
Requirements to
obtain a substantial development permit, conditional use permit, ((or))
variance, letter of exemption, or other review conducted by a local
government to implement this chapter shall not apply to ((any person)):
(1) Any person conducting
a remedial action at a facility pursuant to a consent decree, order, or agreed
order issued pursuant to chapter 70.105D RCW, or to the department of ecology
when it conducts a remedial action under chapter 70.105D RCW. The department
must ensure compliance with the substantive requirements of this chapter
through the consent decree, order, or agreed order issued pursuant to chapter
70.105D RCW, or during the department-conducted remedial action, through the
procedures developed by the department pursuant to RCW 70.105D.090; ((or))
(2) Any person installing site improvements for storm water treatment in an existing boatyard facility to meet requirements of a national pollutant discharge elimination system storm water general permit. The department must ensure compliance with the substantive requirements of this chapter through the review of engineering reports, site plans, and other documents related to the installation of boatyard storm water treatment facilities;
(3)(a) Subject to the limitations specified in this subsection (3), normal maintenance or repair of existing structures or developments by the department of transportation, including maintenance or repair of damage caused by accident, fire, or the elements.
(b) For purposes of this subsection (3), the following definitions apply:
(i) "Normal maintenance" includes any usual acts to prevent a decline, lapse, or cessation from a lawfully established condition.
(ii) "Normal repair" means to restore a structure or development to a state comparable to its original condition including, but not limited to, restoring the development's size, shape, configuration, location, and external appearance, within a reasonable period after decay or partial destruction. Normal repair of a structure or development may not cause substantial adverse effects to shoreline resources or the shoreline environment. Replacement of a structure or development may be authorized as a normal repair if:
(A) Replacement is the common method of repair for the type of structure or development;
(B) The replacement structure or development is comparable to the original structure or development including, but not limited to, the size, shape, configuration, location, and external appearance of the original structure or development; and
(C) The replacement does not cause substantial adverse effects to shoreline resources or the shoreline environment.
(c) Normal maintenance or repair of an existing structure or development under this subsection (3) does not include the expansion of an existing structure or development, or the construction of a new structure or development that does not meet the criteria of a replacement structure or development under (b)(ii) of this subsection (3); or
(4) Construction or installation of safety structures and equipment by the department of transportation, including pavement marking, freeway surveillance and control systems, railroad protective devices not including grade-separated crossings, grooving, glare screen, safety barriers, energy attenuators, and hazardous or dangerous tree removal.
Sec. 2. RCW 90.58.140 and 2012 c 84 s 2 are each amended to read as follows:
(1) A development shall not be undertaken on the shorelines of the state unless it is consistent with the policy of this chapter and, after adoption or approval, as appropriate, the applicable guidelines, rules, or master program.
(2) A substantial development shall not be undertaken on shorelines of the state without first obtaining a permit from the government entity having administrative jurisdiction under this chapter.
A permit shall be granted:
(a) From June 1, 1971, until such time as an applicable master program has become effective, only when the development proposed is consistent with: (i) The policy of RCW 90.58.020; and (ii) after their adoption, the guidelines and rules of the department; and (iii) so far as can be ascertained, the master program being developed for the area;
(b) After adoption or approval, as appropriate, by the department of an applicable master program, only when the development proposed is consistent with the applicable master program and this chapter.
(3) The local government shall establish a program, consistent with rules adopted by the department, for the administration and enforcement of the permit system provided in this section. The administration of the system so established shall be performed exclusively by the local government.
(4) Except as otherwise specifically provided in subsection (11) of this section, the local government shall require notification of the public of all applications for permits governed by any permit system established pursuant to subsection (3) of this section by ensuring that notice of the application is given by at least one of the following methods:
(a) Mailing of the notice to the latest recorded real property owners as shown by the records of the county assessor within at least three hundred feet of the boundary of the property upon which the substantial development is proposed;
(b) Posting of the notice in a conspicuous manner on the property upon which the project is to be constructed; or
(c) Any other manner deemed appropriate by local authorities to accomplish the objectives of reasonable notice to adjacent landowners and the public.
The notices shall include a statement that any person desiring to submit written comments concerning an application, or desiring to receive notification of the final decision concerning an application as expeditiously as possible after the issuance of the decision, may submit the comments or requests for decisions to the local government within thirty days of the last date the notice is to be published pursuant to this subsection. The local government shall forward, in a timely manner following the issuance of a decision, a copy of the decision to each person who submits a request for the decision.
If a hearing is to be held on an application, notices of such a hearing shall include a statement that any person may submit oral or written comments on an application at the hearing.
(5) The system shall include provisions to assure that construction pursuant to a permit will not begin or be authorized until twenty-one days from the date the permit decision was filed as provided in subsection (6) of this section; or until all review proceedings are terminated if the proceedings were initiated within twenty-one days from the date of filing as defined in subsection (6) of this section except as follows:
(a) In the case of any permit issued to the state of Washington, department of transportation, for the construction and modification of SR 90 (I-90) on or adjacent to Lake Washington, the construction may begin after thirty days from the date of filing, and the permits are valid until December 31, 1995;
(b)(i) In the case of any permit or decision to issue any permit to the state of Washington, department of transportation, for the replacement of the floating bridge and landings of the state route number 520 Evergreen Point bridge on or adjacent to Lake Washington, the construction may begin twenty-one days from the date of filing. Any substantial development permit granted for the floating bridge and landings is deemed to have been granted on the date that the local government's decision to grant the permit is issued. This authorization to construct is limited to only those elements of the floating bridge and landings that do not preclude the department of transportation's selection of a four-lane alternative for state route number 520 between Interstate 5 and Medina. Additionally, the Washington state department of transportation shall not engage in or contract for any construction on any portion of state route number 520 between Interstate 5 and the western landing of the floating bridge until the legislature has authorized the imposition of tolls on the Interstate 90 floating bridge and/or other funding sufficient to complete construction of the state route number 520 bridge replacement and HOV program. For the purposes of this subsection (5)(b), the "western landing of the floating bridge" means the least amount of new construction necessary to connect the new floating bridge to the existing state route number 520 and anchor the west end of the new floating bridge;
(ii) Nothing in this subsection (5)(b) precludes the shorelines hearings board from concluding that the project or any element of the project is inconsistent with the goals and policies of the shoreline management act or the local shoreline master program;
(iii) This
subsection (5)(b) applies retroactively to any appeals filed after January 1,
2012, and to any appeals filed on or after March 23, 2012, and expires June 30,
2014((.));
(c)(i) In the case of any permit or decision to issue any permit for a transportation project, construction may begin twenty-one days after the date of filing if the following requirements are met:
(A) The project qualifies as water-dependent or water-related as applied in this chapter and described in WAC 173-26-020, and the project, as supported by adequate findings, requires an in-water or over-water location;
(B) All components of the project achieve a no net loss of shoreline ecological functions in accordance with WAC 173-26-171 through 173-26-251;
(C) The department of transportation provides the department with an assessment of how the project affects shoreline ecological functions. This assessment must include specific actions for avoiding, minimizing, and mitigating impacts to shoreline ecological functions that ensure that there is no net loss of ecological functions;
(D) The department, after reviewing the assessment required in (c)(i)(C) of this subsection, determines that the project will result in no net loss of ecological functions. The department's determination must be completed before the final issuance of all appropriate shoreline permits and variances; and
(E) A performance bond is posted by the project proponent adequate to finance mitigation for impacts to ecological functions resulting from the project, and long-term reporting and monitoring of ecological functions;
(ii) Nothing in this subsection (5)(c) precludes the shorelines hearings board from concluding that the shoreline project or any element of the project is inconsistent with the goals and policies of this chapter or the local shoreline master program;
(iii) This subsection (5)(c) does not apply to permit decisions for the replacement of the floating bridge and landings of the state route number 520 Evergreen Point bridge on or adjacent to Lake Washington;
(d) Except as authorized in (b) and (c) of this subsection, construction may be commenced no sooner than thirty days after the date of the appeal of the board's decision is filed if a permit is granted by the local government and (i) the granting of the permit is appealed to the shorelines hearings board within twenty-one days of the date of filing, (ii) the hearings board approves the granting of the permit by the local government or approves a portion of the substantial development for which the local government issued the permit, and (iii) an appeal for judicial review of the hearings board decision is filed pursuant to chapter 34.05 RCW. The appellant may request, within ten days of the filing of the appeal with the court, a hearing before the court to determine whether construction pursuant to the permit approved by the hearings board or to a revised permit issued pursuant to the order of the hearings board should not commence. If, at the conclusion of the hearing, the court finds that construction pursuant to such a permit would involve a significant, irreversible damaging of the environment, the court shall prohibit the permittee from commencing the construction pursuant to the approved or revised permit until all review proceedings are final. Construction pursuant to a permit revised at the direction of the hearings board may begin only on that portion of the substantial development for which the local government had originally issued the permit, and construction pursuant to such a revised permit on other portions of the substantial development may not begin until after all review proceedings are terminated. In such a hearing before the court, the burden of proving whether the construction may involve significant irreversible damage to the environment and demonstrating whether such construction would or would not be appropriate is on the appellant;
(((d))) (e)
Except as authorized in (b) and (c) of this subsection, if the permit is
for a substantial development meeting the requirements of subsection (11) of
this section, construction pursuant to that permit may not begin or be
authorized until twenty-one days from the date the permit decision was filed as
provided in subsection (6) of this section.
If a permittee
begins construction pursuant to (a), (b), (c), ((or)) (d), or (e)
of this subsection, the construction is begun at the permittee's own risk. If,
as a result of judicial review, the courts order the removal of any portion of
the construction or the restoration of any portion of the environment involved
or require the alteration of any portion of a substantial development
constructed pursuant to a permit, the permittee is barred from recovering
damages or costs involved in adhering to such requirements from the local
government that granted the permit, the hearings board, or any appellant or
intervener.
(6) Any decision on an application for a permit under the authority of this section, whether it is an approval or a denial, shall, concurrently with the transmittal of the ruling to the applicant, be filed with the department and the attorney general. This shall be accomplished by return receipt requested mail. A petition for review of such a decision must be commenced within twenty-one days from the date of filing of the decision.
(a) With regard to a permit other than a permit governed by subsection (10) of this section, "date of filing" as used in this section refers to the date of actual receipt by the department of the local government's decision.
(b) With regard to a permit for a variance or a conditional use governed by subsection (10) of this section, "date of filing" means the date the decision of the department is transmitted by the department to the local government.
(c) When a local government simultaneously transmits to the department its decision on a shoreline substantial development with its approval of either a shoreline conditional use permit or variance, or both, "date of filing" has the same meaning as defined in (b) of this subsection.
(d) The department shall notify in writing the local government and the applicant of the date of filing by telephone or electronic means, followed by written communication as necessary, to ensure that the applicant has received the full written decision.
(7) Applicants for permits under this section have the burden of proving that a proposed substantial development is consistent with the criteria that must be met before a permit is granted. In any review of the granting or denial of an application for a permit as provided in RCW 90.58.180 (1) and (2), the person requesting the review has the burden of proof.
(8) Any permit may, after a hearing with adequate notice to the permittee and the public, be rescinded by the issuing authority upon the finding that a permittee has not complied with conditions of a permit. If the department is of the opinion that noncompliance exists, the department shall provide written notice to the local government and the permittee. If the department is of the opinion that the noncompliance continues to exist thirty days after the date of the notice, and the local government has taken no action to rescind the permit, the department may petition the hearings board for a rescission of the permit upon written notice of the petition to the local government and the permittee if the request by the department is made to the hearings board within fifteen days of the termination of the thirty-day notice to the local government.
(9) The holder of a certification from the governor pursuant to chapter 80.50 RCW shall not be required to obtain a permit under this section.
(10) Any permit for a variance or a conditional use issued with approval by a local government under their approved master program must be submitted to the department for its approval or disapproval.
(11)(a) An application for a substantial development permit for a limited utility extension or for the construction of a bulkhead or other measures to protect a single-family residence and its appurtenant structures from shoreline erosion shall be subject to the following procedures:
(i) The public comment period under subsection (4) of this section shall be twenty days. The notice provided under subsection (4) of this section shall state the manner in which the public may obtain a copy of the local government decision on the application no later than two days following its issuance;
(ii) The local government shall issue its decision to grant or deny the permit within twenty-one days of the last day of the comment period specified in (a)(i) of this subsection; and
(iii) If there is an appeal of the decision to grant or deny the permit to the local government legislative authority, the appeal shall be finally determined by the legislative authority within thirty days.
(b) For purposes of this section, a limited utility extension means the extension of a utility service that:
(i) Is categorically exempt under chapter 43.21C RCW for one or more of the following: Natural gas, electricity, telephone, water, or sewer;
(ii) Will serve an existing use in compliance with this chapter; and
(iii) Will not extend more than twenty-five hundred linear feet within the shorelines of the state."
Correct the title.
Signed by Representatives Fitzgibbon, Chair; Peterson, Vice Chair; Farrell; Goodman; McBride and Taylor.
MINORITY recommendation: Do not pass. Signed by Representatives Shea, Ranking Minority Member; Short, Assistant Ranking Minority Member; Harris and Pike.
Referred to Committee on Transportation.
FIRST SUPPLEMENTAL REPORTS OF STANDING COMMITTEES
March 31, 2015
HB 1166 Prime Sponsor, Representative Dunshee: Concerning state general obligation bonds and related accounts. Reported by Committee on Capital Budget
MAJORITY recommendation: The substitute bill be substituted therefor and the substitute bill do pass. Signed by Representatives Dunshee, Chair; Stanford, Vice Chair; DeBolt, Ranking Minority Member; Smith, Assistant Ranking Minority Member; Kilduff; Kochmar; Peterson; Riccelli and Walsh.
Referred to Committee on .
March 31, 2015
ESSB 5084 Prime Sponsor, Committee on Health Care: Modifying the all payer claims database to improve health care quality and cost transparency by changing provisions related to definitions regarding data, reporting and pricing of products, responsibilities of the office of financial management and the lead organization, submission to the database, and parameters for release of information. Reported by Committee on Health Care & Wellness
MAJORITY recommendation: Do pass as amended.
Strike everything after the enacting clause and insert the following:
"Sec. 1. RCW 43.371.010 and 2014 c 223 s 8 are each amended to read as follows:
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
(1) "Authority" means the health care authority.
(2) "Carrier" and "health carrier" have the same meaning as in RCW 48.43.005.
(3) "Claims
data" means the data required by RCW 43.371.030 to be submitted to the
database, including billed, allowed and paid amounts, and such additional
information as defined by the director in rule. (("Claims
data" includes: (a) Claims data related to health care coverage and
services funded, in whole or in part, in the omnibus appropriations act,
including coverage and services funded by appropriated and nonappropriated state
and federal moneys, for medicaid programs and the public employees benefits
board program; and (b) claims data voluntarily provided by other data
suppliers, including carriers and self-funded employers.))
(4) "Database" means the statewide all-payer health care claims database established in RCW 43.371.020.
(5) "Data vendor" means an entity contracted to perform data collection, processing, aggregation, extracts, analytics, and reporting.
(6) "Director" means the director of financial management.
(((6))) (7)
"Lead organization" means the organization selected under RCW
43.371.020.
(((7))) (8)
"Office" means the office of financial management.
(9) "Data supplier" means: (a) A carrier, third-party administrator, or a public program identified in RCW 43.371.030 that provides claims data; and (b) a carrier or any other entity that provides claims data to the database at the request of an employer-sponsored self-funded health plan or Taft-Hartley trust health plan pursuant to RCW 43.371.030(1).
(10) "Direct patient identifier" means a data variable that directly identifies an individual, including: Names; telephone numbers; fax numbers; social security number; medical record numbers; health plan beneficiary numbers; account numbers; certificate or license numbers; vehicle identifiers and serial numbers, including license plate numbers; device identifiers and serial numbers; web universal resource locators; internet protocol address numbers; biometric identifiers, including finger and voice prints; and full face photographic images and any comparable images.
(11) "Indirect patient identifier" means a data variable that may identify an individual when combined with other information.
(12) "Proprietary financial information" means claims data or reports that disclose or would allow the determination of specific terms of contracts, discounts, or fixed reimbursement arrangements or other specific reimbursement arrangements between an individual health care facility or health care provider, as those terms are defined in RCW 48.43.005, and a specific payer, or internal fee schedule or other internal pricing mechanism of integrated delivery systems owned by a carrier.
(13) "Unique identifier" means an obfuscated identifier assigned to an individual represented in the database to establish a basis for following the individual longitudinally throughout different payers and encounters in the data without revealing the individual's identity.
Sec. 2. RCW 43.371.020 and 2014 c 223 s 10 are each amended to read as follows:
(1) The office shall establish a statewide all-payer health care claims database to support transparent public reporting of health care information. The database must improve transparency to: Assist patients, providers, and hospitals to make informed choices about care; enable providers, hospitals, and communities to improve by benchmarking their performance against that of others by focusing on best practices; enable purchasers to identify value, build expectations into their purchasing strategy, and reward improvements over time; and promote competition based on quality and cost. The database must systematically collect all medical claims and pharmacy claims from private and public payers, with data from all settings of care that permit the systematic analysis of health care delivery.
(2) The ((director
shall select a lead organization)) office shall use a competitive
procurement process, in accordance with chapter 39.26 RCW, to select a lead
organization from among the best potential bidders to coordinate and manage
the database.
(a) Due to the complexities of the all payer claims database and the unique privacy, quality, and financial objectives, the office must award extra points in the scoring evaluation for the following elements: (i) The bidder's degree of experience in health care data collection, analysis, analytics, and security; (ii) whether the bidder has a long-term self-sustainable financial model; (iii) the bidder's experience in convening and effectively engaging stakeholders to develop reports; (iv) the bidder's experience in meeting budget and timelines for report generations; and (v) the bidder's ability to combine cost and quality data.
(b) By December 31, 2017, the successful lead organization must apply to be certified as a qualified entity pursuant to 42 C.F.R. Sec. 401.703(a) by the centers for medicare and medicaid services.
(3) As part of the competitive procurement process in subsection (2) of this section, the lead organization shall enter into a contract with a data vendor to perform data collection, processing, aggregation, extracts, and analytics. The data vendor must:
(a) Establish a secure data submission process with data suppliers;
(b) Review data submitters' files according to standards established by the office;
(c) Assess each record's alignment with established format, frequency, and consistency criteria;
(d) Maintain responsibility for quality assurance, including, but not limited to: (i) The accuracy and validity of data suppliers' data; (ii) accuracy of dates of service spans; (iii) maintaining consistency of record layout and counts; and (iv) identifying duplicate records;
(e) Assign unique identifiers, as defined in RCW 43.371.010, to individuals represented in the database;
(f) Ensure that direct patient identifiers, indirect patient identifiers, and proprietary financial information are released only in compliance with the terms of this chapter;
(g) Demonstrate internal controls and affiliations with separate organizations as appropriate to ensure safe data collection, security of the data with state of the art encryption methods, actuarial support, and data review for accuracy and quality assurance;
(h) Store data on secure servers that are compliant with the federal health insurance portability and accountability act and regulations, with access to the data strictly controlled and limited to staff with appropriate training, clearance, and background checks; and
(i) Maintain state of the art security standards for transferring data to approved data requestors.
(4) The lead organization and data vendor must submit detailed descriptions to the office of the chief information officer to ensure robust security methods are in place. The office of the chief information officer must report its findings to the office and the appropriate committees of the legislature.
(5) The lead organization is responsible for internal governance, management, funding, and operations of the database. At the direction of the office, the lead organization shall work with the data vendor to:
(a) Collect claims data from data suppliers as provided in RCW 43.371.030;
(b) Design data
collection mechanisms with consideration for the time and cost ((involved))
incurred by data suppliers and others in submission and
collection and the benefits that measurement would achieve, ensuring the
data submitted meet quality standards and are reviewed for quality assurance;
(c) Ensure
protection of collected data and store and use any data ((with
patient-specific information)) in a manner that protects patient privacy and
complies with this section. All patient-specific information must be
deidentified with an up-to-date industry standard encryption algorithm;
(d) Consistent with the requirements of this chapter, make information from the database available as a resource for public and private entities, including carriers, employers, providers, hospitals, and purchasers of health care;
(e) Report performance on cost and quality pursuant to RCW 43.371.060 using, but not limited to, the performance measures developed under RCW 41.05.690;
(f) Develop protocols and policies, including prerelease peer review by data suppliers, to ensure the quality of data releases and reports;
(g) Develop a plan
for the financial sustainability of the database as self-sustaining and
charge fees ((not to exceed five thousand dollars unless otherwise
negotiated)) for reports and data files as needed to fund the database. Any
fees must be approved by the office and ((must)) should be comparable,
accounting for relevant differences across data ((requesters and users))
requests and uses. The lead organization may not charge providers or data
suppliers fees other than fees directly related to requested reports; and
(h) Convene
advisory committees with the approval and participation of the office,
including: (i) A committee on data policy development; and (ii) a committee to
establish a data release process consistent with the requirements of this
chapter and to provide advice regarding formal data release requests. The
advisory committees must include in-state representation from key
provider, hospital, ((payer,)) public health, health maintenance
organization, large and small private purchasers, ((and))
consumer organizations, and the two largest carriers supplying claims data
to the database.
(((3))) (6)
The lead organization governance structure and advisory committees for this
database must include representation of the third-party administrator of
the uniform medical plan. A payer, health maintenance organization, or
third-party administrator must be a data supplier to the all-payer health care
claims database to be represented on the lead organization governance structure
or advisory committees.
Sec. 3. RCW 43.371.030 and 2014 c 223 s 11 are each amended to read as follows:
(1) ((Data
suppliers must)) The state medicaid program, public employees' benefits
board programs, all health carriers operating in this state, all third-party
administrators paying claims on behalf of health plans in this state, and the
state labor and industries program must submit claims data to the database
within the time frames established by the director in rule and in accordance
with procedures established by the lead organization. The director may
expand this requirement by rule to include any health plans or health benefit
plans defined in RCW 48.43.005(26) (a) through (i) to accomplish the goals of
this chapter set forth in RCW 43.371.020(1). Employer-sponsored self-funded
health plans and Taft-Hartley trust health plans may voluntarily provide claims
data to the database within the time frames and in accordance with procedures
established by the lead organization.
(2) ((An entity
that is not a data supplier but that chooses to participate in the database
shall require any third-party administrator utilized by the entity's plan to
release any claims data related to persons receiving health coverage from the
plan.)) Any data supplier used by an entity that voluntarily
participates in the database must provide claims data to the data vendor upon
request of the entity.
(3) ((Each data
supplier)) The lead organization shall submit an annual status
report to the office regarding ((its)) compliance with this section. ((The
report to the legislature required by section 2 of this act must include a
summary of these status reports.))
Sec. 4. RCW 43.371.040 and 2014 c 223 s 12 are each amended to read as follows:
(1) The claims data provided to the database, the database itself, including the data compilation, and any raw data received from the database are not public records and are exempt from public disclosure under chapter 42.56 RCW.
(2) Claims data obtained, distributed, or reported in the course of activities undertaken pursuant to or supported under this chapter are not subject to subpoena or similar compulsory process in any civil or criminal, judicial, or administrative proceeding, nor may any individual or organization with lawful access to data under this chapter be compelled to provide such information pursuant to subpoena or testify with regard to such data, except that data pertaining to a party in litigation may be subject to subpoena or similar compulsory process in an action brought by or on behalf of such individual to enforce any liability arising under this chapter.
Sec. 5. RCW 43.371.050 and 2014 c 223 s 13 are each amended to read as follows:
(1) Except as
otherwise required by law, claims or other data from the database shall only be
available for retrieval in ((original or)) processed form to public and
private requesters pursuant to this section and shall be made available within
a reasonable time after the request. Each request for claims data must
include, at a minimum, the following information:
(a) The identity of any entities that will analyze the data in connection with the request;
(b) The stated purpose of the request and an explanation of how the request supports the goals of this chapter set forth in RCW 43.371.020(1);
(c) A description of the proposed methodology;
(d) The specific variables requested and an explanation of how the data is necessary to achieve the stated purpose described pursuant to (b) of this subsection;
(e) How the requester will ensure all requested data is handled in accordance with the privacy and confidentiality protections required under this chapter and any other applicable law;
(f) The method by which the data will be stored, destroyed, or returned to the lead organization at the conclusion of the data use agreement;
(g) The protections that will be utilized to keep the data from being used for any purposes not authorized by the requester's approved application; and
(h) Consent to the penalties associated with the inappropriate disclosures or uses of direct patient identifiers, indirect patient identifiers, or proprietary financial information adopted under RCW 43.371.070(1).
(2) The lead organization may decline a request that does not include the information set forth in subsection (1) of this section that does not meet the criteria established by the lead organization's data release advisory committee, or for reasons established by rule.
(3) Except as
otherwise required by law, the office shall direct the lead organization and
the data vendor to maintain the confidentiality of claims or other data it
collects for the database that include ((direct and)) proprietary
financial information, direct patient identifiers, indirect patient
identifiers, or any combination thereof. Any ((agency, researcher, or
other person)) entity that receives claims or other data ((under
this section containing direct or indirect patient identifiers)) must also
maintain confidentiality and may ((not)) only release such claims
((or other data except as consistent with this section. The office shall
oversee the lead organization's release of data as follows)) data or any
part of the claims data if:
(a) The claims data does not contain proprietary financial information, direct patient identifiers, indirect patient identifiers, or any combination thereof; and
(b) The release is described and approved as part of the request in subsection (1) of this section.
(4) The lead organization shall, in conjunction with the office and the data vendor, create and implement a process to govern levels of access to and use of data from the database consistent with the following:
(a) Claims or other
data that include ((direct or)) proprietary financial information,
direct patient identifiers, indirect patient identifiers, ((as
specifically defined in rule,)) unique identifiers, or any combination
thereof may be released only to the extent such information is necessary
to achieve the goals of this chapter set forth in RCW 43.371.020(1) to((:
(i) Federal, state,
and local government agencies upon receipt of a signed data use agreement with
the office and the lead organization; and
(ii))) researchers
with approval of an institutional review board upon receipt of a signed data
use and confidentiality agreement with ((the office and)) the lead
organization. A researcher or research organization that obtains claims data
pursuant to this subsection must agree in writing not to disclose such data or
parts of the data set to any other party, including affiliated entities, and
must consent to the penalties associated with the inappropriate disclosures or
uses of direct patient identifiers, indirect patient identifiers, or
proprietary financial information adopted under RCW 43.371.070(1).
(b) Claims or other data that do not contain direct patient identifiers, but that may contain proprietary financial information, indirect patient identifiers, unique identifiers, or any combination thereof may be released to:
(i) Federal, state, and local government agencies upon receipt of a signed data use agreement with the office and the lead organization. Federal, state, and local government agencies that obtain claims data pursuant to this subsection are prohibited from using such data in the purchase or procurement of health benefits for their employees; and
(ii) Any entity when functioning as the lead organization under the terms of this chapter.
(c) Claims or other
data that do not contain proprietary financial information, direct
patient identifiers, or any combination thereof, but that may contain
indirect patient identifiers, unique identifiers, or a combination thereof
may be released to agencies, researchers, and other ((persons)) entities
as approved by the lead organization upon receipt of a signed data use
agreement with the lead organization.
(((c))) (d)
Claims or other data that do not contain direct ((or)) patient
identifiers, indirect patient identifiers, proprietary financial
information, or any combination thereof may be released upon request.
(((3))) (5)
Reports utilizing data obtained under this section may not contain proprietary
financial information, direct patient identifiers, indirect patient
identifiers, or any combination thereof. Nothing in this subsection (5) may be
construed to prohibit the use of geographic areas with a sufficient population
size or aggregate gender, age, medical condition, or other characteristics in the
generation of reports, so long as they cannot lead to the identification of an
individual.
(6) Reports issued by the lead organization at the request of providers, facilities, employers, health plans, and other entities as approved by the lead organization may utilize proprietary financial information to calculate aggregate cost data for display in such reports. The office shall approve by rule a format for the calculation and display of aggregate cost data consistent with this chapter that will prevent the disclosure or determination of proprietary financial information. In developing the rule, the office shall solicit feedback from the stakeholders, including those listed in RCW 43.371.020(5)(h), and must consider, at a minimum, data presented as proportions, ranges, averages, and medians, as well as the differences in types of data gathered and submitted by data suppliers.
(7) Recipients of
claims or other data under subsection (((2)(a) or (b))) (4) of
this section must agree in a data use agreement or a confidentiality agreement
to, at a minimum:
(a) Take steps to
protect data containing direct ((and)) patient identifiers,
indirect patient ((identifying)) identifiers, proprietary financial
information, or any combination thereof as described in the agreement;
((and))
(b) Not redisclose
the claims data except ((as authorized in the agreement consistent
with the purpose of the agreement or as otherwise required by law.
(4) Recipients of
the claims or other data under subsection (2)(b) of this section must not
attempt to determine the identity of persons whose information is included in
the data set or use the claims or other data in any manner that identifies the
individuals or their families.
(5) For purposes of
this section, the following definitions apply unless the context clearly
requires otherwise.
(a) "Direct
patient identifier" means information that identifies a patient.
(b) "Indirect
patient identifier" means information that may identify a patient when
combined with other information)) pursuant to subsection (3) of this
section;
(c) Not attempt to determine the identity of any person whose information is included in the data set or use the claims or other data in any manner that identifies any individual or their family or attempt to locate information associated with a specific individual;
(d) Destroy or return claims data to the lead organization at the conclusion of the data use agreement; and
(e) Consent to the penalties associated with the inappropriate disclosures or uses of direct patient identifiers, indirect patient identifiers, or proprietary financial information adopted under RCW 43.371.070(1).
Sec. 6. RCW 43.371.060 and 2014 c 223 s 14 are each amended to read as follows:
(1)(a) Under
the supervision of and through contract with the office, the lead
organization shall prepare health care data reports using the database and the
statewide health performance and quality measure set((, including only those
measures that can be completed with readily available claims data)). Prior
to the lead organization releasing any health care data reports that use
claims data, the lead organization must submit the reports to the office for
review ((and approval)).
(b) By October 31st of each year, the lead organization shall submit to the director a list of reports it anticipates producing during the following calendar year. The director may establish a public comment period not to exceed thirty days, and shall submit the list and any comment to the appropriate committees of the legislature for review.
(2)(a) Health care
data reports that use claims data prepared by the lead organization ((that
use claims data must assist)) for the legislature and the public ((with))
should promote awareness and ((promotion of)) transparency in the
health care market by reporting on:
(i) Whether providers and health systems deliver efficient, high quality care; and
(ii) Geographic and other variations in medical care and costs as demonstrated by data available to the lead organization.
(b) Measures in the health care data reports should be stratified by demography, income, language, health status, and geography when feasible with available data to identify disparities in care and successful efforts to reduce disparities.
(c) Comparisons of
costs among providers and health care systems must account for differences in
((acuity)) the case mix and severity of illness of patients and
populations, as appropriate and feasible, and must take into consideration
the cost impact of subsidization for uninsured and ((governmental)) government-sponsored
patients, as well as teaching expenses, when feasible with available data.
(3) The lead organization may not publish any data or health care data reports that:
(a) Directly or indirectly identify individual patients;
(b) ((Disclose
specific terms of contracts, discounts, or fixed reimbursement arrangements or
other specific reimbursement arrangements between an individual provider and a
specific payer)) Disclose a carrier's proprietary financial information;
or
(c) Compare((s))
performance in a report generated for the general public that includes any
provider in a practice with fewer than ((five)) four providers.
(4) The lead
organization may not release a report that compares and identifies providers,
hospitals, or data suppliers unless ((it)):
(a) It allows
the data supplier, the hospital, or the provider to verify the accuracy of the
information submitted to the ((lead organization)) data vendor,
comment on the reasonableness of conclusions reached, and submit to the
lead organization and data vendor any corrections of errors with
supporting evidence and comments within ((forty-five)) thirty
days of receipt of the report; ((and))
(b) It corrects data found to be in error within a reasonable amount of time; and
(c) The report otherwise complies with this chapter.
(5) The office and the lead organization may use claims data to identify and make available information on payers, providers, and facilities, but may not use claims data to recommend or incentivize direct contracting between providers and employers.
(6)(a) The
lead organization shall ((ensure that no individual data supplier comprises
more than twenty-five percent of the claims data used in any report or other
analysis generated from the database. For purposes of this subsection, a
"data supplier" means a carrier and any self-insured employer that
uses the carrier's provider contracts)) distinguish in advance to the
office when it is operating in its capacity as the lead organization and when
it is operating in its capacity as a private entity. Where the lead
organization acts in its capacity as a private entity, it may only access data
pursuant to RCW 43.371.050(4) (c) or (d).
(b) Except as provided in RCW 43.371.050(4), claims or other data that contain direct patient identifiers or proprietary financial information must remain exclusively in the custody of the data vendor and may not be accessed by the lead organization.
Sec. 7. RCW 43.371.070 and 2014 c 223 s 15 are each amended to read as follows:
(1) The director shall adopt any rules necessary to implement this chapter, including:
(a) Definitions of claim and data files that data suppliers must submit to the database, including: Files for covered medical services, pharmacy claims, and dental claims; member eligibility and enrollment data; and provider data with necessary identifiers;
(b) Deadlines for submission of claim files;
(c) Penalties for failure to submit claim files as required;
(d) Procedures for
ensuring that all data received from data suppliers are securely collected and
stored in compliance with state and federal law; ((and))
(e) Procedures for ensuring compliance with state and federal privacy laws;
(f) Procedures for establishing appropriate fees;
(g) Procedures for data release; and
(h) Penalties associated with the inappropriate disclosures or uses of direct patient identifiers, indirect patient identifiers, and proprietary financial information.
(2) The director may not adopt rules, policies, or procedures beyond the authority granted in this chapter.
NEW SECTION. Sec. 8. A new section is added to chapter 43.371 RCW to read as follows:
(1) By December 1st of 2016 and 2017, the office shall report to the appropriate committees of the legislature regarding the development and implementation of the database, including but not limited to budget and cost detail, technical progress, and work plan metrics.
(2) Every two years commencing two years following the year in which the first report is issued or the first release of data is provided from the database, the office shall report to the appropriate committees of the legislature regarding the cost, performance, and effectiveness of the database and the performance of the lead organization under its contract with the office. Using independent economic expertise, subject to appropriation, the report must evaluate whether the database has advanced the goals set forth in RCW 43.371.020(1), as well as the performance of the lead organization. The report must also make recommendations regarding but not limited to how the database can be improved, whether the contract for the lead organization should be modified, renewed, or terminated, and the impact the database has had on competition between and among providers, purchasers, and payers.
(3) Beginning July 1, 2015, and every six months thereafter, the office shall report to the appropriate committees of the legislature regarding any additional grants received or extended.
NEW SECTION. Sec. 9. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected."
Correct the title.
Signed by Representatives Cody, Chair; Riccelli, Vice Chair; Harris, Assistant Ranking Minority Member; Clibborn; DeBolt; Jinkins; Johnson; Moeller; Robinson; Tharinger and Van De Wege.
MINORITY recommendation: Do not pass. Signed by Representatives Schmick, Ranking Minority Member; Caldier and Short.
Passed to Committee on Rules for second reading.
March 30, 2015
SB 5085 Prime Sponsor, Senator Rolfes: Authorizing siblings of United States armed forces members who died while in service or as a result of service to apply for gold star license plates. Reported by Committee on Transportation
MAJORITY recommendation: Do pass as amended.
Strike everything after the enacting clause and insert the following:
"Sec. 1. RCW 46.18.245 and 2013 c 137 s 1 are each amended to read as follows:
(1) A registered owner who is an eligible family member of a member of the United States armed forces who died while in service to his or her country, or as a result of his or her service, may apply to the department for special gold star license plates for use on a motor vehicle. The registered owner must:
(a) Be a resident of this state;
(b) Provide proof to the satisfaction of the department that the registered owner is an eligible family member, which includes:
(i) A widow;
(ii) A widower;
(iii) A biological parent;
(iv) An adoptive parent;
(v) A stepparent;
(vi) An adult in loco parentis or foster parent;
(vii) A biological
child; ((or))
(viii) An adopted child; or
(ix) A sibling;
(c) Provide certification from the Washington state department of veterans affairs that the registered owner qualifies for the special license plate under this section;
(d) Be recorded as the registered owner of the motor vehicle on which the gold star license plates will be displayed; and
(e) Except as provided in subsection (2) of this section, pay all fees and taxes required by law for registering the motor vehicle.
(2) In addition to the license plate fee exemption in subsection (3)(b) of this section, the widow or widower recipient of a gold star license plate under this section is also exempt from annual vehicle registration fees for one personal use motor vehicle.
(3) Gold star license plates must be issued:
(a) Only for motor vehicles owned by qualifying applicants; and
(b) Without payment of any license plate fee.
(((3))) (4)
Gold star license plates must be replaced, free of charge, if the license
plates become lost, stolen, damaged, defaced, or destroyed.
(((4))) (5)
Gold star license plates may be transferred from one motor vehicle to another
motor vehicle owned by the eligible family member, as described in subsection
(1) of this section, upon application to the department, county auditor or
other agent, or subagent appointed by the director."
Correct the title.
Signed by Representatives Clibborn, Chair; Farrell, Vice Chair; Fey, Vice Chair; Moscoso, Vice Chair; Orcutt, Ranking Minority Member; Hargrove, Assistant Ranking Minority Member; Bergquist; Gregerson; Harmsworth; Hayes; Kochmar; McBride; Moeller; Morris; Ortiz-Self; Pike; Riccelli; Rodne; Sells; Shea; Takko; Tarleton; Wilson; Young and Zeiger.
Passed to Committee on Rules for second reading.
March 31, 2015
ESSB 5133 Prime Sponsor, Committee on Higher Education: Concerning a study of higher education cost drivers. (REVISED FOR ENGROSSED: Concerning a review of higher education costs. ) Reported by Committee on Higher Education
MAJORITY recommendation: Do pass as amended.
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1. (1) The joint legislative audit and review committee shall conduct a review of the available financial records on higher education costs of instruction at the state universities, regional universities, and The Evergreen State College. In conducting the review, the committee shall consult with the institutions of higher education and the education data center within the office of financial management.
(2)(a) The review must describe the available financial records on higher education costs of instruction for each institution and the available cost of attendance data for students over the most recent twenty-year period, including the cost of:
(i) Research;
(ii) Faculty and staff salaries;
(iii) Administration;
(iv) Health care and benefits;
(v) Capital;
(vi) Student services;
(vii) Textbooks; and
(viii) Student housing.
(b) The review must also compare whether this data is available for institutions and students in the global challenge states.
(c) The review shall use information already available and report where there are gaps in the information sought under this section. The education data center in the office of financial management and the institutions of higher education must provide data to the committee to assist with completing the review.
(3) The joint legislative audit and review committee shall issue a report to the legislature by January 2016.
(4) This section expires July 1, 2016."
Correct the title.
Signed by Representatives Hansen, Chair; Pollet, Vice Chair; Zeiger, Ranking Minority Member; Haler, Assistant Ranking Minority Member; Bergquist; Gregory; Hargrove; Holy; Reykdal; Sells; Stambaugh; Tarleton and Van Werven.
Referred to Committee on Appropriations.
March 31, 2015
SSB 5154 Prime Sponsor, Committee on Ways & Means: Concerning registered sex or kidnapping offenders. Reported by Committee on Public Safety
MAJORITY recommendation: Do pass as amended.
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1. (1) The sex offender policy board must review and make findings and recommendations regarding the following:
(a) Disclosure to the public of information compiled and submitted for the purposes of sex offender and kidnapping offender registries that is currently held by public agencies, including the relationship between chapter 42.56 RCW and RCW 4.24.550; and
(b) Ability of registered sex offenders and kidnapping offenders to petition for review of their assigned risk level classification and whether such a review process should be conducted according to a uniform statewide standard.
(2) The sex offender policy board must report its findings and recommendations pursuant to this section to the governor and to the appropriate committees of the legislature on or before December 1, 2015.
(3) This section expires January 31, 2016."
Correct the title.
Signed by Representatives Goodman, Chair; Orwall, Vice Chair; Klippert, Ranking Minority Member; Hayes, Assistant Ranking Minority Member; Appleton; Griffey; Moscoso; Pettigrew and Wilson.
Passed to Committee on Rules for second reading.
March 31, 2015
SSB 5328 Prime Sponsor, Committee on Higher Education: Disseminating financial aid information. Reported by Committee on Higher Education
MAJORITY recommendation: Do pass as amended.
Strike everything after the enacting clause and insert the following:
"Sec. 1. RCW 28B.92.005 and 2014 c 53 s 2 are each amended to read as follows:
Community and
technical colleges shall provide financial aid application due dates and
information on whether or not financial aid will be awarded on a rolling basis
to their admitted students at the time of acceptance. ((Institutions of
higher education are encouraged to post financial aid application dates and
distribution policies on their web sites)) State universities, regional
universities, and The Evergreen State College shall provide financial aid
application due dates and distribution policies on their web sites, including
whether financial aid is awarded on a rolling basis, for prospective and
admitted students."
Correct the title.
Signed by Representatives Hansen, Chair; Pollet, Vice Chair; Zeiger, Ranking Minority Member; Haler, Assistant Ranking Minority Member; Bergquist; Gregory; Holy; Reykdal; Sells; Stambaugh; Tarleton and Van Werven.
MINORITY recommendation: Without recommendation. Signed by Representative Hargrove.
Passed to Committee on Rules for second reading.
March 31, 2015
SSB 5355 Prime Sponsor, Committee on Higher Education: Modifying the definition of resident student to comply with federal requirements established by the veterans access, choice, and accountability act of 2014. Reported by Committee on Higher Education
MAJORITY recommendation: Do pass as amended.
Strike everything after the enacting clause and insert the following:
"Sec. 1. RCW 28B.15.012 and 2014 c 183 s 1 are each amended to read as follows:
Whenever used in this chapter:
(1) The term "institution" shall mean a public university, college, or community college within the state of Washington.
(2) The term "resident student" shall mean:
(a) A financially independent student who has had a domicile in the state of Washington for the period of one year immediately prior to the time of commencement of the first day of the semester or quarter for which the student has registered at any institution and has in fact established a bona fide domicile in this state primarily for purposes other than educational;
(b) A dependent student, if one or both of the student's parents or legal guardians have maintained a bona fide domicile in the state of Washington for at least one year immediately prior to commencement of the semester or quarter for which the student has registered at any institution;
(c) A student classified as a resident based upon domicile by an institution on or before May 31, 1982, who was enrolled at a state institution during any term of the 1982-1983 academic year, so long as such student's enrollment (excepting summer sessions) at an institution in this state is continuous;
(d) Any student who has spent at least seventy-five percent of both his or her junior and senior years in high schools in this state, whose parents or legal guardians have been domiciled in the state for a period of at least one year within the five-year period before the student graduates from high school, and who enrolls in a public institution of higher education within six months of leaving high school, for as long as the student remains continuously enrolled for three quarters or two semesters in any calendar year;
(e) Any person who has completed the full senior year of high school and obtained a high school diploma, both at a Washington public high school or private high school approved under chapter 28A.195 RCW, or a person who has received the equivalent of a diploma; who has lived in Washington for at least three years immediately prior to receiving the diploma or its equivalent; who has continuously lived in the state of Washington after receiving the diploma or its equivalent and until such time as the individual is admitted to an institution of higher education under subsection (1) of this section; and who provides to the institution an affidavit indicating that the individual will file an application to become a permanent resident at the earliest opportunity the individual is eligible to do so and a willingness to engage in any other activities necessary to acquire citizenship, including but not limited to citizenship or civics review courses;
(f) Any person who has lived in Washington, primarily for purposes other than educational, for at least one year immediately before the date on which the person has enrolled in an institution, and who holds lawful nonimmigrant status pursuant to 8 U.S.C. Sec. (a)(15) (E)(iii), (H)(i), or (L), or who holds lawful nonimmigrant status as the spouse or child of a person having nonimmigrant status under one of those subsections, or who, holding or having previously held such lawful nonimmigrant status as a principal or derivative, has filed an application for adjustment of status pursuant to 8 U.S.C. Sec. 1255(a);
(g) A student who is on active military duty stationed in the state or who is a member of the Washington national guard;
(h) A student who is on active military duty or a member of the national guard who entered service as a Washington resident and who has maintained Washington as his or her domicile but is not stationed in the state;
(i) A student who is the spouse or a dependent of a person who is on active military duty or a member of the national guard who entered service as a Washington resident and who has maintained Washington as his or her domicile but is not stationed in the state. If the person on active military duty is reassigned out-of-state, the student maintains the status as a resident student so long as the student is continuously enrolled in a degree program;
(j) A student who resides in the state of Washington and is the spouse or a dependent of a person who is a member of the Washington national guard;
(k)(i)(A) A
student who ((has separated from the military under honorable conditions
after at least two years of service, and who enters)):
(I) Has separated from the uniformed services with any period of honorable service after at least ninety days of active duty service;
(II) Is eligible for benefits under the federal all-volunteer force educational assistance program (38 U.S.C. Sec. 3001 et seq.), the federal post-9/11 veterans educational assistance act of 2008 (38 U.S.C. Sec. 3301 et seq.), or any other federal law authorizing educational assistance benefits for veterans; and
(III) Enters an institution of
higher education in Washington within ((one)) three years
of the date of separation ((who:
(i) At the time of
separation designated Washington as his or her intended domicile; or
(ii) Has Washington
as his or her official home of record; or
(iii) Moves to
Washington and establishes a domicile as determined in RCW 28B.15.013;
(l) A student who
is the spouse or a dependent of an individual who has separated from the
military under honorable conditions after at least two years of service who:
(i) At the time of
discharge designates Washington as his or her intended domicile; and
(ii) Has Washington
as his or her primary domicile as determined in RCW 28B.15.013; and
(iii) Enters an
institution of higher education in Washington within one year of the date of
discharge));
or
(B) A student who is a spouse, former spouse, or child, and is entitled to veterans administration educational benefits based on their relationship to an individual who has separated from the uniformed services with any period of honorable service after at least ninety days of active duty service, and who enters an institution of higher education in Washington within three years of the date of separation; or
(C) A student who is entitled to veterans administration educational benefits based on their relationship with a deceased member of the uniformed services who completed at least ninety days of active duty service and died in the line of duty, and the student enters an institution of higher education in Washington within three years of the service member's death;
(ii) A student who qualifies under (k)(i)(A) through (C) of this subsection and who remains continuously enrolled at an institution of higher education shall retain resident student status;
(iii) Nothing in this subsection (2)(k) applies to students who have a dishonorable discharge from the uniformed services, or to students who are the spouse or child of an individual who has had a dishonorable discharge from the uniformed services, unless the student is receiving veterans administration educational assistance benefits;
(((m))) (l)
A student of an out-of-state institution of higher education who is attending a
Washington state institution of higher education pursuant to a home tuition
agreement as described in RCW 28B.15.725;
(((n))) (m)
A student who meets the requirements of RCW 28B.15.0131: PROVIDED, That a
nonresident student enrolled for more than six hours per semester or quarter
shall be considered as attending for primarily educational purposes, and for
tuition and fee paying purposes only such period of enrollment shall not be
counted toward the establishment of a bona fide domicile of one year in this
state unless such student proves that the student has in fact established a
bona fide domicile in this state primarily for purposes other than educational;
(((o))) (n)
A student who resides in Washington and is on active military duty stationed in
the Oregon counties of Columbia, Gilliam, Hood River, Multnomah, Clatsop,
Clackamas, Morrow, Sherman, Umatilla, Union, Wallowa, Wasco, or Washington; or
(((p))) (o)
A student who resides in Washington and is the spouse or a dependent of a
person who resides in Washington and is on active military duty stationed in
the Oregon counties of Columbia, Gilliam, Hood River, Multnomah, Clatsop,
Clackamas, Morrow, Sherman, Umatilla, Union, Wallowa, Wasco, or Washington. If
the person on active military duty moves from Washington or is reassigned out
of the Oregon counties of Columbia, Gilliam, Hood River, Multnomah, Clatsop,
Clackamas, Morrow, Sherman, Umatilla, Union, Wallowa, Wasco, or Washington, the
student maintains the status as a resident student so long as the student
resides in Washington and is continuously enrolled in a degree program.
(3) The term
"nonresident student" shall mean any student who does not qualify as
a "resident student" under the provisions of this section and RCW
28B.15.013. Except for students qualifying under subsection (2)(e) or (((m)))
(l) of this section, a nonresident student shall include:
(a) A student attending an institution with the aid of financial assistance provided by another state or governmental unit or agency thereof, such nonresidency continuing for one year after the completion of such semester or quarter.
(b) A person who is not a citizen of the United States of America who does not have permanent or temporary resident status or does not hold "Refugee-Parolee" or "Conditional Entrant" status with the United States citizenship immigration services or is not otherwise permanently residing in the United States under color of law and who does not also meet and comply with all the applicable requirements in this section and RCW 28B.15.013.
(4) The term "domicile" shall denote a person's true, fixed and permanent home and place of habitation. It is the place where the student intends to remain, and to which the student expects to return when the student leaves without intending to establish a new domicile elsewhere. The burden of proof that a student, parent or guardian has established a domicile in the state of Washington primarily for purposes other than educational lies with the student.
(5) The term "dependent" shall mean a person who is not financially independent. Factors to be considered in determining whether a person is financially independent shall be set forth in rules adopted by the student achievement council and shall include, but not be limited to, the state and federal income tax returns of the person and/or the student's parents or legal guardian filed for the calendar year prior to the year in which application is made and such other evidence as the council may require.
(6) The term "active military duty" means the person is serving on active duty in:
(a) The armed forces of the United States government; or
(b) The Washington national guard; or
(c) The coast guard, merchant mariners, or other nonmilitary organization when such service is recognized by the United States government as equivalent to service in the armed forces.
(7) The term "active duty service" means full-time duty, other than active duty for training, as a member of the uniformed service of the United States. Active duty service as a national guard member under Title 32 U.S.C. for the purpose of organizing, administering, recruiting, instructing, or training and active service under 32 U.S.C. Sec. 502(f) for the purpose of responding to a national emergency is recognized as active duty service.
(8) The term "uniformed services" is defined by Title 10 U.S.C.; subsequently structured and organized by Titles 14, 33, and 42 U.S.C.; consisting of the United States army, United States marine corps, United States navy, United States air force, United States coast guard, United States public health service commissioned corps, and the national oceanic and atmospheric administration commissioned officer corps.
NEW SECTION. Sec. 2. This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect July 1, 2015."
Correct the title.
Signed by Representatives Hansen, Chair; Pollet, Vice Chair; Zeiger, Ranking Minority Member; Haler, Assistant Ranking Minority Member; Bergquist; Gregory; Hargrove; Holy; Reykdal; Sells; Stambaugh; Tarleton and Van Werven.
Referred to Committee on Appropriations.
March 30, 2015
SSB 5397 Prime Sponsor, Committee on Transportation: Concerning the disclosure of certain transportation-related information by the department of licensing. Reported by Committee on Transportation
MAJORITY recommendation: Do pass. Signed by Representatives Clibborn, Chair; Farrell, Vice Chair; Fey, Vice Chair; Moscoso, Vice Chair; Orcutt, Ranking Minority Member; Hargrove, Assistant Ranking Minority Member; Bergquist; Gregerson; Harmsworth; Hayes; Kochmar; McBride; Moeller; Morris; Ortiz-Self; Pike; Riccelli; Rodne; Sells; Shea; Takko; Tarleton; Wilson; Young and Zeiger.
Passed to Committee on Rules for second reading.
March 31, 2015
SSB 5534 Prime Sponsor, Committee on Higher Education: Creating the certified public accounting scholarship program. Reported by Committee on Higher Education
MAJORITY recommendation: Do pass as amended.
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1. (1) The certified public accounting scholarship program is established.
(2) The purpose of this scholarship program is to increase the number of students pursuing the certified public accounting license in Washington state.
(3) Scholarships shall be awarded to eligible students based on merit and without regard to age, gender, race, creed, religion, ethnic or national origin, or sexual orientation. In the selection process, the foundation is encouraged to consider the level of financial need demonstrated by applicants who otherwise meet merit-based scholarship criteria.
(4) Scholarships shall be awarded every year not to exceed the net balance of the foundation's scholarship award account.
(5) Scholarships shall be awarded to eligible students for one year. Qualified applicants may reapply in subsequent years.
(6) Scholarships awarded to program participants shall be paid directly to the Washington-based college or university where the program participant is enrolled.
(7) A scholarship award for any program participant shall not exceed the cost of tuition and fees assessed by the college or university on that individual program participant for the academic year of the award.
NEW SECTION. Sec. 2. The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
(1) "Board" means the board of accountancy created in RCW 18.04.035.
(2) "Eligible student" means a student enrolled at an accredited Washington-based college or university with a declared major in accounting, entering his or her junior year or higher. "Eligible student" includes community college transfer students, residents of Washington pursuing an online degree in accounting, and students pursuing a masters in tax, masters in accounting, or a PhD in accounting.
(3) "Foundation" means the Washington CPA foundation.
(4) "Program" means the certificated public accounting scholarship program created in this chapter.
(5) "Program participant" means an eligible student who is awarded a scholarship under the program.
(6) "Resident student" has the definition in RCW 28B.15.012.
NEW SECTION. Sec. 3. The board must contract with a foundation to develop and administer the program. The board shall provide oversight and guidance for the program in light of established legislative priorities and to fulfill the duties and responsibilities under this chapter and chapter 18.04 RCW, including determining eligible education programs for purposes of the program. The board shall negotiate a reasonable administrative fee for the services provided by the foundation. In addition to its contractual obligations with the board, the foundation has the duties and responsibilities to:
(1) Establish a separate scholarship award account to receive state funds and from which to disburse scholarship awards;
(2) Manage and invest funds in the separate scholarship award account to maximize returns at a prudent level of risk and to maintain books and records of the account for examination by the board as it deems necessary or appropriate;
(3) In consultation with the board, make an assessment of the reasonable annual eligible expenses associated with eligible education programs identified by the board;
(4) Work with board, institutions of higher education, the student achievement council, and other organizations to promote and publicize the program to obtain a wide and diverse group of applicants;
(5) Develop and implement an application, selection, and notification process for awarding certified public accounting scholarships;
(6) Determine the annual amount of the certified public accounting scholarship for each program participant;
(7) Distribute scholarship awards to colleges and universities for program participants; and
(8) Notify the student achievement council and colleges and universities of enrolled program participants and inform them of the terms and conditions of the scholarship award.
NEW SECTION. Sec. 4. By January 1, 2016, and annually each January 1st thereafter, the foundation contracted with under section 3 of this act shall report to the board regarding the program, including:
(1) An accounting of receipts and disbursements of the foundation's separate scholarship award account including any realized or unrealized gains or losses and the resulting change in account balance;
(2) A list of the program participants and the scholarship amount awarded, by year; and
(3) Other outcome measures necessary for the board to assess the impacts of the program.
NEW SECTION. Sec. 5. (1) The certified public accounting scholarship transfer account is created in the custody of the state treasurer. Expenditures from the account may be used solely for scholarships and the administration of the program created in section 1 of this act.
(2) Revenues to the account shall consist of appropriations by the legislature and any gifts, grants, or donations received by the board for this purpose.
(3) Only the director of the board or the director's designee may authorize expenditures from the certified public accounting scholarship transfer account. The account is not subject to the allotment procedures under chapter 43.88 RCW and an appropriation is not required for expenditures.
Sec. 6. RCW 18.04.065 and 2001 c 294 s 6 are each amended to read as follows:
The board shall set its fees at a level adequate to pay the costs of administering this chapter. All fees for licenses, registrations of nonlicensee partners, shareholders, and managers of licensed firms, renewals of licenses, renewals of registrations of nonlicensee partners, shareholders, and managers of licensed firms, renewals of certificates, reinstatements of lapsed licenses, reinstatements of lapsed certificates, reinstatements of lapsed registrations of nonlicensee partners, shareholders, and managers of licensed firms, practice privileges under RCW 18.04.350, and delinquent filings received under the authority of this chapter shall be deposited in the certified public accountants' account created by RCW 18.04.105. Appropriation from such account shall be made only for the cost of administering the provisions of this chapter or for the purpose of administering the certified public accounting scholarship program created in chapter 28B.--- RCW (the new chapter created in section 7 of this act).
NEW SECTION. Sec. 7. Sections 1 through 5 of this act constitute a new chapter in Title 28B RCW."
Correct the title.
Signed by Representatives Hansen, Chair; Pollet, Vice Chair; Zeiger, Ranking Minority Member; Haler, Assistant Ranking Minority Member; Bergquist; Gregory; Hargrove; Holy; Reykdal; Sells; Stambaugh; Tarleton and Van Werven.
Referred to Committee on Appropriations.
March 31, 2015
ESSB 5550 Prime Sponsor, Committee on Transportation: Regulating providers of commercial transportation services. Reported by Committee on Business & Financial Services
MAJORITY recommendation: Do pass as amended.
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1. This act may be known and cited as the insurance for providers of commercial transportation services act.
NEW SECTION. Sec. 2. The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
(1) "Commercial transportation services" or "services" means all times the driver is logged in to a commercial transportation services provider's digital network or software application or until the passenger has left the personal vehicle, whichever is later.
(2) "Commercial transportation services provider" means a corporation, partnership, sole proprietorship, or other entity, operating in Washington, that uses a digital network or software application to connect passengers to drivers for the purpose of providing a prearranged ride.
(3) "Driver" means an individual who uses a personal vehicle to provide services for passengers matched through a commercial transportation services provider's digital network or software application. A driver need not be an employee of a commercial transportation services provider.
(4) "Passenger" means a passenger in a personal vehicle for whom transport is provided, including:
(a) An individual who uses a commercial transportation services provider's digital network or software application to connect with a driver to obtain services in the driver's vehicle for the individual and anyone in the individual's party; or
(b) Anyone for whom another individual uses a commercial transportation services provider's digital network or software application to connect with a driver to obtain services in the driver's vehicle.
(5) "Personal vehicle" means a vehicle that is used by a driver in connection with providing services for a commercial transportation services provider.
(6) "Prearranged ride" means a route of travel between points chosen by the passenger and arranged with a driver through the use of a commercial transportation services provider's digital network or software application. The ride begins when a driver accepts a requested ride through a digital network or software application, continues while the driver transports the passenger in a personal vehicle, and ends when the passenger departs from the personal vehicle.
NEW SECTION. Sec. 3. (1)(a) Before being used to provide commercial transportation services, every personal vehicle must be covered by a primary automobile insurance policy that specifically covers commercial transportation services. Except as provided in subsection (2) of this section, a commercial transportation services provider must secure this policy for every personal vehicle used to provide commercial transportation services. For purposes of this section, a "primary automobile insurance policy" is not a private passenger automobile insurance policy.
(b)(i) The primary automobile insurance policy required under this section must provide coverage, as specified in this subsection (1)(b), at all times the driver is logged in to a commercial transportation provider's digital network or software application and at all times a passenger is in the vehicle as part of a prearranged ride, as follows:
(A) Liability coverage, while providing commercial transportation services applicable during the period before a driver accepts a requested ride through a digital network or software application, in an amount no less than fifty thousand dollars per person for bodily injury, one hundred thousand dollars per accident for bodily injury of all persons, and thirty thousand dollars for damage to property;
(B) Uninsured motorist coverage and underinsured motorist coverage in the amount of no less than fifty thousand dollars per person for bodily injury and one hundred thousand dollars per accident for bodily injury of all persons;
(C) Personal injury protection coverage pursuant to RCW 48.22.095; and
(D) Comprehensive and collision coverage with a maximum deductible of five hundred dollars.
(ii) The primary automobile insurance policy required under this subsection must provide the following coverages, applicable during the period of a prearranged ride:
(A) Combined single limit liability coverage in the amount of one million dollars for death, personal injury, and property damage;
(B) Uninsured motorist coverage and underinsured motorist coverage in the amount of one million dollars;
(C) Personal injury protection coverage pursuant to RCW 48.22.095; and
(D) Comprehensive and collision coverage with a maximum deductible of five hundred dollars.
(2)(a) As an alternative to the provisions of subsection (1) of this section, if the office of the insurance commissioner approves the offering of an insurance policy that recognizes that a person is acting as a provider of commercial transportation services and using a personal vehicle to provide commercial transportation services, a driver may secure a primary automobile insurance policy covering a personal vehicle and providing the same coverage as required in subsection (1) of this section. The policy coverage may be in the form of a rider to, or endorsement of, the driver's private passenger automobile insurance policy only if approved as such by the office of the insurance commissioner.
(b) If the primary automobile insurance policy maintained by a driver to meet the obligation of this section does not provide coverage for any reason, including that the policy lapsed or did not exist, the commercial transportation services provider must provide the coverage required under this section beginning with the first dollar of a claim.
(c) The primary automobile insurance policy required under this subsection and subsection (1) of this section may be secured by any of the following:
(i) The commercial transportation services provider as provided in subsection (1) of this section;
(ii) The driver as provided under (a) of this subsection; or
(iii) A combination of both the commercial transportation services provider and the driver.
(3) The insurer or insurers providing coverage under subsections (1) and (2) of this section are the only insurers having the duty to defend any liability claim from an accident occurring while commercial transportation services are being provided.
(4) If a driver purchases a primary automobile insurance policy as allowed under subsection (2) of this section, the commercial transportation services provider must verify that the driver has done so.
(5) A primary automobile insurance policy required under subsection (1) or (2) of this section may be placed with an insurer licensed under this title to provide insurance in the state of Washington or as an eligible surplus line insurance policy as described in RCW 48.15.040.
(6) The insurance coverage requirements described in subsections (1) and (2) of this section do not apply to drivers and entities that have coverage pursuant to chapter 46.72 or 46.72A RCW.
(7) This section does not require a private passenger automobile insurance policy to provide primary or excess coverage or a duty to defend for the period of time in which a driver is logged in to a commercial transportation services provider's digital network or software application or while a passenger is in the vehicle.
(8)(a) A commercial transportation services provider must make the following disclosures to a prospective driver in the prospective driver's terms of service:
WHILE OPERATING ON THE COMMERCIAL TRANSPORTATION SERVICES PROVIDER'S DIGITAL NETWORK OR SOFTWARE APPLICATION, YOUR PRIVATE PASSENGER AUTOMOBILE INSURANCE POLICY MIGHT NOT AFFORD LIABILITY, UNDERINSURED MOTORIST, PERSONAL INJURY PROTECTION, COMPREHENSIVE, OR COLLISION COVERAGE, DEPENDING ON THE TERMS OF THE POLICY.
IF THE VEHICLE THAT YOU PLAN TO USE TO PROVIDE COMMERCIAL TRANSPORTATION SERVICES HAS A LIEN AGAINST IT, YOU MUST NOTIFY THE LIENHOLDER THAT YOU WILL BE USING THE VEHICLE FOR COMMERCIAL TRANSPORTATION SERVICES THAT MAY VIOLATE THE TERMS OF YOUR CONTRACT WITH THE LIENHOLDER.
(b) The prospective driver must acknowledge the terms of service electronically or by signature.
(9) If more than one insurance policy provides valid and collectible coverage for a loss arising out of an occurrence involving a motor vehicle operated by a driver, the responsibility for the claim must be divided as follows:
(a) Except as provided otherwise under subsection (2)(c) of this section, if the driver has been matched with a passenger and is traveling to pick up the passenger, or the driver is providing services to a passenger, the commercial transportation services provider that matched the driver and passenger must provide insurance coverage; or
(b) If the driver is logged in to more than one commercial transportation services provider's digital network or software application but has not been matched with a passenger, the liability must be divided equally among all of the applicable insurance policies that specifically provide coverage for commercial transportation services.
(10) In an accident or claims coverage investigation, a commercial transportation services provider or its insurer must cooperate with a private passenger automobile insurance policy insurer and other insurers that are involved in the claims coverage investigation to facilitate the exchange of information, including the provision of (a) dates and times at which an accident occurred that involved a participating driver and (b) within ten business days after receiving a request, a copy of the company's electronic record showing the precise times that the participating driver logged on and off the commercial transportation services provider's digital network or software application on the day the accident or other loss occurred. The commercial transportation services provider or its insurer must retain all data, communications, or documents related to insurance coverage or accident details for a period of not less than the applicable statutes of limitation, plus two years from the date of an accident to which those records pertain.
(11) This section does not modify or abrogate any otherwise applicable insurance requirement set forth in this title.
(12) After July 1, 2016, an insurance company regulated under this title may not deny an otherwise covered claim arising exclusively out of the personal use of the private passenger automobile solely on the basis that the insured, at other times, used the private passenger automobile covered by the policy to provide commercial transportation services.
Sec. 4. RCW 51.12.020 and 2013 c 141 s 3 are each amended to read as follows:
The following are the only employments which shall not be included within the mandatory coverage of this title:
(1) Any person employed as a domestic servant in a private home by an employer who has less than two employees regularly employed forty or more hours a week in such employment.
(2) Any person employed to do gardening, maintenance, or repair, in or about the private home of the employer. For the purposes of this subsection, "maintenance" means the work of keeping in proper condition, "repair" means to restore to sound condition after damage, and "private home" means a person's place of residence.
(3) A person whose employment is not in the course of the trade, business, or profession of his or her employer and is not in or about the private home of the employer.
(4) Any person performing services in return for aid or sustenance only, received from any religious or charitable organization.
(5) Sole proprietors or partners.
(6) Any child under eighteen years of age employed by his or her parent or parents in agricultural activities on the family farm.
(7) Jockeys while participating in or preparing horses for race meets licensed by the Washington horse racing commission pursuant to chapter 67.16 RCW.
(8)(a) Except as otherwise provided in (b) of this subsection, any bona fide officer of a corporation voluntarily elected or voluntarily appointed in accordance with the articles of incorporation or bylaws of the corporation, who at all times during the period involved is also a bona fide director, and who is also a shareholder of the corporation. Only such officers who exercise substantial control in the daily management of the corporation and whose primary responsibilities do not include the performance of manual labor are included within this subsection.
(b) Alternatively, a corporation that is not a "public company" as defined in RCW 23B.01.400 may exempt eight or fewer bona fide officers, who are voluntarily elected or voluntarily appointed in accordance with the articles of incorporation or bylaws of the corporation and who exercise substantial control in the daily management of the corporation, from coverage under this title without regard to the officers' performance of manual labor if the exempted officer is a shareholder of the corporation, or may exempt any number of officers if all the exempted officers are related by blood within the third degree or marriage. If a corporation that is not a "public company" elects to be covered under subsection (8)(a) of this section, the corporation's election must be made on a form prescribed by the department and under such reasonable rules as the department may adopt.
(c) Determinations respecting the status of persons performing services for a corporation shall be made, in part, by reference to Title 23B RCW and to compliance by the corporation with its own articles of incorporation and bylaws. For the purpose of determining coverage under this title, substance shall control over form, and mandatory coverage under this title shall extend to all workers of this state, regardless of honorary titles conferred upon those actually serving as workers.
(d) A corporation may elect to cover officers who are exempted by this subsection in the manner provided by RCW 51.12.110.
(9) Services rendered by a musician or entertainer under a contract with a purchaser of the services, for a specific engagement or engagements when such musician or entertainer performs no other duties for the purchaser and is not regularly and continuously employed by the purchaser. A purchaser does not include the leader of a group or recognized entity who employs other than on a casual basis musicians or entertainers.
(10) Services performed by a newspaper vendor, carrier, or delivery person selling or distributing newspapers on the street, to offices, to businesses, or from house to house and any freelance news correspondent or "stringer" who, using his or her own equipment, chooses to submit material for publication for free or a fee when such material is published.
(11) Services performed by an insurance producer, as defined in RCW 48.17.010, or a surplus line broker licensed under chapter 48.15 RCW.
(12) Services performed by a booth renter. However, a person exempted under this subsection may elect coverage under RCW 51.32.030.
(13) Members of a limited liability company, if either:
(a) Management of the company is vested in its members, and the members for whom exemption is sought would qualify for exemption under subsection (5) of this section were the company a sole proprietorship or partnership; or
(b) Management of the company is vested in one or more managers, and the members for whom the exemption is sought are managers who would qualify for exemption under subsection (8) of this section were the company a corporation.
(14) A driver providing commercial transportation services as defined in section 2 of this act. The driver may elect coverage in the manner provided by RCW 51.32.030.
(15) For hire vehicle operators under chapter 46.72 RCW who own or lease the for hire vehicle, chauffeurs under chapter 46.72A RCW who own or lease the limousine, and operators of taxicabs under chapter 81.72 RCW who own or lease the taxicab. An owner or lessee may elect coverage in the manner provided by RCW 51.32.030.
Sec. 5. RCW 51.12.185 and 2011 c 190 s 4 are each amended to read as follows:
(1) ((In order
to assist the department with controlling costs related to the self-monitoring
of industrial insurance claims by independent owner-operated for hire vehicle,
limousine, and taxicab businesses,)) The department may appoint a
panel of individuals with for hire vehicle, limousine, or taxicab
transportation industry experience and expertise to advise the department.
(2) The owner or
lessee of any for hire, limousine, or taxicab vehicle ((subject to mandatory
industrial insurance pursuant to RCW 51.12.183)) is eligible for inclusion
in a retrospective rating program authorized and established pursuant to
chapter 51.18 RCW.
NEW SECTION. Sec. 6. The following acts or parts of acts are each repealed:
(1) RCW 46.72.073 (Certificate suspension or revocation—Failure to pay industrial insurance premiums—Rules—Cooperative agreements) and 2011 c 190 s 5;
(2) RCW 46.72A.053 (Certificate suspension or revocation—Failure to pay industrial insurance premiums—Rules—Cooperative agreements) and 2011 c 190 s 6;
(3) RCW 51.12.180 (For hire vehicle businesses and operators—Findings—Declaration) and 2011 c 190 s 1;
(4) RCW 51.12.183 (For hire vehicle businesses and operators—Mandatory coverage—Definitions) and 2011 c 190 s 2;
(5) RCW 51.16.240 (For hire vehicle businesses and operators—Basis for premiums—Rules) and 2011 c 190 s 3; and
(6) RCW 81.72.230 (License suspension or revocation—Failure to pay industrial insurance premiums—Rules—Cooperative agreements) and 2011 c 190 s 7.
NEW SECTION. Sec. 7. Sections 1 through 3 of this act constitute a new chapter in Title 48 RCW."
Correct the title.
Signed by Representatives Kirby, Chair; Ryu, Vice Chair; Vick, Ranking Minority Member; Parker, Assistant Ranking Minority Member; Blake; Hurst; Kochmar; McCabe; Santos and Stanford.
Passed to Committee on Rules for second reading.
March 31, 2015
SB 5689 Prime Sponsor, Senator Becker: Concerning the scope and costs of the diabetes epidemic in Washington. Reported by Committee on Health Care & Wellness
MAJORITY recommendation: Do pass as amended.
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1. The health care authority, department of social and health services, and department of health shall continue to collaborate to identify goals and benchmarks while also developing individual agency plans to implement recommendations to reduce the incidence of diabetes in Washington, improve diabetes care, and control complications associated with diabetes, starting with medicaid programs and the healthier Washington plan.
NEW SECTION. Sec. 2. Following the report submitted pursuant to section 211(3), chapter 4, Laws of 2013 2nd sp. sess., the health care authority, department of social and health services, and department of health shall collectively submit a report to the governor and the legislature by December 31, 2018, and every fourth year thereafter, on the following:
(1) The financial impact and reach diabetes of all types is having on programs administered by each agency and individuals enrolled in those programs;
(2) An assessment of the benefits of implemented programs and activities aimed at controlling diabetes and preventing the disease;
(3) A description of the level of coordination existing between the agencies on activities, programmatic activities, and messaging on managing, treating, or preventing all forms of diabetes and its complications;
(4) A development or revision of detailed action plans for battling diabetes with a range of actionable items for consideration by the legislature. The plans must identify proposed action steps to reduce the impact of diabetes, prediabetes, and related diabetes complications, especially for medicaid populations; and
(5) An estimate of costs, return on investment, and resources required to implement the plan identified in subsection (4) of this section.
NEW SECTION. Sec. 3. Sections 1 and 2 of this act constitute a new chapter in Title 70 RCW."
Correct the title.
Signed by Representatives Cody, Chair; Riccelli, Vice Chair; Schmick, Ranking Minority Member; Harris, Assistant Ranking Minority Member; Caldier; Clibborn; DeBolt; Jinkins; Johnson; Moeller; Robinson; Short; Tharinger and Van De Wege.
Referred to Committee on Appropriations.
March 31, 2015
SSB 5719 Prime Sponsor, Committee on Higher Education: Creating a task force on campus sexual violence prevention. Reported by Committee on Higher Education
MAJORITY recommendation: Do pass as amended.
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1. (1) The Washington student achievement council, the state board for community and technical colleges, the council of presidents, the institutions of higher education, the private independent higher education institutions, state law enforcement, and the Washington attorney general's office shall collaborate to carry out the following goals:
(a) Develop a set of best practices that institutions of higher education and private independent higher education institutions may employ to promote the awareness of campus sexual violence, reduce the occurrence of campus sexual violence, and enhance student safety;
(b) Develop recommendations for institutions of higher education and private independent higher education institutions for improving institutional campus sexual violence policies and procedures; and
(c) Develop recommendations for improving collaboration on campus sexual violence issues among institutions of higher education and between institutions of higher education and law enforcement.
(2) The task force on preventing campus sexual violence is established.
(a) The task force includes the following members:
(i) One representative from the student achievement council;
(ii) One representative from the state board for community and technical colleges;
(iii) One representative from the council of presidents;
(iv) One representative from each of the state universities, the regional universities, and the state college, who is the Title IX coordinator or who has expertise with Title IX and sexual violence prevention efforts;
(v) One representative from the Washington association of sheriffs and police chiefs;
(vi) One representative from the independent colleges of Washington;
(vii) One representative from the nonprofit community who is an advocate for sexual assault victims;
(viii) One representative from the Washington state attorney general's office; and
(ix) One representative from the Washington association of prosecuting attorneys.
(b) The task force shall select a coordinator to facilitate its progress.
(c) The purpose of the task force is to coordinate and implement the goals in subsection (1) of this section.
(3) The task force shall report to the legislature and the institutions of higher education on its goals and recommendations annually by December 31st.
(4) For the purposes of this section, "institutions of higher education" has the same meaning as in RCW 28B.10.016.
(5) To select the representative from the nonprofit community, as required by subsection (2)(a)(vii) of this section, the student achievement council shall issue a request for interest to nonprofit communities that are sexual assault victim advocates, asking who wishes to participate on the task force as a volunteer. The names and resumes, including experience participating in similar efforts, of proposed task force members must be submitted to the student achievement council. The student achievement council shall give this information to the task force and the task force chairs must select the representative from this pool of candidates.
(6) This section expires July 1, 2017."
Correct the title.
Signed by Representatives Hansen, Chair; Pollet, Vice Chair; Zeiger, Ranking Minority Member; Haler, Assistant Ranking Minority Member; Bergquist; Gregory; Hargrove; Holy; Reykdal; Sells; Stambaugh; Tarleton and Van Werven.
Passed to Committee on Rules for second reading.
March 31, 2015
SB 5746 Prime Sponsor, Senator Bailey: Including Everett Community College as an aerospace training or educational program. Reported by Committee on Higher Education
MAJORITY recommendation: Do pass. Signed by Representatives Hansen, Chair; Pollet, Vice Chair; Zeiger, Ranking Minority Member; Haler, Assistant Ranking Minority Member; Bergquist; Gregory; Hargrove; Holy; Reykdal; Sells; Stambaugh; Tarleton and Van Werven.
Referred to Committee on Appropriations.
March 31, 2015
SB 5783 Prime Sponsor, Senator Rivers: Authorizing peace officers to assist the department of corrections with the supervision of offenders. Reported by Committee on Public Safety
MAJORITY recommendation: Do pass as amended.
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1. A new section is added to chapter 9.94A RCW to read as follows:
(1) To the extent that funds are specifically appropriated for this purpose, the department must establish a pilot program in a county with four hundred thousand or more residents that borders the Columbia river to increase communication and cooperation among department of corrections' community supervision staff and general authority peace officers in order to promote and increase accountability of supervised offenders and the safety of the public.
(2) The pilot program must provide that a sufficient number of department duty officers be available outside of normal business hours for the purpose of responding to the inquiries of general authority peace officers regarding supervised offenders believed to have violated a condition or requirement of community supervision.
(3) The duty officers referred to in subsection (2) of this section must have the ability to determine whether a person is a supervised offender and the conditions and requirements of the offender's community supervision, and must be able to determine whether a possible violation of community supervision has occurred. If a general authority peace officer believes a violation has occurred, the duty officer must also be able to respond in a timely manner to the location of the inquiring general authority peace officer when the duty officer determines that there is reasonable cause to believe that the offender is in violation of one or more conditions or requirements of supervision and that the violation merits either a warrantless arrest or search of the supervised offender. If requested, the general authority peace officer may assist a duty officer in the arrest or search of the offender.
(4) If a duty officer determines under subsection (3) of this section that it is appropriate to arrest or search an offender for a supervision violation, a general authority peace officer may detain an offender for the length of time necessary to allow the duty officer to timely respond to the location of the peace officer.
(5) Nothing in this section prevents a peace officer from arresting an offender pursuant to a warrant or pursuant to RCW 10.31.100.
(6) The pilot program must be operational by October 1, 2015.
(7) This section expires October 1, 2017."
Correct the title.
Signed by Representatives Goodman, Chair; Orwall, Vice Chair; Klippert, Ranking Minority Member; Appleton; Moscoso and Pettigrew.
MINORITY recommendation: Without recommendation. Signed by Representatives Hayes, Assistant Ranking Minority Member; Griffey and Wilson.
Referred to Committee on Appropriations.
March 30, 2015
SJM 8012 Prime Sponsor, Senator Hargrove: Requesting the designation of U.S. Highway 101 to honor recipients of the Medal of Honor. Reported by Committee on Transportation
MAJORITY recommendation: Do pass. Signed by Representatives Clibborn, Chair; Farrell, Vice Chair; Fey, Vice Chair; Moscoso, Vice Chair; Orcutt, Ranking Minority Member; Hargrove, Assistant Ranking Minority Member; Bergquist; Gregerson; Harmsworth; Hayes; Kochmar; McBride; Moeller; Morris; Ortiz-Self; Pike; Riccelli; Rodne; Sells; Shea; Takko; Tarleton; Wilson; Young and Zeiger.
Passed to Committee on Rules for second reading.
SECOND SUPPLEMENTAL REPORTS OF STANDING COMMITTEES
March 31, 2015
HB 1106 Prime Sponsor, Representative Hunter: Making 2015-2017 operating appropriations. Reported by Committee on Appropriations
MAJORITY recommendation: The substitute bill be substituted therefor and the substitute bill do pass. Signed by Representatives Hunter, Chair; Ormsby, Vice Chair; Carlyle; Cody; Dunshee; Hansen; Hudgins; Hunt, S.; Jinkins; Kagi; Lytton; Pettigrew; Sawyer; Senn; Springer; Sullivan; Tharinger and Walkinshaw.
MINORITY recommendation: Do not pass. Signed by Representatives Chandler, Ranking Minority Member; Parker, Assistant Ranking Minority Member; Wilcox, Assistant Ranking Minority Member; Buys; Condotta; Dent; Fagan; Haler; Hunt, G.; MacEwen; Magendanz; Schmick; Stokesbary; Taylor and Van Werven.
Referred to Committee on .
March 31, 2015
HB 1115 Prime Sponsor, Representative Dunshee: Concerning the capital budget. Reported by Committee on Capital Budget
MAJORITY recommendation: Do pass as amended.
FORMATTING CHANGED TO ACCOMMODATE TEXT
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1. (1) A capital budget is hereby adopted and, subject to the provisions set forth in this act, the several dollar amounts hereinafter specified, or so much thereof as shall be sufficient to accomplish the purposes designated, are hereby appropriated and authorized to be incurred for capital projects during the period beginning with the effective date of this act and ending June 30, 2017, out of the several funds specified in this act.
(2) The definitions in this subsection apply throughout this act unless the context clearly requires otherwise.
(a) "Fiscal year 2016" or "FY 2016" means the period beginning July 1, 2015, and ending June 30, 2016.
(b) "Fiscal year 2017" or "FY 2017" means the period beginning July 1, 2016, and ending June 30, 2017.
(c) "Lapse" or "revert" means the amount shall return to an unappropriated status.
(d) "Provided solely" means the specified amount may be spent only for the specified purpose.
(3) Unless otherwise specifically authorized in this act, any portion of an amount provided solely for a specified purpose that is not expended subject to the specified conditions and limitations to fulfill the specified purpose shall lapse.
(4) The amounts shown under the headings "Prior Biennia," "Future Biennia," and "Total" in this act are for informational purposes only and do not constitute legislative approval of these amounts. "Prior biennia" typically refers to the immediate prior biennium for reappropriations, but may refer to multiple biennia in the case of specific projects. A "future biennia" amount is an estimate of what may be appropriated for the project or program in the 2017-2019 biennium and the following three biennia; an amount of zero does not necessarily constitute legislative intent to not provide funding for the project or program in the future.
(5) "Reappropriations" in this act are appropriations and, unless the context clearly provides otherwise, are subject to the relevant conditions and limitations applicable to appropriations. Reappropriations shall be limited to the unexpended balances remaining on June 30, 2015, from the 2013-2015 biennial appropriations for each project.
PART 1
GENERAL GOVERNMENT
NEW SECTION. Sec. 1001. FOR THE SECRETARY OF STATE
Library - Archives Building (30000033)
The appropriation in this section is subject to the following conditions and limitations:
(1) The appropriation is provided solely for a predesign to determine: (a) Necessary program space for the state library currently located in Tumwater, and additional archive space; and (b) capital budget requirements, including the use of fees collected by the secretary of state that will support a certificate of participation for the financing of the construction of the facility, and future operating costs.
(2) The study must consider the use of the general administration building site as a possible location; and any benefits or consequences may be identified at this site or other sites considered.
(3) The office of financial management shall determine the maximum use of the site and consider the consolidation of other state agencies, including separately elected officials.
(4) The building must be a high performance building as described in section 7008 of this act and the construction must be procured using a performance based method including design-build or design-build-operate-maintain.
Appropriation:
State Building Construction Account—State....................... $250,000
Prior Biennia (Expenditures)........................................................... $0
Future Biennia (Projected Costs)..................................... $55,428,000
TOTAL.................................................... $55,678,000
NEW SECTION. Sec. 1002. FOR THE SECRETARY OF STATE
Minor Works (91000007)
Appropriation:
State Building Construction Account—State.................... $1,007,000
Prior Biennia (Expenditures)........................................................... $0
Future Biennia (Projected Costs)..................................................... $0
TOTAL...................................................... $1,007,000
NEW SECTION. Sec. 1003. FOR THE DEPARTMENT OF COMMERCE
Local and Community Projects (20064008)
The reappropriation in this section is subject to the following conditions and limitations: The reappropriation is subject to the provisions in section 131, chapter 488, Laws of 2005.
Reappropriation:
State Building Construction Account—State....................... $434,000
Prior Biennia (Expenditures)........................................... $45,458,000
Future Biennia (Projected Costs)..................................................... $0
TOTAL.................................................... $45,892,000
NEW SECTION. Sec. 1004. FOR THE DEPARTMENT OF COMMERCE
Rural Washington Loan Fund (20064010)
Reappropriation:
Rural Washington Loan Account—State.......................... $2,383,000
Prior Biennia (Expenditures)............................................. $1,744,000
Future Biennia (Projected Costs)..................................................... $0
TOTAL...................................................... $4,127,000
NEW SECTION. Sec. 1005. FOR THE DEPARTMENT OF COMMERCE
Rural Washington Loan Fund (20074008)
Reappropriation:
Rural Washington Loan Account—State.......................... $1,822,000
Prior Biennia (Expenditures)................................................ $205,000
Future Biennia (Projected Costs)..................................................... $0
TOTAL...................................................... $2,027,000
NEW SECTION. Sec. 1006. FOR THE DEPARTMENT OF COMMERCE
Housing Assistance, Weatherization, and Affordable Housing (20074009)
Reappropriation:
State Taxable Building Construction Account—
State........................................................................... $1,405,000
Washington Housing Trust Account—State.......................... $86,000
Subtotal Reappropriation........................... $1,491,000
Prior Biennia (Expenditures)......................................... $198,509,000
Future Biennia (Projected Costs)..................................................... $0
TOTAL.................................................. $200,000,000
NEW SECTION. Sec. 1007. FOR THE DEPARTMENT OF COMMERCE
Job Development Fund Grants (20074010)
The reappropriation in this section is subject to the following conditions and limitations: The reappropriation is subject to the provisions of section 1032, chapter 520, Laws of 2007 and section 1005, chapter 36, Laws of 2010 1st sp. sess.
Reappropriation:
State Building Construction Account—State.................... $3,987,000
Prior Biennia (Expenditures)........................................... $44,943,000
Future Biennia (Projected Costs)..................................................... $0
TOTAL.................................................... $48,930,000
NEW SECTION. Sec. 1008. FOR THE DEPARTMENT OF COMMERCE
Local and Community Projects (20084001)
The reappropriation in this section is subject to the following conditions and limitations: Except as directed otherwise prior to the effective date of this section, the department shall not expend the reappropriation in this section unless and until the nonstate share of project costs have been either expended, or firmly committed, or both, in an amount sufficient to complete the project or a distinct phase of the project that is useable to the public for the purpose intended by the legislature. This requirement does not apply to projects where a share of the reappropriation is released for design costs only.
Reappropriation:
State Building Construction Account—State....................... $113,000
Prior Biennia (Expenditures)......................................... $127,577,000
Future Biennia (Projected Costs)..................................................... $0
TOTAL.................................................. $127,690,000
NEW SECTION. Sec. 1009. FOR THE DEPARTMENT OF COMMERCE
Community Development Fund (20084850)
Reappropriation:
State Building Construction Account—State.................... $1,213,000
Prior Biennia (Expenditures)........................................... $19,703,000
Future Biennia (Projected Costs)..................................................... $0
TOTAL.................................................... $20,916,000
NEW SECTION. Sec. 1010. FOR THE DEPARTMENT OF COMMERCE
Building for the Arts (30000006)
Reappropriation:
State Building Construction Account—State.................... $1,594,000
Prior Biennia (Expenditures)............................................. $8,481,000
Future Biennia (Projected Costs)..................................................... $0
TOTAL.................................................... $10,075,000
NEW SECTION. Sec. 1011. FOR THE DEPARTMENT OF COMMERCE
Housing Assistance, Weatherization, and Affordable Housing (30000013)
Reappropriation:
Washington Housing Trust Account—State........................ $276,000
Prior Biennia (Expenditures)......................................... $129,724,000
Future Biennia (Projected Costs)..................................................... $0
TOTAL.................................................. $130,000,000
NEW SECTION. Sec. 1012. FOR THE DEPARTMENT OF COMMERCE
2010 Local and Community Projects (30000082)
The reappropriation in this section is subject to the following conditions and limitations: The projects must comply with RCW 43.63A.125 and other requirements for community projects administered by the department.
Reappropriation:
State Building Construction Account—State.................... $1,991,000
Prior Biennia (Expenditures)........................................... $11,431,000
Future Biennia (Projected Costs)..................................................... $0
TOTAL.................................................... $13,422,000
NEW SECTION. Sec. 1013. FOR THE DEPARTMENT OF COMMERCE
Drinking Water State Revolving Fund Loan Program (30000095)
Reappropriation:
Drinking Water Assistance Account—State..................... $6,451,000
Drinking Water Assistance Repayment Account—State $90,368,000
Subtotal Reappropriation......................... $96,819,000
Prior Biennia (Expenditures)........................................... $10,863,000
Future Biennia (Projected Costs)..................................................... $0
TOTAL.................................................. $107,682,000
NEW SECTION. Sec. 1014. FOR THE DEPARTMENT OF COMMERCE
Community Economic Revitalization Board (30000097)
Reappropriation:
Public Facility Construction Loan Revolving Account—
State........................................................................... $2,104,000
Prior Biennia (Expenditures)............................................. $2,896,000
Future Biennia (Projected Costs)..................................................... $0
TOTAL...................................................... $5,000,000
NEW SECTION. Sec. 1015. FOR THE DEPARTMENT OF COMMERCE
Housing Assistance, Weatherization, Affordable Housing Trust Fund (30000098)
The reappropriation in this section is subject to the following conditions and limitations: The reappropriation is subject to the provisions of section 1026, chapter 49, Laws of 2011 1st sp. sess.
Reappropriation:
State Taxable Building Construction Account—State...... $5,506,000
Prior Biennia (Expenditures)........................................... $44,494,000
Future Biennia (Projected Costs)..................................................... $0
TOTAL.................................................... $50,000,000
NEW SECTION. Sec. 1016. FOR THE DEPARTMENT OF COMMERCE
Public Works Assistance Account Program (30000103)
The reappropriation in this section is subject to the following conditions and limitations: The reappropriation is subject to the provisions of section 1021, chapter 48, Laws of 2011 1st sp. sess.
Reappropriation:
Public Works Assistance Account—State....................... $90,734,000
Prior Biennia (Expenditures)......................................... $233,851,000
Future Biennia (Projected Costs)..................................................... $0
TOTAL.................................................. $324,585,000
NEW SECTION. Sec. 1017. FOR THE DEPARTMENT OF COMMERCE
Building Communities Fund Grants (30000102)
The reappropriation in this section is subject to the following conditions and limitations:
(1) The reappropriation is subject to the provisions of section 1027, chapter 49, Laws of 2011, 1st sp. sess.
(2) The reappropriation is provided solely for the University District food bank project.
Reappropriation:
State Building Construction Account—State....................... $573,000
Prior Biennia (Expenditures)........................................... $12,830,000
Future Biennia (Projected Costs)..................................................... $0
TOTAL.................................................... $13,403,000
NEW SECTION. Sec. 1018. FOR THE DEPARTMENT OF COMMERCE
Local and Community Projects (30000166)
The reappropriation in this section is subject to the following conditions and limitations: The reappropriation is subject to the provisions of section 1002, chapter 2, Laws of 2012 2nd sp. sess.
Reappropriation:
State Building Construction Account—State.................... $1,887,000
Prior Biennia (Expenditures)........................................... $14,930,000
Future Biennia (Projected Costs)..................................................... $0
TOTAL.................................................... $16,817,000
NEW SECTION. Sec. 1019. FOR THE DEPARTMENT OF COMMERCE
Weatherization (91000247)
The reappropriation in this section is subject to the following conditions and limitations: The reappropriation is subject to the provisions of section 1015, chapter 2, Laws of 2012 2nd sp. sess.
Reappropriation:
State Taxable Building Construction Account—State...... $5,313,000
Prior Biennia (Expenditures)........................................... $19,687,000
Future Biennia (Projected Costs)..................................................... $0
TOTAL.................................................... $25,000,000
NEW SECTION. Sec. 1020. FOR THE DEPARTMENT OF COMMERCE
Clean Energy Partnership (30000175)
The reappropriation in this section is subject to the following conditions and limitations:
(1) The reappropriation is provided solely for implementation of the recommendations of the clean energy leadership council by providing state matching funds for projects that:
(a) Integrate energy efficiency and renewable energy in buildings;
(b) Integrate renewable energy into the regional electrical grid;
(c) Advance bioenergy in the state.
(2) State funding must not exceed fifty percent of the total program or project funds.
(3) Eligible projects must:
(a) Involve a majority of companies that are located in Washington state;
(b) Represent a substantially new solution that is not widely available today; and
(c) Be designed to generate solutions that are applicable both inside and outside of the state.
Reappropriation:
Public Facility Construction Loan Revolving Account—
State........................................................................... $4,828,000
Prior Biennia (Expenditures)................................................ $672,000
Future Biennia (Projected Costs)..................................................... $0
TOTAL...................................................... $5,500,000
NEW SECTION. Sec. 1021. FOR THE DEPARTMENT OF COMMERCE
Financing Energy/Water Efficiency (30000180)
Reappropriation:
Public Works Assistance Account—State......................... $4,886,000
Prior Biennia (Expenditures)................................................ $114,000
Future Biennia (Projected Costs)..................................................... $0
TOTAL...................................................... $5,000,000
NEW SECTION. Sec. 1022. FOR THE DEPARTMENT OF COMMERCE
Public Works Assistance Account Program 2013 Loan List (30000184)
The reappropriation in this section is subject to the following conditions and limitations: The reappropriation is subject to the provisions of section 1016, chapter 2, Laws of 2012 2nd sp. sess.
Reappropriation:
Public Works Assistance Account—State....................... $82,786,000
Prior Biennia (Expenditures)........................................................... $0
Future Biennia (Projected Costs)..................................................... $0
TOTAL.................................................... $82,786,000
NEW SECTION. Sec. 1023. FOR THE DEPARTMENT OF COMMERCE
Youth Recreational Facilities Grants (30000185)
The reappropriation in this section is subject to the following conditions and limitations: The reappropriation is subject to the provisions of section 1062, chapter 19, Laws of 2013 2nd sp. sess.
Reappropriation:
State Building Construction Account—State.................... $2,568,000
Prior Biennia (Expenditures)............................................. $1,563,000
Future Biennia (Projected Costs)..................................................... $0
TOTAL...................................................... $4,131,000
NEW SECTION. Sec. 1024. FOR THE DEPARTMENT OF COMMERCE
Building for the Arts Grants (30000186)
The reappropriation in this section is subject to the following conditions and limitations: The reappropriation is subject to the provisions of section 1063, chapter 19, Laws of 2013 2nd sp. sess.
Reappropriation:
State Building Construction Account—State.................... $3,301,000
Prior Biennia (Expenditures)............................................. $6,903,000
Future Biennia (Projected Costs)..................................................... $0
TOTAL.................................................... $10,204,000
NEW SECTION. Sec. 1025. FOR THE DEPARTMENT OF COMMERCE
Building Communities Fund Grants (30000188)
The reappropriation in this section is subject to the following conditions and limitations: The reappropriation is subject to the provisions of section 1072, chapter 19, Laws of 2013 2nd sp. sess.
Reappropriation:
State Building Construction Account—State.................... $2,692,000
Prior Biennia (Expenditures)............................................. $2,587,000
Future Biennia (Projected Costs)..................................................... $0
TOTAL...................................................... $5,279,000
NEW SECTION. Sec. 1026. FOR THE DEPARTMENT OF COMMERCE
Drinking Water State Revolving Fund Loan Program (30000189)
The reappropriations in this section are subject to the following conditions and limitations: For projects involving repair, replacement, or improvement of a clean water infrastructure facility or other public works facility for which an investment grade efficiency audit is obtainable, the public works board must require as a contract condition that the project sponsor undertake an investment grade efficiency audit. The project sponsor may finance the costs of the audit as part of its drinking water state revolving fund program loan.
Reappropriation:
Drinking Water Assistance Account—State..................... $4,400,000
Drinking Water Assistance Repayment Account—
State....................................................................... $200,000,000
Subtotal Reappropriation....................... $204,400,000
Prior Biennia (Expenditures)............................................. $8,800,000
Future Biennia (Projected Costs)..................................................... $0
TOTAL.................................................. $213,200,000
NEW SECTION. Sec. 1027. FOR THE DEPARTMENT OF COMMERCE
Community Economic Revitalization Board (30000190)
The reappropriation in this section is subject to the following conditions and limitations: The reappropriation is subject to the provisions of section 1070, chapter 19, Laws of 2013 2nd sp. sess.
Reappropriation:
Public Facility Construction Loan Revolving Account—
State........................................................................... $5,052,000
Prior Biennia (Expenditures)............................................. $3,948,000
Future Biennia (Projected Costs)..................................................... $0
TOTAL...................................................... $9,000,000
NEW SECTION. Sec. 1028. FOR THE DEPARTMENT OF COMMERCE
Weatherization (30000192)
The reappropriation in this section is subject to the following conditions and limitations: The reappropriation is subject to the provisions of section 1076, chapter 19, Laws of 2013 2nd sp. sess.
Reappropriation:
State Building Construction Account—State.................... $4,291,000
Prior Biennia (Expenditures)........................................... $15,709,000
Future Biennia (Projected Costs)..................................................... $0
TOTAL.................................................... $20,000,000
NEW SECTION. Sec. 1029. FOR THE DEPARTMENT OF COMMERCE
2013-2015 Energy Efficiency Grants (30000193)
The reappropriation in this section is subject to the following conditions and limitations: The reappropriation is subject to the provisions of section 1075, chapter 19, Laws of 2013 2nd sp. sess.
Reappropriation:
State Building Construction Account—State.................. $21,714,000
Prior Biennia (Expenditures)............................................. $3,286,000
Future Biennia (Projected Costs)..................................................... $0
TOTAL.................................................... $25,000,000
NEW SECTION. Sec. 1030. FOR THE DEPARTMENT OF COMMERCE
Renton Aerospace Training Center Construction (30000724)
The reappropriation in this section is subject to the following conditions and limitations: The reappropriation is subject to the provisions of section 3, chapter 1, Laws of 2013 3rd sp. sess.
Reappropriation:
State Building Construction Account—State.................. $10,000,000
Prior Biennia (Expenditures)........................................................... $0
Future Biennia (Projected Costs)..................................................... $0
TOTAL.................................................... $10,000,000
NEW SECTION. Sec. 1031. FOR THE DEPARTMENT OF COMMERCE
ARRA SEP Revolving Loans (30000725)
Appropriation:
Energy Recovery Act Account—State.............................. $2,500,000
Prior Biennia (Expenditures)........................................................... $0
Future Biennia (Projected Costs)..................................... $10,000,000
TOTAL.................................................... $12,500,000
NEW SECTION. Sec. 1032. FOR THE DEPARTMENT OF COMMERCE
Behavioral Health: Evaluation and Treatment Centers Grant Program (91000644)
The appropriation in this section is subject to the following conditions and limitations:
(1) The appropriation in this section is provided solely for the department of commerce, in collaboration with the department of social and health services, to issue at least three grants, one of which will be to the Woodmont recovery center, to hospitals or other entities to establish new community hospital inpatient psychiatric beds, free-standing evaluation and treatment facilities, enhanced services facilities, triage facilities, or crisis stabilization facilities with sixteen or fewer beds for the purpose of providing short-term detention services through the publicly funded mental health system. Funds may be used for construction and equipment costs associated with establishment of the community hospital inpatient psychiatric beds, free-standing evaluation and treatment facilities, enhanced services facilities, triage facilities, or crisis stabilization facilities. These funds may not be used for operating costs associated with the treatment of patients using these services. The department shall establish criteria for the issuance of grants and priority must be given to those proposals to establish new community hospital inpatient psychiatric beds or free-standing evaluation and treatment facilities. The criteria must include:
(a) Evidence that the application was developed in collaboration with one or more regional support networks, as defined in RCW 71.24.025;
(b) Evidence that the applicant has assessed and would meet gaps in geographical access to short-term detention services under chapter 71.05 RCW in their region;
(c) A commitment by applicants to serve persons who are publicly funded and persons detained under the involuntary treatment act at chapter 71.05 RCW;
(d) Evidence of capacity of the applicant to serve individuals with medical and psychiatric comorbidities;
(e) A commitment by the applicant to maintain the beds or facility for at least a ten-year period;
(f) The date upon which structural modifications or construction would begin and the anticipated date of completion of the project;
(g) A detailed estimate of the costs associated with opening the beds; and
(h) The applicant's commitment to work with local courts and prosecutors to ensure that prosecutors and courts in the area served by the hospital or facility will be available to conduct involuntary commitment hearings and proceedings under chapter 71.05 RCW.
(2) To accommodate the emergent need for inpatient psychiatric services, the department of health and the department of commerce, in collaboration with the department of social and health services shall establish a concurrent and expedited process for the purpose of grant applicants meeting any applicable regulatory requirements necessary to operate inpatient psychiatric beds, free-standing evaluation and treatment facilities, enhanced services facilities, triage facilities, or crisis stabilization facilities.
(3) $3,000,000 is provided for the Swedish Ballard psychiatric unit.
Appropriation:
State Building Construction Account—State.................... $9,000,000
Prior Biennia (Expenditures)........................................................... $0
Future Biennia (Projected Costs)..................................................... $0
TOTAL...................................................... $9,000,000
NEW SECTION. Sec. 1033. FOR THE DEPARTMENT OF COMMERCE
Clean Energy and Energy Freedom Program (30000726)
The appropriations in this section are subject to the following conditions and limitations:
(1) The appropriations are provided solely for projects that provide a benefit to the public through development, demonstration, and deployment of clean energy technologies that save energy and reduce energy costs, reduce harmful air emissions or otherwise increase energy independence for the state. All expenditures must be used for projects that develop and acquire assets that have a useful life of at least thirteen years. These requirements must be specified in funding agreements issued by the department.
(2)(a) $10,000,000 of the state taxable building construction account is provided solely to create a revolving loan fund to support the widespread use of proven energy efficiency and renewable energy technologies now inhibited by lack of access to capital.
(b) The department shall provide grant funds to one or more competitively selected nonprofit lenders that will provide matching private capital and will administer the loan fund. The department must select the loan fund administrator or administrators through a competitive process, with scoring conducted by a group of qualified experts, applying criteria specified by the department.
(c) The department must establish guidelines that specify applicant eligibility, the screening process, and evaluation and selection criteria. The guidelines must be used by the nonprofit lenders.
(d) Loan applications must disclose all sources of public funds invested in the project. The nonprofit lender must make loans available to the following types of projects that include, but are not limited to: Residential, commercial, industrial, and agricultural energy retrofits, residential and community-scale solar installations, anaerobic digesters to treat dairy and organic waste, and combined heat and power projects using woody biomass as a fuel source.
(e) State funds may not exceed fifty percent of the estimated cost of a project, and funding preference must be provided to projects that offer a higher percentage of nonstate match funds.
(f) The department must conduct due diligence activities associated with the use of public funds, including oversight of the project selection process and project monitoring.
(3) $6,600,000 of the state taxable building construction account is provided solely for credit enhancements of advanced solar and renewable energy manufacturing within Washington state. The department shall develop an application process to competitively select projects.
(4)(a) $13,000,000 of the state building construction account is provided solely for grants to advance clean and renewable energy technologies and advance transmission and distribution control system improvements for increased reliability, resiliency, and enabling integration of distributed and renewable resources and technology by public and private electrical utilities that serve retail customers in the state. Eligible utilities may partner with other public and private sector research organizations and businesses in applying for funding.
(b) The department shall develop a grant application process to competitively select projects for grant awards, to include scoring conducted by a group of qualified experts with application of criteria specified by the department. In development of the application criteria, the department shall, to the extent possible, allow smaller utilities or consortia of small utilities to apply for funding.
(c) The department shall convene an advisory panel of electric utility representatives to identify program objectives, near term priorities and long term goals.
(d) Applications for grants must disclose all sources of public funds invested in a project.
(e) Grant funds must be used for research, development, or demonstration projects that integrate intermittent renewables through energy storage, information technology or other smart grid technologies, dispatch energy storage resources from utility control rooms, use demand response, transactive control, or the thermal properties and electric load of commercial buildings and district energy systems to store energy, reduce transmission congestion or otherwise improve system reliability and resiliency and enable integration of distributed and renewable energy sources.
(5)(a) $10,000,000 of the state building construction account is provided solely for grants to match federal funds or other nonstate funding sources used to research, develop, and demonstrate clean energy technologies.
(b) The department shall consult with the University of Washington, Washington State University, the Pacific Northwest national laboratory and other clean energy organizations to design the program. The program shall offer matching funds for clean energy projects including, but not limited to: Advancing energy storage and solar technologies, advancing bioenergy, developing new lightweight materials, and advancing renewable energy and energy efficiency technologies.
(6) $400,000 of the state building construction account—state is provided solely for capital funding of wood energy conversion projects at public facilities.
(7) The department must report on number and results of projects that receive grants or loans through the clean energy fund, including the number of job hours created and the number of jobs maintained and created, to the governor and the legislature, by November 1, 2016.
Appropriation:
State Taxable Building Construction Account—State.... $17,000,000
State Building Construction Account—State.................. $23,400,000
Subtotal Appropriation............................ $40,400,000
Prior Biennia (Expenditures)........................................................... $0
Future Biennia (Projected Costs)................................... $240,000,000
TOTAL.................................................. $280,400,000
NEW SECTION. Sec. 1034. FOR THE DEPARTMENT OF COMMERCE
Substance Abuse and Mental Health Facilities (91000646)
Appropriation:
State Building Construction Account—State.................... $2,000,000
Prior Biennia (Expenditures)........................................................... $0
Future Biennia (Projected Costs)..................................................... $0
TOTAL...................................................... $2,000,000
NEW SECTION. Sec. 1035. FOR THE DEPARTMENT OF COMMERCE
Public Works Assistance Account Program 2016 Loan List (30000727)
The appropriation in this section is subject to the following conditions and limitations: $69,733,000 is provided solely for the ranked list of projects in LEAP capital document number 2015-1, developed March 27, 2015.
Appropriation:
Public Works Assistance Account—State....................... $69,733,000
Prior Biennia (Expenditures)........................................................... $0
Future Biennia (Projected Costs)................................... $280,000,000
TOTAL.................................................. $349,733,000
NEW SECTION. Sec. 1036. FOR THE DEPARTMENT OF COMMERCE
Building for the Arts Program (30000731)
The appropriation in this section is subject to the following conditions and limitations:
(1) The appropriation is subject to the provisions of RCW 43.63A.750.
(2) Except as directed otherwise prior to the effective date of this section, the department may not expend the appropriation in this section unless and until the nonstate share of project costs have been either expended, or firmly committed, or both, in an amount sufficient to complete the project or a distinct phase of the project that is useable to the public for the purpose intended by the legislature. This requirement does not apply to projects where a share of the appropriation is released for design costs only.
(3) The appropriation is provided solely for the following list of projects:
Spokane children's theatre.............................................................. $18,000
KEXP's new home at Seattle center.......................................... $1,866,000
Admiral theatre renovation 2.0..................................................... $100,000
Kirkland arts center - capital improvements project...................... $48,000
Uniontown creativity center addition and site
improvements....................................................................... $123,000
San Juan islands museum of art.................................................... $650,000
KidsQuest children's museum - good to grow capital
campaign............................................................................ $2,000,000
Cornish playhouse........................................................................ $232,000
ACT theatre eagles auditorium restoration and renovation.......... $303,000
Music works northwest park 118 building renovation................... $64,000
New hands on children's museum................................................ $393,000
TOTAL...................................................................................... $5,797,000
Appropriation:
State Building Construction Account—State.................... $5,797,000
Prior Biennia (Expenditures)........................................................... $0
Future Biennia (Projected Costs)..................................... $21,600,000
TOTAL.................................................... $27,397,000
NEW SECTION. Sec. 1037. FOR THE DEPARTMENT OF COMMERCE
Youth Recreational Facilities Program (30000792)
The appropriation in this section is subject to the following conditions and limitations:
(1) The appropriation is subject to the provisions of RCW 43.63A.135.
(2) Except as directed otherwise prior to the effective date of this section, the department may not expend the appropriation in this section unless and until the nonstate share of project costs have been either expended, or firmly committed, or both, in an amount sufficient to complete the project or a distinct phase of the project that is useable to the public for the purpose intended by the legislature. This requirement does not apply to projects where a share of the appropriation is released for design costs only.
(3) The appropriation is provided solely for the following list of projects:
Youth activity wing at the Tom Taylor family YMCA................ $515,000
BGCB main club project........................................................... $1,200,000
BGCB hidden valley fieldhouse project.................................... $1,200,000
Sultan boys & girls club............................................................... $340,000
Stanwood-Camano family YMCA............................................ $1,200,000
YMCA camp Terry environmental recreation center................... $500,000
Mukilteo boys & girls club........................................................ $1,200,000
Lummi youth wellness center renovation project..................... $1,200,000
TOTAL...................................................................................... $7,355,000
Appropriation:
State Building Construction Account—State.................... $7,355,000
Prior Biennia (Expenditures)........................................................... $0
Future Biennia (Projected Costs)..................................... $32,000,000
TOTAL.................................................... $39,355,000
NEW SECTION. Sec. 1038. FOR THE DEPARTMENT OF COMMERCE
Building Communities Fund Program (30000803)
The appropriation in this section is subject to the following conditions and limitations:
(1) The appropriation is subject to the provisions of RCW 43.63A.125.
(2) Except as directed otherwise prior to the effective date of this section, the department may not expend the appropriation in this section unless and until the nonstate share of project costs have been either expended, or firmly committed, or both, in an amount sufficient to complete the project or a distinct phase of the project that is useable to the public for the purpose intended by the legislature. This requirement does not apply to projects where a share of the appropriation is released for design costs only.
(3) The appropriation is provided solely for the following list of projects:
Rainier Beach urban farm and wetlands....................................... $307,000
Whatcom county emergency food hub......................................... $575,000
Hopelink Redmond integrated services center.......................... $2,400,000
Riverside drive building purchase................................................ $138,000
Centerforce..................................................................................... $98,000
Eritrean association community kitchen........................................ $58,000
Tonasket food bank building acquisition....................................... $22,000
Building for the future.................................................................. $300,000
Entiat Valley community services resource center...................... $100,000
Pike market neighborhood center................................................. $500,000
Opportunity council renovation project........................................ $170,000
FareStart facility expansion to the Pacific tower.......................... $438,000
Walla Walla community teen center............................................ $475,000
El Centro de la Raza community access & parking
improvements....................................................................... $600,000
Good ground capital campaign..................................................... $300,000
Renewed hope capital campaign.................................................... $66,000
International community health services (ICHS)...................... $3,500,000
Casa latina: A home for opportunity............................................ $150,000
Centerstone building renovation................................................ $1,500,000
PSRS office building conversion.................................................. $212,000
Prairie oaks................................................................................... $200,000
Leschi center renovation............................................................ $1,000,000
Everett family YMCA............................................................... $2,000,000
Behavioral healthcare center for children, youth and
families.............................................................................. $2,000,000
Phoenix rising............................................................................... $250,000
Gordon family YMCA (Sumner, WA)...................................... $2,000,000
Community grief support and recovery center.......................... $1,000,000
Auburn youth resources campus expansion................................. $500,000
TOTAL.................................................................................... $20,859,000
Appropriation:
State Building Construction Account—State.................. $20,859,000
Prior Biennia (Expenditures)........................................................... $0
Future Biennia (Projected Costs)................................... $120,000,000
TOTAL.................................................. $140,859,000
NEW SECTION. Sec. 1039. FOR THE DEPARTMENT OF COMMERCE
Housing Trust Fund Appropriation (30000833)
The appropriation in this section is subject to the following conditions and limitations:
(1) The appropriation in this section is provided solely for the department to award loans and grants on a competitive basis to affordable housing projects statewide that will produce, at a minimum, a total of 1,900 homes and 500 seasonal beds, in the following categories and amounts:
(a) For people with chronic mental illness, 281 homes;
(b) For homeless families with children, 529 homes;
(c) For people with disabilities, developmental disabilities, veterans, and others, 500 homes; of that number, a minimum of 100 must be for veterans;
(d) For homeless youth, 200 homes;
(e) For farmworkers, 190 homes and 500 seasonal beds;
(f) For seniors, 200 homes.
(2) If upon review of completed applications, the department determines there are not adequate suitable projects in a category, the department may allocate funds to projects serving other low-income and special needs populations, provided those projects are located in an area with an identified need for the type of housing proposed.
Appropriation:
State Taxable Building Construction Account—State.... $80,000,000
Prior Biennia (Expenditures)........................................................... $0
Future Biennia (Projected Costs)................................... $220,000,000
TOTAL.................................................. $300,000,000
NEW SECTION. Sec. 1040. FOR THE DEPARTMENT OF COMMERCE
2015-2017 Community Economic Revitalization Board Program (30000834)
The appropriation in this section is subject to the following conditions and limitations: If House Bill No. 1856 or other legislation that provides an exception for counties with the state's highest unemployment rates to the community economic revitalization board program's median hourly wage requirement is not enacted by June 30, 2015, the appropriation from the state taxable building construction account—state in this section shall lapse.
Appropriation:
State Taxable Building Construction Account—State...... $2,000,000
Public Facility Construction Loan Revolving Account—
State........................................................................... $8,100,000
Subtotal Appropriation............................ $10,100,000
Prior Biennia (Expenditures)........................................................... $0
Future Biennia (Projected Costs)..................................... $28,000,000
TOTAL.................................................... $38,100,000
NEW SECTION. Sec. 1041. FOR THE DEPARTMENT OF COMMERCE
Energy Efficiency and Solar Grants (30000835)
The appropriation in this section is subject to the following conditions and limitations:
(1)(a) $5,630,000 for fiscal year 2016 and $5,630,000 for fiscal year 2017 is provided solely for grants to be awarded in competitive rounds to local agencies, public higher education institutions, and state agencies for operational cost savings improvements to facilities and related projects that result in energy and operational cost savings.
(b) At least ten percent of each competitive grant round must be awarded to small cities or towns with a population of five thousand or fewer residents.
(c) In each competitive round, the higher the leverage ratio of nonstate funding sources to state grant and the higher the energy savings, the higher the project ranking.
(2) $3,750,000 is provided solely for grants to be awarded in competitive rounds to local agencies, public higher education institutions, and state agencies for projects that involve the purchase and installation of solar energy systems, including solar modules and inverters, with a preference for Washington-manufactured products.
(3) $1,650,000 is provided solely for energy efficiency improvements to minor works and stand-alone projects at state-owned facilities that repair or replace existing building systems including but not limited to HVAC, lighting, insulation, windows, and other mechanical systems. Eligibility for this funding is dependent on an analysis using the office of financial management's life cycle cost tool that compares project design alternatives for initial and long-term cost-effectiveness. Assuming a reasonable return on investment, the cost to improve the project's energy efficiency compared to the original project request will be added to the project appropriation after construction bids are received. The department of commerce shall coordinate with the office of financial management to develop a process for project submittal, review, approval criteria, tracking project budget adjustments, and performance measures.
(4) $225,000 is provided solely for resource conservation managers in the department of enterprise services to coordinate with state agencies to assess and adjust existing building systems and operations to optimize the efficiency in use of energy and other resources in state-owned facilities. The department of commerce will oversee an interagency agreement with the department of enterprise services to fund the resource conservation managers.
Appropriation:
State Building Construction Account—State.................. $30,000,000
Prior Biennia (Expenditures)........................................................... $0
Future Biennia (Projected Costs)................................... $120,000,000
TOTAL.................................................. $150,000,000
NEW SECTION. Sec. 1042. FOR THE DEPARTMENT OF COMMERCE
Ultra-Efficient Affordable Housing Demonstration (30000836)
The appropriation in this section is subject to the following conditions and limitations:
(1) The appropriation in this section is provided solely for loans or grants to low-income housing developers to design and construct ultra-high energy efficient housing projects including single and multifamily units;
(2) By December 1, 2015, in consultation with professional building, energy efficiency and housing finance organizations, the office of financial management and appropriate legislative staff, the department shall develop a process that is designed to solicit, evaluate and fund ultra-high energy efficient housing projects as part of the housing trust fund competitive program.
(3) To receive funding, a project must demonstrate energy-saving and renewable energy systems designed to reach net-zero energy use after housing is fully occupied and must provide a life-cycle cost analysis report to the department; and
(4) The department must consider, at a minimum and in any order, the following factors in assigning a numerical ranking to a project:
(a) Whether the proposed design has demonstrated that the project will achieve net-zero energy use when fully occupied;
(b) The life cycle cost of the project;
(c) That the project demonstrates a design, use of materials, and construction process that can be replicated by the Washington building industry;
(d) The extent to which the project leverages nonstate funds;
(e) The extent to which the project is ready to proceed to construction;
(f) Whether the project promotes sustainable use of resources and environmental quality;
(g) Whether the project is being well-managed to fund maintenance and capital depreciation;
(h) Reduction of housing and utilities carbon footprint; and
(i) Other criteria that the department considers necessary to achieve the purpose of this program.
Appropriation:
State Taxable Building Construction Account—State...... $5,000,000
Prior Biennia (Expenditures)........................................................... $0
Future Biennia (Projected Costs)..................................................... $0
TOTAL...................................................... $5,000,000
NEW SECTION. Sec. 1043. FOR THE DEPARTMENT OF COMMERCE
Housing Trust Fund Portfolio Preservation Program (30000837)
Appropriation:
Washington Housing Trust Account—State..................... $5,000,000
Prior Biennia (Expenditures)........................................................... $0
Future Biennia (Projected Costs)..................................... $20,000,000
TOTAL.................................................... $25,000,000
NEW SECTION. Sec. 1044. FOR THE DEPARTMENT OF COMMERCE
Weatherization Matchmaker Program (30000838)
Appropriation:
State Building Construction Account—State.................. $20,000,000
Prior Biennia (Expenditures)........................................................... $0
Future Biennia (Projected Costs)..................................... $60,000,000
TOTAL.................................................... $80,000,000
NEW SECTION. Sec. 1045. FOR THE DEPARTMENT OF COMMERCE
2015-2017 Drinking Water State Revolving Fund Loan Program (30000840)
The appropriations in this section are subject to the following conditions and limitations:
(1) $4,400,000 of the drinking water assistance account for fiscal year 2016 and $4,400,000 of the drinking water assistance account for fiscal year 2017 is provided as state match for federal safe drinking water funds.
(2) For projects involving repair, replacement, or improvement of a clean water infrastructure facility or other public works facility for which an investment grade efficiency audit is obtainable, the public works board must require as a contract condition that the project sponsor undertake an investment grade efficiency audit. The project sponsor may finance the costs of the audit as part of its drinking water state revolving fund program loan.
(3) The agency must encourage local government use of federally-funded drinking water infrastructure programs operated by the United States department of agriculture - rural development.
Appropriation:
Drinking Water Assistance Account—State................. $120,000,000
Prior Biennia (Expenditures)........................................................... $0
Future Biennia (Projected Costs)................................... $480,000,000
TOTAL.................................................. $600,000,000
NEW SECTION. Sec. 1046. FOR THE DEPARTMENT OF COMMERCE
Community Energy Efficiency Program (30000845)
Appropriation:
State Building Construction Account—State.................. $10,000,000
Prior Biennia (Expenditures)........................................................... $0
Future Biennia (Projected Costs)..................................... $40,000,000
TOTAL.................................................... $50,000,000
NEW SECTION. Sec. 1047. FOR THE DEPARTMENT OF COMMERCE
2016 Local and Community Projects (30000846)
The appropriation in this section is subject to the following conditions and limitations:
(1) Except as directed otherwise prior to the effective date of this section, the department may not expend the appropriation in this section unless and until the nonstate share of project costs have been either expended, or firmly committed, or both, in an amount sufficient to complete the project or a distinct phase of the project that is useable to the public for the purpose intended by the legislature. This requirement does not apply to projects where a share of the appropriation is released for design costs only.
(2) Prior to receiving funds, project recipients must demonstrate that the project site is under control for a minimum of ten years, either through ownership or a long-term lease. This requirement does not apply to appropriations for preconstruction activities or appropriations whose sole purpose is to purchase real property that does not include a construction or renovation component.
(3) Projects funded in this section may be required to comply with Washington's high performance building standards as required by chapter 39.35D RCW.
(4) Project funds are available on a reimbursement basis only, and shall not be advanced under any circumstances.
(5) Projects funded in this section must be held by the recipient for a minimum of ten years and used for the same purpose or purposes intended by the legislature as required in RCW 43.63A.125(6).
(6) Projects funded in this section, including those that are owned and operated by nonprofit organizations, are generally required to pay state prevailing wages.
(7) $1,500,000 of the appropriation in this section is provided solely for the Fairchild air force base protection and community empowerment project. Of that amount, $200,000 is provided for the purchase of twenty acres of land for development of affordable housing. The remaining $1,300,000 is provided for the county's purchase of mobile home parks in order to reduce the use of the accident potential zone for residential purposes. If the county subsequently rezones, develops, and leases the mobile home park property for commercial or industrial uses, the county must repay to the state the $1,300,000 appropriation in its entirety within ten years.
(8) The appropriation is provided solely for the following list of projects:
AHCC reclaimed water project.................................................... $709,000
Appleway trail........................................................................... $1,000,000
Basin 3 sewer rehabilitation center............................................ $1,000,000
Bellevue downtown park inspiration playground and sensory
garden................................................................................... $500,000
Bender fields parking lot and restrooms.................................... $1,000,000
Blackhills community soccer complex safety projects................ $750,000
Bremerton children's dental clinic................................................ $396,000
Brewster reservoir replacement project..................................... $1,000,000
Brookville gardens community park improvements................. $1,200,000
Camas-Washougal Babe Ruth youth baseball improve Louis
Bloch park.............................................................................. $10,000
Cancer immunotherapy facility-Seattle children's research
institute.............................................................................. $5,000,000
Caribou trail apartments............................................................... $100,000
Carnegie improvements for the rapid recidivism reduction
program.............................................................................. $1,000,000
Cascade mental health care evaluation and treatment
unit..................................................................................... $2,992,000
Cavalero park - Region park facility/skateboard park.................. $500,000
CDM caregiving services: Clark county aging care resource
center.................................................................................... $900,000
Centerville school heating upgrades............................................... $46,000
Chambers creek regional park pier extension and moorage...... $2,500,000
City of Lynden-riverview road construction................................ $850,000
City of Lynden-safe routes to school and Kaemingk
trail gap elimination.............................................................. $300,000
City of Mt. Vernon downtown flood protect project &
riverfront trail.................................................................... $1,500,000
City of Pateros water system..................................................... $1,500,000
City of Stanwood police station/city hall relocation.................... $300,000
Confluence area parks upgrade and restoration......................... $1,000,000
Covington community park....................................................... $2,000,000
Critical roof repair - Edmonds center for the arts
(ECA) gym........................................................................... $250,000
Cross park, Pierce county............................................................. $500,000
Dawson place child advocacy center building completion
project................................................................................... $161,000
DeKalb street pier......................................................................... $500,000
DNR/City of Castle Rock exchange............................................... $80,000
Drug abuse prevention center......................................................... $96,000
DuPont historical museum renovation........................................... $46,000
East Tacoma Community Center............................................... $1,000,000
Emergency generator for kidney resource center......................... $226,000
Enumclaw expo center................................................................. $350,000
Fairchild air force base protection & community
empowerment project........................................................ $1,500,000
Federal Way performing arts and conference center................. $2,000,000
Franklin Pierce early learning center......................................... $2,000,000
Gateway center project................................................................. $900,000
Gratzer park ball fields................................................................. $200,000
Grays Harbor navigation improvement project......................... $2,000,000
Green river gorge open space buffer, Kummer connection......... $750,000
Guy Cole center revitalization...................................................... $450,000
Haggis museum & colonary institute........................................ $1,000,000
Historic renovation of stucco and roofs........................................ $300,000
Hopelink at ronald commons........................................................ $750,000
Institute of blue tarp research.................................................... $1,968,000
Irvine slough stormwater separation............................................ $500,000
Kahlotus highway sewer force main......................................... $2,750,000
Key Pen civics center..................................................................... $50,000
KiBe high school parking............................................................. $125,000
Kitsap humane society - shelter renovation.................................... $90,000
Lacey boys & girls club.................................................................. $29,000
Life support............................................................................... $1,250,000
Main street revitalization project............................................... $1,000,000
Martin Luther King Jr. family outreach center expansion
project..................................................................................... $85,000
Mercer arena energy savings & sustainability funding................ $450,000
Meridian center for health......................................................... $2,250,000
Minor road water reservoir replacement................................... $1,500,000
Mt. Spokane guest services building &
preservation/maintenance of existing facilities.................... $520,000
Nonshellfish natural resource investments................................ $1,000,000
North Kitsap fishline food bank................................................... $750,000
Onalaska community tennis and sports courts............................... $80,000
Opera house ADA access............................................................. $356,000
PCAF's building for the future..................................................... $350,000
Pe Ell second street....................................................................... $197,000
Phinney neighborhood association accessibility project.............. $750,000
Pike place market front project..................................................... $800,000
Police station security/hardening.................................................... $38,000
Port of Centralia-Centralia station................................................ $500,000
PROVAIL TBI residential facility............................................... $450,000
Renovate senior center................................................................. $400,000
Rochester boys & girls club........................................................... $38,000
Rockford treatment facility improvements project....................... $600,000
Roslyn renaissance-NW improve company building renovation
project................................................................................... $500,000
S 228th street interurban trail connector...................................... $500,000
Sammamish rowing association boathouse.................................. $500,000
SE 240th St. watermain system improvement project.................. $700,000
Seattle theatre group..................................................................... $131,000
Sentinel way restoration............................................................... $450,000
Snohomish veterans memorial rebuild........................................... $10,000
South sound shoreline and heritage protection............................. $900,000
Splash pad/foundation: Centralia outdoor pool restoration
project................................................................................... $200,000
Springbrook park neighborhood connection project.................... $300,000
SR 532 flood berm and bike/pedestrian path................................. $85,000
St. Vincent food bank & community services construction
project................................................................................... $400,000
Sunset neighborhood park......................................................... $2,000,000
The gathering house job training café............................................ $14,000
The salvation army Clark county: Corps community center..... $1,200,000
Tulalip water pipeline................................................................ $3,000,000
Twin bridges historical museum facility rehabilitation.................. $62,000
Twisp civic building..................................................................... $500,000
Veterans center............................................................................. $600,000
Washington green schools............................................................ $105,000
Washougal senior/community center roof/HVAC replace &
kitchen improvements.......................................................... $300,000
Water meter and system improvement program.......................... $500,000
White river restoration project...................................................... $850,000
Willapa behavioral health safety improvement project.................. $75,000
Yakima children's museum center.................................................. $50,000
Yelm community center............................................................... $500,000
Yelm senior center.......................................................................... $80,000
TOTAL.................................................................................... $76,500,000
Appropriation:
State Building Construction Account—State.................. $76,500,000
Prior Biennia (Expenditures)........................................................... $0
Future Biennia (Projected Costs)..................................................... $0
TOTAL.................................................... $76,500,000
NEW SECTION. Sec. 1048. FOR THE DEPARTMENT OF COMMERCE
Energy Efficiency Grants for Local Governments (91000241)
The reappropriation in this section is subject to the following conditions and limitations: The reappropriation is subject to the provisions of section 301, chapter 1, Laws of 2012 2nd sp. sess.
Reappropriation:
State Building Construction Account—State.................... $1,732,000
Prior Biennia (Expenditures)........................................... $16,268,000
Future Biennia (Projected Costs)..................................................... $0
TOTAL.................................................... $18,000,000
NEW SECTION. Sec. 1049. FOR THE DEPARTMENT OF COMMERCE
Energy Efficiency Grants for Higher Education (91000242)
The reappropriation in this section is subject to the following conditions and limitations: The reappropriation is subject to the provisions of section 307, chapter 1, Laws of 2012 2nd sp. sess.
Reappropriation:
State Building Construction Account—State.................... $5,077,000
Prior Biennia (Expenditures)........................................... $14,923,000
Future Biennia (Projected Costs)..................................................... $0
TOTAL.................................................... $20,000,000
NEW SECTION. Sec. 1050. FOR THE DEPARTMENT OF COMMERCE
Public Works Pre-Construction Loan Program (91000319)
Reappropriation:
Public Works Assistance Account—State............................ $767,000
Prior Biennia (Expenditures)............................................. $2,233,000
Future Biennia (Projected Costs)..................................................... $0
TOTAL...................................................... $3,000,000
NEW SECTION. Sec. 1051. FOR THE DEPARTMENT OF COMMERCE
Housing for Families with Children (91000409)
The reappropriation in this section is subject to the following conditions and limitations: The reappropriation is subject to the provisions of section 310, chapter 1, Laws of 2012 2nd sp. sess.
Reappropriation:
State Taxable Building Construction Account—State...... $2,472,000
Prior Biennia (Expenditures)............................................. $5,778,000
Future Biennia (Projected Costs)..................................................... $0
TOTAL...................................................... $8,250,000
NEW SECTION. Sec. 1052. FOR THE DEPARTMENT OF COMMERCE
Housing for Seniors and People with Physical Disabilities (91000411)
The reappropriation in this section is subject to the following conditions and limitations: The reappropriation is subject to the provisions of section 311, chapter 1, Laws of 2012 2nd sp. sess.
Reappropriation:
State Taxable Building Construction Account—State...... $4,350,000
Prior Biennia (Expenditures)............................................. $5,316,000
Future Biennia (Projected Costs)..................................................... $0
TOTAL...................................................... $9,666,000
NEW SECTION. Sec. 1053. FOR THE DEPARTMENT OF COMMERCE
Housing for People with Chronic Mental Illness (91000412)
The reappropriation in this section is subject to the following conditions and limitations: The reappropriation is subject to the provisions of section 1010, chapter 2, Laws of 2012 2nd sp. sess.
Reappropriation:
State Taxable Building Construction Account—State......... $190,000
Prior Biennia (Expenditures)................................................ $935,000
Future Biennia (Projected Costs)..................................................... $0
TOTAL...................................................... $1,125,000
NEW SECTION. Sec. 1054. FOR THE DEPARTMENT OF COMMERCE
Housing for the Homeless (91000413)
The reappropriation in this section is subject to the following conditions and limitations: The reappropriation is subject to the provisions of section 1011, chapter 2, Laws of 2012 2nd sp. sess.
Reappropriation:
State Taxable Building Construction Account—State...... $5,996,000
Prior Biennia (Expenditures)........................................... $22,948,000
Future Biennia (Projected Costs)..................................................... $0
TOTAL.................................................... $28,944,000
NEW SECTION. Sec. 1055. FOR THE DEPARTMENT OF COMMERCE
Housing for Farmworkers (91000414)
The reappropriation in this section is subject to the following conditions and limitations: The reappropriation is subject to the provisions of section 1012, chapter 2, Laws of 2012 2nd sp. sess.
Reappropriation:
State Taxable Building Construction Account—State...... $5,160,000
Prior Biennia (Expenditures)............................................. $1,055,000
Future Biennia (Projected Costs)..................................................... $0
TOTAL...................................................... $6,215,000
NEW SECTION. Sec. 1056. FOR THE DEPARTMENT OF COMMERCE
Housing for People At Risk of Homelessness (91000415)
The reappropriation in this section is subject to the following conditions and limitations: The reappropriation is subject to the provisions of section 312, chapter 1, Laws of 2012 2nd sp. sess.
Reappropriation:
State Taxable Building Construction Account—State......... $959,000
Prior Biennia (Expenditures)............................................. $1,541,000
Future Biennia (Projected Costs)..................................................... $0
TOTAL...................................................... $2,500,000
NEW SECTION. Sec. 1057. FOR THE DEPARTMENT OF COMMERCE
Housing for Low-Income Households (91000416)
The reappropriation in this section is subject to the following conditions and limitations: The reappropriation is subject to the provisions of section 1013, chapter 2, Laws of 2012 2nd sp. sess.
Reappropriation:
State Taxable Building Construction Account—State...... $2,689,000
Prior Biennia (Expenditures)................................................ $293,000
Future Biennia (Projected Costs)..................................................... $0
TOTAL...................................................... $2,982,000
NEW SECTION. Sec. 1058. FOR THE DEPARTMENT OF COMMERCE
2012 Local and Community Projects (91000417)
The reappropriation in this section is subject to the following conditions and limitations: The reappropriation is subject to the provisions of section 302, chapter 1, Laws of 2012 2nd sp. sess.
Reappropriation:
State Building Construction Account—State.................... $1,889,000
Prior Biennia (Expenditures)............................................. $7,734,000
Future Biennia (Projected Costs)..................................................... $0
TOTAL...................................................... $9,623,000
NEW SECTION. Sec. 1059. FOR THE DEPARTMENT OF COMMERCE
Local and Community Projects 2012 (91000437)
The reappropriation in this section is subject to the following conditions and limitations: The reappropriation is subject to the provisions of section 1003, chapter 2, Laws of 2012 2nd sp. sess.
Reappropriation:
State Taxable Building Construction Account—State...... $1,800,000
Prior Biennia (Expenditures)............................................. $1,035,000
Future Biennia (Projected Costs)..................................................... $0
TOTAL...................................................... $2,835,000
NEW SECTION. Sec. 1060. FOR THE DEPARTMENT OF COMMERCE
Pacific Medical Center (91000445)
The appropriation in this section is subject to the following conditions and limitations: The appropriation in this section is provided solely for window repair, replacement, and weatherization, or for tenant improvements at Pacific tower made or provided on behalf of Seattle College district.
Reappropriation:
State Taxable Building Construction Account—State...... $2,405,000
State Building Construction Account—State.................... $9,818,000
Subtotal Reappropriation......................... $12,223,000
Appropriation:
State Building Construction Account—State.................... $6,000,000
Prior Biennia (Expenditures)............................................. $7,777,000
Future Biennia (Projected Costs)..................................................... $0
TOTAL.................................................... $26,000,000
NEW SECTION. Sec. 1061. FOR THE DEPARTMENT OF COMMERCE
Sand Point Building 9 (91000446)
The reappropriation in this section is subject to the following conditions and limitations: The reappropriation is subject to the provisions of section 1068, chapter 19, Laws of 2013 2nd sp. sess.
Reappropriation:
State Taxable Building Construction Account—State...... $9,802,000
Prior Biennia (Expenditures)............................................. $4,198,000
Future Biennia (Projected Costs)..................................................... $0
TOTAL.................................................... $14,000,000
NEW SECTION. Sec. 1062. FOR THE DEPARTMENT OF COMMERCE
Mental Health Beds (91000447)
The reappropriation in this section is subject to the following conditions and limitations: The reappropriation is subject to the provisions of section 1071, chapter 19, Laws of 2013 2nd sp. sess.
Reappropriation:
State Building Construction Account—State.................... $3,644,000
Prior Biennia (Expenditures)............................................. $1,356,000
Future Biennia (Projected Costs)..................................................... $0
TOTAL...................................................... $5,000,000
NEW SECTION. Sec. 1063. FOR THE DEPARTMENT OF COMMERCE
Housing for Homeless Veterans (91000455)
The reappropriation in this section is subject to the following conditions and limitations: The reappropriation is subject to the provisions of section 1065, chapter 19, Laws of 2013 2nd sp. sess.
Reappropriation:
State Taxable Building Construction Account—State...... $9,001,000
Prior Biennia (Expenditures)................................................ $366,000
Future Biennia (Projected Costs)..................................................... $0
TOTAL...................................................... $9,367,000
NEW SECTION. Sec. 1064. FOR THE DEPARTMENT OF COMMERCE
Housing for Farmworkers (91000457)
The reappropriation in this section is subject to the following conditions and limitations: The reappropriation is subject to the provisions of section 1066, chapter 19, Laws of 2013 2nd sp. sess.
Reappropriation:
State Taxable Building Construction Account—State.... $19,723,000
Prior Biennia (Expenditures)............................................. $7,327,000
Future Biennia (Projected Costs)..................................................... $0
TOTAL.................................................... $27,050,000
NEW SECTION. Sec. 1065. FOR THE DEPARTMENT OF COMMERCE
Housing for People with Developmental Disabilities (91000458)
The reappropriation in this section is subject to the following conditions and limitations: The reappropriation is subject to the provisions of section 1067, chapter 19, Laws of 2013 2nd sp. sess.
Reappropriation:
State Taxable Building Construction Account—State...... $6,392,000
Prior Biennia (Expenditures)............................................. $2,627,000
Future Biennia (Projected Costs)..................................................... $0
TOTAL...................................................... $9,019,000
NEW SECTION. Sec. 1066. FOR THE DEPARTMENT OF COMMERCE
Housing for People with Chronic Mental Illness (91000459)
Reappropriation:
State Taxable Building Construction Account—State...... $5,735,000
Prior Biennia (Expenditures)................................................ $329,000
Future Biennia (Projected Costs)..................................................... $0
TOTAL...................................................... $6,064,000
NEW SECTION. Sec. 1067. FOR THE DEPARTMENT OF COMMERCE
Public Works Assistance Account Project Backfill (91000581)
Reappropriation:
State Building Construction Account—State.................... $3,263,000
Prior Biennia (Expenditures)......................................... $154,737,000
Future Biennia (Projected Costs)..................................................... $0
TOTAL.................................................. $158,000,000
NEW SECTION. Sec. 1068. FOR THE DEPARTMENT OF COMMERCE
Clean Energy and Energy Freedom Program (91000582)
The reappropriations in this section are subject to the following conditions and limitations: The reappropriations are subject to the provisions of section 1074, chapter 19, Laws of 2013 2nd sp. sess.
Reappropriation:
Energy Recovery Act Account—State.............................. $4,000,000
State Taxable Building Construction Account—State...... $8,924,000
State Building Construction Account—State.................. $19,069,000
Subtotal Reappropriation......................... $31,993,000
Prior Biennia (Expenditures)............................................. $8,007,000
Future Biennia (Projected Costs)..................................................... $0
TOTAL.................................................... $40,000,000
NEW SECTION. Sec. 1069. FOR THE DEPARTMENT OF COMMERCE
Innovation Partnership Zones - Facilities and Infrastructure (92000089)
The reappropriation in this section is subject to the following conditions and limitations: The reappropriation is subject to the provisions of section 309, chapter 1, Laws of 2012 2nd sp. sess.
Reappropriation:
State Building Construction Account—State.................... $3,725,000
Prior Biennia (Expenditures)............................................. $9,795,000
Future Biennia (Projected Costs)..................................................... $0
TOTAL.................................................... $13,520,000
NEW SECTION. Sec. 1070. FOR THE DEPARTMENT OF COMMERCE
Community Economic Revitalization Board Administered Economic Development, Innovation, and Export Grants (92000096)
The reappropriations in this section are subject to the following conditions and limitations: The reappropriations are subject to the provisions of section 304, chapter 1, Laws of 2012 2nd sp. sess.
Reappropriation:
State Building Construction Account—State.................... $4,267,000
Public Works Assistance Account—State....................... $14,595,000
Subtotal Reappropriation......................... $18,862,000
Prior Biennia (Expenditures)........................................... $13,736,000
Future Biennia (Projected Costs)..................................................... $0
TOTAL.................................................... $32,598,000
NEW SECTION. Sec. 1071. FOR THE DEPARTMENT OF COMMERCE
Main Street Improvement Grants (92000098)
The reappropriations in this section are subject to the following conditions and limitations: The reappropriations are subject to the provisions of section 305, chapter 1, Laws of 2012 2nd sp. sess.
Reappropriation:
Public Works Assistance Account—State............................ $355,000
State Building Construction Account—State.................... $3,115,000
Subtotal Reappropriation........................... $3,470,000
Prior Biennia (Expenditures)........................................... $11,380,000
Future Biennia (Projected Costs)..................................................... $0
TOTAL.................................................... $14,850,000
NEW SECTION. Sec. 1072. FOR THE DEPARTMENT OF COMMERCE
Brownfield Redevelopment Grants (92000100)
The reappropriation in this section is subject to the following conditions and limitations: The reappropriation in this section is provided solely for redevelopment of the Bellingham waterfront.
Reappropriation:
Local Toxics Control Account—State.............................. $1,194,000
Prior Biennia (Expenditures)................................................ $306,000
Future Biennia (Projected Costs)..................................................... $0
TOTAL...................................................... $1,500,000
NEW SECTION. Sec. 1073. FOR THE DEPARTMENT OF COMMERCE
Port and Export Related Infrastructure (92000102)
The reappropriation in this section is subject to the following conditions and limitations: The reappropriation is subject to the provisions of section 306, chapter 1, Laws of 2012 2nd sp. sess.
Reappropriation:
State Building Construction Account—State.................. $13,603,000
Prior Biennia (Expenditures)........................................... $19,547,000
Future Biennia (Projected Costs)..................................................... $0
TOTAL.................................................... $33,150,000
NEW SECTION. Sec. 1074. FOR THE DEPARTMENT OF COMMERCE
Projects for Jobs and Economic Development (92000151)
The reappropriations in this section are subject to the following conditions and limitations: The reappropriations are subject to the provisions of section 1077, chapter 19, Laws of 2013 2nd sp. sess.
Reappropriation:
Public Facility Construction Loan Revolving
Account—State.......................................................... $7,100,000
State Building Construction Account—State.................. $22,256,000
Subtotal Reappropriation......................... $29,356,000
Prior Biennia (Expenditures)............................................. $7,753,000
Future Biennia (Projected Costs)..................................................... $0
TOTAL.................................................... $37,109,000
NEW SECTION. Sec. 1075. FOR THE DEPARTMENT OF COMMERCE
Projects that Strengthen Youth and Families (92000227)
The reappropriation in this section is subject to the following conditions and limitations: The reappropriation is subject to the provisions of section 1079, chapter 19, Laws of 2013 2nd sp. sess.
Reappropriation:
State Building Construction Account—State.................. $12,695,000
Prior Biennia (Expenditures)............................................. $6,982,000
Future Biennia (Projected Costs)..................................................... $0
TOTAL.................................................... $19,677,000
NEW SECTION. Sec. 1076. FOR THE DEPARTMENT OF COMMERCE
Projects that Strengthen Communities and Quality of Life (92000230)
The reappropriations in this section are subject to the following conditions and limitations: The reappropriations are subject to the provisions of section 1078, chapter 19, Laws of 2013 2nd sp.s. and section 6006 of this act.
Reappropriation:
Environmental Legacy Stewardship Account—State.......... $395,000
State Building Construction Account—State.................. $22,372,000
Subtotal Reappropriation......................... $22,767,000
Prior Biennia (Expenditures)............................................. $9,361,000
Future Biennia (Projected Costs)..................................................... $0
TOTAL.................................................... $32,128,000
NEW SECTION. Sec. 1077. FOR THE OFFICE OF FINANCIAL MANAGEMENT
Cowlitz River Dredging (20082856)
Reappropriation:
State Building Construction Account—State....................... $246,000
Prior Biennia (Expenditures)............................................. $1,254,000
Future Biennia (Projected Costs)..................................................... $0
TOTAL...................................................... $1,500,000
NEW SECTION. Sec. 1078. FOR THE OFFICE OF FINANCIAL MANAGEMENT
Catastrophic Flood Relief (20084850)
The appropriation in this section is subject to the following conditions and limitations:
(1) Up to $26,800,000 of the appropriation is for advancing the long-term strategy for the Chehalis Basin projects to reduce flood damage and restore aquatic species including a programmatic environmental impact statement, data collection, engineering design of future construction projects, feasibility analysis, and engagement of state agencies, tribes, and other parties.
(2) Up to $23,200,000 of the appropriation is for construction of local priority flood protection and habitat restoration projects.
(3) Up to one percent of the appropriation provided in this section may be used by the recreation and conservation office to administer contracts associated with the subprojects funded through this section. Contract administration includes, but is not limited to: Drafting and amending contracts, reviewing and approving invoices, tracking expenditures, and performing field inspections to assess project status when conducting similar assessments related to other agency contracts in the same geographic area.
Reappropriation:
State Building Construction Account—State.................. $12,484,000
Appropriation:
State Building Construction Account—State.................. $50,000,000
Prior Biennia (Expenditures)........................................... $25,203,000
Future Biennia (Projected Costs)................................... $120,000,000
TOTAL.................................................. $207,687,000
NEW SECTION. Sec. 1079. FOR THE OFFICE OF FINANCIAL MANAGEMENT
Office of Financial Management Capital Budget Staff (30000045)
Appropriation:
State Building Construction Account—State.................... $1,000,000
Prior Biennia (Expenditures)........................................................... $0
Future Biennia (Projected Costs)....................................... $4,000,000
TOTAL...................................................... $5,000,000
NEW SECTION. Sec. 1080. FOR THE OFFICE OF FINANCIAL MANAGEMENT
Oversight of State Facilities (30000046)
The appropriations in this section are subject to the following conditions and limitations:
(1) The office of financial management, with assistance from the department of enterprise services and other state agencies as needed, shall conduct space studies and make recommendations to the legislature on the state's space standards including alternative workplace strategies. State agencies shall provide space use data in a format prescribed by the office of financial management to support this effort. The office of financial management shall report the results and recommendations to the legislative fiscal committees by July 1, 2016.
(2) The office of financial management, with assistance from the department of enterprise services and other state agencies as needed, shall update the lease space requirements to reflect high performance building standards and any other components that may improve the conditions of leased space.
Appropriation:
State Building Construction Account—State.................... $1,040,000
Thurston County Capital Facilities Account—State......... $1,120,000
Subtotal Appropriation.............................. $2,160,000
Prior Biennia (Expenditures)........................................................... $0
Future Biennia (Projected Costs)..................................................... $0
TOTAL...................................................... $2,160,000
NEW SECTION. Sec. 1081. FOR THE OFFICE OF FINANCIAL MANAGEMENT
Construction Contingency Pool (90000300)
The appropriation in this section is subject to the following conditions and limitations: The appropriation in this section is provided solely for construction projects that confront emergent and unavoidable costs in excess of the construction contingency included in the project appropriation. For requests occurring during a legislative session, an agency must notify the legislative fiscal committees before requesting contingency funds from the office of financial management. Eligible agencies that may apply to the pool include higher education institutions, the department of corrections, the department of social and health services, the department of enterprise services, the criminal justice training commission, the department of veterans affairs, and the department of fish and wildlife. Eligible construction projects are only projects that had cost reductions as kept on file with the office of financial management. The office of financial management must notify the legislative evaluation and accountability program committee, the house capital budget committee, and senate ways and means committee as projects are approved for funding.
Appropriation:
State Building Construction Account—State.................... $5,000,000
Prior Biennia (Expenditures)........................................................... $0
Future Biennia (Projected Costs)..................................................... $0
TOTAL...................................................... $5,000,000
NEW SECTION. Sec. 1082. FOR THE OFFICE OF FINANCIAL MANAGEMENT
Emergency Repairs (90000301)
The appropriation in this section is subject to the following conditions and limitations: Emergency repair funding is provided solely to address unexpected building or grounds failures that will impact public health and safety and the day-to-day operations of the facility. To be eligible for funds from the emergency repair pool, an emergency declaration signed by the affected agency director must be submitted to the office of financial management and the appropriate legislative fiscal committees. The emergency declaration must include a description of the health and safety hazard, the possible cause, the proposed scope of emergency repair work and related cost estimate, and identification of other funding that may be applied to the project. For emergencies occurring during a legislative session, an agency must notify the legislative fiscal committees before requesting emergency funds from the office of financial management. The office of financial management must notify the legislative evaluation and accountability program committee, the house capital budget committee, and senate ways and means committee as emergency projects are approved for funding.
Appropriation:
State Building Construction Account—State.................... $5,000,000
Prior Biennia (Expenditures)........................................................... $0
Future Biennia (Projected Costs)..................................................... $0
TOTAL...................................................... $5,000,000
NEW SECTION. Sec. 1083. FOR THE OFFICE OF FINANCIAL MANAGEMENT
Emergency Repair Pool for K-12 Public Schools (90000302)
The appropriation in this section is subject to the following conditions and limitations: Emergency repair funding is provided solely to address unexpected and imminent health and safety hazards at K-12 public schools, including skill centers, that will impact the day-to-day operations of the school facility. To be eligible for funds from the emergency repair pool, an emergency declaration must be signed by the school district board of directors and the superintendent of public instruction, and submitted to the office of financial management for consideration. The emergency declaration must include a description of the imminent health and safety hazard, the possible cause, the proposed scope of emergency repair work and related cost estimate, and identification of local funding to be applied to the project. Grants of emergency repair moneys must be conditioned upon the written commitment and plan of the school district board of directors to repay the grant with any insurance payments or other judgments that may be awarded, if applicable. The office of financial management must notify the legislative evaluation and accountability program committee, the house capital budget committee, and the senate ways and means committee as emergency projects are approved for funding.
Appropriation:
Common School Construction Account—State................ $5,000,000
Prior Biennia (Expenditures)........................................................... $0
Future Biennia (Projected Costs)..................................................... $0
TOTAL...................................................... $5,000,000
NEW SECTION. Sec. 1084. FOR THE OFFICE OF FINANCIAL MANAGEMENT
Chehalis River Basin Flood Relief Projects (91000398)
Reappropriation:
State Building Construction Account—State....................... $206,000
Prior Biennia (Expenditures)............................................. $4,794,000
Future Biennia (Projected Costs)..................................................... $0
TOTAL...................................................... $5,000,000
NEW SECTION. Sec. 1085. FOR THE OFFICE OF FINANCIAL MANAGEMENT
Higher Education Preservation Information (91000427)
The reappropriations in this section are subject to the following conditions and limitations: The reappropriations are subject to the provisions of section 6007 of this act.
Reappropriation:
University of Washington Building Account—State........... $116,000
Washington State University Building
Account—State............................................................... $85,000
Eastern Washington University Capital Projects
Account—State............................................................... $21,000
Central Washington University Capital Projects
Account—State............................................................... $17,000
The Evergreen State College Capital Projects
Account—State............................................................... $12,000
Western Washington University Capital Projects
Account—State............................................................... $19,000
Subtotal Reappropriation.............................. $270,000
Prior Biennia (Expenditures)........................................................... $0
Future Biennia (Projected Costs)..................................................... $0
TOTAL......................................................... $270,000
NEW SECTION. Sec. 1086. FOR THE OFFICE OF FINANCIAL MANAGEMENT
Construction Contingency Pool (91000428)
The reappropriation in this section is subject to the following conditions and limitations: The reappropriation is subject to the provisions of section 1091, chapter 19, Laws of 2013 2nd sp. sess.
Reappropriation:
State Building Construction Account—State.................... $1,875,000
Prior Biennia (Expenditures)........................................................... $0
Future Biennia (Projected Costs)..................................................... $0
TOTAL...................................................... $1,875,000
NEW SECTION. Sec. 1087. FOR THE OFFICE OF FINANCIAL MANAGEMENT
Culverts in Three State Agencies (92000004)
Reappropriation:
State Building Construction Account—State.................... $4,516,000
Prior Biennia (Expenditures)............................................. $2,484,000
Future Biennia (Projected Costs)..................................................... $0
TOTAL...................................................... $7,000,000
NEW SECTION. Sec. 1088. FOR THE DEPARTMENT OF ENTERPRISE SERVICES
East Plaza - Water Infiltration and Elevator Repairs (30000548)
Reappropriation:
State Building Construction Account—State....................... $500,000
Prior Biennia (Expenditures)............................................. $2,603,000
Future Biennia (Projected Costs)..................................................... $0
TOTAL...................................................... $3,103,000
NEW SECTION. Sec. 1089. FOR THE DEPARTMENT OF ENTERPRISE SERVICES
NRB Garage Fire Suppression System Repairs (30000578)
Reappropriation:
State Building Construction Account—State....................... $500,000
Prior Biennia (Expenditures)............................................. $1,738,000
Future Biennia (Projected Costs)..................................................... $0
TOTAL...................................................... $2,238,000
NEW SECTION. Sec. 1090. FOR THE DEPARTMENT OF ENTERPRISE SERVICES
Minor Works Preservation (30000635)
Reappropriation:
State Building Construction Account—State.................... $1,477,000
Thurston County Capital Facilities Account—State............ $501,000
Subtotal Reappropriation........................... $1,978,000
Prior Biennia (Expenditures)............................................. $2,050,000
Future Biennia (Projected Costs)..................................................... $0
TOTAL...................................................... $4,028,000
NEW SECTION. Sec. 1091. FOR THE DEPARTMENT OF ENTERPRISE SERVICES
Minor Works Preservation (30000722)
The appropriations in this section are subject to the following conditions and limitations: No minor works funds may be allotted until a parking strategy is completed. Up to $300,000 of the appropriation in this section is provided for the department to develop a capitol campus parking strategy. The strategy must include: (1) During the legislative sessions a reduction of agency reserve stalls from twenty-six percent to fifteen percent as recommended by the 2014 state of Washington parking and transportation study; (2) incorporating parking attendants or parking arms to accept payment for campus parking during the legislative sessions; (3) install at least two electronic boards that show the available parking capacity in the east plaza garage. The department shall report to all fiscal committees on its progress by November 1, 2015.
Appropriation:
Thurston County Capital Facilities Account—State............ $850,000
State Building Construction Account—State.................... $9,002,000
State Vehicle Parking Account—State................................. $300,000
Subtotal Appropriation............................ $10,152,000
Prior Biennia (Expenditures)........................................................... $0
Future Biennia (Projected Costs)..................................... $19,000,000
TOTAL.................................................... $29,152,000
NEW SECTION. Sec. 1092. FOR THE DEPARTMENT OF ENTERPRISE SERVICES
Old Capitol - Exterior and Interior Repairs (30000724)
Appropriation:
Thurston County Capital Facilities Account—State......... $1,500,000
State Building Construction Account—State.................... $1,500,000
Subtotal Appropriation.............................. $3,000,000
Prior Biennia (Expenditures)........................................................... $0
Future Biennia (Projected Costs)..................................................... $0
TOTAL...................................................... $3,000,000
NEW SECTION. Sec. 1093. FOR THE DEPARTMENT OF ENTERPRISE SERVICES
West Campus Historic Buildings Exterior Preservation (30000727)
Appropriation:
State Building Construction Account—State.................... $2,000,000
Prior Biennia (Expenditures)........................................................... $0
Future Biennia (Projected Costs)..................................................... $0
TOTAL...................................................... $2,000,000
NEW SECTION. Sec. 1094. FOR THE DEPARTMENT OF ENTERPRISE SERVICES
East Plaza - Structure and Elevator Repairs (30000717)
Appropriation:
State Building Construction Account—State.................... $8,239,000
Prior Biennia (Expenditures)........................................................... $0
Future Biennia (Projected Costs)..................................... $27,442,000
TOTAL.................................................... $35,681,000
NEW SECTION. Sec. 1095. FOR THE DEPARTMENT OF ENTERPRISE SERVICES
Campus Utility Repairs - Sunken Garden to General Administration (30000731)
Appropriation:
State Building Construction Account—State.................... $5,569,000
Prior Biennia (Expenditures)........................................................... $0
Future Biennia (Projected Costs)..................................... $18,661,000
TOTAL.................................................... $24,230,000
NEW SECTION. Sec. 1096. FOR THE DEPARTMENT OF ENTERPRISE SERVICES
Capitol Campus Heating Systems Repairs - Phase 1 (30000730)
The appropriation in this section is subject to the following conditions and limitations: The appropriation in this section is provided solely for the department to competitively contract an energy audit on the capitol campus steam system. The audit must consider converting to centralized hot water boilers and using a heat recovery power system.
Appropriation:
Thurston County Capital Facilities Account—State............ $500,000
Prior Biennia (Expenditures)........................................................... $0
Future Biennia (Projected Costs)..................................................... $0
TOTAL......................................................... $500,000
NEW SECTION. Sec. 1097. FOR THE DEPARTMENT OF ENTERPRISE SERVICES
Capitol Campus Critical Network Standardization and Connectivity (30000732)
The appropriation in this section is subject to the following conditions and limitations: The appropriation in this section is provided solely for installing any remaining building meters as needed on the capitol campus, and providing building performance data electronically. Dashboard displays must be installed in the three legislative buildings.
Appropriation:
Thurston County Capital Facilities Account—State............ $250,000
Prior Biennia (Expenditures)........................................................... $0
Future Biennia (Projected Costs)..................................................... $0
TOTAL......................................................... $250,000
NEW SECTION. Sec. 1098. FOR THE DEPARTMENT OF ENTERPRISE SERVICES
Campus Physical Security & Safety Improvements (30000728)
Appropriation:
State Building Construction Account—State.................... $4,000,000
Prior Biennia (Expenditures)........................................................... $0
Future Biennia (Projected Costs)..................................................... $0
TOTAL...................................................... $4,000,000
NEW SECTION. Sec. 1099. FOR THE DEPARTMENT OF ENTERPRISE SERVICES
Capitol Court Major Exterior and Building Systems Renewal (30000738)
The appropriation in this section is provided solely for development of a plan that identifies the existing building deficiencies and recommended project specific improvements with cost estimates to be completed as funding becomes available. Urgent repairs to this building will be prioritized against the other projects in the department of enterprise services' minor works project list.
Appropriation:
Enterprise Services Account—State..................................... $150,000
Prior Biennia (Expenditures)........................................................... $0
Future Biennia (Projected Costs)....................................... $1,220,000
TOTAL...................................................... $1,370,000
NEW SECTION. Sec. 1100. FOR THE DEPARTMENT OF ENTERPRISE SERVICES
Capitol Lake Long-term Management Planning (30000740)
Appropriation:
Enterprise Services Account—State..................................... $100,000
Prior Biennia (Expenditures)........................................................... $0
Future Biennia (Projected Costs)..................................................... $0
TOTAL......................................................... $100,000
NEW SECTION. Sec. 1101. FOR THE DEPARTMENT OF ENTERPRISE SERVICES
Engineering and Architectural Services: Staffing (30000762)
(1) The appropriation in this section is provided solely for architectural and engineering services to manage public works contracting for all state facilities pursuant to RCW 43.19.450. The service charge is increased from 2.15 percent to 2.27 percent of total project costs to reduce the number of projects assigned to each manager. The intended results of the increased fee are improved accountability, reduced project delays, and reduced the number and cost of change orders. At the end of each fiscal year, the department must report to the office of financial management and the fiscal committees of the legislature on performance improvements resulting from the increased management fee, including the following:
(a) The number of projects managed by each manager compared to previous biennia;
(b) Projects that were not completed on schedule and the reasons for delays; and
(c) The number and cost of the change orders and the reason for each change order.
(2) The department shall convene a group of private sector architects and contractors with state agency facilities personnel, at a minimum of twice per year, to share at a minimum, information on high performance methods, ideas, operating and maintenance issues, and cost. The facility personnel must be from the community and technical colleges, the four-year institutions of higher education, and any other state agencies that have recently completed a new building or are currently in the construction phase.
(3) The department, with assistance from the capital projects authority review board, shall provide recommendations to the governor, house capital budget committee, and senate ways and means committee, on ways to improve the project delivery methods. It must include, at a minimum, methods to incorporate more architectural and engineering firms and contractors to be eligible for design build projects, and methods for including high performance criteria with incentives for the architectural and engineering firm and contractor to meet the performance measures in design-bid-build project delivery methods.
Appropriation:
State Building Construction Account—State.................... $9,800,000
Thurston County Capital Facilities Account—State......... $3,000,000
Charitable, Educational, Penal, and Reformatory
Institutions Account—State....................................... $2,000,000
Subtotal Appropriation............................ $14,800,000
Prior Biennia (Expenditures)........................................................... $0
Future Biennia (Projected Costs)..................................................... $0
TOTAL.................................................... $14,800,000
NEW SECTION. Sec. 1102. FOR THE DEPARTMENT OF ENTERPRISE SERVICES
NRB Garage Fire Suppression System & Critical Repairs (30000719)
Appropriation:
State Building Construction Account—State.................... $8,077,000
Prior Biennia (Expenditures)........................................................... $0
Future Biennia (Projected Costs)....................................... $1,516,000
TOTAL...................................................... $9,593,000
NEW SECTION. Sec. 1103. FOR THE DEPARTMENT OF ENTERPRISE SERVICES
Campus Building and Grounds Facilities Replacements (30000759)
Appropriation:
State Building Construction Account—State.................... $2,477,000
Prior Biennia (Expenditures)........................................................... $0
Future Biennia (Projected Costs)..................................................... $0
TOTAL...................................................... $2,477,000
NEW SECTION. Sec. 1104. FOR THE DEPARTMENT OF ENTERPRISE SERVICES
Campus Steam System and Chiller Upgrades (91000014)
The reappropriations in this section are subject to the following conditions and limitations: The reappropriations are subject to the provisions of section 1106, chapter 19, Laws of 2013 2nd sp. sess.
Reappropriation:
Thurston County Capital Facilities Account—State......... $1,074,000
State Building Construction Account—State.................... $1,802,000
Subtotal Reappropriation........................... $2,876,000
Prior Biennia (Expenditures)............................................. $1,121,000
Future Biennia (Projected Costs)..................................................... $0
TOTAL...................................................... $3,997,000
NEW SECTION. Sec. 1105. FOR THE DEPARTMENT OF ENTERPRISE SERVICES
Capitol Campus Exterior Lighting Upgrades (30000736)
The appropriation in this section is subject to the following conditions and limitations: The department shall pursue energy services contracts as much as is feasible to provide funding.
Appropriation:
Thurston County Capital Facilities Account—State......... $1,000,000
Prior Biennia (Expenditures)........................................................... $0
Future Biennia (Projected Costs)..................................................... $0
TOTAL...................................................... $1,000,000
NEW SECTION. Sec. 1106. FOR THE DEPARTMENT OF ENTERPRISE SERVICES
Archives Building and Capitol Court HVAC Upgrades (91000015)
The reappropriation in this section is subject to the following conditions and limitations: The reappropriation is subject to the provisions of section 1107, chapter 19, Laws of 2013 2nd sp. sess.
Reappropriation:
State Building Construction Account—State......................... $70,000
Prior Biennia (Expenditures)................................................ $930,000
Future Biennia (Projected Costs)..................................................... $0
TOTAL...................................................... $1,000,000
NEW SECTION. Sec. 1107. FOR THE DEPARTMENT OF ENTERPRISE SERVICES
State Capitol Master Plan (30000760)
The appropriation in this section is subject to the following conditions and limitations:
(1) The appropriation in this section is provided solely for the department to identify potential development sites, and any infrastructure that may be needed for further development.
(2) The department shall provide a list to all fiscal committees of designated parking areas with: (a) Permanent capitol campus FTEs; (b) temporary capitol campus FTEs; (c) state agency reserve spaces; (d) state agency vehicles; (e) state agency motor pool vehicles; and (f) nonstate agency vehicles. The department shall also provide a prioritized list of parking spaces that ranks campus FTEs as the highest priority. Other parking locations in Thurston county may also be considered.
Appropriation:
Thurston County Capital Facilities Account—State............ $250,000
Prior Biennia (Expenditures)........................................................... $0
Future Biennia (Projected Costs)..................................................... $0
TOTAL......................................................... $250,000
NEW SECTION. Sec. 1108. FOR THE DEPARTMENT OF ENTERPRISE SERVICES
Utilities & Transportation Commission Building (91000432)
The appropriations in this section are subject to the following conditions and limitations: The appropriations in this section are provided solely for predesign, which may also serve as bridging documents, design, competition honoraria, project management, and other planning activities including permits. The building must be delivered using design build, as defined by chapter 39.10 RCW with a guarantee for energy, operations, and maintenance performance. The term for performance guarantee must not be less than one year. The state may use state employees for services not related to building performance. Criteria for selecting the design build contractor must include life-cycle costs, energy costs, or energy use index. Contractors, and architectural and engineering firms may be eligible for additional points during the scoring process if they have experience with the state agency, or if they are considered a small business. The building must be built using sustainable building standards as defined in section 7008 of this act. The project will be alternatively financed as authorized in section 7002 of this act.
Appropriation:
Public Service Revolving Account—State........................ $2,000,000
Enterprise Services Account—State.................................. $3,000,000
Subtotal Appropriation.............................. $5,000,000
Prior Biennia (Expenditures)........................................................... $0
Future Biennia (Projected Costs)..................................................... $0
TOTAL...................................................... $5,000,000
NEW SECTION. Sec. 1109. FOR THE DEPARTMENT OF ENTERPRISE SERVICES
1063 Block Replacement (91000016)
The reappropriation in this section is subject to the following conditions and limitations: The reappropriation is subject to the provisions of section 1109, chapter 19, Laws of 2013 2nd sp. sess., except that the building will be alternatively financed as authorized by and subject to the conditions of section 7002 of this act.
Reappropriation:
State Building Construction Account—State.................... $9,138,000
Prior Biennia (Expenditures)............................................. $3,862,000
Future Biennia (Projected Costs)..................................................... $0
TOTAL.................................................... $13,000,000
NEW SECTION. Sec. 1110. FOR THE MILITARY DEPARTMENT
Pierce County Readiness Center (30000593)
Reappropriation:
Military Department Capital Account—State................... $2,758,000
State Building Construction Account—State.................... $3,269,000
General Fund—Federal................................................... $24,876,000
Subtotal Reappropriation......................... $30,903,000
Prior Biennia (Expenditures)............................................. $2,698,000
Future Biennia (Projected Costs)..................................................... $0
TOTAL.................................................... $33,601,000
NEW SECTION. Sec. 1111. FOR THE MILITARY DEPARTMENT
Thurston County Readiness Center (30000594)
The reappropriation and appropriations in this section are subject to the following conditions and limitations: The military department shall transfer title of the Olympia armory to the Thurston county boys and girls club when the Thurston county readiness center is completed.
Reappropriation:
State Building Construction Account—State.................... $2,750,000
Appropriation:
State Building Construction Account—State.................... $7,883,000
General Fund—Federal................................................... $34,207,000
Subtotal Appropriation............................ $42,090,000
Prior Biennia (Expenditures).................................................. $50,000
Future Biennia (Projected Costs)..................................................... $0
TOTAL.................................................... $44,890,000
NEW SECTION. Sec. 1112. FOR THE MILITARY DEPARTMENT
Minor Works Preservation - 2013-2015 Biennium (30000602)
Reappropriation:
State Building Construction Account—State....................... $307,000
General Fund—Federal..................................................... $1,082,000
Subtotal Reappropriation........................... $1,389,000
Prior Biennia (Expenditures)............................................. $3,837,000
Future Biennia (Projected Costs)....................................... $2,500,000
TOTAL...................................................... $7,726,000
NEW SECTION. Sec. 1113. FOR THE MILITARY DEPARTMENT
Minor Works Program - 2013-2015 Biennium (30000605)
Reappropriation:
General Fund—Federal..................................................... $8,893,000
Prior Biennia (Expenditures)............................................. $4,032,000
Future Biennia (Projected Costs)..................................................... $0
TOTAL.................................................... $12,925,000
NEW SECTION. Sec. 1114. FOR THE MILITARY DEPARTMENT
Yakima Training Center Barracks (30000696)
Reappropriation:
General Fund—Federal................................................... $18,000,000
Prior Biennia (Expenditures)........................................................... $0
Future Biennia (Projected Costs)..................................................... $0
TOTAL.................................................... $18,000,000
NEW SECTION. Sec. 1115. FOR THE MILITARY DEPARTMENT
Minor Works Preservation - 2015-2017 Biennium (30000702)
Appropriation:
State Building Construction Account—State.................... $7,267,000
General Fund—Federal................................................... $10,195,000
Subtotal Appropriation............................ $17,462,000
Prior Biennia (Expenditures)........................................................... $0
Future Biennia (Projected Costs)..................................................... $0
TOTAL.................................................... $17,462,000
NEW SECTION. Sec. 1116. FOR THE MILITARY DEPARTMENT
Minor Works Program - 2015-2017 Biennium (30000744)
Appropriation:
State Building Construction Account—State.................... $5,163,000
General Fund—Federal................................................... $15,953,000
Subtotal Appropriation............................ $21,116,000
Prior Biennia (Expenditures)........................................................... $0
Future Biennia (Projected Costs)..................................................... $0
TOTAL.................................................... $21,116,000
NEW SECTION. Sec. 1117. FOR THE MILITARY DEPARTMENT
Montesano Readiness Center Roof Replacement and Tenant Improvements (30000805)
Appropriation:
General Fund—Federal..................................................... $1,500,000
State Building Construction Account—State.................... $3,750,000
Subtotal Appropriation.............................. $5,250,000
Prior Biennia (Expenditures)........................................................... $0
Future Biennia (Projected Costs)..................................................... $0
TOTAL...................................................... $5,250,000
NEW SECTION. Sec. 1118. FOR THE DEPARTMENT OF ARCHAEOLOGY AND HISTORIC PRESERVATION
Historic County Courthouse Grants Program (30000010)
Appropriation:
State Building Construction Account—State.................... $1,500,000
Prior Biennia (Expenditures)........................................................... $0
Future Biennia (Projected Costs)..................................... $10,400,000
TOTAL.................................................... $11,900,000
NEW SECTION. Sec. 1119. FOR THE DEPARTMENT OF ARCHAEOLOGY AND HISTORIC PRESERVATION
Historic Courthouse Preservation Grants (92000001)
Reappropriation:
State Building Construction Account—State.................... $1,696,000
Prior Biennia (Expenditures)................................................ $304,000
Future Biennia (Projected Costs)..................................................... $0
TOTAL...................................................... $2,000,000
NEW SECTION. Sec. 1120. FOR THE DEPARTMENT OF ARCHAEOLOGY AND HISTORIC PRESERVATION
Heritage Barn Preservation Program (92000002)
Reappropriation:
State Building Construction Account—State....................... $256,000
Prior Biennia (Expenditures)................................................ $244,000
Future Biennia (Projected Costs)..................................................... $0
TOTAL......................................................... $500,000
PART 2
HUMAN SERVICES
NEW SECTION. Sec. 2001. FOR THE DEPARTMENT OF SOCIAL AND HEALTH SERVICES
Naselle Youth Camp - Three Cottages: Renovation (20081222)
Reappropriation:
State Building Construction Account—State.................... $1,703,000
Prior Biennia (Expenditures)................................................ $197,000
Future Biennia (Projected Costs)..................................................... $0
TOTAL...................................................... $1,900,000
NEW SECTION. Sec. 2002. FOR THE DEPARTMENT OF SOCIAL AND HEALTH SERVICES
Western State Hospital New Kitchen and Commissary Building (20081319)
Appropriation:
State Building Construction Account—State.................. $27,600,000
Prior Biennia (Expenditures)................................................ $828,000
Future Biennia (Projected Costs)..................................................... $0
TOTAL.................................................... $28,428,000
NEW SECTION. Sec. 2003. FOR THE DEPARTMENT OF SOCIAL AND HEALTH SERVICES
Medical Lake Campus - Laundry Building: New Construction (20082371)
Appropriation:
State Building Construction Account—State....................... $150,000
Prior Biennia (Expenditures)........................................................... $0
Future Biennia (Projected Costs)..................................... $10,100,000
TOTAL.................................................... $10,250,000
NEW SECTION. Sec. 2004. FOR THE DEPARTMENT OF SOCIAL AND HEALTH SERVICES
Minor Works Preservation Projects: Statewide (91000037)
Appropriation:
State Building Construction Account—State.................. $14,100,000
Prior Biennia (Expenditures)........................................................... $0
Future Biennia (Projected Costs)..................................................... $0
TOTAL.................................................... $14,100,000
NEW SECTION. Sec. 2005. FOR THE DEPARTMENT OF SOCIAL AND HEALTH SERVICES
Fircrest School Electrical Service Rehabilitation (30000415)
The appropriation in this section is provided solely for electrical service rehabilitation and improvements on campus. The department of social and health services will also coordinate with the department of health to install a new and separate electrical service for the public health laboratory.
Appropriation:
State Building Construction Account—State.................... $5,200,000
Prior Biennia (Expenditures)........................................................... $0
Future Biennia (Projected Costs)..................................................... $0
TOTAL...................................................... $5,200,000
NEW SECTION. Sec. 2006. FOR THE DEPARTMENT OF SOCIAL AND HEALTH SERVICES
Minor Works Program Projects: Statewide (30001859)
Appropriation:
State Building Construction Account—State....................... $755,000
Prior Biennia (Expenditures)........................................................... $0
Future Biennia (Projected Costs)..................................... $20,000,000
TOTAL.................................................... $20,755,000
NEW SECTION. Sec. 2007. FOR THE DEPARTMENT OF SOCIAL AND HEALTH SERVICES
Minor Works Preservation Projects: Statewide (30002235)
Reappropriation:
State Building Construction Account—State.................... $4,000,000
Prior Biennia (Expenditures)........................................... $10,155,000
Future Biennia (Projected Costs)..................................................... $0
TOTAL.................................................... $14,155,000
NEW SECTION. Sec. 2008. FOR THE DEPARTMENT OF SOCIAL AND HEALTH SERVICES
Child Study and Treatment Center - Orcas: Acute Treatment Addition (30002733)
Appropriation:
State Building Construction Account—State.................... $1,100,000
Prior Biennia (Expenditures)........................................................... $0
Future Biennia (Projected Costs)..................................................... $0
TOTAL...................................................... $1,100,000
NEW SECTION. Sec. 2009. FOR THE DEPARTMENT OF SOCIAL AND HEALTH SERVICES
Western State Hospital - South Hall: Building Systems Replacement (30002735)
Appropriation:
Charitable, Educational, Penal, and Reformatory
Institutions Account—State....................................... $4,450,000
Prior Biennia (Expenditures)........................................................... $0
Future Biennia (Projected Costs)..................................................... $0
TOTAL...................................................... $4,450,000
NEW SECTION. Sec. 2010. FOR THE DEPARTMENT OF SOCIAL AND HEALTH SERVICES
Echo Glen - Housing Unit: Acute Mental Health Unit (30002736)
Appropriation:
State Building Construction Account—State.................... $4,950,000
Prior Biennia (Expenditures)........................................................... $0
Future Biennia (Projected Costs)..................................................... $0
TOTAL...................................................... $4,950,000
NEW SECTION. Sec. 2011. FOR THE DEPARTMENT OF SOCIAL AND HEALTH SERVICES
Eastern State Hospital - Westlake: Nurse Call System (30002739)
Appropriation:
State Building Construction Account—State.................... $1,200,000
Prior Biennia (Expenditures)........................................................... $0
Future Biennia (Projected Costs)..................................................... $0
TOTAL...................................................... $1,200,000
NEW SECTION. Sec. 2012. FOR THE DEPARTMENT OF SOCIAL AND HEALTH SERVICES
Yakima Valley School - Main Building: Roofing Replacement (30002742)
Appropriation:
State Building Construction Account—State.................... $1,500,000
Prior Biennia (Expenditures)........................................................... $0
Future Biennia (Projected Costs)..................................................... $0
TOTAL...................................................... $1,500,000
NEW SECTION. Sec. 2013. FOR THE DEPARTMENT OF SOCIAL AND HEALTH SERVICES
Green Hill School: New Acute Mental Health Unit (30002745)
Appropriation:
State Building Construction Account—State.................... $4,950,000
Prior Biennia (Expenditures)........................................................... $0
Future Biennia (Projected Costs)..................................................... $0
TOTAL...................................................... $4,950,000
NEW SECTION. Sec. 2014. FOR THE DEPARTMENT OF SOCIAL AND HEALTH SERVICES
Western State Hospital - Forensic Services: Two Wards Addition (30002765)
Appropriation:
State Building Construction Account—State.................... $1,800,000
Prior Biennia (Expenditures)........................................................... $0
Future Biennia (Projected Costs)..................................... $20,700,000
TOTAL.................................................... $22,500,000
NEW SECTION. Sec. 2015. FOR THE DEPARTMENT OF SOCIAL AND HEALTH SERVICES
Western State Hospital - East Campus: Psychiatric Intensive Care Unit and Competency Restoration (30002773)
Appropriation:
State Building Construction Account—State.................... $2,200,000
Prior Biennia (Expenditures)........................................................... $0
Future Biennia (Projected Costs)..................................................... $0
TOTAL...................................................... $2,200,000
NEW SECTION. Sec. 2016. FOR THE DEPARTMENT OF SOCIAL AND HEALTH SERVICES
Eastern State Hospital - Water System: Improvements (30003215)
Appropriation:
State Building Construction Account—State.................... $2,115,000
Prior Biennia (Expenditures)........................................................... $0
Future Biennia (Projected Costs)..................................................... $0
TOTAL...................................................... $2,115,000
NEW SECTION. Sec. 2017. FOR THE DEPARTMENT OF SOCIAL AND HEALTH SERVICES
Western State Hospital - South Hall: Wards Preservation and Renewal (30003240)
Appropriation:
State Building Construction Account—State.................... $1,350,000
Prior Biennia (Expenditures)........................................................... $0
Future Biennia (Projected Costs)..................................................... $0
TOTAL...................................................... $1,350,000
NEW SECTION. Sec. 2018. FOR THE DEPARTMENT OF SOCIAL AND HEALTH SERVICES
Special Commitment Center: Kitchen and Dining Room Upgrades (20081506)
Appropriation:
State Building Construction Account—State.................... $3,760,000
Prior Biennia (Expenditures)........................................................... $0
Future Biennia (Projected Costs)..................................................... $0
TOTAL...................................................... $3,760,000
NEW SECTION. Sec. 2019. FOR THE DEPARTMENT OF SOCIAL AND HEALTH SERVICES
Western State Hospital - East Campus: Wards Preservation and Renewal (30003241)
Appropriation:
State Building Construction Account—State.................... $1,600,000
Prior Biennia (Expenditures)........................................................... $0
Future Biennia (Projected Costs)..................................................... $0
TOTAL...................................................... $1,600,000
NEW SECTION. Sec. 2020. FOR THE DEPARTMENT OF SOCIAL AND HEALTH SERVICES
Western State Hospital - East Campus: Building Systems Replacement (30003244)
Appropriation:
State Building Construction Account—State.................... $3,600,000
Prior Biennia (Expenditures)........................................................... $0
Future Biennia (Projected Costs)..................................................... $0
TOTAL...................................................... $3,600,000
NEW SECTION. Sec. 2021. FOR THE DEPARTMENT OF SOCIAL AND HEALTH SERVICES
Eastern State Hospital and Western State Hospital - All Wards: Patient Safety Improvements (91000019)
Reappropriation:
Charitable, Educational, Penal, and Reformatory
Institutions Account—State....................................... $2,000,000
Appropriation:
Charitable, Educational, Penal, and Reformatory
Institutions Account—State....................................... $2,569,000
Prior Biennia (Expenditures)............................................. $2,800,000
Future Biennia (Projected Costs)....................................... $3,180,000
TOTAL.................................................... $10,549,000
NEW SECTION. Sec. 2022. FOR THE DEPARTMENT OF HEALTH
Newborn Screening Wing Addition (30000301)
Appropriation:
State Building Construction Account—State.................... $3,049,000
Prior Biennia (Expenditures)........................................................... $0
Future Biennia (Projected Costs)..................................................... $0
TOTAL...................................................... $3,049,000
NEW SECTION. Sec. 2023. FOR THE DEPARTMENT OF HEALTH
Newborn Screening Lab Conversion (30000302)
Appropriation:
State Building Construction Account—State.................... $1,141,000
Prior Biennia (Expenditures)........................................................... $0
Future Biennia (Projected Costs)..................................................... $0
TOTAL...................................................... $1,141,000
NEW SECTION. Sec. 2024. FOR THE DEPARTMENT OF HEALTH
Minor Works - Program (30000315)
Appropriation:
State Building Construction Account—State....................... $322,000
Prior Biennia (Expenditures)........................................................... $0
Future Biennia (Projected Costs)..................................................... $0
TOTAL......................................................... $322,000
NEW SECTION. Sec. 2025. FOR THE DEPARTMENT OF HEALTH
Drinking Water Assistance Program (30000323)
Reappropriation:
Drinking Water Assistance Account—Federal............... $23,225,000
Prior Biennia (Expenditures)............................................. $5,575,000
Future Biennia (Projected Costs)..................................................... $0
TOTAL.................................................... $28,800,000
NEW SECTION. Sec. 2026. FOR THE DEPARTMENT OF HEALTH
Minor Works - Facility Preservation (30000328)
Appropriation:
State Building Construction Account—State....................... $277,000
Prior Biennia (Expenditures)........................................................... $0
Future Biennia (Projected Costs)..................................................... $0
TOTAL......................................................... $277,000
NEW SECTION. Sec. 2027. FOR THE DEPARTMENT OF HEALTH
Drinking Water Preconstruction Loans (30000334)
Appropriation:
Drinking Water Assistance Repayment Account—State.. $6,000,000
Prior Biennia (Expenditures)........................................................... $0
Future Biennia (Projected Costs)..................................... $24,000,000
TOTAL.................................................... $30,000,000
NEW SECTION. Sec. 2028. FOR THE DEPARTMENT OF HEALTH
Drinking Water Assistance Program (30000336)
Appropriation:
Drinking Water Assistance Account—Federal............... $32,000,000
Prior Biennia (Expenditures)........................................................... $0
Future Biennia (Projected Costs)................................... $128,000,000
TOTAL.................................................. $160,000,000
NEW SECTION. Sec. 2029. FOR THE DEPARTMENT OF HEALTH
Safe Reliable Drinking Water Grants (92000002)
Reappropriation:
State Building Construction Account—State.................... $1,428,000
Prior Biennia (Expenditures)........................................... $10,210,000
Future Biennia (Projected Costs)..................................................... $0
TOTAL.................................................... $11,638,000
NEW SECTION. Sec. 2030. FOR THE DEPARTMENT OF VETERANS AFFAIRS
Walla Walla Nursing Facility (20082008)
Reappropriation:
State Building Construction Account—State.................. $14,357,000
General Fund—Federal................................................... $24,000,000
Subtotal Reappropriation......................... $38,357,000
Prior Biennia (Expenditures)............................................. $2,568,000
Future Biennia (Projected Costs)..................................................... $0
TOTAL.................................................... $40,925,000
NEW SECTION. Sec. 2031. FOR THE DEPARTMENT OF VETERANS AFFAIRS
Minor Works Facilities Preservation (30000094)
Reappropriation:
State Building Construction Account—State....................... $675,000
Prior Biennia (Expenditures)................................................ $638,000
Future Biennia (Projected Costs)..................................................... $0
TOTAL...................................................... $1,313,000
NEW SECTION. Sec. 2032. FOR THE DEPARTMENT OF VETERANS AFFAIRS
Feasibility Study/Predesign for Western State Hospital Skilled Nursing Replacement (30000090)
Appropriation:
Charitable, Educational, Penal, and Reformatory
Institutions Account—State.......................................... $125,000
Prior Biennia (Expenditures)........................................................... $0
Future Biennia (Projected Costs)..................................................... $0
TOTAL......................................................... $125,000
NEW SECTION. Sec. 2033. FOR THE DEPARTMENT OF VETERANS AFFAIRS
Minor Works Facilities Preservation (30000174)
Appropriation:
State Building Construction Account—State.................... $3,095,000
Prior Biennia (Expenditures)........................................................... $0
Future Biennia (Projected Costs)....................................... $9,690,000
TOTAL.................................................... $12,785,000
NEW SECTION. Sec. 2034. FOR THE DEPARTMENT OF VETERANS AFFAIRS
South Central Washington State Veterans Cemetery Feasibility (30000151)
Appropriation:
Charitable, Educational, Penal, and Reformatory
Institutions Account—State.......................................... $100,000
Prior Biennia (Expenditures)........................................................... $0
Future Biennia (Projected Costs)..................................................... $0
TOTAL......................................................... $100,000
NEW SECTION. Sec. 2035. FOR THE DEPARTMENT OF VETERANS AFFAIRS
Eastern Washington Cemetery Upgrade (30000152)
Appropriation:
State Building Construction Account—State....................... $270,000
General Fund—Federal..................................................... $2,422,000
Subtotal Appropriation.............................. $2,692,000
Prior Biennia (Expenditures)........................................................... $0
Future Biennia (Projected Costs)..................................................... $0
TOTAL...................................................... $2,692,000
NEW SECTION. Sec. 2036. FOR THE DEPARTMENT OF CORRECTIONS
Monroe Correctional Complex: Close Sewer Lagoon (20082022)
Reappropriation:
State Building Construction Account—State....................... $214,000
Appropriation:
State Building Construction Account—State.................... $8,801,000
Prior Biennia (Expenditures)............................................. $1,177,000
Future Biennia (Projected Costs)..................................................... $0
TOTAL.................................................... $10,192,000
NEW SECTION. Sec. 2037. FOR THE DEPARTMENT OF CORRECTIONS
Washington Corrections Center: Transformers and Switches (30000143)
Appropriation:
State Building Construction Account—State....................... $150,000
Prior Biennia (Expenditures)........................................................... $0
Future Biennia (Projected Costs)..................................... $12,699,000
TOTAL.................................................... $12,849,000
NEW SECTION. Sec. 2038. FOR THE DEPARTMENT OF CORRECTIONS
Washington Corrections Center: Roof and Equipment Replacement (30000195)
Appropriation:
State Building Construction Account—State.................... $5,658,000
Prior Biennia (Expenditures)........................................................... $0
Future Biennia (Projected Costs)..................................................... $0
TOTAL...................................................... $5,658,000
NEW SECTION. Sec. 2039. FOR THE DEPARTMENT OF CORRECTIONS
Clallam Bay Corrections Center: MSC and Rec Building Roofs (30000548)
Appropriation:
State Building Construction Account—State.................... $1,808,000
Prior Biennia (Expenditures)........................................................... $0
Future Biennia (Projected Costs)..................................................... $0
TOTAL...................................................... $1,808,000
NEW SECTION. Sec. 2040. FOR THE DEPARTMENT OF CORRECTIONS
Airway Heights Corrections Center: CI Food Factory Remodel (30000567)
Appropriation:
State Building Construction Account—State.................... $2,163,000
Prior Biennia (Expenditures)........................................................... $0
Future Biennia (Projected Costs)..................................................... $0
TOTAL...................................................... $2,163,000
NEW SECTION. Sec. 2041. FOR THE DEPARTMENT OF CORRECTIONS
Monroe Correctional Complex: WSR Replace Fire Alarm System (30000724)
Reappropriation:
State Building Construction Account—State.................... $2,001,000
Prior Biennia (Expenditures)................................................ $615,000
Future Biennia (Projected Costs)..................................................... $0
TOTAL...................................................... $2,616,000
NEW SECTION. Sec. 2042. FOR THE DEPARTMENT OF CORRECTIONS
Airway Heights Corrections Center: Replace Fire Alarm System (30000725)
Reappropriation:
State Building Construction Account—State.................... $1,950,000
Prior Biennia (Expenditures)............................................. $1,449,000
Future Biennia (Projected Costs)..................................................... $0
TOTAL...................................................... $3,399,000
NEW SECTION. Sec. 2043. FOR THE DEPARTMENT OF CORRECTIONS
Airway Heights Corrections Center: Security Electronics Renovations (30000726)
Reappropriation:
State Building Construction Account—State.................... $3,830,000
Prior Biennia (Expenditures)............................................. $1,217,000
Future Biennia (Projected Costs)..................................................... $0
TOTAL...................................................... $5,047,000
NEW SECTION. Sec. 2044. FOR THE DEPARTMENT OF CORRECTIONS
Washington Corrections Center for Women: Replace Fire Alarm System (30000727)
Reappropriation:
State Building Construction Account—State....................... $950,000
Prior Biennia (Expenditures)............................................. $1,699,000
Future Biennia (Projected Costs)..................................................... $0
TOTAL...................................................... $2,649,000
NEW SECTION. Sec. 2045. FOR THE DEPARTMENT OF CORRECTIONS
Monroe Correctional Complex: TRU Support Building Repair Fire Detection System (30000733)
Reappropriation:
State Building Construction Account—State....................... $250,000
Prior Biennia (Expenditures)................................................ $808,000
Future Biennia (Projected Costs)..................................................... $0
TOTAL...................................................... $1,058,000
NEW SECTION. Sec. 2046. FOR THE DEPARTMENT OF CORRECTIONS
Monroe Correctional Complex: TRU Security Video System (30000801)
Reappropriation:
State Building Construction Account—State.................... $2,908,000
Prior Biennia (Expenditures)................................................ $968,000
Future Biennia (Projected Costs)..................................................... $0
TOTAL...................................................... $3,876,000
NEW SECTION. Sec. 2047. FOR THE DEPARTMENT OF CORRECTIONS
Washington Corrections Center: Security Video System (30000791)
Reappropriation:
State Building Construction Account—State.................... $4,363,000
Prior Biennia (Expenditures)............................................. $2,609,000
Future Biennia (Projected Costs)..................................................... $0
TOTAL...................................................... $6,972,000
NEW SECTION. Sec. 2048. FOR THE DEPARTMENT OF CORRECTIONS
Monroe Correctional Complex: WSR Security Video System (30000795)
Reappropriation:
State Building Construction Account—State.................... $3,843,000
Prior Biennia (Expenditures)............................................. $1,390,000
Future Biennia (Projected Costs)..................................................... $0
TOTAL...................................................... $5,233,000
NEW SECTION. Sec. 2049. FOR THE DEPARTMENT OF CORRECTIONS
Minor Works Preservation (30000734)
Reappropriation:
State Building Construction Account—State.................... $1,500,000
Prior Biennia (Expenditures)............................................. $8,600,000
Future Biennia (Projected Costs)..................................................... $0
TOTAL.................................................... $10,100,000
NEW SECTION. Sec. 2050. FOR THE DEPARTMENT OF CORRECTIONS
Clallam Bay Corrections Center: Security Video System (30000800)
Appropriation:
State Building Construction Account—State.................... $6,038,000
Prior Biennia (Expenditures)........................................................... $0
Future Biennia (Projected Costs)..................................................... $0
TOTAL...................................................... $6,038,000
NEW SECTION. Sec. 2051. FOR THE DEPARTMENT OF CORRECTIONS
Washington Corrections Center for Women: Security Video System (30000802)
Reappropriation:
State Building Construction Account—State.................... $2,150,000
Prior Biennia (Expenditures)............................................. $1,271,000
Future Biennia (Projected Costs)..................................................... $0
TOTAL...................................................... $3,421,000
NEW SECTION. Sec. 2052. FOR THE DEPARTMENT OF CORRECTIONS
Monroe Correctional Complex: SOU IMU Security Video (30000803)
Reappropriation:
State Building Construction Account—State.................... $1,806,000
Prior Biennia (Expenditures)................................................ $834,000
Future Biennia (Projected Costs)..................................................... $0
TOTAL...................................................... $2,640,000
NEW SECTION. Sec. 2053. FOR THE DEPARTMENT OF CORRECTIONS
Washington State Penitentiary: Education Building Roof (30000820)
Appropriation:
State Building Construction Account—State.................... $1,525,000
Prior Biennia (Expenditures)........................................................... $0
Future Biennia (Projected Costs)..................................................... $0
TOTAL...................................................... $1,525,000
NEW SECTION. Sec. 2054. FOR THE DEPARTMENT OF CORRECTIONS
Monroe Correctional Complex: MSU Bathroom Renovation (30000975)
Appropriation:
State Building Construction Account—State.................... $1,720,000
Prior Biennia (Expenditures)........................................................... $0
Future Biennia (Projected Costs)..................................................... $0
TOTAL...................................................... $1,720,000
NEW SECTION. Sec. 2055. FOR THE DEPARTMENT OF CORRECTIONS
Statewide: Minor Works - Preservation Projects (30001013)
Appropriation:
State Building Construction Account—State.................. $25,181,000
Prior Biennia (Expenditures)........................................................... $0
Future Biennia (Projected Costs)..................................... $65,095,000
TOTAL.................................................... $90,276,000
NEW SECTION. Sec. 2056. FOR THE DEPARTMENT OF CORRECTIONS
Clallam Bay Corrections Center: Access Road Culvert Replacement and Road Resurfacing (30001078)
Appropriation:
State Building Construction Account—State.................... $1,500,000
Prior Biennia (Expenditures)........................................................... $0
Future Biennia (Projected Costs)..................................................... $0
TOTAL...................................................... $1,500,000
NEW SECTION. Sec. 2057. FOR THE DEPARTMENT OF CORRECTIONS
Washington State Penitentiary: Program and Support Building (30001101)
Appropriation:
State Building Construction Account—State.................... $1,900,000
Prior Biennia (Expenditures)........................................................... $0
Future Biennia (Projected Costs)..................................... $15,014,000
TOTAL.................................................... $16,914,000
NEW SECTION. Sec. 2058. FOR THE DEPARTMENT OF CORRECTIONS
Prison Capacity Expansion (30001105)
The appropriation in this section is subject to the following conditions and limitations: The department shall research best practices for treatment of mental illness for offenders, and design and construct the facility to provide this treatment. The department shall also include costs for continuing mental health supervision with community supervision in the predesign. The department may assign minimum security offenders for maintenance or other activities as needed.
Appropriation:
State Building Construction Account—State.................... $5,300,000
Prior Biennia (Expenditures)........................................................... $0
Future Biennia (Projected Costs)................................... $184,000,000
TOTAL.................................................. $189,300,000
NEW SECTION. Sec. 2059. FOR THE CRIMINAL JUSTICE TRAINING COMMISSION
Omnibus Minor Works (30000017)
Appropriation:
State Building Construction Account—State....................... $456,000
Prior Biennia (Expenditures)........................................................... $0
Future Biennia (Projected Costs)..................................................... $0
TOTAL......................................................... $456,000
PART 3
NATURAL RESOURCES
NEW SECTION. Sec. 3001. FOR THE DEPARTMENT OF ECOLOGY
Water Supply Facilities (19742006)
Reappropriation:
State and Local Improvements Revolving Account (Water
Supply Facilities)—State.............................................. $345,000
Prior Biennia (Expenditures)........................................... $20,205,000
Future Biennia (Projected Costs)..................................................... $0
TOTAL.................................................... $20,550,000
NEW SECTION. Sec. 3002. FOR THE DEPARTMENT OF ECOLOGY
Low-Level Nuclear Waste Disposal Trench Closure (19972012)
Reappropriation:
Site Closure Account—State........................................... $10,917,000
Appropriation:
Site Closure Account—State............................................. $3,675,000
Prior Biennia (Expenditures)............................................. $4,516,000
Future Biennia (Projected Costs)..................................................... $0
TOTAL.................................................... $19,108,000
NEW SECTION. Sec. 3003. FOR THE DEPARTMENT OF ECOLOGY
Twin Lake Aquifer Recharge Project (20042951)
Reappropriation:
State Building Construction Account—State....................... $156,000
Prior Biennia (Expenditures)................................................ $594,000
Future Biennia (Projected Costs)..................................................... $0
TOTAL......................................................... $750,000
NEW SECTION. Sec. 3004. FOR THE DEPARTMENT OF ECOLOGY
Water Supply Facilities (20044006)
Reappropriation:
State and Local Improvements Revolving Account (Water
Supply Facilities)—State................................................ $50,000
Prior Biennia (Expenditures)........................................... $13,468,000
Future Biennia (Projected Costs)..................................................... $0
TOTAL.................................................... $13,518,000
NEW SECTION. Sec. 3005. FOR THE DEPARTMENT OF ECOLOGY
Quad Cities Water Right Mitigation (20052852)
Reappropriation:
State Building Construction Account—State....................... $421,000
Prior Biennia (Expenditures)............................................. $1,179,000
Future Biennia (Projected Costs)..................................................... $0
TOTAL...................................................... $1,600,000
NEW SECTION. Sec. 3006. FOR THE DEPARTMENT OF ECOLOGY
Watershed Plan Implementation and Flow Achievement (20062003)
The reappropriation in this section is subject to the following conditions and limitations: The reappropriation is subject to the provisions in section 136, chapter 371, Laws of 2006.
Reappropriation:
State Building Construction Account—State....................... $317,000
Prior Biennia (Expenditures)........................................... $12,483,000
Future Biennia (Projected Costs)..................................................... $0
TOTAL.................................................... $12,800,000
NEW SECTION. Sec. 3007. FOR THE DEPARTMENT OF ECOLOGY
Columbia River Basin Water Supply Development Program (20062950)
The reappropriations in this section are subject to the following conditions and limitations: The reappropriations are subject to the provisions of section 3008, chapter 49, Laws of 2011 1st sp. sess.
Reappropriation:
Columbia River Basin Taxable Bond Water Supply
Development Account—State................................... $1,770,000
Columbia River Basin Water Supply Development Account—
State........................................................................... $6,075,000
Subtotal Reappropriation........................... $7,845,000
Prior Biennia (Expenditures)........................................... $83,655,000
Future Biennia (Projected Costs)..................................................... $0
TOTAL.................................................... $91,500,000
NEW SECTION. Sec. 3008. FOR THE DEPARTMENT OF ECOLOGY
Transfer of Water Rights for Cabin Owners (20081951)
Reappropriation:
State Building Construction Account—State....................... $161,000
Prior Biennia (Expenditures)................................................ $289,000
Future Biennia (Projected Costs)..................................................... $0
TOTAL......................................................... $450,000
NEW SECTION. Sec. 3009. FOR THE DEPARTMENT OF ECOLOGY
Remedial Action Grants (20084008)
Reappropriation:
State Building Construction Account—State.................. $11,754,000
Prior Biennia (Expenditures)........................................... $81,121,000
Future Biennia (Projected Costs)..................................................... $0
TOTAL.................................................... $92,875,000
NEW SECTION. Sec. 3010. FOR THE DEPARTMENT OF ECOLOGY
Centennial Clean Water Program (20084010)
Reappropriation:
Water Quality Capital Account—State.................................. $43,000
State Toxics Control Account—State.................................. $570,000
Subtotal Reappropriation.............................. $613,000
Prior Biennia (Expenditures)........................................... $66,036,000
Future Biennia (Projected Costs)..................................................... $0
TOTAL.................................................... $66,649,000
NEW SECTION. Sec. 3011. FOR THE DEPARTMENT OF ECOLOGY
Water Pollution Control Loan Program (20084011)
Reappropriation:
Water Pollution Control Revolving Account—State...... $14,581,000
Prior Biennia (Expenditures)......................................... $125,419,000
Future Biennia (Projected Costs)..................................................... $0
TOTAL.................................................. $140,000,000
NEW SECTION. Sec. 3012. FOR THE DEPARTMENT OF ECOLOGY
Yakima River Basin Water Storage Feasibility Study (20084026)
The reappropriation in this section is subject to the following conditions and limitations: The reappropriation is subject to the provisions in section 3035, chapter 497, Laws of 2009.
Reappropriation:
State Building Construction Account—State......................... $82,000
Prior Biennia (Expenditures)............................................. $5,168,000
Future Biennia (Projected Costs)..................................................... $0
TOTAL...................................................... $5,250,000
NEW SECTION. Sec. 3013. FOR THE DEPARTMENT OF ECOLOGY
Watershed Plan Implementation and Flow Achievement (20084029)
The reappropriation in this section is subject to the following conditions and limitations: The reappropriation is subject to the provisions in section 3054, chapter 520, Laws of 2007.
Reappropriation:
State Building Construction Account—State.................... $1,456,000
Prior Biennia (Expenditures)........................................... $12,544,000
Future Biennia (Projected Costs)..................................................... $0
TOTAL.................................................... $14,000,000
NEW SECTION. Sec. 3014. FOR THE DEPARTMENT OF ECOLOGY
Water Pollution Control Revolving Fund Program (30000007)
Reappropriation:
Water Pollution Control Revolving Account—Federal
ARRA........................................................................... $766,000
Water Pollution Control Revolving Account—State........ $3,970,000
Subtotal Reappropriation........................... $4,736,000
Prior Biennia (Expenditures)......................................... $173,964,000
Future Biennia (Projected Costs)..................................................... $0
TOTAL.................................................. $178,700,000
NEW SECTION. Sec. 3015. FOR THE DEPARTMENT OF ECOLOGY
Centennial Clean Water Program (30000008)
Reappropriation:
State Building Construction Account—State.................... $3,838,000
Prior Biennia (Expenditures)........................................... $26,162,000
Future Biennia (Projected Costs)..................................................... $0
TOTAL.................................................... $30,000,000
NEW SECTION. Sec. 3016. FOR THE DEPARTMENT OF ECOLOGY
Watershed Plan Implementation and Flow Achievement (30000028)
Reappropriation:
State Building Construction Account—State....................... $715,000
Prior Biennia (Expenditures)............................................. $5,285,000
Future Biennia (Projected Costs)..................................................... $0
TOTAL...................................................... $6,000,000
NEW SECTION. Sec. 3017. FOR THE DEPARTMENT OF ECOLOGY
Kittitas Groundwater Study (30000029)
The reappropriation in this section is subject to the following conditions and limitations: The reappropriation is subject to the provisions in section 3001, chapter 36, Laws of 2010 1st sp. sess.
Reappropriation:
State and Local Improvements Revolving Account (Water
Supply Facilities)—State................................................ $76,000
Prior Biennia (Expenditures)................................................ $624,000
Future Biennia (Projected Costs)..................................................... $0
TOTAL......................................................... $700,000
NEW SECTION. Sec. 3018. FOR THE DEPARTMENT OF ECOLOGY
Remedial Action Grant Program (30000039)
The reappropriations in this section are subject to the following conditions and limitations: The reappropriations are subject to the provisions of section 3006, chapter 36, Laws of 2010 1st sp. sess.
Reappropriation:
State Building Construction Account—State.................... $1,327,000
Local Toxics Control Account—State.............................. $9,165,000
Subtotal Reappropriation......................... $10,492,000
Prior Biennia (Expenditures)........................................... $65,419,000
Future Biennia (Projected Costs)..................................................... $0
TOTAL.................................................... $75,911,000
NEW SECTION. Sec. 3019. FOR THE DEPARTMENT OF ECOLOGY
Water Pollution Control Revolving Fund Program (30000142)
Reappropriation:
Water Pollution Control Revolving Account—Federal.... $1,792,000
Water Pollution Control Revolving Account—State...... $21,050,000
Subtotal Reappropriation......................... $22,842,000
Prior Biennia (Expenditures)........................................... $14,158,000
Future Biennia (Projected Costs)..................................................... $0
TOTAL.................................................... $37,000,000
NEW SECTION. Sec. 3020. FOR THE DEPARTMENT OF ECOLOGY
Clean Up Toxics Sites - Puget Sound (30000144)
The reappropriations in this section are subject to the following conditions and limitations: The reappropriations are subject to the provisions of section 3021, chapter 48, Laws of 2011 1st sp. sess.
Reappropriation:
Cleanup Settlement Account—State................................. $1,959,000
State Toxics Control Account—State............................... $3,666,000
Subtotal Reappropriation........................... $5,625,000
Prior Biennia (Expenditures)........................................... $35,573,000
Future Biennia (Projected Costs)..................................................... $0
TOTAL.................................................... $41,198,000
NEW SECTION. Sec. 3021. FOR THE DEPARTMENT OF ECOLOGY
Settlement Funding to Clean Up Toxic Sites (30000145)
Reappropriation:
Cleanup Settlement Account—State.................................... $185,000
Prior Biennia (Expenditures)............................................. $8,315,000
Future Biennia (Projected Costs)..................................................... $0
TOTAL...................................................... $8,500,000
NEW SECTION. Sec. 3022. FOR THE DEPARTMENT OF ECOLOGY
Centennial Clean Water Program (30000208)
The reappropriation in this section is subject to the following conditions and limitations: The reappropriation is subject to the provisions of section 3024, chapter 48, Laws of 2011 1st sp. sess.
Reappropriation:
State Toxics Control Account—State............................. $12,341,000
Prior Biennia (Expenditures)........................................... $21,759,000
Future Biennia (Projected Costs)..................................................... $0
TOTAL.................................................... $34,100,000
NEW SECTION. Sec. 3023. FOR THE DEPARTMENT OF ECOLOGY
Water Pollution Control Revolving Fund Program (30000209)
Reappropriation:
Water Pollution Control Revolving Account—Federal.. $51,095,000
Water Pollution Control Revolving Account—State...... $85,631,000
Subtotal Reappropriation....................... $136,726,000
Prior Biennia (Expenditures)........................................... $55,418,000
Future Biennia (Projected Costs)..................................................... $0
TOTAL.................................................. $192,144,000
NEW SECTION. Sec. 3024. FOR THE DEPARTMENT OF ECOLOGY
Watershed Plan Implementation and Flow Achievement (30000213)
The reappropriation in this section is subject to the following conditions and limitations: The reappropriation is subject to the provisions of section 3030, chapter 49, Laws of 2011 1st sp. sess.
Reappropriation:
State Building Construction Account—State.................... $2,254,000
Prior Biennia (Expenditures)............................................. $5,746,000
Future Biennia (Projected Costs)..................................................... $0
TOTAL...................................................... $8,000,000
NEW SECTION. Sec. 3025. FOR THE DEPARTMENT OF ECOLOGY
Remedial Action Grant Program (30000216)
Reappropriation:
Local Toxics Control Account—State............................ $32,216,000
Prior Biennia (Expenditures)........................................... $31,618,000
Future Biennia (Projected Costs)..................................................... $0
TOTAL.................................................... $63,834,000
NEW SECTION. Sec. 3026. FOR THE DEPARTMENT OF ECOLOGY
Eastern Washington Clean Sites Initiative (30000217)
Reappropriation:
State Toxics Control Account—State............................... $2,117,000
Prior Biennia (Expenditures)............................................. $3,883,000
Future Biennia (Projected Costs)..................................................... $0
TOTAL...................................................... $6,000,000
NEW SECTION. Sec. 3027. FOR THE DEPARTMENT OF ECOLOGY
Safe Soils Remediation Program - Central Washington (30000263)
Reappropriation:
State Toxics Control Account—State.................................. $682,000
Prior Biennia (Expenditures)............................................. $3,029,000
Future Biennia (Projected Costs)..................................................... $0
TOTAL...................................................... $3,711,000
NEW SECTION. Sec. 3028. FOR THE DEPARTMENT OF ECOLOGY
Clean Up Toxics Sites - Puget Sound (30000265)
Reappropriation:
State Toxics Control Account—State............................... $1,896,000
Prior Biennia (Expenditures)........................................... $14,504,000
Future Biennia (Projected Costs)..................................................... $0
TOTAL.................................................... $16,400,000
NEW SECTION. Sec. 3029. FOR THE DEPARTMENT OF ECOLOGY
Yakima Basin Integrated Water Management Plan Implementation (30000278)
Reappropriation:
State Building Construction Account—State....................... $208,000
Prior Biennia (Expenditures)............................................. $1,792,000
Future Biennia (Projected Costs)..................................................... $0
TOTAL...................................................... $2,000,000
NEW SECTION. Sec. 3030. FOR THE DEPARTMENT OF ECOLOGY
ASARCO - Tacoma Smelter Plume and Mines (30000280)
Reappropriation:
Cleanup Settlement Account—State................................. $6,841,000
Prior Biennia (Expenditures)........................................... $13,806,000
Future Biennia (Projected Costs)..................................................... $0
TOTAL.................................................... $20,647,000
NEW SECTION. Sec. 3031. FOR THE DEPARTMENT OF ECOLOGY
Padilla Bay Federal Capital Projects (30000282)
Reappropriation:
General Fund—Federal........................................................ $791,000
Prior Biennia (Expenditures).................................................... $9,000
Future Biennia (Projected Costs)..................................................... $0
TOTAL......................................................... $800,000
NEW SECTION. Sec. 3032. FOR THE DEPARTMENT OF ECOLOGY
Coastal Wetlands Federal Funds Administration (30000283)
Reappropriation:
General Fund—Federal................................................... $10,695,000
Prior Biennia (Expenditures)........................................... $12,505,000
Future Biennia (Projected Costs)..................................................... $0
TOTAL.................................................... $23,200,000
NEW SECTION. Sec. 3033. FOR THE DEPARTMENT OF ECOLOGY
Statewide Storm Water Projects (30000294)
The reappropriation in this section is subject to the following conditions and limitations: The reappropriation is subject to the provisions of section 3041, chapter 4, Laws of 2011 1st sp. sess.
Reappropriation:
Local Toxics Control Account—State............................ $14,411,000
Prior Biennia (Expenditures)........................................... $15,589,000
Future Biennia (Projected Costs)..................................................... $0
TOTAL.................................................... $30,000,000
NEW SECTION. Sec. 3034. FOR THE DEPARTMENT OF ECOLOGY
Waste Tire Pile Cleanup and Prevention (30000322)
Reappropriation:
Waste Tire Removal Account—State.................................. $388,000
Prior Biennia (Expenditures)................................................ $612,000
Future Biennia (Projected Costs)..................................................... $0
TOTAL...................................................... $1,000,000
NEW SECTION. Sec. 3035. FOR THE DEPARTMENT OF ECOLOGY
Mercury Switch Removal (30000323)
Reappropriation:
State Toxics Control Account—State.................................. $365,000
Prior Biennia (Expenditures)................................................ $135,000
Future Biennia (Projected Costs)..................................................... $0
TOTAL......................................................... $500,000
NEW SECTION. Sec. 3036. FOR THE DEPARTMENT OF ECOLOGY
Reducing Toxic Diesel Emissions (30000324)
Reappropriation:
State Toxics Control Account—State............................... $2,380,000
Prior Biennia (Expenditures)............................................. $2,120,000
Future Biennia (Projected Costs)..................................................... $0
TOTAL...................................................... $4,500,000
NEW SECTION. Sec. 3037. FOR THE DEPARTMENT OF ECOLOGY
Reducing Toxic Wood Stove Emissions (30000325)
Reappropriation:
State Toxics Control Account—State............................... $2,180,000
Prior Biennia (Expenditures)............................................. $1,820,000
Future Biennia (Projected Costs)..................................................... $0
TOTAL...................................................... $4,000,000
NEW SECTION. Sec. 3038. FOR THE DEPARTMENT OF ECOLOGY
Centennial Clean Water Program (30000326)
The reappropriation in this section is subject to the following conditions and limitations: The reappropriation is subject to the provisions of section 3066, chapter 19, Laws of 2013 2nd sp. sess.
Reappropriation:
Environmental Legacy Stewardship Account—State..... $36,634,000
Prior Biennia (Expenditures)........................................... $13,366,000
Future Biennia (Projected Costs)..................................................... $0
TOTAL.................................................... $50,000,000
NEW SECTION. Sec. 3039. FOR THE DEPARTMENT OF ECOLOGY
Water Pollution Control Revolving Program (30000327)
The reappropriations in this section are subject to the following conditions and limitations: The reappropriations are subject to the provisions of section 3067, chapter 19, Laws of 2013 2nd sp. sess.
Reappropriation:
Water Pollution Control Revolving Account—Federal.. $50,000,000
Water Pollution Control Revolving Account—State.... $184,110,000
Subtotal Reappropriation....................... $234,110,000
Prior Biennia (Expenditures)........................................... $15,890,000
Future Biennia (Projected Costs)..................................................... $0
TOTAL.................................................. $250,000,000
NEW SECTION. Sec. 3040. FOR THE DEPARTMENT OF ECOLOGY
Coastal Wetlands Federal Funds (30000328)
Reappropriation:
General Fund—Federal..................................................... $9,800,000
Prior Biennia (Expenditures)........................................................... $0
Future Biennia (Projected Costs)..................................................... $0
TOTAL...................................................... $9,800,000
NEW SECTION. Sec. 3041. FOR THE DEPARTMENT OF ECOLOGY
Watershed Plan Implementation and Flow Achievement (30000331)
Reappropriation:
State Building Construction Account—State.................... $8,695,000
Prior Biennia (Expenditures)............................................. $1,305,000
Future Biennia (Projected Costs)..................................................... $0
TOTAL.................................................... $10,000,000
NEW SECTION. Sec. 3042. FOR THE DEPARTMENT OF ECOLOGY
Sunnyside Valley Irrigation District Water Conservation (30000332)
Reappropriation:
State Building Construction Account—State.................... $3,048,000
Prior Biennia (Expenditures).................................................... $7,000
Future Biennia (Projected Costs)..................................................... $0
TOTAL...................................................... $3,055,000
NEW SECTION. Sec. 3043. FOR THE DEPARTMENT OF ECOLOGY
Dungeness Water Supply and Mitigation (30000333)
The reappropriation in this section is subject to the following conditions and limitations: The reappropriation is subject to the provisions in section 3082, chapter 19, Laws of 2013 2nd sp. sess.
Reappropriation:
State Building Construction Account—State.................... $2,003,000
Prior Biennia (Expenditures).................................................. $47,000
Future Biennia (Projected Costs)..................................................... $0
TOTAL...................................................... $2,050,000
NEW SECTION. Sec. 3044. FOR THE DEPARTMENT OF ECOLOGY
ASARCO Cleanup (30000334)
The reappropriations in this section are subject to the following conditions and limitations: The reappropriations are subject to the provisions of section 3072, chapter 19, Laws of 2013 2nd sp. sess.
Reappropriation:
State Building Construction Account—State....................... $717,000
Cleanup Settlement Account—State............................... $26,672,000
Subtotal Reappropriation......................... $27,389,000
Prior Biennia (Expenditures)............................................. $7,271,000
Future Biennia (Projected Costs)..................................................... $0
TOTAL.................................................... $34,660,000
NEW SECTION. Sec. 3045. FOR THE DEPARTMENT OF ECOLOGY
Padilla Bay Federal Capital Projects - Programmatic (30000335)
Reappropriation:
General Fund—Federal........................................................ $500,000
Prior Biennia (Expenditures)........................................................... $0
Future Biennia (Projected Costs)..................................................... $0
TOTAL......................................................... $500,000
NEW SECTION. Sec. 3046. FOR THE DEPARTMENT OF ECOLOGY
Clean Up Toxics Sites - Puget Sound (30000337)
Reappropriation:
Environmental Legacy Stewardship Account—State..... $19,100,000
Prior Biennia (Expenditures)........................................... $12,400,000
Future Biennia (Projected Costs)..................................................... $0
TOTAL.................................................... $31,500,000
NEW SECTION. Sec. 3047. FOR THE DEPARTMENT OF ECOLOGY
Eastern Washington Clean Sites Initiative (30000351)
Reappropriation:
Environmental Legacy Stewardship Account—State....... $6,735,000
Prior Biennia (Expenditures)............................................. $3,565,000
Future Biennia (Projected Costs)..................................................... $0
TOTAL.................................................... $10,300,000
NEW SECTION. Sec. 3048. FOR THE DEPARTMENT OF ECOLOGY
Columbia River Water Supply Development Program (30000372)
Reappropriation:
Columbia River Basin Water Supply Development Account—
State......................................................................... $16,052,000
Columbia River Basin Taxable Bond Water Supply
Development Account—State................................. $28,113,000
Subtotal Reappropriation......................... $44,165,000
Prior Biennia (Expenditures)........................................... $30,335,000
Future Biennia (Projected Costs)..................................................... $0
TOTAL.................................................... $74,500,000
NEW SECTION. Sec. 3049. FOR THE DEPARTMENT OF ECOLOGY
Local Toxics Grants for Cleanup and Prevention (20064008)
Reappropriation:
State Building Construction Account—State.................... $8,296,000
Prior Biennia (Expenditures)........................................... $90,604,000
Future Biennia (Projected Costs)..................................................... $0
TOTAL.................................................... $98,900,000
NEW SECTION. Sec. 3050. FOR THE DEPARTMENT OF ECOLOGY
Yakima River Basin Water Supply (30000373)
Reappropriation:
State Building Construction Account—State.................. $12,162,000
Prior Biennia (Expenditures)........................................... $19,938,000
Future Biennia (Projected Costs)..................................................... $0
TOTAL.................................................... $32,100,000
NEW SECTION. Sec. 3051. FOR THE DEPARTMENT OF ECOLOGY
Remedial Action Grants (30000374)
Reappropriation:
Local Toxics Control Account—State............................ $45,779,000
Prior Biennia (Expenditures)........................................... $16,758,000
Future Biennia (Projected Costs)..................................................... $0
TOTAL.................................................... $62,537,000
NEW SECTION. Sec. 3052. FOR THE DEPARTMENT OF ECOLOGY
Water Irrigation Efficiencies Program (30000389)
The reappropriation in this section is subject to the following conditions and limitations: The reappropriation is subject to the provisions of section 3080, chapter 19, Laws of 2013 2nd sp. sess.
Reappropriation:
State Building Construction Account—State.................... $3,804,000
Prior Biennia (Expenditures)................................................ $196,000
Future Biennia (Projected Costs)..................................................... $0
TOTAL...................................................... $4,000,000
NEW SECTION. Sec. 3053. FOR THE DEPARTMENT OF ECOLOGY
Coordinated Prevention Grants (CPG) (30000426)
Appropriation:
State Building Construction Account—State.................. $15,000,000
Prior Biennia (Expenditures)........................................................... $0
Future Biennia (Projected Costs)................................... $120,000,000
TOTAL.................................................. $135,000,000
NEW SECTION. Sec. 3054. FOR THE DEPARTMENT OF ECOLOGY
Centennial Clean Water Program (30000427)
The appropriations in this section are subject to the following conditions and limitations:
(1) For projects involving repair, replacement, or improvement of a wastewater treatment plant or other public works facility for which an investment grade efficiency audit is obtainable, the department of ecology must require as a contract condition that the project sponsor undertake an investment grade efficiency audit. The project sponsor may finance the costs of the audit as part of its centennial clean water program grant.
(2) The agency must encourage local government use of federally funded water pollution control infrastructure programs operated by the United States Department of Agriculture - Rural Development.
Appropriation:
State Building Construction Account—State.................. $10,000,000
Local Toxics Control Account—State............................ $10,000,000
Subtotal Appropriation............................ $20,000,000
Prior Biennia (Expenditures)........................................................... $0
Future Biennia (Projected Costs)................................... $160,000,000
TOTAL.................................................. $180,000,000
NEW SECTION. Sec. 3055. FOR THE DEPARTMENT OF ECOLOGY
Reducing Toxic Diesel Emissions (30000428)
Appropriation:
State Toxics Control Account—State............................... $1,000,000
Prior Biennia (Expenditures)........................................................... $0
Future Biennia (Projected Costs)....................................... $8,000,000
TOTAL...................................................... $9,000,000
NEW SECTION. Sec. 3056. FOR THE DEPARTMENT OF ECOLOGY
Reducing Toxic Woodstove Emissions (30000429)
Appropriation:
State Toxics Control Account—State............................... $2,000,000
Prior Biennia (Expenditures)........................................................... $0
Future Biennia (Projected Costs)....................................... $8,000,000
TOTAL.................................................... $10,000,000
NEW SECTION. Sec. 3057. FOR THE DEPARTMENT OF ECOLOGY
Swift Creek Natural Asbestos Flood Control and Cleanup (30000430)
Appropriation:
State Building Construction Account—State.................... $3,800,000
Prior Biennia (Expenditures)........................................................... $0
Future Biennia (Projected Costs)..................................... $11,200,000
TOTAL.................................................... $15,000,000
NEW SECTION. Sec. 3058. FOR THE DEPARTMENT OF ECOLOGY
Waste Tire Pile Cleanup and Prevention (30000431)
Appropriation:
Waste Tire Removal Account—State............................... $1,000,000
Prior Biennia (Expenditures)........................................................... $0
Future Biennia (Projected Costs)....................................... $4,000,000
TOTAL...................................................... $5,000,000
NEW SECTION. Sec. 3059. FOR THE DEPARTMENT OF ECOLOGY
Eastern Washington Clean Sites Initiative (30000432)
Appropriation:
State Toxics Control Account—State............................. $11,000,000
Prior Biennia (Expenditures)........................................................... $0
Future Biennia (Projected Costs)..................................... $13,772,000
TOTAL.................................................... $24,772,000
NEW SECTION. Sec. 3060. FOR THE DEPARTMENT OF ECOLOGY
Remedial Action Grants (30000458)
Appropriation:
State Building Construction Account—State.................... $5,000,000
Prior Biennia (Expenditures)........................................................... $0
Future Biennia (Projected Costs)................................... $280,000,000
TOTAL.................................................. $285,000,000
NEW SECTION. Sec. 3061. FOR THE DEPARTMENT OF ECOLOGY
Leaking Tank Model Remedies (30000490)
Appropriation:
State Toxics Control Account—State............................... $2,000,000
Prior Biennia (Expenditures)........................................................... $0
Future Biennia (Projected Costs)....................................... $8,000,000
TOTAL.................................................... $10,000,000
NEW SECTION. Sec. 3062. FOR THE DEPARTMENT OF ECOLOGY
Water Pollution Control Revolving Program (30000534)
The appropriations in this section are subject to the following conditions and limitations:
(1) $6,000,000 of the state building construction account—state for fiscal year 2016 and $6,000,000 of the state building construction account—state for fiscal year 2017 is provided solely as state match for federal clean water funds.
(2) For projects involving repair, replacement, or improvement of a wastewater treatment plant or other public works facility for which an investment grade efficiency audit is obtainable, the department of ecology must require as a contract condition that the project sponsor undertake an investment grade efficiency audit. The project sponsor may finance the costs of the audit as part of its water pollution control program loan.
(3) The agency must encourage local government use of federally funded water pollution control infrastructure programs operated by the United States Department of Agriculture - Rural Development.
Appropriation:
Water Pollution Control Revolving Account—Federal.. $50,000,000
Water Pollution Control Revolving Account—State.... $141,000,000
Subtotal Appropriation.......................... $191,000,000
Prior Biennia (Expenditures)........................................................... $0
Future Biennia (Projected Costs)................................... $800,000,000
TOTAL.................................................. $991,000,000
NEW SECTION. Sec. 3063. FOR THE DEPARTMENT OF ECOLOGY
Stormwater Financial Assistance Program (30000535)
Appropriation:
Local Toxics Control Account—State.............................. $3,000,000
State Building Construction Account—State.................. $60,000,000
Subtotal Appropriation............................ $63,000,000
Prior Biennia (Expenditures)........................................................... $0
Future Biennia (Projected Costs)................................... $280,000,000
TOTAL.................................................. $343,000,000
NEW SECTION. Sec. 3064. FOR THE DEPARTMENT OF ECOLOGY
Coastal Wetlands Federal Funds (30000536)
Appropriation:
General Fund—Federal................................................... $10,000,000
Prior Biennia (Expenditures)........................................................... $0
Future Biennia (Projected Costs)..................................... $40,000,000
TOTAL.................................................... $50,000,000
NEW SECTION. Sec. 3065. FOR THE DEPARTMENT OF ECOLOGY
Floodplains by Design (30000537)
Appropriation:
State Building Construction Account—State.................. $43,000,000
Prior Biennia (Expenditures)........................................................... $0
Future Biennia (Projected Costs)..................................... $92,000,000
TOTAL.................................................. $135,000,000
NEW SECTION. Sec. 3066. FOR THE DEPARTMENT OF ECOLOGY
ASARCO Cleanup (30000538)
The appropriation in this section is subject to the following conditions and limitations: Up to $400,000 of the appropriation in this section is provided solely for the department to contract, after a competitive bidding process, for the cleanup and remediation of the former Ruston Way tunnel.
Appropriation:
Cleanup Settlement Account—State............................... $12,146,000
Prior Biennia (Expenditures)........................................................... $0
Future Biennia (Projected Costs)..................................... $67,900,000
TOTAL.................................................... $80,046,000
NEW SECTION. Sec. 3067. FOR THE DEPARTMENT OF ECOLOGY
Cleanup Toxics Sites – Puget Sound (30000542)
Appropriation:
State Toxics Control Account—State............................. $15,000,000
Prior Biennia (Expenditures)........................................................... $0
Future Biennia (Projected Costs)..................................... $72,763,000
TOTAL.................................................... $87,763,000
NEW SECTION. Sec. 3068. FOR THE DEPARTMENT OF ECOLOGY
Water Irrigation Efficiencies Program (30000587)
The appropriation in this section is subject to the following conditions and limitations:
(1) The appropriation is provided solely for technical assistance and grants to conservation districts for the purpose of implementing water conservation measures and irrigation efficiencies. The department of ecology and the state conservation commission shall give preference in order of priority to projects located in the 16 fish critical basins, other water short basins, and basins with significant water resource and instream flow problems. Projects that are not within basins as described in this subsection are also eligible to receive funding.
(2) Conservation districts statewide are eligible for grants listed in subsection (1) of this section. A conservation district receiving funds shall manage each grant to ensure that a portion of the water saved by the water conservation measure or irrigation efficiency will be placed as a purchase or a lease in the trust water rights program to enhance instream flows. The proportion of saved water placed in the trust water rights program must be equal to the percentage of the public investment in the conservation measure or irrigation efficiency. The percentage of the public investment may not exceed eighty-five percent of the total cost of the conservation measure or irrigation efficiency.
(3) Up to $300,000 of the appropriation in this section may be allocated for the purchase and installation of flow meters that are implemented in cooperation with the Washington State Department of Fish and Wildlife fish screening program authorized under RCW 77.57.070.
Appropriation:
State Building Construction Account—State.................... $4,000,000
Prior Biennia (Expenditures)........................................................... $0
Future Biennia (Projected Costs)..................................... $16,000,000
TOTAL.................................................... $20,000,000
NEW SECTION. Sec. 3069. FOR THE DEPARTMENT OF ECOLOGY
Columbia River Water Supply Development Program (30000588)
The appropriations in this section are subject to the following conditions and limitations:
(1) $2,000,000 of the Columbia River basin water supply development account—state is provided solely for the Sullivan Lake water supply project to replace funds that were diverted to fund repairs to the Moses Lake irrigation and reclamation district dam.
(2) $2,000,000 of the Columbia River basin water supply development account—state is provided solely for water conservation projects identified in the coordinated water conservation plan prepared jointly by irrigation districts and the office of Columbia River.
(3) $1,000,000 of the Columbia River basin water supply development account—state is provided solely for Walla Walla integrated planning.
(4) $1,000,000 of the Columbia River basin water supply development account—state is provided solely for the Methow Valley irrigation district instream flow improvement project.
(5) $800,000 of the Columbia River basin water supply development account—state is provided solely for department costs for project management, oversight, technical assistance, financial management and administration related to implementing capital projects.
(6) $1,000,000 of the Columbia River basin water supply revenue recovery account—state is provided solely for water leased from the port of Walla Walla that will be provided by the office of Columbia River on a temporary permit basis to end users.
(7) $1,200,000 of the Columbia River basin water supply revenue recovery account—state is provided solely for a water service contract with the United States bureau of reclamation to provide water from Lake Roosevelt to end users.
Appropriation:
Columbia River Basin Water Supply Revenue Recovery
Account—State.......................................................... $2,200,000
Columbia River Basin Water Supply Development Account—
State........................................................................... $6,800,000
Subtotal Appropriation.............................. $9,000,000
Prior Biennia (Expenditures)........................................................... $0
Future Biennia (Projected Costs)..................................... $19,761,000
TOTAL.................................................... $28,761,000
NEW SECTION. Sec. 3070. FOR THE DEPARTMENT OF ECOLOGY
Sunnyside Valley Irrigation District Water Conservation (30000589)
Appropriation:
State Building Construction Account—State.................... $3,055,000
Prior Biennia (Expenditures)........................................................... $0
Future Biennia (Projected Costs)..................................... $15,600,000
TOTAL.................................................... $18,655,000
NEW SECTION. Sec. 3071. FOR THE DEPARTMENT OF ECOLOGY
Yakima River Basin Water Supply (30000590)
The appropriations in this section are subject to the following conditions and limitations:
(1) $2,200,000 of the state building construction account—state is provided solely for a fish habitat enhancement program to address mainstem and tributary habitat restoration priorities.
(2) $4,900,000 of the state taxable building construction account—bonds is provided solely for a downstream/upstream fish passage facility at the Cle Elum reservoir.
(3) $2,000,000 of the state taxable building construction account—bonds is provided solely for the Keechelus to Kachess pipeline.
(4) $2,900,000 of the state taxable building construction account—bonds is provided solely for the Kachess inactive storage project.
(5) $300,000 of the state taxable building construction account—bonds is provided solely for the Kittitas county aquifer storage and recovery project.
(6) $2,200,000 of the state building construction account—state is provided solely for agricultural conservation projects.
(7) $500,000 of the state building construction account—state is provided solely for water bank/exchange programs.
Appropriation:
State Building Construction Account—State.................... $4,900,000
State Taxable Building Construction
Account—State........................................................ $10,100,000
Subtotal Appropriation............................ $15,000,000
Prior Biennia (Expenditures)........................................... $32,100,000
Future Biennia (Projected Costs)................................... $120,000,000
TOTAL.................................................. $167,100,000
NEW SECTION. Sec. 3072. FOR THE DEPARTMENT OF ECOLOGY
Watershed Plan Implementation and Flow Achievement (30000591)
Appropriation:
State Building Construction Account—State.................... $8,000,000
Prior Biennia (Expenditures)........................................................... $0
Future Biennia (Projected Costs)..................................... $20,000,000
TOTAL.................................................... $28,000,000
NEW SECTION. Sec. 3073. FOR THE DEPARTMENT OF ECOLOGY
Habitat Mitigation (91000007)
Reappropriation:
State Building Construction Account—State.................... $3,051,000
Prior Biennia (Expenditures)............................................. $1,349,000
Future Biennia (Projected Costs)..................................................... $0
TOTAL...................................................... $4,400,000
NEW SECTION. Sec. 3074. FOR THE DEPARTMENT OF ECOLOGY
Clean Up Toxics Sites - Puget Sound (91000032)
Reappropriation:
State Toxics Control Account—State............................... $6,637,000
Prior Biennia (Expenditures)............................................. $2,633,000
Future Biennia (Projected Costs)..................................................... $0
TOTAL...................................................... $9,270,000
NEW SECTION. Sec. 3075. FOR THE DEPARTMENT OF ECOLOGY
FY 2012 Statewide Stormwater Grant Program (91000053)
Reappropriation:
Local Toxics Control Account—State............................ $14,789,000
Prior Biennia (Expenditures)............................................. $9,284,000
Future Biennia (Projected Costs)..................................................... $0
TOTAL.................................................... $24,073,000
NEW SECTION. Sec. 3076. FOR THE DEPARTMENT OF ECOLOGY
Stormwater Retrofit and LID Competitive Grants (91000054)
Reappropriation:
Local Toxics Control Account—State.............................. $6,952,000
Prior Biennia (Expenditures)............................................. $7,511,000
Future Biennia (Projected Costs)..................................................... $0
TOTAL.................................................... $14,463,000
NEW SECTION. Sec. 3077. FOR THE DEPARTMENT OF ECOLOGY
Skagit Mitigation (91000181)
Reappropriation:
State Building Construction Account—State.................... $1,423,000
Prior Biennia (Expenditures)................................................ $802,000
Future Biennia (Projected Costs)..................................................... $0
TOTAL...................................................... $2,225,000
NEW SECTION. Sec. 3078. FOR THE DEPARTMENT OF ECOLOGY
Protect Communities from Flood and Drought (92000002)
Reappropriation:
State Building Construction Account—State....................... $228,000
Prior Biennia (Expenditures)........................................... $14,747,000
Future Biennia (Projected Costs)..................................................... $0
TOTAL.................................................... $14,975,000
NEW SECTION. Sec. 3079. FOR THE DEPARTMENT OF ECOLOGY
Wastewater Treatment and Water Reclamation (92000041)
The reappropriation in this section is subject to the following conditions and limitations: The reappropriation is subject to the provisions of section 3016, chapter 36, Laws of 2010 1st sp. sess.
Reappropriation:
State Building Construction Account—State....................... $151,000
Prior Biennia (Expenditures)............................................. $3,279,000
Future Biennia (Projected Costs)..................................................... $0
TOTAL...................................................... $3,430,000
NEW SECTION. Sec. 3080. FOR THE DEPARTMENT OF ECOLOGY
Flood Levee Improvements (92000057)
The reappropriations in this section are subject to the following conditions and limitations: The reappropriations are subject to the provisions of section 503, chapter 1, Laws of 2012 2nd sp. sess.
Reappropriation:
State Building Construction Account—State....................... $301,000
Local Toxics Control Account—State.............................. $2,510,000
Subtotal Reappropriation........................... $2,811,000
Prior Biennia (Expenditures)............................................. $5,689,000
Future Biennia (Projected Costs)..................................................... $0
TOTAL...................................................... $8,500,000
NEW SECTION. Sec. 3081. FOR THE DEPARTMENT OF ECOLOGY
Ground Water Management Yakima Basin (92000061)
Reappropriation:
Columbia River Basin Water Supply Development Account—
State.............................................................................. $189,000
Prior Biennia (Expenditures)................................................ $261,000
Future Biennia (Projected Costs)..................................................... $0
TOTAL......................................................... $450,000
NEW SECTION. Sec. 3082. FOR THE DEPARTMENT OF ECOLOGY
Storm Water Improvements (92000076)
The reappropriation in this section is subject to the following conditions and limitations: The reappropriation is subject to the provisions of section 3081, chapter 19, Laws of 2013 2nd sp. sess.
Reappropriation:
Environmental Legacy Stewardship Account—State..... $91,456,000
Prior Biennia (Expenditures)............................................. $8,544,000
Future Biennia (Projected Costs)..................................................... $0
TOTAL.................................................. $100,000,000
NEW SECTION. Sec. 3083. FOR THE DEPARTMENT OF ECOLOGY
Floodplain Management and Control Grants (92000078)
The reappropriation in this section is subject to the following conditions and limitations: The reappropriation is subject to the provisions of section 3069, chapter 19, Laws of 2013 2nd sp. sess.
Reappropriation:
State Building Construction Account—State.................. $40,389,000
Prior Biennia (Expenditures)............................................. $9,611,000
Future Biennia (Projected Costs)..................................................... $0
TOTAL.................................................... $50,000,000
NEW SECTION. Sec. 3084. FOR THE DEPARTMENT OF ECOLOGY
Lower Yakima GWMA Program Development (92000085)
Reappropriation:
State Building Construction Account—State.................... $1,614,000
Prior Biennia (Expenditures)........................................................... $0
Future Biennia (Projected Costs)..................................................... $0
TOTAL...................................................... $1,614,000
NEW SECTION. Sec. 3085. FOR THE POLLUTION LIABILITY INSURANCE AGENCY
Underground Storage Tank Capital Program Demonstration and Design (30000001)
The appropriation in this section is subject to the following conditions and limitations:
(1) The appropriation in this section must be used for projects that provide a benefit to the public through removal, replacement or upgrade of underground storage tank fuel systems, retrofit existing systems to disperse renewable or alternative fuels, and cleanup of contamination caused by legacy petroleum releases. All projects must develop and acquire assets that have a useful life of at least thirteen years. These requirements must be specified in funding agreements issued by the agency.
(2)(a) $1,800,000 of the appropriation is provided solely to design a capital financial assistance program to provide underground storage tank owners and operators with financial resources to remove, replace or upgrade underground storage tank fuel systems, retrofit existing systems to disperse renewable or alternative fuels, and to clean up contamination caused by legacy petroleum releases.
(b) The design must:
(i) Assess options for program structure and administration, and develop a recommended program design, financial management plan and staffing model;
(ii) Include data and legal analysis of statewide need, availability of existing fund sources for grants and loans, assessment of owner and operator willingness to participate and potential environmental and economic impacts of the loan program.
(iii) As part of the program design, the agency must conduct a pilot demonstration of a capital grant program that includes three study sites with aging tanks, demonstrated impact to either soil or groundwater, or both, and serious financial hardship, as defined in chapter 374-60 WAC. Each study site may not cost more than $600,000.
(3) The agency shall conduct the study in consultation with the office of financial management, and internal and external agency stakeholders.
(4) The agency must provide a final report of the program design, as well as any associated legislative and budget recommendations, to the governor and legislature by October 1, 2015.
Appropriation:
Pollution Liability Insurance Program Trust
Account—State.......................................................... $1,800,000
Prior Biennia (Expenditures)........................................................... $0
Future Biennia (Projected Costs)..................................................... $0
TOTAL...................................................... $1,800,000
NEW SECTION. Sec. 3086. FOR THE STATE PARKS AND RECREATION COMMISSION
Dosewallips Wastewater Treatment System (30000523)
Reappropriation:
State Building Construction Account—State......................... $27,000
Prior Biennia (Expenditures)............................................. $4,505,000
Future Biennia (Projected Costs)..................................................... $0
TOTAL...................................................... $4,532,000
NEW SECTION. Sec. 3087. FOR THE STATE PARKS AND RECREATION COMMISSION
Lewis & Clark Replace Wastewater System (30000544)
Reappropriation:
State Building Construction Account—State....................... $695,000
Prior Biennia (Expenditures)................................................ $382,000
Future Biennia (Projected Costs)..................................................... $0
TOTAL...................................................... $1,077,000
NEW SECTION. Sec. 3088. FOR THE STATE PARKS AND RECREATION COMMISSION
Deception Pass - Kukutali Access and Interpretation (30000774)
Reappropriation:
State Building Construction Account—State....................... $161,000
Prior Biennia (Expenditures).................................................. $64,000
Future Biennia (Projected Costs)..................................................... $0
TOTAL......................................................... $225,000
NEW SECTION. Sec. 3089. FOR THE STATE PARKS AND RECREATION COMMISSION
Flaming Geyser State Park Infrastructure (30000810)
Reappropriation:
State Building Construction Account—State....................... $848,000
Prior Biennia (Expenditures)................................................ $477,000
Future Biennia (Projected Costs)..................................................... $0
TOTAL...................................................... $1,325,000
NEW SECTION. Sec. 3090. FOR THE STATE PARKS AND RECREATION COMMISSION
Millersylvania Replace Environmental Learning Center Cabins (30000821)
Reappropriation:
State Building Construction Account—State....................... $481,000
Prior Biennia (Expenditures)................................................ $608,000
Future Biennia (Projected Costs)..................................................... $0
TOTAL...................................................... $1,089,000
NEW SECTION. Sec. 3091. FOR THE STATE PARKS AND RECREATION COMMISSION
Minor Works - Facility and Infrastructure Preservation (30000845)
Reappropriation:
State Building Construction Account—State.................... $1,797,000
Prior Biennia (Expenditures)............................................. $8,203,000
Future Biennia (Projected Costs)..................................................... $0
TOTAL.................................................... $10,000,000
NEW SECTION. Sec. 3092. FOR THE STATE PARKS AND RECREATION COMMISSION
Wallace Falls Footbridge (91000047)
Reappropriation:
State Building Construction Account—State....................... $150,000
Prior Biennia (Expenditures)................................................ $336,000
Future Biennia (Projected Costs)..................................................... $0
TOTAL......................................................... $486,000
NEW SECTION. Sec. 3093. FOR THE STATE PARKS AND RECREATION COMMISSION
Spencer Spit Water System Replacement (30000140)
Reappropriation:
State Building Construction Account—State....................... $695,000
Prior Biennia (Expenditures)................................................ $288,000
Future Biennia (Projected Costs)..................................................... $0
TOTAL......................................................... $983,000
NEW SECTION. Sec. 3094. FOR THE STATE PARKS AND RECREATION COMMISSION
Fort Worden - Housing Areas Exterior Improvements (30000287)
Appropriation:
State Building Construction Account—State....................... $500,000
Prior Biennia (Expenditures)........................................................... $0
Future Biennia (Projected Costs)....................................... $2,858,000
TOTAL...................................................... $3,358,000
NEW SECTION. Sec. 3095. FOR THE STATE PARKS AND RECREATION COMMISSION
Mount Spokane Road Improvements, Stage 2D (30000693)
Appropriation:
State Building Construction Account—State.................... $2,400,000
Prior Biennia (Expenditures)........................................................... $0
Future Biennia (Projected Costs)..................................................... $0
TOTAL...................................................... $2,400,000
NEW SECTION. Sec. 3096. FOR THE STATE PARKS AND RECREATION COMMISSION
Camano Island Day Use Access and Facility Renovation (30000782)
Reappropriation:
State Building Construction Account—State....................... $107,000
Appropriation:
State Building Construction Account—State.................... $1,212,000
Prior Biennia (Expenditures)................................................ $194,000
Future Biennia (Projected Costs)..................................................... $0
TOTAL...................................................... $1,513,000
NEW SECTION. Sec. 3097. FOR THE STATE PARKS AND RECREATION COMMISSION
Belfair Replace Failing Electrical Supply to Main Camp Loop (30000813)
Appropriation:
State Building Construction Account—State.................... $1,180,000
Prior Biennia (Expenditures)........................................................... $0
Future Biennia (Projected Costs)..................................................... $0
TOTAL...................................................... $1,180,000
NEW SECTION. Sec. 3098. FOR THE STATE PARKS AND RECREATION COMMISSION
Fort Flagler - Replace Failing Electrical Power Historic District (30000815)
Appropriation:
State Building Construction Account—State.................... $1,173,000
Prior Biennia (Expenditures)........................................................... $0
Future Biennia (Projected Costs)..................................................... $0
TOTAL...................................................... $1,173,000
NEW SECTION. Sec. 3099. FOR THE STATE PARKS AND RECREATION COMMISSION
Kopachuck Day Use Development (30000820)
Reappropriation:
State Building Construction Account—State......................... $10,000
Appropriation:
State Building Construction Account—State.................... $1,341,000
Prior Biennia (Expenditures)................................................ $309,000
Future Biennia (Projected Costs)..................................................... $0
TOTAL...................................................... $1,660,000
NEW SECTION. Sec. 3100. FOR THE STATE PARKS AND RECREATION COMMISSION
Flaming Geyser Day Use Renovation (30000832)
Reappropriation:
State Building Construction Account—State....................... $642,000
Prior Biennia (Expenditures)................................................ $360,000
Future Biennia (Projected Costs)..................................................... $0
TOTAL...................................................... $1,002,000
NEW SECTION. Sec. 3101. FOR THE STATE PARKS AND RECREATION COMMISSION
Minor Works - Health and Safety (30000839)
Appropriation:
State Building Construction Account—State.................... $5,160,000
Prior Biennia (Expenditures)........................................................... $0
Future Biennia (Projected Costs)..................................................... $0
TOTAL...................................................... $5,160,000
NEW SECTION. Sec. 3102. FOR THE STATE PARKS AND RECREATION COMMISSION
Twanoh State Park Stormwater Improvements (30000851)
Reappropriation:
State Building Construction Account—State....................... $160,000
Prior Biennia (Expenditures)................................................ $194,000
Future Biennia (Projected Costs)..................................................... $0
TOTAL......................................................... $354,000
NEW SECTION. Sec. 3103. FOR THE STATE PARKS AND RECREATION COMMISSION
Rocky Reach - Trail Development (30000853)
Reappropriation:
State Building Construction Account—State....................... $535,000
Prior Biennia (Expenditures)............................................. $3,220,000
Future Biennia (Projected Costs)..................................................... $0
TOTAL...................................................... $3,755,000
NEW SECTION. Sec. 3104. FOR THE STATE PARKS AND RECREATION COMMISSION
Fish Barrier Removal (30000854)
Reappropriation:
State Building Construction Account—State....................... $767,000
Prior Biennia (Expenditures)................................................ $281,000
Future Biennia (Projected Costs)..................................................... $0
TOTAL...................................................... $1,048,000
NEW SECTION. Sec. 3105. FOR THE STATE PARKS AND RECREATION COMMISSION
Clean Vessel Boating Pump-Out Grants (30000856)
Appropriation:
General Fund—Federal..................................................... $2,600,000
Prior Biennia (Expenditures)............................................. $2,600,000
Future Biennia (Projected Costs)..................................... $10,400,000
TOTAL.................................................... $15,600,000
NEW SECTION. Sec. 3106. FOR THE STATE PARKS AND RECREATION COMMISSION
Local Grant Authority (30000857)
Appropriation:
Parks Renewal and Stewardship Account—Private/Local $1,000,000
Prior Biennia (Expenditures)............................................. $1,200,000
Future Biennia (Projected Costs)....................................... $4,000,000
TOTAL...................................................... $6,200,000
NEW SECTION. Sec. 3107. FOR THE STATE PARKS AND RECREATION COMMISSION
Federal Grant Authority (30000858)
Appropriation:
General Fund—Federal........................................................ $750,000
Prior Biennia (Expenditures)............................................. $1,750,000
Future Biennia (Projected Costs)....................................... $3,000,000
TOTAL...................................................... $5,500,000
NEW SECTION. Sec. 3108. FOR THE STATE PARKS AND RECREATION COMMISSION
Sequim Bay Address Failing Retaining Wall (30000861)
Appropriation:
State Building Construction Account—State.................... $1,122,000
Prior Biennia (Expenditures)........................................................... $0
Future Biennia (Projected Costs)..................................................... $0
TOTAL...................................................... $1,122,000
NEW SECTION. Sec. 3109. FOR THE STATE PARKS AND RECREATION COMMISSION
Mount Spokane - Nordic Area Improvements and Horse Camp Development (30000877)
Appropriation:
State Building Construction Account—State.................... $6,042,000
Prior Biennia (Expenditures)........................................................... $0
Future Biennia (Projected Costs)..................................................... $0
TOTAL...................................................... $6,042,000
NEW SECTION. Sec. 3110. FOR THE STATE PARKS AND RECREATION COMMISSION
Statewide - Cabins, Yurts, and Associated Park Improvement (30000883)
Appropriation:
State Building Construction Account—State.................... $1,153,000
Prior Biennia (Expenditures)........................................................... $0
Future Biennia (Projected Costs)..................................................... $0
TOTAL...................................................... $1,153,000
NEW SECTION. Sec. 3111. FOR THE STATE PARKS AND RECREATION COMMISSION
Fish Barrier Removal (Lawsuit) (30000944)
Appropriation:
State Building Construction Account—State.................... $2,034,000
Prior Biennia (Expenditures)........................................................... $0
Future Biennia (Projected Costs)..................................................... $0
TOTAL...................................................... $2,034,000
NEW SECTION. Sec. 3112. FOR THE STATE PARKS AND RECREATION COMMISSION
Statewide - Facility and Infrastructure Backlog Reduction (30000946)
Appropriation:
State Building Construction Account—State.................... $6,000,000
Prior Biennia (Expenditures)........................................................... $0
Future Biennia (Projected Costs)..................................... $18,000,000
TOTAL.................................................... $24,000,000
NEW SECTION. Sec. 3113. FOR THE STATE PARKS AND RECREATION COMMISSION
Fort Flagler - WWI Historic Facilities Preservation (30000100)
Appropriation:
State Building Construction Account—State.................... $5,970,000
Prior Biennia (Expenditures)........................................................... $0
Future Biennia (Projected Costs)..................................................... $0
TOTAL...................................................... $5,970,000
NEW SECTION. Sec. 3114. FOR THE STATE PARKS AND RECREATION COMMISSION
Riverside Fisk Property Lake Spokane (Long Lake) Initial Park Access (30000971)
Appropriation:
State Building Construction Account—State.................... $1,072,000
Prior Biennia (Expenditures)........................................................... $0
Future Biennia (Projected Costs)..................................................... $0
TOTAL...................................................... $1,072,000
NEW SECTION. Sec. 3115. FOR THE STATE PARKS AND RECREATION COMMISSION
Minor Works - Facilities and Infrastructures (30000947)
Appropriation:
State Building Construction Account—State.................. $11,117,000
Prior Biennia (Expenditures)........................................................... $0
Future Biennia (Projected Costs).......................................... $250,000
TOTAL.................................................... $11,367,000
NEW SECTION. Sec. 3116. FOR THE STATE PARKS AND RECREATION COMMISSION
Steamboat Rock - Replace Failing Sewage Lift Stations (30000948)
Appropriation:
State Building Construction Account—State.................... $1,229,000
Prior Biennia (Expenditures)........................................................... $0
Future Biennia (Projected Costs)..................................................... $0
TOTAL...................................................... $1,229,000
NEW SECTION. Sec. 3117. FOR THE STATE PARKS AND RECREATION COMMISSION
Mount Spokane - Maintenance Facility Relocation from Harms Way (30000959)
Appropriation:
State Building Construction Account—State.................... $2,557,000
Prior Biennia (Expenditures)........................................................... $0
Future Biennia (Projected Costs)..................................................... $0
TOTAL...................................................... $2,557,000
NEW SECTION. Sec. 3118. FOR THE STATE PARKS AND RECREATION COMMISSION
Parkland Acquisition (30000976)
The appropriation in this section is subject to the following conditions and limitations: $225,000 or thereabouts must be used for the purchase of Young Island.
Appropriation:
Parkland Acquisition Account—State............................... $2,000,000
Prior Biennia (Expenditures)........................................................... $0
Future Biennia (Projected Costs)....................................... $8,000,000
TOTAL.................................................... $10,000,000
NEW SECTION. Sec. 3119. FOR THE STATE PARKS AND RECREATION COMMISSION
Backlog Repairs and Enhanced Amenities (92000007)
Reappropriation:
State Building Construction Account—State....................... $794,000
Prior Biennia (Expenditures)............................................. $8,610,000
Future Biennia (Projected Costs)..................................................... $0
TOTAL...................................................... $9,404,000
NEW SECTION. Sec. 3120. FOR THE RECREATION AND CONSERVATION FUNDING BOARD
Washington Wildlife Recreation Grants (20084011)
The reappropriations in this section are subject to the following conditions and limitations: The reappropriations are subject to the provisions of section 3146, chapter 520, Laws of 2007.
Reappropriation:
Outdoor Recreation Account—State.................................... $291,000
Habitat Conservation Account—State.............................. $2,523,000
Subtotal Reappropriation........................... $2,814,000
Prior Biennia (Expenditures)........................................... $95,678,000
Future Biennia (Projected Costs)..................................................... $0
TOTAL.................................................... $98,492,000
NEW SECTION. Sec. 3121. FOR THE RECREATION AND CONSERVATION FUNDING BOARD
Salmon Recovery Funding Board Programs (20084851)
Reappropriation:
State Building Construction Account—State....................... $639,000
Prior Biennia (Expenditures)........................................... $59,361,000
Future Biennia (Projected Costs)..................................................... $0
TOTAL.................................................... $60,000,000
NEW SECTION. Sec. 3122. FOR THE RECREATION AND CONSERVATION FUNDING BOARD
Washington Wildlife Recreation Grants (30000002)
Reappropriation:
Farmlands Preservation Account—State.............................. $257,000
Outdoor Recreation Account—State.................................... $307,000
Riparian Protection Account—State.................................... $911,000
Habitat Conservation Account—State.............................. $3,672,000
Subtotal Reappropriation........................... $5,147,000
Prior Biennia (Expenditures)........................................... $64,298,000
Future Biennia (Projected Costs)..................................................... $0
TOTAL.................................................... $69,445,000
NEW SECTION. Sec. 3123. FOR THE RECREATION AND CONSERVATION FUNDING BOARD
Puget Sound Acquisition and Restoration (30000080)
Reappropriation:
State Building Construction Account—State....................... $366,000
Prior Biennia (Expenditures)........................................... $32,634,000
Future Biennia (Projected Costs)..................................................... $0
TOTAL.................................................... $33,000,000
NEW SECTION. Sec. 3124. FOR THE RECREATION AND CONSERVATION FUNDING BOARD
Boating Facilities Program (30000138)
Reappropriation:
Recreation Resources Account—State.............................. $1,589,000
Prior Biennia (Expenditures)............................................. $6,411,000
Future Biennia (Projected Costs)..................................................... $0
TOTAL...................................................... $8,000,000
NEW SECTION. Sec. 3125. FOR THE RECREATION AND CONSERVATION FUNDING BOARD
Washington Wildlife Recreation Grants (30000139)
The reappropriations in this section are subject to the following conditions and limitations: The reappropriations are provided solely for the list of projects in LEAP capital document No. 2011-3A, developed May 24, 2011.
Reappropriation:
Farmlands Preservation Account—State.............................. $195,000
Outdoor Recreation Account—State................................. $3,694,000
Habitat Conservation Account—State.............................. $3,985,000
Subtotal Reappropriation........................... $7,874,000
Prior Biennia (Expenditures)........................................... $34,126,000
Future Biennia (Projected Costs)..................................................... $0
TOTAL.................................................... $42,000,000
NEW SECTION. Sec. 3126. FOR THE RECREATION AND CONSERVATION FUNDING BOARD
Salmon Recovery Funding Board Programs (30000140)
Reappropriation:
State Building Construction Account—State.................... $3,497,000
General Fund—Federal................................................... $23,169,000
Subtotal Reappropriation......................... $26,666,000
Prior Biennia (Expenditures)........................................... $43,396,000
Future Biennia (Projected Costs)..................................................... $0
TOTAL.................................................... $70,062,000
NEW SECTION. Sec. 3127. FOR THE RECREATION AND CONSERVATION FUNDING BOARD
Land and Water Conservation Fund (30000142)
Reappropriation:
General Fund—Federal..................................................... $1,313,000
Prior Biennia (Expenditures)............................................. $2,687,000
Future Biennia (Projected Costs)..................................................... $0
TOTAL...................................................... $4,000,000
NEW SECTION. Sec. 3128. FOR THE RECREATION AND CONSERVATION FUNDING BOARD
Aquatic Lands Enhancement Account (30000143)
The reappropriation in this section is subject to the following conditions and limitations: The reappropriation is provided solely for the list of projects in LEAP capital document No. 2011-3B, revised April 10, 2013.
Reappropriation:
Aquatic Lands Enhancement Account—State..................... $845,000
Prior Biennia (Expenditures)............................................. $5,616,000
Future Biennia (Projected Costs)..................................................... $0
TOTAL...................................................... $6,461,000
NEW SECTION. Sec. 3129. FOR THE RECREATION AND CONSERVATION FUNDING BOARD
Recreational Trails Program (30000146)
Reappropriation:
General Fund—Federal..................................................... $1,328,000
Prior Biennia (Expenditures)............................................. $3,672,000
Future Biennia (Projected Costs)..................................................... $0
TOTAL...................................................... $5,000,000
NEW SECTION. Sec. 3130. FOR THE RECREATION AND CONSERVATION FUNDING BOARD
Puget Sound Restoration (30000147)
The reappropriation in this section is subject to the following conditions and limitations: The reappropriation may not be expended on the acquisition of lands by state agencies.
Reappropriation:
State Building Construction Account—State.................... $2,975,000
Prior Biennia (Expenditures)........................................... $12,025,000
Future Biennia (Projected Costs)..................................................... $0
TOTAL.................................................... $15,000,000
NEW SECTION. Sec. 3131. FOR THE RECREATION AND CONSERVATION FUNDING BOARD
Puget Sound Estuary and Salmon Restoration Program (30000148)
The reappropriation in this section is subject to the following conditions and limitations: The reappropriation may not be expended on the acquisition of lands by state agencies.
Reappropriation:
State Building Construction Account—State....................... $560,000
Prior Biennia (Expenditures)............................................. $4,440,000
Future Biennia (Projected Costs)..................................................... $0
TOTAL...................................................... $5,000,000
NEW SECTION. Sec. 3132. FOR THE RECREATION AND CONSERVATION FUNDING BOARD
Washington Wildlife Recreation Grants (30000205)
The reappropriations in this section are subject to the following conditions and limitations: The reappropriations are subject to the provisions of section 3161, chapter 19, Laws of 2013 2nd sp. sess.
Reappropriation:
Farmlands Preservation Account—State........................... $3,218,000
Riparian Protection Account—State................................. $4,973,000
Habitat Conservation Account—State............................ $14,918,000
Outdoor Recreation Account—State............................... $14,918,000
Subtotal Reappropriation......................... $38,027,000
Prior Biennia (Expenditures)........................................... $26,973,000
Future Biennia (Projected Costs)..................................................... $0
TOTAL.................................................... $65,000,000
NEW SECTION. Sec. 3133. FOR THE RECREATION AND CONSERVATION FUNDING BOARD
Salmon Recovery Funding Board Programs (30000206)
The reappropriations in this section are subject to the following conditions and limitations: The reappropriations are subject to the provisions of section 3162, chapter 19, Laws of 2013 2nd sp. sess.
Reappropriation:
State Building Construction Account—State.................... $7,886,000
General Fund—Federal................................................... $37,278,000
Subtotal Reappropriation......................... $45,164,000
Prior Biennia (Expenditures)........................................... $29,836,000
Future Biennia (Projected Costs)..................................................... $0
TOTAL.................................................... $75,000,000
NEW SECTION. Sec. 3134. FOR THE RECREATION AND CONSERVATION FUNDING BOARD
Boating Facilities Program (30000207)
Reappropriation:
Recreation Resources Account—State.............................. $3,309,000
Prior Biennia (Expenditures)............................................. $3,054,000
Future Biennia (Projected Costs)..................................................... $0
TOTAL...................................................... $6,363,000
NEW SECTION. Sec. 3135. FOR THE RECREATION AND CONSERVATION FUNDING BOARD
Nonhighway Off-Road Vehicle Activities (30000208)
Reappropriation:
NOVA Program Account—State...................................... $5,100,000
Prior Biennia (Expenditures)............................................. $3,400,000
Future Biennia (Projected Costs)..................................................... $0
TOTAL...................................................... $8,500,000
NEW SECTION. Sec. 3136. FOR THE RECREATION AND CONSERVATION FUNDING BOARD
Aquatic Lands Enhancement Account (30000210)
The reappropriation in this section is subject to the following conditions and limitations: The reappropriation in this section is provided solely for the list of projects in LEAP capital document No. 2013-2B, developed April 10, 2013.
Reappropriation:
Aquatic Lands Enhancement Account—State.................. $3,900,000
Prior Biennia (Expenditures)............................................. $2,100,000
Future Biennia (Projected Costs)..................................................... $0
TOTAL...................................................... $6,000,000
NEW SECTION. Sec. 3137. FOR THE RECREATION AND CONSERVATION FUNDING BOARD
Puget Sound Acquisition and Restoration (30000211)
Reappropriation:
State Building Construction Account—State.................. $44,058,000
Prior Biennia (Expenditures)........................................... $25,942,000
Future Biennia (Projected Costs)..................................................... $0
TOTAL.................................................... $70,000,000
NEW SECTION. Sec. 3138. FOR THE RECREATION AND CONSERVATION FUNDING BOARD
Puget Sound Estuary and Salmon Restoration Program (30000212)
Reappropriation:
State Building Construction Account—State.................... $5,500,000
Prior Biennia (Expenditures)............................................. $4,500,000
Future Biennia (Projected Costs)..................................................... $0
TOTAL.................................................... $10,000,000
NEW SECTION. Sec. 3139. FOR THE RECREATION AND CONSERVATION FUNDING BOARD
Firearms and Archery Range Recreation (30000213)
The reappropriation in this section is subject to the following conditions and limitations: The reappropriation is subject to the provisions of section 3168, chapter 19, Laws of 2013 2nd sp. sess.
Reappropriation:
Firearms Range Account—State.......................................... $315,000
Prior Biennia (Expenditures)................................................ $485,000
Future Biennia (Projected Costs)..................................................... $0
TOTAL......................................................... $800,000
NEW SECTION. Sec. 3140. FOR THE RECREATION AND CONSERVATION FUNDING BOARD
Recreational Trails Program (30000214)
Reappropriation:
General Fund—Federal..................................................... $1,500,000
Prior Biennia (Expenditures)............................................. $3,500,000
Future Biennia (Projected Costs)..................................................... $0
TOTAL...................................................... $5,000,000
NEW SECTION. Sec. 3141. FOR THE RECREATION AND CONSERVATION FUNDING BOARD
Boating Infrastructure Grants (30000215)
Reappropriation:
General Fund—Federal........................................................ $880,000
Prior Biennia (Expenditures)............................................. $1,320,000
Future Biennia (Projected Costs)..................................................... $0
TOTAL...................................................... $2,200,000
NEW SECTION. Sec. 3142. FOR THE RECREATION AND CONSERVATION FUNDING BOARD
Land and Water Conservation (30000216)
Reappropriation:
General Fund—Federal..................................................... $3,400,000
Prior Biennia (Expenditures)................................................ $600,000
Future Biennia (Projected Costs)..................................................... $0
TOTAL...................................................... $4,000,000
NEW SECTION. Sec. 3143. FOR THE RECREATION AND CONSERVATION FUNDING BOARD
Family Forest Fish Passage Program (30000218)
Reappropriation:
State Building Construction Account—State....................... $990,000
Prior Biennia (Expenditures)............................................. $1,010,000
Future Biennia (Projected Costs)..................................................... $0
TOTAL...................................................... $2,000,000
NEW SECTION. Sec. 3144. FOR THE RECREATION AND CONSERVATION FUNDING BOARD
Washington Wildlife Recreation Grants (30000220)
The appropriations in this section are subject to the following conditions and limitations: The appropriations in this section are provided solely for the list of projects in LEAP capital document No. 2015-2, developed March 27, 2015.
Appropriation:
Farmlands Preservation Account—State........................... $6,500,000
Riparian Protection Account—State............................... $12,500,000
Habitat Conservation Account—State............................ $28,000,000
Outdoor Recreation Account—State............................... $28,000,000
Subtotal Appropriation............................ $75,000,000
Prior Biennia (Expenditures)........................................................... $0
Future Biennia (Projected Costs)................................... $300,000,000
TOTAL.................................................. $375,000,000
NEW SECTION. Sec. 3145. FOR THE RECREATION AND CONSERVATION FUNDING BOARD
Salmon Recovery Funding Board Programs (30000221)
The appropriation in this section is subject to the following conditions and limitations: $500,000 of the state building construction account—state appropriation is provided solely for the city of Bothell to preserve the Wayne golf course land, situated along the Sammamish river and Burke-Gilman trail, for fish habitat.
Appropriation:
State Building Construction Account—State.................. $40,000,000
General Fund—Federal................................................... $60,000,000
Subtotal Appropriation.......................... $100,000,000
Prior Biennia (Expenditures)........................................................... $0
Future Biennia (Projected Costs)................................... $400,000,000
TOTAL.................................................. $500,000,000
NEW SECTION. Sec. 3146. FOR THE RECREATION AND CONSERVATION FUNDING BOARD
Boating Facilities Program (30000222)
Appropriation:
Recreation Resources Account—State.............................. $9,360,000
Prior Biennia (Expenditures)........................................................... $0
Future Biennia (Projected Costs)..................................... $37,800,000
TOTAL.................................................... $47,160,000
NEW SECTION. Sec. 3147. FOR THE RECREATION AND CONSERVATION FUNDING BOARD
Nonhighway Off-Road Vehicle Activities (30000223)
Appropriation:
NOVA Program Account—State...................................... $8,670,000
Prior Biennia (Expenditures)........................................................... $0
Future Biennia (Projected Costs)..................................... $34,770,000
TOTAL.................................................... $43,440,000
NEW SECTION. Sec. 3148. FOR THE RECREATION AND CONSERVATION FUNDING BOARD
Youth Athletic Facilities (30000224)
Appropriation:
State Building Construction Account—State.................... $3,000,000
Prior Biennia (Expenditures)........................................................... $0
Future Biennia (Projected Costs)..................................... $12,000,000
TOTAL.................................................... $15,000,000
NEW SECTION. Sec. 3149. FOR THE RECREATION AND CONSERVATION FUNDING BOARD
Aquatic Lands Enhancement Account (30000225)
The appropriation in this section is subject to the following conditions and limitations: The appropriation in this section is provided solely for the list of projects in LEAP capital document No. 2015-3, developed March 27, 2015.
Appropriation:
Aquatic Lands Enhancement Account—State.................. $5,000,000
State Building Construction Account—State.................... $4,500,000
Subtotal Appropriation.............................. $9,500,000
Prior Biennia (Expenditures)........................................................... $0
Future Biennia (Projected Costs)..................................... $26,400,000
TOTAL.................................................... $35,900,000
NEW SECTION. Sec. 3150. FOR THE RECREATION AND CONSERVATION FUNDING BOARD
Puget Sound Acquisition and Restoration (30000226)
Appropriation:
State Building Construction Account—State.................. $40,000,000
Prior Biennia (Expenditures)........................................................... $0
Future Biennia (Projected Costs)................................... $160,000,000
TOTAL.................................................. $200,000,000
NEW SECTION. Sec. 3151. FOR THE RECREATION AND CONSERVATION FUNDING BOARD
Puget Sound Estuary and Salmon Restoration Program (30000227)
Appropriation:
State Building Construction Account—State.................. $10,000,000
Prior Biennia (Expenditures)........................................................... $0
Future Biennia (Projected Costs)..................................... $40,000,000
TOTAL.................................................... $50,000,000
NEW SECTION. Sec. 3152. FOR THE RECREATION AND CONSERVATION FUNDING BOARD
Firearms and Archery Range Recreation (30000228)
Appropriation:
Firearms Range Account—State.......................................... $580,000
Prior Biennia (Expenditures)........................................................... $0
Future Biennia (Projected Costs)....................................... $2,320,000
TOTAL...................................................... $2,900,000
NEW SECTION. Sec. 3153. FOR THE RECREATION AND CONSERVATION FUNDING BOARD
Recreational Trails Program (30000229)
Appropriation:
General Fund—Federal..................................................... $5,000,000
Prior Biennia (Expenditures)........................................................... $0
Future Biennia (Projected Costs)..................................... $20,000,000
TOTAL.................................................... $25,000,000
NEW SECTION. Sec. 3154. FOR THE RECREATION AND CONSERVATION FUNDING BOARD
Boating Infrastructure Grants (30000230)
Appropriation:
General Fund—Federal..................................................... $2,200,000
Prior Biennia (Expenditures)........................................................... $0
Future Biennia (Projected Costs)....................................... $8,800,000
TOTAL.................................................... $11,000,000
NEW SECTION. Sec. 3155. FOR THE RECREATION AND CONSERVATION FUNDING BOARD
Land and Water Conservation (30000231)
Appropriation:
General Fund—Federal..................................................... $4,000,000
Prior Biennia (Expenditures)........................................................... $0
Future Biennia (Projected Costs)..................................... $16,000,000
TOTAL.................................................... $20,000,000
NEW SECTION. Sec. 3156. FOR THE RECREATION AND CONSERVATION FUNDING BOARD
Family Forest Fish Passage Program (30000233)
Appropriation:
State Building Construction Account—State.................... $5,000,000
Prior Biennia (Expenditures)........................................................... $0
Future Biennia (Projected Costs)..................................... $20,000,000
TOTAL.................................................... $25,000,000
NEW SECTION. Sec. 3157. FOR THE RECREATION AND CONSERVATION FUNDING BOARD
Family Forest Fish Passage Program (91000097)
Reappropriation:
State Toxics Control Account—State............................... $1,118,000
Prior Biennia (Expenditures)............................................. $8,882,000
Future Biennia (Projected Costs)..................................................... $0
TOTAL.................................................... $10,000,000
NEW SECTION. Sec. 3158. FOR THE RECREATION AND CONSERVATION FUNDING BOARD
Coastal Restoration Grants (91000448)
The appropriation in this section is subject to the following conditions and limitations: The appropriation is provided solely for the following list of projects:
Project |
Authorized Amount |
Black river watershed conservation and restoration |
$650,000 |
Cathlamet selective fisheries |
$300,000 |
Coal creek culvert to bridge |
$162,000 |
Darlin creek conservation and restoration |
$1,300,000 |
Ellsworth creek watershed restoration |
$950,000 |
Greenhead slough barrier removal |
$75,000 |
Improved gears for the lower Columbia fishery |
$200,000 |
Lower Forks creek restoration |
$2,150,000 |
Makah tribe salmon restoration |
$174,000 |
Middle fork Hoquiam culvert correction |
$76,000 |
Middle fork Satsop culvert correction |
$97,000 |
Pulling together: Jobs in restoration |
$550,000 |
Quinault nearshore habitat restoration |
$343,000 |
Restoration of Elochoman and Grays river basins |
$535,000 |
Restoration of prairies and wetlands |
$200,000 |
Satsop river watershed restoration |
$150,000 |
Scammon creek barrier removal |
$188,000 |
West fork Satsop culvert correction |
$96,000 |
Total |
$8,196,000 |
Appropriation:
State Building Construction Account—State.................... $8,196,000
Prior Biennia (Expenditures)........................................................... $0
Future Biennia (Projected Costs)..................................................... $0
TOTAL...................................................... $8,196,000
NEW SECTION. Sec. 3159. FOR THE RECREATION AND CONSERVATION FUNDING BOARD
Youth Recreation Grants (92000055)
The reappropriation in this section is subject to the following conditions and limitations: The reappropriation is subject to the provisions of section 3173, chapter 19, Laws of 2013, 2nd sp. sess.
Reappropriation:
State Building Construction Account—State.................... $1,942,000
Prior Biennia (Expenditures)............................................. $1,688,000
Future Biennia (Projected Costs)..................................................... $0
TOTAL...................................................... $3,630,000
NEW SECTION. Sec. 3160. FOR THE STATE CONSERVATION COMMISSION
CREP Riparian Cost Share - State Match (30000009)
Reappropriation:
State Building Construction Account—State....................... $800,000
Appropriation:
State Building Construction Account—State.................... $2,600,000
Prior Biennia (Expenditures)............................................. $1,790,000
Future Biennia (Projected Costs)..................................... $11,400,000
TOTAL.................................................... $16,590,000
NEW SECTION. Sec. 3161. FOR THE STATE CONSERVATION COMMISSION
Natural Resources Investment for the Economy and Environment (30000010)
The appropriation in this section is subject to the following conditions and limitations: The appropriation is provided solely for grants to complete natural resource enhancement projects necessary to improve water quality in nonshellfish growing areas.
Reappropriation:
General Fund—Federal..................................................... $1,000,000
State Building Construction Account—State.................... $1,250,000
Subtotal Reappropriation........................... $2,250,000
Appropriation:
State Building Construction Account—State.................... $4,000,000
Prior Biennia (Expenditures)............................................. $7,750,000
Future Biennia (Projected Costs)..................................................... $0
TOTAL.................................................... $14,000,000
NEW SECTION. Sec. 3162. FOR THE STATE CONSERVATION COMMISSION
CREP PIP Loan Program (30000011)
Reappropriation:
Conservation Assistance Revolving Account—State.......... $150,000
Prior Biennia (Expenditures).................................................. $30,000
Future Biennia (Projected Costs).......................................... $400,000
TOTAL......................................................... $580,000
NEW SECTION. Sec. 3163. FOR THE STATE CONSERVATION COMMISSION
CREP Riparian Contract Funding (30000012)
Reappropriation:
State Building Construction Account—State....................... $500,000
Appropriation:
State Building Construction Account—State.................... $1,000,000
Prior Biennia (Expenditures)............................................. $1,731,000
Future Biennia (Projected Costs)....................................... $8,924,000
TOTAL.................................................... $12,155,000
NEW SECTION. Sec. 3164. FOR THE STATE CONSERVATION COMMISSION
Match for Federal RCPP Program (30000017)
The appropriations in this section are subject to the following conditions and limitations:
(1) The general fund—federal appropriation is provided solely for implementation of the five conservation projects in Washington state approved for grant awards as part of the United States department of agriculture regional conservation partnership program authorized under the 2014 farm bill:
(a) Palouse river watershed implementation partnership;
(b) Precision conservation for salmon and water quality in the Puget Sound;
(c) Upper Columbia irrigation enhancement project;
(d) Yakama nation on-reservation lower Yakima basin restoration project; and
(e) Confederated tribes of the Colville reservation water quality and habitat improvement project.
(2) The state building construction account—state appropriation is provided solely for state match to the United States department of agriculture regional conservation partnership program.
Appropriation:
State Building Construction Account—State.................... $5,000,000
General Fund—Federal................................................... $23,000,000
Subtotal Appropriation............................ $28,000,000
Prior Biennia (Expenditures)........................................................... $0
Future Biennia (Projected Costs)..................................................... $0
TOTAL.................................................... $28,000,000
NEW SECTION. Sec. 3165. FOR THE STATE CONSERVATION COMMISSION
Improve Shellfish Growing Areas (30000018)
The appropriation in this section is subject to the following conditions and limitations: The appropriation is provided solely for grants to complete natural resource enhancement projects necessary to improve water quality in shellfish growing areas.
Appropriation:
State Building Construction Account—State.................... $4,000,000
Prior Biennia (Expenditures)........................................................... $0
Future Biennia (Projected Costs)..................................... $16,000,000
TOTAL.................................................... $20,000,000
NEW SECTION. Sec. 3166. FOR THE DEPARTMENT OF FISH AND WILDLIFE
Deschutes Watershed Center (20062008)
The reappropriation in this section is subject to the following conditions and limitations: The reappropriation is subject to the provisions of section 3205, chapter 19, Laws of 2013 2nd sp. sess.
Reappropriation:
State Building Construction Account—State.................... $7,004,000
Appropriation:
State Building Construction Account—State.................. $10,000,000
Prior Biennia (Expenditures)............................................. $3,491,000
Future Biennia (Projected Costs)..................................... $21,454,000
TOTAL.................................................... $41,949,000
NEW SECTION. Sec. 3167. FOR THE DEPARTMENT OF FISH AND WILDLIFE
Voights Creek Hatchery (20081003)
Reappropriation:
State Building Construction Account—State.................... $3,398,000
Prior Biennia (Expenditures)........................................... $11,899,000
Future Biennia (Projected Costs)..................................................... $0
TOTAL.................................................... $15,297,000
NEW SECTION. Sec. 3168. FOR THE DEPARTMENT OF FISH AND WILDLIFE
Migratory Waterfowl Habitat (20082045)
Appropriation:
State Wildlife Account—State............................................. $600,000
Prior Biennia (Expenditures)............................................. $1,080,000
Future Biennia (Projected Costs)....................................... $2,400,000
TOTAL...................................................... $4,080,000
NEW SECTION. Sec. 3169. FOR THE DEPARTMENT OF FISH AND WILDLIFE
Mitigation Projects and Dedicated Funding (20082048)
The reappropriation in this section is subject to the following conditions and limitations: The reappropriation is subject to the provisions of section 3191, chapter 19, Laws of 2013 2nd sp. sess.
Reappropriation:
State Wildlife Account—State............................................. $500,000
Special Wildlife Account—Private/Local......................... $1,077,000
General Fund—Private/Local............................................ $1,866,000
General Fund—Federal................................................... $27,008,000
Subtotal Reappropriation......................... $30,451,000
Appropriation:
State Wildlife Account—State............................................. $500,000
General Fund—Private/Local............................................ $1,000,000
Special Wildlife Account—Federal.................................. $1,000,000
Special Wildlife Account—Private/Local......................... $1,000,000
General Fund—Federal..................................................... $9,000,000
Subtotal Appropriation............................ $12,500,000
Prior Biennia (Expenditures)......................................... $104,524,000
Future Biennia (Projected Costs)..................................... $54,000,000
TOTAL.................................................. $201,475,000
NEW SECTION. Sec. 3170. FOR THE DEPARTMENT OF FISH AND WILDLIFE
Lake Rufus Woods Fishing Access (91000151)
Appropriation:
State Building Construction Account—State.................... $2,000,000
Prior Biennia (Expenditures)........................................................... $0
Future Biennia (Projected Costs)....................................... $1,000,000
TOTAL...................................................... $3,000,000
NEW SECTION. Sec. 3171. FOR THE DEPARTMENT OF FISH AND WILDLIFE
Minor Works Preservation (30000727)
Appropriation:
State Building Construction Account—State.................... $9,780,000
Prior Biennia (Expenditures)........................................................... $0
Future Biennia (Projected Costs)..................................... $80,000,000
TOTAL.................................................... $89,780,000
NEW SECTION. Sec. 3172. FOR THE DEPARTMENT OF FISH AND WILDLIFE
Kalama Falls Hatchery Renovate Adult Handling Facilities (30000480)
Appropriation:
State Building Construction Account—State.................... $4,300,000
Prior Biennia (Expenditures)........................................................... $0
Future Biennia (Projected Costs)..................................................... $0
TOTAL...................................................... $4,300,000
NEW SECTION. Sec. 3173. FOR THE DEPARTMENT OF FISH AND WILDLIFE
Wooten Wildlife Area Improve Flood Plain (30000481)
The reappropriations in this section are subject to the following conditions and limitations: The reappropriation is subject to the provisions of section 3207, chapter 19, Laws of 2013 2nd sp. sess.
Reappropriation:
State Building Construction Account—State....................... $106,000
General Fund—Federal..................................................... $1,000,000
Subtotal Reappropriation........................... $1,106,000
Appropriation:
General Fund—Federal..................................................... $2,600,000
State Building Construction Account—State.................... $2,000,000
Subtotal Appropriation.............................. $4,600,000
Prior Biennia (Expenditures)............................................. $1,994,000
Future Biennia (Projected Costs)..................................... $12,722,000
TOTAL.................................................... $20,422,000
NEW SECTION. Sec. 3174. FOR THE DEPARTMENT OF FISH AND WILDLIFE
Puyallup Hatchery Rebuild (30000589)
Appropriation:
State Building Construction Account—State....................... $571,000
Prior Biennia (Expenditures)........................................................... $0
Future Biennia (Projected Costs)....................................... $9,177,000
TOTAL...................................................... $9,748,000
NEW SECTION. Sec. 3175. FOR THE DEPARTMENT OF FISH AND WILDLIFE
Eells Spring Hatchery Renovation (30000214)
Appropriation:
State Building Construction Account—State....................... $500,000
Prior Biennia (Expenditures)........................................................... $0
Future Biennia (Projected Costs)..................................... $11,722,000
TOTAL.................................................... $12,222,000
NEW SECTION. Sec. 3176. FOR THE DEPARTMENT OF FISH AND WILDLIFE
Samish Hatchery Intakes (30000276)
Appropriation:
State Building Construction Account—State....................... $700,000
Prior Biennia (Expenditures)........................................................... $0
Future Biennia (Projected Costs)....................................... $4,221,000
TOTAL...................................................... $4,921,000
NEW SECTION. Sec. 3177. FOR THE DEPARTMENT OF FISH AND WILDLIFE
Minter Hatchery Intakes (30000277)
Appropriation:
State Building Construction Account—State....................... $250,000
Prior Biennia (Expenditures)........................................................... $0
Future Biennia (Projected Costs)....................................... $7,948,000
TOTAL...................................................... $8,198,000
NEW SECTION. Sec. 3178. FOR THE DEPARTMENT OF FISH AND WILDLIFE
Hoodsport Hatchery Adult Pond Renovation (30000686)
Appropriation:
State Building Construction Account—State....................... $700,000
Prior Biennia (Expenditures)........................................................... $0
Future Biennia (Projected Costs)....................................... $3,346,000
TOTAL...................................................... $4,046,000
NEW SECTION. Sec. 3179. FOR THE DEPARTMENT OF FISH AND WILDLIFE
Nasselle Hatchery Renovation (30000671)
Appropriation:
State Building Construction Account—State....................... $275,000
Prior Biennia (Expenditures)........................................................... $0
Future Biennia (Projected Costs)..................................... $13,556,000
TOTAL.................................................... $13,831,000
NEW SECTION. Sec. 3180. FOR THE DEPARTMENT OF FISH AND WILDLIFE
Replace Fire Damaged Fencing (30000655)
Reappropriation:
State Building Construction Account—State.................... $1,225,000
Prior Biennia (Expenditures)................................................ $387,000
Future Biennia (Projected Costs)..................................................... $0
TOTAL...................................................... $1,612,000
NEW SECTION. Sec. 3181. FOR THE DEPARTMENT OF FISH AND WILDLIFE
Soos Creek Hatchery Renovation (30000661)
Appropriation:
State Building Construction Account—State.................. $17,000,000
Prior Biennia (Expenditures)........................................................... $0
Future Biennia (Projected Costs)....................................... $9,103,000
TOTAL.................................................... $26,103,000
NEW SECTION. Sec. 3182. FOR THE DEPARTMENT OF FISH AND WILDLIFE
Edmonds Pier Renovation (30000664)
Appropriation:
State Building Construction Account—State....................... $800,000
Prior Biennia (Expenditures)........................................................... $0
Future Biennia (Projected Costs)..................................................... $0
TOTAL......................................................... $800,000
NEW SECTION. Sec. 3183. FOR THE DEPARTMENT OF FISH AND WILDLIFE
Marblemount Hatchery - Renovating Jordan Creek Intake (30000666)
Appropriation:
State Building Construction Account—State.................... $2,293,000
Prior Biennia (Expenditures)........................................................... $0
Future Biennia (Projected Costs)..................................................... $0
TOTAL...................................................... $2,293,000
NEW SECTION. Sec. 3184. FOR THE DEPARTMENT OF FISH AND WILDLIFE
Lake Whatcom Hatchery - Replace Intake and Pipeline (30000667)
Appropriation:
State Building Construction Account—State.................... $1,354,000
Prior Biennia (Expenditures)........................................................... $0
Future Biennia (Projected Costs)..................................................... $0
TOTAL...................................................... $1,354,000
NEW SECTION. Sec. 3185. FOR THE DEPARTMENT OF FISH AND WILDLIFE
Fir Island Farm Estuary Restoration Project (30000673)
Appropriation:
State Building Construction Account—State....................... $500,000
General Fund—Federal................................................... $15,500,000
Subtotal Appropriation............................ $16,000,000
Prior Biennia (Expenditures)........................................................... $0
Future Biennia (Projected Costs)..................................................... $0
TOTAL.................................................... $16,000,000
NEW SECTION. Sec. 3186. FOR THE DEPARTMENT OF FISH AND WILDLIFE
Minor Works - Programmatic (30000682)
Appropriation:
General Fund—Federal........................................................ $375,000
State Building Construction Account—State....................... $725,000
Subtotal Appropriation.............................. $1,100,000
Prior Biennia (Expenditures)........................................................... $0
Future Biennia (Projected Costs)..................................................... $0
TOTAL...................................................... $1,100,000
NEW SECTION. Sec. 3187. FOR THE DEPARTMENT OF FISH AND WILDLIFE
Eells Springs Production Shift (30000723)
Appropriation:
State Building Construction Account—State.................... $4,620,000
Prior Biennia (Expenditures)........................................................... $0
Future Biennia (Projected Costs)..................................................... $0
TOTAL...................................................... $4,620,000
NEW SECTION. Sec. 3188. FOR THE DEPARTMENT OF FISH AND WILDLIFE
Mitchell Act Federal Grant (91000021)
Reappropriation:
General Fund—Federal..................................................... $1,014,000
Prior Biennia (Expenditures)............................................. $1,986,000
Future Biennia (Projected Costs)..................................................... $0
TOTAL...................................................... $3,000,000
NEW SECTION. Sec. 3189. FOR THE DEPARTMENT OF FISH AND WILDLIFE
Fishway Improvements/Diversions (91000033)
Reappropriation:
State Building Construction Account—State.................... $7,003,000
Prior Biennia (Expenditures)................................................ $997,000
Future Biennia (Projected Costs)..................................................... $0
TOTAL...................................................... $8,000,000
NEW SECTION. Sec. 3190. FOR THE DEPARTMENT OF FISH AND WILDLIFE
Hatchery Improvements (91000036)
Reappropriation:
State Building Construction Account—State.................. $16,109,000
Prior Biennia (Expenditures)........................................... $18,666,000
Future Biennia (Projected Costs)..................................................... $0
TOTAL.................................................... $34,775,000
NEW SECTION. Sec. 3191. FOR THE DEPARTMENT OF FISH AND WILDLIFE
Minor Works - Access Sites (91000044)
Reappropriation:
State Building Construction Account—State.................... $2,518,000
Prior Biennia (Expenditures)............................................. $4,888,000
Future Biennia (Projected Costs)..................................................... $0
TOTAL...................................................... $7,406,000
NEW SECTION. Sec. 3192. FOR THE DEPARTMENT OF FISH AND WILDLIFE
Minor Works - Fish Passage Barriers (Culverts) (91000045)
Reappropriation:
State Building Construction Account—State....................... $515,000
Prior Biennia (Expenditures)................................................ $980,000
Future Biennia (Projected Costs)..................................................... $0
TOTAL...................................................... $1,495,000
NEW SECTION. Sec. 3193. FOR THE DEPARTMENT OF FISH AND WILDLIFE
Leque Island Highway 532 Road Protection (92000019)
Reappropriation:
State Building Construction Account—State....................... $390,000
Prior Biennia (Expenditures)................................................ $290,000
Future Biennia (Projected Costs)..................................................... $0
TOTAL......................................................... $680,000
NEW SECTION. Sec. 3194. FOR THE DEPARTMENT OF FISH AND WILDLIFE
Beebe Springs Development (92000026)
Reappropriation:
State Building Construction Account—State....................... $640,000
Prior Biennia (Expenditures)............................................. $1,251,000
Future Biennia (Projected Costs)..................................................... $0
TOTAL...................................................... $1,891,000
NEW SECTION. Sec. 3195. FOR THE DEPARTMENT OF FISH AND WILDLIFE
Beebe Springs (92000034)
Reappropriation:
State Building Construction Account—State....................... $497,000
Prior Biennia (Expenditures).................................................... $3,000
Future Biennia (Projected Costs)..................................................... $0
TOTAL......................................................... $500,000
NEW SECTION. Sec. 3196. FOR THE DEPARTMENT OF FISH AND WILDLIFE
Minor Works Preservation (30000479)
Reappropriation:
State Building Construction Account—State.................... $2,500,000
Prior Biennia (Expenditures)............................................. $7,475,000
Future Biennia (Projected Costs)..................................................... $0
TOTAL...................................................... $9,975,000
NEW SECTION. Sec. 3197. FOR THE PUGET SOUND PARTNERSHIP
Community Partnership Restoration Grants (30000007)
Reappropriation:
General Fund—Federal..................................................... $1,575,000
Prior Biennia (Expenditures).................................................. $50,000
Future Biennia (Projected Costs)..................................................... $0
TOTAL...................................................... $1,625,000
NEW SECTION. Sec. 3198. FOR THE DEPARTMENT OF NATURAL RESOURCES
Land Acquisition Grants (20052021)
Reappropriation:
General Fund—Federal..................................................... $2,360,000
Appropriation:
General Fund—Federal..................................................... $5,000,000
Prior Biennia (Expenditures)........................................... $82,158,000
Future Biennia (Projected Costs)..................................... $20,000,000
TOTAL.................................................. $109,518,000
NEW SECTION. Sec. 3199. FOR THE DEPARTMENT OF NATURAL RESOURCES
Forest Legacy (30000060)
Reappropriation:
General Fund—Federal..................................................... $4,020,000
Appropriation:
General Fund—Federal................................................... $14,000,000
Prior Biennia (Expenditures)........................................... $16,980,000
Future Biennia (Projected Costs)..................................... $56,000,000
TOTAL.................................................... $91,000,000
NEW SECTION. Sec. 3200. FOR THE DEPARTMENT OF NATURAL RESOURCES
Forest Riparian Easement Program (30000198)
Appropriation:
State Building Construction Account—State.................... $3,500,000
Prior Biennia (Expenditures)............................................. $2,999,000
Future Biennia (Projected Costs)..................................... $14,000,000
TOTAL.................................................... $20,499,000
NEW SECTION. Sec. 3201. FOR THE DEPARTMENT OF NATURAL RESOURCES
Trust Land Transfer (30000200)
The appropriation in this section is subject to the following conditions and limitations:
(1) The appropriation is provided solely to the department to transfer from trust status, or enter into fifty year leases for, certain trust lands of statewide significance deemed appropriate for state park, fish and wildlife habitat, natural area preserve, natural resources conservation area, DNR community forest open space, or recreation purposes. The approved list of properties for lease or transfer is identified in the LEAP capital document No. 2015-4, developed March 27, 2015.
(2) Property transferred under this section must be appraised and transferred at fair market value. By September 30, 2015, the department must deposit in the common school construction account the portion of the appropriation in this section that represents the estimated value of the timber on the transferred properties. This transfer must be made in the same manner as timber revenues from other common school trust lands. No deduction may be made for the resource management cost account under RCW 79.64.040. The portion of the appropriation in this section that represents the value of the land transferred must be deposited in the natural resources real property replacement account.
(3) Property subject to lease agreements under this section must be appraised at fair market value. Lease terms must be fifty years with options to renew for an additional fifty years. Lease payments must be lump sum payments for the entire term of the lease at the beginning of the lease. The department shall calculate such lump sum payments using professional appraisal standards. These lease payments may not exceed the fee simple purchase price based on current fair market value and must be deposited by the department to the common school construction account in the same manner as lease revenues from other common school trust lands. No deduction may be made for the resource management cost account under RCW 79.64.040. No later than September 30, 2015, the department must transfer to the common school construction account the portion of the appropriation in this section that is attributable to receipts from lease payments.
(4) All reasonable costs incurred by the department to implement this section are authorized to be paid out of the appropriations. Authorized costs include the actual cost of appraisals, staff time, environmental reviews, surveys, and other similar costs and may not exceed one and nine-tenths percent of the appropriation.
(5) Intergrant exchanges between common school and other trust lands of equal value may occur if the exchange is in the interest of each trust, as determined by the board of natural resources.
(6) Prior to or concurrent with conveyance of these properties, the department, with full cooperation of the receiving agencies, shall execute and record a real property instrument that dedicates the transferred properties to the purposes identified in subsection (1) of this section. Fee transfer agreements for properties identified in subsection (1) of this section must include terms that perpetually restrict the use of the property to the intended purpose. Lease agreements for properties identified in subsection (1) of this section must include terms that restrict use of the property to the intended purpose for the term of the lease. Transfer and lease agreements may include provisions for receiving agencies to request alternative uses of the property, provided the alternative uses are compatible with the originally intended public purpose and the department and legislature approves such uses.
(7) The department and receiving agencies shall work in good faith to carry out the intent of this section. However, the department or receiving agencies may remove a property from the transfer list based on new, substantive information, if it is determined that transfer of the property is not in the statewide interest of either the common school trust or the receiving agency.
(8) $26,422,000 of the appropriation must be deposited in the common school construction account by September 30, 2015. The department shall execute trust land transfers so that after the deduction of reasonable costs as provided in subsection (4) of this section on an aggregate basis eighty percent or more of the total appropriation value is timber value or lease payments and is deposited in the common school construction account. To achieve the eighty percent requirement, the department may choose to lease properties originally intended as transfers or transfer properties originally intended as leases.
(9) By June 30, 2017, the state treasurer shall transfer to the common school construction account any unexpended balance of the appropriation in this section.
Appropriation:
State Building Construction Account—State.................. $37,746,000
Prior Biennia (Expenditures)......................................... $115,735,000
Future Biennia (Projected Costs)................................... $240,000,000
TOTAL.................................................. $393,481,000
NEW SECTION. Sec. 3202. FOR THE DEPARTMENT OF NATURAL RESOURCES
Sustainable Recreation (30000207)
Appropriation:
State Building Construction Account—State.................... $4,600,000
Prior Biennia (Expenditures)............................................. $2,500,000
Future Biennia (Projected Costs)..................................... $18,400,000
TOTAL.................................................... $25,500,000
NEW SECTION. Sec. 3203. FOR THE DEPARTMENT OF NATURAL RESOURCES
Road Maintenance and Abandonment Plans (RMAP) (30000211)
Reappropriation:
State Building Construction Account—State....................... $138,000
Prior Biennia (Expenditures)............................................. $1,862,000
Future Biennia (Projected Costs)..................................................... $0
TOTAL...................................................... $2,000,000
NEW SECTION. Sec. 3204. FOR THE DEPARTMENT OF NATURAL RESOURCES
Community Forest Trust (30000217)
Appropriation:
State Building Construction Account—State.................... $3,442,000
Prior Biennia (Expenditures)........................................................... $0
Future Biennia (Projected Costs)..................................................... $0
TOTAL...................................................... $3,442,000
NEW SECTION. Sec. 3205. FOR THE DEPARTMENT OF NATURAL RESOURCES
Rivers and Habitat Open Space Program (30000221)
Appropriation:
State Building Construction Account—State.................... $2,000,000
Prior Biennia (Expenditures)................................................ $500,000
Future Biennia (Projected Costs)....................................... $8,000,000
TOTAL.................................................... $10,500,000
NEW SECTION. Sec. 3206. FOR THE DEPARTMENT OF NATURAL RESOURCES
Trust Land Replacement (30000222)
Appropriation:
Nat Res Real Property Replacement—State................... $15,000,000
Resources Management Cost Account—State................ $15,000,000
Subtotal Appropriation............................ $30,000,000
Prior Biennia (Expenditures)........................................... $50,500,000
Future Biennia (Projected Costs)................................... $242,000,000
TOTAL.................................................. $322,500,000
NEW SECTION. Sec. 3207. FOR THE DEPARTMENT OF NATURAL RESOURCES
State Forest Land Replacement (30000223)
The appropriation in this section is subject to the following conditions and limitations:
(1) The appropriation in this section is provided solely to the department to transfer from state forest land status to natural resources conservation area status certain state forest lands in counties with a population of twenty-five thousand or less which are subject to timber harvest deferrals greater than thirty years due to the presence of wildlife species listed as endangered or threatened under the federal endangered species act. The total appropriation is to be used equally for the transfer of qualifying state forest lands in the qualifying counties.
(2) Property transferred under this section must be appraised and transferred at fair market value, without consideration of management or regulatory encumbrances associated with wildlife species listed under the federal endangered species act. The value of the timber and other valuable materials transferred must be distributed as provided in RCW 79.64.110. The value of the land transferred must be deposited in the park land trust revolving account and be used solely to buy replacement state forest land, consistent with RCW 79.22.060.
(3) Prior to or concurrent with conveyance of these properties, the department shall execute and record a real property instrument that dedicates the transferred properties to the purposes identified in subsection (1) of this section. Transfer agreements for properties identified in subsection (1) of this section must include terms that restrict the use of the property to the intended purpose.
(4) The department and applicable counties shall work in good faith to carry out the intent of this section. The department shall identify eligible properties for transfer, consistent with subsection (1) of this section, in consultation with the applicable counties, and may not execute any property transfers that are not in the statewide interest of either the state forest trust or the natural resources conservation area program.
Appropriation:
State Building Construction Account—State.................... $1,500,000
Prior Biennia (Expenditures)............................................. $1,500,000
Future Biennia (Projected Costs)....................................... $6,000,000
TOTAL...................................................... $9,000,000
NEW SECTION. Sec. 3208. FOR THE DEPARTMENT OF NATURAL RESOURCES
Forest Hazard Reduction (30000224)
The appropriation in this section is subject to the following conditions and limitations: The appropriation is provided solely for forest health restoration treatments on state lands. The appropriation may be used for project planning, site preparation, permitting, mechanical treatments, thinning treatments, or prescribed burning.
Appropriation:
State Building Construction Account—State.................... $5,000,000
Prior Biennia (Expenditures)............................................. $4,000,000
Future Biennia (Projected Costs)..................................... $20,000,000
TOTAL.................................................... $29,000,000
NEW SECTION. Sec. 3209. FOR THE DEPARTMENT OF NATURAL RESOURCES
DNR Olympic Region Shop Fire Recovery (30000225)
Appropriation:
State Building Construction Account—State....................... $544,000
Prior Biennia (Expenditures)........................................................... $0
Future Biennia (Projected Costs)..................................................... $0
TOTAL......................................................... $544,000
NEW SECTION. Sec. 3210. FOR THE DEPARTMENT OF NATURAL RESOURCES
Blanchard Working Forest (30000231)
Appropriation:
State Building Construction Account—State.................... $2,000,000
Prior Biennia (Expenditures)........................................................... $0
Future Biennia (Projected Costs)....................................... $5,500,000
TOTAL...................................................... $7,500,000
NEW SECTION. Sec. 3211. FOR THE DEPARTMENT OF NATURAL RESOURCES
2015-2017 Minor Works Programmatic (30000237)
Appropriation:
State Building Construction Account—State....................... $540,000
Prior Biennia (Expenditures)........................................................... $0
Future Biennia (Projected Costs)..................................................... $0
TOTAL......................................................... $540,000
NEW SECTION. Sec. 3212. FOR THE DEPARTMENT OF NATURAL RESOURCES
2015-2017 Minor Works Preservation (30000238)
Appropriation:
State Building Construction Account—State.................... $4,500,000
Prior Biennia (Expenditures)........................................................... $0
Future Biennia (Projected Costs)..................................................... $0
TOTAL...................................................... $4,500,000
NEW SECTION. Sec. 3213. FOR THE DEPARTMENT OF NATURAL RESOURCES
Contaminated Sites Cleanup and Settlement (30000240)
The appropriation in this section is subject to the following conditions and limitations:
(1) $261,000 is provided solely for the state's share of liability under the model toxics control act for the cleanup of lead contamination at a rock pit now owned by plum creek timber company.
(2) $95,000 is provided solely for the contaminated soils cleanup at the Cedar creek correction center.
(3) $125,000 is provided solely for the webster nursery pesticides and groundwater cleanup.
(4) $375,000 is provided solely for the underground storage tank cleanup of contaminated soils of an old fueling station at the department of natural resources, SE region headquarters' parking lot that is within the city of Ellensburg new drinking water supply wellhead protection area.
Appropriation:
Environmental Legacy Stewardship Account—State.......... $856,000
Prior Biennia (Expenditures)........................................................... $0
Future Biennia (Projected Costs)..................................................... $0
TOTAL......................................................... $856,000
NEW SECTION. Sec. 3214. FOR THE DEPARTMENT OF NATURAL RESOURCES
Natural Areas Facilities Preservation and Access (30000241)
Appropriation:
State Building Construction Account—State.................... $3,100,000
Prior Biennia (Expenditures)........................................................... $0
Future Biennia (Projected Costs)....................................... $8,000,000
TOTAL.................................................... $11,100,000
NEW SECTION. Sec. 3215. FOR THE DEPARTMENT OF NATURAL RESOURCES
Road Maintenance and Abandonment Plan (RMAP) (91000040)
Reappropriation:
State Building Construction Account—State....................... $240,000
Appropriation:
State Building Construction Account—State.................... $7,900,000
Prior Biennia (Expenditures)............................................. $6,594,000
Future Biennia (Projected Costs)....................................... $2,524,000
TOTAL.................................................... $17,258,000
NEW SECTION. Sec. 3216. FOR THE DEPARTMENT OF NATURAL RESOURCES
Puget Sound Corps (91000046)
Reappropriation:
Aquatic Lands Enhancement Account—State..................... $200,000
Appropriation:
State Building Construction Account—State.................... $6,000,000
Prior Biennia (Expenditures)........................................... $12,800,000
Future Biennia (Projected Costs)..................................... $24,000,000
TOTAL.................................................... $43,000,000
NEW SECTION. Sec. 3217. FOR THE DEPARTMENT OF NATURAL RESOURCES
Barbeque Flats Road Access (91000081)
Reappropriation:
State Building Construction Account—State....................... $480,000
Prior Biennia (Expenditures).................................................. $20,000
Future Biennia (Projected Costs)..................................................... $0
TOTAL......................................................... $500,000
NEW SECTION. Sec. 3218. FOR THE DEPARTMENT OF NATURAL RESOURCES
Quinault Coastal Forest and Watershed Restoration Grant (92000019)
Reappropriation:
State Building Construction Account—State....................... $500,000
Prior Biennia (Expenditures)............................................. $1,300,000
Future Biennia (Projected Costs)..................................................... $0
TOTAL...................................................... $1,800,000
NEW SECTION. Sec. 3219. FOR THE DEPARTMENT OF AGRICULTURE
Animal Disease Traceability (91000004)
The reappropriation in this section is subject to the following conditions and limitations: The reappropriation in this section is provided solely for the department to work with industry partners to continue and to enhance development of the in-state animal disease traceability system. The reappropriation shall be used to develop or enhance electronic cattle transaction reporting, electronic certificate of veterinary inspection, and, as resources permit, electronic livestock inspection systems.
Reappropriation:
Public Facility Construction Loan Revolving
Account—State............................................................. $249,000
Prior Biennia (Expenditures)................................................ $632,000
Future Biennia (Projected Costs)..................................................... $0
TOTAL......................................................... $881,000
PART 4
TRANSPORTATION
NEW SECTION. Sec. 4001. FOR THE WASHINGTON STATE PATROL
FTA Access Road Reconstruction (30000059)
Appropriation:
Fire Service Training Account—State.............................. $1,000,000
Prior Biennia (Expenditures)........................................................... $0
Future Biennia (Projected Costs).......................................... $950,000
TOTAL...................................................... $1,950,000
NEW SECTION. Sec. 4002. FOR THE WASHINGTON STATE PATROL
Fire Training Academy Burn Building Replacement (30000071)
Reappropriation:
Fire Service Training Account—State................................. $200,000
Appropriation:
State Building Construction Account—State.................... $5,000,000
Prior Biennia (Expenditures)............................................. $1,300,000
Future Biennia (Projected Costs)..................................................... $0
TOTAL...................................................... $6,500,000
PART 5
EDUCATION
NEW SECTION. Sec. 5001. FOR THE SUPERINTENDENT OF PUBLIC INSTRUCTION
Pierce County Skills Center (20084856)
Reappropriation:
State Building Construction Account—State.................... $5,432,000
Prior Biennia (Expenditures)........................................... $30,083,000
Future Biennia (Projected Costs)..................................................... $0
TOTAL.................................................... $35,515,000
NEW SECTION. Sec. 5002. FOR THE SUPERINTENDENT OF PUBLIC INSTRUCTION
2009-11 School Construction Asst. Grant Program (30000031)
The reappropriation in this section is subject to the following conditions and limitations: The reappropriation is subject to the provisions of section 5004, chapter 19, Laws of 2013 2nd sp. sess.
Reappropriation:
Common School Construction Account—State................ $7,968,000
Prior Biennia (Expenditures)......................................... $389,161,000
Future Biennia (Projected Costs)..................................................... $0
TOTAL.................................................. $397,129,000
NEW SECTION. Sec. 5003. FOR THE SUPERINTENDENT OF PUBLIC INSTRUCTION
2011-13 School Construction Assistance Program (30000071)
Reappropriation:
Common School Construction Account—State.............. $59,299,000
Prior Biennia (Expenditures)......................................... $497,839,000
Future Biennia (Projected Costs)..................................................... $0
TOTAL.................................................. $557,138,000
NEW SECTION. Sec. 5004. FOR THE SUPERINTENDENT OF PUBLIC INSTRUCTION
Yakima Valley Technical Skills Center (30000076)
Reappropriation:
State Building Construction Account—State.................... $2,060,000
Prior Biennia (Expenditures)........................................... $21,503,000
Future Biennia (Projected Costs)..................................................... $0
TOTAL.................................................... $23,563,000
NEW SECTION. Sec. 5005. FOR THE SUPERINTENDENT OF PUBLIC INSTRUCTION
SEA-Tech Branch Campus of Tri-Tech Skills Center (30000078)
Reappropriation:
State Building Construction Account—State....................... $338,000
Prior Biennia (Expenditures)........................................... $11,181,000
Future Biennia (Projected Costs)..................................................... $0
TOTAL.................................................... $11,519,000
NEW SECTION. Sec. 5006. FOR THE SUPERINTENDENT OF PUBLIC INSTRUCTION
Grant County Branch Campus of Wenatchee Valley Skills Center (30000091)
Reappropriation:
State Building Construction Account—State.................... $1,183,000
Prior Biennia (Expenditures)........................................... $18,225,000
Future Biennia (Projected Costs)..................................................... $0
TOTAL.................................................... $19,408,000
NEW SECTION. Sec. 5007. FOR THE SUPERINTENDENT OF PUBLIC INSTRUCTION
Clark County Skills Center (30000093)
Reappropriation:
State Building Construction Account—State.................... $1,100,000
Prior Biennia (Expenditures)............................................. $6,801,000
Future Biennia (Projected Costs)..................................................... $0
TOTAL...................................................... $7,901,000
NEW SECTION. Sec. 5008. FOR THE SUPERINTENDENT OF PUBLIC INSTRUCTION
2013-15 School Construction Assistance Program - Maintenance (30000145)
The reappropriation in this section is subject to the following conditions and limitations: The reappropriation is subject to the provisions of section 5020, chapter 19, Laws of 2013 2nd sp. sess.
Reappropriation:
State Building Construction Account—State................ $154,741,000
Common School Construction Account—State............ $100,456,000
Subtotal Reappropriation....................... $255,197,000
Prior Biennia (Expenditures)......................................... $132,250,000
Future Biennia (Projected Costs)..................................................... $0
TOTAL.................................................. $387,447,000
NEW SECTION. Sec. 5009. FOR THE SUPERINTENDENT OF PUBLIC INSTRUCTION
Tri-Tech Skills Center East Growth (30000159)
The appropriations in this section are subject to the following conditions and limitations: Funding is provided solely as a grant to constitute local funding available to the Tri-tech skills center in order to be eligible for state funding assistance through the school construction assistance program pursuant to RCW 28A.525.166.
Appropriation:
State Building Construction Account—State.................... $1,702,000
Prior Biennia (Expenditures)........................................................... $0
Future Biennia (Projected Costs)..................................................... $0
TOTAL...................................................... $1,702,000
NEW SECTION. Sec. 5010. FOR THE SUPERINTENDENT OF PUBLIC INSTRUCTION
Clark County Building 100 Modernization (30000160)
The appropriations in this section are subject to the following conditions and limitations: Funding is provided solely as a grant to constitute local funding available to the Clark county skills center in order to be eligible for state funding assistance through the school construction assistance program pursuant to RCW 28A.525.166.
Appropriation:
State Building Construction Account—State....................... $300,000
Prior Biennia (Expenditures)........................................................... $0
Future Biennia (Projected Costs)..................................................... $0
TOTAL......................................................... $300,000
NEW SECTION. Sec. 5011. FOR THE SUPERINTENDENT OF PUBLIC INSTRUCTION
Tri-Tech Skills Center Core Growth (30000161)
The appropriations in this section are subject to the following conditions and limitations: Funding is provided solely as a grant to constitute local funding available to the Tri-tech skills center in order to be eligible for state funding assistance through the school construction assistance program pursuant to RCW 28A.525.166.
Appropriation:
State Building Construction Account—State....................... $325,000
Prior Biennia (Expenditures)........................................................... $0
Future Biennia (Projected Costs)..................................................... $0
TOTAL......................................................... $325,000
NEW SECTION. Sec. 5012. FOR THE SUPERINTENDENT OF PUBLIC INSTRUCTION
Capital Program Administration (30000165)
The appropriation in this section is subject to the following conditions and limitations:
(1) The superintendent of public instruction will publish to its web site and report to the office of financial management, the appropriate committees of the legislature, and the legislative evaluation and accountability program a list of local school district projects submitted for school construction assistance within seven business days of the grant program deadline. The report must be updated within seven days following the superintendent of public instruction's final grant award decisions. The report must include, but not be limited to:
(a) School district;
(b) Project name;
(c) Estimated square footage by proposed project type;
(d) Estimated total of all project costs and estimated total construction contract cost;
(e) Funding sources and election dates, if applicable; and
(f) Intent to front-fund the project.
(2) The superintendent of public instruction will provide to the office of financial management and the legislative evaluation and accountability program committee in electronic database form the following:
(a) Study and survey information beginning with grants awarded July 1, 2015; and
(b) All available inventory and condition of schools data.
Appropriation:
Common School Construction Account—State................ $2,924,000
Prior Biennia (Expenditures)........................................................... $0
Future Biennia (Projected Costs)..................................... $12,244,000
TOTAL.................................................... $15,168,000
NEW SECTION. Sec. 5013. FOR THE SUPERINTENDENT OF PUBLIC INSTRUCTION
2015-17 Energy Grants (30000167)
The appropriation in this section is subject to the following conditions and limitations:
(1)(a) Grants shall be awarded for projects that use the energy savings performance contracting method under chapter 39.35C RCW or an equivalent method of evaluating and delivering energy operational costs savings improvements.
(b) Projects that do not use energy savings performance contracting must: (i) Verify energy and operational cost savings for ten years or until the energy and operational costs savings pay for the project, whichever is shorter; (ii) follow the department of enterprise service's energy savings performance contracting method guidelines; and (iii) employ a licensed engineer for the energy audit, design, and construction.
(c) The office of the superintendent of public instruction may require third-party verification of savings if a project is not implemented by an energy savings performance contracting method as outlined in chapter 39.35C RCW. If required, third-party verification must be conducted either by an energy savings performance contractor qualified by the department of enterprise services, or a licensed engineer that is a certified energy manager.
(2) Projects must be weighted and prioritized based on the following criteria and in the following order: (a) Healthiest next generation initiative: Priority consideration shall be given to applicants that demonstrate improved health and safety through (i) reduced exposure to polychlorinated biphenyl; or (ii) replacing outdated heating systems that use oil or propane as fuel sources as identified by the Washington state university extension energy program; (b) prior grant award: Priority consideration must be given to applicants that did not receive grant awards from appropriations provided in section 5023, chapter 19, Laws of 2013 2nd sp. sess.; (c) leverage ratio: The higher the leverage ratio of guaranteed energy savings and utility or other incentives to state grant, the higher the project ranking; (d) energy savings: The higher the simple payback for energy savings, not to exceed the useful life of the energy conservation measure, the higher the project ranking; and (e) persistence: The more extensively a project ensures the persistence of energy operational cost savings through ongoing measurement, verification, and reporting over the life of a project, the higher the project ranking.
(3) In order to be eligible for energy cost savings grants under this section, school districts must complete an investment grade audit prior to application or have completed an audit in the 2015-2017 biennium.
(4)(a) The superintendent of public instruction must pay one-half of the preliminary audit, up to five cents per square foot, if the project does not meet the school district's predetermined cost-effectiveness criteria. Public school districts must pay the other one-half of the cost of the preliminary audit if the project does not meet their predetermined cost-effectiveness criteria.
(b) The energy savings performance contractor may not charge for an investment grade audit if the project does not meet the school district's predetermined cost-effectiveness criteria. Public school districts must pay the full price of an investment grade audit if they do not proceed with a project that meets the school district's predetermined cost-effectiveness criteria.
(5) Applicants must submit documentation that demonstrates energy and operational cost savings resulting from the installation of the energy equipment and improvements. The energy savings analysis must be performed by a licensed engineer and the documentation must include, but is not limited to, the following:
(a) A description of the energy equipment and improvements; and
(b) A description of the energy and operational cost savings.
(6) Each school district is limited to one grant award and no more than $1,000,000.
(7) The office of the superintendent of public instruction may charge fees consistent with capital budget guidelines established by the office of financial management for administering the grants.
(8) The superintendent of public instruction must report to the appropriate committees of the legislature and the office of financial management on the timing and use of the funds by the end of each fiscal year, until the funds are fully expended.
Appropriation:
State Building Construction Account—State.................... $8,000,000
Prior Biennia (Expenditures)........................................................... $0
Future Biennia (Projected Costs)..................................... $40,000,000
TOTAL.................................................... $48,000,000
NEW SECTION. Sec. 5014. FOR THE SUPERINTENDENT OF PUBLIC INSTRUCTION
2015-17 School Construction Assistance Program (30000169)
The appropriations in this section are subject to the following conditions and limitations:
(1) $771,000 of the common school construction account—state appropriation is provided solely for mapping the design of new facilities and remapping the design of facilities to be remodeled, for school construction projects funded through the school construction assistance program.
(2) The office of the superintendent of public instruction, in consultation with the technical advisory committee, must develop a formula-based method of allocating energy incentives that would be administered through the school construction assistance program to increase energy efficiency and the use of renewable resources. The recommended formula-based method must be submitted to the office of financial management and the appropriate committees of the legislature by December 31, 2015.
(3) The office of the superintendent of public instruction must weight and prioritize grant requests on the following criteria and in the following order: (a) Will provide facility capacity needs to reduce kindergarten through third grade class sizes at high poverty schools; (b) will provide facility capacity needs to reduce kindergarten through third grade class sizes in remaining schools.
(4) The office of the superintendent of public instruction must expedite allocation and distribution of any eligible funds under the school construction assistance grant program to the Marysville school district to replace the school cafeteria.
(5) The office of the superintendent of public instruction must expedite allocation and distribution of any eligible funds under the school construction assistance grant program for the appropriations provided to the superintendent of public instruction in this act for distressed schools, STEM pilot projects, or skill centers. Eligible area must be calculated as follows for STEM pilot projects and skill centers: (a) Eligible area for STEM pilot projects is one thousand, four hundred, forty square feet per science lab and/or classroom combination; and one thousand, forty square feet per science classroom; and (b) eligible area for skill centers is gross square feet of the proposed project as submitted to the office of financial management as requested by the superintendent for consideration in the 2015-2017 capital budget.
Appropriation:
State Building Construction Account—State................ $387,667,000
Common School Construction Account—State............ $235,162,000
Common School Construction Account—Federal............ $4,650,000
Subtotal Appropriation.......................... $627,479,000
Prior Biennia (Expenditures)........................................................... $0
Future Biennia (Projected Costs)................................ $3,637,893,000
TOTAL............................................... $4,265,372,000
NEW SECTION. Sec. 5015. FOR THE SUPERINTENDENT OF PUBLIC INSTRUCTION
Full Day Kindergarten Capacity Grants (30000174)
The appropriation in this section is subject to the following conditions and limitations:
(1) The appropriation is provided solely for providing space to support full-day kindergarten enrollment to those school districts with a demonstrated need. Grants may be applied for new construction, portable classrooms, or retrofits to existing facilities to accommodate kindergarten enrollment.
(2) The office of the superintendent of public instruction shall develop criteria for providing funding for specific projects to stay within the appropriation level provided in this section. The criteria must include, but are not limited to, the following: (a) Prioritizing districts eligible to receive the grant to those that have a lower ending fund balance; (b) considering a district's ability to raise funds through levies or bonds in the prior ten year period; (c) prioritizing projects that will provide full-day kindergarten at high poverty schools; and (d) requiring any district receiving funding provided in this section to demonstrate an inability to provide space for full-day kindergarten enrollment within existing school facilities.
(3) Portable classrooms funded through this grant program do not count against a district's eligibility for the school construction assistance program.
(4) The office of the state treasurer must manage the issuance of bonds associated with these grants so as to incur the lowest possible debt service costs by aligning their final maturities with the short useful life of the portables being financed.
Appropriation:
State Building Construction Account—State.................. $10,000,000
Prior Biennia (Expenditures)........................................................... $0
Future Biennia (Projected Costs)..................................................... $0
TOTAL.................................................... $10,000,000
NEW SECTION. Sec. 5016. FOR THE SUPERINTENDENT OF PUBLIC INSTRUCTION
Healthy Kids - Healthy Schools Grants (91000406)
The appropriation in this section is subject to the following conditions and limitations:
(1) The office of the superintendent of public instruction, after consulting with maintenance and operations administrators of school districts and the department of health, shall develop criteria for providing funding and outcomes for specific projects to stay within the appropriation level provided in this section consistent with the healthiest next generation priorities. The criteria must include, but are not limited to, the following: (a) Districts or schools may apply for grants but no single district may receive more than $200,000 of the appropriation; (b) requiring any district receiving funding provided in this section to demonstrate a consistent commitment to addressing school facilities' needs; (c) requiring any district receiving funding provided in this section to demonstrate a consistent commitment to support Washington's healthiest next generation efforts; and (d) prioritizing applicants with a high percentage of students who are eligible and enrolled in the free and reduced-price meals program.
(2) A maximum of $2,000,000 of the appropriation is for competitive equipment assistance grants consistent with chapter . . ., Laws of 2015 (House Bill No. 1164).
(3) A maximum of $1,000,000 of the appropriation is for the purchase and installation of water bottle filling stations.
(4) The remainder of the appropriation may be used to purchase equipment or make repairs and renovations related to improving children's health and may include, but are not limited to, the following: (a) Fitness playground equipment, covered play, physical education equipment or related structures or renovation; (b) garden related structures and greenhouses to provide students access to fresh produce; and (c) kitchen equipment or upgrades.
(5) If grant applications for purposes of subsections (2) and (3) of this section are insufficient to exhaust the maximum amounts specified in those subsections, the remaining amounts may be expended for purposes of subsection (4) of this section.
(6) The office of the state treasurer must manage the issuance of bonds associated with these grants so as to incur the lowest possible debt service costs by aligning their final maturities with the short useful life of the equipment being financed.
Appropriation:
State Building Construction Account—State.................... $5,000,000
Prior Biennia (Expenditures)........................................................... $0
Future Biennia (Projected Costs)..................................... $20,000,000
TOTAL.................................................... $25,000,000
NEW SECTION. Sec. 5017. FOR THE SUPERINTENDENT OF PUBLIC INSTRUCTION
Energy Efficiency Grants for K-12 Schools (91000017)
Reappropriation:
State Building Construction Account—State....................... $415,000
Prior Biennia (Expenditures)........................................... $39,585,000
Future Biennia (Projected Costs)..................................................... $0
TOTAL.................................................... $40,000,000
NEW SECTION. Sec. 5018. FOR THE SUPERINTENDENT OF PUBLIC INSTRUCTION
Distressed Schools (91000024)
The reappropriation in this section is subject to the following conditions and limitations: The reappropriation is subject to the provisions of section 5021, chapter 19, Laws of 2013 2nd sp. sess.
Reappropriation:
State Building Construction Account—State.................. $10,000,000
Prior Biennia (Expenditures)........................................................... $0
Future Biennia (Projected Costs)..................................................... $0
TOTAL.................................................... $10,000,000
NEW SECTION. Sec. 5019. FOR THE SUPERINTENDENT OF PUBLIC INSTRUCTION
Energy Efficiency Grants for K-12 Schools (91000025)
Reappropriation:
State Building Construction Account—State.................... $4,186,000
Prior Biennia (Expenditures)............................................. $2,814,000
Future Biennia (Projected Costs)..................................................... $0
TOTAL...................................................... $7,000,000
NEW SECTION. Sec. 5020. FOR THE SUPERINTENDENT OF PUBLIC INSTRUCTION
San Juan Island School District STEM Vocational Bldg Renovation (91000027)
Reappropriation:
State Building Construction Account—State....................... $166,000
Prior Biennia (Expenditures)................................................ $834,000
Future Biennia (Projected Costs)..................................................... $0
TOTAL...................................................... $1,000,000
NEW SECTION. Sec. 5021. FOR THE SUPERINTENDENT OF PUBLIC INSTRUCTION
Wenatchee Valley Skills Center (92000004)
Reappropriation:
State Building Construction Account—State.................... $2,167,000
Prior Biennia (Expenditures)............................................. $7,333,000
Future Biennia (Projected Costs)..................................................... $0
TOTAL...................................................... $9,500,000
NEW SECTION. Sec. 5022. FOR THE SUPERINTENDENT OF PUBLIC INSTRUCTION
NEWTECH (Spokane Area Professional-Technical Skills Center) (92000005)
The appropriations in this section are subject to the following conditions and limitations: Funding is provided solely as a grant to constitute local funding available to NEWTECH (Spokane area professional-technical skills center) in order to be eligible for state funding assistance through the school construction assistance program pursuant to RCW 28A.525.166.
Reappropriation:
State Building Construction Account—State.................... $7,786,000
Appropriation:
School Construction and Skill Centers Building
Account......................................................................... $500,000
Prior Biennia (Expenditures)............................................. $5,901,000
Future Biennia (Projected Costs)..................................................... $0
TOTAL.................................................... $14,187,000
NEW SECTION. Sec. 5023. FOR THE SUPERINTENDENT OF PUBLIC INSTRUCTION
Puget Sound Skills Center (92000007)
The appropriations in this section are subject to the following conditions and limitations: Funding is provided solely as a grant to constitute local funding available to the Puget Sound skills center in order to be eligible for state funding assistance through the school construction assistance program pursuant to RCW 28A.525.166.
Appropriation:
State Building Construction Account—State.................... $3,600,000
Prior Biennia (Expenditures)............................................. $1,500,000
Future Biennia (Projected Costs)..................................................... $0
TOTAL...................................................... $5,100,000
NEW SECTION. Sec. 5024. FOR THE SUPERINTENDENT OF PUBLIC INSTRUCTION
Distressed Schools (92000009)
The reappropriation in this section is subject to the following conditions and limitations: The reappropriation is subject to the provisions of section 602, chapter 1, Laws of 2012 2nd sp. sess.
Reappropriation:
State Building Construction Account—State....................... $510,000
Prior Biennia (Expenditures)........................................... $26,890,000
Future Biennia (Projected Costs)..................................................... $0
TOTAL.................................................... $27,400,000
NEW SECTION. Sec. 5025. FOR THE SUPERINTENDENT OF PUBLIC INSTRUCTION
Yakima Valley Technical Skills Center Sunnyside Satellite (92000013)
Reappropriation:
State Building Construction Account—State....................... $343,000
Prior Biennia (Expenditures)............................................. $5,882,000
Future Biennia (Projected Costs)..................................................... $0
TOTAL...................................................... $6,225,000
NEW SECTION. Sec. 5026. FOR THE SUPERINTENDENT OF PUBLIC INSTRUCTION
School Security Improvement Grants (92000015)
The reappropriation in this section is subject to the following conditions and limitations: The reappropriation is subject to the provisions of section 5025, chapter 19, Laws of 2013 2nd sp. sess.
Reappropriation:
State Building Construction Account—State.................... $5,756,000
Prior Biennia (Expenditures)................................................ $900,000
Future Biennia (Projected Costs)..................................................... $0
TOTAL...................................................... $6,656,000
NEW SECTION. Sec. 5027. FOR THE SUPERINTENDENT OF PUBLIC INSTRUCTION
Delta High School (92000017)
Reappropriation:
State Building Construction Account—State.................... $3,227,000
Prior Biennia (Expenditures)............................................. $2,173,000
Future Biennia (Projected Costs)..................................................... $0
TOTAL...................................................... $5,400,000
NEW SECTION. Sec. 5028. FOR THE SUPERINTENDENT OF PUBLIC INSTRUCTION
STEM Pilot Program (91000402)
The appropriation in this section is subject to the following conditions and limitations:
(1) The amounts in this section are provided solely for the superintendent of public instruction to provide STEM pilot project grants to school districts. These grants constitute the districts' local funding for purposes of eligibility for the school construction assistance program under RCW 28A.525.166. Subject to the terms in this section, school districts are eligible to receive grants if they have a special housing burden due to lack of sufficient space for science classrooms and labs to enable students to meet statutory graduation requirements.
(2) The superintendent shall award grants to eligible school districts under the following conditions:
(a) A district must demonstrate a lack of sufficient space of science classrooms and labs to facilitate meeting statutory graduation requirements;
(b) The district has secured private donations of cash, like-kind, or equipment in a value of no less than two-hundred fifty thousand dollars. Before the superintendent may provide funding assistance through the school construction assistance program, the district must provide verification of the donation to the superintendent;
(c) At least one grant award is made to school districts located in southwest Washington;
(d) At least one grant award is made to school districts located in the Puget Sound region; and
(e) At least two grant awards are made to school districts located east of the Cascade mountains.
(3) The superintendent, in consultation with the Washington STEM education innovation alliance, shall develop criteria for providing funding for specific projects to stay within the appropriation level provided in this section. The criteria must include, but are not limited to, the following:
(a) Priority for school districts that secure private donations of cash, like-kind, or equipment in value no less than two-hundred fifty thousand dollars weighted by the ratio of school district enrollments to value of donation;
(b) A district's ability to raise funds through levies or bonds in the prior ten-year period; and
(c) Priority for applicants with a high percentage of students who are eligible and enrolled in the free and reduced-price meals program.
(4) For purposes of grant applications made in the 2015-2017 biennium, additional square footage funded through this grant program is excluded from the school district's inventory of available educational space for determining eligibility for state assistance for new construction for (a) five years following acceptance of the project by the school district board of directors, or (b) the date of the final review of the latest study and survey of the affected school district following acceptance of the project by the school district board of directors; whichever date is earliest.
(5) Each school district is limited to one grant award of no more than $3,000,000.
(6) The office of the superintendent of public instruction may charge fees consistent with capital budget guidelines established by the office of financial management for administering the grants.
(7) The superintendent of public instruction must report to the appropriate committees of the legislature and the office of financial management on the timing and use of the funds by the end of each fiscal year, until the funds are fully expended.
Appropriation:
State Building Construction Account—State.................. $15,000,000
Prior Biennia (Expenditures)........................................................... $0
Future Biennia (Projected Costs)..................................................... $0
TOTAL.................................................... $15,000,000
NEW SECTION. Sec. 5029. FOR THE SUPERINTENDENT OF PUBLIC INSTRUCTION
Distressed Schools (91000404)
The appropriation in this section is subject to the following conditions and limitations:
(1) $10,000,000 of the appropriation in this section is provided solely for renovations of Magnolia elementary school and E.C. Hughes elementary school.
(2) $5,000,000 of the appropriation is provided solely for the replacement of the Marysville Pilchuck high school cafeteria.
Appropriation:
State Building Construction Account—State.................. $15,000,000
Prior Biennia (Expenditures)........................................................... $0
Future Biennia (Projected Costs)..................................................... $0
TOTAL.................................................... $15,000,000
NEW SECTION. Sec. 5030. FOR THE STATE SCHOOL FOR THE BLIND
General Campus Preservation (30000033)
Reappropriation:
State Building Construction Account—State....................... $100,000
Prior Biennia (Expenditures)................................................ $400,000
Future Biennia (Projected Costs)..................................................... $0
TOTAL......................................................... $500,000
NEW SECTION. Sec. 5031. FOR THE STATE SCHOOL FOR THE BLIND
General Campus Preservation (30000088)
Appropriation:
State Building Construction Account—State....................... $820,000
Prior Biennia (Expenditures)........................................................... $0
Future Biennia (Projected Costs)....................................... $1,920,000
TOTAL...................................................... $2,740,000
NEW SECTION. Sec. 5032. FOR THE WASHINGTON STATE CENTER FOR CHILDHOOD DEAFNESS AND HEARING LOSS
Minor Public Works (30000023)
Reappropriation:
State Building Construction Account—State....................... $972,000
Prior Biennia (Expenditures).................................................. $28,000
Future Biennia (Projected Costs)..................................................... $0
TOTAL...................................................... $1,000,000
NEW SECTION. Sec. 5033. FOR THE WASHINGTON STATE CENTER FOR CHILDHOOD DEAFNESS AND HEARING LOSS
Minor Works - Preservation (30000025)
Appropriation:
State Building Construction Account—State....................... $500,000
Prior Biennia (Expenditures)........................................................... $0
Future Biennia (Projected Costs)....................................... $2,000,000
TOTAL...................................................... $2,500,000
NEW SECTION. Sec. 5034. FOR THE UNIVERSITY OF WASHINGTON
Denny Hall Renovation (20081002)
Reappropriation:
State Building Construction Account—State.................. $27,300,000
Prior Biennia (Expenditures)............................................. $5,590,000
Future Biennia (Projected Costs)..................................................... $0
TOTAL.................................................... $32,890,000
NEW SECTION. Sec. 5035. FOR THE UNIVERSITY OF WASHINGTON
Lewis Hall Renovation (20081003)
Reappropriation:
State Building Construction Account—State....................... $150,000
Prior Biennia (Expenditures)............................................. $3,915,000
Future Biennia (Projected Costs)..................................................... $0
TOTAL...................................................... $4,065,000
NEW SECTION. Sec. 5036. FOR THE UNIVERSITY OF WASHINGTON
Burke Museum (20082850)
Reappropriation:
State Building Construction Account—State....................... $650,000
Appropriation:
State Building Construction Account—State.................. $26,000,000
Prior Biennia (Expenditures)............................................. $3,150,000
Future Biennia (Projected Costs)..................................................... $0
TOTAL.................................................... $29,800,000
NEW SECTION. Sec. 5037. FOR THE UNIVERSITY OF WASHINGTON
Health Sciences Education Phase I - T-Wing Renovation/Addition (30000486)
Appropriation:
State Building Construction Account—State....................... $623,000
Prior Biennia (Expenditures)........................................................... $0
Future Biennia (Projected Costs)..................................... $93,377,000
TOTAL.................................................... $94,000,000
NEW SECTION. Sec. 5038. FOR THE UNIVERSITY OF WASHINGTON
University of Washington Bothell (30000378)
The appropriation in this section is subject to the following conditions and limitations: The appropriation in this section is provided solely for predesign, which may also serve as bridging documents, design, competition honoraria, project management, and other planning activities including permits. The building must be delivered using design build, as defined by chapter 39.10 RCW with a guarantee for energy, operations, and maintenance performance. The term for performance guarantee must not be less than one year. The state may use state employees for services not related to building performance. Criteria for selecting the design build contractor must include life cycle costs, energy costs, or energy use index. Contractors, and architectural and engineering firms may be eligible for additional points during the scoring process if they have experience with the state agency, or if they are considered a small business. The building must be built using sustainable building standards as defined in section 7008 of this act.
Appropriation:
State Building Construction Account—State....................... $500,000
Prior Biennia (Expenditures)........................................................... $0
Future Biennia (Projected Costs)..................................... $57,600,000
TOTAL.................................................... $58,100,000
NEW SECTION. Sec. 5039. FOR THE UNIVERSITY OF WASHINGTON
University of Washington Minor Capital Repairs - Preservation (30000494)
Reappropriation:
University of Washington Building Account—State........ $4,200,000
Prior Biennia (Expenditures)........................................... $42,554,000
TOTAL.................................................... $46,754,000
NEW SECTION. Sec. 5040. FOR THE UNIVERSITY OF WASHINGTON
School of Nursing Simulation Learning Lab (30000600)
Appropriation:
State Building Construction Account—State.................... $4,000,000
Prior Biennia (Expenditures)........................................................... $0
Future Biennia (Projected Costs)..................................................... $0
TOTAL...................................................... $4,000,000
NEW SECTION. Sec. 5041. FOR THE UNIVERSITY OF WASHINGTON
Health Sciences Interprofessional Education Classroom Phase I (30000602)
Appropriation:
State Building Construction Account—State.................... $3,000,000
Prior Biennia (Expenditures)........................................................... $0
Future Biennia (Projected Costs)..................................................... $0
TOTAL...................................................... $3,000,000
NEW SECTION. Sec. 5042. FOR THE UNIVERSITY OF WASHINGTON
Computer Science and Engineering Expansion (30000603)
Appropriation:
State Building Construction Account—State.................... $6,033,000
Prior Biennia (Expenditures)........................................................... $0
Future Biennia (Projected Costs)..................................... $33,967,000
TOTAL.................................................... $40,000,000
NEW SECTION. Sec. 5043. FOR THE UNIVERSITY OF WASHINGTON
University of Washington Minor Capital Repairs - Preservation (30000604)
Appropriation:
University of Washington Building Account—State...... $43,175,000
Prior Biennia (Expenditures)........................................................... $0
Future Biennia (Projected Costs)................................... $172,700,000
TOTAL.................................................. $215,875,000
NEW SECTION. Sec. 5044. FOR THE UNIVERSITY OF WASHINGTON
Preventive Facility Maintenance and Building System Repairs (30000714)
Appropriation:
University of Washington Building Account—State...... $25,825,000
Prior Biennia (Expenditures)........................................................... $0
Future Biennia (Projected Costs)................................... $103,300,000
TOTAL.................................................. $129,125,000
NEW SECTION. Sec. 5045. FOR THE UNIVERSITY OF WASHINGTON
University of Washington Tacoma Urban/Science Education Facility (91000014)
Reappropriation:
State Building Construction Account—State....................... $500,000
Prior Biennia (Expenditures)............................................. $1,400,000
Future Biennia (Projected Costs)..................................................... $0
TOTAL...................................................... $1,900,000
NEW SECTION. Sec. 5046. FOR THE UNIVERSITY OF WASHINGTON
University of Washington Tacoma Campus Soil Remediation (92000002)
Appropriation:
State Building Construction Account—State.................... $1,000,000
Prior Biennia (Expenditures)........................................................... $0
Future Biennia (Projected Costs)....................................... $4,000,000
TOTAL...................................................... $5,000,000
NEW SECTION. Sec. 5047. FOR THE WASHINGTON STATE UNIVERSITY
Washington State University Pullman - Troy Hall Renovation (20061030)
Reappropriation:
State Building Construction Account—State....................... $850,000
Washington State University Building Account—State...... $400,000
Subtotal Reappropriation........................... $1,250,000
Appropriation:
State Building Construction Account—State.................. $30,282,000
Prior Biennia (Expenditures)................................................ $771,000
Future Biennia (Projected Costs)..................................................... $0
TOTAL.................................................... $32,303,000
NEW SECTION. Sec. 5048. FOR THE WASHINGTON STATE UNIVERSITY
Clean Technology Laboratory (30000069)
Reappropriation:
State Building Construction Account—State.................... $8,000,000
Prior Biennia (Expenditures)........................................... $24,835,000
Future Biennia (Projected Costs)..................................................... $0
TOTAL.................................................... $32,835,000
NEW SECTION. Sec. 5049. FOR THE WASHINGTON STATE UNIVERSITY
2013-15 Minor Works - Preservation, Safety, and Infrastructure (30000849)
Reappropriation:
State Building Construction Account—State....................... $650,000
Washington State University Building
Account—State.......................................................... $1,720,000
Subtotal Reappropriation........................................... $2,370,000
Prior Biennia (Expenditures)........................................... $26,194,000
Future Biennia (Projected Costs)..................................................... $0
TOTAL.................................................... $28,564,000
NEW SECTION. Sec. 5050. FOR THE WASHINGTON STATE UNIVERSITY
2015-17 Minor Works - Preservation (30001188)
Appropriation:
Washington State University Building Account—
State......................................................................... $41,885,000
Prior Biennia (Expenditures)........................................................... $0
Future Biennia (Projected Costs)................................... $134,340,000
TOTAL.................................................. $176,225,000
NEW SECTION. Sec. 5051. FOR THE WASHINGTON STATE UNIVERSITY
Washington State University Tri-Cities - Academic Building (30001190)
Appropriation:
State Building Construction Account—State....................... $400,000
Prior Biennia (Expenditures)........................................................... $0
Future Biennia (Projected Costs)..................................... $68,600,000
TOTAL.................................................... $69,000,000
NEW SECTION. Sec. 5052. FOR THE WASHINGTON STATE UNIVERSITY
Global Animal Health Building (30001322)
Appropriation:
State Building Construction Account—State.................... $1,900,000
Prior Biennia (Expenditures)........................................................... $0
Future Biennia (Projected Costs)..................................... $59,400,000
TOTAL.................................................... $61,300,000
NEW SECTION. Sec. 5053. FOR THE WASHINGTON STATE UNIVERSITY
Preventive Facility Maintenance and Building System Repairs (30001324)
Appropriation:
Washington State University Building Account—
State......................................................................... $10,115,000
Prior Biennia (Expenditures)........................................................... $0
Future Biennia (Projected Costs)..................................................... $0
TOTAL.................................................... $10,115,000
NEW SECTION. Sec. 5054. FOR THE WASHINGTON STATE UNIVERSITY
Everett University Center (91000026)
Reappropriation:
State Building Construction Account—State.................... $4,000,000
Appropriation:
State Building Construction Account—State.......................... $54,563,000
Prior Biennia (Expenditures)............................................. $6,000,000
Future Biennia (Projected Costs)..................................................... $0
TOTAL.................................................... $64,563,000
NEW SECTION. Sec. 5055. FOR THE WASHINGTON STATE UNIVERSITY
Joint Center for Deployment and Research in Earth Abundant Materials (91000029)
The appropriation in this section is subject to the following conditions and limitations:
(1) Funding is provided solely for capital improvements, infrastructure, and equipment, to support: (a) A transformative program in earth-abundant materials to accelerate the development of next generation clean energy and transportation technologies in Washington; (b) a coordinated framework and resources that can facilitate and promote multi-institution collaborations to drive research, development, and deployment efforts in the use of earth-abundant materials for manufactured clean technologies or recycling of advanced materials used in clean technologies; and (c) environmentally responsible processes in the areas of manufacturing and recycling of advanced materials used in clean technologies.
(2) Administration of the appropriation is under the joint authority of the Washington State University and the University of Washington. Washington State University and the University of Washington, in consultation with the regional universities, the Pacific Northwest national laboratory, and industry experts, shall develop criteria for providing funding for specific projects at public four-year institutions of higher education to stay within the appropriation level provided in this section. Funding for administrative offices may be provided for administrative offices west of the crest of the Cascade mountains only.
(3) The office of the state treasurer must manage the issuance of bonds associated with approved equipment funding so as to incur the lowest possible debt service costs by aligning their final maturities with the short useful life of the equipment being financed.
Appropriation:
State Building Construction Account—State.................... $2,000,000
Prior Biennia (Expenditures)........................................................... $0
Future Biennia (Projected Costs)..................................................... $0
TOTAL...................................................... $2,000,000
NEW SECTION. Sec. 5056. FOR THE WASHINGTON STATE UNIVERSITY
Inventory and Condition of Schools Data Collection (91000033)
The appropriation in this section is subject to the following conditions and limitations:
(1) The appropriation is provided solely for the Washington State University extension energy office to complete collection, input, and verification of data of public school facilities in the inventory and condition of schools system administered and maintained by the superintendent of public instruction.
(2) The legislature intends to complete the data collection, input, and verification of the inventory and condition of public school facilities in order to make informed decisions about K-12 school facility and capacity needs to fulfill current educational graduation requirements and class-size ratios. These decisions are best made when based on accurate data collected in a thorough and consistent manner by professionals experienced in making such inventory and condition assessments for public institutions.
(3) The Washington State University extension energy office shall conduct on-site visits to assess inventory and condition of all facilities for school districts that have no current study and survey as defined in RCW 28A.525.050 on file with the superintendent of public instruction as of July 1, 2015, or no pending study and survey to be filed with the superintendent through an outstanding study and survey grant award. The data collected through on-site visits must be input into the inventory and condition of schools system.
(4) The Washington State University extension energy office shall input into the inventory and condition of schools system applicable data of inventory and condition of school facilities from all current studies and surveys on file with the superintendent of public instruction as of July 1, 2015. The data must be input into the system in a manner that captures older information and data first. As studies and surveys from outstanding grant awards are filed with the superintendent, the Washington State University extension energy office shall input data into the system once current study and survey data has been input. Activities conducted pursuant to this subsection must occur concurrently with activities in subsection (3) of this section.
(5) The Washington State University extension energy office shall conduct on-site verification of data for school districts whose current studies and surveys on file with the superintendent will expire by June 30, 2017. Data verification must be conducted to evaluate the study and survey process as a tool to collect accurate inventory and condition of schools data upon which policymakers can make informed decisions regarding school facility and capacity needs. Activities conducted pursuant to this subsection must occur concurrently with activities in subsection (3) of this section and once sufficient data has been input into the system per subsection (4) of this section to conduct on-site visits to verification.
(6) As a general condition of appropriations provided to the superintendent of public instruction in this act, the superintendent of public instruction and each state school district shall provide requested facilities information and access to facilities in a timely manner to enable the Washington State University extension energy office to complete the tasks, oversight, and reporting requirements assigned in this section.
(7) The Washington State University extension energy office shall report progress of data collection, input, and verification to the appropriate committees of the legislature no later than December 1, 2015. The Washington State University extension energy office must complete all work in this section and make a final report to the appropriate committees of the legislature no later than December 1, 2016.
Appropriation:
Common School Construction Account—State................ $1,500,000
Prior Biennia (Expenditures)........................................................... $0
Future Biennia (Projected Costs)..................................................... $0
TOTAL...................................................... $1,500,000
NEW SECTION. Sec. 5057. FOR THE EASTERN WASHINGTON UNIVERSITY
University Science Center - Science I (30000001)
Appropriation:
State Building Construction Account—State.................... $4,791,000
Prior Biennia (Expenditures)................................................ $400,000
Future Biennia (Projected Costs)..................................... $55,444,000
TOTAL.................................................... $60,635,000
NEW SECTION. Sec. 5058. FOR THE EASTERN WASHINGTON UNIVERSITY
Upgrade/Repair Campus Water System (30000422)
Reappropriation:
State Building Construction Account—State.................... $3,533,000
Eastern Washington University Capital Projects Account—
State........................................................................... $1,770,000
Subtotal Reappropriation........................... $5,303,000
Prior Biennia (Expenditures)............................................. $1,975,000
Future Biennia (Projected Costs)..................................................... $0
TOTAL...................................................... $7,278,000
NEW SECTION. Sec. 5059. FOR THE EASTERN WASHINGTON UNIVERSITY
University Science Center - Science II (30000466)
Appropriation:
State Building Construction Account—State.................... $5,575,000
Prior Biennia (Expenditures)................................................ $350,000
Future Biennia (Projected Costs)..................................... $67,290,000
TOTAL.................................................... $73,215,000
NEW SECTION. Sec. 5060. FOR THE EASTERN WASHINGTON UNIVERSITY
Eastern Washington University Minor Works Preservation (30000468)
Reappropriation:
Eastern Washington University Capital Projects
Account—State.......................................................... $2,293,000
Prior Biennia (Expenditures)............................................. $6,207,000
Future Biennia (Projected Costs)..................................................... $0
TOTAL...................................................... $8,500,000
NEW SECTION. Sec. 5061. FOR THE EASTERN WASHINGTON UNIVERSITY
Infrastructure Renewal I (30000506)
Appropriation:
State Building Construction Account—State.................... $9,949,000
Prior Biennia (Expenditures)........................................................... $0
Future Biennia (Projected Costs)..................................................... $0
TOTAL...................................................... $9,949,000
NEW SECTION. Sec. 5062. FOR THE EASTERN WASHINGTON UNIVERSITY
Renovate Science (30000507)
Appropriation:
State Building Construction Account—State....................... $350,000
Prior Biennia (Expenditures)........................................................... $0
Future Biennia (Projected Costs)..................................... $52,000,000
TOTAL.................................................... $52,350,000
NEW SECTION. Sec. 5063. FOR THE EASTERN WASHINGTON UNIVERSITY
Minor Works - Facility Preservation (30000513)
Appropriation:
State Building Construction Account—State.................... $8,167,000
Eastern Washington University Capital Projects Account—
State........................................................................... $3,500,000
Subtotal Appropriation............................ $11,667,000
Prior Biennia (Expenditures)........................................................... $0
Future Biennia (Projected Costs)..................................... $56,000,000
TOTAL.................................................... $67,667,000
NEW SECTION. Sec. 5064. FOR THE EASTERN WASHINGTON UNIVERSITY
Minor Works - Program (30000516)
Appropriation:
Eastern Washington University Capital Projects Account—
State........................................................................... $3,500,000
Prior Biennia (Expenditures)........................................................... $0
Future Biennia (Projected Costs)..................................... $16,000,000
TOTAL.................................................... $19,500,000
NEW SECTION. Sec. 5065. FOR THE EASTERN WASHINGTON UNIVERSITY
Preventive Maintenance and Building System Repairs (30000547)
Appropriation:
Eastern Washington University Capital Projects Account—
State........................................................................... $2,217,000
Prior Biennia (Expenditures)........................................................... $0
Future Biennia (Projected Costs)....................................... $8,868,000
TOTAL.................................................... $11,085,000
NEW SECTION. Sec. 5066. FOR THE CENTRAL WASHINGTON UNIVERSITY
Science Building (30000045)
Reappropriation:
State Building Construction Account—State.................. $42,000,000
Prior Biennia (Expenditures)........................................... $21,771,000
Future Biennia (Projected Costs)..................................................... $0
TOTAL.................................................... $63,771,000
NEW SECTION. Sec. 5067. FOR THE CENTRAL WASHINGTON UNIVERSITY
Samuelson Communication and Technology Center (SCTC) (30000451)
Reappropriation:
State Building Construction Account—State.................... $1,600,000
Appropriation:
State Building Construction Account—State.......................... $58,677,000
Prior Biennia (Expenditures)............................................. $3,400,000
Future Biennia (Projected Costs)..................................................... $0
TOTAL.................................................... $63,677,000
NEW SECTION. Sec. 5068. FOR THE CENTRAL WASHINGTON UNIVERSITY
Combined Utilities (30000448)
Reappropriation:
State Building Construction Account—State....................... $430,000
Prior Biennia (Expenditures)............................................. $9,780,000
Future Biennia (Projected Costs)..................................................... $0
TOTAL.................................................... $10,210,000
NEW SECTION. Sec. 5069. FOR THE CENTRAL WASHINGTON UNIVERSITY
Nutrition Science (30000456)
Appropriation:
State Building Construction Account—State.................... $4,300,000
Prior Biennia (Expenditures)................................................ $281,000
Future Biennia (Projected Costs)..................................... $44,400,000
TOTAL.................................................... $48,981,000
NEW SECTION. Sec. 5070. FOR THE CENTRAL WASHINGTON UNIVERSITY
Brooks Library Learning Commons (30000530)
Appropriation:
State Building Construction Account—State.................... $4,900,000
Prior Biennia (Expenditures)........................................................... $0
Future Biennia (Projected Costs)..................................................... $0
TOTAL...................................................... $4,900,000
NEW SECTION. Sec. 5071. FOR THE CENTRAL WASHINGTON UNIVERSITY
Minor Works Preservation (30000615)
Reappropriation:
Central Washington University Capital Projects
Account—State.......................................................... $1,500,000
Prior Biennia (Expenditures)............................................. $5,500,000
Future Biennia (Projected Costs)..................................................... $0
TOTAL...................................................... $7,000,000
NEW SECTION. Sec. 5072. FOR THE CENTRAL WASHINGTON UNIVERSITY
Minor Works Preservation (30000684)
Appropriation:
State Building Construction Account—State.................... $6,659,000
Central Washington University Capital Projects Account—
State.............................................................................. $787,000
Subtotal Appropriation.............................. $7,446,000
Prior Biennia (Expenditures)........................................................... $0
Future Biennia (Projected Costs)..................................... $20,640,000
TOTAL.................................................... $28,086,000
NEW SECTION. Sec. 5073. FOR THE CENTRAL WASHINGTON UNIVERSITY
Bouillon Hall Renovation (30000711)
Appropriation:
State Building Construction Account—State.................... $4,977,000
Prior Biennia (Expenditures)........................................................... $0
Future Biennia (Projected Costs)..................................................... $0
TOTAL...................................................... $4,977,000
NEW SECTION. Sec. 5074. FOR THE CENTRAL WASHINGTON UNIVERSITY
Minor Works Program (30000723)
Appropriation:
Central Washington University Capital Projects Account—
State........................................................................... $3,777,000
Prior Biennia (Expenditures)........................................................... $0
Future Biennia (Projected Costs)....................................... $4,768,000
TOTAL...................................................... $8,545,000
NEW SECTION. Sec. 5075. FOR THE CENTRAL WASHINGTON UNIVERSITY
Lind Hall Renovation (30000738)
Appropriation:
State Building Construction Account—State.................... $4,900,000
Prior Biennia (Expenditures)........................................................... $0
Future Biennia (Projected Costs)..................................................... $0
TOTAL...................................................... $4,900,000
NEW SECTION. Sec. 5076. FOR THE CENTRAL WASHINGTON UNIVERSITY
Combined Utilities (30000740)
Appropriation:
State Building Construction Account—State.................... $8,000,000
Prior Biennia (Expenditures)........................................................... $0
Future Biennia (Projected Costs)..................................... $32,000,000
TOTAL.................................................... $40,000,000
NEW SECTION. Sec. 5077. FOR THE CENTRAL WASHINGTON UNIVERSITY
Old Heat - Plant Annex (30000767)
Appropriation:
State Building Construction Account—State.................... $4,900,000
Prior Biennia (Expenditures)........................................................... $0
Future Biennia (Projected Costs)..................................................... $0
TOTAL...................................................... $4,900,000
NEW SECTION. Sec. 5078. FOR THE CENTRAL WASHINGTON UNIVERSITY
Preventive Maintenance and Building System Repairs (30000770)
Appropriation:
Central Washington University Capital Projects Account—
State........................................................................... $2,422,000
Prior Biennia (Expenditures)........................................................... $0
Future Biennia (Projected Costs)..................................................... $0
TOTAL...................................................... $2,422,000
NEW SECTION. Sec. 5079. FOR THE EVERGREEN STATE COLLEGE
Facility Preservation (30000084)
Reappropriation:
The Evergreen State College Capital Projects
Account—State............................................................. $100,000
Prior Biennia (Expenditures)............................................. $6,600,000
Future Biennia (Projected Costs)..................................................... $0
TOTAL...................................................... $6,700,000
NEW SECTION. Sec. 5080. FOR THE EVERGREEN STATE COLLEGE
Science Center - Lab II, 2nd Floor Renovation (30000117)
Reappropriation:
State Building Construction Account—State....................... $575,000
Prior Biennia (Expenditures)............................................. $4,119,000
Future Biennia (Projected Costs)..................................................... $0
TOTAL...................................................... $4,694,000
NEW SECTION. Sec. 5081. FOR THE EVERGREEN STATE COLLEGE
Science Center - Lab I Basement Renovation (30000118)
Reappropriation:
State Building Construction Account—State.................... $1,525,000
Appropriation:
State Building Construction Account—State.................... $3,240,000
Prior Biennia (Expenditures)................................................ $280,000
Future Biennia (Projected Costs)..................................................... $0
TOTAL...................................................... $5,045,000
NEW SECTION. Sec. 5082. FOR THE EVERGREEN STATE COLLEGE
Seminar I Renovation (30000125)
Appropriation:
State Building Construction Account—State....................... $400,000
Prior Biennia (Expenditures)........................................................... $0
Future Biennia (Projected Costs)..................................... $23,318,000
TOTAL.................................................... $23,718,000
NEW SECTION. Sec. 5083. FOR THE EVERGREEN STATE COLLEGE
Facilities Preservation (30000457)
Appropriation:
State Building Construction Account—State.................... $4,720,000
The Evergreen State College Capital Projects Account—
State........................................................................... $5,628,000
Subtotal Appropriation............................ $10,348,000
Prior Biennia (Expenditures)........................................................... $0
Future Biennia (Projected Costs)..................................... $40,180,000
TOTAL.................................................... $50,528,000
NEW SECTION. Sec. 5084. FOR THE EVERGREEN STATE COLLEGE
Minor Works Program (30000487)
Appropriation:
The Evergreen State College Capital Projects
Account—State.......................................................... $1,164,000
Prior Biennia (Expenditures)........................................................... $0
Future Biennia (Projected Costs)....................................... $9,140,000
TOTAL.................................................... $10,304,000
NEW SECTION. Sec. 5085. FOR THE EVERGREEN STATE COLLEGE
Lecture Hall Remodel (30000493)
Reappropriation:
State Building Construction Account—State....................... $300,000
Appropriation:
State Building Construction Account—State.................. $16,310,000
Prior Biennia (Expenditures)............................................. $1,251,000
Future Biennia (Projected Costs)..................................................... $0
TOTAL.................................................... $17,861,000
NEW SECTION. Sec. 5086. FOR THE EVERGREEN STATE COLLEGE
Preventive Facility Maintenance and Building System Repairs (30000612)
Appropriation:
The Evergreen State College Capital Projects Account—
State.............................................................................. $783,000
Prior Biennia (Expenditures)........................................................... $0
Future Biennia (Projected Costs)....................................... $3,132,000
TOTAL...................................................... $3,915,000
NEW SECTION. Sec. 5087. FOR THE WESTERN WASHINGTON UNIVERSITY
Carver Academic Renovation (20081060)
Reappropriation:
State Building Construction Account—State....................... $323,000
Appropriation:
State Building Construction Account—State.................. $48,903,000
Prior Biennia (Expenditures)............................................. $7,051,000
Future Biennia (Projected Costs)..................................................... $0
TOTAL.................................................... $56,277,000
NEW SECTION. Sec. 5088. FOR THE WESTERN WASHINGTON UNIVERSITY
North Campus Utility Upgrade (30000426)
Reappropriation:
State Building Construction Account—State....................... $600,000
Prior Biennia (Expenditures)............................................. $2,982,000
Future Biennia (Projected Costs)..................................................... $0
TOTAL...................................................... $3,582,000
NEW SECTION. Sec. 5089. FOR THE WESTERN WASHINGTON UNIVERSITY
Performing Arts Exterior Renewal (30000428)
Reappropriation:
State Building Construction Account—State....................... $387,000
Prior Biennia (Expenditures)............................................. $2,560,000
Future Biennia (Projected Costs)..................................................... $0
TOTAL...................................................... $2,947,000
NEW SECTION. Sec. 5090. FOR THE WESTERN WASHINGTON UNIVERSITY
Classroom and Lab Upgrades Phase 2 (30000518)
Reappropriation:
State Building Construction Account—State.................... $1,800,000
Western Washington University Capital Projects Account—
State.............................................................................. $400,000
Subtotal Reappropriation........................... $2,200,000
Prior Biennia (Expenditures)............................................. $2,546,000
Future Biennia (Projected Costs)..................................................... $0
TOTAL...................................................... $4,746,000
NEW SECTION. Sec. 5091. FOR THE WESTERN WASHINGTON UNIVERSITY
Minor Works - Preservation (30000524)
Reappropriation:
Western Washington University Capital Projects
Account—State............................................................. $750,000
Prior Biennia (Expenditures)............................................. $6,750,000
Future Biennia (Projected Costs)..................................................... $0
TOTAL...................................................... $7,500,000
NEW SECTION. Sec. 5092. FOR THE WESTERN WASHINGTON UNIVERSITY
Science Building Renovation and Addition (30000598)
Appropriation:
State Building Construction Account—State....................... $500,000
Prior Biennia (Expenditures)........................................................... $0
Future Biennia (Projected Costs)..................................... $97,215,000
TOTAL.................................................... $97,715,000
NEW SECTION. Sec. 5093. FOR THE WESTERN WASHINGTON UNIVERSITY
2015-17 Classroom and Lab Upgrades (30000600)
Appropriation:
Western Washington University Capital Projects Account—
State........................................................................... $4,400,000
Prior Biennia (Expenditures)........................................................... $0
Future Biennia (Projected Costs)..................................................... $0
TOTAL...................................................... $4,400,000
NEW SECTION. Sec. 5094. FOR THE WESTERN WASHINGTON UNIVERSITY
Minor Works - Preservation (30000615)
Appropriation:
State Building Construction Account—State.................... $7,035,000
Western Washington University Capital Projects
Account—State.......................................................... $4,886,000
Subtotal Appropriation............................ $11,921,000
Prior Biennia (Expenditures)........................................................... $0
Future Biennia (Projected Costs)..................................... $64,422,000
TOTAL.................................................... $76,343,000
NEW SECTION. Sec. 5095. FOR THE WESTERN WASHINGTON UNIVERSITY
Preventive Facility Maintenance and Building System Repairs (30000757)
Appropriation:
Western Washington University Capital Projects Account—
State........................................................................... $3,614,000
Prior Biennia (Expenditures)........................................................... $0
Future Biennia (Projected Costs)..................................... $14,456,000
TOTAL.................................................... $18,070,000
NEW SECTION. Sec. 5096. FOR THE WASHINGTON STATE HISTORICAL SOCIETY
Washington Heritage Grants (20074004)
The reappropriation in this section is subject to the following conditions and limitations:
(1) The reappropriation in this section is subject to the provisions of RCW 27.34.330.
(2) The reappropriation in this section is subject to the project list in section 5137, chapter 520, Laws of 2007.
(3) The reappropriation in this section is subject to the provisions of section 5044, chapter 36, Laws of 2010 1st sp. sess.
Reappropriation:
State Building Construction Account—State....................... $340,000
Prior Biennia (Expenditures)............................................. $9,565,000
Future Biennia (Projected Costs)..................................................... $0
TOTAL...................................................... $9,905,000
NEW SECTION. Sec. 5097. FOR THE WASHINGTON STATE HISTORICAL SOCIETY
Washington Heritage Project Capital Grants (30000011)
The reappropriation in this section is subject to the following conditions and limitations:
(1) The reappropriation in this section is subject to the provisions of section 5120, chapter 497, Laws of 2009.
(2) The reappropriation in this section is subject to the provisions of section 5045, chapter 36, Laws of 2010 1st sp. sess.
Reappropriation:
State Building Construction Account—State....................... $200,000
Prior Biennia (Expenditures)............................................. $9,225,000
Future Biennia (Projected Costs)..................................................... $0
TOTAL...................................................... $9,425,000
NEW SECTION. Sec. 5098. FOR THE WASHINGTON STATE HISTORICAL SOCIETY
Washington Heritage Grants (30000117)
The reappropriation in this section is subject to the following conditions and limitations:
(1) The reappropriation in this section is subject to the provisions of RCW 27.34.330.
(2) The reappropriation in this section is subject to the provisions of section 622, chapter 1, Laws of 2012 2nd sp. sess.
Reappropriation:
State Building Construction Account—State....................... $300,000
Prior Biennia (Expenditures)............................................. $6,782,000
Future Biennia (Projected Costs)..................................................... $0
TOTAL...................................................... $7,082,000
NEW SECTION. Sec. 5099. FOR THE WASHINGTON STATE HISTORICAL SOCIETY
Facilities Preservation - Minor Works Projects (30000164)
Reappropriation:
State Building Construction Account—State....................... $830,000
Prior Biennia (Expenditures)............................................. $1,653,000
Future Biennia (Projected Costs)..................................................... $0
TOTAL...................................................... $2,483,000
NEW SECTION. Sec. 5100. FOR THE WASHINGTON STATE HISTORICAL SOCIETY
Heritage Capital Grants Projects (30000170)
The reappropriation in this section is subject to the following conditions and limitations:
(1) The reappropriation in this section is subject to the provisions of RCW 27.34.330.
(2) The reappropriation in this section is subject to the project list in section 5093, chapter 19, Laws of 2013 2nd sp. sess.
Reappropriation:
State Building Construction Account—State.................... $4,700,000
Prior Biennia (Expenditures)............................................. $5,131,000
Future Biennia (Projected Costs)..................................................... $0
TOTAL...................................................... $9,831,000
NEW SECTION. Sec. 5101. FOR THE WASHINGTON STATE HISTORICAL SOCIETY
History Museum Membrane System Replacement (30000220)
Appropriation:
State Building Construction Account—State.................... $1,805,000
Prior Biennia (Expenditures)........................................................... $0
Future Biennia (Projected Costs)..................................................... $0
TOTAL...................................................... $1,805,000
NEW SECTION. Sec. 5102. FOR THE WASHINGTON STATE HISTORICAL SOCIETY
Facilities Preservation – Minor Works Projects (30000222)
Appropriation:
State Building Construction Account—State.................... $2,515,000
Prior Biennia (Expenditures)........................................................... $0
Future Biennia (Projected Costs)..................................... $10,000,000
TOTAL.................................................... $12,515,000
NEW SECTION. Sec. 5103. FOR THE WASHINGTON STATE HISTORICAL SOCIETY
Washington Heritage Grants (30000237)
The appropriation in this section is subject to the following conditions and limitations:
(1) The appropriation is subject to the provisions of RCW 27.34.330.
(2) The appropriation is provided solely for the following list of projects:
Project Authorized Amount
Pantages centennial: Façade restoration....................................... $685,000
Chong Wa parapet preservation..................................................... $66,000
Rehabilitation of historic structures.............................................. $750,000
Renovation heating of interior space of Balfour dock............... $1,000,000
Town hall historic restoration: Phase one of construction........ $1,000,000
Washington hall restoration.......................................................... $452,000
Rehabilitation of Ritzville library for ADA compliance.............. $138,000
Quartermaster and dental surgery renovation project.................. $309,000
Skagit city school restoration......................................................... $91,000
Yamasaki courtyard restoration project........................................ $129,000
Prairie line trail historic interpretation project............................. $400,000
Ancich netshed restoration........................................................... $662,000
Chimney, gutter, and kitchen restoration....................................... $11,000
Federal building rehabilitation - phases II and III........................ $920,000
Preservation of the Colville Indian agency cabin in Chewelah...... $33,000
Arthur Foss preservation and restoration phase II........................ $166,000
Seaport landing development - renovation of building #8........ $1,000,000
Si view community center rehabilitation project phase II............ $130,000
Revitalization to historic wells house for community use.............. $26,000
Chiyo's garden phase II................................................................ $108,000
Historic community center, library, and city hall restoration....... $185,000
Sea mar latino history and cultural center.................................... $654,000
Olympia waldorf school - the next 100 years................................. $20,000
Chinook school restoration - final phase........................................ $79,000
Phase III of Worthington park - Quilcene.................................... $244,000
El centro de la raza community access and security project........ $100,000
Steam locomotives changed everything....................................... $199,000
The artifact/exhibit environmental conservation project.................. $8,000
F/V Shenandoah restoration project - phase three.......................... $41,000
Henderson house and Tumwater historic district interpretive........ $50,000
Carnegie library renovation phase II............................................ $344,000
Total........................................................................................ $10,000,000
Appropriation:
State Building Construction Account—State.................. $10,000,000
Prior Biennia (Expenditures)........................................................... $0
Future Biennia (Projected Costs)..................................................... $0
TOTAL.................................................... $10,000,000
NEW SECTION. Sec. 5104. FOR THE EASTERN WASHINGTON STATE HISTORICAL SOCIETY
Minor Works - Preservation (30000038)
Appropriation:
State Building Construction Account—State....................... $702,000
Prior Biennia (Expenditures)........................................................... $0
Future Biennia (Projected Costs)..................................................... $0
TOTAL......................................................... $702,000
NEW SECTION. Sec. 5105. FOR THE COMMUNITY AND TECHNICAL COLLEGE SYSTEM
Spokane Falls Community College: Campus Classrooms (20062696)
Reappropriation:
State Building Construction Account—State....................... $417,000
Prior Biennia (Expenditures)........................................... $19,199,000
Future Biennia (Projected Costs)..................................................... $0
TOTAL.................................................... $19,616,000
NEW SECTION. Sec. 5106. FOR THE COMMUNITY AND TECHNICAL COLLEGE SYSTEM
South Puget Sound Community College: Learning Resource Center (20062698)
Reappropriation:
State Building Construction Account—State....................... $953,000
Prior Biennia (Expenditures)........................................... $32,708,000
Future Biennia (Projected Costs)..................................................... $0
TOTAL.................................................... $33,661,000
NEW SECTION. Sec. 5107. FOR THE COMMUNITY AND TECHNICAL COLLEGE SYSTEM
Clover Park Technical College: Allied Health Care Facility (20062699)
Reappropriation:
State Building Construction Account—State....................... $944,000
Prior Biennia (Expenditures)........................................... $21,389,000
Future Biennia (Projected Costs)..................................................... $0
TOTAL.................................................... $22,333,000
NEW SECTION. Sec. 5108. FOR THE COMMUNITY AND TECHNICAL COLLEGE SYSTEM
Spokane Community College: Technical Education Building (20081220)
Reappropriation:
State Building Construction Account—State.................... $3,294,000
Prior Biennia (Expenditures)........................................... $23,136,000
Future Biennia (Projected Costs)..................................................... $0
TOTAL.................................................... $26,430,000
NEW SECTION. Sec. 5109. FOR THE COMMUNITY AND TECHNICAL COLLEGE SYSTEM
Everett Community College: Index Hall Replacement (20081221)
Reappropriation:
State Building Construction Account—State.................... $1,194,000
Prior Biennia (Expenditures)........................................... $35,120,000
Future Biennia (Projected Costs)..................................................... $0
TOTAL.................................................... $36,314,000
NEW SECTION. Sec. 5110. FOR THE COMMUNITY AND TECHNICAL COLLEGE SYSTEM
Green River Community College: Trades and Industry Building (20081222)
Reappropriation:
State Building Construction Account—State.................. $11,606,000
Prior Biennia (Expenditures)........................................... $17,013,000
Future Biennia (Projected Costs)..................................................... $0
TOTAL.................................................... $28,619,000
NEW SECTION. Sec. 5111. FOR THE COMMUNITY AND TECHNICAL COLLEGE SYSTEM
Grays Harbor College: Science and Math Building (20081226)
Reappropriation:
State Building Construction Account—State.................. $14,700,000
Prior Biennia (Expenditures)........................................... $29,444,000
Future Biennia (Projected Costs)..................................................... $0
TOTAL.................................................... $44,144,000
NEW SECTION. Sec. 5112. FOR THE COMMUNITY AND TECHNICAL COLLEGE SYSTEM
Tacoma Community College: Health Careers Center (20082701)
Reappropriation:
State Building Construction Account—State.................... $7,639,000
Prior Biennia (Expenditures)........................................... $33,534,000
Future Biennia (Projected Costs)..................................................... $0
TOTAL.................................................... $41,173,000
NEW SECTION. Sec. 5113. FOR THE COMMUNITY AND TECHNICAL COLLEGE SYSTEM
Bellevue Community College: Health Science Building (20082702)
Reappropriation:
State Building Construction Account—State.................... $9,636,000
Prior Biennia (Expenditures)........................................... $22,090,000
Future Biennia (Projected Costs)..................................................... $0
TOTAL.................................................... $31,726,000
NEW SECTION. Sec. 5114. FOR THE COMMUNITY AND TECHNICAL COLLEGE SYSTEM
Bates Technical College: Mohler Communications Technology Center (20082703)
Reappropriation:
State Building Construction Account—State.................. $15,428,000
Prior Biennia (Expenditures)........................................... $11,019,000
Future Biennia (Projected Costs)..................................................... $0
TOTAL.................................................... $26,447,000
NEW SECTION. Sec. 5115. FOR THE COMMUNITY AND TECHNICAL COLLEGE SYSTEM
Columbia Basin College: Social Science Center (20082704)
Reappropriation:
State Building Construction Account—State....................... $595,000
Appropriation:
State Building Construction Account—State.................. $14,505,000
Prior Biennia (Expenditures)................................................ $481,000
Future Biennia (Projected Costs)..................................................... $0
TOTAL.................................................... $15,581,000
NEW SECTION. Sec. 5116. FOR THE COMMUNITY AND TECHNICAL COLLEGE SYSTEM
Clark College: Health and Advanced Technologies Building (20082705)
Reappropriation:
State Building Construction Account—State.................. $29,979,000
Prior Biennia (Expenditures)............................................. $7,073,000
Future Biennia (Projected Costs)..................................................... $0
TOTAL.................................................... $37,052,000
NEW SECTION. Sec. 5117. FOR THE COMMUNITY AND TECHNICAL COLLEGE SYSTEM
Peninsula College: Fort Worden Building 202 (30000114)
Reappropriation:
State Building Construction Account—State.................... $3,876,000
Prior Biennia (Expenditures)................................................ $501,000
Future Biennia (Projected Costs)..................................................... $0
TOTAL...................................................... $4,377,000
NEW SECTION. Sec. 5118. FOR THE COMMUNITY AND TECHNICAL COLLEGE SYSTEM
Seattle Central Community College: Seattle Maritime Academy (30000120)
Reappropriation:
State Building Construction Account—State.................. $14,590,000
Prior Biennia (Expenditures)............................................. $2,238,000
Future Biennia (Projected Costs)..................................................... $0
TOTAL.................................................... $16,828,000
NEW SECTION. Sec. 5119. FOR THE COMMUNITY AND TECHNICAL COLLEGE SYSTEM
Yakima Valley Community College: Palmer Martin Building (30000121)
Reappropriation:
State Building Construction Account—State.................... $5,947,000
Prior Biennia (Expenditures)........................................... $14,293,000
Future Biennia (Projected Costs)..................................................... $0
TOTAL.................................................... $20,240,000
NEW SECTION. Sec. 5120. FOR THE COMMUNITY AND TECHNICAL COLLEGE SYSTEM
Olympic College: College Instruction Center (30000122)
Reappropriation:
State Building Construction Account—State.................... $1,152,000
Appropriation:
State Building Construction Account—State.................. $48,516,000
Prior Biennia (Expenditures)............................................. $2,472,000
Future Biennia (Projected Costs)..................................................... $0
TOTAL.................................................... $52,140,000
NEW SECTION. Sec. 5121. FOR THE COMMUNITY AND TECHNICAL COLLEGE SYSTEM
Centralia Community College: Student Services (30000123)
Reappropriation:
State Building Construction Account—State....................... $631,000
Appropriation:
State Building Construction Account—State.................. $31,385,000
Prior Biennia (Expenditures)............................................. $1,886,000
Future Biennia (Projected Costs)..................................................... $0
TOTAL.................................................... $33,902,000
NEW SECTION. Sec. 5122. FOR THE COMMUNITY AND TECHNICAL COLLEGE SYSTEM
Peninsula College: Allied Health and Early Childhood Development Center (30000126)
Reappropriation:
State Building Construction Account—State....................... $903,000
Appropriation:
State Building Construction Account—State.................. $23,790,000
Prior Biennia (Expenditures)................................................ $907,000
Future Biennia (Projected Costs)..................................................... $0
TOTAL.................................................... $25,600,000
NEW SECTION. Sec. 5123. FOR THE COMMUNITY AND TECHNICAL COLLEGE SYSTEM
South Seattle Community College: Cascade Court (30000128)
Reappropriation:
State Building Construction Account—State....................... $983,000
Appropriation:
State Building Construction Account—State.................. $28,231,000
Prior Biennia (Expenditures)............................................. $1,104,000
Future Biennia (Projected Costs)..................................................... $0
TOTAL.................................................... $30,318,000
NEW SECTION. Sec. 5124. FOR THE COMMUNITY AND TECHNICAL COLLEGE SYSTEM
North Seattle Community College: Technology Building Renewal (30000129)
Reappropriation:
State Building Construction Account—State.................... $1,922,000
Prior Biennia (Expenditures)........................................... $23,497,000
Future Biennia (Projected Costs)..................................................... $0
TOTAL.................................................... $25,419,000
NEW SECTION. Sec. 5125. FOR THE COMMUNITY AND TECHNICAL COLLEGE SYSTEM
Renton Technical College: Automotive Complex Renovation (30000134)
Reappropriation:
State Building Construction Account—State....................... $449,000
Appropriation:
State Building Construction Account—State.................. $15,250,000
Prior Biennia (Expenditures)............................................. $1,134,000
Future Biennia (Projected Costs)..................................................... $0
TOTAL.................................................... $16,833,000
NEW SECTION. Sec. 5126. FOR THE COMMUNITY AND TECHNICAL COLLEGE SYSTEM
Edmonds Community College: Science, Engineering, Technology Building (30000137)
Reappropriation:
State Building Construction Account—State.................... $6,581,000
Prior Biennia (Expenditures)............................................. $1,239,000
Future Biennia (Projected Costs)..................................................... $0
TOTAL...................................................... $7,820,000
NEW SECTION. Sec. 5127. FOR THE COMMUNITY AND TECHNICAL COLLEGE SYSTEM
Whatcom Community College: Learning Commons (30000138)
Reappropriation:
State Building Construction Account—State.................... $1,029,000
Prior Biennia (Expenditures)................................................ $793,000
Future Biennia (Projected Costs)..................................................... $0
TOTAL...................................................... $1,822,000
NEW SECTION. Sec. 5128. FOR THE COMMUNITY AND TECHNICAL COLLEGE SYSTEM
Minor Works - Program (30000723)
Reappropriation:
Community/Technical College Capital Projects
Account—State.......................................................... $1,765,000
Community and Technical College Forest Reserve
Account—State............................................................... $60,000
Gardner-Evans Higher Education Construction
Account—State............................................................. $115,000
Subtotal Reappropriation........................................... $1,940,000
Prior Biennia (Expenditures)........................................... $16,852,000
Future Biennia (Projected Costs)..................................................... $0
TOTAL.................................................... $18,792,000
NEW SECTION. Sec. 5129. FOR THE COMMUNITY AND TECHNICAL COLLEGE SYSTEM
Minor Works - Preservation (30000779)
Reappropriation:
Community/Technical College Capital Projects
Account—State............................................................. $965,000
Prior Biennia (Expenditures)........................................... $16,635,000
Future Biennia (Projected Costs)..................................................... $0
TOTAL.................................................... $17,600,000
NEW SECTION. Sec. 5130. FOR THE COMMUNITY AND TECHNICAL COLLEGE SYSTEM
Roof Repairs (30000844)
Reappropriation:
Community/Technical College Capital Projects
Account—State............................................................. $554,000
Prior Biennia (Expenditures)............................................. $7,231,000
Future Biennia (Projected Costs)..................................................... $0
TOTAL...................................................... $7,785,000
NEW SECTION. Sec. 5131. FOR THE COMMUNITY AND TECHNICAL COLLEGE SYSTEM
Facility Repairs (30000897)
Reappropriation:
State Building Construction Account—State.................... $2,905,000
Prior Biennia (Expenditures)........................................... $19,229,000
Future Biennia (Projected Costs)..................................................... $0
TOTAL.................................................... $22,134,000
NEW SECTION. Sec. 5132. FOR THE COMMUNITY AND TECHNICAL COLLEGE SYSTEM
Site Repairs (30000941)
Reappropriation:
Community/Technical College Capital Projects
Account—State............................................................... $71,000
Prior Biennia (Expenditures)............................................. $2,503,000
Future Biennia (Projected Costs)..................................................... $0
TOTAL...................................................... $2,574,000
NEW SECTION. Sec. 5133. FOR THE COMMUNITY AND TECHNICAL COLLEGE SYSTEM
Edmonds Community College: Washington Aerospace Training and Research Center (30000979)
The reappropriation in this section is subject to the following conditions and limitations: The reappropriation is subject to the provisions of section 4, chapter 1, Laws of 2013, 3rd sp. sess.
Reappropriation:
State Building Construction Account—State....................... $840,000
Prior Biennia (Expenditures)................................................ $660,000
Future Biennia (Projected Costs)..................................................... $0
TOTAL...................................................... $1,500,000
NEW SECTION. Sec. 5134. FOR THE COMMUNITY AND TECHNICAL COLLEGE SYSTEM
Big Bend: Professional-Technical Education Center (30000981)
Appropriation:
State Building Construction Account—State.................... $2,040,000
Prior Biennia (Expenditures)........................................................... $0
Future Biennia (Projected Costs)..................................... $34,490,000
TOTAL.................................................... $36,530,000
NEW SECTION. Sec. 5135. FOR THE COMMUNITY AND TECHNICAL COLLEGE SYSTEM
Spokane: Main Building South Wing Renovation (30000982)
The appropriation in this section is subject to the following conditions and limitations: The appropriation in this section is provided solely for predesign, which may also serve as bridging documents, design, competition honoraria, project management, and other planning activities including permits. The building must be delivered using design build, as defined by chapter 39.10 RCW with a guarantee for energy, operations, and maintenance performance. The term for performance guarantee must not be less than one year. The state may use state employees for services not related to building performance. Criteria for selecting the design build contractor must include life cycle costs, energy costs, or energy use index. Contractors, and architectural and engineering firms may be eligible for additional points during the scoring process if they have experience with the state agency, or if they are considered a small business. The building must be built using sustainable building standards as defined in section 7008 of this act.
Appropriation:
State Building Construction Account—State.................... $2,823,000
Prior Biennia (Expenditures)........................................................... $0
Future Biennia (Projected Costs)..................................... $24,742,000
TOTAL.................................................... $27,565,000
NEW SECTION. Sec. 5136. FOR THE COMMUNITY AND TECHNICAL COLLEGE SYSTEM
Highline: Health and Life Sciences (30000983)
Appropriation:
State Building Construction Account—State.................... $2,932,000
Prior Biennia (Expenditures)........................................................... $0
Future Biennia (Projected Costs)..................................... $23,850,000
TOTAL.................................................... $26,782,000
NEW SECTION. Sec. 5137. FOR THE COMMUNITY AND TECHNICAL COLLEGE SYSTEM
Minor Works - Program (30001038)
Appropriation:
State Building Construction Account—State.................. $22,456,000
Community/Technical College Capital Projects Account—
State........................................................................... $1,744,000
Subtotal Appropriation............................ $24,200,000
Prior Biennia (Expenditures)........................................................... $0
Future Biennia (Projected Costs)..................................................... $0
TOTAL.................................................... $24,200,000
NEW SECTION. Sec. 5138. FOR THE COMMUNITY AND TECHNICAL COLLEGE SYSTEM
Minor Works - Preservation (30001106)
Appropriation:
Community/Technical College Capital Projects Account—
State......................................................................... $19,360,000
Prior Biennia (Expenditures)........................................................... $0
Future Biennia (Projected Costs)..................................................... $0
TOTAL.................................................... $19,360,000
NEW SECTION. Sec. 5139. FOR THE COMMUNITY AND TECHNICAL COLLEGE SYSTEM
Roof Repairs (30001155)
Appropriation:
Community/Technical College Capital Projects Account—
State......................................................................... $12,534,000
Prior Biennia (Expenditures)........................................................... $0
Future Biennia (Projected Costs)..................................................... $0
TOTAL.................................................... $12,534,000
NEW SECTION. Sec. 5140. FOR THE COMMUNITY AND TECHNICAL COLLEGE SYSTEM
Facility Repairs (30001182)
Appropriation:
Community/Technical College Capital Projects Account—
State......................................................................... $20,733,000
Prior Biennia (Expenditures)........................................................... $0
Future Biennia (Projected Costs)..................................................... $0
TOTAL.................................................... $20,733,000
NEW SECTION. Sec. 5141. FOR THE COMMUNITY AND TECHNICAL COLLEGE SYSTEM
Site Repairs (30001216)
Appropriation:
Community/Technical College Capital Projects Account—
State........................................................................... $2,829,000
Prior Biennia (Expenditures)........................................................... $0
Future Biennia (Projected Costs)..................................................... $0
TOTAL...................................................... $2,829,000
NEW SECTION. Sec. 5142. FOR THE COMMUNITY AND TECHNICAL COLLEGE SYSTEM
Preventive Maintenance and Building System Repairs (30001286)
Appropriation:
Community/Technical College Capital Projects Account—
State......................................................................... $22,800,000
Prior Biennia (Expenditures)........................................................... $0
Future Biennia (Projected Costs)..................................... $91,200,000
TOTAL.................................................. $114,000,000
PART 6
2015 SUPPLEMENTAL CAPITAL BUDGET
NEW SECTION. Sec. 6001. A new section is added to 2013 2nd sp.s. c 19 (uncodified) to read as follows:FOR THE DEPARTMENT OF COMMERCE
Building for the Arts Grants (30000006)
The reappropriation in this section is subject to the following conditions and limitations:
(1) The reappropriation in this section is subject to the provisions of section 1011, chapter 36, Laws of 2010 1st sp. sess.
(2) The reappropriation in this section is provided solely for the Federal Way performing arts center.
Reappropriation:
State Building Construction Account—State....................... $218,000
Prior Biennia (Expenditures)............................................. $8,481,000
Future Biennia (Projected Costs)..................................................... $0
TOTAL...................................................... $8,699,000
Sec. 6002. 2013 2nd sp.s. c 19 s 1073 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF COMMERCE
Drinking Water State Revolving Fund Loan Program (30000189)
The appropriations in this section are subject to the following conditions and limitations:
(1) (($4,400,000
for fiscal year 2014 and)) $4,400,000 from the drinking water assistance
account—state for fiscal year 2015 is provided solely as state match for
federal safe drinking water funds.
(2) For projects involving repair, replacement, or improvement of a clean water infrastructure facility or other public works facility for which an investment grade efficiency audit is obtainable, the public works board must require as a contract condition that the project sponsor undertake an investment grade efficiency audit. The project sponsor may finance the costs of the audit as part of its drinking water state revolving fund program loan.
Appropriation:
((State Building
Construction Account—State............... $8,800,000))
Drinking Water Assistance Account—State..................... $4,400,000
Drinking Water Assistance Repayment Account—
State....................................................................... $200,000,000
Subtotal Appropriation..................... (($208,800,000))
$204,400,000
Prior Biennia (Expenditures)........................................................... $0
Future Biennia (Projected Costs)................................... $680,000,000
TOTAL............................................. (($888,800,000))
$884,400,000
Sec. 6003. 2013 3rd sp.s. c 1 s 3 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF COMMERCE
Renton Aerospace
Training Center Construction (((92000151))) (30000724)
The appropriation in this section is subject to the following conditions and limitations: The appropriation in this section is provided solely for construction of the Renton aerospace training center.
Appropriation:
State Building
Construction Account—State............... (($5,000,000))
$10,000,000
Prior Biennia (Expenditures)........................................................... $0
Future Biennia (Projected Costs)..................................................... $0
TOTAL................................................. (($5,000,000))
$10,000,000
Sec. 6004. 2013 2nd sp.s. c 19 s 1074 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF COMMERCE
Clean Energy and Energy Freedom Program (91000582)
The appropriations in this section are subject to the following conditions and limitations:
(1) All expenditures from the state taxable building construction account—state appropriation in this section must be used for projects that provide a benefit to the public through development, demonstration, and deployment of clean energy technologies that save energy and reduce energy costs, reduce harmful air emissions or otherwise increase energy independence for the state. All expenditures must be used for projects that develop and acquire assets that have a useful life of at least thirteen years. These requirements must be specified in funding agreements issued by the department.
(2) For any project funded from the state taxable building construction account—state appropriation in this section, state funds must not exceed fifty percent of the estimated cost of a project, and funding preference must be provided to projects that offer a higher percentage of nonstate match funds.
(3)(a) $15,000,000 of the state taxable building construction account—state appropriation in this section is provided solely to create a revolving loan fund to support the widespread use of proven building energy efficiency and renewable energy technologies now inhibited by lack of access to capital.
(b) To create the loan fund, the department shall provide grant funds to a competitively selected nonprofit lender that will provide matching private capital and will administer the loan fund. The department must select the loan fund administrator through a competitive process, with scoring conducted by a group of qualified experts, applying criteria specified by the department.
(c) The department must establish guidelines for the lender related to applicant eligibility, the screening process, and evaluation and selection criteria. The criteria must include requiring evidence of support for the proposed project from the impacted community and consistency with economic growth strategies and plans of the affected local governments. Applications for loans from the revolving fund must disclose all sources of public funding to be provided for a project. The nonprofit lender must use the revolving loan fund to make affordable loans for projects including, but not limited to: Residential and commercial energy retrofits, residential and community-scale solar installations, anaerobic digesters to treat dairy and organic waste, and combined heat and power projects using woody biomass as a fuel source.
(d) The department must conduct due diligence activities associated with the use of public funds, including oversight of the project selection process and project monitoring.
(e) Projects seeking financing of solar installations under this section must agree in contract to not participate in the cost-recovery program under RCW 82.16.120.
(4) $15,000,000 of the state taxable building construction account—state appropriation in this section is provided solely for grants to advance renewable energy technologies by public and private electrical utilities that serve retail customers in the state. The department shall work with utilities to offer matching grants for projects that demonstrate new smart grid technologies. The department shall develop a grant application process to competitively select projects for grant awards, to include scoring conducted by a group of qualified experts with application of criteria specified by the department. Applications for grants must disclose all sources of public funding to be provided for a project. The grant funds must be used to fund projects that demonstrate how to: Integrate intermittent renewables through energy storage and information technology, dispatch energy storage resources from utility control rooms, use the thermal properties and electric load of commercial buildings and district energy systems to store energy, or otherwise improve the reliability and reduce the costs of intermittent or distributed renewable energy.
(5) $6,000,000 of the state taxable building construction account—state appropriation in this section is provided solely for grants to match federal funds used to develop and demonstrate clean energy technologies. The department shall work with the University of Washington, Washington State University, and the Pacific Northwest National Laboratory to offer matching funds for projects including, but not limited to: Advancing energy storage and solar technologies, and federal manufacturing innovation centers related to use of light-weight carbon fiber components to advance energy efficiency in the aeronautical, automotive, and marine sectors.
(6) The department must report on number and results of projects funded through the clean energy fund, including the number of job hours created and the number of jobs maintained and created, to the governor and the legislature, by November 1, 2014.
(7) The energy recovery act account—federal appropriation in this section is provided solely for loans, loan guarantees, and grants that encourage the establishment of innovative and sustainable industries for renewable energy and energy efficiency technology, consistent with provisions of RCW 43.325.040 (energy freedom account).
Appropriation:
State Taxable Building Construction Account—
State......................................................................... $36,000,000
Energy Recovery Act
Account—((Federal)) State............ $4,000,000
Subtotal Appropriation............................ $40,000,000
Prior Biennia (Expenditures)........................................................... $0
Future Biennia (Projected Costs)..................................................... $0
TOTAL.................................................... $40,000,000
Sec. 6005. 2013 2nd sp.s. c 19 s 1077 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF COMMERCE
Projects for Jobs and Economic Development (92000151)
The appropriations in this section are subject to the following conditions and limitations:
(1) Except as directed otherwise prior to the effective date of this section, the department shall not expend the appropriations in this section unless and until the nonstate share of project costs have been either expended, or firmly committed, or both, in an amount sufficient to complete the project or a distinct phase of the project that is useable to the public for the purpose intended by the legislature. This requirement does not apply to projects where a share of the appropriations are released for design costs only.
(2) Prior to receiving funds, project recipients must demonstrate that the project site is under control for a minimum of ten years, either through ownership or a long-term lease. This requirement does not apply to appropriations for preconstruction activities or appropriations whose sole purpose is to purchase real property that does not include a construction or renovation component.
(3) Projects funded in this section may be required to comply with Washington's high performance building standards as required by chapter 39.35D RCW.
(4) Project funds are available on a reimbursement basis only, and shall not be advanced under any circumstances.
(5) Projects funded in this section must be held by the recipient for a minimum of ten years and used for the same purpose or purposes intended by the legislature as required in RCW 43.63A.125(6).
(6) Projects funded in this section, including those that are owned and operated by nonprofit organizations, are generally required to pay state prevailing wages.
(7) The appropriations are provided solely for the following list of projects:
Projects for Jobs & Economic Development |
Authorized Amount |
City of Bremerton Puget Sound Naval Safety Project |
$1,300,000 |
Fairchild Airforce Base |
$2,700,000 |
City of Lynnwood Main Street Improvements |
$250,000 |
Port of Everett: Roll-On/Roll-Off Cargo Berth |
$1,500,000 |
Kittitas County Infrastructure and Facilities |
$5,000,000 |
City of Kennewick Industrial Land |
$1,000,000 |
Perry Tech Institute Building |
$1,000,000 |
City of Buckley Drinking Water Improvements |
$350,000 |
(( |
$525,000 |
Hopelink Cleveland Street Project |
$1,000,000 |
Redmond Connector |
$1,300,000 |
Washougal (( |
$1,000,000 |
Roslyn Renaissance Northwest Improvement Company Building |
$500,000 |
Everett/Tulalip Water Pipeline Construction |
$1,000,000 |
(( |
|
Renton Riverview Bridge Replacement |
$1,100,000 |
Omak City Sewer, Collection System, and Treatment Plant |
$2,000,000 |
Harper Pier Replacement |
$800,000 |
University Place Main Street Redevelopment |
$975,000 |
Sultan Alder Avenue Water/Sewer Line Replacement |
$185,000 |
Quincy Industrial Water Reclamation & Reuse |
$700,000 |
NW Medical School |
$136,000 |
Ione - 8th St Lift Station Replacement |
$165,000 |
Stevens PUD Projects |
$532,000 |
Port Orchard Bay St. Pedestrian Path - Phase 2 |
$336,000 |
Dekalb Pier - Phase 2 |
$255,000 |
Kenmore Village |
$300,000 |
South Kirkland TOD/Cross Kirkland Corridor |
$1,300,000 |
Washington Agriculture Discovery Center |
$100,000 |
Mountlake Terrace Mainstreet Grant |
$2,000,000 |
Issaquah - North Roadway Network Improvement |
$5,000,000 |
TRIDEC Development of Small Modular Reactor Proposal |
$500,000 |
City of Shelton Wastewater |
$1,500,000 |
Port of Moses Lake Firefighting System |
$300,000 |
Seattle Chinatown/ID Development |
$500,000 |
|
|
TOTAL |
(( |
Appropriation:
State Building Construction
Account—State............. (($35,009,000))
$30,009,000
Public Facility Construction Loan Revolving
Account—State.......................................................... $7,100,000
Subtotal Appropriation....................... (($42,109,000))
$37,109,000
Prior Biennia (Expenditures)........................................................... $0
Future Biennia (Projected Costs)..................................................... $0
TOTAL............................................... (($42,109,000))
$37,109,000
Sec. 6006. 2013 2nd sp.s. c 19 s 1078 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF COMMERCE
Projects That Strengthen Communities and Quality of Life (92000230)
The appropriations in this section are subject to the following conditions and limitations:
(1) Except as directed otherwise prior to the effective date of this section, the department shall not expend the appropriation in this section unless and until the nonstate share of project costs have been either expended, or firmly committed, or both, in an amount sufficient to complete the project or a distinct phase of the project that is useable to the public for the purpose intended by the legislature. This requirement does not apply to projects where a share of the appropriation is released for design costs only.
(2) Prior to receiving funds, project recipients must demonstrate that the project site is under control for a minimum of ten years, either through ownership or a long-term lease. This requirement does not apply to appropriations for preconstruction activities or appropriations whose sole purpose is to purchase real property that does not include a construction or renovation component.
(3) Projects funded in this section may be required to comply with Washington's high performance building standards as required by chapter 39.35D RCW.
(4) Project funds are available on a reimbursement basis only, and shall not be advanced under any circumstances.
(5) Projects funded in this section must be held by the recipient for a minimum of ten years and used for the same purpose or purposes intended by the legislature as required in RCW 43.63A.125(6).
(6) Projects funded in this section, including those that are owned and operated by nonprofit organizations, are generally required to pay state prevailing wages.
(7) $1,500,000 of the appropriation in this section from the state building construction account—state is provided solely for design development to align ongoing planning for the replacement of the Seattle multimodal terminal at Colman dock with the creation of a public park. The scope of work must provide a design plan that includes an elevated park and corresponding amenities above the terminal. Design development shall be delivered through the city of Seattle. The scope of this project does not preclude any current plans for Colman dock to replace or seismically upgrade the facility, nor does it reduce the amount of general and commercial traffic, high occupancy vehicles, transit, bicyclist and pedestrian movement.
(8) $500,000 of the appropriation from the environmental legacy stewardship account—state is provided solely for an investigation of possible contaminated soils around the Colman dock.
(9) The appropriation is provided solely for the following list of projects:
Projects that Strengthen Communities & Quality of Life |
Authorized Amount |
Ft. Vancouver - Mother Joseph Academy & Infantry Barracks |
$1,000,000 |
LaConner Boardwalk |
$1,600,000 |
Kent Interurban Trail Connector |
$750,000 |
Town of Concrete Public Safety Building |
$785,000 |
Complete Development of Ashford Park Facilities |
$1,000,000 |
Jackson Park Renovation |
$1,000,000 |
South Whatcom Library Construction |
$90,000 |
Guemes Channel Trail Project |
$700,000 |
Seabrook Trail |
$437,000 |
Vashon Island Allied Arts |
$2,000,000 |
Federal Way Performing Arts |
$2,000,000 |
Japanese Gulch Land Acquisition |
$1,000,000 |
Milton - Triangle Park ADA Upgrades |
$225,000 |
Langston Hughes Performing Arts Center - Storage |
$150,000 |
Wood Pellet Heat in Schools Pilot |
$500,000 |
(( |
$1,000,000 |
Ravensdale Park |
$650,000 |
Worthington Park |
$210,000 |
Eastside Tacoma Community Center |
$400,000 |
(( |
|
Institute for Community Leadership |
$275,000 |
FISH of Vancouver/Nonprofit Community Service Center |
$1,000,000 |
Yelm Community Center |
$1,000,000 |
Ellensburg Depot |
$500,000 |
Roslyn City Hall |
$400,000 |
Northwest Carriage Museum |
$375,000 |
People's Community Center and Pool |
$500,000 |
(( |
|
Chehalis Pool |
$250,000 |
Mount Rainier Park Ranger Memorial |
$60,000 |
McAllister Air Museum |
$500,000 |
Repairs to Stevenson Grange |
$50,000 |
Meydenbauer Park Improvements |
$3,000,000 |
Sixty Acres Park Enhancements |
$750,000 |
Covington Community Park Phase 2 |
$2,100,000 |
Johnson Farm Museum - Anderson Island |
$250,000 |
Nikolai Project |
$40,000 |
Ft. Steilacoom Building Preservation |
$250,000 |
Plaza Roberto Maestas - Building the Beloved Community |
$1,000,000 |
Seattle Multimodal Terminal at Colman Dock/Public Park |
$2,000,000 |
Confluence Project |
$747,000 |
Castle Rock Citywide Residential Street Project |
$504,000 |
UWAVE |
$30,000 |
Transit-Community Center |
$800,000 |
Mt. Spokane Lodge |
$250,000 |
|
|
TOTAL |
(( |
Appropriation:
State Building
Construction Account—State............. (($32,628,000))
$31,628,000
Environmental Legacy Stewardship Account—
State.............................................................................. $500,000
Subtotal Appropriation....................... (($33,128,000))
$32,128,000
Prior Biennia (Expenditures)........................................................... $0
Future Biennia (Projected Costs)..................................................... $0
TOTAL............................................... (($33,128,000))
$32,128,000
Sec. 6007. 2013 2nd sp.s. c 19 s 1090 (uncodified) is amended to read as follows:
FOR THE OFFICE OF FINANCIAL MANAGEMENT
Higher Education Preservation Information (91000427)
((The
appropriations in this section are subject to the following conditions and
limitations: The appropriations are provided solely to refresh preservation
information that resides in the state's comparable framework for higher
education buildings including any necessary revisions or adjustments that will
enable more direct translation of information, updates for last renewal or
replacement of major systems, and quality assurance field sampling. In
executing this continued capital study, the office of financial management
shall consult the legislative fiscal committees about its workplan to ensure
field sampling of facilities prioritized for renovation or replacement, and
timely delivery of assembled facilities information and related capital models
in an easy to understand format. As a general condition, upon appropriations
provided to higher education agencies in this act, the state board for
community and technical colleges and each state baccalaureate institution shall
provide requested facilities information in a timely manner to enable the
office of financial management to complete the tasks and oversight assigned in
this section.)) The appropriations in this section are subject to the
following conditions and limitations: Funding is provided solely to further
develop a comparable framework methodology to equalize the facility condition
assessments by higher education institutions. The methodology will improve upon
the existing state facility inventory and condition assessment systems to
collect and convey the information. The inventory system may include facility
system replacement or renewals including costs, quality assurance field
sampling data, and tracking of condition rating adjustments.
Appropriation:
University of
Washington Building Account—State...... (($130,000))
$116,000
Washington State University Building
Account—State......................................................... (($94,000))
$85,000
Eastern Washington University Capital Projects
Account—State......................................................... (($23,000))
$21,000
Central Washington University Capital Projects
Account—State......................................................... (($19,000))
$17,000
The Evergreen State College Capital Projects
Account—State......................................................... (($13,000))
$12,000
Western Washington University Capital Projects
Account—State......................................................... (($21,000))
$19,000
Subtotal Appropriation............................ (($300,000))
$270,000
Prior Biennia (Expenditures)........................................................... $0
Future Biennia (Projected Costs)..................................................... $0
TOTAL......................................................... $300,000
$270,000
Sec. 6008. 2013 2nd sp.s. c 19 s 1091 (uncodified) is amended to read as follows:
FOR THE OFFICE OF FINANCIAL MANAGEMENT
Construction Contingency Pool (91000428)
The appropriation in this section is subject to the following conditions and limitations: The appropriation in this section is provided solely for construction projects that confront emergent and unavoidable costs in excess of the construction contingency and management reserves included in the project appropriation. For requests occurring during a legislative session, an agency must notify the legislative fiscal committees before requesting contingency funds from the office of financial management. Eligible agencies that may apply to the pool include higher education institutions, the state parks and recreation commission, the department of corrections, the department of enterprise services, and the department of health. Eligible construction projects are only projects that had project cost reductions. The office of financial management must notify the legislative evaluation and accountability program committee, the house capital budget committee, and senate ways and means committee as projects are approved for funding.
Appropriation:
State Building
Construction Account—State............... (($4,000,000))
$1,875,000
Prior Biennia (Expenditures)........................................................... $0
Future Biennia (Projected Costs)..................................................... $0
TOTAL...................................................... $4,000,000
$1,875,000
Sec. 6009. 2013 2nd sp. s. c 19 s 1093 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF ENTERPRISE SERVICES
Natural Resource Building Roof Replacement/Exterior Foam Insulation Repairs (30000546)
Reappropriation:
State Building
Construction Account—State.................. (($510,000))
$33,000
Prior Biennia
(Expenditures)........................................ (($3,972,000))
$4,409,000
Future Biennia (Projected Costs)..................................................... $0
TOTAL...................................................... $4,482,000
$4,442,000
Sec. 6010. 2013 2nd sp.s. c 19 s 1099 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF ENTERPRISE SERVICES
Legislative Building Critical Hydronic Loop Repairs (30000584)
Reappropriation:
State Building
Construction Account—State............... (($1,075,000))
$1,013,000
Appropriation:
State Building
Construction Account—State.................. (($851,000))
$410,000
Prior Biennia
(Expenditures)........................................... (($104,000))
$166,000
Future Biennia (Projected Costs)..................................................... $0
TOTAL...................................................... $2,030,000
$1,589,000
Sec. 6011. 2013 2nd sp.s. c 19 s 1108 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF ENTERPRISE SERVICES
Legislative Building Exterior Repairs (30000604)
Appropriation:
State Building
Construction Account—State............... (($1,000,000))
$1,075,000
Prior Biennia (Expenditures)........................................................... $0
Future Biennia (Projected Costs)..................................................... $0
TOTAL...................................................... $1,000,000
$1,075,000
Sec. 6012. 2013 2nd sp.s. c 19 s 1104 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF ENTERPRISE SERVICES
Capitol Campus Underground Utility Repairs (30000687)
Appropriation:
State Building
Construction Account—State............... (($1,983,000))
$2,613,000
Prior Biennia (Expenditures)........................................................... $0
Future Biennia (Projected Costs)....................................... $8,827,000
TOTAL.................................................... $10,810,000
$11,440,000
Sec. 6013. 2013 2nd sp.s. c 19 s 1105 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF ENTERPRISE SERVICES
Natural Resource Building Repairs Phase 1 (91000009)
The appropriations in this section are subject to the following conditions and limitations: The natural resource building repairs phase 1 project must include at a minimum the multipurpose room water infiltration project and the roof project. After this work is completed, the department may include work that was in the department's 2013-2015 capital budget request for other repairs to the building.
Appropriation:
State Building
Construction Account—State............... (($4,161,000))
$4,041,000
Thurston County Capital Facilities Construction
Account—State............................................................. $940,000
Subtotal Appropriation......................... (($5,101,000))
$4,981,000
Prior Biennia (Expenditures)........................................................... $0
Future Biennia (Projected Costs)..................................................... $0
TOTAL...................................................... $5,101,000
$4,981,000
Sec. 6014. 2013 2nd sp.s. c 19 s 2024 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF CORRECTIONS
Monroe Corrections Center: WSR Living Units Roofs (30000542)
Appropriation:
State Building
Construction Account—State............... (($1,785,000))
$1,868,000
Prior Biennia (Expenditures)........................................................... $0
Future Biennia (Projected Costs)..................................................... $0
TOTAL...................................................... $1,785,000
$1,868,000
Sec. 6015. 2013 2nd sp.s. c 19 s 2028 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF CORRECTIONS
Washington Corrections Center for Women: Replace Fire Alarm System (30000727)
Appropriation:
State Building
Construction Account—State............... (($2,569,000))
$2,649,000
Prior Biennia (Expenditures)........................................................... $0
Future Biennia (Projected Costs)..................................................... $0
TOTAL...................................................... $2,569,000
$2,649,000
Sec. 6016. 2013 2nd sp.s. c 19 s 3067 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF ECOLOGY
Water Pollution Control Revolving Program (30000327)
The appropriations in this section are subject to the following conditions and limitations:
(1) (($7,750,000
for fiscal year 2014 and $7,750,000)) $15,500,000 for fiscal year
2015 of the ((state building construction)) water pollution control
revolving account—state is provided solely as state match for federal clean
water funds.
(2) For projects
involving repair, replacement, or improvement of a wastewater treatment plant
or other public works facility for which an investment grade efficiency audit
is obtainable, the department of ecology must require as a contract condition
that the project sponsor undertake an investment grade efficiency audit. The
project sponsor may finance the costs of the audit as part of its water
pollution control loan program ((loan)).
Appropriation:
((State Building
Construction Account—State............. $15,500,000))
Water Pollution Control Revolving Account—
State.................................................................. (($184,500,000))
$200,000,000
Water Pollution Control Revolving
Account—Federal.................................................... $50,000,000
Subtotal Appropriation.......................... $250,000,000
Prior Biennia (Expenditures)........................................................... $0
Future Biennia (Projected Costs)................................... $510,000,000
TOTAL.................................................. $760,000,000
Sec. 6017. 2013 2nd sp.s. c 19 s 3058 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF ECOLOGY
Skagit Mitigation (91000181)
The reappropriation
in this section is subject to the following conditions and limitations: The
reappropriation in this section is provided solely for the department to
develop mitigation options and alternative water sources or tools to make water
available for stream flows and for rural domestic permit-exempt uses within the
((Carpenter/Fisher, East Nookachamps, and Upper Nookachamps subbasins)) Skagit
River watershed. Up to $500,000 of the amount specified shall be used to
develop a rural domestic demonstration project to determine if surface or
groundwater infiltration can mitigate for ground water use during low flow
periods to meet the mitigation requirements of chapter 173-503 WAC.
Reappropriation:
State Building Construction Account—State.................... $2,156,000
Prior Biennia (Expenditures).................................................. $69,000
Future Biennia (Projected Costs)..................................................... $0
TOTAL...................................................... $2,225,000
Sec. 6018. 2013 2nd sp.s. c 19 s 3101 (uncodified) is amended to read as follows:
FOR THE STATE PARKS AND RECREATION COMMISSION
Dosewallips: Wastewater Treatment System (30000523)
Appropriation:
State Building
Construction Account—State............... (($4,079,000))
$4,532,000
Prior Biennia (Expenditures)........................................................... $0
Future Biennia (Projected Costs)..................................................... $0
TOTAL...................................................... $4,079,000
$4,532,000
Sec. 6019. 2013 2nd sp.s. c 19 s 3190 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF FISH AND WILDLIFE
Mitchell Act Federal Grant (91000021)
Reappropriation:
General Fund—Federal..................................................... $2,328,000
Appropriation:
General Fund—Federal..................................................... $4,000,000
Prior Biennia (Expenditures)................................................ $672,000
Future Biennia (Projected Costs)..................................................... $0
TOTAL...................................................... $3,000,000
$7,000,000
Sec. 6020. 2013 2nd sp.s. c 19 s 3212 (uncodified) is amended to read as follows:
FOR THE PUGET SOUND PARTNERSHIP
Community Partnership Restoration Grants (30000007)
Reappropriation:
General
Fund—Federal................................................ (($1,155,000))
$1,575,000
Prior Biennia
(Expenditures)........................................... (($445,000))
$50,000
Future Biennia (Projected Costs)..................................................... $0
TOTAL...................................................... $1,600,000
$1,625,000
Sec. 6021. 2013 2nd sp.s. c 19 s 5007 (uncodified) is amended to read as follows:
FOR THE SUPERINTENDENT OF PUBLIC INSTRUCTION
Yakima Valley Technical Skills Center (30000076)
Reappropriation:
State Building
Construction Account—State............. (($12,962,000))
$11,082,000
Prior Biennia (Expenditures)........................................... $12,481,000
Future Biennia (Projected Costs)..................................................... $0
TOTAL.................................................... $25,443,000
$23,563,000
Sec. 6022. 2013 2nd sp.s. c 19 s 5020 (uncodified) is amended to read as follows:
FOR THE SUPERINTENDENT OF PUBLIC INSTRUCTION
2013-2015 School Construction Assistance Program - Maintenance (30000145)
The appropriations in this section are subject to the following conditions and limitations:
(1) $1,340,000 of the common school construction account—state appropriation is provided solely for study and survey grants and for completing inventory and building condition assessments for all public school districts once every six years.
(2) $933,000 of the common school construction account—state appropriation is provided solely for mapping the design of new facilities and remapping the design of facilities to be remodeled, for school construction projects funded through the school construction assistance program.
(3) The office of the superintendent of public instruction must improve web-based access by taxpayers to school capacity and actual enrollment in order to understand possible opportunities to increase efficiency through consolidation. The office of the superintendent of public instruction must post this capacity and enrollment information on its web site.
(4) Funds from this appropriation may be used to match federal dollars provided by the office of economic adjustment for school replacement facilities located on military bases.
(5) The office of the superintendent of public instruction must expedite allocation and distribution of any eligible funds under the school construction assistance grant program to the Evergreen (Clark County) School District to address the school construction emergency resulting from the fire that destroyed the Crestline School.
(6) The space allocations for state funding assistance purposes for districts with senior or four-year high schools with fewer than four hundred students, as outlined in WAC 392-343-035, must be computed in accordance with the following formula:
Number of Headcount Student-Grades 9-12 |
Maximum Space Allocation Per Facility |
0-200 |
42,000 square feet |
201-300 |
48,000 square feet |
301-or more |
52,000 square feet |
Appropriation:
State Building Construction Account—State................ $285,355,000
Common School
Construction Account—State....... (($208,232,000))
$100,593,000
Common School Construction Account—Federal............ $1,500,000
Subtotal Appropriation..................... (($495,087,000))
$387,448,000
Prior Biennia (Expenditures)........................................................... $0
Future Biennia
(Projected Costs).......................... (($3,099,310,000))
$3,099,270,000
TOTAL.......................................... (($3,594,397,000))
$3,486,718,000
Sec. 6023. 2013 2nd sp.s. c 19 s 5015 (uncodified) is amended to read as follows:
FOR THE SUPERINTENDENT OF PUBLIC INSTRUCTION
WA-NIC (Washington Network for Innovative Careers) Skills Center - Snoqualmie Valley School District/Bellevue Community College (92000006)
Reappropriation:
State Building
Construction Account—State............... (($1,715,000))
$31,000
Prior Biennia (Expenditures)........................................................... $0
Future Biennia (Projected Costs)..................................................... $0
TOTAL...................................................... $1,715,000
$31,000
Sec. 6024. 2013 2nd sp.s. c 19 s 5025 (uncodified) is amended to read as follows:
FOR THE SUPERINTENDENT OF PUBLIC INSTRUCTION
School Security Improvement Grants (92000015)
The appropriation in this section is subject to the following conditions and limitations: The appropriation is provided solely for nonrecurring costs associated with school facility safety projects consistent with chapter 233, Laws of 2013 (Second Engrossed Substitute Senate Bill No. 5197).
Appropriation:
State Building
Construction Account—State............. (($10,000,000))
$6,656,000
Prior Biennia (Expenditures)........................................................... $0
Future Biennia (Projected Costs)..................................................... $0
TOTAL.................................................... $10,000,000
$6,656,000
Sec. 6025. 2013 2nd sp.s. c 19 s 5055 (uncodified) is amended to read as follows:
FOR THE WASHINGTON STATE UNIVERSITY
Washington State University Pullman Pedestrian Bridge (91000028)
Appropriation:
Washington State University Building
Account—State.................................................... (($1,500,000))
$0
Prior Biennia (Expenditures)........................................................... $0
Future Biennia (Projected Costs)..................................................... $0
TOTAL...................................................... $1,500,000
$0
Sec. 6026. 2013 2nd sp.s. c 19 s 5108 (uncodified) is amended to read as follows:
FOR THE COMMUNITY AND TECHNICAL COLLEGE SYSTEM
Bates Technical College: Mohler Communications Technology Center (20082703)
Reappropriation:
State Building Construction Account—State....................... $219,000
Appropriation:
State Building
Construction Account—State............. (($23,808,000))
$24,519,000
Prior Biennia (Expenditures)............................................. $1,709,000
Future Biennia (Projected Costs)..................................................... $0
TOTAL.................................................... $25,736,000
$26,447,000
Sec. 6027. 2013 2nd sp.s. c 19 s 5110 (uncodified) is amended to read as follows:
FOR THE COMMUNITY AND TECHNICAL COLLEGE SYSTEM
Clark College: Health and Advanced Technologies Building (20082705)
Reappropriation:
State Building Construction Account—State.................... $1,335,000
Appropriation:
State Building
Construction Account—State............. (($33,784,000))
$34,478,000
Prior Biennia (Expenditures)............................................. $1,239,000
Future Biennia (Projected Costs)..................................................... $0
TOTAL.................................................... $36,358,000
$37,052,000
Sec. 6028. 2013 2nd sp.s. c 19 s 7043 (uncodified) is amended to read as follows:
FOR THE STATE TREASURER—TRANSFERS
State Toxic Control Account: For transfer to the
Local Toxic Control Account.................................................... $4,000,000
Environmental Legacy Stewardship Account: For
transfer to the Local Toxic Control Account........................... $12,000,000
State Taxable Building Construction Account: For
transfer to the drinking water assistance
account, $4,400,000 for fiscal year 2015.......................... $4,400,000
State Taxable Building Construction Account: For
transfer to the water pollution control
revolving account, $15,500,000 for fiscal
year 2015......................................................................... $15,500,000
Sec. 6029. RCW 43.160.080 and 2010 1st sp.s. c 36 s 6011 are each amended to read as follows:
There shall be a
fund in the state treasury known as the public facilities construction loan
revolving account, which shall consist of all moneys collected under this
chapter and any moneys appropriated to it by law. Disbursements from the
revolving account shall be on authorization of the board. In order to maintain
an effective expenditure and revenue control, the public facilities
construction loan revolving account shall be subject in all respects to chapter
43.88 RCW. ((During the 2009-2011 biennium, sums in the public facilities
construction loan revolving account may be used for community economic
revitalization board export assistance grants and loans in section 1018,
chapter 36, Laws of 2010 1st sp. sess. and for matching funds for the federal
energy regional innovation cluster in section 1017, chapter 36, Laws of 2010
1st sp. sess.)) During the 2013-2015 biennium, amounts in the public
facilities construction loan revolving account may be used for the animal
disease traceability project in section 3247, chapter 19, Laws of 2013 2nd sp.
sess., administered by the department of agriculture. During the 2013-2015
biennium, sums in the public facilities construction loan revolving account may
be used for the clean energy partnership project in section 1038, chapter 19,
Laws of 2013 2nd sp. sess.
NEW SECTION. Sec. 6030. A new section is added to 2013 2nd sp.s. c 19 (uncodified) to read as follows:
To the extent that any appropriation authorizes expenditures of state funds from the state building construction account, or from any other capital project account in the state treasury, for a capital project or program that is specified to be funded with proceeds from the sale of bonds, the legislature declares that any such expenditures for that project or program made prior to the issue date of the applicable bonds are intended to be reimbursed from proceeds of those bonds in a maximum amount equal to the amount of such appropriation.
NEW SECTION. Sec. 6031. 2013 2nd sp.s. c 19 s 7013 (uncodified) is repealed.
PART 7
MISCELLANEOUS PROVISIONS
NEW SECTION. Sec. 7001. RCW 43.88.031 requires the disclosure of the estimated debt service costs associated with new capital bond appropriations. The estimated debt service costs for the appropriations contained in this act are thirty-six million nine hundred sixty-four thousand dollars for the 2015-2017 biennium, two hundred thirty-one million four hundred thirty-nine thousand dollars for the 2017-2019 biennium, and three hundred twenty-four million six hundred three thousand dollars for the 2019-2021 biennium.
NEW SECTION. Sec. 7002. ACQUISITION OF PROPERTIES AND FACILITIES THROUGH FINANCIAL CONTRACTS. (1) The following agencies may enter into financial contracts, paid from any funds of an agency, appropriated or nonappropriated, for the purposes indicated and in not more than the principal amounts indicated, plus financing expenses and required reserves pursuant to chapter 39.94 RCW. When securing properties under this section, agencies shall use the most economical financial contract option available, including long-term leases, lease-purchase agreements, lease-development with option to purchase agreements or financial contracts using certificates of participation. Expenditures made by an agency for one of the indicated purposes before the issue date of the authorized financial contract and any certificates of participation therein are intended to be reimbursed from proceeds of the financial contract and any certificates of participation therein to the extent provided in the agency's financing plan approved by the state finance committee.
State agencies may enter into agreements with the department of enterprise services and the state treasurer's office to develop requests to the legislature for acquisition of properties and facilities through financial contracts. The agreements may include charges for services rendered.
(2) Those noninstructional facilities of higher education institutions authorized in this section to enter into financial contracts are not eligible for state funded maintenance and operations. Instructional space that is available for regularly scheduled classes for academic transfer, basic skills, and workforce training programs may be eligible for state funded maintenance and operations.
(3) Criminal justice training commission: Enter into a financing contract for up to $6,672,000 plus financing expenses and required reserves pursuant to chapter 39.94 RCW to renovate the dormitory.
(4) Department of enterprise services: Enter into a financing contract for up to $63,500,000 plus financing expenses and required reserves pursuant to chapter 39.94 RCW to construct a new building for the utility and transportation commission, and other agencies as identified by the office of financial management, at the pro arts site on the capitol campus.
(5) Department of enterprise services: Enter into a financing contract for up to $20,000,000 plus financing expenses and required reserves pursuant to chapter 39.94 RCW to purchase the Seattle community justice center.
(6) Department of enterprise services: Enter into a financing contract for up to $69,000,000 plus financing expenses and required reserves pursuant to chapter 39.94 RCW to construct a new office building at 1063 Capitol Way South, Olympia.
(7) Department of ecology: Enter into a financing contract for up to $180,000 plus financing expenses and required reserves pursuant to chapter 39.94 RCW for programmatic improvements to the headquarters building and the eastern regional office.
(8) Department of ecology: Enter into a financing contract for up to $760,000 plus financing expenses and required reserves pursuant to chapter 39.94 RCW for preservation improvements to the headquarters building.
(9) Central Washington University: Enter into a financing contract for up to $8,414,000 plus financing expenses and required reserves pursuant to chapter 39.94 RCW to construct a welcome center.
(10) The Evergreen State College: Enter into a financing contract for up to $12,500,000 plus financing expenses and required reserves pursuant to chapter 39.94 RCW to purchase a permanent location for the Tacoma program.
(11) Western Washington University: Enter into a financing contract for up to $16,310,000 plus financing expenses and required reserves pursuant to chapter 39.94 RCW for the carver building renovation.
(12) Eastern Washington University: Enter into a financing contract for up to $10,000,000 plus financing expenses and required reserves pursuant to chapter 39.94 RCW for the Washington street facility project.
(13) Community and technical colleges:
(a) Enter into a financing contract on behalf of Centralia Community College for up to $5,000,000 plus financing expenses and required reserves pursuant to chapter 39.94 RCW to renovate the student services building.
(b) Enter into a financing contract on behalf of Centralia Community College for up to $3,000,000 plus financing expenses and required reserves pursuant to chapter 39.94 RCW to purchase or construct student housing.
(c) Enter into a financing contract on behalf of Clark College for up to $8,500,000 plus financing expenses and required reserves pursuant to chapter 39.94 RCW to renovate the culinary arts facility.
(d) Enter into a financing contract on behalf of Clark College for up to $35,000,000 plus financing expenses and required reserves pursuant to chapter 39.94 RCW to design and construct a student recreation center.
(e) Enter into a financing contract on behalf of Columbia Basin College for up to $7,000,000 plus financing expenses and required reserves pursuant to chapter 39.94 RCW to design and construct a health science center.
(f) Enter into a financing contract on behalf of Green River College for up to $15,000,000 plus financing expenses and required reserves pursuant to chapter 39.94 RCW to construct an aviation program center.
(g) Enter into a financing contract on behalf of Highline College for up to $1,500,000 plus financing expenses and required reserves pursuant to chapter 39.94 RCW to renovate the maintenance and grounds building.
(h) Enter into a financing contract on behalf of Lower Columbia College for up to $3,000,000 plus financing expenses and required reserves pursuant to chapter 39.94 RCW to renovate the main building.
(i) Enter into a financing contract on behalf of Lower Columbia College for up to $3,000,000 plus financing expenses and required reserves pursuant to chapter 39.94 RCW to renovate and expand the Myklebust gymnasium.
(j) Enter into a financing contract on behalf of Tacoma Community College for up to $12,000,000 plus financing expenses and required reserves pursuant to chapter 39.94 RCW to expand a health and wellness center.
(k) Enter into a financing contract on behalf of Walla Walla Community College for up to $1,500,000 plus financing expenses and required reserves pursuant to chapter 39.94 RCW to construct a workforce and business development center.
(14) Enter into a financing contract on behalf of the department of fish and wildlife for up to $12,000,000 plus financing expenses and required reserves pursuant to chapter 39.94 RCW to design and construct or purchase a new office and warehouse building near Vancouver.
NEW SECTION. Sec. 7003. (1) The legislature finds that use of life-cycle cost analysis will aid public entities, architects, engineers, and contractors in making design and construction decisions that positively impact both the initial construction cost and the ongoing operating and maintenance cost of a project. To ensure that the total cost of a project is accounted for and the most reasonable and cost efficient design is used, agencies shall develop life-cycle costs for any construction project over $10,000,000. The life-cycle costs must represent the present value sum of capital costs, installation costs, operating costs, and maintenance costs over the life expectancy of the project. The legislature further finds the most effective approach to the life-cycle cost analysis is to integrate it into the early part of the design process.
(2) Agencies shall develop a minimum of three project alternatives for use in the life-cycle cost analysis. These alternatives must be both distinctly different and viable solutions to the issue being addressed. The chosen alternative must be the most reasonable and cost-effective solution. A brief description of each project alternative and why it was chosen must be included in the life-cycle cost analysis section of the predesign.
(3) The office of financial management shall: (a) Make available a life-cycle cost model to be used for analysis; (b) in consultation with the department of enterprise services, provide assistance in using the life-cycle cost model; and (c) update the life-cycle cost model annually including assumptions for inflation rates, discount rates, and energy rates.
(4) Agencies shall consider architectural and engineering firms' and general contractors' experience using life-cycle costs, operating costs, and energy efficiency measures when selecting an architectural and engineering firm, or when selecting contractors using alternative contracting methods.
NEW SECTION. Sec. 7004. To ensure that major construction projects are carried out in accordance with legislative and executive intent, appropriations in this act in excess of $10,000,000 may not be expended or encumbered until the office of financial management has reviewed and approved the agency's predesign. The predesign document must include, but not be limited to, program, site, and cost analysis, including life-cycle cost, in accordance with the predesign manual adopted by the office of financial management. The results of life-cycle cost analysis must be a primary consideration in the selection of a building design. Construction may proceed only upon providing to the office of financial management the life-cycle costs. To improve monitoring of major construction projects, progress reports must be submitted by the agency administering the project to the office of financial management and to the fiscal committees of the house of representatives and senate. Reports must be submitted on July 1st and December 31st each year in a format to be developed by the office of financial management.
NEW SECTION. Sec. 7005. (1) Allotments for appropriations in this act shall be provided in accordance with the capital project review requirements adopted by the office of financial management and in compliance with RCW 43.88.110. Projects that will be employing alternative public works construction procedures under chapter 39.10 RCW are subject to the allotment procedures defined in this section and RCW 43.88.110.
(2) Each project is defined as proposed in the legislative budget notes or in the governor's budget document.
NEW SECTION. Sec. 7006. (1) The office of financial management may authorize a transfer of appropriation authority provided for a capital project that is in excess of the amount required for the completion of such project to another capital project for which the appropriation is insufficient. No such transfer may be used to expand the capacity of any facility beyond that intended in making the appropriation. Such transfers may be effected only between capital appropriations to a specific department, commission, agency, or institution of higher education and only between capital projects that are funded from the same fund or account. No transfers may occur between projects to local government agencies except where the grants are provided within a single omnibus appropriation and where such transfers are specifically authorized by the implementing statutes that govern the grants.
(2) The office of financial management may find that an amount is in excess of the amount required for the completion of a project only if: (a) The project as defined in the notes to the budget document is substantially complete and there are funds remaining; or (b) bids have been let on a project and it appears to a substantial certainty that the project as defined in the notes to the budget document can be completed within the biennium for less than the amount appropriated in this act.
(3) For the purposes of this section, the intent is that each project be defined as proposed to the legislature in the governor's budget document, unless it clearly appears from the legislative history that the legislature intended to define the scope of a project in a different way.
(4) A report of any transfer effected under this section, except emergency projects or any transfer under $250,000, shall be filed with the legislative fiscal committees of the senate and house of representatives by the office of financial management at least thirty days before the date the transfer is effected. The office of financial management shall report all emergency or smaller transfers within thirty days from the date of transfer.
NEW SECTION. Sec. 7007. (1) It is expected that projects be ready to proceed in a timely manner depending on the type or phase of the project or program that is the subject of the appropriation in this act. Except for major projects that customarily may take more than two biennia to complete from predesign to the end of construction, or large infrastructure grant or loan programs supporting projects that often take more than two biennia to complete, the legislature generally does not intend to reappropriate funds more than once, particularly for smaller grant programs, local/community projects, and minor works.
(2) Agencies shall expedite the expenditure of reappropriations and appropriations in this act in order to: (a) Rehabilitate infrastructure resources; (b) accelerate environmental rehabilitation and restoration projects for the improvement of the state's natural environment; (c) reduce additional costs associated with acquisition and construction inflationary pressures; and (d) provide additional employment opportunities associated with capital expenditures.
(3) To the extent feasible, agencies are directed to accelerate expenditure rates at their current level of permanent employees and shall use contracted design and construction services wherever necessary to meet the goals of this section.
NEW SECTION. Sec. 7008. (1) Any building project that receives funding from the capital budget must be built to sustainable standards. "Sustainable building" means a building that integrates and optimizes all major high-performance building attributes, including energy efficiency, durability, life-cycle performance, and occupant productivity. The following design and construction attributes must be integrated into the building project:
(a) Employ integrated design principles: Use a collaborative, integrated planning and design process that initiates and maintains an integrated project team in all stages of a project's planning and delivery. Establish performance goals for siting, energy, water, materials, and indoor environmental quality along with other comprehensive design goals and ensures incorporation of these goals throughout the design and life-cycle of the building. Considers all stages of the building's life-cycle, including deconstruction.
(b) Commissioning: Employ commissioning practices tailored to the size and complexity of the building and its system components in order to verify performance of building components and systems and help ensure that design requirements are met. This should include an experienced commissioning provider, inclusion of commissioning requirements in construction documents, a commissioning plan, verification of the installation and performance of systems to be commissioned, and a commissioning report.
(c) Optimize energy performance: Establish a whole building performance target that takes into account the intended use, occupancy, operations, plug loads, other energy demands, and design to earn the ENERGY STAR targets for new construction and major renovation where applicable. For new construction target low energy use index. For major renovations, reduce the energy use by fifty percent below pre-renovations baseline.
(d) On-site renewable energy: Meet at least thirty percent of the hot water demand through the installation of solar hot water heaters, when life-cycle cost effective. Implement renewable energy generation projects on agency property for agency use, when life-cycle cost effective.
(e) Measurement and verification: Install building level electricity meters in new major construction and renovation projects to track and continuously optimize performance. Include equivalent meters for natural gas and steam, where natural gas and steam are used. Install dashboards inside buildings to display and incentivize occupants on energy use.
(f) Benchmarking: Compare actual performance data from the first year of operation with the energy design target. Verify that the building performance meets or exceeds the design target. For other building and space types, use an equivalent benchmarking tool for laboratory buildings. Web-based data collection and dashboards must also be provided.
NEW SECTION. Sec. 7009. State agencies, including institutions of higher education, shall allot and report full-time equivalent staff for capital projects in a manner comparable to staff reporting for operating expenditures.
NEW SECTION. Sec. 7010. Executive Order No. 05-05, archaeological and cultural resources, was issued effective November 10, 2005. Agencies and higher education institutions shall comply with the requirements set forth in this executive order.
NEW SECTION. Sec. 7011. PUGET SOUND PROTECTION AND RESTORATION. Consistent with RCW 90.71.340, when expending appropriations under this act that contribute to Puget Sound protection and recovery, agencies shall consult with the Puget Sound partnership to ensure that projects and expenditures are either in, or consistent with the 2020 action agenda. These consultations shall include the exchange of information on specific actions, projects, associated funding, performance measures, and other information necessary to track project implementation and ensure alignment with the action agenda. In situations where the Puget Sound partnership finds that a project is not in, or is not consistent with the action agenda, Puget Sound partnership shall document this finding and report back to the governor and legislative fiscal committees.
NEW SECTION. Sec. 7012. FOR THE ARTS COMMISSION—ART WORK ALLOWANCE. (1) One-half of one percent of moneys appropriated in this act for original construction of school plant facilities is provided solely for the purposes of RCW 28A.335.210.
(2) One-half of one percent of moneys appropriated in this act for original construction or any major renovation or remodel work exceeding $200,000 by colleges or universities is provided solely for the purposes of RCW 28B.10.027.
(3) One-half of one percent of moneys appropriated in this act for original construction of any public building by a state agency identified in RCW 43.17.020 is provided solely for the purposes of RCW 43.17.200.
(4) At least eighty-five percent of the moneys spent by the Washington state arts commission during the 2015-2017 biennium for the purposes of RCW 28A.335.210, 28B.10.027, and 43.17.200 must be expended solely for direct acquisition of works of art. Art allocations not expended within the ensuing two biennia will lapse. The commission may use up to $100,000 of this amount to conserve or maintain existing pieces in the state art collection pursuant to RCW 28A.335.210.
(5) The executive director of the arts commission shall appoint a study group to review the operations of the one-half of one percent for works of art purchased or commissioned as required by RCW 28A.335.210, 28B.10.027, and 43.17.200. The findings of the review must be reported annually to the office of financial management and the fiscal committees of the legislature by August 15th. The review must include, but is not limited to, the following: (a) Projects purchased or commissioned per biennium; (b) partner agencies; (c) funding sources by fiscal year; (d) artwork costs; (e) administrative costs; (f) collection care costs; and (g) project status.
NEW SECTION. Sec. 7013. It is confirmed that the director of the department of enterprise services is authorized under chapter 35A.14 RCW to petition for annexation of the former northern state hospital property to the city of Sedro-Woolley upon the director's determination that such annexation is appropriate and in furtherance of the interests of the state. The director shall consult with the office of financial management prior to making such determination.
Sec. 7014. RCW 27.34.330 and 2006 c 371 s 232 are each amended to read as follows:
The Washington state historical society shall establish a competitive process to solicit proposals for and prioritize heritage capital projects for potential funding in the state capital budget. The society shall adopt rules governing project eligibility and evaluation criteria. Application for funding of specific projects may be made to the society by local governments, public development authorities, nonprofit corporations, tribal governments, and other entities, as determined by the society. The society, with the advice of leaders in the heritage field, including but not limited to representatives from the office of the secretary of state, the eastern Washington state historical society, and the department of archaeology and historic preservation, shall establish and submit a prioritized list of heritage capital projects to the governor and the legislature in the society's biennial capital budget request. The list shall include a description of each project, the amount of recommended state funding, and documentation of nonstate funds to be used for the project. The total amount of recommended state funding for projects on a biennial project list shall not exceed ten million dollars. The prioritized list shall be developed through open and public meetings and the amount of state funding shall not exceed thirty-three and thirty-three one hundredths percent of the total cost of the project. The nonstate portion of the total project cost may include cash, the value of real property when acquired solely for the purpose of the project, and in-kind contributions. The department shall not sign contracts or otherwise financially obligate funds under this section until the legislature has approved a specific list of projects. In contracts for grants authorized under this section, the society shall include provisions requiring that capital improvements be held by the grantee for a specified period of time appropriate to the amount of the grant and that facilities be used for the express purpose of the grant. If the grantee is found to be out of compliance with provisions of the contract, the grantee shall repay to the state general fund the principal amount of the grant plus interest calculated at the rate of interest on state of Washington general obligation bonds issued most closely to the date of authorization of the grant.
NEW SECTION. Sec. 7015. To carry out the provisions of this act, the governor may assign responsibility for predesign, design, construction, and other related activities to any appropriate agency.
NEW SECTION. Sec. 7016. If any federal moneys appropriated by this act for capital projects are not received by the state, the department or agency to which the moneys were appropriated may replace the federal moneys with funds available from private or local sources. No replacement may occur under this section without the prior approval of the director of financial management in consultation with the senate ways and means committee and the house of representatives capital budget committee.
NEW SECTION. Sec. 7017. (1) Unless otherwise stated, for all appropriations under this act that require a match of nonstate money or in-kind contributions, the following requirement, consistent with RCW 43.88.150, shall apply: Expenditures of state money shall be timed so that the state share of project expenditures never exceeds the intended state share of total project costs.
(2) Provision of the full amount of required matching funds is not required to permit the expenditure of capital budget appropriations for phased projects if a proportional amount of the required matching funds is provided for each distinct, identifiable phase of the project.
Sec. 7018. RCW 28A.525.166 and 2013 2nd sp.s. c 18 s 514 are each amended to read as follows:
Allocations to school districts of state funds provided by RCW 28A.525.162 through 28A.525.180 shall be made by the superintendent of public instruction and the amount of state funding assistance to a school district in financing a school plant project shall be determined in the following manner:
(1) The boards of directors of the districts shall determine the total cost of the proposed project, which cost may include the cost of acquiring and preparing the site, the cost of constructing the building or of acquiring a building and preparing the same for school use, the cost of necessary equipment, taxes chargeable to the project, necessary architects' fees, and a reasonable amount for contingencies and for other necessary incidental expenses: PROVIDED, That the total cost of the project shall be subject to review and approval by the superintendent.
(2) The state funding assistance percentage for a school district shall be computed by the following formula:
The ratio of the school district's adjusted valuation per pupil divided by the ratio of the total state adjusted valuation per pupil shall be subtracted from three, and then the result of the foregoing shall be divided by three plus (the ratio of the school district's adjusted valuation per pupil divided by the ratio of the total state adjusted valuation per pupil).
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PROVIDED, That in the event the state funding assistance percentage to any school district based on the above formula is less than twenty percent and such school district is otherwise eligible for state funding assistance under RCW 28A.525.162 through 28A.525.180, the superintendent may establish for such district a state funding assistance percentage not in excess of twenty percent of the approved cost of the project, if the superintendent finds that such additional assistance is necessary to provide minimum facilities for housing the pupils of the district.
(3) In addition to the computed state funding assistance percentage developed in subsection (2) of this section, a school district shall be entitled to additional percentage points determined by the average percentage of growth for the past three years. One percent shall be added to the computed state funding assistance percentage for each percent of growth, with a maximum of twenty percent.
(4) In computing the state funding assistance percentage in subsection (2) of this section and adjusting the percentage under subsection (3) of this section, students residing outside the school district who are enrolled in alternative learning experience courses under RCW 28A.232.010 shall be excluded from the count of total pupils. In lieu of the exclusion in this subsection, a district may submit an alternative calculation for excluding students enrolled in alternative learning experience courses. The alternative calculation must show the student headcount use of district classroom facilities on a regular basis for a reasonable duration by out-of-district alternative learning experience students subtracted by the headcount of in-district alternative learning experience students not using district classroom facilities on a regular basis for a reasonable duration. The alternative calculation must be submitted in a form approved by the office of the superintendent of public instruction. The office of the superintendent of public instruction must develop rules to define "regular basis" and "reasonable duration."
(5) The approved cost of the project determined in the manner prescribed in this section multiplied by the state funding assistance percentage derived as provided for in this section shall be the amount of state funding assistance to the district for the financing of the project: PROVIDED, That need therefor has been established to the satisfaction of the superintendent: PROVIDED, FURTHER, That additional state funding assistance may be allowed if it is found by the superintendent, considering policy recommendations from the school facilities citizen advisory panel that such assistance is necessary in order to meet (a) a school housing emergency resulting from the destruction of a school building by fire, the condemnation of a school building by properly constituted authorities, a sudden excessive and clearly foreseeable future increase in school population, or other conditions similarly emergent in nature; or (b) a special school housing burden resulting from projects of statewide significance or imposed by virtue of the admission of nonresident students into educational programs established, maintained and operated in conformity with the requirements of law; or (c) a deficiency in the capital funds of the district resulting from financing, subsequent to April 1, 1969, and without benefit of the state funding assistance provided by prior state assistance programs, the construction of a needed school building project or projects approved in conformity with the requirements of such programs, after having first applied for and been denied state funding assistance because of the inadequacy of state funds available for the purpose, or (d) a condition created by the fact that an excessive number of students live in state owned housing, or (e) a need for the construction of a school building to provide for improved school district organization or racial balance, or (f) conditions similar to those defined under (a), (b), (c), (d), and (e) of this subsection, creating a like emergency.
(6) For the 2015-2017 biennium, schools determined to have a lack of sufficient space to provide all-day kindergarten, reduce class sizes, or provide science classrooms or labs to meet the requirements of law, have a special housing burden condition similar to those defined under subsection (5)(b) of this section, creating a like emergency. For the 2015-2017 biennium, school districts are entitled to additional percentage points for school construction projects that have a special housing burden condition only. The additional percentage points are determined by (a) student enrollments in the free and reduced price meals program, and (b) donations of cash, like-kind, or equipment from private sources. The additional percentage points under (a) of this subsection are twenty percent of the percent of student enrollments eligible and enrolled in the free and reduced price meals program. The additional percentage points under (b) of this subsection are determined by enrollments of the school district and the value of the private donation as follows:
District Enrollments |
$250K-$499K |
Value of Donation $500K-$1M |
>$1M |
Less than 2,000 |
10 |
15 |
20 |
2,000-4,000 |
5 |
10 |
15 |
More than 4,000 |
0 |
5 |
10 |
Sec. 7019. RCW 28A.525.172 and 2006 c 263 s 314 are each amended to read as follows:
All applications by
school districts for state assistance in providing school plant facilities
shall be made to the superintendent of public instruction in conformity with
rules adopted by the superintendent of public instruction, considering policy
recommendations from the school facilities citizen advisory panel. Studies and
surveys shall be conducted by the superintendent for the purpose of securing
information relating to (((a) [(1)])) (1) the kind and extent of
the school plant facilities required and the urgency of need for such
facilities in districts that seek state assistance, (((b) [(2)])) (2)
the ability of such districts to provide capital funds by local effort, (((c)
[(3)])) (3) the need for improvement of school administrative units
and school attendance areas among or within such districts, and (((d) [(4)]))
(4) any other pertinent matters. For the 2015-2017 biennium, the
superintendent may not conduct studies and surveys for the purpose of this
section.
NEW SECTION. Sec. 7020. NONTAXABLE AND TAXABLE BOND PROCEEDS. Portions of the appropriation authority granted by this act from the state building construction account, or any other account receiving bond proceeds, may be transferred to the state taxable building construction account as deemed necessary by the state finance committee to comply with the federal internal revenue service rules and regulations pertaining to the use of nontaxable bond proceeds. Portions of the general obligation bond proceeds authorized by chapter . . ., Laws of 2015 (Substitute House Bill No. 1166, the general obligation bond bill) for deposit into the state taxable building construction account that are in excess of amounts required to comply with the federal internal revenue service rules and regulations shall be deposited into the state building construction account. The state treasurer shall submit written notification to the director of financial management if it is determined that a shift of appropriation authority between the state building construction account, or any other account receiving bond proceeds, and the state taxable building construction account is necessary, or that a shift of appropriation authority from the state taxable building construction account to the state building construction account may be made.
NEW SECTION. Sec. 7021. COLUMBIA RIVER BASIN NONTAXABLE AND TAXABLE BOND PROCEEDS. Portions of the appropriation authority granted by this act from the Columbia river basin water supply development account may be transferred to the Columbia river basin taxable bond water supply development account as deemed necessary by the state finance committee to comply with the federal internal revenue service rules and regulations pertaining to the use of nontaxable bond proceeds. The state treasurer shall submit written notification to the director of financial management if it is determined that a shift of appropriation authority between the Columbia river basin water supply development account and the Columbia river basin taxable bond water supply development account is necessary, or that a shift of appropriation authority from the Columbia river basin taxable bond water supply development account to the Columbia river basin water supply development account may be made.
NEW SECTION. Sec. 7022. The office of financial management, in consultation with the fiscal committees of the legislature, may select capital projects that have completed predesign to undergo a budget evaluation study. The budget evaluation study team approach using value engineering techniques and life cycle cost analysis must be utilized by the office of financial management in conducting the studies. The office of financial management shall select the budget evaluation team members, contract for the study, and report the results to the legislature and agencies in a timely manner following the study. Funds from the project appropriation must be used by the office of financial management through an interagency agreement with the affected agencies to cover the cost of the study.
NEW SECTION. Sec. 7023. RESEARCH ON TRANSFER OF FEDERAL LANDS TO WASHINGTON STATE. Staff from the appropriate legislative committees shall use existing studies and available literature to research the potential costs, revenues, and policy impacts of transferring federal lands to state ownership. The research must include:
(1) Costs to the state of: (a) Land management related to wildfires, forest health, invasive species management, and public access; (b) addressing deferred forest health issues and ongoing maintenance; (c) payments in lieu of taxes; (d) state program development; and (e) other potential costs.
(2) Revenues to the state from: (a) Current and increased timber cut-rates; (b) mineral lease revenues; (c) recreation fees; (d) grazing fees; (e) permanent common school account investment income; and (f) other potential revenues.
(3) Policy research related to the endangered species act, the mining law of 1872, and other federal-state impacts.
(4) The research may not include consideration of revenues or costs of transferring public lands into private ownership status.
(5) A report on this research must be provided to appropriate legislative committees by December 1, 2015.
Sec. 7024. RCW 28B.20.725 and 2013 2nd sp.s. c 19 s 7027 are each amended to read as follows:
The board is hereby empowered:
(1) To reserve the right to issue bonds later on a parity with any bonds being issued;
(2) To authorize the investing of moneys in the bond retirement fund and any reserve account therein;
(3) To authorize the transfer of money from the University of Washington building account to the bond retirement fund when necessary to prevent a default in the payments required to be made out of such fund;
(4) To create a reserve account or accounts in the bond retirement fund to secure the payment of the principal of and interest on any bonds;
(5) To authorize
the transfer to the University of Washington building account of any money on
deposit in the bond retirement fund in excess of debt service for a period of
three years from the date of such transfer on all outstanding bonds payable out
of such fund. ((However, during the 2011-2013 fiscal biennium, the
legislature may transfer to the University of Washington building account
moneys that are in excess of the debt service due within one year of the date
of transfer on all outstanding bonds payable out of the bond retirement fund.))
However, during the 2013-2015 fiscal biennium, the legislature may transfer to
the University of Washington building account moneys that are in excess of the
debt service due within the 2013-2015 fiscal biennium from the date of such
transfer on all outstanding bonds payable out of the bond retirement fund. However,
during the 2015-2017 fiscal biennium, the legislature may transfer to the
University of Washington building account moneys that are in excess of the debt
service due within the 2015-2017 fiscal biennium from the date of such transfer
on all outstanding bonds payable out of the bond retirement fund.
Sec. 7025. RCW 28B.15.310 and 2013 2nd sp.s. c 19 s 7028 are each amended to read as follows:
Within thirty-five days from the date of collection thereof, all building fees shall be paid and credited as follows: To the Washington State University bond retirement fund, one-half or such larger portion as may be necessary to prevent a default in the payments required to be made out of such bond retirement fund; and the remainder thereof to the Washington State University building account.
The sum so credited
to the Washington State University building account shall be expended by the
board of regents for buildings, equipment, or maintenance on the campus of
Washington State University as may be deemed most advisable and for the best
interests of the university, and for certificates of participation under
chapter 39.94 RCW, except for any sums transferred as authorized by law. ((During
the 2011-2013 biennium, sums credited to the Washington State University
building account shall also be used for routine facility maintenance and
utility costs.)) During the 2013-2015 biennium, sums credited to the
Washington State University building account shall also be used for routine
facility maintenance, utility costs, and facility condition assessments. During
the 2015-2017 biennium, sums credited to the Washington State University
building account shall also be used for routine facility maintenance, utility
costs, and facility condition assessments. Expenditures so made shall be
accounted for in accordance with existing law and shall not be expended until
appropriated by the legislature.
The sum so credited to the Washington State University bond retirement fund shall be used to pay and secure the payment of the principal of and interest on building bonds issued by the university, except for any sums which may be transferred out of such fund as authorized by law.
Sec. 7026. RCW 28B.15.210 and 2013 2nd sp.s. c 19 s 7026 are each amended to read as follows:
Within thirty-five days from the date of collection thereof, all building fees at the University of Washington, including building fees to be charged students registering in the schools of medicine and dentistry, shall be paid into the state treasury and credited as follows:
One-half or such larger portion as may be necessary to prevent a default in the payments required to be made out of the bond retirement fund to the "University of Washington bond retirement fund" and the remainder thereof to the "University of Washington building account." The sum so credited to the University of Washington building account shall be used exclusively for the purpose of erecting, altering, maintaining, equipping, or furnishing buildings, and for certificates of participation under chapter 39.94 RCW, except for any sums transferred as authorized in RCW 28B.20.725(3). The sum so credited to the University of Washington bond retirement fund shall be used for the payment of principal of and interest on bonds outstanding as provided by chapter 28B.20 RCW except for any sums transferred as authorized in RCW 28B.20.725(5). During the 2013-2015 biennium, sums credited to the University of Washington building account shall also be used for routine facility maintenance, utility costs, and facility condition assessments. During the 2015-2017 biennium, sums credited to the University of Washington building account shall also be used for routine facility maintenance, utility costs, and facility condition assessments.
Sec. 7027. RCW 28B.30.750 and 2013 2nd sp.s. c 19 s 7029 are each amended to read as follows:
The board is hereby empowered:
(1) To reserve the right to issue bonds later on a parity with any bonds being issued;
(2) To authorize the investing of moneys in the bond retirement fund and any reserve account therein;
(3) To authorize the transfer of money from the Washington State University building account to the bond retirement fund when necessary to prevent a default in the payments required to be made out of such fund;
(4) To create a reserve account or accounts in the bond retirement fund to secure the payment of the principal of and interest on any bonds;
(5) To authorize
the transfer to the Washington State University building account of any money
on deposit in the bond retirement fund in excess of debt service for a period
of three years from the date of such transfer on all outstanding bonds payable
out of such fund. ((However, during the 2011-2013 fiscal biennium, the
legislature may transfer to the Washington State University building account
moneys that are in excess of the debt service due within one year of the date
of transfer on all outstanding bonds payable out of the bond retirement fund.))
However, during the 2013-2015 fiscal biennium, the legislature may transfer to
the Washington State University building account moneys that are in excess of
the debt service due within the 2013-2015 fiscal biennium from the date of such
transfer on all outstanding bonds payable out of the bond retirement fund. However,
during the 2015-2017 fiscal biennium, the legislature may transfer to the
Washington State University building account moneys that are in excess of the
debt service due within the 2015-2017 fiscal biennium from the date of such
transfer on all outstanding bonds payable out of the bond retirement fund.
Sec. 7028. RCW 28B.35.370 and 2013 2nd sp.s. c 19 s 7030 are each amended to read as follows:
Within thirty-five days from the date of collection thereof all building fees of each regional university and The Evergreen State College shall be paid into the state treasury and these together with such normal school fund revenues as provided in RCW 28B.35.751 as are received by the state treasury shall be credited as follows:
(1) On or before June 30th of each year the board of trustees of each regional university and The Evergreen State College, if issuing bonds payable out of its building fees and above described normal school fund revenues, shall certify to the state treasurer the amounts required in the ensuing twelve months to pay and secure the payment of the principal of and interest on such bonds. The amounts so certified by each regional university and The Evergreen State College shall be a prior lien and charge against all building fees and above described normal school fund revenues of such institution. The state treasurer shall thereupon deposit the amounts so certified in the Eastern Washington University capital projects account, the Central Washington University capital projects account, the Western Washington University capital projects account, or The Evergreen State College capital projects account respectively, which accounts are hereby created in the state treasury. The amounts deposited in the respective capital projects accounts shall be used to pay and secure the payment of the principal of and interest on the building bonds issued by such regional universities and The Evergreen State College as authorized by law. If in any twelve month period it shall appear that the amount certified by any such board of trustees is insufficient to pay and secure the payment of the principal of and interest on the outstanding building and above described normal school fund revenue bonds of its institution, the state treasurer shall notify the board of trustees and such board shall adjust its certificate so that all requirements of moneys to pay and secure the payment of the principal of and interest on all such bonds then outstanding shall be fully met at all times.
(2) All normal
school fund revenue pursuant to RCW 28B.35.751 shall be deposited in the
Eastern Washington University capital projects account, the Central Washington
University capital projects account, the Western Washington University capital
projects account, or The Evergreen State College capital projects account
respectively, which accounts are hereby created in the state treasury. The sums
deposited in the respective capital projects accounts shall be appropriated and
expended to pay and secure the payment of the principal of and interest on
bonds payable out of the building fees and normal school revenue and for the
construction, reconstruction, erection, equipping, maintenance, demolition and
major alteration of buildings and other capital assets, and the acquisition of
sites, rights-of-way, easements, improvements or appurtenances in relation
thereto except for any sums transferred therefrom as authorized by law. ((During
the 2011-2013 biennium, sums in the respective capital accounts shall also be
used for routine facility maintenance and utility costs.)) However, during
the 2013-2015 biennium, sums in the respective capital accounts shall also be
used for routine facility maintenance, utility costs, and facility condition
assessments. However, during the 2015-2017 biennium, sums in the respective
capital accounts shall also be used for routine facility maintenance, utility
costs, and facility condition assessments.
(3) Funds available in the respective capital projects accounts may also be used for certificates of participation under chapter 39.94 RCW.
Sec. 7029. RCW 28B.50.360 and 2013 2nd sp.s. c 19 s 7031 are each amended to read as follows:
Within thirty-five days from the date of start of each quarter all collected building fees of each such community and technical college shall be paid into the state treasury, and shall be credited as follows:
(1) On or before June 30th of each year the college board if issuing bonds payable out of building fees shall certify to the state treasurer the amounts required in the ensuing twelve-month period to pay and secure the payment of the principal of and interest on such bonds. The state treasurer shall thereupon deposit the amounts so certified in the community and technical college capital projects account. Such amounts of the funds deposited in the community and technical college capital projects account as are necessary to pay and secure the payment of the principal of and interest on the building bonds issued by the college board as authorized by this chapter shall be devoted to that purpose. If in any twelve-month period it shall appear that the amount certified by the college board is insufficient to pay and secure the payment of the principal of and interest on the outstanding building bonds, the state treasurer shall notify the college board and such board shall adjust its certificate so that all requirements of moneys to pay and secure the payment of the principal and interest on all such bonds then outstanding shall be fully met at all times.
(2) The community
and technical college capital projects account is hereby created in the state
treasury. The sums deposited in the capital projects account shall be
appropriated and expended to pay and secure the payment of the principal of and
interest on bonds payable out of the building fees and for the construction,
reconstruction, erection, equipping, maintenance, demolition and major
alteration of buildings and other capital assets owned by the state board for
community and technical colleges in the name of the state of Washington, and
the acquisition of sites, rights-of-way, easements, improvements or
appurtenances in relation thereto, engineering and architectural services
provided by the department of enterprise services, and for the payment of
principal of and interest on any bonds issued for such purposes. ((During
the 2011-2013 biennium, sums in the capital projects account shall also be used
for routine facility maintenance and utility costs.)) However, during
the 2013-2015 biennium, sums in the capital projects account shall also be used
for routine facility maintenance and utility costs. However, during the
2015-2017 biennium, sums in the capital projects account shall also be used for
routine facility maintenance and utility costs.
(3) Funds available in the community and technical college capital projects account may also be used for certificates of participation under chapter 39.94 RCW.
Sec. 7030. RCW 43.34.080 and 2013 2nd sp.s. c 19 s 7015 are each amended to read as follows:
(1) The capitol campus design advisory committee is established as an advisory group to the capitol committee and the director of enterprise services to review programs, planning, design, and landscaping of state capitol facilities and grounds and to make recommendations that will contribute to the attainment of architectural, aesthetic, functional, and environmental excellence in design and maintenance of capitol facilities on campus and located in neighboring communities.
(2) The advisory committee shall consist of the following persons who shall be appointed by and serve at the pleasure of the director of enterprise services:
(a) Two architects;
(b) A landscape architect; and
(c) An urban planner.
The director of enterprise services shall appoint the chair and vice chair and shall provide the staff and resources necessary for implementing this section. The advisory committee shall meet at least once every ninety days and at the call of the chair.
The members of the committee shall be reimbursed as provided in RCW 43.03.220 and 44.04.120.
(3) The advisory committee shall also consist of the secretary of state and two members of the house of representatives, one from each caucus, who shall be appointed by the speaker of the house of representatives, and two members of the senate, one from each caucus, who shall be appointed by the president of the senate.
(4) The advisory committee shall review plans and designs affecting state capitol facilities as they are developed. The advisory committee's review shall include:
(a) The process of solicitation and selection of appropriate professional design services including design-build proposals;
(b) Compliance with the capitol campus master plan and design concepts as adopted by the capitol committee;
(c) The design, siting, and grouping of state capitol facilities relative to the service needs of state government and the impact upon the local community's economy, environment, traffic patterns, and other factors;
(d) The relationship of overall state capitol facility planning to the respective comprehensive plans for long-range urban development of the cities of Olympia, Lacey, and Tumwater, and Thurston county; and
(e) Landscaping plans and designs, including planting proposals, street furniture, sculpture, monuments, and access to the capitol campus and buildings.
(5) For development of the property known as the 1063 block, the committee may review the proposal selected by the department of enterprise services but must not propose changes that will affect the scope, budget, or schedule of the project.
(6) During the 2015-2017 fiscal biennium, for development of the property known as the pro arts site, the committee may review the proposal selected by the department of enterprise services but must not propose changes that will affect the scope, budget, or schedule of the project.
Sec. 7031. RCW 43.155.050 and 2013 2nd sp.s. c 4 s 983 are each amended to read as follows:
The public works
assistance account is hereby established in the state treasury. Money may be
placed in the public works assistance account from the proceeds of bonds when
authorized by the legislature or from any other lawful source. Money in the
public works assistance account shall be used to make loans and to give
financial guarantees to local governments for public works projects. Moneys in
the account may also be appropriated to provide for state match requirements
under federal law for projects and activities conducted and financed by the
board under the drinking water assistance account. Not more than fifteen
percent of the biennial capital budget appropriation to the public works board
from this account may be expended or obligated for preconstruction loans,
emergency loans, or loans for capital facility planning under this chapter; of this
amount, not more than ten percent of the biennial capital budget appropriation
may be expended for emergency loans and not more than one percent of the
biennial capital budget appropriation may be expended for capital facility
planning loans. During the ((2011-2013 and 2013-2015)) 2015-2017
fiscal biennium, the legislature may transfer from the public works assistance
account to ((the general fund,)) the water pollution control revolving
account((,)) and the drinking water assistance account such amounts as
reflect the excess fund balance of the account. ((During the 2011-2013
fiscal biennium, the legislature may appropriate moneys from the account for
economic development, innovation, and export grants, including brownfields;
main street improvement grants; and the loan program consolidation board.))
During the 2013-2015 fiscal biennium, the legislature may transfer from the
public works assistance account to the education legacy trust account such amounts
as specified by the legislature.
Sec. 7032. RCW 43.155.070 and 2013 2nd sp.s. c 19 s 7032 are each amended to read as follows:
(1) To qualify for financial assistance under this chapter the board must determine that a local government meets all of the following conditions:
(a) The city or county must be imposing a tax under chapter 82.46 RCW at a rate of at least one-quarter of one percent;
(b) The local government must have developed a capital facility plan; and
(c) The local government must be using all local revenue sources which are reasonably available for funding public works, taking into consideration local employment and economic factors.
(2) Except where necessary to address a public health need or substantial environmental degradation, a county, city, or town planning under RCW 36.70A.040 may not receive financial assistance under this chapter unless it has adopted a comprehensive plan, including a capital facilities plan element, and development regulations as required by RCW 36.70A.040. This subsection does not require any county, city, or town planning under RCW 36.70A.040 to adopt a comprehensive plan or development regulations before requesting or receiving financial assistance under this chapter if such request is made before the expiration of the time periods specified in RCW 36.70A.040. A county, city, or town planning under RCW 36.70A.040 that has not adopted a comprehensive plan and development regulations within the time periods specified in RCW 36.70A.040 may apply for and receive financial assistance under this chapter if the comprehensive plan and development regulations are adopted as required by RCW 36.70A.040 before executing a contractual agreement for financial assistance with the board.
(3) In considering awarding financial assistance for public facilities to special districts requesting funding for a proposed facility located in a county, city, or town planning under RCW 36.70A.040, the board must consider whether the county, city, or town planning under RCW 36.70A.040 in whose planning jurisdiction the proposed facility is located has adopted a comprehensive plan and development regulations as required by RCW 36.70A.040.
(4) The board must develop a priority process for public works projects as provided in this section. The intent of the priority process is to maximize the value of public works projects accomplished with assistance under this chapter. The board must attempt to assure a geographical balance in assigning priorities to projects. The board must consider at least the following factors in assigning a priority to a project:
(a) Whether the local government receiving assistance has experienced severe fiscal distress resulting from natural disaster or emergency public works needs;
(b) Except as otherwise conditioned by RCW 43.155.110, whether the entity receiving assistance is a Puget Sound partner, as defined in RCW 90.71.010;
(c) Whether the project is referenced in the action agenda developed by the Puget Sound partnership under RCW 90.71.310;
(d) Whether the project is critical in nature and would affect the health and safety of a great number of citizens;
(e) Whether the applicant's permitting process has been certified as streamlined by the office of regulatory assistance;
(f) Whether the applicant has developed and adhered to guidelines regarding its permitting process for those applying for development permits consistent with section 1(2), chapter 231, Laws of 2007;
(g) The cost of the project compared to the size of the local government and amount of loan money available;
(h) The number of communities served by or funding the project;
(i) Whether the project is located in an area of high unemployment, compared to the average state unemployment;
(j) Whether the project is the acquisition, expansion, improvement, or renovation by a local government of a public water system that is in violation of health and safety standards, including the cost of extending existing service to such a system;
(k) Except as otherwise conditioned by RCW 43.155.120, and effective one calendar year following the development of model evergreen community management plans and ordinances under RCW 35.105.050, whether the entity receiving assistance has been recognized, and what gradation of recognition was received, in the evergreen community recognition program created in RCW 35.105.030;
(l) The relative benefit of the project to the community, considering the present level of economic activity in the community and the existing local capacity to increase local economic activity in communities that have low economic growth; and
(m) Other criteria that the board considers advisable.
(5) For the ((2013-2015))
2015-2017 fiscal biennium, in place of the criteria, ranking, and
submission processes for construction loan lists provided in subsections (4)
and (7) of this section:
(a) The board must develop a process for numerically ranking applications for construction loans submitted by local governments. The board must consider, at a minimum and in any order, the following factors in assigning a numerical ranking to a project:
(i) Whether the project is critical in nature and would affect the health and safety of many people;
(ii) The extent to which the project leverages nonstate funds;
(iii) The extent to which the project is ready to proceed to construction;
(iv) Whether the project is located in an area of high unemployment, compared to the average state unemployment;
(v) Whether the project promotes the sustainable use of resources and environmental quality;
(vi) Whether the project consolidates or regionalizes systems;
(vii) Whether the project encourages economic development through mixed‑use and mixed income development consistent with chapter 36.70A RCW;
(viii) Whether the system is being well‑managed in the present and for long‑term sustainability;
(ix) Achieving equitable distribution of funds by geography and population;
(x) The extent to which the project meets the following state policy objectives:
(A) Efficient use of state resources;
(B) Preservation and enhancement of health and safety;
(C) Abatement of pollution and protection of the environment;
(D) Creation of new, family wage jobs, and avoidance of shifting existing jobs from one Washington state community to another;
(E) Fostering economic development consistent with chapter 36.70A RCW;
(F) Efficiency in delivery of goods and services, public transit, and transportation;
(G) Avoidance of additional costs to state and local governments that adversely impact local residents and small businesses; and
(H) Reduction of the overall cost of public infrastructure; and
(xi) Other criteria that the board considers necessary to achieve the purposes of this chapter.
(b) Before November
1, ((2014)) 2016, the board must develop and submit to the
appropriate fiscal committees of the senate and house of representatives a
ranked list of qualified public works projects which have been evaluated by the
board and are recommended for funding by the legislature. The maximum amount of
funding that the board may recommend for any jurisdiction is ten million
dollars per biennium. For each project on the ranked list, as well as for
eligible projects not recommended for funding, the board must document the
numerical ranking that was assigned.
(6) Existing debt or financial obligations of local governments may not be refinanced under this chapter. Each local government applicant must provide documentation of attempts to secure additional local or other sources of funding for each public works project for which financial assistance is sought under this chapter.
(7) Before November 1st of each even-numbered year, the board must develop and submit to the appropriate fiscal committees of the senate and house of representatives a description of the loans made under RCW 43.155.065, 43.155.068, and subsection (10) of this section during the preceding fiscal year and a prioritized list of projects which are recommended for funding by the legislature, including one copy to the staff of each of the committees. The list must include, but not be limited to, a description of each project and recommended financing, the terms and conditions of the loan or financial guarantee, the local government jurisdiction and unemployment rate, demonstration of the jurisdiction's critical need for the project and documentation of local funds being used to finance the public works project. The list must also include measures of fiscal capacity for each jurisdiction recommended for financial assistance, compared to authorized limits and state averages, including local government sales taxes; real estate excise taxes; property taxes; and charges for or taxes on sewerage, water, garbage, and other utilities.
(8) The board may not sign contracts or otherwise financially obligate funds from the public works assistance account before the legislature has appropriated funds for a specific list of public works projects. The legislature may remove projects from the list recommended by the board. The legislature may not change the order of the priorities recommended for funding by the board.
(9) Subsection (8) of this section does not apply to loans made under RCW 43.155.065, 43.155.068, and subsection (10) of this section.
(10) Loans made for the purpose of capital facilities plans are exempted from subsection (8) of this section.
(11) To qualify for loans or pledges for solid waste or recycling facilities under this chapter, a city or county must demonstrate that the solid waste or recycling facility is consistent with and necessary to implement the comprehensive solid waste management plan adopted by the city or county under chapter 70.95 RCW.
(12) After January 1, 2010, any project designed to address the effects of storm water or wastewater on Puget Sound may be funded under this section only if the project is not in conflict with the action agenda developed by the Puget Sound partnership under RCW 90.71.310.
(13) During the ((2013-2015))
2015-2017 fiscal biennium, for projects involving repair, replacement,
or improvement of a wastewater treatment plant or other public works facility
for which an investment grade efficiency audit is obtainable, the public works
board must require as a contract condition that the project sponsor undertake
an investment grade efficiency audit. The project sponsor may finance the costs
of the audit as part of its public works assistance account program loan.
(14)(a) ((For
public works assistance account application rounds conducted during the
2013-2015 fiscal biennium, the board must implement policies and procedures
designed to maximize local government use of federally funded drinking water
and clean water state revolving funds operated by the state departments of
health and ecology. The board, department of ecology, and department of health
must jointly develop evaluation criteria and application procedures that will
increase access of eligible drinking water and wastewater projects to the
public works assistance account for short-term preconstruction financing and to
the federally funded state revolving funds for construction financing. The
procedures must also strengthen coordinated funding of preconstruction and
construction projects.)) For public works assistance account application
rounds conducted during the 2015-2017 fiscal biennium, the board must implement
policies and procedures designed to maximize local government use of federal
funds to finance local infrastructure including, but not limited to, drinking
water and clean water state revolving funds operated by the state departments
of health and ecology.
(b) For all
construction loan projects proposed to the legislature for funding during the
((2013-2015)) 2015-2017 fiscal biennium, the board must base
interest rates on the average daily market interest rate for tax‑exempt
municipal bonds as published in the bond buyer's index for the period from
sixty to thirty days before the start of the application cycle. For projects
with a repayment period between five and twenty years, the rate must be sixty
percent of the market rate. For projects with a repayment period under five
years, the rate must be thirty percent of the market rate. The board must also
provide reduced interest rates, extended repayment periods, or forgivable
principal loans for projects that meet financial hardship criteria as measured
by the affordability index or similar standard measure of financial hardship.
(((c) By
December 1, 2013, the board must recommend to the appropriate committees of the
legislature statutory language to make permanent these new criteria,
procedures, and financing policies.))
Sec. 7033. RCW 43.160.080 and 2010 1st sp.s. c 36 s 6011 are each amended to read as follows:
There shall be a
fund in the state treasury known as the public facilities construction loan
revolving account, which shall consist of all moneys collected under this
chapter and any moneys appropriated to it by law. Disbursements from the
revolving account shall be on authorization of the board. In order to maintain
an effective expenditure and revenue control, the public facilities
construction loan revolving account shall be subject in all respects to chapter
43.88 RCW. ((During the 2009-2011 biennium, sums in the public facilities
construction loan revolving account may be used for community economic
revitalization board export assistance grants and loans in section 1018,
chapter 36, Laws of 2010 1st sp. sess. and for matching funds for the federal
energy regional innovation cluster in section 1017, chapter 36, Laws of 2010
1st sp. sess.)) During the 2015-2017 biennium, sums in the public
facilities construction loan revolving account may be used to continue and
enhance the animal disease traceability project in section 3247, chapter 19,
Laws of 2013 2nd sp. sess., administered by the department of agriculture.
During the 2015-2017 biennium, sums in the public facilities construction loan
revolving account may be used for the clean energy partnership project in
section 1038, chapter 19, Laws of 2013 2nd sp. sess.
Sec. 7034. RCW 70.105D.070 and 2013 2nd sp.s. c 19 s 7033 and 2013 2nd sp.s. c 4 s 992 are each reenacted and amended to read as follows:
(1) The state toxics control account and the local toxics control account are hereby created in the state treasury.
(2)(a) Moneys collected under RCW 82.21.030 must be deposited as follows: Fifty-six percent to the state toxics control account under subsection (3) of this section and forty-four percent to the local toxics control account under subsection (4) of this section. When the cumulative amount of deposits made to the state and local toxics control accounts under this section reaches the limit during a fiscal year as established in (b) of this subsection, the remainder of the moneys collected under RCW 82.21.030 during that fiscal year must be deposited into the environmental legacy stewardship account created in RCW 70.105D.170.
(b) The limit on distributions of moneys collected under RCW 82.21.030 to the state and local toxics control accounts for the fiscal year beginning July 1, 2013, is one hundred forty million dollars.
(c) In addition to the funds required under (a) of this subsection, the following moneys must be deposited into the state toxics control account: (i) The costs of remedial actions recovered under this chapter or chapter 70.105A RCW; (ii) penalties collected or recovered under this chapter; and (iii) any other money appropriated or transferred to the account by the legislature.
(3) Moneys in the state toxics control account must be used only to carry out the purposes of this chapter, including but not limited to the following activities:
(a) The state's responsibility for hazardous waste planning, management, regulation, enforcement, technical assistance, and public education required under chapter 70.105 RCW;
(b) The state's responsibility for solid waste planning, management, regulation, enforcement, technical assistance, and public education required under chapter 70.95 RCW;
(c) The hazardous waste clean-up program required under this chapter;
(d) State matching funds required under federal cleanup law;
(e) Financial assistance for local programs in accordance with chapters 70.95, 70.95C, 70.95I, and 70.105 RCW;
(f) State government programs for the safe reduction, recycling, or disposal of paint and hazardous wastes from households, small businesses, and agriculture;
(g) Oil and hazardous materials spill prevention, preparedness, training, and response activities;
(h) Water and environmental health protection and monitoring programs;
(i) Programs authorized under chapter 70.146 RCW;
(j) A public participation program;
(k) Public funding to assist potentially liable persons to pay for the costs of remedial action in compliance with clean-up standards under RCW 70.105D.030(2)(e) but only when the amount and terms of such funding are established under a settlement agreement under RCW 70.105D.040(4) and when the director has found that the funding will achieve both: (i) A substantially more expeditious or enhanced cleanup than would otherwise occur; and (ii) the prevention or mitigation of unfair economic hardship;
(l) Development and demonstration of alternative management technologies designed to carry out the hazardous waste management priorities of RCW 70.105.150;
(m) State agriculture and health programs for the safe use, reduction, recycling, or disposal of pesticides;
(n) Storm water pollution control projects and activities that protect or preserve existing remedial actions or prevent hazardous clean-up sites;
(o) Funding requirements to maintain receipt of federal funds under the federal solid waste disposal act (42 U.S.C. Sec. 6901 et seq.);
(p) Air quality programs and actions for reducing public exposure to toxic air pollution;
(q) Public funding to assist prospective purchasers to pay for the costs of remedial action in compliance with clean-up standards under RCW 70.105D.030(2)(e) if:
(i) The facility is located within a redevelopment opportunity zone designated under RCW 70.105D.150;
(ii) The amount and terms of the funding are established under a settlement agreement under RCW 70.105D.040(5); and
(iii) The director has found the funding meets any additional criteria established in rule by the department, will achieve a substantially more expeditious or enhanced cleanup than would otherwise occur, and will provide a public benefit in addition to cleanup commensurate with the scope of the public funding;
(r) Petroleum-based plastic or expanded polystyrene foam debris cleanup activities in fresh or marine waters;
(s) Appropriations to the local toxics control account or the environmental legacy stewardship account created in RCW 70.105D.170, if the legislature determines that priorities for spending exceed available funds in those accounts;
(t) During the
2013-2015 and 2015-2017 fiscal ((biennium)) biennia, the
department of ecology's water quality, shorelands, environmental assessment,
administration, and air quality programs;
(u) During the
2013-2015 fiscal biennium, actions at the state conservation commission to
improve water quality for shellfish; ((and))
(v) During the 2013-2015 fiscal biennium, actions at the University of Washington for reducing ocean acidification;
(w) For the
2013-2015 fiscal biennium, moneys in the state toxics control account may be
spent on projects in section ((3159)) 3160, chapter 19, Laws of
2013 2nd sp. sess. and for transfer to the local toxics control account; and
(x) For the 2013-2015 fiscal biennium, moneys in the state toxics control account may be transferred to the radioactive mixed waste account.
(4)(a) The department shall use moneys deposited in the local toxics control account for grants or loans to local governments for the following purposes in descending order of priority:
(i) Extended grant
agreements entered into under (((c)[(e)])) (e)(i) of this
subsection;
(ii) Remedial
actions, including planning for adaptive reuse of properties as provided for
under (((c)[(e)])) (e)(iv) of this subsection. The department
must prioritize funding of remedial actions at:
(A) Facilities on the department's hazardous sites list with a high hazard ranking for which there is an approved remedial action work plan or an equivalent document under federal cleanup law;
(B) Brownfield properties within a redevelopment opportunity zone if the local government is a prospective purchaser of the property and there is a department-approved remedial action work plan or equivalent document under the federal cleanup law;
(iii) Storm water pollution source projects that: (A) Work in conjunction with a remedial action; (B) protect completed remedial actions against recontamination; or (C) prevent hazardous clean-up sites;
(iv) Hazardous waste plans and programs under chapter 70.105 RCW;
(v) Solid waste plans and programs under chapters 70.95, 70.95C, 70.95I, and 70.105 RCW;
(vi) Petroleum-based plastic or expanded polystyrene foam debris cleanup activities in fresh or marine waters; and
(vii) Appropriations to the state toxics control account or the environmental legacy stewardship account created in RCW 70.105D.170, if the legislature determines that priorities for spending exceed available funds in those accounts.
(b) Funds for plans and programs must be allocated consistent with the priorities and matching requirements established in chapters 70.105, 70.95C, 70.95I, and 70.95 RCW.
(c) During the 2013-2015 fiscal biennium, the local toxics control account may also be used for local government storm water planning and implementation activities.
(d) During the 2013-2015 fiscal biennium, the legislature may transfer from the local toxics control account to the state general fund, such amounts as reflect the excess fund balance in the account.
(e) To expedite cleanups throughout the state, the department may use the following strategies when providing grants to local governments under this subsection:
(i) Enter into an extended grant agreement with a local government conducting remedial actions at a facility where those actions extend over multiple biennia and the total eligible cost of those actions exceeds twenty million dollars. The agreement is subject to the following limitations:
(A) The initial duration of such an agreement may not exceed ten years. The department may extend the duration of such an agreement upon finding substantial progress has been made on remedial actions at the facility;
(B) Extended grant agreements may not exceed fifty percent of the total eligible remedial action costs at the facility; and
(C) The department may not allocate future funding to an extended grant agreement unless the local government has demonstrated to the department that funds awarded under the agreement during the previous biennium have been substantially expended or contracts have been entered into to substantially expend the funds;
(ii) Enter into a grant agreement with a local government conducting a remedial action that provides for periodic reimbursement of remedial action costs as they are incurred as established in the agreement;
(iii) Enter into a grant agreement with a local government prior to it acquiring a property or obtaining necessary access to conduct remedial actions, provided the agreement is conditioned upon the local government acquiring the property or obtaining the access in accordance with a schedule specified in the agreement;
(iv) Provide integrated planning grants to local governments to fund studies necessary to facilitate remedial actions at brownfield properties and adaptive reuse of properties following remediation. Eligible activities include, but are not limited to: Environmental site assessments; remedial investigations; health assessments; feasibility studies; site planning; community involvement; land use and regulatory analyses; building and infrastructure assessments; economic and fiscal analyses; and any environmental analyses under chapter 43.21C RCW;
(v) Provide grants to local governments for remedial actions related to area-wide groundwater contamination. To receive the funding, the local government does not need to be a potentially liable person or be required to seek reimbursement of grant funds from a potentially liable person;
(vi) The director may alter grant matching requirements to create incentives for local governments to expedite cleanups when one of the following conditions exists:
(A) Funding would prevent or mitigate unfair economic hardship imposed by the clean‑up liability;
(B) Funding would create new substantial economic development, public recreational opportunities, or habitat restoration opportunities that would not otherwise occur; or
(C) Funding would create an opportunity for acquisition and redevelopment of brownfield property under RCW 70.105D.040(5) that would not otherwise occur;
(vii) When pending
grant applications under (((c)[(e)])) (e)(iv) and (v) of this
subsection (4) exceed the amount of funds available, designated redevelopment
opportunity zones must receive priority for distribution of available funds.
(((d) [(f)]))
(f) To expedite multiparty clean-up efforts, the department may purchase
remedial action cost-cap insurance. For the 2013-2015 fiscal biennium, moneys
in the local toxics control account may be spent on projects in sections 3024,
3035, 3036, and 3059, chapter 19, Laws of 2013 2nd sp. sess.
(5) Except for unanticipated receipts under RCW 43.79.260 through 43.79.282, moneys in the state and local toxics control accounts may be spent only after appropriation by statute.
(6) No moneys deposited into either the state or local toxics control account may be used for: Natural disasters where there is no hazardous substance contamination; high performance buildings; solid waste incinerator facility feasibility studies, construction, maintenance, or operation; or after January 1, 2010, for projects designed to address the restoration of Puget Sound, funded in a competitive grant process, that are in conflict with the action agenda developed by the Puget Sound partnership under RCW 90.71.310. However, this subsection does not prevent an appropriation from the state toxics control account to the department of revenue to enforce compliance with the hazardous substance tax imposed in chapter 82.21 RCW.
(7) Except during the 2011-2013 fiscal biennium, one percent of the moneys collected under RCW 82.21.030 shall be allocated only for public participation grants to persons who may be adversely affected by a release or threatened release of a hazardous substance and to not-for-profit public interest organizations. The primary purpose of these grants is to facilitate the participation by persons and organizations in the investigation and remedying of releases or threatened releases of hazardous substances and to implement the state's solid and hazardous waste management priorities. No grant may exceed sixty thousand dollars. Grants may be renewed annually. Moneys appropriated for public participation that are not expended at the close of any biennium revert to the state toxics control account.
(8) The department shall adopt rules for grant or loan issuance and performance. To accelerate both remedial action and economic recovery, the department may expedite the adoption of rules necessary to implement chapter 1, Laws of 2013 2nd sp. sess. using the expedited procedures in RCW 34.05.353. The department shall initiate the award of financial assistance by August 1, 2013. To ensure the adoption of rules will not delay financial assistance, the department may administer the award of financial assistance through interpretive guidance pending the adoption of rules through July 1, 2014.
(9) Except as provided under subsection (3)(k) and (q) of this section, nothing in chapter 1, Laws of 2013 2nd sp. sess. effects [affects] the ability of a potentially liable person to receive public funding.
(10) During the ((2013-2015))
2015-2017 fiscal biennium the local toxics control account may also be
used for the centennial clean water program ((and for storm water grants))
and for the storm water financial assistance program administered by the
department of ecology.
NEW SECTION. Sec. 7035. (1) Funds appropriated in this act for minor works may not be allotted until final project lists are submitted to the office of financial management. Revisions to the project lists are allowed for projects not anticipated at the time of budget development but must be submitted to the office of financial management, the house of representatives capital budget committee, and the senate ways and means committee for review and comment and must include an explanation of variances from the prior lists before funds may be expended on the revisions. Any project list revisions must be approved by the office of financial management before funds may be expended from the minor works appropriation.
(2)(a) Minor works project lists are single line appropriations that include multiple projects of a similar nature and that are valued between $25,000 and $1,000,000 each, with the exception of higher education minor works projects that may be valued up to $2,000,000. All projects must meet the criteria included in this subsection (2)(a). These projects should be completed within two years of the appropriation with the funding provided. Agencies are prohibited from including projects on their minor works lists that are a phase of a larger project, and that if combined over a continuous period of time, would exceed $1,000,000, or $2,000,000 for higher education minor works projects. Improvements for accessibility in compliance with the Americans with disabilities act may be included in any of the minor works categories.
(b) Minor works appropriations may not be used for the following: Studies, except for technical or engineering reviews or designs that lead directly to and support a project on the same minor works list; planning; design outside the scope of work on a minor works list; moveable, temporary, and traditionally funded operating equipment not in compliance with the equipment criteria established by the office of financial management; software not dedicated to control of a specialized system; moving expenses; land or facility acquisition; rolling stock; computers; or to supplement funding for projects with funding shortfalls unless expressly authorized. The office of financial management may make an exception to the limitations described in this subsection (2)(b) for exigent circumstances after notifying the legislative fiscal committees and waiting ten days for comments by the legislature regarding the proposed exception.
(c) Minor works preservation projects may include program improvements of no more than twenty-five percent of the individual minor works preservation project cost.
NEW SECTION. Sec. 7036. FOR THE STATE TREASURER—TRANSFERS
Public works assistance account—state: For transfer
to the water pollution control revolving account,
$6,000,000 for fiscal year 2016 and $6,000,000 for
fiscal year 2017........................................................................ $12,000,000
Public works assistance account—state: For transfer
to the drinking water assistance account, $4,400,000
for fiscal year 2016 and $4,400,000 for fiscal
year 2017................................................................................... $8,800,000
NEW SECTION. Sec. 7037. To the extent that any appropriation authorizes expenditures of state funds from the state building construction account, or from any other capital project account in the state treasury, for a capital project or program that is specified to be funded with proceeds from the sale of bonds, the legislature declares that any such expenditures for that project or program made prior to the issue date of the applicable bonds are intended to be reimbursed from proceeds of those bonds in a maximum amount equal to the amount of such appropriation.
NEW SECTION. Sec. 7038. The office of financial management, in accordance with RCW 28B.77.070 and 43.88D.010, shall include the following in the scoring process:
(1) The office of financial management shall develop a single prioritized list that includes all projects requesting funding, with the exception of minor works and predesign requests. Predesigns must be on a separate prioritized list.
(2) The office of financial management shall weight the reasonableness of cost criteria based on the following criteria in the following order: (a) Expected maximum allowable construction costs per square foot; and (b) life-cycle cost analysis using the office of financial management's life-cycle cost tool.
(3) Prior legislative commitment to the project funding of predesign or design must be included in the scoring criteria.
(4) Projects must be scored only once unless the office of financial management, or the requesting school, find that the project scope or budget has significantly changed.
Sec. 7039. RCW 43.131.413 and 2010 c 245 s 12 are each amended to read as follows:
The alternative
process for awarding contracts established in RCW 28B.20.744 terminates June
30, ((2015)) 2017, as provided in RCW 43.131.414.
Sec. 7040. RCW 43.131.414 and 2010 c 245 s 13 are each amended to read as follows:
RCW 28B.20.744, as
now existing or hereafter amended, is repealed, effective June 30, ((2016))
2018.
NEW SECTION. Sec. 7041. This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately."
Correct the title.
Beginning on page 1, line 3 of the amendment, strike all material through "immediately." on page 249, line 25, and insert the following:
"NEW SECTION. Sec. 7042. (1) A capital budget is hereby adopted and, subject to the provisions set forth in this act, the several dollar amounts hereinafter specified, or so much thereof as shall be sufficient to accomplish the purposes designated, are hereby appropriated and authorized to be incurred for capital projects during the period beginning with the effective date of this act and ending June 30, 2017, out of the several funds specified in this act.
(2) The definitions in this subsection apply throughout this act unless the context clearly requires otherwise.
(a) "Fiscal year 2016" or "FY 2016" means the period beginning July 1, 2015, and ending June 30, 2016.
(b) "Fiscal year 2017" or "FY 2017" means the period beginning July 1, 2016, and ending June 30, 2017.
(c) "Lapse" or "revert" means the amount shall return to an unappropriated status.
(d) "Provided solely" means the specified amount may be spent only for the specified purpose.
(3) Unless otherwise specifically authorized in this act, any portion of an amount provided solely for a specified purpose that is not expended subject to the specified conditions and limitations to fulfill the specified purpose shall lapse.
(4) The amounts shown under the headings "Prior Biennia," "Future Biennia," and "Total" in this act are for informational purposes only and do not constitute legislative approval of these amounts. "Prior biennia" typically refers to the immediate prior biennium for reappropriations, but may refer to multiple biennia in the case of specific projects. A "future biennia" amount is an estimate of what may be appropriated for the project or program in the 2017-2019 biennium and the following three biennia; an amount of zero does not necessarily constitute legislative intent to not provide funding for the project or program in the future.
(5) "Reappropriations" in this act are appropriations and, unless the context clearly provides otherwise, are subject to the relevant conditions and limitations applicable to appropriations. Reappropriations shall be limited to the unexpended balances remaining on June 30, 2015, from the 2013-2015 biennial appropriations for each project.
PART 1
GENERAL GOVERNMENT
NEW SECTION. Sec. 1001. FOR THE SECRETARY OF STATE
Library - Archives Building (30000033)
The appropriation in this section is subject to the following conditions and limitations:
(1) The appropriation is provided solely for a predesign to determine: (a) Necessary program space for the state library currently located in Tumwater, and additional archive space; and (b) capital budget requirements, including the use of fees collected by the secretary of state that will support a certificate of participation for the financing of the construction of the facility, and future operating costs.
(2) The study must consider the use of the general administration building site as a possible location; and any benefits or consequences may be identified at this site or other sites considered.
(3) The office of financial management shall determine the maximum use of the site and consider the consolidation of other state agencies, including separately elected officials.
(4) The building must be a high performance building as described in section 7008 of this act and the construction must be procured using a performance based method including design-build or design-build-operate-maintain.
Appropriation:
State Building Construction Account—State....................... $250,000
Prior Biennia (Expenditures)........................................................... $0
Future Biennia (Projected Costs)..................................... $55,428,000
TOTAL.................................................... $55,678,000
NEW SECTION. Sec. 1002. FOR THE SECRETARY OF STATE
Minor Works (91000007)
Appropriation:
State Building Construction Account—State.................... $1,007,000
Prior Biennia (Expenditures)........................................................... $0
Future Biennia (Projected Costs)..................................................... $0
TOTAL...................................................... $1,007,000
NEW SECTION. Sec. 1003. FOR THE DEPARTMENT OF COMMERCE
Local and Community Projects (20064008)
The reappropriation in this section is subject to the following conditions and limitations: The reappropriation is subject to the provisions in section 131, chapter 488, Laws of 2005.
Reappropriation:
State Building Construction Account—State....................... $434,000
Prior Biennia (Expenditures)........................................... $45,458,000
Future Biennia (Projected Costs)..................................................... $0
TOTAL.................................................... $45,892,000
NEW SECTION. Sec. 1004. FOR THE DEPARTMENT OF COMMERCE
Rural Washington Loan Fund (20064010)
Reappropriation:
Rural Washington Loan Account—State.......................... $2,383,000
Prior Biennia (Expenditures)............................................. $1,744,000
Future Biennia (Projected Costs)..................................................... $0
TOTAL...................................................... $4,127,000
NEW SECTION. Sec. 1005. FOR THE DEPARTMENT OF COMMERCE
Rural Washington Loan Fund (20074008)
Reappropriation:
Rural Washington Loan Account—State.......................... $1,822,000
Prior Biennia (Expenditures)................................................ $205,000
Future Biennia (Projected Costs)..................................................... $0
TOTAL...................................................... $2,027,000
NEW SECTION. Sec. 1006. FOR THE DEPARTMENT OF COMMERCE
Housing Assistance, Weatherization, and Affordable Housing (20074009)
Reappropriation:
State Taxable Building Construction Account—
State........................................................................... $1,405,000
Washington Housing Trust Account—State.......................... $86,000
Subtotal Reappropriation........................... $1,491,000
Prior Biennia (Expenditures)......................................... $198,509,000
Future Biennia (Projected Costs)..................................................... $0
TOTAL.................................................. $200,000,000
NEW SECTION. Sec. 1007. FOR THE DEPARTMENT OF COMMERCE
Job Development Fund Grants (20074010)
The reappropriation in this section is subject to the following conditions and limitations: The reappropriation is subject to the provisions of section 1032, chapter 520, Laws of 2007 and section 1005, chapter 36, Laws of 2010 1st sp. sess.
Reappropriation:
State Building Construction Account—State.................... $3,987,000
Prior Biennia (Expenditures)........................................... $44,943,000
Future Biennia (Projected Costs)..................................................... $0
TOTAL.................................................... $48,930,000
NEW SECTION. Sec. 1008. FOR THE DEPARTMENT OF COMMERCE
Local and Community Projects (20084001)
The reappropriation in this section is subject to the following conditions and limitations: Except as directed otherwise prior to the effective date of this section, the department shall not expend the reappropriation in this section unless and until the nonstate share of project costs have been either expended, or firmly committed, or both, in an amount sufficient to complete the project or a distinct phase of the project that is useable to the public for the purpose intended by the legislature. This requirement does not apply to projects where a share of the reappropriation is released for design costs only.
Reappropriation:
State Building Construction Account—State....................... $113,000
Prior Biennia (Expenditures)......................................... $127,577,000
Future Biennia (Projected Costs)..................................................... $0
TOTAL.................................................. $127,690,000
NEW SECTION. Sec. 1009. FOR THE DEPARTMENT OF COMMERCE
Community Development Fund (20084850)
Reappropriation:
State Building Construction Account—State.................... $1,213,000
Prior Biennia (Expenditures)........................................... $19,703,000
Future Biennia (Projected Costs)..................................................... $0
TOTAL.................................................... $20,916,000
NEW SECTION. Sec. 1010. FOR THE DEPARTMENT OF COMMERCE
Building for the Arts (30000006)
Reappropriation:
State Building Construction Account—State.................... $1,594,000
Prior Biennia (Expenditures)............................................. $8,481,000
Future Biennia (Projected Costs)..................................................... $0
TOTAL.................................................... $10,075,000
NEW SECTION. Sec. 1011. FOR THE DEPARTMENT OF COMMERCE
Housing Assistance, Weatherization, and Affordable Housing (30000013)
Reappropriation:
Washington Housing Trust Account—State........................ $276,000
Prior Biennia (Expenditures)......................................... $129,724,000
Future Biennia (Projected Costs)..................................................... $0
TOTAL.................................................. $130,000,000
NEW SECTION. Sec. 1012. FOR THE DEPARTMENT OF COMMERCE
2010 Local and Community Projects (30000082)
The reappropriation in this section is subject to the following conditions and limitations: The projects must comply with RCW 43.63A.125 and other requirements for community projects administered by the department.
Reappropriation:
State Building Construction Account—State.................... $1,991,000
Prior Biennia (Expenditures)........................................... $11,431,000
Future Biennia (Projected Costs)..................................................... $0
TOTAL.................................................... $13,422,000
NEW SECTION. Sec. 1013. FOR THE DEPARTMENT OF COMMERCE
Drinking Water State Revolving Fund Loan Program (30000095)
Reappropriation:
Drinking Water Assistance Account—State..................... $6,451,000
Drinking Water Assistance Repayment Account—State $90,368,000
Subtotal Reappropriation......................... $96,819,000
Prior Biennia (Expenditures)........................................... $10,863,000
Future Biennia (Projected Costs)..................................................... $0
TOTAL.................................................. $107,682,000
NEW SECTION. Sec. 1014. FOR THE DEPARTMENT OF COMMERCE
Community Economic Revitalization Board (30000097)
Reappropriation:
Public Facility Construction Loan Revolving Account—
State........................................................................... $2,104,000
Prior Biennia (Expenditures)............................................. $2,896,000
Future Biennia (Projected Costs)..................................................... $0
TOTAL...................................................... $5,000,000
NEW SECTION. Sec. 1015. FOR THE DEPARTMENT OF COMMERCE
Housing Assistance, Weatherization, Affordable Housing Trust Fund (30000098)
The reappropriation in this section is subject to the following conditions and limitations: The reappropriation is subject to the provisions of section 1026, chapter 49, Laws of 2011 1st sp. sess.
Reappropriation:
State Taxable Building Construction Account—State...... $5,506,000
Prior Biennia (Expenditures)........................................... $44,494,000
Future Biennia (Projected Costs)..................................................... $0
TOTAL.................................................... $50,000,000
NEW SECTION. Sec. 1016. FOR THE DEPARTMENT OF COMMERCE
Public Works Assistance Account Program (30000103)
The reappropriation in this section is subject to the following conditions and limitations: The reappropriation is subject to the provisions of section 1021, chapter 48, Laws of 2011 1st sp. sess.
Reappropriation:
Public Works Assistance Account—State....................... $90,734,000
Prior Biennia (Expenditures)......................................... $233,851,000
Future Biennia (Projected Costs)..................................................... $0
TOTAL.................................................. $324,585,000
NEW SECTION. Sec. 1017. FOR THE DEPARTMENT OF COMMERCE
Building Communities Fund Grants (30000102)
The reappropriation in this section is subject to the following conditions and limitations:
(1) The reappropriation is subject to the provisions of section 1027, chapter 49, Laws of 2011, 1st sp. sess.
(2) The reappropriation is provided solely for the University District food bank project.
Reappropriation:
State Building Construction Account—State....................... $573,000
Prior Biennia (Expenditures)........................................... $12,830,000
Future Biennia (Projected Costs)..................................................... $0
TOTAL.................................................... $13,403,000
NEW SECTION. Sec. 1018. FOR THE DEPARTMENT OF COMMERCE
Local and Community Projects (30000166)
The reappropriation in this section is subject to the following conditions and limitations: The reappropriation is subject to the provisions of section 1002, chapter 2, Laws of 2012 2nd sp. sess.
Reappropriation:
State Building Construction Account—State.................... $1,887,000
Prior Biennia (Expenditures)........................................... $14,930,000
Future Biennia (Projected Costs)..................................................... $0
TOTAL.................................................... $16,817,000
NEW SECTION. Sec. 1019. FOR THE DEPARTMENT OF COMMERCE
Weatherization (91000247)
The reappropriation in this section is subject to the following conditions and limitations: The reappropriation is subject to the provisions of section 1015, chapter 2, Laws of 2012 2nd sp. sess.
Reappropriation:
State Taxable Building Construction Account—State...... $5,313,000
Prior Biennia (Expenditures)........................................... $19,687,000
Future Biennia (Projected Costs)..................................................... $0
TOTAL.................................................... $25,000,000
NEW SECTION. Sec. 1020. FOR THE DEPARTMENT OF COMMERCE
Clean Energy Partnership (30000175)
The reappropriation in this section is subject to the following conditions and limitations:
(1) The reappropriation is provided solely for implementation of the recommendations of the clean energy leadership council by providing state matching funds for projects that:
(a) Integrate energy efficiency and renewable energy in buildings;
(b) Integrate renewable energy into the regional electrical grid;
(c) Advance bioenergy in the state.
(2) State funding must not exceed fifty percent of the total program or project funds.
(3) Eligible projects must:
(a) Involve a majority of companies that are located in Washington state;
(b) Represent a substantially new solution that is not widely available today; and
(c) Be designed to generate solutions that are applicable both inside and outside of the state.
Reappropriation:
Public Facility Construction Loan Revolving Account—
State........................................................................... $4,828,000
Prior Biennia (Expenditures)................................................ $672,000
Future Biennia (Projected Costs)..................................................... $0
TOTAL...................................................... $5,500,000
NEW SECTION. Sec. 1021. FOR THE DEPARTMENT OF COMMERCE
Financing Energy/Water Efficiency (30000180)
Reappropriation:
Public Works Assistance Account—State......................... $4,886,000
Prior Biennia (Expenditures)................................................ $114,000
Future Biennia (Projected Costs)..................................................... $0
TOTAL...................................................... $5,000,000
NEW SECTION. Sec. 1022. FOR THE DEPARTMENT OF COMMERCE
Public Works Assistance Account Program 2013 Loan List (30000184)
The reappropriation in this section is subject to the following conditions and limitations: The reappropriation is subject to the provisions of section 1016, chapter 2, Laws of 2012 2nd sp. sess.
Reappropriation:
Public Works Assistance Account—State....................... $82,786,000
Prior Biennia (Expenditures)........................................................... $0
Future Biennia (Projected Costs)..................................................... $0
TOTAL.................................................... $82,786,000
NEW SECTION. Sec. 1023. FOR THE DEPARTMENT OF COMMERCE
Youth Recreational Facilities Grants (30000185)
The reappropriation in this section is subject to the following conditions and limitations: The reappropriation is subject to the provisions of section 1062, chapter 19, Laws of 2013 2nd sp. sess.
Reappropriation:
State Building Construction Account—State.................... $2,568,000
Prior Biennia (Expenditures)............................................. $1,563,000
Future Biennia (Projected Costs)..................................................... $0
TOTAL...................................................... $4,131,000
NEW SECTION. Sec. 1024. FOR THE DEPARTMENT OF COMMERCE
Building for the Arts Grants (30000186)
The reappropriation in this section is subject to the following conditions and limitations: The reappropriation is subject to the provisions of section 1063, chapter 19, Laws of 2013 2nd sp. sess.
Reappropriation:
State Building Construction Account—State.................... $3,301,000
Prior Biennia (Expenditures)............................................. $6,903,000
Future Biennia (Projected Costs)..................................................... $0
TOTAL.................................................... $10,204,000
NEW SECTION. Sec. 1025. FOR THE DEPARTMENT OF COMMERCE
Building Communities Fund Grants (30000188)
The reappropriation in this section is subject to the following conditions and limitations: The reappropriation is subject to the provisions of section 1072, chapter 19, Laws of 2013 2nd sp. sess.
Reappropriation:
State Building Construction Account—State.................... $2,692,000
Prior Biennia (Expenditures)............................................. $2,587,000
Future Biennia (Projected Costs)..................................................... $0
TOTAL...................................................... $5,279,000
NEW SECTION. Sec. 1026. FOR THE DEPARTMENT OF COMMERCE
Drinking Water State Revolving Fund Loan Program (30000189)
The reappropriations in this section are subject to the following conditions and limitations: For projects involving repair, replacement, or improvement of a clean water infrastructure facility or other public works facility for which an investment grade efficiency audit is obtainable, the public works board must require as a contract condition that the project sponsor undertake an investment grade efficiency audit. The project sponsor may finance the costs of the audit as part of its drinking water state revolving fund program loan.
Reappropriation:
Drinking Water Assistance Account—State..................... $4,400,000
Drinking Water Assistance Repayment Account—
State....................................................................... $200,000,000
Subtotal Reappropriation....................... $204,400,000
Prior Biennia (Expenditures)............................................. $8,800,000
Future Biennia (Projected Costs)..................................................... $0
TOTAL.................................................. $213,200,000
NEW SECTION. Sec. 1027. FOR THE DEPARTMENT OF COMMERCE
Community Economic Revitalization Board (30000190)
The reappropriation in this section is subject to the following conditions and limitations: The reappropriation is subject to the provisions of section 1070, chapter 19, Laws of 2013 2nd sp. sess.
Reappropriation:
Public Facility Construction Loan Revolving Account—
State........................................................................... $5,052,000
Prior Biennia (Expenditures)............................................. $3,948,000
Future Biennia (Projected Costs)..................................................... $0
TOTAL...................................................... $9,000,000
NEW SECTION. Sec. 1028. FOR THE DEPARTMENT OF COMMERCE
Weatherization (30000192)
The reappropriation in this section is subject to the following conditions and limitations: The reappropriation is subject to the provisions of section 1076, chapter 19, Laws of 2013 2nd sp. sess.
Reappropriation:
State Building Construction Account—State.................... $4,291,000
Prior Biennia (Expenditures)........................................... $15,709,000
Future Biennia (Projected Costs)..................................................... $0
TOTAL.................................................... $20,000,000
NEW SECTION. Sec. 1029. FOR THE DEPARTMENT OF COMMERCE
2013-2015 Energy Efficiency Grants (30000193)
The reappropriation in this section is subject to the following conditions and limitations: The reappropriation is subject to the provisions of section 1075, chapter 19, Laws of 2013 2nd sp. sess.
Reappropriation:
State Building Construction Account—State.................. $21,714,000
Prior Biennia (Expenditures)............................................. $3,286,000
Future Biennia (Projected Costs)..................................................... $0
TOTAL.................................................... $25,000,000
NEW SECTION. Sec. 1030. FOR THE DEPARTMENT OF COMMERCE
Renton Aerospace Training Center Construction (30000724)
The reappropriation in this section is subject to the following conditions and limitations: The reappropriation is subject to the provisions of section 3, chapter 1, Laws of 2013 3rd sp. sess.
Reappropriation:
State Building Construction Account—State.................. $10,000,000
Prior Biennia (Expenditures)........................................................... $0
Future Biennia (Projected Costs)..................................................... $0
TOTAL.................................................... $10,000,000
NEW SECTION. Sec. 1031. FOR THE DEPARTMENT OF COMMERCE
ARRA SEP Revolving Loans (30000725)
Appropriation:
Energy Recovery Act Account—State.............................. $2,500,000
Prior Biennia (Expenditures)........................................................... $0
Future Biennia (Projected Costs)..................................... $10,000,000
TOTAL.................................................... $12,500,000
NEW SECTION. Sec. 1032. FOR THE DEPARTMENT OF COMMERCE
Behavioral Health: Evaluation and Treatment Centers Grant Program (91000644)
The appropriation in this section is subject to the following conditions and limitations:
(1) The appropriation in this section is provided solely for the department of commerce, in collaboration with the department of social and health services, to issue at least three grants, one of which will be to the Woodmont recovery center, to hospitals or other entities to establish new community hospital inpatient psychiatric beds, free-standing evaluation and treatment facilities, enhanced services facilities, triage facilities, or crisis stabilization facilities with sixteen or fewer beds for the purpose of providing short-term detention services through the publicly funded mental health system. Funds may be used for construction and equipment costs associated with establishment of the community hospital inpatient psychiatric beds, free-standing evaluation and treatment facilities, enhanced services facilities, triage facilities, or crisis stabilization facilities. These funds may not be used for operating costs associated with the treatment of patients using these services. The department shall establish criteria for the issuance of grants and priority must be given to those proposals to establish new community hospital inpatient psychiatric beds or free-standing evaluation and treatment facilities. The criteria must include:
(a) Evidence that the application was developed in collaboration with one or more regional support networks, as defined in RCW 71.24.025;
(b) Evidence that the applicant has assessed and would meet gaps in geographical access to short-term detention services under chapter 71.05 RCW in their region;
(c) A commitment by applicants to serve persons who are publicly funded and persons detained under the involuntary treatment act at chapter 71.05 RCW;
(d) A commitment by the applicant to maintain the beds or facility for at least a ten-year period;
(e) The date upon which structural modifications or construction would begin and the anticipated date of completion of the project;
(f) A detailed estimate of the costs associated with opening the beds; and
(g) The applicant's commitment to work with local courts and prosecutors to ensure that prosecutors and courts in the area served by the hospital or facility will be available to conduct involuntary commitment hearings and proceedings under chapter 71.05 RCW.
(2) To accommodate the emergent need for inpatient psychiatric services, the department of health and the department of commerce, in collaboration with the department of social and health services shall establish a concurrent and expedited process for the purpose of grant applicants meeting any applicable regulatory requirements necessary to operate inpatient psychiatric beds, free-standing evaluation and treatment facilities, enhanced services facilities, triage facilities, or crisis stabilization facilities.
(3) $3,000,000 is provided for the Swedish Ballard psychiatric unit.
Appropriation:
State Building Construction Account—State.................... $9,000,000
Prior Biennia (Expenditures)........................................................... $0
Future Biennia (Projected Costs)..................................................... $0
TOTAL...................................................... $9,000,000
NEW SECTION. Sec. 1033. FOR THE DEPARTMENT OF COMMERCE
Clean Energy and Energy Freedom Program (30000726)
The appropriations in this section are subject to the following conditions and limitations:
(1) The appropriations are provided solely for projects that provide a benefit to the public through development, demonstration, and deployment of clean energy technologies that save energy and reduce energy costs, reduce harmful air emissions or otherwise increase energy independence for the state. All expenditures must be used for projects that develop and acquire assets that have a useful life of at least thirteen years. These requirements must be specified in funding agreements issued by the department.
(2)(a) $10,000,000 of the state taxable building construction account is provided solely to create a revolving loan fund to support the widespread use of proven energy efficiency and renewable energy technologies now inhibited by lack of access to capital.
(b) The department shall provide grant funds to one or more competitively selected nonprofit lenders that will provide matching private capital and will administer the loan fund. The department must select the loan fund administrator or administrators through a competitive process, with scoring conducted by a group of qualified experts, applying criteria specified by the department.
(c) The department must establish guidelines that specify applicant eligibility, the screening process, and evaluation and selection criteria. The guidelines must be used by the nonprofit lenders.
(d) Loan applications must disclose all sources of public funds invested in the project. The nonprofit lender must make loans available to the following types of projects that include, but are not limited to: Residential, commercial, industrial, and agricultural energy retrofits, residential and community-scale solar installations, anaerobic digesters to treat dairy and organic waste, and combined heat and power projects using woody biomass as a fuel source.
(e) State funds may not exceed fifty percent of the estimated cost of a project, and funding preference must be provided to projects that offer a higher percentage of nonstate match funds.
(f) The department must conduct due diligence activities associated with the use of public funds, including oversight of the project selection process and project monitoring.
(3) $6,600,000 of the state taxable building construction account is provided solely for credit enhancements of advanced solar and renewable energy manufacturing within Washington state. The department shall develop an application process to competitively select projects.
(4)(a) $13,000,000 of the state building construction account is provided solely for grants to advance clean and renewable energy technologies and advance transmission and distribution control system improvements for increased reliability, resiliency, and enabling integration of distributed and renewable resources and technology by public and private electrical utilities that serve retail customers in the state. Eligible utilities may partner with other public and private sector research organizations and businesses in applying for funding.
(b) The department shall develop a grant application process to competitively select projects for grant awards, to include scoring conducted by a group of qualified experts with application of criteria specified by the department. In development of the application criteria, the department shall, to the extent possible, allow smaller utilities or consortia of small utilities to apply for funding.
(c) The department shall convene an advisory panel of electric utility representatives to identify program objectives, near term priorities and long term goals.
(d) Applications for grants must disclose all sources of public funds invested in a project.
(e) Grant funds must be used for research, development, or demonstration projects that integrate intermittent renewables through energy storage, information technology or other smart grid technologies, dispatch energy storage resources from utility control rooms, use demand response, transactive control, or the thermal properties and electric load of commercial buildings and district energy systems to store energy, reduce transmission congestion or otherwise improve system reliability and resiliency and enable integration of distributed and renewable energy sources.
(5)(a) $10,000,000 of the state building construction account is provided solely for grants to match federal funds or other nonstate funding sources used to research, develop, and demonstrate clean energy technologies.
(b) The department shall consult with the University of Washington, Washington State University, the Pacific Northwest national laboratory and other clean energy organizations to design the program. The program shall offer matching funds for clean energy projects including, but not limited to: Advancing energy storage and solar technologies, advancing bioenergy, developing new lightweight materials, and advancing renewable energy and energy efficiency technologies.
(6) $400,000 of the state building construction account—state is provided solely for capital funding of wood energy conversion projects at public facilities.
(7) The department must report on number and results of projects that receive grants or loans through the clean energy fund, including the number of job hours created and the number of jobs maintained and created, to the governor and the legislature, by November 1, 2016.
Appropriation:
State Taxable Building Construction Account—State.... $17,000,000
State Building Construction Account—State.................. $23,400,000
Subtotal Appropriation............................ $40,400,000
Prior Biennia (Expenditures)........................................................... $0
Future Biennia (Projected Costs)................................... $240,000,000
TOTAL.................................................. $280,400,000
NEW SECTION. Sec. 1034. FOR THE DEPARTMENT OF COMMERCE
Substance Abuse and Mental Health Facilities (91000646)
Appropriation:
State Building Construction Account—State.................... $2,000,000
Prior Biennia (Expenditures)........................................................... $0
Future Biennia (Projected Costs)..................................................... $0
TOTAL...................................................... $2,000,000
NEW SECTION. Sec. 1035. FOR THE DEPARTMENT OF COMMERCE
Public Works Assistance Account Program 2016 Loan List (30000727)
The appropriation in this section is subject to the following conditions and limitations: $69,733,000 is provided solely for the ranked list of projects in LEAP capital document number 2015-1, developed March 27, 2015.
Appropriation:
Public Works Assistance Account—State....................... $69,733,000
Prior Biennia (Expenditures)........................................................... $0
Future Biennia (Projected Costs)................................... $280,000,000
TOTAL.................................................. $349,733,000
NEW SECTION. Sec. 1036. FOR THE DEPARTMENT OF COMMERCE
Building for the Arts Program (30000731)
The appropriation in this section is subject to the following conditions and limitations:
(1) The appropriation is subject to the provisions of RCW 43.63A.750.
(2) Except as directed otherwise prior to the effective date of this section, the department may not expend the appropriation in this section unless and until the nonstate share of project costs have been either expended, or firmly committed, or both, in an amount sufficient to complete the project or a distinct phase of the project that is useable to the public for the purpose intended by the legislature. This requirement does not apply to projects where a share of the appropriation is released for design costs only.
(3) The appropriation is provided solely for the following list of projects:
Spokane children's theatre.............................................................. $18,000
KEXP's new home at Seattle center.......................................... $1,866,000
Admiral theatre renovation 2.0..................................................... $100,000
Kirkland arts center - capital improvements project...................... $48,000
Uniontown creativity center addition and site
improvements....................................................................... $123,000
San Juan islands museum of art.................................................... $650,000
KidsQuest children's museum - good to grow capital
campaign............................................................................ $2,000,000
Cornish playhouse........................................................................ $232,000
ACT theatre eagles auditorium restoration and renovation.......... $303,000
Music works northwest park 118 building renovation................... $64,000
New hands on children's museum................................................ $393,000
TOTAL...................................................................................... $5,797,000
Appropriation:
State Building Construction Account—State.................... $5,797,000
Prior Biennia (Expenditures)........................................................... $0
Future Biennia (Projected Costs)..................................... $21,600,000
TOTAL.................................................... $27,397,000
NEW SECTION. Sec. 1037. FOR THE DEPARTMENT OF COMMERCE
Youth Recreational Facilities Program (30000792)
The appropriation in this section is subject to the following conditions and limitations:
(1) The appropriation is subject to the provisions of RCW 43.63A.135.
(2) Except as directed otherwise prior to the effective date of this section, the department may not expend the appropriation in this section unless and until the nonstate share of project costs have been either expended, or firmly committed, or both, in an amount sufficient to complete the project or a distinct phase of the project that is useable to the public for the purpose intended by the legislature. This requirement does not apply to projects where a share of the appropriation is released for design costs only.
(3) The appropriation is provided solely for the following list of projects:
Youth activity wing at the Tom Taylor family YMCA................ $515,000
BGCB main club project........................................................... $1,200,000
BGCB hidden valley fieldhouse project.................................... $1,200,000
Sultan boys & girls club............................................................... $340,000
Stanwood-Camano family YMCA............................................ $1,200,000
YMCA camp Terry environmental recreation center................... $500,000
Mukilteo boys & girls club........................................................ $1,200,000
Lummi youth wellness center renovation project..................... $1,200,000
TOTAL...................................................................................... $7,355,000
Appropriation:
State Building Construction Account—State.................... $7,355,000
Prior Biennia (Expenditures)........................................................... $0
Future Biennia (Projected Costs)..................................... $32,000,000
TOTAL.................................................... $39,355,000
NEW SECTION. Sec. 1038. FOR THE DEPARTMENT OF COMMERCE
Building Communities Fund Program (30000803)
The appropriation in this section is subject to the following conditions and limitations:
(1) The appropriation is subject to the provisions of RCW 43.63A.125.
(2) Except as directed otherwise prior to the effective date of this section, the department may not expend the appropriation in this section unless and until the nonstate share of project costs have been either expended, or firmly committed, or both, in an amount sufficient to complete the project or a distinct phase of the project that is useable to the public for the purpose intended by the legislature. This requirement does not apply to projects where a share of the appropriation is released for design costs only.
(3) The appropriation is provided solely for the following list of projects:
Rainier Beach urban farm and wetlands....................................... $307,000
Whatcom county emergency food hub......................................... $575,000
Hopelink Redmond integrated services center.......................... $2,400,000
Riverside drive building purchase................................................ $138,000
Centerforce..................................................................................... $98,000
Eritrean association community kitchen........................................ $58,000
Tonasket food bank building acquisition....................................... $22,000
Building for the future.................................................................. $300,000
Entiat Valley community services resource center...................... $100,000
Pike market neighborhood center................................................. $500,000
Opportunity council renovation project........................................ $170,000
FareStart facility expansion to the Pacific tower.......................... $438,000
Walla Walla community teen center............................................ $475,000
El Centro de la Raza community access & parking
improvements....................................................................... $600,000
Good ground capital campaign..................................................... $300,000
Renewed hope capital campaign.................................................... $66,000
International community health services (ICHS)...................... $3,500,000
Casa latina: A home for opportunity............................................ $150,000
Centerstone building renovation................................................ $1,500,000
PSRS office building conversion.................................................. $212,000
Prairie oaks................................................................................... $200,000
Leschi center renovation............................................................ $1,000,000
Everett family YMCA............................................................... $2,000,000
Behavioral healthcare center for children, youth and
families.............................................................................. $2,000,000
Phoenix rising............................................................................... $250,000
Gordon family YMCA (Sumner, WA)...................................... $2,000,000
Community grief support and recovery center.......................... $1,000,000
Auburn youth resources campus expansion................................. $500,000
TOTAL.................................................................................... $20,859,000
Appropriation:
State Building Construction Account—State.................. $20,859,000
Prior Biennia (Expenditures)........................................................... $0
Future Biennia (Projected Costs)................................... $120,000,000
TOTAL.................................................. $140,859,000
NEW SECTION. Sec. 1039. FOR THE DEPARTMENT OF COMMERCE
Housing Trust Fund Appropriation (30000833)
The appropriation in this section is subject to the following conditions and limitations:
(1) The appropriation in this section is provided solely for the department to award loans and grants on a competitive basis to affordable housing projects statewide that will produce, at a minimum, a total of 1,900 homes and 500 seasonal beds, in the following categories and amounts:
(a) For people with chronic mental illness, 281 homes;
(b) For homeless families with children, 529 homes;
(c) For people with disabilities, developmental disabilities, veterans, and others, 500 homes; of that number, a minimum of 100 must be for veterans;
(d) For homeless youth, 200 homes;
(e) For farmworkers, 190 homes and 500 seasonal beds;
(f) For seniors, 200 homes.
(2) If upon review of completed applications, the department determines there are not adequate suitable projects in a category, the department may allocate funds to projects serving other low-income and special needs populations, provided those projects are located in an area with an identified need for the type of housing proposed.
Appropriation:
State Taxable Building Construction Account—State.... $80,000,000
Prior Biennia (Expenditures)........................................................... $0
Future Biennia (Projected Costs)................................... $220,000,000
TOTAL.................................................. $300,000,000
NEW SECTION. Sec. 1040. FOR THE DEPARTMENT OF COMMERCE
2015-2017 Community Economic Revitalization Board Program (30000834)
The appropriation in this section is subject to the following conditions and limitations: If House Bill No. 1856 or other legislation that provides an exception for counties with the state's highest unemployment rates to the community economic revitalization board program's median hourly wage requirement is not enacted by June 30, 2015, the appropriation from the state taxable building construction account—state in this section shall lapse.
Appropriation:
State Taxable Building Construction Account—State...... $2,000,000
Public Facility Construction Loan Revolving Account—
State........................................................................... $8,100,000
Subtotal Appropriation............................ $10,100,000
Prior Biennia (Expenditures)........................................................... $0
Future Biennia (Projected Costs)..................................... $28,000,000
TOTAL.................................................... $38,100,000
NEW SECTION. Sec. 1041. FOR THE DEPARTMENT OF COMMERCE
Energy Efficiency and Solar Grants (30000835)
The appropriation in this section is subject to the following conditions and limitations:
(1)(a) $5,630,000 for fiscal year 2016 and $5,630,000 for fiscal year 2017 is provided solely for grants to be awarded in competitive rounds to local agencies, public higher education institutions, and state agencies for operational cost savings improvements to facilities and related projects that result in energy and operational cost savings.
(b) At least ten percent of each competitive grant round must be awarded to small cities or towns with a population of five thousand or fewer residents.
(c) In each competitive round, the higher the leverage ratio of nonstate funding sources to state grant and the higher the energy savings, the higher the project ranking.
(2) $3,750,000 is provided solely for grants to be awarded in competitive rounds to local agencies, public higher education institutions, and state agencies for projects that involve the purchase and installation of solar energy systems, including solar modules and inverters, with a preference for Washington-manufactured products.
(3) $1,650,000 is provided solely for energy efficiency improvements to minor works and stand-alone projects at state-owned facilities that repair or replace existing building systems including but not limited to HVAC, lighting, insulation, windows, and other mechanical systems. Eligibility for this funding is dependent on an analysis using the office of financial management's life cycle cost tool that compares project design alternatives for initial and long-term cost-effectiveness. Assuming a reasonable return on investment, the cost to improve the project's energy efficiency compared to the original project request will be added to the project appropriation after construction bids are received. The department of commerce shall coordinate with the office of financial management to develop a process for project submittal, review, approval criteria, tracking project budget adjustments, and performance measures.
(4) $225,000 is provided solely for resource conservation managers in the department of enterprise services to coordinate with state agencies to assess and adjust existing building systems and operations to optimize the efficiency in use of energy and other resources in state-owned facilities. The department of commerce will oversee an interagency agreement with the department of enterprise services to fund the resource conservation managers.
Appropriation:
State Building Construction Account—State.................. $30,000,000
Prior Biennia (Expenditures)........................................................... $0
Future Biennia (Projected Costs)................................... $120,000,000
TOTAL.................................................. $150,000,000
NEW SECTION. Sec. 1042. FOR THE DEPARTMENT OF COMMERCE
Ultra-Efficient Affordable Housing Demonstration (30000836)
The appropriation in this section is subject to the following conditions and limitations:
(1) The appropriation in this section is provided solely for loans or grants to low-income housing developers to design and construct ultra-high energy efficient housing projects including single and multifamily units;
(2) By December 1, 2015, in consultation with professional building, energy efficiency and housing finance organizations, the office of financial management and appropriate legislative staff, the department shall develop a process that is designed to solicit, evaluate and fund ultra-high energy efficient housing projects as part of the housing trust fund competitive program.
(3) To receive funding, a project must demonstrate energy-saving and renewable energy systems designed to reach net-zero energy use after housing is fully occupied and must provide a life-cycle cost analysis report to the department; and
(4) The department must consider, at a minimum and in any order, the following factors in assigning a numerical ranking to a project:
(a) Whether the proposed design has demonstrated that the project will achieve net-zero energy use when fully occupied;
(b) The life cycle cost of the project;
(c) That the project demonstrates a design, use of materials, and construction process that can be replicated by the Washington building industry;
(d) The extent to which the project leverages nonstate funds;
(e) The extent to which the project is ready to proceed to construction;
(f) Whether the project promotes sustainable use of resources and environmental quality;
(g) Whether the project is being well-managed to fund maintenance and capital depreciation;
(h) Reduction of housing and utilities carbon footprint; and
(i) Other criteria that the department considers necessary to achieve the purpose of this program.
Appropriation:
State Taxable Building Construction Account—State...... $5,000,000
Prior Biennia (Expenditures)........................................................... $0
Future Biennia (Projected Costs)..................................................... $0
TOTAL...................................................... $5,000,000
NEW SECTION. Sec. 1043. FOR THE DEPARTMENT OF COMMERCE
Housing Trust Fund Portfolio Preservation Program (30000837)
Appropriation:
Washington Housing Trust Account—State..................... $5,000,000
Prior Biennia (Expenditures)........................................................... $0
Future Biennia (Projected Costs)..................................... $20,000,000
TOTAL.................................................... $25,000,000
NEW SECTION. Sec. 1044. FOR THE DEPARTMENT OF COMMERCE
Weatherization Matchmaker Program (30000838)
Appropriation:
State Building Construction Account—State.................. $20,000,000
Prior Biennia (Expenditures)........................................................... $0
Future Biennia (Projected Costs)..................................... $60,000,000
TOTAL.................................................... $80,000,000
NEW SECTION. Sec. 1045. FOR THE DEPARTMENT OF COMMERCE
2015-2017 Drinking Water State Revolving Fund Loan Program (30000840)
The appropriations in this section are subject to the following conditions and limitations:
(1) $4,400,000 of the drinking water assistance account for fiscal year 2016 and $4,400,000 of the drinking water assistance account for fiscal year 2017 is provided as state match for federal safe drinking water funds.
(2) For projects involving repair, replacement, or improvement of a clean water infrastructure facility or other public works facility for which an investment grade efficiency audit is obtainable, the public works board must require as a contract condition that the project sponsor undertake an investment grade efficiency audit. The project sponsor may finance the costs of the audit as part of its drinking water state revolving fund program loan.
(3) The agency must encourage local government use of federally-funded drinking water infrastructure programs operated by the United States department of agriculture - rural development.
Appropriation:
Drinking Water Assistance Account—State................. $120,000,000
Prior Biennia (Expenditures)........................................................... $0
Future Biennia (Projected Costs)................................... $480,000,000
TOTAL.................................................. $600,000,000
NEW SECTION. Sec. 1046. FOR THE DEPARTMENT OF COMMERCE
Community Energy Efficiency Program (30000845)
Appropriation:
State Building Construction Account—State.................. $10,000,000
Prior Biennia (Expenditures)........................................................... $0
Future Biennia (Projected Costs)..................................... $40,000,000
TOTAL.................................................... $50,000,000
NEW SECTION. Sec. 1047. FOR THE DEPARTMENT OF COMMERCE
2016 Local and Community Projects (30000846)
The appropriation in this section is subject to the following conditions and limitations:
(1) Except as directed otherwise prior to the effective date of this section, the department may not expend the appropriation in this section unless and until the nonstate share of project costs have been either expended, or firmly committed, or both, in an amount sufficient to complete the project or a distinct phase of the project that is useable to the public for the purpose intended by the legislature. This requirement does not apply to projects where a share of the appropriation is released for design costs only.
(2) Prior to receiving funds, project recipients must demonstrate that the project site is under control for a minimum of ten years, either through ownership or a long-term lease. This requirement does not apply to appropriations for preconstruction activities or appropriations whose sole purpose is to purchase real property that does not include a construction or renovation component.
(3) Projects funded in this section may be required to comply with Washington's high performance building standards as required by chapter 39.35D RCW.
(4) Project funds are available on a reimbursement basis only, and shall not be advanced under any circumstances.
(5) Projects funded in this section must be held by the recipient for a minimum of ten years and used for the same purpose or purposes intended by the legislature as required in RCW 43.63A.125(6).
(6) Projects funded in this section, including those that are owned and operated by nonprofit organizations, are generally required to pay state prevailing wages.
(7) $1,500,000 of the appropriation in this section is provided solely for the Fairchild air force base protection and community empowerment project. Of that amount, $200,000 is provided for the purchase of twenty acres of land for development of affordable housing. The remaining $1,300,000 is provided for the county's purchase of mobile home parks in order to reduce the use of the accident potential zone for residential purposes. If the county subsequently rezones, develops, and leases the mobile home park property for commercial or industrial uses, the county must repay to the state the $1,300,000 appropriation in its entirety within ten years.
(8) The appropriation is provided solely for the following list of projects:
AHCC reclaimed water project.................................................... $709,000
Appleway trail........................................................................... $1,000,000
Basin 3 sewer rehabilitation center............................................ $1,000,000
Bellevue downtown park inspiration playground and sensory
garden................................................................................... $500,000
Bender fields parking lot and restrooms.................................... $1,000,000
Blackhills community soccer complex safety projects................ $750,000
Bremerton children's dental clinic................................................ $396,000
Brewster reservoir replacement project..................................... $1,000,000
Brookville gardens community park improvements................. $1,200,000
Camas-Washougal Babe Ruth youth baseball improve Louis
Bloch park.............................................................................. $10,000
Cancer immunotherapy facility-Seattle children's research
institute.............................................................................. $5,000,000
Caribou trail apartments............................................................... $100,000
Carnegie improvements for the rapid recidivism reduction
program.............................................................................. $1,000,000
Cascade mental health care evaluation and treatment
unit..................................................................................... $2,992,000
Cavalero park - Region park facility/skateboard park.................. $500,000
CDM caregiving services: Clark county aging care resource
center.................................................................................... $900,000
Centerville school heating upgrades............................................... $46,000
Chambers creek regional park pier extension and moorage...... $2,500,000
City of Lynden-riverview road construction................................ $850,000
City of Lynden-safe routes to school and Kaemingk
trail gap elimination.............................................................. $300,000
City of Mt. Vernon downtown flood protect project &
riverfront trail.................................................................... $1,500,000
City of Pateros water system..................................................... $1,500,000
City of Stanwood police station/city hall relocation.................... $300,000
Confluence area parks upgrade and restoration......................... $1,000,000
Covington community park....................................................... $2,000,000
Critical roof repair - Edmonds center for the arts
(ECA) gym........................................................................... $250,000
Cross park, Pierce county............................................................. $500,000
Dawson place child advocacy center building completion
project................................................................................... $161,000
DeKalb street pier......................................................................... $500,000
DNR/City of Castle Rock exchange............................................... $80,000
Drug abuse prevention center......................................................... $96,000
DuPont historical museum renovation........................................... $46,000
East Tacoma Community Center............................................... $1,000,000
Emergency generator for kidney resource center......................... $226,000
Enumclaw expo center................................................................. $350,000
Fairchild air force base protection & community
empowerment project........................................................ $1,500,000
Federal Way performing arts and conference center................. $2,000,000
Franklin Pierce early learning center......................................... $2,000,000
Gateway center project................................................................. $900,000
Gratzer park ball fields................................................................. $200,000
Grays Harbor navigation improvement project......................... $2,000,000
Green river gorge open space buffer, Kummer connection......... $750,000
Guy Cole center revitalization...................................................... $450,000
Historic renovation of stucco and roofs........................................ $300,000
Hopelink at ronald commons........................................................ $750,000
Irvine slough stormwater separation............................................ $500,000
Kahlotus highway sewer force main......................................... $2,750,000
Key Pen civics center..................................................................... $50,000
KiBe high school parking............................................................. $125,000
Kitsap humane society - shelter renovation.................................... $90,000
Lacey boys & girls club.................................................................. $29,000
Life support............................................................................... $1,250,000
Main street revitalization project............................................... $1,000,000
Martin Luther King Jr. family outreach center expansion
project..................................................................................... $85,000
Mercer arena energy savings & sustainability funding................ $450,000
Meridian center for health......................................................... $2,250,000
Minor road water reservoir replacement................................... $1,500,000
Mt. Spokane guest services building &
preservation/maintenance of existing facilities.................... $520,000
North Kitsap fishline food bank................................................... $750,000
Onalaska community tennis and sports courts............................... $80,000
Opera house ADA access............................................................. $356,000
PCAF's building for the future..................................................... $350,000
Pe Ell second street....................................................................... $197,000
Pike place market front project..................................................... $800,000
Police station security/hardening.................................................... $38,000
Port of Centralia-Centralia station................................................ $500,000
PROVAIL TBI residential facility............................................... $450,000
Renovate senior center................................................................. $400,000
Rochester boys & girls club........................................................... $38,000
Rockford treatment facility improvements project....................... $600,000
Roslyn renaissance-NW improve company building renovation
project................................................................................... $500,000
S 228th street interurban trail connector...................................... $500,000
Sammamish rowing association boathouse.................................. $500,000
SE 240th St. watermain system improvement project.................. $700,000
Seattle theatre group..................................................................... $131,000
Sentinel way restoration............................................................... $450,000
Snohomish veterans memorial rebuild........................................... $10,000
South sound shoreline and heritage protection............................. $900,000
Splash pad/foundation: Centralia outdoor pool restoration
project................................................................................... $200,000
Springbrook park neighborhood connection project.................... $300,000
SR 532 flood berm and bike/pedestrian path................................. $85,000
St. Vincent food bank & community services construction
project................................................................................... $400,000
Sunset neighborhood park......................................................... $2,000,000
The gathering house job training café............................................ $14,000
The salvation army Clark county: Corps community center..... $1,200,000
Tulalip water pipeline................................................................ $3,000,000
Twin bridges historical museum facility rehabilitation.................. $62,000
Twisp civic building..................................................................... $500,000
Veterans center............................................................................. $600,000
Washington green schools............................................................ $105,000
Washougal senior/community center roof/HVAC replace &
kitchen improvements.......................................................... $300,000
Water meter and system improvement program.......................... $500,000
White river restoration project...................................................... $850,000
Willapa behavioral health safety improvement project.................. $75,000
Yakima children's museum center.................................................. $50,000
Yelm community center............................................................... $500,000
Yelm senior center.......................................................................... $80,000
TOTAL.................................................................................... $71,782,000
Appropriation:
State Building Construction Account—State.................. $71,782,000
Prior Biennia (Expenditures)........................................................... $0
Future Biennia (Projected Costs)..................................................... $0
TOTAL.................................................... $71,782,000
NEW SECTION. Sec. 1048. FOR THE DEPARTMENT OF COMMERCE
Energy Efficiency Grants for Local Governments (91000241)
The reappropriation in this section is subject to the following conditions and limitations: The reappropriation is subject to the provisions of section 301, chapter 1, Laws of 2012 2nd sp. sess.
Reappropriation:
State Building Construction Account—State.................... $1,732,000
Prior Biennia (Expenditures)........................................... $16,268,000
Future Biennia (Projected Costs)..................................................... $0
TOTAL.................................................... $18,000,000
NEW SECTION. Sec. 1049. FOR THE DEPARTMENT OF COMMERCE
Energy Efficiency Grants for Higher Education (91000242)
The reappropriation in this section is subject to the following conditions and limitations: The reappropriation is subject to the provisions of section 307, chapter 1, Laws of 2012 2nd sp. sess.
Reappropriation:
State Building Construction Account—State.................... $5,077,000
Prior Biennia (Expenditures)........................................... $14,923,000
Future Biennia (Projected Costs)..................................................... $0
TOTAL.................................................... $20,000,000
NEW SECTION. Sec. 1050. FOR THE DEPARTMENT OF COMMERCE
Public Works Pre-Construction Loan Program (91000319)
Reappropriation:
Public Works Assistance Account—State............................ $767,000
Prior Biennia (Expenditures)............................................. $2,233,000
Future Biennia (Projected Costs)..................................................... $0
TOTAL...................................................... $3,000,000
NEW SECTION. Sec. 1051. FOR THE DEPARTMENT OF COMMERCE
Housing for Families with Children (91000409)
The reappropriation in this section is subject to the following conditions and limitations: The reappropriation is subject to the provisions of section 310, chapter 1, Laws of 2012 2nd sp. sess.
Reappropriation:
State Taxable Building Construction Account—State...... $2,472,000
Prior Biennia (Expenditures)............................................. $5,778,000
Future Biennia (Projected Costs)..................................................... $0
TOTAL...................................................... $8,250,000
NEW SECTION. Sec. 1052. FOR THE DEPARTMENT OF COMMERCE
Housing for Seniors and People with Physical Disabilities (91000411)
The reappropriation in this section is subject to the following conditions and limitations: The reappropriation is subject to the provisions of section 311, chapter 1, Laws of 2012 2nd sp. sess.
Reappropriation:
State Taxable Building Construction Account—State...... $4,350,000
Prior Biennia (Expenditures)............................................. $5,316,000
Future Biennia (Projected Costs)..................................................... $0
TOTAL...................................................... $9,666,000
NEW SECTION. Sec. 1053. FOR THE DEPARTMENT OF COMMERCE
Housing for People with Chronic Mental Illness (91000412)
The reappropriation in this section is subject to the following conditions and limitations: The reappropriation is subject to the provisions of section 1010, chapter 2, Laws of 2012 2nd sp. sess.
Reappropriation:
State Taxable Building Construction Account—State......... $190,000
Prior Biennia (Expenditures)................................................ $935,000
Future Biennia (Projected Costs)..................................................... $0
TOTAL...................................................... $1,125,000
NEW SECTION. Sec. 1054. FOR THE DEPARTMENT OF COMMERCE
Housing for the Homeless (91000413)
The reappropriation in this section is subject to the following conditions and limitations: The reappropriation is subject to the provisions of section 1011, chapter 2, Laws of 2012 2nd sp. sess.
Reappropriation:
State Taxable Building Construction Account—State...... $5,996,000
Prior Biennia (Expenditures)........................................... $22,948,000
Future Biennia (Projected Costs)..................................................... $0
TOTAL.................................................... $28,944,000
NEW SECTION. Sec. 1055. FOR THE DEPARTMENT OF COMMERCE
Housing for Farmworkers (91000414)
The reappropriation in this section is subject to the following conditions and limitations: The reappropriation is subject to the provisions of section 1012, chapter 2, Laws of 2012 2nd sp. sess.
Reappropriation:
State Taxable Building Construction Account—State...... $5,160,000
Prior Biennia (Expenditures)............................................. $1,055,000
Future Biennia (Projected Costs)..................................................... $0
TOTAL...................................................... $6,215,000
NEW SECTION. Sec. 1056. FOR THE DEPARTMENT OF COMMERCE
Housing for People At Risk of Homelessness (91000415)
The reappropriation in this section is subject to the following conditions and limitations: The reappropriation is subject to the provisions of section 312, chapter 1, Laws of 2012 2nd sp. sess.
Reappropriation:
State Taxable Building Construction Account—State......... $959,000
Prior Biennia (Expenditures)............................................. $1,541,000
Future Biennia (Projected Costs)..................................................... $0
TOTAL...................................................... $2,500,000
NEW SECTION. Sec. 1057. FOR THE DEPARTMENT OF COMMERCE
Housing for Low-Income Households (91000416)
The reappropriation in this section is subject to the following conditions and limitations: The reappropriation is subject to the provisions of section 1013, chapter 2, Laws of 2012 2nd sp. sess.
Reappropriation:
State Taxable Building Construction Account—State...... $2,689,000
Prior Biennia (Expenditures)................................................ $293,000
Future Biennia (Projected Costs)..................................................... $0
TOTAL...................................................... $2,982,000
NEW SECTION. Sec. 1058. FOR THE DEPARTMENT OF COMMERCE
2012 Local and Community Projects (91000417)
The reappropriation in this section is subject to the following conditions and limitations: The reappropriation is subject to the provisions of section 302, chapter 1, Laws of 2012 2nd sp. sess.
Reappropriation:
State Building Construction Account—State.................... $1,889,000
Prior Biennia (Expenditures)............................................. $7,734,000
Future Biennia (Projected Costs)..................................................... $0
TOTAL...................................................... $9,623,000
NEW SECTION. Sec. 1059. FOR THE DEPARTMENT OF COMMERCE
Local and Community Projects 2012 (91000437)
The reappropriation in this section is subject to the following conditions and limitations: The reappropriation is subject to the provisions of section 1003, chapter 2, Laws of 2012 2nd sp. sess.
Reappropriation:
State Taxable Building Construction Account—State...... $1,800,000
Prior Biennia (Expenditures)............................................. $1,035,000
Future Biennia (Projected Costs)..................................................... $0
TOTAL...................................................... $2,835,000
NEW SECTION. Sec. 1060. FOR THE DEPARTMENT OF COMMERCE
Pacific Medical Center (91000445)
The appropriation in this section is subject to the following conditions and limitations: The appropriation in this section is provided solely for window repair, replacement, and weatherization, or for tenant improvements at Pacific tower made or provided on behalf of Seattle College district.
Reappropriation:
State Taxable Building Construction Account—State...... $2,405,000
State Building Construction Account—State.................... $9,818,000
Subtotal Reappropriation......................... $12,223,000
Appropriation:
State Building Construction Account—State.................... $6,000,000
Prior Biennia (Expenditures)............................................. $7,777,000
Future Biennia (Projected Costs)..................................................... $0
TOTAL.................................................... $26,000,000
NEW SECTION. Sec. 1061. FOR THE DEPARTMENT OF COMMERCE
Sand Point Building 9 (91000446)
The reappropriation in this section is subject to the following conditions and limitations: The reappropriation is subject to the provisions of section 1068, chapter 19, Laws of 2013 2nd sp. sess.
Reappropriation:
State Taxable Building Construction Account—State...... $9,802,000
Prior Biennia (Expenditures)............................................. $4,198,000
Future Biennia (Projected Costs)..................................................... $0
TOTAL.................................................... $14,000,000
NEW SECTION. Sec. 1062. FOR THE DEPARTMENT OF COMMERCE
Mental Health Beds (91000447)
The reappropriation in this section is subject to the following conditions and limitations: The reappropriation is subject to the provisions of section 1071, chapter 19, Laws of 2013 2nd sp. sess.
Reappropriation:
State Building Construction Account—State.................... $3,644,000
Prior Biennia (Expenditures)............................................. $1,356,000
Future Biennia (Projected Costs)..................................................... $0
TOTAL...................................................... $5,000,000
NEW SECTION. Sec. 1063. FOR THE DEPARTMENT OF COMMERCE
Housing for Homeless Veterans (91000455)
The reappropriation in this section is subject to the following conditions and limitations: The reappropriation is subject to the provisions of section 1065, chapter 19, Laws of 2013 2nd sp. sess.
Reappropriation:
State Taxable Building Construction Account—State...... $9,001,000
Prior Biennia (Expenditures)................................................ $366,000
Future Biennia (Projected Costs)..................................................... $0
TOTAL...................................................... $9,367,000
NEW SECTION. Sec. 1064. FOR THE DEPARTMENT OF COMMERCE
Housing for Farmworkers (91000457)
The reappropriation in this section is subject to the following conditions and limitations: The reappropriation is subject to the provisions of section 1066, chapter 19, Laws of 2013 2nd sp. sess.
Reappropriation:
State Taxable Building Construction Account—State.... $19,723,000
Prior Biennia (Expenditures)............................................. $7,327,000
Future Biennia (Projected Costs)..................................................... $0
TOTAL.................................................... $27,050,000
NEW SECTION. Sec. 1065. FOR THE DEPARTMENT OF COMMERCE
Housing for People with Developmental Disabilities (91000458)
The reappropriation in this section is subject to the following conditions and limitations: The reappropriation is subject to the provisions of section 1067, chapter 19, Laws of 2013 2nd sp. sess.
Reappropriation:
State Taxable Building Construction Account—State...... $6,392,000
Prior Biennia (Expenditures)............................................. $2,627,000
Future Biennia (Projected Costs)..................................................... $0
TOTAL...................................................... $9,019,000
NEW SECTION. Sec. 1066. FOR THE DEPARTMENT OF COMMERCE
Housing for People with Chronic Mental Illness (91000459)
Reappropriation:
State Taxable Building Construction Account—State...... $5,735,000
Prior Biennia (Expenditures)................................................ $329,000
Future Biennia (Projected Costs)..................................................... $0
TOTAL...................................................... $6,064,000
NEW SECTION. Sec. 1067. FOR THE DEPARTMENT OF COMMERCE
Public Works Assistance Account Project Backfill (91000581)
Reappropriation:
State Building Construction Account—State.................... $3,263,000
Prior Biennia (Expenditures)......................................... $154,737,000
Future Biennia (Projected Costs)..................................................... $0
TOTAL.................................................. $158,000,000
NEW SECTION. Sec. 1068. FOR THE DEPARTMENT OF COMMERCE
Clean Energy and Energy Freedom Program (91000582)
The reappropriations in this section are subject to the following conditions and limitations: The reappropriations are subject to the provisions of section 1074, chapter 19, Laws of 2013 2nd sp. sess.
Reappropriation:
Energy Recovery Act Account—State.............................. $4,000,000
State Taxable Building Construction Account—State...... $8,924,000
State Building Construction Account—State.................. $19,069,000
Subtotal Reappropriation......................... $31,993,000
Prior Biennia (Expenditures)............................................. $8,007,000
Future Biennia (Projected Costs)..................................................... $0
TOTAL.................................................... $40,000,000
NEW SECTION. Sec. 1069. FOR THE DEPARTMENT OF COMMERCE
Innovation Partnership Zones - Facilities and Infrastructure (92000089)
The reappropriation in this section is subject to the following conditions and limitations: The reappropriation is subject to the provisions of section 309, chapter 1, Laws of 2012 2nd sp. sess.
Reappropriation:
State Building Construction Account—State.................... $3,725,000
Prior Biennia (Expenditures)............................................. $9,795,000
Future Biennia (Projected Costs)..................................................... $0
TOTAL.................................................... $13,520,000
NEW SECTION. Sec. 1070. FOR THE DEPARTMENT OF COMMERCE
Community Economic Revitalization Board Administered Economic Development, Innovation, and Export Grants (92000096)
The reappropriations in this section are subject to the following conditions and limitations: The reappropriations are subject to the provisions of section 304, chapter 1, Laws of 2012 2nd sp. sess.
Reappropriation:
State Building Construction Account—State.................... $4,267,000
Public Works Assistance Account—State....................... $14,595,000
Subtotal Reappropriation......................... $18,862,000
Prior Biennia (Expenditures)........................................... $13,736,000
Future Biennia (Projected Costs)..................................................... $0
TOTAL.................................................... $32,598,000
NEW SECTION. Sec. 1071. FOR THE DEPARTMENT OF COMMERCE
Main Street Improvement Grants (92000098)
The reappropriations in this section are subject to the following conditions and limitations: The reappropriations are subject to the provisions of section 305, chapter 1, Laws of 2012 2nd sp. sess.
Reappropriation:
Public Works Assistance Account—State............................ $355,000
State Building Construction Account—State.................... $3,115,000
Subtotal Reappropriation........................... $3,470,000
Prior Biennia (Expenditures)........................................... $11,380,000
Future Biennia (Projected Costs)..................................................... $0
TOTAL.................................................... $14,850,000
NEW SECTION. Sec. 1072. FOR THE DEPARTMENT OF COMMERCE
Brownfield Redevelopment Grants (92000100)
The reappropriation in this section is subject to the following conditions and limitations: The reappropriation in this section is provided solely for redevelopment of the Bellingham waterfront.
Reappropriation:
Local Toxics Control Account—State.............................. $1,194,000
Prior Biennia (Expenditures)................................................ $306,000
Future Biennia (Projected Costs)..................................................... $0
TOTAL...................................................... $1,500,000
NEW SECTION. Sec. 1073. FOR THE DEPARTMENT OF COMMERCE
Port and Export Related Infrastructure (92000102)
The reappropriation in this section is subject to the following conditions and limitations: The reappropriation is subject to the provisions of section 306, chapter 1, Laws of 2012 2nd sp. sess.
Reappropriation:
State Building Construction Account—State.................. $13,603,000
Prior Biennia (Expenditures)........................................... $19,547,000
Future Biennia (Projected Costs)..................................................... $0
TOTAL.................................................... $33,150,000
NEW SECTION. Sec. 1074. FOR THE DEPARTMENT OF COMMERCE
Projects for Jobs and Economic Development (92000151)
The reappropriations in this section are subject to the following conditions and limitations: The reappropriations are subject to the provisions of section 1077, chapter 19, Laws of 2013 2nd sp. sess.
Reappropriation:
Public Facility Construction Loan Revolving
Account—State.......................................................... $7,100,000
State Building Construction Account—State.................. $22,256,000
Subtotal Reappropriation......................... $29,356,000
Prior Biennia (Expenditures)............................................. $7,753,000
Future Biennia (Projected Costs)..................................................... $0
TOTAL.................................................... $37,109,000
NEW SECTION. Sec. 1075. FOR THE DEPARTMENT OF COMMERCE
Projects that Strengthen Youth and Families (92000227)
The reappropriation in this section is subject to the following conditions and limitations: The reappropriation is subject to the provisions of section 1079, chapter 19, Laws of 2013 2nd sp. sess.
Reappropriation:
State Building Construction Account—State.................. $12,695,000
Prior Biennia (Expenditures)............................................. $6,982,000
Future Biennia (Projected Costs)..................................................... $0
TOTAL.................................................... $19,677,000
NEW SECTION. Sec. 1076. FOR THE DEPARTMENT OF COMMERCE
Projects that Strengthen Communities and Quality of Life (92000230)
The reappropriations in this section are subject to the following conditions and limitations: The reappropriations are subject to the provisions of section 1078, chapter 19, Laws of 2013 2nd sp.s. and section 6006 of this act.
Reappropriation:
Environmental Legacy Stewardship Account—State.......... $395,000
State Building Construction Account—State.................. $22,372,000
Subtotal Reappropriation......................... $22,767,000
Prior Biennia (Expenditures)............................................. $9,361,000
Future Biennia (Projected Costs)..................................................... $0
TOTAL.................................................... $32,128,000
NEW SECTION. Sec. 1077. FOR THE OFFICE OF FINANCIAL MANAGEMENT
Cowlitz River Dredging (20082856)
Reappropriation:
State Building Construction Account—State....................... $246,000
Prior Biennia (Expenditures)............................................. $1,254,000
Future Biennia (Projected Costs)..................................................... $0
TOTAL...................................................... $1,500,000
NEW SECTION. Sec. 1078. FOR THE OFFICE OF FINANCIAL MANAGEMENT
Catastrophic Flood Relief (20084850)
The appropriation in this section is subject to the following conditions and limitations:
(1) Up to $26,800,000 of the appropriation is for advancing the long-term strategy for the Chehalis Basin projects to reduce flood damage and restore aquatic species including a programmatic environmental impact statement, data collection, engineering design of future construction projects, feasibility analysis, and engagement of state agencies, tribes, and other parties.
(2) Up to $23,200,000 of the appropriation is for construction of local priority flood protection and habitat restoration projects.
(3) Up to one percent of the appropriation provided in this section may be used by the recreation and conservation office to administer contracts associated with the subprojects funded through this section. Contract administration includes, but is not limited to: Drafting and amending contracts, reviewing and approving invoices, tracking expenditures, and performing field inspections to assess project status when conducting similar assessments related to other agency contracts in the same geographic area.
Reappropriation:
State Building Construction Account—State.................. $12,484,000
Appropriation:
State Building Construction Account—State.................. $50,000,000
Prior Biennia (Expenditures)........................................... $25,203,000
Future Biennia (Projected Costs)................................... $120,000,000
TOTAL.................................................. $207,687,000
NEW SECTION. Sec. 1079. FOR THE OFFICE OF FINANCIAL MANAGEMENT
Office of Financial Management Capital Budget Staff (30000045)
Appropriation:
State Building Construction Account—State.................... $1,000,000
Prior Biennia (Expenditures)........................................................... $0
Future Biennia (Projected Costs)....................................... $4,000,000
TOTAL...................................................... $5,000,000
NEW SECTION. Sec. 1080. FOR THE OFFICE OF FINANCIAL MANAGEMENT
Oversight of State Facilities (30000046)
The appropriations in this section are subject to the following conditions and limitations:
(1) The office of financial management, with assistance from the department of enterprise services and other state agencies as needed, shall conduct space studies and make recommendations to the legislature on the state's space standards including alternative workplace strategies. State agencies shall provide space use data in a format prescribed by the office of financial management to support this effort. The office of financial management shall report the results and recommendations to the legislative fiscal committees by July 1, 2016.
(2) The office of financial management, with assistance from the department of enterprise services and other state agencies as needed, shall update the lease space requirements to reflect high performance building standards and any other components that may improve the conditions of leased space.
Appropriation:
State Building Construction Account—State.................... $1,040,000
Thurston County Capital Facilities Account—State......... $1,120,000
Subtotal Appropriation.............................. $2,160,000
Prior Biennia (Expenditures)........................................................... $0
Future Biennia (Projected Costs)..................................................... $0
TOTAL...................................................... $2,160,000
NEW SECTION. Sec. 1081. FOR THE OFFICE OF FINANCIAL MANAGEMENT
Construction Contingency Pool (90000300)
The appropriation in this section is subject to the following conditions and limitations: The appropriation in this section is provided solely for construction projects that confront emergent and unavoidable costs in excess of the construction contingency included in the project appropriation. For requests occurring during a legislative session, an agency must notify the legislative fiscal committees before requesting contingency funds from the office of financial management. Eligible agencies that may apply to the pool include higher education institutions, the department of corrections, the department of social and health services, the department of enterprise services, the criminal justice training commission, the department of veterans affairs, the parks and recreation commission, and the department of fish and wildlife. Eligible construction projects are only projects that had cost reductions as kept on file with the office of financial management. The office of financial management must notify the legislative evaluation and accountability program committee, the house capital budget committee, and senate ways and means committee as projects are approved for funding.
Appropriation:
State Building Construction Account—State.................... $5,000,000
Prior Biennia (Expenditures)........................................................... $0
Future Biennia (Projected Costs)..................................................... $0
TOTAL...................................................... $5,000,000
NEW SECTION. Sec. 1082. FOR THE OFFICE OF FINANCIAL MANAGEMENT
Emergency Repairs (90000301)
The appropriation in this section is subject to the following conditions and limitations: Emergency repair funding is provided solely to address unexpected building or grounds failures that will impact public health and safety and the day-to-day operations of the facility. To be eligible for funds from the emergency repair pool, an emergency declaration signed by the affected agency director must be submitted to the office of financial management and the appropriate legislative fiscal committees. The emergency declaration must include a description of the health and safety hazard, the possible cause, the proposed scope of emergency repair work and related cost estimate, and identification of other funding that may be applied to the project. For emergencies occurring during a legislative session, an agency must notify the legislative fiscal committees before requesting emergency funds from the office of financial management. The office of financial management must notify the legislative evaluation and accountability program committee, the house capital budget committee, and senate ways and means committee as emergency projects are approved for funding.
Appropriation:
State Building Construction Account—State.................... $5,000,000
Prior Biennia (Expenditures)........................................................... $0
Future Biennia (Projected Costs)..................................................... $0
TOTAL...................................................... $5,000,000
NEW SECTION. Sec. 1083. FOR THE OFFICE OF FINANCIAL MANAGEMENT
Emergency Repair Pool for K-12 Public Schools (90000302)
The appropriation in this section is subject to the following conditions and limitations: Emergency repair funding is provided solely to address unexpected and imminent health and safety hazards at K-12 public schools, including skill centers, that will impact the day-to-day operations of the school facility. To be eligible for funds from the emergency repair pool, an emergency declaration must be signed by the school district board of directors and the superintendent of public instruction, and submitted to the office of financial management for consideration. The emergency declaration must include a description of the imminent health and safety hazard, the possible cause, the proposed scope of emergency repair work and related cost estimate, and identification of local funding to be applied to the project. Grants of emergency repair moneys must be conditioned upon the written commitment and plan of the school district board of directors to repay the grant with any insurance payments or other judgments that may be awarded, if applicable. The office of financial management must notify the legislative evaluation and accountability program committee, the house capital budget committee, and the senate ways and means committee as emergency projects are approved for funding.
Appropriation:
Common School Construction Account—State................ $5,000,000
Prior Biennia (Expenditures)........................................................... $0
Future Biennia (Projected Costs)..................................................... $0
TOTAL...................................................... $5,000,000
NEW SECTION. Sec. 1084. FOR THE OFFICE OF FINANCIAL MANAGEMENT
Chehalis River Basin Flood Relief Projects (91000398)
Reappropriation:
State Building Construction Account—State....................... $206,000
Prior Biennia (Expenditures)............................................. $4,794,000
Future Biennia (Projected Costs)..................................................... $0
TOTAL...................................................... $5,000,000
NEW SECTION. Sec. 1085. FOR THE OFFICE OF FINANCIAL MANAGEMENT
Higher Education Preservation Information (91000427)
The reappropriations in this section are subject to the following conditions and limitations: The reappropriations are subject to the provisions of section 6007 of this act.
Reappropriation:
University of Washington Building Account—State........... $116,000
Washington State University Building
Account—State............................................................... $85,000
Eastern Washington University Capital Projects
Account—State............................................................... $21,000
Central Washington University Capital Projects
Account—State............................................................... $17,000
The Evergreen State College Capital Projects
Account—State............................................................... $12,000
Western Washington University Capital Projects
Account—State............................................................... $19,000
Subtotal Reappropriation.............................. $270,000
Prior Biennia (Expenditures)........................................................... $0
Future Biennia (Projected Costs)..................................................... $0
TOTAL......................................................... $270,000
NEW SECTION. Sec. 1086. FOR THE OFFICE OF FINANCIAL MANAGEMENT
Construction Contingency Pool (91000428)
The reappropriation in this section is subject to the following conditions and limitations: The reappropriation is subject to the provisions of section 1091, chapter 19, Laws of 2013 2nd sp. sess.
Reappropriation:
State Building Construction Account—State.................... $1,875,000
Prior Biennia (Expenditures)........................................................... $0
Future Biennia (Projected Costs)..................................................... $0
TOTAL...................................................... $1,875,000
NEW SECTION. Sec. 1087. FOR THE OFFICE OF FINANCIAL MANAGEMENT
Culverts in Three State Agencies (92000004)
Reappropriation:
State Building Construction Account—State.................... $4,516,000
Prior Biennia (Expenditures)............................................. $2,484,000
Future Biennia (Projected Costs)..................................................... $0
TOTAL...................................................... $7,000,000
NEW SECTION. Sec. 1088. FOR THE DEPARTMENT OF ENTERPRISE SERVICES
East Plaza - Water Infiltration and Elevator Repairs (30000548)
Reappropriation:
State Building Construction Account—State....................... $500,000
Prior Biennia (Expenditures)............................................. $2,603,000
Future Biennia (Projected Costs)..................................................... $0
TOTAL...................................................... $3,103,000
NEW SECTION. Sec. 1089. FOR THE DEPARTMENT OF ENTERPRISE SERVICES
NRB Garage Fire Suppression System Repairs (30000578)
Reappropriation:
State Building Construction Account—State....................... $500,000
Prior Biennia (Expenditures)............................................. $1,738,000
Future Biennia (Projected Costs)..................................................... $0
TOTAL...................................................... $2,238,000
NEW SECTION. Sec. 1090. FOR THE DEPARTMENT OF ENTERPRISE SERVICES
Minor Works Preservation (30000635)
Reappropriation:
State Building Construction Account—State.................... $1,477,000
Thurston County Capital Facilities Account—State............ $501,000
Subtotal Reappropriation........................... $1,978,000
Prior Biennia (Expenditures)............................................. $2,050,000
Future Biennia (Projected Costs)..................................................... $0
TOTAL...................................................... $4,028,000
NEW SECTION. Sec. 1091. FOR THE DEPARTMENT OF ENTERPRISE SERVICES
Minor Works Preservation (30000722)
The appropriations in this section are subject to the following conditions and limitations: No minor works funds may be allotted until a parking strategy is completed. Up to $300,000 of the appropriation in this section is provided for the department to develop a capitol campus parking strategy. The strategy must include: (1) During the legislative sessions a reduction of agency reserve stalls from twenty-six percent to fifteen percent as recommended by the 2014 state of Washington parking and transportation study; (2) incorporating parking attendants or parking arms to accept payment for campus parking during the legislative sessions; (3) install at least two electronic boards that show the available parking capacity in the east plaza garage. The department shall report to all fiscal committees on its progress by November 1, 2015.
Appropriation:
Thurston County Capital Facilities Account—State............ $850,000
State Building Construction Account—State.................... $9,002,000
State Vehicle Parking Account—State................................. $300,000
Subtotal Appropriation............................ $10,152,000
Prior Biennia (Expenditures)........................................................... $0
Future Biennia (Projected Costs)..................................... $19,000,000
TOTAL.................................................... $29,152,000
NEW SECTION. Sec. 1092. FOR THE DEPARTMENT OF ENTERPRISE SERVICES
Old Capitol - Exterior and Interior Repairs (30000724)
Appropriation:
Thurston County Capital Facilities Account—State......... $1,500,000
State Building Construction Account—State.................... $1,500,000
Subtotal Appropriation.............................. $3,000,000
Prior Biennia (Expenditures)........................................................... $0
Future Biennia (Projected Costs)..................................................... $0
TOTAL...................................................... $3,000,000
NEW SECTION. Sec. 1093. FOR THE DEPARTMENT OF ENTERPRISE SERVICES
West Campus Historic Buildings Exterior Preservation (30000727)
Appropriation:
State Building Construction Account—State.................... $2,000,000
Prior Biennia (Expenditures)........................................................... $0
Future Biennia (Projected Costs)..................................................... $0
TOTAL...................................................... $2,000,000
NEW SECTION. Sec. 1094. FOR THE DEPARTMENT OF ENTERPRISE SERVICES
East Plaza - Structure and Elevator Repairs (30000717)
Appropriation:
State Building Construction Account—State.................... $8,239,000
Prior Biennia (Expenditures)........................................................... $0
Future Biennia (Projected Costs)..................................... $27,442,000
TOTAL.................................................... $35,681,000
NEW SECTION. Sec. 1095. FOR THE DEPARTMENT OF ENTERPRISE SERVICES
Campus Utility Repairs - Sunken Garden to General Administration (30000731)
Appropriation:
State Building Construction Account—State.................... $5,569,000
Prior Biennia (Expenditures)........................................................... $0
Future Biennia (Projected Costs)..................................... $18,661,000
TOTAL.................................................... $24,230,000
NEW SECTION. Sec. 1096. FOR THE DEPARTMENT OF ENTERPRISE SERVICES
Capitol Campus Heating Systems Repairs - Phase 1 (30000730)
The appropriation in this section is subject to the following conditions and limitations: The appropriation in this section is provided solely for the department to competitively contract an energy audit on the capitol campus steam system. The audit must consider converting to centralized hot water boilers and using a heat recovery power system.
Appropriation:
Thurston County Capital Facilities Account—State............ $500,000
Prior Biennia (Expenditures)........................................................... $0
Future Biennia (Projected Costs)..................................................... $0
TOTAL......................................................... $500,000
NEW SECTION. Sec. 1097. FOR THE DEPARTMENT OF ENTERPRISE SERVICES
Capitol Campus Critical Network Standardization and Connectivity (30000732)
The appropriation in this section is subject to the following conditions and limitations: The appropriation in this section is provided solely for installing any remaining building meters as needed on the capitol campus, and providing building performance data electronically. Dashboard displays must be installed in the three legislative buildings.
Appropriation:
Thurston County Capital Facilities Account—State............ $250,000
Prior Biennia (Expenditures)........................................................... $0
Future Biennia (Projected Costs)..................................................... $0
TOTAL......................................................... $250,000
NEW SECTION. Sec. 1098. FOR THE DEPARTMENT OF ENTERPRISE SERVICES
Campus Physical Security & Safety Improvements (30000728)
Appropriation:
State Building Construction Account—State.................... $4,000,000
Prior Biennia (Expenditures)........................................................... $0
Future Biennia (Projected Costs)..................................................... $0
TOTAL...................................................... $4,000,000
NEW SECTION. Sec. 1099. FOR THE DEPARTMENT OF ENTERPRISE SERVICES
Capitol Court Major Exterior and Building Systems Renewal (30000738)
The appropriation in this section is provided solely for development of a plan that identifies the existing building deficiencies and recommended project specific improvements with cost estimates to be completed as funding becomes available. Urgent repairs to this building will be prioritized against the other projects in the department of enterprise services' minor works project list.
Appropriation:
Enterprise Services Account—State..................................... $150,000
Prior Biennia (Expenditures)........................................................... $0
Future Biennia (Projected Costs)....................................... $1,220,000
TOTAL...................................................... $1,370,000
NEW SECTION. Sec. 1100. FOR THE DEPARTMENT OF ENTERPRISE SERVICES
Capitol Lake Long-term Management Planning (30000740)
Appropriation:
Enterprise Services Account—State..................................... $100,000
Prior Biennia (Expenditures)........................................................... $0
Future Biennia (Projected Costs)..................................................... $0
TOTAL......................................................... $100,000
NEW SECTION. Sec. 1101. FOR THE DEPARTMENT OF ENTERPRISE SERVICES
Engineering and Architectural Services: Staffing (30000762)
(1) The appropriation in this section is provided solely for architectural and engineering services to manage public works contracting for all state facilities pursuant to RCW 43.19.450. The service charge is increased from 2.15 percent to 2.27 percent of total project costs to reduce the number of projects assigned to each manager. The intended results of the increased fee are improved accountability, reduced project delays, and reduced the number and cost of change orders. At the end of each fiscal year, the department must report to the office of financial management and the fiscal committees of the legislature on performance improvements resulting from the increased management fee, including the following:
(a) The number of projects managed by each manager compared to previous biennia;
(b) Projects that were not completed on schedule and the reasons for delays; and
(c) The number and cost of the change orders and the reason for each change order.
(2) The department shall convene a group of private sector architects and contractors with state agency facilities personnel, at a minimum of twice per year, to share at a minimum, information on high performance methods, ideas, operating and maintenance issues, and cost. The facility personnel must be from the community and technical colleges, the four-year institutions of higher education, and any other state agencies that have recently completed a new building or are currently in the construction phase.
(3) The department, with assistance from the capital projects authority review board, shall provide recommendations to the governor, house capital budget committee, and senate ways and means committee, on ways to improve the project delivery methods. It must include, at a minimum, methods to incorporate more architectural and engineering firms and contractors to be eligible for design build projects, and methods for including high performance criteria with incentives for the architectural and engineering firm and contractor to meet the performance measures in design-bid-build project delivery methods.
Appropriation:
State Building Construction Account—State.................... $9,800,000
Thurston County Capital Facilities Account—State......... $3,000,000
Charitable, Educational, Penal, and Reformatory
Institutions Account—State....................................... $2,000,000
Subtotal Appropriation............................ $14,800,000
Prior Biennia (Expenditures)........................................................... $0
Future Biennia (Projected Costs)..................................................... $0
TOTAL.................................................... $14,800,000
NEW SECTION. Sec. 1102. FOR THE DEPARTMENT OF ENTERPRISE SERVICES
NRB Garage Fire Suppression System & Critical Repairs (30000719)
Appropriation:
State Building Construction Account—State.................... $8,077,000
Prior Biennia (Expenditures)........................................................... $0
Future Biennia (Projected Costs)....................................... $1,516,000
TOTAL...................................................... $9,593,000
NEW SECTION. Sec. 1103. FOR THE DEPARTMENT OF ENTERPRISE SERVICES
Campus Building and Grounds Facilities Replacements (30000759)
Appropriation:
State Building Construction Account—State.................... $2,477,000
Prior Biennia (Expenditures)........................................................... $0
Future Biennia (Projected Costs)..................................................... $0
TOTAL...................................................... $2,477,000
NEW SECTION. Sec. 1104. FOR THE DEPARTMENT OF ENTERPRISE SERVICES
Campus Steam System and Chiller Upgrades (91000014)
The reappropriations in this section are subject to the following conditions and limitations: The reappropriations are subject to the provisions of section 1106, chapter 19, Laws of 2013 2nd sp. sess.
Reappropriation:
Thurston County Capital Facilities Account—State......... $1,074,000
State Building Construction Account—State.................... $1,802,000
Subtotal Reappropriation........................... $2,876,000
Prior Biennia (Expenditures)............................................. $1,121,000
Future Biennia (Projected Costs)..................................................... $0
TOTAL...................................................... $3,997,000
NEW SECTION. Sec. 1105. FOR THE DEPARTMENT OF ENTERPRISE SERVICES
Capitol Campus Exterior Lighting Upgrades (30000736)
The appropriation in this section is subject to the following conditions and limitations: The department shall pursue energy services contracts as much as is feasible to provide funding.
Appropriation:
Thurston County Capital Facilities Account—State......... $1,000,000
Prior Biennia (Expenditures)........................................................... $0
Future Biennia (Projected Costs)..................................................... $0
TOTAL...................................................... $1,000,000
NEW SECTION. Sec. 1106. FOR THE DEPARTMENT OF ENTERPRISE SERVICES
Archives Building and Capitol Court HVAC Upgrades (91000015)
The reappropriation in this section is subject to the following conditions and limitations: The reappropriation is subject to the provisions of section 1107, chapter 19, Laws of 2013 2nd sp. sess.
Reappropriation:
State Building Construction Account—State......................... $70,000
Prior Biennia (Expenditures)................................................ $930,000
Future Biennia (Projected Costs)..................................................... $0
TOTAL...................................................... $1,000,000
NEW SECTION. Sec. 1107. FOR THE DEPARTMENT OF ENTERPRISE SERVICES
State Capitol Master Plan (30000760)
The appropriation in this section is subject to the following conditions and limitations:
(1) The appropriation in this section is provided solely for the department to identify potential development sites, and any infrastructure that may be needed for further development.
(2) The department shall provide a list to all fiscal committees of designated parking areas with: (a) Permanent capitol campus FTEs; (b) temporary capitol campus FTEs; (c) state agency reserve spaces; (d) state agency vehicles; (e) state agency motor pool vehicles; and (f) nonstate agency vehicles. The department shall also provide a prioritized list of parking spaces that ranks campus FTEs as the highest priority. Other parking locations in Thurston county may also be considered.
Appropriation:
Thurston County Capital Facilities Account—State............ $250,000
Prior Biennia (Expenditures)........................................................... $0
Future Biennia (Projected Costs)..................................................... $0
TOTAL......................................................... $250,000
NEW SECTION. Sec. 1108. FOR THE DEPARTMENT OF ENTERPRISE SERVICES
Utilities & Transportation Commission Building (91000432)
The appropriations in this section are subject to the following conditions and limitations: The appropriations in this section are provided solely for predesign, which may also serve as bridging documents, design, competition honoraria, project management, and other planning activities including permits. The building must be delivered using design build, as defined by chapter 39.10 RCW with a guarantee for energy, operations, and maintenance performance. The term for performance guarantee must not be less than one year. The state may use state employees for services not related to building performance. Criteria for selecting the design build contractor must include life-cycle costs, energy costs, or energy use index. Contractors, and architectural and engineering firms may be eligible for additional points during the scoring process if they have experience with the state agency, or if they are considered a small business. The building must be built using sustainable building standards as defined in section 7008 of this act. The project will be alternatively financed as authorized in section 7002 of this act.
Appropriation:
Public Service Revolving Account—State........................ $2,000,000
Enterprise Services Account—State.................................. $3,000,000
Subtotal Appropriation.............................. $5,000,000
Prior Biennia (Expenditures)........................................................... $0
Future Biennia (Projected Costs)..................................................... $0
TOTAL...................................................... $5,000,000
NEW SECTION. Sec. 1109. FOR THE DEPARTMENT OF ENTERPRISE SERVICES
1063 Block Replacement (91000016)
The reappropriation in this section is subject to the following conditions and limitations: The reappropriation is subject to the provisions of section 1109, chapter 19, Laws of 2013 2nd sp. sess., except that the building will be alternatively financed as authorized by and subject to the conditions of section 7002 of this act.
Reappropriation:
State Building Construction Account—State.................... $9,138,000
Prior Biennia (Expenditures)............................................. $3,862,000
Future Biennia (Projected Costs)..................................................... $0
TOTAL.................................................... $13,000,000
NEW SECTION. Sec. 1110. FOR THE MILITARY DEPARTMENT
Pierce County Readiness Center (30000593)
Reappropriation:
Military Department Capital Account—State................... $2,758,000
State Building Construction Account—State.................... $3,269,000
General Fund—Federal................................................... $24,876,000
Subtotal Reappropriation......................... $30,903,000
Prior Biennia (Expenditures)............................................. $2,698,000
Future Biennia (Projected Costs)..................................................... $0
TOTAL.................................................... $33,601,000
NEW SECTION. Sec. 1111. FOR THE MILITARY DEPARTMENT
Thurston County Readiness Center (30000594)
The reappropriation and appropriations in this section are subject to the following conditions and limitations: The military department shall transfer title of the Olympia armory to the Thurston county boys and girls club when the Thurston county readiness center is completed.
Reappropriation:
State Building Construction Account—State.................... $2,750,000
Appropriation:
State Building Construction Account—State.................... $7,883,000
General Fund—Federal................................................... $34,207,000
Subtotal Appropriation............................ $42,090,000
Prior Biennia (Expenditures).................................................. $50,000
Future Biennia (Projected Costs)..................................................... $0
TOTAL.................................................... $44,890,000
NEW SECTION. Sec. 1112. FOR THE MILITARY DEPARTMENT
Minor Works Preservation - 2013-2015 Biennium (30000602)
Reappropriation:
State Building Construction Account—State....................... $307,000
General Fund—Federal..................................................... $1,082,000
Subtotal Reappropriation........................... $1,389,000
Prior Biennia (Expenditures)............................................. $3,837,000
Future Biennia (Projected Costs)....................................... $2,500,000
TOTAL...................................................... $7,726,000
NEW SECTION. Sec. 1113. FOR THE MILITARY DEPARTMENT
Minor Works Program - 2013-2015 Biennium (30000605)
Reappropriation:
General Fund—Federal..................................................... $8,893,000
Prior Biennia (Expenditures)............................................. $4,032,000
Future Biennia (Projected Costs)..................................................... $0
TOTAL.................................................... $12,925,000
NEW SECTION. Sec. 1114. FOR THE MILITARY DEPARTMENT
Minor Works Preservation - 2015-2017 Biennium (30000702)
Appropriation:
State Building Construction Account—State.................... $7,267,000
General Fund—Federal................................................... $10,195,000
Subtotal Appropriation............................ $17,462,000
Prior Biennia (Expenditures)........................................................... $0
Future Biennia (Projected Costs)..................................................... $0
TOTAL.................................................... $17,462,000
NEW SECTION. Sec. 1115. FOR THE MILITARY DEPARTMENT
Minor Works Program - 2015-2017 Biennium (30000744)
Appropriation:
State Building Construction Account—State.................... $5,163,000
General Fund—Federal................................................... $15,953,000
Subtotal Appropriation............................ $21,116,000
Prior Biennia (Expenditures)........................................................... $0
Future Biennia (Projected Costs)..................................................... $0
TOTAL.................................................... $21,116,000
NEW SECTION. Sec. 1116. FOR THE MILITARY DEPARTMENT
Montesano Readiness Center Roof Replacement and Tenant Improvements (30000805)
Appropriation:
General Fund—Federal..................................................... $1,500,000
State Building Construction Account—State.................... $3,750,000
Subtotal Appropriation.............................. $5,250,000
Prior Biennia (Expenditures)........................................................... $0
Future Biennia (Projected Costs)..................................................... $0
TOTAL...................................................... $5,250,000
NEW SECTION. Sec. 1117. FOR THE DEPARTMENT OF ARCHAEOLOGY AND HISTORIC PRESERVATION
Historic County Courthouse Grants Program (30000010)
Appropriation:
State Building Construction Account—State.................... $1,500,000
Prior Biennia (Expenditures)........................................................... $0
Future Biennia (Projected Costs)..................................... $10,400,000
TOTAL.................................................... $11,900,000
NEW SECTION. Sec. 1118. FOR THE DEPARTMENT OF ARCHAEOLOGY AND HISTORIC PRESERVATION
Historic Courthouse Preservation Grants (92000001)
Reappropriation:
State Building Construction Account—State.................... $1,696,000
Prior Biennia (Expenditures)................................................ $304,000
Future Biennia (Projected Costs)..................................................... $0
TOTAL...................................................... $2,000,000
NEW SECTION. Sec. 1119. FOR THE DEPARTMENT OF ARCHAEOLOGY AND HISTORIC PRESERVATION
Heritage Barn Preservation Program (92000002)
Reappropriation:
State Building Construction Account—State....................... $256,000
Prior Biennia (Expenditures)................................................ $244,000
Future Biennia (Projected Costs)..................................................... $0
TOTAL......................................................... $500,000
PART 2
HUMAN SERVICES
NEW SECTION. Sec. 2001. FOR THE DEPARTMENT OF SOCIAL AND HEALTH SERVICES
Naselle Youth Camp - Three Cottages: Renovation (20081222)
Reappropriation:
State Building Construction Account—State.................... $1,703,000
Prior Biennia (Expenditures)................................................ $197,000
Future Biennia (Projected Costs)..................................................... $0
TOTAL...................................................... $1,900,000
NEW SECTION. Sec. 2002. FOR THE DEPARTMENT OF SOCIAL AND HEALTH SERVICES
Western State Hospital New Kitchen and Commissary Building (20081319)
Appropriation:
State Building Construction Account—State.................. $27,600,000
Prior Biennia (Expenditures)................................................ $828,000
Future Biennia (Projected Costs)..................................................... $0
TOTAL.................................................... $28,428,000
NEW SECTION. Sec. 2003. FOR THE DEPARTMENT OF SOCIAL AND HEALTH SERVICES
Medical Lake Campus - Laundry Building: New Construction (20082371)
Appropriation:
State Building Construction Account—State....................... $150,000
Prior Biennia (Expenditures)........................................................... $0
Future Biennia (Projected Costs)..................................... $10,100,000
TOTAL.................................................... $10,250,000
NEW SECTION. Sec. 2004. FOR THE DEPARTMENT OF SOCIAL AND HEALTH SERVICES
Minor Works Preservation Projects: Statewide (91000037)
Appropriation:
State Building Construction Account—State.................. $14,100,000
Prior Biennia (Expenditures)........................................................... $0
Future Biennia (Projected Costs)..................................................... $0
TOTAL.................................................... $14,100,000
NEW SECTION. Sec. 2005. FOR THE DEPARTMENT OF SOCIAL AND HEALTH SERVICES
Fircrest School Electrical Service Rehabilitation (30000415)
The appropriation in this section is provided solely for electrical service rehabilitation and improvements on campus. The department of social and health services will also coordinate with the department of health to install a new and separate electrical service for the public health laboratory.
Appropriation:
State Building Construction Account—State.................... $5,200,000
Prior Biennia (Expenditures)........................................................... $0
Future Biennia (Projected Costs)..................................................... $0
TOTAL...................................................... $5,200,000
NEW SECTION. Sec. 2006. FOR THE DEPARTMENT OF SOCIAL AND HEALTH SERVICES
Minor Works Program Projects: Statewide (30001859)
Appropriation:
State Building Construction Account—State....................... $755,000
Prior Biennia (Expenditures)........................................................... $0
Future Biennia (Projected Costs)..................................... $20,000,000
TOTAL.................................................... $20,755,000
NEW SECTION. Sec. 2007. FOR THE DEPARTMENT OF SOCIAL AND HEALTH SERVICES
Minor Works Preservation Projects: Statewide (30002235)
Reappropriation:
State Building Construction Account—State.................... $4,000,000
Prior Biennia (Expenditures)........................................... $10,155,000
Future Biennia (Projected Costs)..................................................... $0
TOTAL.................................................... $14,155,000
NEW SECTION. Sec. 2008. FOR THE DEPARTMENT OF SOCIAL AND HEALTH SERVICES
Child Study and Treatment Center - Orcas: Acute Treatment Addition (30002733)
Appropriation:
State Building Construction Account—State.................... $1,100,000
Prior Biennia (Expenditures)........................................................... $0
Future Biennia (Projected Costs)..................................................... $0
TOTAL...................................................... $1,100,000
NEW SECTION. Sec. 2009. FOR THE DEPARTMENT OF SOCIAL AND HEALTH SERVICES
Western State Hospital - South Hall: Building Systems Replacement (30002735)
Appropriation:
Charitable, Educational, Penal, and Reformatory
Institutions Account—State....................................... $4,450,000
Prior Biennia (Expenditures)........................................................... $0
Future Biennia (Projected Costs)..................................................... $0
TOTAL...................................................... $4,450,000
NEW SECTION. Sec. 2010. FOR THE DEPARTMENT OF SOCIAL AND HEALTH SERVICES
Echo Glen - Housing Unit: Acute Mental Health Unit (30002736)
Appropriation:
State Building Construction Account—State.................... $4,950,000
Prior Biennia (Expenditures)........................................................... $0
Future Biennia (Projected Costs)..................................................... $0
TOTAL...................................................... $4,950,000
NEW SECTION. Sec. 2011. FOR THE DEPARTMENT OF SOCIAL AND HEALTH SERVICES
Eastern State Hospital - Westlake: Nurse Call System (30002739)
Appropriation:
State Building Construction Account—State.................... $1,200,000
Prior Biennia (Expenditures)........................................................... $0
Future Biennia (Projected Costs)..................................................... $0
TOTAL...................................................... $1,200,000
NEW SECTION. Sec. 2012. FOR THE DEPARTMENT OF SOCIAL AND HEALTH SERVICES
Yakima Valley School - Main Building: Roofing Replacement (30002742)
Appropriation:
State Building Construction Account—State.................... $1,500,000
Prior Biennia (Expenditures)........................................................... $0
Future Biennia (Projected Costs)..................................................... $0
TOTAL...................................................... $1,500,000
NEW SECTION. Sec. 2013. FOR THE DEPARTMENT OF SOCIAL AND HEALTH SERVICES
Green Hill School: New Acute Mental Health Unit (30002745)
Appropriation:
State Building Construction Account—State.................... $4,950,000
Prior Biennia (Expenditures)........................................................... $0
Future Biennia (Projected Costs)..................................................... $0
TOTAL...................................................... $4,950,000
NEW SECTION. Sec. 2014. FOR THE DEPARTMENT OF SOCIAL AND HEALTH SERVICES
Western State Hospital - Forensic Services: Two Wards Addition (30002765)
Appropriation:
State Building Construction Account—State.................... $1,800,000
Prior Biennia (Expenditures)........................................................... $0
Future Biennia (Projected Costs)..................................... $20,700,000
TOTAL.................................................... $22,500,000
NEW SECTION. Sec. 2015. FOR THE DEPARTMENT OF SOCIAL AND HEALTH SERVICES
Western State Hospital - East Campus: Psychiatric Intensive Care Unit and Competency Restoration (30002773)
Appropriation:
State Building Construction Account—State.................... $2,200,000
Prior Biennia (Expenditures)........................................................... $0
Future Biennia (Projected Costs)..................................................... $0
TOTAL...................................................... $2,200,000
NEW SECTION. Sec. 2016. FOR THE DEPARTMENT OF SOCIAL AND HEALTH SERVICES
Eastern State Hospital - Water System: Improvements (30003215)
Appropriation:
State Building Construction Account—State.................... $2,115,000
Prior Biennia (Expenditures)........................................................... $0
Future Biennia (Projected Costs)..................................................... $0
TOTAL...................................................... $2,115,000
NEW SECTION. Sec. 2017. FOR THE DEPARTMENT OF SOCIAL AND HEALTH SERVICES
Western State Hospital - South Hall: Wards Preservation and Renewal (30003240)
Appropriation:
State Building Construction Account—State.................... $1,350,000
Prior Biennia (Expenditures)........................................................... $0
Future Biennia (Projected Costs)..................................................... $0
TOTAL...................................................... $1,350,000
NEW SECTION. Sec. 2018. FOR THE DEPARTMENT OF SOCIAL AND HEALTH SERVICES
Special Commitment Center: Kitchen and Dining Room Upgrades (20081506)
Appropriation:
State Building Construction Account—State.................... $3,760,000
Prior Biennia (Expenditures)........................................................... $0
Future Biennia (Projected Costs)..................................................... $0
TOTAL...................................................... $3,760,000
NEW SECTION. Sec. 2019. FOR THE DEPARTMENT OF SOCIAL AND HEALTH SERVICES
Western State Hospital - East Campus: Wards Preservation and Renewal (30003241)
Appropriation:
State Building Construction Account—State.................... $1,600,000
Prior Biennia (Expenditures)........................................................... $0
Future Biennia (Projected Costs)..................................................... $0
TOTAL...................................................... $1,600,000
NEW SECTION. Sec. 2020. FOR THE DEPARTMENT OF SOCIAL AND HEALTH SERVICES
Western State Hospital - East Campus: Building Systems Replacement (30003244)
Appropriation:
State Building Construction Account—State.................... $3,600,000
Prior Biennia (Expenditures)........................................................... $0
Future Biennia (Projected Costs)..................................................... $0
TOTAL...................................................... $3,600,000
NEW SECTION. Sec. 2021. FOR THE DEPARTMENT OF SOCIAL AND HEALTH SERVICES
Eastern State Hospital and Western State Hospital - All Wards: Patient Safety Improvements (91000019)
Reappropriation:
Charitable, Educational, Penal, and Reformatory
Institutions Account—State....................................... $2,000,000
Appropriation:
Charitable, Educational, Penal, and Reformatory
Institutions Account—State....................................... $2,569,000
Prior Biennia (Expenditures)............................................. $2,800,000
Future Biennia (Projected Costs)....................................... $3,180,000
TOTAL.................................................... $10,549,000
NEW SECTION. Sec. 2022. FOR THE DEPARTMENT OF HEALTH
Newborn Screening Wing Addition (30000301)
Appropriation:
State Building Construction Account—State.................... $3,049,000
Prior Biennia (Expenditures)........................................................... $0
Future Biennia (Projected Costs)..................................................... $0
TOTAL...................................................... $3,049,000
NEW SECTION. Sec. 2023. FOR THE DEPARTMENT OF HEALTH
Newborn Screening Lab Conversion (30000302)
Appropriation:
State Building Construction Account—State.................... $1,141,000
Prior Biennia (Expenditures)........................................................... $0
Future Biennia (Projected Costs)..................................................... $0
TOTAL...................................................... $1,141,000
NEW SECTION. Sec. 2024. FOR THE DEPARTMENT OF HEALTH
Minor Works - Program (30000315)
Appropriation:
State Building Construction Account—State....................... $322,000
Prior Biennia (Expenditures)........................................................... $0
Future Biennia (Projected Costs)..................................................... $0
TOTAL......................................................... $322,000
NEW SECTION. Sec. 2025. FOR THE DEPARTMENT OF HEALTH
Drinking Water Assistance Program (30000323)
Reappropriation:
Drinking Water Assistance Account—Federal............... $23,225,000
Prior Biennia (Expenditures)............................................. $5,575,000
Future Biennia (Projected Costs)..................................................... $0
TOTAL.................................................... $28,800,000
NEW SECTION. Sec. 2026. FOR THE DEPARTMENT OF HEALTH
Minor Works - Facility Preservation (30000328)
Appropriation:
State Building Construction Account—State....................... $277,000
Prior Biennia (Expenditures)........................................................... $0
Future Biennia (Projected Costs)..................................................... $0
TOTAL......................................................... $277,000
NEW SECTION. Sec. 2027. FOR THE DEPARTMENT OF HEALTH
Drinking Water Preconstruction Loans (30000334)
Appropriation:
Drinking Water Assistance Repayment Account—State.. $6,000,000
Prior Biennia (Expenditures)........................................................... $0
Future Biennia (Projected Costs)..................................... $24,000,000
TOTAL.................................................... $30,000,000
NEW SECTION. Sec. 2028. FOR THE DEPARTMENT OF HEALTH
Drinking Water Assistance Program (30000336)
Appropriation:
Drinking Water Assistance Account—Federal............... $32,000,000
Prior Biennia (Expenditures)........................................................... $0
Future Biennia (Projected Costs)................................... $128,000,000
TOTAL.................................................. $160,000,000
NEW SECTION. Sec. 2029. FOR THE DEPARTMENT OF HEALTH
Safe Reliable Drinking Water Grants (92000002)
Reappropriation:
State Building Construction Account—State.................... $1,428,000
Prior Biennia (Expenditures)........................................... $10,210,000
Future Biennia (Projected Costs)..................................................... $0
TOTAL.................................................... $11,638,000
NEW SECTION. Sec. 2030. FOR THE DEPARTMENT OF VETERANS AFFAIRS
Walla Walla Nursing Facility (20082008)
Reappropriation:
State Building Construction Account—State.................. $14,357,000
General Fund—Federal................................................... $24,000,000
Subtotal Reappropriation......................... $38,357,000
Prior Biennia (Expenditures)............................................. $2,568,000
Future Biennia (Projected Costs)..................................................... $0
TOTAL.................................................... $40,925,000
NEW SECTION. Sec. 2031. FOR THE DEPARTMENT OF VETERANS AFFAIRS
Minor Works Facilities Preservation (30000094)
Reappropriation:
State Building Construction Account—State....................... $675,000
Prior Biennia (Expenditures)................................................ $638,000
Future Biennia (Projected Costs)..................................................... $0
TOTAL...................................................... $1,313,000
NEW SECTION. Sec. 2032. FOR THE DEPARTMENT OF VETERANS AFFAIRS
Feasibility Study/Predesign for Washington Soldiers Home Skilled Nursing Replacement (30000090)
Appropriation:
Charitable, Educational, Penal, and Reformatory
Institutions Account—State.......................................... $125,000
Prior Biennia (Expenditures)........................................................... $0
Future Biennia (Projected Costs)..................................................... $0
TOTAL......................................................... $125,000
NEW SECTION. Sec. 2033. FOR THE DEPARTMENT OF VETERANS AFFAIRS
Minor Works Facilities Preservation (30000174)
Appropriation:
State Building Construction Account—State.................... $3,095,000
Prior Biennia (Expenditures)........................................................... $0
Future Biennia (Projected Costs)....................................... $9,690,000
TOTAL.................................................... $12,785,000
NEW SECTION. Sec. 2034. FOR THE DEPARTMENT OF VETERANS AFFAIRS
South Central Washington State Veterans Cemetery Feasibility (30000151)
Appropriation:
Charitable, Educational, Penal, and Reformatory
Institutions Account—State.......................................... $100,000
Prior Biennia (Expenditures)........................................................... $0
Future Biennia (Projected Costs)..................................................... $0
TOTAL......................................................... $100,000
NEW SECTION. Sec. 2035. FOR THE DEPARTMENT OF VETERANS AFFAIRS
Eastern Washington Cemetery Upgrade (30000152)
Appropriation:
State Building Construction Account—State....................... $270,000
General Fund—Federal..................................................... $2,422,000
Subtotal Appropriation.............................. $2,692,000
Prior Biennia (Expenditures)........................................................... $0
Future Biennia (Projected Costs)..................................................... $0
TOTAL...................................................... $2,692,000
NEW SECTION. Sec. 2036. FOR THE DEPARTMENT OF CORRECTIONS
Monroe Correctional Complex: Close Sewer Lagoon (20082022)
Reappropriation:
State Building Construction Account—State....................... $214,000
Appropriation:
State Building Construction Account—State.................... $8,801,000
Prior Biennia (Expenditures)............................................. $1,177,000
Future Biennia (Projected Costs)..................................................... $0
TOTAL.................................................... $10,192,000
NEW SECTION. Sec. 2037. FOR THE DEPARTMENT OF CORRECTIONS
Washington Corrections Center: Transformers and Switches (30000143)
Appropriation:
State Building Construction Account—State....................... $150,000
Prior Biennia (Expenditures)........................................................... $0
Future Biennia (Projected Costs)..................................... $12,699,000
TOTAL.................................................... $12,849,000
NEW SECTION. Sec. 2038. FOR THE DEPARTMENT OF CORRECTIONS
Washington Corrections Center: Roof and Equipment Replacement (30000195)
Appropriation:
State Building Construction Account—State.................... $5,658,000
Prior Biennia (Expenditures)........................................................... $0
Future Biennia (Projected Costs)..................................................... $0
TOTAL...................................................... $5,658,000
NEW SECTION. Sec. 2039. FOR THE DEPARTMENT OF CORRECTIONS
Clallam Bay Corrections Center: MSC and Rec Building Roofs (30000548)
Appropriation:
State Building Construction Account—State.................... $1,808,000
Prior Biennia (Expenditures)........................................................... $0
Future Biennia (Projected Costs)..................................................... $0
TOTAL...................................................... $1,808,000
NEW SECTION. Sec. 2040. FOR THE DEPARTMENT OF CORRECTIONS
Airway Heights Corrections Center: CI Food Factory Remodel (30000567)
Appropriation:
State Building Construction Account—State.................... $2,163,000
Prior Biennia (Expenditures)........................................................... $0
Future Biennia (Projected Costs)..................................................... $0
TOTAL...................................................... $2,163,000
NEW SECTION. Sec. 2041. FOR THE DEPARTMENT OF CORRECTIONS
Monroe Correctional Complex: WSR Replace Fire Alarm System (30000724)
Reappropriation:
State Building Construction Account—State.................... $2,001,000
Prior Biennia (Expenditures)................................................ $615,000
Future Biennia (Projected Costs)..................................................... $0
TOTAL...................................................... $2,616,000
NEW SECTION. Sec. 2042. FOR THE DEPARTMENT OF CORRECTIONS
Airway Heights Corrections Center: Replace Fire Alarm System (30000725)
Reappropriation:
State Building Construction Account—State.................... $1,950,000
Prior Biennia (Expenditures)............................................. $1,449,000
Future Biennia (Projected Costs)..................................................... $0
TOTAL...................................................... $3,399,000
NEW SECTION. Sec. 2043. FOR THE DEPARTMENT OF CORRECTIONS
Airway Heights Corrections Center: Security Electronics Renovations (30000726)
Reappropriation:
State Building Construction Account—State.................... $3,830,000
Prior Biennia (Expenditures)............................................. $1,217,000
Future Biennia (Projected Costs)..................................................... $0
TOTAL...................................................... $5,047,000
NEW SECTION. Sec. 2044. FOR THE DEPARTMENT OF CORRECTIONS
Washington Corrections Center for Women: Replace Fire Alarm System (30000727)
Reappropriation:
State Building Construction Account—State....................... $950,000
Prior Biennia (Expenditures)............................................. $1,699,000
Future Biennia (Projected Costs)..................................................... $0
TOTAL...................................................... $2,649,000
NEW SECTION. Sec. 2045. FOR THE DEPARTMENT OF CORRECTIONS
Monroe Correctional Complex: TRU Support Building Repair Fire Detection System (30000733)
Reappropriation:
State Building Construction Account—State....................... $250,000
Prior Biennia (Expenditures)................................................ $808,000
Future Biennia (Projected Costs)..................................................... $0
TOTAL...................................................... $1,058,000
NEW SECTION. Sec. 2046. FOR THE DEPARTMENT OF CORRECTIONS
Monroe Correctional Complex: TRU Security Video System (30000801)
Reappropriation:
State Building Construction Account—State.................... $2,908,000
Prior Biennia (Expenditures)................................................ $968,000
Future Biennia (Projected Costs)..................................................... $0
TOTAL...................................................... $3,876,000
NEW SECTION. Sec. 2047. FOR THE DEPARTMENT OF CORRECTIONS
Washington Corrections Center: Security Video System (30000791)
Reappropriation:
State Building Construction Account—State.................... $4,363,000
Prior Biennia (Expenditures)............................................. $2,609,000
Future Biennia (Projected Costs)..................................................... $0
TOTAL...................................................... $6,972,000
NEW SECTION. Sec. 2048. FOR THE DEPARTMENT OF CORRECTIONS
Monroe Correctional Complex: WSR Security Video System (30000795)
Reappropriation:
State Building Construction Account—State.................... $3,843,000
Prior Biennia (Expenditures)............................................. $1,390,000
Future Biennia (Projected Costs)..................................................... $0
TOTAL...................................................... $5,233,000
NEW SECTION. Sec. 2049. FOR THE DEPARTMENT OF CORRECTIONS
Minor Works Preservation (30000734)
Reappropriation:
State Building Construction Account—State.................... $1,500,000
Prior Biennia (Expenditures)............................................. $8,600,000
Future Biennia (Projected Costs)..................................................... $0
TOTAL.................................................... $10,100,000
NEW SECTION. Sec. 2050. FOR THE DEPARTMENT OF CORRECTIONS
Clallam Bay Corrections Center: Security Video System (30000800)
Appropriation:
State Building Construction Account—State.................... $6,038,000
Prior Biennia (Expenditures)........................................................... $0
Future Biennia (Projected Costs)..................................................... $0
TOTAL...................................................... $6,038,000
NEW SECTION. Sec. 2051. FOR THE DEPARTMENT OF CORRECTIONS
Washington Corrections Center for Women: Security Video System (30000802)
Reappropriation:
State Building Construction Account—State.................... $2,150,000
Prior Biennia (Expenditures)............................................. $1,271,000
Future Biennia (Projected Costs)..................................................... $0
TOTAL...................................................... $3,421,000
NEW SECTION. Sec. 2052. FOR THE DEPARTMENT OF CORRECTIONS
Monroe Correctional Complex: SOU IMU Security Video (30000803)
Reappropriation:
State Building Construction Account—State.................... $1,806,000
Prior Biennia (Expenditures)................................................ $834,000
Future Biennia (Projected Costs)..................................................... $0
TOTAL...................................................... $2,640,000
NEW SECTION. Sec. 2053. FOR THE DEPARTMENT OF CORRECTIONS
Washington State Penitentiary: Education Building Roof (30000820)
Appropriation:
State Building Construction Account—State.................... $1,525,000
Prior Biennia (Expenditures)........................................................... $0
Future Biennia (Projected Costs)..................................................... $0
TOTAL...................................................... $1,525,000
NEW SECTION. Sec. 2054. FOR THE DEPARTMENT OF CORRECTIONS
Monroe Correctional Complex: MSU Bathroom Renovation (30000975)
Appropriation:
State Building Construction Account—State.................... $1,720,000
Prior Biennia (Expenditures)........................................................... $0
Future Biennia (Projected Costs)..................................................... $0
TOTAL...................................................... $1,720,000
NEW SECTION. Sec. 2055. FOR THE DEPARTMENT OF CORRECTIONS
Statewide: Minor Works - Preservation Projects (30001013)
Appropriation:
State Building Construction Account—State.................. $25,181,000
Prior Biennia (Expenditures)........................................................... $0
Future Biennia (Projected Costs)..................................... $65,095,000
TOTAL.................................................... $90,276,000
NEW SECTION. Sec. 2056. FOR THE DEPARTMENT OF CORRECTIONS
Clallam Bay Corrections Center: Access Road Culvert Replacement and Road Resurfacing (30001078)
Appropriation:
State Building Construction Account—State.................... $1,500,000
Prior Biennia (Expenditures)........................................................... $0
Future Biennia (Projected Costs)..................................................... $0
TOTAL...................................................... $1,500,000
NEW SECTION. Sec. 2057. FOR THE DEPARTMENT OF CORRECTIONS
Washington State Penitentiary: Program and Support Building (30001101)
Appropriation:
State Building Construction Account—State.................... $1,900,000
Prior Biennia (Expenditures)........................................................... $0
Future Biennia (Projected Costs)..................................... $15,014,000
TOTAL.................................................... $16,914,000
NEW SECTION. Sec. 2058. FOR THE DEPARTMENT OF CORRECTIONS
Prison Capacity Expansion (30001105)
The appropriation in this section is subject to the following conditions and limitations: The department shall research best practices for treatment of mental illness for offenders, and design and construct the facility to provide this treatment. The department shall also include costs for continuing mental health supervision with community supervision in the predesign. The department may assign minimum security offenders for maintenance or other activities as needed.
Appropriation:
State Building Construction Account—State.................... $5,300,000
Prior Biennia (Expenditures)........................................................... $0
Future Biennia (Projected Costs)................................... $184,000,000
TOTAL.................................................. $189,300,000
NEW SECTION. Sec. 2059. FOR THE CRIMINAL JUSTICE TRAINING COMMISSION
Omnibus Minor Works (30000017)
Appropriation:
State Building Construction Account—State....................... $456,000
Prior Biennia (Expenditures)........................................................... $0
Future Biennia (Projected Costs)..................................................... $0
TOTAL......................................................... $456,000
PART 3
NATURAL RESOURCES
NEW SECTION. Sec. 3001. FOR THE DEPARTMENT OF ECOLOGY
Water Supply Facilities (19742006)
Reappropriation:
State and Local Improvements Revolving Account (Water
Supply Facilities)—State.............................................. $345,000
Prior Biennia (Expenditures)........................................... $20,205,000
Future Biennia (Projected Costs)..................................................... $0
TOTAL.................................................... $20,550,000
NEW SECTION. Sec. 3002. FOR THE DEPARTMENT OF ECOLOGY
Low-Level Nuclear Waste Disposal Trench Closure (19972012)
Reappropriation:
Site Closure Account—State........................................... $10,917,000
Appropriation:
Site Closure Account—State............................................. $3,675,000
Prior Biennia (Expenditures)............................................. $4,516,000
Future Biennia (Projected Costs)..................................................... $0
TOTAL.................................................... $19,108,000
NEW SECTION. Sec. 3003. FOR THE DEPARTMENT OF ECOLOGY
Twin Lake Aquifer Recharge Project (20042951)
Reappropriation:
State Building Construction Account—State....................... $156,000
Prior Biennia (Expenditures)................................................ $594,000
Future Biennia (Projected Costs)..................................................... $0
TOTAL......................................................... $750,000
NEW SECTION. Sec. 3004. FOR THE DEPARTMENT OF ECOLOGY
Water Supply Facilities (20044006)
Reappropriation:
State and Local Improvements Revolving Account (Water
Supply Facilities)—State................................................ $50,000
Prior Biennia (Expenditures)........................................... $13,468,000
Future Biennia (Projected Costs)..................................................... $0
TOTAL.................................................... $13,518,000
NEW SECTION. Sec. 3005. FOR THE DEPARTMENT OF ECOLOGY
Quad Cities Water Right Mitigation (20052852)
Reappropriation:
State Building Construction Account—State....................... $421,000
Prior Biennia (Expenditures)............................................. $1,179,000
Future Biennia (Projected Costs)..................................................... $0
TOTAL...................................................... $1,600,000
NEW SECTION. Sec. 3006. FOR THE DEPARTMENT OF ECOLOGY
Watershed Plan Implementation and Flow Achievement (20062003)
The reappropriation in this section is subject to the following conditions and limitations: The reappropriation is subject to the provisions in section 136, chapter 371, Laws of 2006.
Reappropriation:
State Building Construction Account—State....................... $317,000
Prior Biennia (Expenditures)........................................... $12,483,000
Future Biennia (Projected Costs)..................................................... $0
TOTAL.................................................... $12,800,000
NEW SECTION. Sec. 3007. FOR THE DEPARTMENT OF ECOLOGY
Columbia River Basin Water Supply Development Program (20062950)
The reappropriations in this section are subject to the following conditions and limitations: The reappropriations are subject to the provisions of section 3008, chapter 49, Laws of 2011 1st sp. sess.
Reappropriation:
Columbia River Basin Taxable Bond Water Supply
Development Account—State................................... $1,770,000
Columbia River Basin Water Supply Development Account—
State........................................................................... $6,075,000
Subtotal Reappropriation........................... $7,845,000
Prior Biennia (Expenditures)........................................... $83,655,000
Future Biennia (Projected Costs)..................................................... $0
TOTAL.................................................... $91,500,000
NEW SECTION. Sec. 3008. FOR THE DEPARTMENT OF ECOLOGY
Transfer of Water Rights for Cabin Owners (20081951)
Reappropriation:
State Building Construction Account—State....................... $161,000
Prior Biennia (Expenditures)................................................ $289,000
Future Biennia (Projected Costs)..................................................... $0
TOTAL......................................................... $450,000
NEW SECTION. Sec. 3009. FOR THE DEPARTMENT OF ECOLOGY
Remedial Action Grants (20084008)
Reappropriation:
State Building Construction Account—State.................. $11,754,000
Prior Biennia (Expenditures)........................................... $81,121,000
Future Biennia (Projected Costs)..................................................... $0
TOTAL.................................................... $92,875,000
NEW SECTION. Sec. 3010. FOR THE DEPARTMENT OF ECOLOGY
Centennial Clean Water Program (20084010)
Reappropriation:
State Building Construction Account—State....................... $221,000
Water Quality Capital Account—State.................................. $43,000
State Toxics Control Account—State.................................. $570,000
Subtotal Reappropriation.............................. $834,000
Prior Biennia (Expenditures)........................................... $66,036,000
Future Biennia (Projected Costs)..................................................... $0
TOTAL.................................................... $66,870,000
NEW SECTION. Sec. 3011. FOR THE DEPARTMENT OF ECOLOGY
Water Pollution Control Loan Program (20084011)
Reappropriation:
Water Pollution Control Revolving Account—State...... $14,581,000
Prior Biennia (Expenditures)......................................... $125,419,000
Future Biennia (Projected Costs)..................................................... $0
TOTAL.................................................. $140,000,000
NEW SECTION. Sec. 3012. FOR THE DEPARTMENT OF ECOLOGY
Yakima River Basin Water Storage Feasibility Study (20084026)
The reappropriation in this section is subject to the following conditions and limitations: The reappropriation is subject to the provisions in section 3035, chapter 497, Laws of 2009.
Reappropriation:
State Building Construction Account—State......................... $82,000
Prior Biennia (Expenditures)............................................. $5,168,000
Future Biennia (Projected Costs)..................................................... $0
TOTAL...................................................... $5,250,000
NEW SECTION. Sec. 3013. FOR THE DEPARTMENT OF ECOLOGY
Watershed Plan Implementation and Flow Achievement (20084029)
The reappropriation in this section is subject to the following conditions and limitations: The reappropriation is subject to the provisions in section 3054, chapter 520, Laws of 2007.
Reappropriation:
State Building Construction Account—State.................... $1,456,000
Prior Biennia (Expenditures)........................................... $12,544,000
Future Biennia (Projected Costs)..................................................... $0
TOTAL.................................................... $14,000,000
NEW SECTION. Sec. 3014. FOR THE DEPARTMENT OF ECOLOGY
Water Pollution Control Revolving Fund Program (30000007)
Reappropriation:
Water Pollution Control Revolving Account—Federal
ARRA........................................................................... $766,000
Water Pollution Control Revolving Account—State........ $3,970,000
Subtotal Reappropriation........................... $4,736,000
Prior Biennia (Expenditures)......................................... $173,964,000
Future Biennia (Projected Costs)..................................................... $0
TOTAL.................................................. $178,700,000
NEW SECTION. Sec. 3015. FOR THE DEPARTMENT OF ECOLOGY
Centennial Clean Water Program (30000008)
Reappropriation:
State Building Construction Account—State.................... $3,838,000
Prior Biennia (Expenditures)........................................... $26,162,000
Future Biennia (Projected Costs)..................................................... $0
TOTAL.................................................... $30,000,000
NEW SECTION. Sec. 3016. FOR THE DEPARTMENT OF ECOLOGY
Watershed Plan Implementation and Flow Achievement (30000028)
Reappropriation:
State Building Construction Account—State....................... $715,000
Prior Biennia (Expenditures)............................................. $5,285,000
Future Biennia (Projected Costs)..................................................... $0
TOTAL...................................................... $6,000,000
NEW SECTION. Sec. 3017. FOR THE DEPARTMENT OF ECOLOGY
Kittitas Groundwater Study (30000029)
The reappropriation in this section is subject to the following conditions and limitations: The reappropriation is subject to the provisions in section 3001, chapter 36, Laws of 2010 1st sp. sess.
Reappropriation:
State and Local Improvements Revolving Account (Water
Supply Facilities)—State................................................ $76,000
Prior Biennia (Expenditures)................................................ $624,000
Future Biennia (Projected Costs)..................................................... $0
TOTAL......................................................... $700,000
NEW SECTION. Sec. 3018. FOR THE DEPARTMENT OF ECOLOGY
Remedial Action Grant Program (30000039)
The reappropriations in this section are subject to the following conditions and limitations: The reappropriations are subject to the provisions of section 3006, chapter 36, Laws of 2010 1st sp. sess.
Reappropriation:
State Building Construction Account—State.................... $1,327,000
Local Toxics Control Account—State.............................. $9,165,000
Subtotal Reappropriation......................... $10,492,000
Prior Biennia (Expenditures)........................................... $65,419,000
Future Biennia (Projected Costs)..................................................... $0
TOTAL.................................................... $75,911,000
NEW SECTION. Sec. 3019. FOR THE DEPARTMENT OF ECOLOGY
Water Pollution Control Revolving Fund Program (30000142)
Reappropriation:
Water Pollution Control Revolving Account—Federal.... $1,792,000
Water Pollution Control Revolving Account—State...... $21,050,000
Subtotal Reappropriation......................... $22,842,000
Prior Biennia (Expenditures)........................................... $14,158,000
Future Biennia (Projected Costs)..................................................... $0
TOTAL.................................................... $37,000,000
NEW SECTION. Sec. 3020. FOR THE DEPARTMENT OF ECOLOGY
Clean Up Toxics Sites - Puget Sound (30000144)
The reappropriations in this section are subject to the following conditions and limitations: The reappropriations are subject to the provisions of section 3021, chapter 48, Laws of 2011 1st sp. sess.
Reappropriation:
Cleanup Settlement Account—State................................. $1,959,000
State Toxics Control Account—State............................... $3,666,000
Subtotal Reappropriation........................... $5,625,000
Prior Biennia (Expenditures)........................................... $35,573,000
Future Biennia (Projected Costs)..................................................... $0
TOTAL.................................................... $41,198,000
NEW SECTION. Sec. 3021. FOR THE DEPARTMENT OF ECOLOGY
Settlement Funding to Clean Up Toxic Sites (30000145)
Reappropriation:
Cleanup Settlement Account—State.................................... $185,000
Prior Biennia (Expenditures)............................................. $8,315,000
Future Biennia (Projected Costs)..................................................... $0
TOTAL...................................................... $8,500,000
NEW SECTION. Sec. 3022. FOR THE DEPARTMENT OF ECOLOGY
Centennial Clean Water Program (30000208)
The reappropriation in this section is subject to the following conditions and limitations: The reappropriation is subject to the provisions of section 3024, chapter 48, Laws of 2011 1st sp. sess.
Reappropriation:
State Toxics Control Account—State............................. $12,341,000
Prior Biennia (Expenditures)........................................... $21,759,000
Future Biennia (Projected Costs)..................................................... $0
TOTAL.................................................... $34,100,000
NEW SECTION. Sec. 3023. FOR THE DEPARTMENT OF ECOLOGY
Water Pollution Control Revolving Fund Program (30000209)
Reappropriation:
Water Pollution Control Revolving Account—Federal.. $51,095,000
Water Pollution Control Revolving Account—State...... $85,631,000
Subtotal Reappropriation....................... $136,726,000
Prior Biennia (Expenditures)........................................... $55,418,000
Future Biennia (Projected Costs)..................................................... $0
TOTAL.................................................. $192,144,000
NEW SECTION. Sec. 3024. FOR THE DEPARTMENT OF ECOLOGY
Watershed Plan Implementation and Flow Achievement (30000213)
The reappropriation in this section is subject to the following conditions and limitations: The reappropriation is subject to the provisions of section 3030, chapter 49, Laws of 2011 1st sp. sess.
Reappropriation:
State Building Construction Account—State.................... $2,254,000
Prior Biennia (Expenditures)............................................. $5,746,000
Future Biennia (Projected Costs)..................................................... $0
TOTAL...................................................... $8,000,000
NEW SECTION. Sec. 3025. FOR THE DEPARTMENT OF ECOLOGY
Remedial Action Grant Program (30000216)
Reappropriation:
Local Toxics Control Account—State............................ $32,216,000
Prior Biennia (Expenditures)........................................... $31,618,000
Future Biennia (Projected Costs)..................................................... $0
TOTAL.................................................... $63,834,000
NEW SECTION. Sec. 3026. FOR THE DEPARTMENT OF ECOLOGY
Eastern Washington Clean Sites Initiative (30000217)
Reappropriation:
State Toxics Control Account—State............................... $2,117,000
Prior Biennia (Expenditures)............................................. $3,883,000
Future Biennia (Projected Costs)..................................................... $0
TOTAL...................................................... $6,000,000
NEW SECTION. Sec. 3027. FOR THE DEPARTMENT OF ECOLOGY
Safe Soils Remediation Program - Central Washington (30000263)
Reappropriation:
State Toxics Control Account—State.................................. $682,000
Prior Biennia (Expenditures)............................................. $3,029,000
Future Biennia (Projected Costs)..................................................... $0
TOTAL...................................................... $3,711,000
NEW SECTION. Sec. 3028. FOR THE DEPARTMENT OF ECOLOGY
Clean Up Toxics Sites - Puget Sound (30000265)
Reappropriation:
State Toxics Control Account—State............................... $1,896,000
Prior Biennia (Expenditures)........................................... $14,504,000
Future Biennia (Projected Costs)..................................................... $0
TOTAL.................................................... $16,400,000
NEW SECTION. Sec. 3029. FOR THE DEPARTMENT OF ECOLOGY
Yakima Basin Integrated Water Management Plan Implementation (30000278)
Reappropriation:
State Building Construction Account—State....................... $208,000
Prior Biennia (Expenditures)............................................. $1,792,000
Future Biennia (Projected Costs)..................................................... $0
TOTAL...................................................... $2,000,000
NEW SECTION. Sec. 3030. FOR THE DEPARTMENT OF ECOLOGY
ASARCO - Tacoma Smelter Plume and Mines (30000280)
Reappropriation:
Cleanup Settlement Account—State................................. $6,841,000
Prior Biennia (Expenditures)........................................... $13,806,000
Future Biennia (Projected Costs)..................................................... $0
TOTAL.................................................... $20,647,000
NEW SECTION. Sec. 3031. FOR THE DEPARTMENT OF ECOLOGY
Padilla Bay Federal Capital Projects (30000282)
Reappropriation:
General Fund—Federal........................................................ $791,000
Prior Biennia (Expenditures).................................................... $9,000
Future Biennia (Projected Costs)..................................................... $0
TOTAL......................................................... $800,000
NEW SECTION. Sec. 3032. FOR THE DEPARTMENT OF ECOLOGY
Coastal Wetlands Federal Funds Administration (30000283)
Reappropriation:
General Fund—Federal................................................... $10,695,000
Prior Biennia (Expenditures)........................................... $12,505,000
Future Biennia (Projected Costs)..................................................... $0
TOTAL.................................................... $23,200,000
NEW SECTION. Sec. 3033. FOR THE DEPARTMENT OF ECOLOGY
Statewide Storm Water Projects (30000294)
The reappropriation in this section is subject to the following conditions and limitations: The reappropriation is subject to the provisions of section 3041, chapter 4, Laws of 2011 1st sp. sess.
Reappropriation:
Local Toxics Control Account—State............................ $14,411,000
Prior Biennia (Expenditures)........................................... $15,589,000
Future Biennia (Projected Costs)..................................................... $0
TOTAL.................................................... $30,000,000
NEW SECTION. Sec. 3034. FOR THE DEPARTMENT OF ECOLOGY
Waste Tire Pile Cleanup and Prevention (30000322)
Reappropriation:
Waste Tire Removal Account—State.................................. $388,000
Prior Biennia (Expenditures)................................................ $612,000
Future Biennia (Projected Costs)..................................................... $0
TOTAL...................................................... $1,000,000
NEW SECTION. Sec. 3035. FOR THE DEPARTMENT OF ECOLOGY
Mercury Switch Removal (30000323)
Reappropriation:
State Toxics Control Account—State.................................. $365,000
Prior Biennia (Expenditures)................................................ $135,000
Future Biennia (Projected Costs)..................................................... $0
TOTAL......................................................... $500,000
NEW SECTION. Sec. 3036. FOR THE DEPARTMENT OF ECOLOGY
Reducing Toxic Diesel Emissions (30000324)
Reappropriation:
State Toxics Control Account—State............................... $2,380,000
Prior Biennia (Expenditures)............................................. $2,120,000
Future Biennia (Projected Costs)..................................................... $0
TOTAL...................................................... $4,500,000
NEW SECTION. Sec. 3037. FOR THE DEPARTMENT OF ECOLOGY
Reducing Toxic Wood Stove Emissions (30000325)
Reappropriation:
State Toxics Control Account—State............................... $2,180,000
Prior Biennia (Expenditures)............................................. $1,820,000
Future Biennia (Projected Costs)..................................................... $0
TOTAL...................................................... $4,000,000
NEW SECTION. Sec. 3038. FOR THE DEPARTMENT OF ECOLOGY
Centennial Clean Water Program (30000326)
The reappropriation in this section is subject to the following conditions and limitations: The reappropriation is subject to the provisions of section 3066, chapter 19, Laws of 2013 2nd sp. sess.
Reappropriation:
Environmental Legacy Stewardship Account—State..... $36,634,000
Prior Biennia (Expenditures)........................................... $13,366,000
Future Biennia (Projected Costs)..................................................... $0
TOTAL.................................................... $50,000,000
NEW SECTION. Sec. 3039. FOR THE DEPARTMENT OF ECOLOGY
Water Pollution Control Revolving Program (30000327)
The reappropriations in this section are subject to the following conditions and limitations: The reappropriations are subject to the provisions of section 3067, chapter 19, Laws of 2013 2nd sp. sess.
Reappropriation:
Water Pollution Control Revolving Account—Federal.. $50,000,000
Water Pollution Control Revolving Account—State.... $184,110,000
Subtotal Reappropriation....................... $234,110,000
Prior Biennia (Expenditures)........................................... $15,890,000
Future Biennia (Projected Costs)..................................................... $0
TOTAL.................................................. $250,000,000
NEW SECTION. Sec. 3040. FOR THE DEPARTMENT OF ECOLOGY
Coastal Wetlands Federal Funds (30000328)
Reappropriation:
General Fund—Federal..................................................... $9,800,000
Prior Biennia (Expenditures)........................................................... $0
Future Biennia (Projected Costs)..................................................... $0
TOTAL...................................................... $9,800,000
NEW SECTION. Sec. 3041. FOR THE DEPARTMENT OF ECOLOGY
Watershed Plan Implementation and Flow Achievement (30000331)
Reappropriation:
State Building Construction Account—State.................... $8,695,000
Prior Biennia (Expenditures)............................................. $1,305,000
Future Biennia (Projected Costs)..................................................... $0
TOTAL.................................................... $10,000,000
NEW SECTION. Sec. 3042. FOR THE DEPARTMENT OF ECOLOGY
Sunnyside Valley Irrigation District Water Conservation (30000332)
Reappropriation:
State Building Construction Account—State.................... $3,048,000
Prior Biennia (Expenditures).................................................... $7,000
Future Biennia (Projected Costs)..................................................... $0
TOTAL...................................................... $3,055,000
NEW SECTION. Sec. 3043. FOR THE DEPARTMENT OF ECOLOGY
Dungeness Water Supply and Mitigation (30000333)
The reappropriation in this section is subject to the following conditions and limitations: The reappropriation is subject to the provisions in section 3082, chapter 19, Laws of 2013 2nd sp. sess.
Reappropriation:
State Building Construction Account—State.................... $2,003,000
Prior Biennia (Expenditures).................................................. $47,000
Future Biennia (Projected Costs)..................................................... $0
TOTAL...................................................... $2,050,000
NEW SECTION. Sec. 3044. FOR THE DEPARTMENT OF ECOLOGY
ASARCO Cleanup (30000334)
The reappropriations in this section are subject to the following conditions and limitations: Up to $400,000 of the reappropriation in this section is provided solely for the department to contract, after a competitive bidding process, for the clean up and remediation of the former Ruston Way tunnel.
Reappropriation:
State Building Construction Account—State....................... $717,000
Cleanup Settlement Account—State............................... $26,672,000
Subtotal Reappropriation......................... $27,389,000
Prior Biennia (Expenditures)............................................. $7,271,000
Future Biennia (Projected Costs)..................................................... $0
TOTAL.................................................... $34,660,000
NEW SECTION. Sec. 3045. FOR THE DEPARTMENT OF ECOLOGY
Padilla Bay Federal Capital Projects - Programmatic (30000335)
Reappropriation:
General Fund—Federal........................................................ $500,000
Prior Biennia (Expenditures)........................................................... $0
Future Biennia (Projected Costs)..................................................... $0
TOTAL......................................................... $500,000
NEW SECTION. Sec. 3046. FOR THE DEPARTMENT OF ECOLOGY
Clean Up Toxics Sites - Puget Sound (30000337)
Reappropriation:
Environmental Legacy Stewardship Account—State..... $19,100,000
Prior Biennia (Expenditures)........................................... $12,400,000
Future Biennia (Projected Costs)..................................................... $0
TOTAL.................................................... $31,500,000
NEW SECTION. Sec. 3047. FOR THE DEPARTMENT OF ECOLOGY
Eastern Washington Clean Sites Initiative (30000351)
Reappropriation:
Environmental Legacy Stewardship Account—State....... $6,735,000
Prior Biennia (Expenditures)............................................. $3,565,000
Future Biennia (Projected Costs)..................................................... $0
TOTAL.................................................... $10,300,000
NEW SECTION. Sec. 3048. FOR THE DEPARTMENT OF ECOLOGY
Columbia River Water Supply Development Program (30000372)
Reappropriation:
Columbia River Basin Water Supply Development Account—
State......................................................................... $16,052,000
Columbia River Basin Taxable Bond Water Supply
Development Account—State................................. $28,113,000
Subtotal Reappropriation......................... $44,165,000
Prior Biennia (Expenditures)........................................... $30,335,000
Future Biennia (Projected Costs)..................................................... $0
TOTAL.................................................... $74,500,000
NEW SECTION. Sec. 3049. FOR THE DEPARTMENT OF ECOLOGY
Local Toxics Grants for Cleanup and Prevention (20064008)
Reappropriation:
State Building Construction Account—State.................... $8,296,000
Prior Biennia (Expenditures)........................................... $90,604,000
Future Biennia (Projected Costs)..................................................... $0
TOTAL.................................................... $98,900,000
NEW SECTION. Sec. 3050. FOR THE DEPARTMENT OF ECOLOGY
Yakima River Basin Water Supply (30000373)
Reappropriation:
State Building Construction Account—State.................. $12,162,000
Prior Biennia (Expenditures)........................................... $19,938,000
Future Biennia (Projected Costs)..................................................... $0
TOTAL.................................................... $32,100,000
NEW SECTION. Sec. 3051. FOR THE DEPARTMENT OF ECOLOGY
Remedial Action Grants (30000374)
Reappropriation:
Local Toxics Control Account—State............................ $45,779,000
Prior Biennia (Expenditures)........................................... $16,758,000
Future Biennia (Projected Costs)..................................................... $0
TOTAL.................................................... $62,537,000
NEW SECTION. Sec. 3052. FOR THE DEPARTMENT OF ECOLOGY
Water Irrigation Efficiencies Program (30000389)
The reappropriation in this section is subject to the following conditions and limitations: The reappropriation is subject to the provisions of section 3080, chapter 19, Laws of 2013 2nd sp. sess.
Reappropriation:
State Building Construction Account—State.................... $3,804,000
Prior Biennia (Expenditures)................................................ $196,000
Future Biennia (Projected Costs)..................................................... $0
TOTAL...................................................... $4,000,000
NEW SECTION. Sec. 3053. FOR THE DEPARTMENT OF ECOLOGY
Coordinated Prevention Grants (CPG) (30000426)
Appropriation:
State Building Construction Account—State.................. $15,000,000
Prior Biennia (Expenditures)........................................................... $0
Future Biennia (Projected Costs)................................... $120,000,000
TOTAL.................................................. $135,000,000
NEW SECTION. Sec. 3054. FOR THE DEPARTMENT OF ECOLOGY
Centennial Clean Water Program (30000427)
The appropriations in this section are subject to the following conditions and limitations:
(1) For projects involving repair, replacement, or improvement of a wastewater treatment plant or other public works facility for which an investment grade efficiency audit is obtainable, the department of ecology must require as a contract condition that the project sponsor undertake an investment grade efficiency audit. The project sponsor may finance the costs of the audit as part of its centennial clean water program grant.
(2) The agency must encourage local government use of federally funded water pollution control infrastructure programs operated by the United States Department of Agriculture - Rural Development.
Appropriation:
State Building Construction Account—State.................. $10,000,000
Local Toxics Control Account—State............................ $10,000,000
Subtotal Appropriation............................ $20,000,000
Prior Biennia (Expenditures)........................................................... $0
Future Biennia (Projected Costs)................................... $160,000,000
TOTAL.................................................. $180,000,000
NEW SECTION. Sec. 3055. FOR THE DEPARTMENT OF ECOLOGY
Reducing Toxic Diesel Emissions (30000428)
Appropriation:
State Toxics Control Account—State............................... $1,000,000
Prior Biennia (Expenditures)........................................................... $0
Future Biennia (Projected Costs)....................................... $8,000,000
TOTAL...................................................... $9,000,000
NEW SECTION. Sec. 3056. FOR THE DEPARTMENT OF ECOLOGY
Reducing Toxic Woodstove Emissions (30000429)
Appropriation:
State Toxics Control Account—State............................... $2,000,000
Prior Biennia (Expenditures)........................................................... $0
Future Biennia (Projected Costs)....................................... $8,000,000
TOTAL.................................................... $10,000,000
NEW SECTION. Sec. 3057. FOR THE DEPARTMENT OF ECOLOGY
Swift Creek Natural Asbestos Flood Control and Cleanup (30000430)
Appropriation:
State Building Construction Account—State.................... $3,800,000
Prior Biennia (Expenditures)........................................................... $0
Future Biennia (Projected Costs)..................................... $11,200,000
TOTAL.................................................... $15,000,000
NEW SECTION. Sec. 3058. FOR THE DEPARTMENT OF ECOLOGY
Waste Tire Pile Cleanup and Prevention (30000431)
Appropriation:
Waste Tire Removal Account—State............................... $1,000,000
Prior Biennia (Expenditures)........................................................... $0
Future Biennia (Projected Costs)....................................... $4,000,000
TOTAL...................................................... $5,000,000
NEW SECTION. Sec. 3059. FOR THE DEPARTMENT OF ECOLOGY
Eastern Washington Clean Sites Initiative (30000432)
Appropriation:
State Toxics Control Account—State............................. $11,000,000
Prior Biennia (Expenditures)........................................................... $0
Future Biennia (Projected Costs)..................................... $13,772,000
TOTAL.................................................... $24,772,000
NEW SECTION. Sec. 3060. FOR THE DEPARTMENT OF ECOLOGY
Remedial Action Grants (30000458)
Appropriation:
State Building Construction Account—State.................... $5,000,000
Prior Biennia (Expenditures)........................................................... $0
Future Biennia (Projected Costs)................................... $280,000,000
TOTAL.................................................. $285,000,000
NEW SECTION. Sec. 3061. FOR THE DEPARTMENT OF ECOLOGY
Leaking Tank Model Remedies (30000490)
Appropriation:
State Toxics Control Account—State............................... $2,000,000
Prior Biennia (Expenditures)........................................................... $0
Future Biennia (Projected Costs)....................................... $8,000,000
TOTAL.................................................... $10,000,000
NEW SECTION. Sec. 3062. FOR THE DEPARTMENT OF ECOLOGY
Water Pollution Control Revolving Program (30000534)
The appropriations in this section are subject to the following conditions and limitations:
(1) $6,000,000 of the water pollution control revolving account—state for fiscal year 2016 and $6,000,000 of the water pollution control revolving account—state for fiscal year 2017 is provided solely as state match for federal clean water funds.
(2) For projects involving repair, replacement, or improvement of a wastewater treatment plant or other public works facility for which an investment grade efficiency audit is obtainable, the department of ecology must require as a contract condition that the project sponsor undertake an investment grade efficiency audit. The project sponsor may finance the costs of the audit as part of its water pollution control program loan.
(3) The agency must encourage local government use of federally funded water pollution control infrastructure programs operated by the United States department of agriculture - rural development.
Appropriation:
Water Pollution Control Revolving Account—Federal.. $50,000,000
Water Pollution Control Revolving Account—State.... $141,000,000
Subtotal Appropriation.......................... $191,000,000
Prior Biennia (Expenditures)........................................................... $0
Future Biennia (Projected Costs)................................... $800,000,000
TOTAL.................................................. $991,000,000
NEW SECTION. Sec. 3063. FOR THE DEPARTMENT OF ECOLOGY
Stormwater Financial Assistance Program (30000535)
Appropriation:
Local Toxics Control Account—State.............................. $3,000,000
State Building Construction Account—State.................. $60,000,000
Subtotal Appropriation............................ $63,000,000
Prior Biennia (Expenditures)........................................................... $0
Future Biennia (Projected Costs)................................... $280,000,000
TOTAL.................................................. $343,000,000
NEW SECTION. Sec. 3064. FOR THE DEPARTMENT OF ECOLOGY
Coastal Wetlands Federal Funds (30000536)
Appropriation:
General Fund—Federal................................................... $10,000,000
Prior Biennia (Expenditures)........................................................... $0
Future Biennia (Projected Costs)..................................... $40,000,000
TOTAL.................................................... $50,000,000
NEW SECTION. Sec. 3065. FOR THE DEPARTMENT OF ECOLOGY
Floodplains by Design (30000537)
Appropriation:
State Building Construction Account—State.................. $43,000,000
Prior Biennia (Expenditures)........................................................... $0
Future Biennia (Projected Costs)..................................... $92,000,000
TOTAL.................................................. $135,000,000
NEW SECTION. Sec. 3066. FOR THE DEPARTMENT OF ECOLOGY
ASARCO Cleanup (30000538)
Appropriation:
Cleanup Settlement Account—State............................... $12,146,000
Prior Biennia (Expenditures)........................................................... $0
Future Biennia (Projected Costs)..................................... $67,900,000
TOTAL.................................................... $80,046,000
NEW SECTION. Sec. 3067. FOR THE DEPARTMENT OF ECOLOGY
Cleanup Toxics Sites – Puget Sound (30000542)
Appropriation:
State Toxics Control Account—State............................. $15,000,000
Prior Biennia (Expenditures)........................................................... $0
Future Biennia (Projected Costs)..................................... $72,763,000
TOTAL.................................................... $87,763,000
NEW SECTION. Sec. 3068. FOR THE DEPARTMENT OF ECOLOGY
Water Irrigation Efficiencies Program (30000587)
The appropriation in this section is subject to the following conditions and limitations:
(1) The appropriation is provided solely for technical assistance and grants to conservation districts for the purpose of implementing water conservation measures and irrigation efficiencies. The department of ecology and the state conservation commission shall give preference in order of priority to projects located in the 16 fish critical basins, other water short basins, and basins with significant water resource and instream flow problems. Projects that are not within basins as described in this subsection are also eligible to receive funding.
(2) Conservation districts statewide are eligible for grants listed in subsection (1) of this section. A conservation district receiving funds shall manage each grant to ensure that a portion of the water saved by the water conservation measure or irrigation efficiency will be placed as a purchase or a lease in the trust water rights program to enhance instream flows. The proportion of saved water placed in the trust water rights program must be equal to the percentage of the public investment in the conservation measure or irrigation efficiency. The percentage of the public investment may not exceed eighty-five percent of the total cost of the conservation measure or irrigation efficiency.
(3) Up to $300,000 of the appropriation in this section may be allocated for the purchase and installation of flow meters that are implemented in cooperation with the Washington State Department of Fish and Wildlife fish screening program authorized under RCW 77.57.070.
Appropriation:
State Building Construction Account—State.................... $4,000,000
Prior Biennia (Expenditures)........................................................... $0
Future Biennia (Projected Costs)..................................... $16,000,000
TOTAL.................................................... $20,000,000
NEW SECTION. Sec. 3069. FOR THE DEPARTMENT OF ECOLOGY
Columbia River Water Supply Development Program (30000588)
The appropriations in this section are subject to the following conditions and limitations:
(1) $2,000,000 of the Columbia River basin water supply development account—state is provided solely for the Sullivan Lake water supply project to replace funds that were diverted to fund repairs to the Moses Lake irrigation and reclamation district dam.
(2) $2,000,000 of the Columbia River basin water supply development account—state is provided solely for water conservation projects identified in the coordinated water conservation plan prepared jointly by irrigation districts and the office of Columbia River.
(3) $1,000,000 of the Columbia River basin water supply development account—state is provided solely for Walla Walla integrated planning.
(4) $1,000,000 of the Columbia River basin water supply development account—state is provided solely for the Methow Valley irrigation district instream flow improvement project.
(5) $800,000 of the Columbia River basin water supply development account—state is provided solely for department costs for project management, oversight, technical assistance, financial management and administration related to implementing capital projects.
(6) $1,000,000 of the Columbia River basin water supply revenue recovery account—state is provided solely for water leased from the port of Walla Walla that will be provided by the office of Columbia River on a temporary permit basis to end users.
(7) $1,200,000 of the Columbia River basin water supply revenue recovery account—state is provided solely for a water service contract with the United States bureau of reclamation to provide water from Lake Roosevelt to end users.
Appropriation:
Columbia River Basin Water Supply Revenue Recovery
Account—State.......................................................... $2,200,000
Columbia River Basin Water Supply Development Account—
State........................................................................... $6,800,000
Subtotal Appropriation.............................. $9,000,000
Prior Biennia (Expenditures)........................................................... $0
Future Biennia (Projected Costs)..................................... $19,761,000
TOTAL.................................................... $28,761,000
NEW SECTION. Sec. 3070. FOR THE DEPARTMENT OF ECOLOGY
Sunnyside Valley Irrigation District Water Conservation (30000589)
Appropriation:
State Building Construction Account—State.................... $3,055,000
Prior Biennia (Expenditures)........................................................... $0
Future Biennia (Projected Costs)..................................... $15,600,000
TOTAL.................................................... $18,655,000
NEW SECTION. Sec. 3071. FOR THE DEPARTMENT OF ECOLOGY
Yakima River Basin Water Supply (30000590)
The appropriations in this section are subject to the following conditions and limitations:
(1) $2,200,000 of the state building construction account—state is provided solely for a fish habitat enhancement program to address mainstem and tributary habitat restoration priorities.
(2) $4,900,000 of the state taxable building construction account—bonds is provided solely for a downstream/upstream fish passage facility at the Cle Elum reservoir.
(3) $2,000,000 of the state taxable building construction account—bonds is provided solely for the Keechelus to Kachess pipeline.
(4) $2,900,000 of the state taxable building construction account—bonds is provided solely for the Kachess inactive storage project.
(5) $300,000 of the state taxable building construction account—bonds is provided solely for the Kittitas county aquifer storage and recovery project.
(6) $2,200,000 of the state building construction account—state is provided solely for agricultural conservation projects.
(7) $500,000 of the state building construction account—state is provided solely for water bank/exchange programs.
Appropriation:
State Building Construction Account—State.................... $4,900,000
State Taxable Building Construction
Account—State........................................................ $10,100,000
Subtotal Appropriation............................ $15,000,000
Prior Biennia (Expenditures)........................................... $32,100,000
Future Biennia (Projected Costs)................................... $120,000,000
TOTAL.................................................. $167,100,000
NEW SECTION. Sec. 3072. FOR THE DEPARTMENT OF ECOLOGY
Watershed Plan Implementation and Flow Achievement (30000591)
Appropriation:
State Building Construction Account—State.................... $8,000,000
Prior Biennia (Expenditures)........................................................... $0
Future Biennia (Projected Costs)..................................... $20,000,000
TOTAL.................................................... $28,000,000
NEW SECTION. Sec. 3073. FOR THE DEPARTMENT OF ECOLOGY
Habitat Mitigation (91000007)
Reappropriation:
State Building Construction Account—State.................... $3,051,000
Prior Biennia (Expenditures)............................................. $1,349,000
Future Biennia (Projected Costs)..................................................... $0
TOTAL...................................................... $4,400,000
NEW SECTION. Sec. 3074. FOR THE DEPARTMENT OF ECOLOGY
Clean Up Toxics Sites - Puget Sound (91000032)
Reappropriation:
State Toxics Control Account—State............................... $6,637,000
Prior Biennia (Expenditures)............................................. $2,633,000
Future Biennia (Projected Costs)..................................................... $0
TOTAL...................................................... $9,270,000
NEW SECTION. Sec. 3075. FOR THE DEPARTMENT OF ECOLOGY
FY 2012 Statewide Stormwater Grant Program (91000053)
Reappropriation:
Local Toxics Control Account—State............................ $14,789,000
Prior Biennia (Expenditures)............................................. $9,284,000
Future Biennia (Projected Costs)..................................................... $0
TOTAL.................................................... $24,073,000
NEW SECTION. Sec. 3076. FOR THE DEPARTMENT OF ECOLOGY
Stormwater Retrofit and LID Competitive Grants (91000054)
Reappropriation:
Local Toxics Control Account—State.............................. $6,952,000
Prior Biennia (Expenditures)............................................. $7,511,000
Future Biennia (Projected Costs)..................................................... $0
TOTAL.................................................... $14,463,000
NEW SECTION. Sec. 3077. FOR THE DEPARTMENT OF ECOLOGY
Skagit Mitigation (91000181)
Reappropriation:
State Building Construction Account—State.................... $1,423,000
Prior Biennia (Expenditures)................................................ $802,000
Future Biennia (Projected Costs)..................................................... $0
TOTAL...................................................... $2,225,000
NEW SECTION. Sec. 3078. FOR THE DEPARTMENT OF ECOLOGY
Protect Communities from Flood and Drought (92000002)
Reappropriation:
State Building Construction Account—State....................... $228,000
Prior Biennia (Expenditures)........................................... $14,747,000
Future Biennia (Projected Costs)..................................................... $0
TOTAL.................................................... $14,975,000
NEW SECTION. Sec. 3079. FOR THE DEPARTMENT OF ECOLOGY
Wastewater Treatment and Water Reclamation (92000041)
The reappropriation in this section is subject to the following conditions and limitations: The reappropriation is subject to the provisions of section 3016, chapter 36, Laws of 2010 1st sp. sess.
Reappropriation:
State Building Construction Account—State....................... $151,000
Prior Biennia (Expenditures)............................................. $3,279,000
Future Biennia (Projected Costs)..................................................... $0
TOTAL...................................................... $3,430,000
NEW SECTION. Sec. 3080. FOR THE DEPARTMENT OF ECOLOGY
Flood Levee Improvements (92000057)
The reappropriations in this section are subject to the following conditions and limitations: The reappropriations are subject to the provisions of section 503, chapter 1, Laws of 2012 2nd sp. sess.
Reappropriation:
State Building Construction Account—State....................... $301,000
Local Toxics Control Account—State.............................. $2,510,000
Subtotal Reappropriation........................... $2,811,000
Prior Biennia (Expenditures)............................................. $5,689,000
Future Biennia (Projected Costs)..................................................... $0
TOTAL...................................................... $8,500,000
NEW SECTION. Sec. 3081. FOR THE DEPARTMENT OF ECOLOGY
Ground Water Management Yakima Basin (92000061)
Reappropriation:
Columbia River Basin Water Supply Development Account—
State.............................................................................. $189,000
Prior Biennia (Expenditures)................................................ $261,000
Future Biennia (Projected Costs)..................................................... $0
TOTAL......................................................... $450,000
NEW SECTION. Sec. 3082. FOR THE DEPARTMENT OF ECOLOGY
Storm Water Improvements (92000076)
The reappropriation in this section is subject to the following conditions and limitations: The reappropriation is subject to the provisions of section 3081, chapter 19, Laws of 2013 2nd sp. sess.
Reappropriation:
Environmental Legacy Stewardship Account—State..... $91,456,000
Prior Biennia (Expenditures)............................................. $8,544,000
Future Biennia (Projected Costs)..................................................... $0
TOTAL.................................................. $100,000,000
NEW SECTION. Sec. 3083. FOR THE DEPARTMENT OF ECOLOGY
Floodplain Management and Control Grants (92000078)
The reappropriation in this section is subject to the following conditions and limitations: The reappropriation is subject to the provisions of section 3069, chapter 19, Laws of 2013 2nd sp. sess.
Reappropriation:
State Building Construction Account—State.................. $40,389,000
Prior Biennia (Expenditures)............................................. $9,611,000
Future Biennia (Projected Costs)..................................................... $0
TOTAL.................................................... $50,000,000
NEW SECTION. Sec. 3084. FOR THE DEPARTMENT OF ECOLOGY
Lower Yakima GWMA Program Development (92000085)
Reappropriation:
State Building Construction Account—State.................... $1,614,000
Prior Biennia (Expenditures)........................................................... $0
Future Biennia (Projected Costs)..................................................... $0
TOTAL...................................................... $1,614,000
NEW SECTION. Sec. 3085. FOR THE POLLUTION LIABILITY INSURANCE AGENCY
Underground Storage Tank Capital Program Demonstration and Design (30000001)
The appropriation in this section is subject to the following conditions and limitations:
(1) The appropriation in this section must be used for projects that provide a benefit to the public through removal, replacement or upgrade of underground storage tank fuel systems, retrofit existing systems to disperse renewable or alternative fuels, and cleanup of contamination caused by legacy petroleum releases. All projects must develop and acquire assets that have a useful life of at least thirteen years. These requirements must be specified in funding agreements issued by the agency.
(2)(a) $1,800,000 of the appropriation is provided solely to design a capital financial assistance program to provide underground storage tank owners and operators with financial resources to remove, replace or upgrade underground storage tank fuel systems, retrofit existing systems to disperse renewable or alternative fuels, and to clean up contamination caused by legacy petroleum releases.
(b) The design must:
(i) Assess options for program structure and administration, and develop a recommended program design, financial management plan and staffing model;
(ii) Include data and legal analysis of statewide need, availability of existing fund sources for grants and loans, assessment of owner and operator willingness to participate and potential environmental and economic impacts of the loan program.
(iii) As part of the program design, the agency must conduct a pilot demonstration of a capital grant program that includes three study sites with aging tanks, demonstrated impact to either soil or groundwater, or both, and serious financial hardship, as defined in chapter 374-60 WAC. Each study site may not cost more than $600,000.
(3) The agency shall conduct the study in consultation with the office of financial management, and internal and external agency stakeholders.
(4) The agency must provide a final report of the program design, as well as any associated legislative and budget recommendations, to the governor and legislature by October 1, 2015.
Appropriation:
Pollution Liability Insurance Program Trust
Account—State.......................................................... $1,800,000
Prior Biennia (Expenditures)........................................................... $0
Future Biennia (Projected Costs)..................................................... $0
TOTAL...................................................... $1,800,000
NEW SECTION. Sec. 3086. FOR THE STATE PARKS AND RECREATION COMMISSION
Dosewallips Wastewater Treatment System (30000523)
Reappropriation:
State Building Construction Account—State......................... $27,000
Prior Biennia (Expenditures)............................................. $4,505,000
Future Biennia (Projected Costs)..................................................... $0
TOTAL...................................................... $4,532,000
NEW SECTION. Sec. 3087. FOR THE STATE PARKS AND RECREATION COMMISSION
Lewis & Clark Replace Wastewater System (30000544)
Reappropriation:
State Building Construction Account—State....................... $695,000
Prior Biennia (Expenditures)................................................ $382,000
Future Biennia (Projected Costs)..................................................... $0
TOTAL...................................................... $1,077,000
NEW SECTION. Sec. 3088. FOR THE STATE PARKS AND RECREATION COMMISSION
Deception Pass - Kukutali Access and Interpretation (30000774)
Reappropriation:
State Building Construction Account—State....................... $161,000
Prior Biennia (Expenditures).................................................. $64,000
Future Biennia (Projected Costs)..................................................... $0
TOTAL......................................................... $225,000
NEW SECTION. Sec. 3089. FOR THE STATE PARKS AND RECREATION COMMISSION
Flaming Geyser State Park Infrastructure (30000810)
Reappropriation:
State Building Construction Account—State....................... $848,000
Prior Biennia (Expenditures)................................................ $477,000
Future Biennia (Projected Costs)..................................................... $0
TOTAL...................................................... $1,325,000
NEW SECTION. Sec. 3090. FOR THE STATE PARKS AND RECREATION COMMISSION
Millersylvania Replace Environmental Learning Center Cabins (30000821)
Reappropriation:
State Building Construction Account—State....................... $481,000
Prior Biennia (Expenditures)................................................ $608,000
Future Biennia (Projected Costs)..................................................... $0
TOTAL...................................................... $1,089,000
NEW SECTION. Sec. 3091. FOR THE STATE PARKS AND RECREATION COMMISSION
Minor Works - Facility and Infrastructure Preservation (30000845)
Reappropriation:
State Building Construction Account—State.................... $1,797,000
Prior Biennia (Expenditures)............................................. $8,203,000
Future Biennia (Projected Costs)..................................................... $0
TOTAL.................................................... $10,000,000
NEW SECTION. Sec. 3092. FOR THE STATE PARKS AND RECREATION COMMISSION
Wallace Falls Footbridge (91000047)
Reappropriation:
State Building Construction Account—State....................... $150,000
Prior Biennia (Expenditures)................................................ $336,000
Future Biennia (Projected Costs)..................................................... $0
TOTAL......................................................... $486,000
NEW SECTION. Sec. 3093. FOR THE STATE PARKS AND RECREATION COMMISSION
Spencer Spit Water System Replacement (30000140)
Reappropriation:
State Building Construction Account—State....................... $695,000
Prior Biennia (Expenditures)................................................ $288,000
Future Biennia (Projected Costs)..................................................... $0
TOTAL......................................................... $983,000
NEW SECTION. Sec. 3094. FOR THE STATE PARKS AND RECREATION COMMISSION
Fort Worden - Housing Areas Exterior Improvements (30000287)
Appropriation:
State Building Construction Account—State....................... $500,000
Prior Biennia (Expenditures)........................................................... $0
Future Biennia (Projected Costs)....................................... $2,858,000
TOTAL...................................................... $3,358,000
NEW SECTION. Sec. 3095. FOR THE STATE PARKS AND RECREATION COMMISSION
Mount Spokane Road Improvements, Stage 2D (30000693)
Appropriation:
State Building Construction Account—State.................... $2,400,000
Prior Biennia (Expenditures)........................................................... $0
Future Biennia (Projected Costs)..................................................... $0
TOTAL...................................................... $2,400,000
NEW SECTION. Sec. 3096. FOR THE STATE PARKS AND RECREATION COMMISSION
Camano Island Day Use Access and Facility Renovation (30000782)
Reappropriation:
State Building Construction Account—State....................... $107,000
Appropriation:
State Building Construction Account—State.................... $1,212,000
Prior Biennia (Expenditures)................................................ $194,000
Future Biennia (Projected Costs)..................................................... $0
TOTAL...................................................... $1,513,000
NEW SECTION. Sec. 3097. FOR THE STATE PARKS AND RECREATION COMMISSION
Belfair Replace Failing Electrical Supply to Main Camp Loop (30000813)
Appropriation:
State Building Construction Account—State.................... $1,180,000
Prior Biennia (Expenditures)........................................................... $0
Future Biennia (Projected Costs)..................................................... $0
TOTAL...................................................... $1,180,000
NEW SECTION. Sec. 3098. FOR THE STATE PARKS AND RECREATION COMMISSION
Fort Flagler - Replace Failing Electrical Power Historic District (30000815)
Appropriation:
State Building Construction Account—State.................... $1,173,000
Prior Biennia (Expenditures)........................................................... $0
Future Biennia (Projected Costs)..................................................... $0
TOTAL...................................................... $1,173,000
NEW SECTION. Sec. 3099. FOR THE STATE PARKS AND RECREATION COMMISSION
Kopachuck Day Use Development (30000820)
Reappropriation:
State Building Construction Account—State......................... $10,000
Appropriation:
State Building Construction Account—State.................... $1,341,000
Prior Biennia (Expenditures)................................................ $309,000
Future Biennia (Projected Costs)..................................................... $0
TOTAL...................................................... $1,660,000
NEW SECTION. Sec. 3100. FOR THE STATE PARKS AND RECREATION COMMISSION
Flaming Geyser Day Use Renovation (30000832)
Reappropriation:
State Building Construction Account—State....................... $642,000
Prior Biennia (Expenditures)................................................ $360,000
Future Biennia (Projected Costs)..................................................... $0
TOTAL...................................................... $1,002,000
NEW SECTION. Sec. 3101. FOR THE STATE PARKS AND RECREATION COMMISSION
Minor Works - Health and Safety (30000839)
Appropriation:
State Building Construction Account—State.................... $5,160,000
Prior Biennia (Expenditures)........................................................... $0
Future Biennia (Projected Costs)..................................................... $0
TOTAL...................................................... $5,160,000
NEW SECTION. Sec. 3102. FOR THE STATE PARKS AND RECREATION COMMISSION
Twanoh State Park Stormwater Improvements (30000851)
Reappropriation:
State Building Construction Account—State....................... $160,000
Prior Biennia (Expenditures)................................................ $194,000
Future Biennia (Projected Costs)..................................................... $0
TOTAL......................................................... $354,000
NEW SECTION. Sec. 3103. FOR THE STATE PARKS AND RECREATION COMMISSION
Rocky Reach - Trail Development (30000853)
Reappropriation:
State Building Construction Account—State....................... $535,000
Prior Biennia (Expenditures)............................................. $3,220,000
Future Biennia (Projected Costs)..................................................... $0
TOTAL...................................................... $3,755,000
NEW SECTION. Sec. 3104. FOR THE STATE PARKS AND RECREATION COMMISSION
Fish Barrier Removal (30000854)
Reappropriation:
State Building Construction Account—State....................... $767,000
Prior Biennia (Expenditures)................................................ $281,000
Future Biennia (Projected Costs)..................................................... $0
TOTAL...................................................... $1,048,000
NEW SECTION. Sec. 3105. FOR THE STATE PARKS AND RECREATION COMMISSION
Clean Vessel Boating Pump-Out Grants (30000856)
Appropriation:
General Fund—Federal..................................................... $2,600,000
Prior Biennia (Expenditures)............................................. $2,600,000
Future Biennia (Projected Costs)..................................... $10,400,000
TOTAL.................................................... $15,600,000
NEW SECTION. Sec. 3106. FOR THE STATE PARKS AND RECREATION COMMISSION
Local Grant Authority (30000857)
Appropriation:
Parks Renewal and Stewardship Account—Private/Local $1,000,000
Prior Biennia (Expenditures)............................................. $1,200,000
Future Biennia (Projected Costs)....................................... $4,000,000
TOTAL...................................................... $6,200,000
NEW SECTION. Sec. 3107. FOR THE STATE PARKS AND RECREATION COMMISSION
Federal Grant Authority (30000858)
Appropriation:
General Fund—Federal........................................................ $750,000
Prior Biennia (Expenditures)............................................. $1,750,000
Future Biennia (Projected Costs)....................................... $3,000,000
TOTAL...................................................... $5,500,000
NEW SECTION. Sec. 3108. FOR THE STATE PARKS AND RECREATION COMMISSION
Sequim Bay Address Failing Retaining Wall (30000861)
Appropriation:
State Building Construction Account—State.................... $1,122,000
Prior Biennia (Expenditures)........................................................... $0
Future Biennia (Projected Costs)..................................................... $0
TOTAL...................................................... $1,122,000
NEW SECTION. Sec. 3109. FOR THE STATE PARKS AND RECREATION COMMISSION
Mount Spokane - Nordic Area Improvements and Horse Camp Development (30000877)
Appropriation:
State Building Construction Account—State.................... $6,042,000
Prior Biennia (Expenditures)........................................................... $0
Future Biennia (Projected Costs)..................................................... $0
TOTAL...................................................... $6,042,000
NEW SECTION. Sec. 3110. FOR THE STATE PARKS AND RECREATION COMMISSION
Statewide - Cabins, Yurts, and Associated Park Improvement (30000883)
Appropriation:
State Building Construction Account—State.................... $1,153,000
Prior Biennia (Expenditures)........................................................... $0
Future Biennia (Projected Costs)..................................................... $0
TOTAL...................................................... $1,153,000
NEW SECTION. Sec. 3111. FOR THE STATE PARKS AND RECREATION COMMISSION
Fish Barrier Removal (Lawsuit) (30000944)
Appropriation:
State Building Construction Account—State.................... $2,034,000
Prior Biennia (Expenditures)........................................................... $0
Future Biennia (Projected Costs)..................................................... $0
TOTAL...................................................... $2,034,000
NEW SECTION. Sec. 3112. FOR THE STATE PARKS AND RECREATION COMMISSION
Statewide - Facility and Infrastructure Backlog Reduction (30000946)
Appropriation:
State Building Construction Account—State.................... $6,000,000
Prior Biennia (Expenditures)........................................................... $0
Future Biennia (Projected Costs)..................................... $18,000,000
TOTAL.................................................... $24,000,000
NEW SECTION. Sec. 3113. FOR THE STATE PARKS AND RECREATION COMMISSION
Fort Flagler - WWI Historic Facilities Preservation (30000100)
Appropriation:
State Building Construction Account—State.................... $5,970,000
Prior Biennia (Expenditures)........................................................... $0
Future Biennia (Projected Costs)..................................................... $0
TOTAL...................................................... $5,970,000
NEW SECTION. Sec. 3114. FOR THE STATE PARKS AND RECREATION COMMISSION
Riverside Fisk Property Lake Spokane (Long Lake) Initial Park Access (30000971)
Appropriation:
State Building Construction Account—State.................... $1,072,000
Prior Biennia (Expenditures)........................................................... $0
Future Biennia (Projected Costs)..................................................... $0
TOTAL...................................................... $1,072,000
NEW SECTION. Sec. 3115. FOR THE STATE PARKS AND RECREATION COMMISSION
Minor Works - Facilities and Infrastructures (30000947)
Appropriation:
State Building Construction Account—State.................. $11,117,000
Prior Biennia (Expenditures)........................................................... $0
Future Biennia (Projected Costs).......................................... $250,000
TOTAL.................................................... $11,367,000
NEW SECTION. Sec. 3116. FOR THE STATE PARKS AND RECREATION COMMISSION
Steamboat Rock - Replace Failing Sewage Lift Stations (30000948)
Appropriation:
State Building Construction Account—State.................... $1,229,000
Prior Biennia (Expenditures)........................................................... $0
Future Biennia (Projected Costs)..................................................... $0
TOTAL...................................................... $1,229,000
NEW SECTION. Sec. 3117. FOR THE STATE PARKS AND RECREATION COMMISSION
Mount Spokane - Maintenance Facility Relocation from Harms Way (30000959)
Appropriation:
State Building Construction Account—State.................... $2,557,000
Prior Biennia (Expenditures)........................................................... $0
Future Biennia (Projected Costs)..................................................... $0
TOTAL...................................................... $2,557,000
NEW SECTION. Sec. 3118. FOR THE STATE PARKS AND RECREATION COMMISSION
Parkland Acquisition (30000976)
The appropriation in this section is subject to the following conditions and limitations: $225,000 or thereabouts must be used for the purchase of Young Island.
Appropriation:
Parkland Acquisition Account—State............................... $2,000,000
Prior Biennia (Expenditures)........................................................... $0
Future Biennia (Projected Costs)....................................... $8,000,000
TOTAL.................................................... $10,000,000
NEW SECTION. Sec. 3119. FOR THE STATE PARKS AND RECREATION COMMISSION
Backlog Repairs and Enhanced Amenities (92000007)
Reappropriation:
State Building Construction Account—State....................... $794,000
Prior Biennia (Expenditures)............................................. $8,610,000
Future Biennia (Projected Costs)..................................................... $0
TOTAL...................................................... $9,404,000
NEW SECTION. Sec. 3120. FOR THE RECREATION AND CONSERVATION FUNDING BOARD
Washington Wildlife Recreation Grants (20084011)
The reappropriations in this section are subject to the following conditions and limitations: The reappropriations are subject to the provisions of section 3146, chapter 520, Laws of 2007.
Reappropriation:
Outdoor Recreation Account—State.................................... $291,000
Habitat Conservation Account—State.............................. $2,523,000
Subtotal Reappropriation........................... $2,814,000
Prior Biennia (Expenditures)........................................... $95,678,000
Future Biennia (Projected Costs)..................................................... $0
TOTAL.................................................... $98,492,000
NEW SECTION. Sec. 3121. FOR THE RECREATION AND CONSERVATION FUNDING BOARD
Salmon Recovery Funding Board Programs (20084851)
Reappropriation:
State Building Construction Account—State....................... $639,000
Prior Biennia (Expenditures)........................................... $59,361,000
Future Biennia (Projected Costs)..................................................... $0
TOTAL.................................................... $60,000,000
NEW SECTION. Sec. 3122. FOR THE RECREATION AND CONSERVATION FUNDING BOARD
Washington Wildlife Recreation Grants (30000002)
Reappropriation:
Farmlands Preservation Account—State.............................. $257,000
Outdoor Recreation Account—State.................................... $307,000
Riparian Protection Account—State.................................... $911,000
Habitat Conservation Account—State.............................. $3,672,000
Subtotal Reappropriation........................... $5,147,000
Prior Biennia (Expenditures)........................................... $64,298,000
Future Biennia (Projected Costs)..................................................... $0
TOTAL.................................................... $69,445,000
NEW SECTION. Sec. 3123. FOR THE RECREATION AND CONSERVATION FUNDING BOARD
Puget Sound Acquisition and Restoration (30000080)
Reappropriation:
State Building Construction Account—State....................... $366,000
Prior Biennia (Expenditures)........................................... $32,634,000
Future Biennia (Projected Costs)..................................................... $0
TOTAL.................................................... $33,000,000
NEW SECTION. Sec. 3124. FOR THE RECREATION AND CONSERVATION FUNDING BOARD
Boating Facilities Program (30000138)
Reappropriation:
Recreation Resources Account—State.............................. $1,589,000
Prior Biennia (Expenditures)............................................. $6,411,000
Future Biennia (Projected Costs)..................................................... $0
TOTAL...................................................... $8,000,000
NEW SECTION. Sec. 3125. FOR THE RECREATION AND CONSERVATION FUNDING BOARD
Washington Wildlife Recreation Grants (30000139)
The reappropriations in this section are subject to the following conditions and limitations: The reappropriations are provided solely for the list of projects in LEAP capital document No. 2011-3A, developed May 24, 2011.
Reappropriation:
Farmlands Preservation Account—State.............................. $195,000
Outdoor Recreation Account—State................................. $3,694,000
Habitat Conservation Account—State.............................. $3,985,000
Subtotal Reappropriation........................... $7,874,000
Prior Biennia (Expenditures)........................................... $34,126,000
Future Biennia (Projected Costs)..................................................... $0
TOTAL.................................................... $42,000,000
NEW SECTION. Sec. 3126. FOR THE RECREATION AND CONSERVATION FUNDING BOARD
Salmon Recovery Funding Board Programs (30000140)
Reappropriation:
State Building Construction Account—State.................... $3,497,000
General Fund—Federal................................................... $23,169,000
Subtotal Reappropriation......................... $26,666,000
Prior Biennia (Expenditures)........................................... $43,396,000
Future Biennia (Projected Costs)..................................................... $0
TOTAL.................................................... $70,062,000
NEW SECTION. Sec. 3127. FOR THE RECREATION AND CONSERVATION FUNDING BOARD
Land and Water Conservation Fund (30000142)
Reappropriation:
General Fund—Federal..................................................... $1,313,000
Prior Biennia (Expenditures)............................................. $2,687,000
Future Biennia (Projected Costs)..................................................... $0
TOTAL...................................................... $4,000,000
NEW SECTION. Sec. 3128. FOR THE RECREATION AND CONSERVATION FUNDING BOARD
Aquatic Lands Enhancement Account (30000143)
The reappropriation in this section is subject to the following conditions and limitations: The reappropriation is provided solely for the list of projects in LEAP capital document No. 2011-3B, revised April 10, 2013.
Reappropriation:
Aquatic Lands Enhancement Account—State..................... $845,000
Prior Biennia (Expenditures)............................................. $5,616,000
Future Biennia (Projected Costs)..................................................... $0
TOTAL...................................................... $6,461,000
NEW SECTION. Sec. 3129. FOR THE RECREATION AND CONSERVATION FUNDING BOARD
Recreational Trails Program (30000146)
Reappropriation:
General Fund—Federal..................................................... $1,328,000
Prior Biennia (Expenditures)............................................. $3,672,000
Future Biennia (Projected Costs)..................................................... $0
TOTAL...................................................... $5,000,000
NEW SECTION. Sec. 3130. FOR THE RECREATION AND CONSERVATION FUNDING BOARD
Puget Sound Restoration (30000147)
The reappropriation in this section is subject to the following conditions and limitations: The reappropriation may not be expended on the acquisition of lands by state agencies.
Reappropriation:
State Building Construction Account—State.................... $2,975,000
Prior Biennia (Expenditures)........................................... $12,025,000
Future Biennia (Projected Costs)..................................................... $0
TOTAL.................................................... $15,000,000
NEW SECTION. Sec. 3131. FOR THE RECREATION AND CONSERVATION FUNDING BOARD
Puget Sound Estuary and Salmon Restoration Program (30000148)
The reappropriation in this section is subject to the following conditions and limitations: The reappropriation may not be expended on the acquisition of lands by state agencies.
Reappropriation:
State Building Construction Account—State....................... $560,000
Prior Biennia (Expenditures)............................................. $4,440,000
Future Biennia (Projected Costs)..................................................... $0
TOTAL...................................................... $5,000,000
NEW SECTION. Sec. 3132. FOR THE RECREATION AND CONSERVATION FUNDING BOARD
Washington Wildlife Recreation Grants (30000205)
The reappropriations in this section are subject to the following conditions and limitations: The reappropriations are subject to the provisions of section 3161, chapter 19, Laws of 2013 2nd sp. sess.
Reappropriation:
Farmlands Preservation Account—State........................... $3,218,000
Riparian Protection Account—State................................. $4,973,000
Habitat Conservation Account—State............................ $14,918,000
Outdoor Recreation Account—State............................... $14,918,000
Subtotal Reappropriation......................... $38,027,000
Prior Biennia (Expenditures)........................................... $26,973,000
Future Biennia (Projected Costs)..................................................... $0
TOTAL.................................................... $65,000,000
NEW SECTION. Sec. 3133. FOR THE RECREATION AND CONSERVATION FUNDING BOARD
Salmon Recovery Funding Board Programs (30000206)
The reappropriations in this section are subject to the following conditions and limitations: The reappropriations are subject to the provisions of section 3162, chapter 19, Laws of 2013 2nd sp. sess.
Reappropriation:
State Building Construction Account—State.................... $7,886,000
General Fund—Federal................................................... $37,278,000
Subtotal Reappropriation......................... $45,164,000
Prior Biennia (Expenditures)........................................... $29,836,000
Future Biennia (Projected Costs)..................................................... $0
TOTAL.................................................... $75,000,000
NEW SECTION. Sec. 3134. FOR THE RECREATION AND CONSERVATION FUNDING BOARD
Boating Facilities Program (30000207)
Reappropriation:
Recreation Resources Account—State.............................. $3,309,000
Prior Biennia (Expenditures)............................................. $3,054,000
Future Biennia (Projected Costs)..................................................... $0
TOTAL...................................................... $6,363,000
NEW SECTION. Sec. 3135. FOR THE RECREATION AND CONSERVATION FUNDING BOARD
Nonhighway Off-Road Vehicle Activities (30000208)
Reappropriation:
NOVA Program Account—State...................................... $5,100,000
Prior Biennia (Expenditures)............................................. $3,400,000
Future Biennia (Projected Costs)..................................................... $0
TOTAL...................................................... $8,500,000
NEW SECTION. Sec. 3136. FOR THE RECREATION AND CONSERVATION FUNDING BOARD
Aquatic Lands Enhancement Account (30000210)
The reappropriation in this section is subject to the following conditions and limitations: The reappropriation in this section is provided solely for the list of projects in LEAP capital document No. 2013-2B, developed April 10, 2013.
Reappropriation:
Aquatic Lands Enhancement Account—State.................. $3,900,000
Prior Biennia (Expenditures)............................................. $2,100,000
Future Biennia (Projected Costs)..................................................... $0
TOTAL...................................................... $6,000,000
NEW SECTION. Sec. 3137. FOR THE RECREATION AND CONSERVATION FUNDING BOARD
Puget Sound Acquisition and Restoration (30000211)
Reappropriation:
State Building Construction Account—State.................. $44,058,000
Prior Biennia (Expenditures)........................................... $25,942,000
Future Biennia (Projected Costs)..................................................... $0
TOTAL.................................................... $70,000,000
NEW SECTION. Sec. 3138. FOR THE RECREATION AND CONSERVATION FUNDING BOARD
Puget Sound Estuary and Salmon Restoration Program (30000212)
Reappropriation:
State Building Construction Account—State.................... $5,500,000
Prior Biennia (Expenditures)............................................. $4,500,000
Future Biennia (Projected Costs)..................................................... $0
TOTAL.................................................... $10,000,000
NEW SECTION. Sec. 3139. FOR THE RECREATION AND CONSERVATION FUNDING BOARD
Firearms and Archery Range Recreation (30000213)
The reappropriation in this section is subject to the following conditions and limitations: The reappropriation is subject to the provisions of section 3168, chapter 19, Laws of 2013 2nd sp. sess.
Reappropriation:
Firearms Range Account—State.......................................... $315,000
Prior Biennia (Expenditures)................................................ $485,000
Future Biennia (Projected Costs)..................................................... $0
TOTAL......................................................... $800,000
NEW SECTION. Sec. 3140. FOR THE RECREATION AND CONSERVATION FUNDING BOARD
Recreational Trails Program (30000214)
Reappropriation:
General Fund—Federal..................................................... $1,500,000
Prior Biennia (Expenditures)............................................. $3,500,000
Future Biennia (Projected Costs)..................................................... $0
TOTAL...................................................... $5,000,000
NEW SECTION. Sec. 3141. FOR THE RECREATION AND CONSERVATION FUNDING BOARD
Boating Infrastructure Grants (30000215)
Reappropriation:
General Fund—Federal........................................................ $880,000
Prior Biennia (Expenditures)............................................. $1,320,000
Future Biennia (Projected Costs)..................................................... $0
TOTAL...................................................... $2,200,000
NEW SECTION. Sec. 3142. FOR THE RECREATION AND CONSERVATION FUNDING BOARD
Land and Water Conservation (30000216)
Reappropriation:
General Fund—Federal..................................................... $3,400,000
Prior Biennia (Expenditures)................................................ $600,000
Future Biennia (Projected Costs)..................................................... $0
TOTAL...................................................... $4,000,000
NEW SECTION. Sec. 3143. FOR THE RECREATION AND CONSERVATION FUNDING BOARD
Family Forest Fish Passage Program (30000218)
Reappropriation:
State Building Construction Account—State....................... $990,000
Prior Biennia (Expenditures)............................................. $1,010,000
Future Biennia (Projected Costs)..................................................... $0
TOTAL...................................................... $2,000,000
NEW SECTION. Sec. 3144. FOR THE RECREATION AND CONSERVATION FUNDING BOARD
Washington Wildlife Recreation Grants (30000220)
The appropriations in this section are subject to the following conditions and limitations: The appropriations in this section are provided solely for the list of projects in LEAP capital document No. 2015-2, developed March 27, 2015.
Appropriation:
Farmlands Preservation Account—State........................... $6,500,000
Riparian Protection Account—State............................... $12,500,000
Habitat Conservation Account—State............................ $28,000,000
Outdoor Recreation Account—State............................... $28,000,000
Subtotal Appropriation............................ $75,000,000
Prior Biennia (Expenditures)........................................................... $0
Future Biennia (Projected Costs)................................... $300,000,000
TOTAL.................................................. $375,000,000
NEW SECTION. Sec. 3145. FOR THE RECREATION AND CONSERVATION FUNDING BOARD
Salmon Recovery Funding Board Programs (30000221)
The appropriation in this section is subject to the following conditions and limitations: $500,000 of the state building construction account—state is provided solely for the city of Bothell to preserve the Wayne golf course land, situated along the Sammamish river and Burke-Gilman trail, for fish habitat.
Appropriation:
State Building Construction Account—State.................. $40,000,000
General Fund—Federal................................................... $60,000,000
Subtotal Appropriation.......................... $100,000,000
Prior Biennia (Expenditures)........................................................... $0
Future Biennia (Projected Costs)................................... $400,000,000
TOTAL.................................................. $500,000,000
NEW SECTION. Sec. 3146. FOR THE RECREATION AND CONSERVATION FUNDING BOARD
Boating Facilities Program (30000222)
Appropriation:
Recreation Resources Account—State.............................. $9,360,000
Prior Biennia (Expenditures)........................................................... $0
Future Biennia (Projected Costs)..................................... $37,800,000
TOTAL.................................................... $47,160,000
NEW SECTION. Sec. 3147. FOR THE RECREATION AND CONSERVATION FUNDING BOARD
Nonhighway Off-Road Vehicle Activities (30000223)
Appropriation:
NOVA Program Account—State...................................... $8,670,000
Prior Biennia (Expenditures)........................................................... $0
Future Biennia (Projected Costs)..................................... $34,770,000
TOTAL.................................................... $43,440,000
NEW SECTION. Sec. 3148. FOR THE RECREATION AND CONSERVATION FUNDING BOARD
Youth Athletic Facilities (30000224)
Appropriation:
State Building Construction Account—State.................... $3,000,000
Prior Biennia (Expenditures)........................................................... $0
Future Biennia (Projected Costs)..................................... $12,000,000
TOTAL.................................................... $15,000,000
NEW SECTION. Sec. 3149. FOR THE RECREATION AND CONSERVATION FUNDING BOARD
Aquatic Lands Enhancement Account (30000225)
The appropriation in this section is subject to the following conditions and limitations: The appropriation in this section is provided solely for the list of projects in LEAP capital document No. 2015-3, developed March 27, 2015.
Appropriation:
Aquatic Lands Enhancement Account—State.................. $5,000,000
State Building Construction Account—State.................... $4,500,000
Subtotal Appropriation.............................. $9,500,000
Prior Biennia (Expenditures)........................................................... $0
Future Biennia (Projected Costs)..................................... $26,400,000
TOTAL.................................................... $35,900,000
NEW SECTION. Sec. 3150. FOR THE RECREATION AND CONSERVATION FUNDING BOARD
Puget Sound Acquisition and Restoration (30000226)
Appropriation:
State Building Construction Account—State.................. $40,000,000
Prior Biennia (Expenditures)........................................................... $0
Future Biennia (Projected Costs)................................... $160,000,000
TOTAL.................................................. $200,000,000
NEW SECTION. Sec. 3151. FOR THE RECREATION AND CONSERVATION FUNDING BOARD
Puget Sound Estuary and Salmon Restoration Program (30000227)
Appropriation:
State Building Construction Account—State.................. $10,000,000
Prior Biennia (Expenditures)........................................................... $0
Future Biennia (Projected Costs)..................................... $40,000,000
TOTAL.................................................... $50,000,000
NEW SECTION. Sec. 3152. FOR THE RECREATION AND CONSERVATION FUNDING BOARD
Firearms and Archery Range Recreation (30000228)
Appropriation:
Firearms Range Account—State.......................................... $580,000
Prior Biennia (Expenditures)........................................................... $0
Future Biennia (Projected Costs)....................................... $2,320,000
TOTAL...................................................... $2,900,000
NEW SECTION. Sec. 3153. FOR THE RECREATION AND CONSERVATION FUNDING BOARD
Recreational Trails Program (30000229)
Appropriation:
General Fund—Federal..................................................... $5,000,000
Prior Biennia (Expenditures)........................................................... $0
Future Biennia (Projected Costs)..................................... $20,000,000
TOTAL.................................................... $25,000,000
NEW SECTION. Sec. 3154. FOR THE RECREATION AND CONSERVATION FUNDING BOARD
Boating Infrastructure Grants (30000230)
Appropriation:
General Fund—Federal..................................................... $2,200,000
Prior Biennia (Expenditures)........................................................... $0
Future Biennia (Projected Costs)....................................... $8,800,000
TOTAL.................................................... $11,000,000
NEW SECTION. Sec. 3155. FOR THE RECREATION AND CONSERVATION FUNDING BOARD
Land and Water Conservation (30000231)
Appropriation:
General Fund—Federal..................................................... $4,000,000
Prior Biennia (Expenditures)........................................................... $0
Future Biennia (Projected Costs)..................................... $16,000,000
TOTAL.................................................... $20,000,000
NEW SECTION. Sec. 3156. FOR THE RECREATION AND CONSERVATION FUNDING BOARD
Family Forest Fish Passage Program (30000233)
Appropriation:
State Building Construction Account—State.................... $5,000,000
Prior Biennia (Expenditures)........................................................... $0
Future Biennia (Projected Costs)..................................... $20,000,000
TOTAL.................................................... $25,000,000
NEW SECTION. Sec. 3157. FOR THE RECREATION AND CONSERVATION FUNDING BOARD
Family Forest Fish Passage Program (91000097)
Reappropriation:
State Toxics Control Account—State............................... $1,118,000
Prior Biennia (Expenditures)............................................. $8,882,000
Future Biennia (Projected Costs)..................................................... $0
TOTAL.................................................... $10,000,000
NEW SECTION. Sec. 3158. FOR THE RECREATION AND CONSERVATION FUNDING BOARD
Coastal Restoration Grants (91000448)
The appropriation in this section is subject to the following conditions and limitations: The appropriation is provided solely for the following list of projects:
Project |
Authorized Amount |
Black river watershed conservation and restoration |
$650,000 |
Cathlamet selective fisheries |
$300,000 |
Coal creek culvert to bridge |
$162,000 |
Darlin creek conservation and restoration |
$1,300,000 |
Ellsworth creek watershed restoration |
$950,000 |
Greenhead slough barrier removal |
$75,000 |
Improved gears for the lower Columbia fishery |
$200,000 |
Lower Forks creek restoration |
$2,150,000 |
Makah tribe salmon restoration |
$174,000 |
Middle fork Hoquiam culvert correction |
$76,000 |
Middle fork Satsop culvert correction |
$97,000 |
Pulling together: Jobs in restoration |
$550,000 |
Quinault nearshore habitat restoration |
$343,000 |
Restoration of Elochoman and Grays river basins |
$535,000 |
Restoration of prairies and wetlands |
$200,000 |
Satsop river watershed restoration |
$150,000 |
Scammon creek barrier removal |
$188,000 |
West fork Satsop culvert correction |
$96,000 |
Total |
$8,196,000 |
Appropriation:
State Building Construction Account—State.................... $8,196,000
Prior Biennia (Expenditures)........................................................... $0
Future Biennia (Projected Costs)..................................................... $0
TOTAL...................................................... $8,196,000
NEW SECTION. Sec. 3159. FOR THE RECREATION AND CONSERVATION FUNDING BOARD
Youth Recreation Grants (92000055)
The reappropriation in this section is subject to the following conditions and limitations: The reappropriation is subject to the provisions of section 3173, chapter 19, Laws of 2013, 2nd sp. sess.
Reappropriation:
State Building Construction Account—State.................... $1,942,000
Prior Biennia (Expenditures)............................................. $1,688,000
Future Biennia (Projected Costs)..................................................... $0
TOTAL...................................................... $3,630,000
NEW SECTION. Sec. 3160. FOR THE STATE CONSERVATION COMMISSION
CREP Riparian Cost Share - State Match (30000009)
Reappropriation:
State Building Construction Account—State....................... $800,000
Appropriation:
State Building Construction Account—State.................... $2,600,000
Prior Biennia (Expenditures)............................................. $1,790,000
Future Biennia (Projected Costs)..................................... $11,400,000
TOTAL.................................................... $16,590,000
NEW SECTION. Sec. 3161. FOR THE STATE CONSERVATION COMMISSION
Natural Resources Investment for the Economy and Environment (30000010)
The appropriation in this section is subject to the following conditions and limitations: The appropriation is provided solely for grants to complete natural resource enhancement projects necessary to improve water quality in nonshellfish growing areas.
Reappropriation:
General Fund—Federal..................................................... $1,000,000
State Building Construction Account—State.................... $1,250,000
Subtotal Reappropriation........................... $2,250,000
Appropriation:
State Building Construction Account—State.................... $5,000,000
Prior Biennia (Expenditures)............................................. $7,750,000
Future Biennia (Projected Costs)..................................................... $0
TOTAL.................................................... $15,000,000
NEW SECTION. Sec. 3162. FOR THE STATE CONSERVATION COMMISSION
CREP PIP Loan Program (30000011)
Reappropriation:
Conservation Assistance Revolving Account—State.......... $150,000
Prior Biennia (Expenditures).................................................. $30,000
Future Biennia (Projected Costs).......................................... $400,000
TOTAL......................................................... $580,000
NEW SECTION. Sec. 3163. FOR THE STATE CONSERVATION COMMISSION
CREP Riparian Contract Funding (30000012)
Reappropriation:
State Building Construction Account—State....................... $500,000
Appropriation:
State Building Construction Account—State.................... $1,000,000
Prior Biennia (Expenditures)............................................. $1,731,000
Future Biennia (Projected Costs)....................................... $8,924,000
TOTAL.................................................... $12,155,000
NEW SECTION. Sec. 3164. FOR THE STATE CONSERVATION COMMISSION
Match for Federal RCPP Program (30000017)
The appropriations in this section are subject to the following conditions and limitations:
(1) The general fund—federal appropriation is provided solely for implementation of the five conservation projects in Washington state approved for grant awards as part of the United States department of agriculture regional conservation partnership program authorized under the 2014 farm bill:
(a) Palouse river watershed implementation partnership;
(b) Precision conservation for salmon and water quality in the Puget Sound;
(c) Upper Columbia irrigation enhancement project;
(d) Yakama nation on-reservation lower Yakima basin restoration project; and
(e) Confederated tribes of the Colville reservation water quality and habitat improvement project.
(2) The state building construction account—state is provided solely for state match to the United States department of agriculture regional conservation partnership program.
Appropriation:
State Building Construction Account—State.................... $5,000,000
General Fund—Federal................................................... $23,000,000
Subtotal Appropriation............................ $28,000,000
Prior Biennia (Expenditures)........................................................... $0
Future Biennia (Projected Costs)..................................................... $0
TOTAL.................................................... $28,000,000
NEW SECTION. Sec. 3165. FOR THE STATE CONSERVATION COMMISSION
Improve Shellfish Growing Areas (30000018)
The appropriation in this section is subject to the following conditions and limitations: The appropriation is provided solely for grants to complete natural resource enhancement projects necessary to improve water quality in shellfish growing areas.
Appropriation:
State Building Construction Account—State.................... $4,000,000
Prior Biennia (Expenditures)........................................................... $0
Future Biennia (Projected Costs)..................................... $16,000,000
TOTAL.................................................... $20,000,000
NEW SECTION. Sec. 3166. FOR THE DEPARTMENT OF FISH AND WILDLIFE
Deschutes Watershed Center (20062008)
The reappropriation in this section is subject to the following conditions and limitations: The reappropriation is subject to the provisions of section 3205, chapter 19, Laws of 2013 2nd sp. sess.
Reappropriation:
State Building Construction Account—State.................... $7,004,000
Appropriation:
State Building Construction Account—State.................. $10,000,000
Prior Biennia (Expenditures)............................................. $3,491,000
Future Biennia (Projected Costs)..................................... $21,454,000
TOTAL.................................................... $41,949,000
NEW SECTION. Sec. 3167. FOR THE DEPARTMENT OF FISH AND WILDLIFE
Voights Creek Hatchery (20081003)
Reappropriation:
State Building Construction Account—State.................... $3,398,000
Prior Biennia (Expenditures)........................................... $11,899,000
Future Biennia (Projected Costs)..................................................... $0
TOTAL.................................................... $15,297,000
NEW SECTION. Sec. 3168. FOR THE DEPARTMENT OF FISH AND WILDLIFE
Migratory Waterfowl Habitat (20082045)
Appropriation:
State Wildlife Account—State............................................. $600,000
Prior Biennia (Expenditures)............................................. $1,080,000
Future Biennia (Projected Costs)....................................... $2,400,000
TOTAL...................................................... $4,080,000
NEW SECTION. Sec. 3169. FOR THE DEPARTMENT OF FISH AND WILDLIFE
Mitigation Projects and Dedicated Funding (20082048)
The reappropriation in this section is subject to the following conditions and limitations: The reappropriation is subject to the provisions of section 3191, chapter 19, Laws of 2013 2nd sp. sess.
Reappropriation:
State Wildlife Account—State............................................. $500,000
Special Wildlife Account—Private/Local......................... $1,077,000
General Fund—Private/Local............................................ $1,866,000
General Fund—Federal................................................... $27,008,000
Subtotal Reappropriation......................... $30,451,000
Appropriation:
State Wildlife Account—State............................................. $500,000
General Fund—Private/Local............................................ $1,000,000
Special Wildlife Account—Federal.................................. $1,000,000
Special Wildlife Account—Private/Local......................... $1,000,000
General Fund—Federal..................................................... $9,000,000
Subtotal Appropriation............................ $12,500,000
Prior Biennia (Expenditures)......................................... $104,524,000
Future Biennia (Projected Costs)..................................... $54,000,000
TOTAL.................................................. $201,475,000
NEW SECTION. Sec. 3170. FOR THE DEPARTMENT OF FISH AND WILDLIFE
Lake Rufus Woods Fishing Access (91000151)
Appropriation:
State Building Construction Account—State.................... $2,000,000
Prior Biennia (Expenditures)........................................................... $0
Future Biennia (Projected Costs)....................................... $1,000,000
TOTAL...................................................... $3,000,000
NEW SECTION. Sec. 3171. FOR THE DEPARTMENT OF FISH AND WILDLIFE
Minor Works Preservation (30000727)
Appropriation:
State Building Construction Account—State.................... $9,780,000
Prior Biennia (Expenditures)........................................................... $0
Future Biennia (Projected Costs)..................................... $80,000,000
TOTAL.................................................... $89,780,000
NEW SECTION. Sec. 3172. FOR THE DEPARTMENT OF FISH AND WILDLIFE
Kalama Falls Hatchery Renovate Adult Handling Facilities (30000480)
Appropriation:
State Building Construction Account—State.................... $4,300,000
Prior Biennia (Expenditures)........................................................... $0
Future Biennia (Projected Costs)..................................................... $0
TOTAL...................................................... $4,300,000
NEW SECTION. Sec. 3173. FOR THE DEPARTMENT OF FISH AND WILDLIFE
Wooten Wildlife Area Improve Flood Plain (30000481)
The reappropriations in this section are subject to the following conditions and limitations: The reappropriation is subject to the provisions of section 3207, chapter 19, Laws of 2013 2nd sp. sess.
Reappropriation:
State Building Construction Account—State....................... $106,000
General Fund—Federal..................................................... $1,000,000
Subtotal Reappropriation........................... $1,106,000
Appropriation:
General Fund—Federal..................................................... $2,600,000
State Building Construction Account—State.................... $2,000,000
Subtotal Appropriation.............................. $4,600,000
Prior Biennia (Expenditures)............................................. $1,994,000
Future Biennia (Projected Costs)..................................... $12,722,000
TOTAL.................................................... $20,422,000
NEW SECTION. Sec. 3174. FOR THE DEPARTMENT OF FISH AND WILDLIFE
Puyallup Hatchery Rebuild (30000589)
Appropriation:
State Building Construction Account—State....................... $571,000
Prior Biennia (Expenditures)........................................................... $0
Future Biennia (Projected Costs)....................................... $9,177,000
TOTAL...................................................... $9,748,000
NEW SECTION. Sec. 3175. FOR THE DEPARTMENT OF FISH AND WILDLIFE
Eells Spring Hatchery Renovation (30000214)
Appropriation:
State Building Construction Account—State....................... $500,000
Prior Biennia (Expenditures)........................................................... $0
Future Biennia (Projected Costs)..................................... $11,722,000
TOTAL.................................................... $12,222,000
NEW SECTION. Sec. 3176. FOR THE DEPARTMENT OF FISH AND WILDLIFE
Samish Hatchery Intakes (30000276)
Appropriation:
State Building Construction Account—State....................... $700,000
Prior Biennia (Expenditures)........................................................... $0
Future Biennia (Projected Costs)....................................... $4,221,000
TOTAL...................................................... $4,921,000
NEW SECTION. Sec. 3177. FOR THE DEPARTMENT OF FISH AND WILDLIFE
Minter Hatchery Intakes (30000277)
Appropriation:
State Building Construction Account—State....................... $250,000
Prior Biennia (Expenditures)........................................................... $0
Future Biennia (Projected Costs)....................................... $7,948,000
TOTAL...................................................... $8,198,000
NEW SECTION. Sec. 3178. FOR THE DEPARTMENT OF FISH AND WILDLIFE
Hoodsport Hatchery Adult Pond Renovation (30000686)
Appropriation:
State Building Construction Account—State....................... $700,000
Prior Biennia (Expenditures)........................................................... $0
Future Biennia (Projected Costs)....................................... $3,346,000
TOTAL...................................................... $4,046,000
NEW SECTION. Sec. 3179. FOR THE DEPARTMENT OF FISH AND WILDLIFE
Nasselle Hatchery Renovation (30000671)
Appropriation:
State Building Construction Account—State....................... $275,000
Prior Biennia (Expenditures)........................................................... $0
Future Biennia (Projected Costs)..................................... $13,556,000
TOTAL.................................................... $13,831,000
NEW SECTION. Sec. 3180. FOR THE DEPARTMENT OF FISH AND WILDLIFE
Replace Fire Damaged Fencing (30000655)
Reappropriation:
State Building Construction Account—State.................... $1,225,000
Prior Biennia (Expenditures)................................................ $387,000
Future Biennia (Projected Costs)..................................................... $0
TOTAL...................................................... $1,612,000
NEW SECTION. Sec. 3181. FOR THE DEPARTMENT OF FISH AND WILDLIFE
Soos Creek Hatchery Renovation (30000661)
Appropriation:
State Building Construction Account—State.................. $17,000,000
Prior Biennia (Expenditures)........................................................... $0
Future Biennia (Projected Costs)....................................... $9,103,000
TOTAL.................................................... $26,103,000
NEW SECTION. Sec. 3182. FOR THE DEPARTMENT OF FISH AND WILDLIFE
Edmonds Pier Renovation (30000664)
Appropriation:
State Building Construction Account—State....................... $800,000
Prior Biennia (Expenditures)........................................................... $0
Future Biennia (Projected Costs)..................................................... $0
TOTAL......................................................... $800,000
NEW SECTION. Sec. 3183. FOR THE DEPARTMENT OF FISH AND WILDLIFE
Marblemount Hatchery - Renovating Jordan Creek Intake (30000666)
Appropriation:
State Building Construction Account—State.................... $2,293,000
Prior Biennia (Expenditures)........................................................... $0
Future Biennia (Projected Costs)..................................................... $0
TOTAL...................................................... $2,293,000
NEW SECTION. Sec. 3184. FOR THE DEPARTMENT OF FISH AND WILDLIFE
Lake Whatcom Hatchery - Replace Intake and Pipeline (30000667)
Appropriation:
State Building Construction Account—State.................... $1,354,000
Prior Biennia (Expenditures)........................................................... $0
Future Biennia (Projected Costs)..................................................... $0
TOTAL...................................................... $1,354,000
NEW SECTION. Sec. 3185. FOR THE DEPARTMENT OF FISH AND WILDLIFE
Fir Island Farm Estuary Restoration Project (30000673)
Appropriation:
State Building Construction Account—State....................... $500,000
General Fund—Federal................................................... $15,500,000
Subtotal Appropriation............................ $16,000,000
Prior Biennia (Expenditures)........................................................... $0
Future Biennia (Projected Costs)..................................................... $0
TOTAL.................................................... $16,000,000
NEW SECTION. Sec. 3186. FOR THE DEPARTMENT OF FISH AND WILDLIFE
Minor Works - Programmatic (30000682)
Appropriation:
General Fund—Federal........................................................ $375,000
State Building Construction Account—State....................... $725,000
Subtotal Appropriation.............................. $1,100,000
Prior Biennia (Expenditures)........................................................... $0
Future Biennia (Projected Costs)..................................................... $0
TOTAL...................................................... $1,100,000
NEW SECTION. Sec. 3187. FOR THE DEPARTMENT OF FISH AND WILDLIFE
Eells Springs Production Shift (30000723)
Appropriation:
State Building Construction Account—State.................... $4,620,000
Prior Biennia (Expenditures)........................................................... $0
Future Biennia (Projected Costs)..................................................... $0
TOTAL...................................................... $4,620,000
NEW SECTION. Sec. 3188. FOR THE DEPARTMENT OF FISH AND WILDLIFE
Mitchell Act Federal Grant (91000021)
Reappropriation:
General Fund—Federal..................................................... $1,014,000
Prior Biennia (Expenditures)............................................. $1,986,000
Future Biennia (Projected Costs)..................................................... $0
TOTAL...................................................... $3,000,000
NEW SECTION. Sec. 3189. FOR THE DEPARTMENT OF FISH AND WILDLIFE
Fishway Improvements/Diversions (91000033)
Reappropriation:
State Building Construction Account—State.................... $7,003,000
Prior Biennia (Expenditures)................................................ $997,000
Future Biennia (Projected Costs)..................................................... $0
TOTAL...................................................... $8,000,000
NEW SECTION. Sec. 3190. FOR THE DEPARTMENT OF FISH AND WILDLIFE
Hatchery Improvements (91000036)
Reappropriation:
State Building Construction Account—State.................. $16,109,000
Prior Biennia (Expenditures)........................................... $18,666,000
Future Biennia (Projected Costs)..................................................... $0
TOTAL.................................................... $34,775,000
NEW SECTION. Sec. 3191. FOR THE DEPARTMENT OF FISH AND WILDLIFE
Minor Works - Access Sites (91000044)
Reappropriation:
State Building Construction Account—State.................... $2,518,000
Prior Biennia (Expenditures)............................................. $4,888,000
Future Biennia (Projected Costs)..................................................... $0
TOTAL...................................................... $7,406,000
NEW SECTION. Sec. 3192. FOR THE DEPARTMENT OF FISH AND WILDLIFE
Minor Works - Fish Passage Barriers (Culverts) (91000045)
Reappropriation:
State Building Construction Account—State....................... $515,000
Prior Biennia (Expenditures)................................................ $980,000
Future Biennia (Projected Costs)..................................................... $0
TOTAL...................................................... $1,495,000
NEW SECTION. Sec. 3193. FOR THE DEPARTMENT OF FISH AND WILDLIFE
Leque Island Highway 532 Road Protection (92000019)
Reappropriation:
State Building Construction Account—State....................... $390,000
Prior Biennia (Expenditures)................................................ $290,000
Future Biennia (Projected Costs)..................................................... $0
TOTAL......................................................... $680,000
NEW SECTION. Sec. 3194. FOR THE DEPARTMENT OF FISH AND WILDLIFE
Beebe Springs Development (92000026)
Reappropriation:
State Building Construction Account—State....................... $640,000
Prior Biennia (Expenditures)............................................. $1,251,000
Future Biennia (Projected Costs)..................................................... $0
TOTAL...................................................... $1,891,000
NEW SECTION. Sec. 3195. FOR THE DEPARTMENT OF FISH AND WILDLIFE
Beebe Springs (92000034)
Reappropriation:
State Building Construction Account—State....................... $497,000
Prior Biennia (Expenditures).................................................... $3,000
Future Biennia (Projected Costs)..................................................... $0
TOTAL......................................................... $500,000
NEW SECTION. Sec. 3196. FOR THE DEPARTMENT OF FISH AND WILDLIFE
Minor Works Preservation (30000479)
Reappropriation:
State Building Construction Account—State.................... $2,500,000
Prior Biennia (Expenditures)............................................. $7,475,000
Future Biennia (Projected Costs)..................................................... $0
TOTAL...................................................... $9,975,000
NEW SECTION. Sec. 3197. FOR THE PUGET SOUND PARTNERSHIP
Community Partnership Restoration Grants (30000007)
Reappropriation:
General Fund—Federal..................................................... $1,575,000
Prior Biennia (Expenditures).................................................. $50,000
Future Biennia (Projected Costs)..................................................... $0
TOTAL...................................................... $1,625,000
NEW SECTION. Sec. 3198. FOR THE DEPARTMENT OF NATURAL RESOURCES
Land Acquisition Grants (20052021)
Reappropriation:
General Fund—Federal..................................................... $2,360,000
Appropriation:
General Fund—Federal..................................................... $5,000,000
Prior Biennia (Expenditures)........................................... $82,158,000
Future Biennia (Projected Costs)..................................... $20,000,000
TOTAL.................................................. $109,518,000
NEW SECTION. Sec. 3199. FOR THE DEPARTMENT OF NATURAL RESOURCES
Forest Legacy (30000060)
Reappropriation:
General Fund—Federal..................................................... $4,020,000
Appropriation:
General Fund—Federal................................................... $14,000,000
Prior Biennia (Expenditures)........................................... $16,980,000
Future Biennia (Projected Costs)..................................... $56,000,000
TOTAL.................................................... $91,000,000
NEW SECTION. Sec. 3200. FOR THE DEPARTMENT OF NATURAL RESOURCES
Forest Riparian Easement Program (30000198)
Appropriation:
State Building Construction Account—State.................... $3,500,000
Prior Biennia (Expenditures)............................................. $2,999,000
Future Biennia (Projected Costs)..................................... $14,000,000
TOTAL.................................................... $20,499,000
NEW SECTION. Sec. 3201. FOR THE DEPARTMENT OF NATURAL RESOURCES
Trust Land Transfer (30000200)
The appropriation in this section is subject to the following conditions and limitations:
(1) The appropriation is provided solely to the department to transfer from trust status, or enter into fifty year leases for, certain trust lands of statewide significance deemed appropriate for state park, fish and wildlife habitat, natural area preserve, natural resources conservation area, DNR community forest open space, or recreation purposes. The approved list of properties for lease or transfer is identified in the LEAP capital document No. 2015-4, developed March 27, 2015.
(2) Property transferred under this section must be appraised and transferred at fair market value. By September 30, 2015, the department must deposit in the common school construction account the portion of the appropriation in this section that represents the estimated value of the timber on the transferred properties. This transfer must be made in the same manner as timber revenues from other common school trust lands. No deduction may be made for the resource management cost account under RCW 79.64.040. The portion of the appropriation in this section that represents the value of the land transferred must be deposited in the natural resources real property replacement account.
(3) Property subject to lease agreements under this section must be appraised at fair market value. Lease terms must be fifty years with options to renew for an additional fifty years. Lease payments must be lump sum payments for the entire term of the lease at the beginning of the lease. The department shall calculate such lump sum payments using professional appraisal standards. These lease payments may not exceed the fee simple purchase price based on current fair market value and must be deposited by the department to the common school construction account in the same manner as lease revenues from other common school trust lands. No deduction may be made for the resource management cost account under RCW 79.64.040. No later than September 30, 2015, the department must transfer to the common school construction account the portion of the appropriation in this section that is attributable to receipts from lease payments.
(4) All reasonable costs incurred by the department to implement this section are authorized to be paid out of the appropriations. Authorized costs include the actual cost of appraisals, staff time, environmental reviews, surveys, and other similar costs and may not exceed one and nine-tenths percent of the appropriation.
(5) Intergrant exchanges between common school and other trust lands of equal value may occur if the exchange is in the interest of each trust, as determined by the board of natural resources.
(6) Prior to or concurrent with conveyance of these properties, the department, with full cooperation of the receiving agencies, shall execute and record a real property instrument that dedicates the transferred properties to the purposes identified in subsection (1) of this section. Fee transfer agreements for properties identified in subsection (1) of this section must include terms that perpetually restrict the use of the property to the intended purpose. Lease agreements for properties identified in subsection (1) of this section must include terms that restrict use of the property to the intended purpose for the term of the lease. Transfer and lease agreements may include provisions for receiving agencies to request alternative uses of the property, provided the alternative uses are compatible with the originally intended public purpose and the department and legislature approves such uses.
(7) The department and receiving agencies shall work in good faith to carry out the intent of this section. However, the department or receiving agencies may remove a property from the transfer list based on new, substantive information, if it is determined that transfer of the property is not in the statewide interest of either the common school trust or the receiving agency.
(8) $26,422,000 of the appropriation must be deposited in the common school construction account by September 30, 2015. The department shall execute trust land transfers so that after the deduction of reasonable costs as provided in subsection (4) of this section on an aggregate basis eighty percent or more of the total appropriation value is timber value or lease payments and is deposited in the common school construction account. To achieve the eighty percent requirement, the department may choose to lease properties originally intended as transfers or transfer properties originally intended as leases.
(9) By June 30, 2017, the state treasurer shall transfer to the common school construction account any unexpended balance of the appropriation in this section.
Appropriation:
State Building Construction Account—State.................. $37,746,000
Prior Biennia (Expenditures)......................................... $115,735,000
Future Biennia (Projected Costs)................................... $240,000,000
TOTAL.................................................. $393,481,000
NEW SECTION. Sec. 3202. FOR THE DEPARTMENT OF NATURAL RESOURCES
Sustainable Recreation (30000207)
Appropriation:
State Building Construction Account—State.................... $4,600,000
Prior Biennia (Expenditures)............................................. $2,500,000
Future Biennia (Projected Costs)..................................... $18,400,000
TOTAL.................................................... $25,500,000
NEW SECTION. Sec. 3203. FOR THE DEPARTMENT OF NATURAL RESOURCES
Road Maintenance and Abandonment Plans (RMAP) (30000211)
Reappropriation:
State Building Construction Account—State....................... $138,000
Prior Biennia (Expenditures)............................................. $1,862,000
Future Biennia (Projected Costs)..................................................... $0
TOTAL...................................................... $2,000,000
NEW SECTION. Sec. 3204. FOR THE DEPARTMENT OF NATURAL RESOURCES
Community Forest Trust (30000217)
Appropriation:
State Building Construction Account—State.................... $3,442,000
Prior Biennia (Expenditures)........................................................... $0
Future Biennia (Projected Costs)..................................................... $0
TOTAL...................................................... $3,442,000
NEW SECTION. Sec. 3205. FOR THE DEPARTMENT OF NATURAL RESOURCES
Rivers and Habitat Open Space Program (30000221)
Appropriation:
State Building Construction Account—State.................... $2,000,000
Prior Biennia (Expenditures)................................................ $500,000
Future Biennia (Projected Costs)....................................... $8,000,000
TOTAL.................................................... $10,500,000
NEW SECTION. Sec. 3206. FOR THE DEPARTMENT OF NATURAL RESOURCES
Trust Land Replacement (30000222)
Appropriation:
Nat Res Real Property Replacement—State................... $15,000,000
Resources Management Cost Account—State................ $15,000,000
Subtotal Appropriation............................ $30,000,000
Prior Biennia (Expenditures)........................................... $50,500,000
Future Biennia (Projected Costs)................................... $242,000,000
TOTAL.................................................. $322,500,000
NEW SECTION. Sec. 3207. FOR THE DEPARTMENT OF NATURAL RESOURCES
State Forest Land Replacement (30000223)
The appropriation in this section is subject to the following conditions and limitations:
(1) The appropriation in this section is provided solely to the department to transfer from state forest land status to natural resources conservation area status certain state forest lands in counties with a population of twenty-five thousand or less which are subject to timber harvest deferrals greater than thirty years due to the presence of wildlife species listed as endangered or threatened under the federal endangered species act. The total appropriation is to be used equally for the transfer of qualifying state forest lands in the qualifying counties.
(2) Property transferred under this section must be appraised and transferred at fair market value, without consideration of management or regulatory encumbrances associated with wildlife species listed under the federal endangered species act. The value of the timber and other valuable materials transferred must be distributed as provided in RCW 79.64.110. The value of the land transferred must be deposited in the park land trust revolving account and be used solely to buy replacement state forest land, consistent with RCW 79.22.060.
(3) Prior to or concurrent with conveyance of these properties, the department shall execute and record a real property instrument that dedicates the transferred properties to the purposes identified in subsection (1) of this section. Transfer agreements for properties identified in subsection (1) of this section must include terms that restrict the use of the property to the intended purpose.
(4) The department and applicable counties shall work in good faith to carry out the intent of this section. The department shall identify eligible properties for transfer, consistent with subsection (1) of this section, in consultation with the applicable counties, and may not execute any property transfers that are not in the statewide interest of either the state forest trust or the natural resources conservation area program.
Appropriation:
State Building Construction Account—State.................... $1,500,000
Prior Biennia (Expenditures)............................................. $1,500,000
Future Biennia (Projected Costs)....................................... $6,000,000
TOTAL...................................................... $9,000,000
NEW SECTION. Sec. 3208. FOR THE DEPARTMENT OF NATURAL RESOURCES
Forest Hazard Reduction (30000224)
The appropriation in this section is subject to the following conditions and limitations: The appropriation is provided solely for forest health restoration treatments on state lands. The appropriation may be used for project planning, site preparation, permitting, mechanical treatments, thinning treatments, or prescribed burning.
Appropriation:
State Building Construction Account—State.................... $5,000,000
Prior Biennia (Expenditures)............................................. $4,000,000
Future Biennia (Projected Costs)..................................... $20,000,000
TOTAL.................................................... $29,000,000
NEW SECTION. Sec. 3209. FOR THE DEPARTMENT OF NATURAL RESOURCES
DNR Olympic Region Shop Fire Recovery (30000225)
Appropriation:
State Building Construction Account—State....................... $544,000
Prior Biennia (Expenditures)........................................................... $0
Future Biennia (Projected Costs)..................................................... $0
TOTAL......................................................... $544,000
NEW SECTION. Sec. 3210. FOR THE DEPARTMENT OF NATURAL RESOURCES
Blanchard Working Forest (30000231)
Appropriation:
State Building Construction Account—State.................... $2,000,000
Prior Biennia (Expenditures)........................................................... $0
Future Biennia (Projected Costs)....................................... $5,500,000
TOTAL...................................................... $7,500,000
NEW SECTION. Sec. 3211. FOR THE DEPARTMENT OF NATURAL RESOURCES
2015-2017 Minor Works Programmatic (30000237)
Appropriation:
State Building Construction Account—State....................... $540,000
Prior Biennia (Expenditures)........................................................... $0
Future Biennia (Projected Costs)..................................................... $0
TOTAL......................................................... $540,000
NEW SECTION. Sec. 3212. FOR THE DEPARTMENT OF NATURAL RESOURCES
2015-2017 Minor Works Preservation (30000238)
Appropriation:
State Building Construction Account—State.................... $4,500,000
Prior Biennia (Expenditures)........................................................... $0
Future Biennia (Projected Costs)..................................................... $0
TOTAL...................................................... $4,500,000
NEW SECTION. Sec. 3213. FOR THE DEPARTMENT OF NATURAL RESOURCES
Contaminated Sites Cleanup and Settlement (30000240)
The appropriation in this section is subject to the following conditions and limitations:
(1) $261,000 is provided solely for the state's share of liability under the model toxics control act for the cleanup of lead contamination at a rock pit now owned by plum creek timber company.
(2) $95,000 is provided solely for the contaminated soils cleanup at the Cedar creek correction center.
(3) $125,000 is provided solely for the webster nursery pesticides and groundwater cleanup.
(4) $375,000 is provided solely for the underground storage tank cleanup of contaminated soils of an old fueling station at the department of natural resources, SE region headquarters' parking lot that is within the city of Ellensburg new drinking water supply wellhead protection area.
Appropriation:
Environmental Legacy Stewardship Account—State.......... $856,000
Prior Biennia (Expenditures)........................................................... $0
Future Biennia (Projected Costs)..................................................... $0
TOTAL......................................................... $856,000
NEW SECTION. Sec. 3214. FOR THE DEPARTMENT OF NATURAL RESOURCES
Natural Areas Facilities Preservation and Access (30000241)
Appropriation:
State Building Construction Account—State.................... $3,100,000
Prior Biennia (Expenditures)........................................................... $0
Future Biennia (Projected Costs)....................................... $8,000,000
TOTAL.................................................... $11,100,000
NEW SECTION. Sec. 3215. FOR THE DEPARTMENT OF NATURAL RESOURCES
Road Maintenance and Abandonment Plan (RMAP) (91000040)
Reappropriation:
State Building Construction Account—State....................... $240,000
Appropriation:
State Building Construction Account—State.................... $7,900,000
Prior Biennia (Expenditures)............................................. $6,594,000
Future Biennia (Projected Costs)....................................... $2,524,000
TOTAL.................................................... $17,258,000
NEW SECTION. Sec. 3216. FOR THE DEPARTMENT OF NATURAL RESOURCES
Puget Sound Corps (91000046)
The appropriation in this section is subject to the following conditions and limitations: $1,200,000 of the state building construction account—state is provided solely for implementation of Substitute Senate Bill No. 5166 (concerning the management of forage fish resources). If the bill is not enacted by June 30, 2015, the amount provided in this subsection shall lapse.
Reappropriation:
Aquatic Lands Enhancement Account—State..................... $200,000
Appropriation:
State Building Construction Account—State.................... $6,000,000
Prior Biennia (Expenditures)........................................... $12,800,000
Future Biennia (Projected Costs)..................................... $24,000,000
TOTAL.................................................... $43,000,000
NEW SECTION. Sec. 3217. FOR THE DEPARTMENT OF NATURAL RESOURCES
Barbeque Flats Road Access (91000081)
Reappropriation:
State Building Construction Account—State....................... $480,000
Prior Biennia (Expenditures).................................................. $20,000
Future Biennia (Projected Costs)..................................................... $0
TOTAL......................................................... $500,000
NEW SECTION. Sec. 3218. FOR THE DEPARTMENT OF NATURAL RESOURCES
Quinault Coastal Forest and Watershed Restoration Grant (92000019)
Reappropriation:
State Building Construction Account—State....................... $500,000
Prior Biennia (Expenditures)............................................. $1,300,000
Future Biennia (Projected Costs)..................................................... $0
TOTAL...................................................... $1,800,000
NEW SECTION. Sec. 3219. FOR THE DEPARTMENT OF AGRICULTURE
Animal Disease Traceability (91000004)
The reappropriation in this section is subject to the following conditions and limitations: The reappropriation in this section is provided solely for the department to work with industry partners to continue and to enhance development of the in-state animal disease traceability system. The reappropriation shall be used to develop or enhance electronic cattle transaction reporting, electronic certificate of veterinary inspection, and, as resources permit, electronic livestock inspection systems.
Reappropriation:
Public Facility Construction Loan Revolving
Account—State............................................................. $249,000
Prior Biennia (Expenditures)................................................ $632,000
Future Biennia (Projected Costs)..................................................... $0
TOTAL......................................................... $881,000
PART 4
TRANSPORTATION
NEW SECTION. Sec. 4001. FOR THE WASHINGTON STATE PATROL
FTA Access Road Reconstruction (30000059)
Appropriation:
Fire Service Training Account—State.............................. $1,000,000
Prior Biennia (Expenditures)........................................................... $0
Future Biennia (Projected Costs).......................................... $950,000
TOTAL...................................................... $1,950,000
NEW SECTION. Sec. 4002. FOR THE WASHINGTON STATE PATROL
Fire Training Academy Burn Building Replacement (30000071)
Reappropriation:
Fire Service Training Account—State................................. $200,000
Appropriation:
State Building Construction Account—State.................... $5,000,000
Prior Biennia (Expenditures)............................................. $1,300,000
Future Biennia (Projected Costs)..................................................... $0
TOTAL...................................................... $6,500,000
PART 5
EDUCATION
NEW SECTION. Sec. 5001. FOR THE SUPERINTENDENT OF PUBLIC INSTRUCTION
Pierce County Skills Center (20084856)
Reappropriation:
State Building Construction Account—State.................... $5,432,000
Prior Biennia (Expenditures)........................................... $30,083,000
Future Biennia (Projected Costs)..................................................... $0
TOTAL.................................................... $35,515,000
NEW SECTION. Sec. 5002. FOR THE SUPERINTENDENT OF PUBLIC INSTRUCTION
2009-11 School Construction Asst. Grant Program (30000031)
The reappropriation in this section is subject to the following conditions and limitations: The reappropriation is subject to the provisions of section 5004, chapter 19, Laws of 2013 2nd sp. sess.
Reappropriation:
Common School Construction Account—State................ $7,968,000
Prior Biennia (Expenditures)......................................... $389,161,000
Future Biennia (Projected Costs)..................................................... $0
TOTAL.................................................. $397,129,000
NEW SECTION. Sec. 5003. FOR THE SUPERINTENDENT OF PUBLIC INSTRUCTION
2011-13 School Construction Assistance Program (30000071)
Reappropriation:
Common School Construction Account—State.............. $59,299,000
Prior Biennia (Expenditures)......................................... $497,839,000
Future Biennia (Projected Costs)..................................................... $0
TOTAL.................................................. $557,138,000
NEW SECTION. Sec. 5004. FOR THE SUPERINTENDENT OF PUBLIC INSTRUCTION
Yakima Valley Technical Skills Center (30000076)
Reappropriation:
State Building Construction Account—State.................... $2,060,000
Prior Biennia (Expenditures)........................................... $21,503,000
Future Biennia (Projected Costs)..................................................... $0
TOTAL.................................................... $23,563,000
NEW SECTION. Sec. 5005. FOR THE SUPERINTENDENT OF PUBLIC INSTRUCTION
SEA-Tech Branch Campus of Tri-Tech Skills Center (30000078)
Reappropriation:
State Building Construction Account—State....................... $338,000
Prior Biennia (Expenditures)........................................... $11,181,000
Future Biennia (Projected Costs)..................................................... $0
TOTAL.................................................... $11,519,000
NEW SECTION. Sec. 5006. FOR THE SUPERINTENDENT OF PUBLIC INSTRUCTION
Grant County Branch Campus of Wenatchee Valley Skills Center (30000091)
Reappropriation:
State Building Construction Account—State.................... $1,183,000
Prior Biennia (Expenditures)........................................... $18,225,000
Future Biennia (Projected Costs)..................................................... $0
TOTAL.................................................... $19,408,000
NEW SECTION. Sec. 5007. FOR THE SUPERINTENDENT OF PUBLIC INSTRUCTION
Clark County Skills Center (30000093)
Reappropriation:
State Building Construction Account—State.................... $1,100,000
Prior Biennia (Expenditures)............................................. $6,801,000
Future Biennia (Projected Costs)..................................................... $0
TOTAL...................................................... $7,901,000
NEW SECTION. Sec. 5008. FOR THE SUPERINTENDENT OF PUBLIC INSTRUCTION
2013-15 School Construction Assistance Program - Maintenance (30000145)
The reappropriation in this section is subject to the following conditions and limitations: The reappropriation is subject to the provisions of section 5020, chapter 19, Laws of 2013 2nd sp. sess.
Reappropriation:
State Building Construction Account—State................ $154,741,000
Common School Construction Account—State............ $100,456,000
Subtotal Reappropriation....................... $255,197,000
Prior Biennia (Expenditures)......................................... $132,250,000
Future Biennia (Projected Costs)..................................................... $0
TOTAL.................................................. $387,447,000
NEW SECTION. Sec. 5009. FOR THE SUPERINTENDENT OF PUBLIC INSTRUCTION
Tri-Tech Skills Center East Growth (30000159)
The appropriations in this section are subject to the following conditions and limitations: Funding is provided solely as a grant to constitute local funding available to the Tri-tech skills center in order to be eligible for state funding assistance through the school construction assistance program pursuant to RCW 28A.525.166.
Appropriation:
State Building Construction Account—State.................... $1,702,000
Prior Biennia (Expenditures)........................................................... $0
Future Biennia (Projected Costs)..................................................... $0
TOTAL...................................................... $1,702,000
NEW SECTION. Sec. 5010. FOR THE SUPERINTENDENT OF PUBLIC INSTRUCTION
Clark County Building 100 Modernization (30000160)
The appropriations in this section are subject to the following conditions and limitations: Funding is provided solely as a grant to constitute local funding available to the Clark county skills center in order to be eligible for state funding assistance through the school construction assistance program pursuant to RCW 28A.525.166.
Appropriation:
State Building Construction Account—State....................... $300,000
Prior Biennia (Expenditures)........................................................... $0
Future Biennia (Projected Costs)..................................................... $0
TOTAL......................................................... $300,000
NEW SECTION. Sec. 5011. FOR THE SUPERINTENDENT OF PUBLIC INSTRUCTION
Tri-Tech Skills Center Core Growth (30000161)
The appropriations in this section are subject to the following conditions and limitations: Funding is provided solely as a grant to constitute local funding available to the Tri-tech skills center in order to be eligible for state funding assistance through the school construction assistance program pursuant to RCW 28A.525.166.
Appropriation:
State Building Construction Account—State....................... $325,000
Prior Biennia (Expenditures)........................................................... $0
Future Biennia (Projected Costs)..................................................... $0
TOTAL......................................................... $325,000
NEW SECTION. Sec. 5012. FOR THE SUPERINTENDENT OF PUBLIC INSTRUCTION
Capital Program Administration (30000165)
The appropriation in this section is subject to the following conditions and limitations:
(1) The superintendent of public instruction will publish to its web site and report to the office of financial management, the appropriate committees of the legislature, and the legislative evaluation and accountability program a list of local school district projects submitted for school construction assistance within seven business days of the grant program deadline. The report must be updated within seven days following the superintendent of public instruction's final grant award decisions. The report must include, but not be limited to:
(a) School district;
(b) Project name;
(c) Estimated square footage by proposed project type;
(d) Estimated total of all project costs and estimated total construction contract cost;
(e) Funding sources and election dates, if applicable; and
(f) Intent to front-fund the project.
(2) The superintendent of public instruction will provide to the office of financial management and the legislative evaluation and accountability program committee in electronic database form the following:
(a) Study and survey information beginning with grants awarded July 1, 2015; and
(b) All available inventory and condition of schools data.
Appropriation:
Common School Construction Account—State................ $2,924,000
Prior Biennia (Expenditures)........................................................... $0
Future Biennia (Projected Costs)..................................... $12,244,000
TOTAL.................................................... $15,168,000
NEW SECTION. Sec. 5013. FOR THE SUPERINTENDENT OF PUBLIC INSTRUCTION
2015-17 Energy Grants (30000167)
The appropriation in this section is subject to the following conditions and limitations:
(1)(a) Grants shall be awarded for projects that use the energy savings performance contracting method under chapter 39.35C RCW or an equivalent method of evaluating and delivering energy operational costs savings improvements.
(b) Projects that do not use energy savings performance contracting must: (i) Verify energy and operational cost savings for ten years or until the energy and operational costs savings pay for the project, whichever is shorter; (ii) follow the department of enterprise service's energy savings performance contracting method guidelines; and (iii) employ a licensed engineer for the energy audit, design, and construction.
(c) The office of the superintendent of public instruction may require third-party verification of savings if a project is not implemented by an energy savings performance contracting method as outlined in chapter 39.35C RCW. If required, third-party verification must be conducted either by an energy savings performance contractor qualified by the department of enterprise services, or a licensed engineer that is a certified energy manager.
(2) Projects must be weighted and prioritized based on the following criteria and in the following order: (a) Healthiest next generation initiative: Priority consideration shall be given to applicants that demonstrate improved health and safety through (i) reduced exposure to polychlorinated biphenyl; or (ii) replacing outdated heating systems that use oil or propane as fuel sources as identified by the Washington state university extension energy program; (b) prior grant award: Priority consideration must be given to applicants that did not receive grant awards from appropriations provided in section 5023, chapter 19, Laws of 2013 2nd sp. sess.; (c) leverage ratio: The higher the leverage ratio of guaranteed energy savings and utility or other incentives to state grant, the higher the project ranking; (d) energy savings: The higher the simple payback for energy savings, not to exceed the useful life of the energy conservation measure, the higher the project ranking; and (e) persistence: The more extensively a project ensures the persistence of energy operational cost savings through ongoing measurement, verification, and reporting over the life of a project, the higher the project ranking.
(3) In order to be eligible for energy cost savings grants under this section, school districts must complete an investment grade audit prior to application or have completed an audit in the 2015-2017 biennium.
(4)(a) The superintendent of public instruction must pay one-half of the preliminary audit, up to five cents per square foot, if the project does not meet the school district's predetermined cost-effectiveness criteria. Public school districts must pay the other one-half of the cost of the preliminary audit if the project does not meet their predetermined cost-effectiveness criteria.
(b) The energy savings performance contractor may not charge for an investment grade audit if the project does not meet the school district's predetermined cost-effectiveness criteria. Public school districts must pay the full price of an investment grade audit if they do not proceed with a project that meets the school district's predetermined cost-effectiveness criteria.
(5) Applicants must submit documentation that demonstrates energy and operational cost savings resulting from the installation of the energy equipment and improvements. The energy savings analysis must be performed by a licensed engineer and the documentation must include, but is not limited to, the following:
(a) A description of the energy equipment and improvements; and
(b) A description of the energy and operational cost savings.
(6) Each school district is limited to one grant award and no more than $1,000,000.
(7) The office of the superintendent of public instruction may charge fees consistent with capital budget guidelines established by the office of financial management for administering the grants.
(8) The superintendent of public instruction must report to the appropriate committees of the legislature and the office of financial management on the timing and use of the funds by the end of each fiscal year, until the funds are fully expended.
Appropriation:
State Building Construction Account—State.................... $8,000,000
Prior Biennia (Expenditures)........................................................... $0
Future Biennia (Projected Costs)..................................... $40,000,000
TOTAL.................................................... $48,000,000
NEW SECTION. Sec. 5014. FOR THE SUPERINTENDENT OF PUBLIC INSTRUCTION
2015-17 School Construction Assistance Program (30000169)
The appropriations in this section are subject to the following conditions and limitations:
(1) $771,000 of the common school construction account—state is provided solely for mapping the design of new facilities and remapping the design of facilities to be remodeled, for school construction projects funded through the school construction assistance program.
(2) $990,000 of the common school construction account—state is provided solely for the Spokane valley technical skills center to construct five science classrooms.
(3) The office of the superintendent of public instruction, in consultation with the technical advisory committee, must develop a formula-based method of allocating energy incentives that would be administered through the school construction assistance program to increase energy efficiency and the use of renewable resources. The recommended formula-based method must be submitted to the office of financial management and the appropriate committees of the legislature by December 31, 2015.
(4) The office of the superintendent of public instruction must weight and prioritize grant requests on the following criteria and in the following order: (a) Will provide facility capacity needs to reduce kindergarten through third grade class sizes at high poverty schools; (b) will provide facility capacity needs to reduce kindergarten through third grade class sizes in remaining schools.
(5) The office of the superintendent of public instruction must expedite allocation and distribution of any eligible funds under the school construction assistance grant program for the appropriations provided to the superintendent of public instruction in this act for distressed schools, STEM pilot projects, or skill centers. For purposes of determining state funding assistance, eligible area must be calculated as follows: (a) Eligible area for STEM pilot projects is one thousand, four hundred, forty square feet per science lab and/or classroom combination; and one thousand, forty square feet per science classroom. Total eligible area per STEM pilot project must not exceed fourteen thousand, four hundred square feet; (b) eligible area for skill centers is gross square feet of the proposed project as submitted to the office of financial management as requested by the superintendent for consideration in the 2015-2017 capital budget. Eligible area for the Spokane Valley Technical Skills Center must not exceed five thousand, four hundred square feet, and; (c) eligible area for replacement of the cafeteria at Marysville-Pilchuck high school is ten thousand, five hundred square feet.
Appropriation:
State Building Construction Account—State................ $387,667,000
Common School Construction Account—State............ $235,162,000
Common School Construction Account—Federal............ $4,650,000
Subtotal Appropriation.......................... $627,479,000
Prior Biennia (Expenditures)........................................................... $0
Future Biennia (Projected Costs)................................ $3,637,893,000
TOTAL............................................... $4,265,372,000
NEW SECTION. Sec. 5015. FOR THE SUPERINTENDENT OF PUBLIC INSTRUCTION
Full Day Kindergarten Capacity Grants (30000174)
The appropriation in this section is subject to the following conditions and limitations:
(1) The appropriation is provided solely for providing space to support full-day kindergarten enrollment to those school districts with a demonstrated need. Grants may be applied for new construction, portable classrooms, or retrofits to existing facilities to accommodate kindergarten enrollment.
(2) The office of the superintendent of public instruction shall develop criteria for providing funding for specific projects to stay within the appropriation level provided in this section. The criteria must include, but are not limited to, the following: (a) Prioritizing districts eligible to receive the grant to those that have a lower ending fund balance; (b) considering a district's ability to raise funds through levies or bonds in the prior ten year period; (c) prioritizing projects that will provide full-day kindergarten at high poverty schools; and (d) requiring any district receiving funding provided in this section to demonstrate an inability to provide space for full-day kindergarten enrollment within existing school facilities.
(3) Portable classrooms funded through this grant program do not count against a district's eligibility for the school construction assistance program.
(4) The office of the state treasurer must manage the issuance of bonds associated with these grants so as to incur the lowest possible debt service costs by aligning their final maturities with the short useful life of the portables being financed.
Appropriation:
State Building Construction Account—State.................. $10,000,000
Prior Biennia (Expenditures)........................................................... $0
Future Biennia (Projected Costs)..................................................... $0
TOTAL.................................................... $10,000,000
NEW SECTION. Sec. 5016. FOR THE SUPERINTENDENT OF PUBLIC INSTRUCTION
Healthy Kids - Healthy Schools Grants (91000406)
The appropriation in this section is subject to the following conditions and limitations:
(1) The office of the superintendent of public instruction, after consulting with maintenance and operations administrators of school districts and the department of health, shall develop criteria for providing funding and outcomes for specific projects to stay within the appropriation level provided in this section consistent with the healthiest next generation priorities. The criteria must include, but are not limited to, the following: (a) Districts or schools may apply for grants but no single district may receive more than $200,000 of the appropriation; (b) requiring any district receiving funding provided in this section to demonstrate a consistent commitment to addressing school facilities' needs; (c) requiring any district receiving funding provided in this section to demonstrate a consistent commitment to support Washington's healthiest next generation efforts; and (d) prioritizing applicants with a high percentage of students who are eligible and enrolled in the free and reduced-price meals program.
(2) A maximum of $2,000,000 of the appropriation is for competitive equipment assistance grants consistent with chapter . . ., Laws of 2015 (House Bill No. 1164).
(3) A maximum of $1,000,000 of the appropriation is for the purchase and installation of water bottle filling stations.
(4) The remainder of the appropriation may be used to purchase equipment or make repairs and renovations related to improving children's health and may include, but are not limited to, the following: (a) Fitness playground equipment, covered play, physical education equipment or related structures or renovation; (b) garden related structures and greenhouses to provide students access to fresh produce; and (c) kitchen equipment or upgrades.
(5) If grant applications for purposes of subsections (2) and (3) of this section are insufficient to exhaust the maximum amounts specified in those subsections, the remaining amounts may be expended for purposes of subsection (4) of this section.
(6) The office of the state treasurer must manage the issuance of bonds associated with these grants so as to incur the lowest possible debt service costs by aligning their final maturities with the short useful life of the equipment being financed.
Appropriation:
State Building Construction Account—State.................... $5,000,000
Prior Biennia (Expenditures)........................................................... $0
Future Biennia (Projected Costs)..................................... $20,000,000
TOTAL.................................................... $25,000,000
NEW SECTION. Sec. 5017. FOR THE SUPERINTENDENT OF PUBLIC INSTRUCTION
Energy Efficiency Grants for K-12 Schools (91000017)
Reappropriation:
State Building Construction Account—State....................... $415,000
Prior Biennia (Expenditures)........................................... $39,585,000
Future Biennia (Projected Costs)..................................................... $0
TOTAL.................................................... $40,000,000
NEW SECTION. Sec. 5018. FOR THE SUPERINTENDENT OF PUBLIC INSTRUCTION
Distressed Schools (91000024)
The reappropriation in this section is subject to the following conditions and limitations: The reappropriation is subject to the provisions of section 5021, chapter 19, Laws of 2013 2nd sp. sess.
Reappropriation:
State Building Construction Account—State.................. $10,000,000
Prior Biennia (Expenditures)........................................................... $0
Future Biennia (Projected Costs)..................................................... $0
TOTAL.................................................... $10,000,000
NEW SECTION. Sec. 5019. FOR THE SUPERINTENDENT OF PUBLIC INSTRUCTION
Energy Efficiency Grants for K-12 Schools (91000025)
Reappropriation:
State Building Construction Account—State.................... $4,186,000
Prior Biennia (Expenditures)............................................. $2,814,000
Future Biennia (Projected Costs)..................................................... $0
TOTAL...................................................... $7,000,000
NEW SECTION. Sec. 5020. FOR THE SUPERINTENDENT OF PUBLIC INSTRUCTION
San Juan Island School District STEM Vocational Bldg Renovation (91000027)
Reappropriation:
State Building Construction Account—State....................... $166,000
Prior Biennia (Expenditures)................................................ $834,000
Future Biennia (Projected Costs)..................................................... $0
TOTAL...................................................... $1,000,000
NEW SECTION. Sec. 5021. FOR THE SUPERINTENDENT OF PUBLIC INSTRUCTION
Wenatchee Valley Skills Center (92000004)
Reappropriation:
State Building Construction Account—State.................... $2,167,000
Prior Biennia (Expenditures)............................................. $7,333,000
Future Biennia (Projected Costs)..................................................... $0
TOTAL...................................................... $9,500,000
NEW SECTION. Sec. 5022. FOR THE SUPERINTENDENT OF PUBLIC INSTRUCTION
NEWTECH (Spokane Area Professional-Technical Skills Center) (92000005)
The appropriations in this section are subject to the following conditions and limitations: Funding is provided solely as a grant to constitute local funding available to NEWTECH (Spokane area professional-technical skills center) in order to be eligible for state funding assistance through the school construction assistance program pursuant to RCW 28A.525.166.
Reappropriation:
State Building Construction Account—State.................... $7,786,000
Appropriation:
School Construction and Skill Centers Building
Account......................................................................... $500,000
Prior Biennia (Expenditures)............................................. $5,901,000
Future Biennia (Projected Costs)..................................................... $0
TOTAL.................................................... $14,187,000
NEW SECTION. Sec. 5023. FOR THE SUPERINTENDENT OF PUBLIC INSTRUCTION
Puget Sound Skills Center (92000007)
The appropriations in this section are subject to the following conditions and limitations: Funding is provided solely as a grant to constitute local funding available to the Puget Sound skills center in order to be eligible for state funding assistance through the school construction assistance program pursuant to RCW 28A.525.166.
Appropriation:
State Building Construction Account—State.................... $3,600,000
Prior Biennia (Expenditures)............................................. $1,500,000
Future Biennia (Projected Costs)..................................................... $0
TOTAL...................................................... $5,100,000
NEW SECTION. Sec. 5024. FOR THE SUPERINTENDENT OF PUBLIC INSTRUCTION
Distressed Schools (92000009)
The reappropriation in this section is subject to the following conditions and limitations: The reappropriation is subject to the provisions of section 602, chapter 1, Laws of 2012 2nd sp. sess.
Reappropriation:
State Building Construction Account—State....................... $510,000
Prior Biennia (Expenditures)........................................... $26,890,000
Future Biennia (Projected Costs)..................................................... $0
TOTAL.................................................... $27,400,000
NEW SECTION. Sec. 5025. FOR THE SUPERINTENDENT OF PUBLIC INSTRUCTION
Yakima Valley Technical Skills Center Sunnyside Satellite (92000013)
Reappropriation:
State Building Construction Account—State....................... $343,000
Prior Biennia (Expenditures)............................................. $5,882,000
Future Biennia (Projected Costs)..................................................... $0
TOTAL...................................................... $6,225,000
NEW SECTION. Sec. 5026. FOR THE SUPERINTENDENT OF PUBLIC INSTRUCTION
School Security Improvement Grants (92000015)
The reappropriation in this section is subject to the following conditions and limitations: The reappropriation is subject to the provisions of section 5025, chapter 19, Laws of 2013 2nd sp. sess.
Reappropriation:
State Building Construction Account—State.................... $5,756,000
Prior Biennia (Expenditures)................................................ $900,000
Future Biennia (Projected Costs)..................................................... $0
TOTAL...................................................... $6,656,000
NEW SECTION. Sec. 5027. FOR THE SUPERINTENDENT OF PUBLIC INSTRUCTION
Delta High School (92000017)
Reappropriation:
State Building Construction Account—State.................... $3,227,000
Prior Biennia (Expenditures)............................................. $2,173,000
Future Biennia (Projected Costs)..................................................... $0
TOTAL...................................................... $5,400,000
NEW SECTION. Sec. 5028. FOR THE SUPERINTENDENT OF PUBLIC INSTRUCTION
STEM Pilot Program (91000402)
The appropriation in this section is subject to the following conditions and limitations:
(1) The amounts in this section are provided solely for the superintendent of public instruction to provide STEM pilot project grants to school districts. These grants constitute the districts' local funding for purposes of eligibility for the school construction assistance program under RCW 28A.525.166. Subject to the terms in this section, school districts are eligible to receive grants if they have a special housing burden due to lack of sufficient space for science classrooms and labs to enable students to meet statutory graduation requirements.
(2) The superintendent shall award grants to eligible school districts under the following conditions:
(a) A district must demonstrate a lack of sufficient space of science classrooms and labs to facilitate meeting statutory graduation requirements;
(b) The district has secured private donations of cash, like-kind, or equipment in a value of no less than two-hundred fifty thousand dollars. Before the superintendent may provide funding assistance through the school construction assistance program, the district must provide verification of the donation to the superintendent;
(c) At least one grant award is made to school districts located in southwest Washington;
(d) At least one grant award is made to school districts located in the Puget Sound region; and
(e) At least two grant awards are made to school districts located east of the Cascade mountains.
(3) The superintendent, in consultation with the Washington STEM education innovation alliance, shall develop criteria for providing funding for specific projects to stay within the appropriation level provided in this section. The criteria must include, but are not limited to, the following:
(a) Priority for school districts that secure private donations of cash, like-kind, or equipment in value no less than two-hundred fifty thousand dollars weighted by the ratio of school district enrollments to value of donation;
(b) A district's ability to raise funds through levies or bonds in the prior ten-year period; and
(c) Priority for applicants with a high percentage of students who are eligible and enrolled in the free and reduced-price meals program.
(4) For purposes of grant applications made in the 2015-2017 biennium, additional square footage funded through this grant program is excluded from the school district's inventory of available educational space for determining eligibility for state assistance for new construction for (a) five years following acceptance of the project by the school district board of directors, or (b) the date of the final review of the latest study and survey of the affected school district following acceptance of the project by the school district board of directors; whichever date is earliest.
(5) Each school district is limited to one grant award of no more than $3,000,000.
(6) The office of the superintendent of public instruction may charge fees consistent with capital budget guidelines established by the office of financial management for administering the grants.
(7) The superintendent of public instruction must report to the appropriate committees of the legislature and the office of financial management on the timing and use of the funds by the end of each fiscal year, until the funds are fully expended.
Appropriation:
State Building Construction Account—State.................. $15,000,000
Prior Biennia (Expenditures)........................................................... $0
Future Biennia (Projected Costs)..................................................... $0
TOTAL.................................................... $15,000,000
NEW SECTION. Sec. 5029. FOR THE SUPERINTENDENT OF PUBLIC INSTRUCTION
Distressed Schools (91000404)
The appropriation in this section is subject to the following conditions and limitations:
(1) $10,000,000 of the appropriation in this section is provided solely for renovations of Magnolia elementary school and E.C. Hughes elementary school.
(2) $5,000,000 of the appropriation is provided solely for the replacement of the Marysville Pilchuck high school cafeteria.
Appropriation:
State Building Construction Account—State.................. $15,000,000
Prior Biennia (Expenditures)........................................................... $0
Future Biennia (Projected Costs)..................................................... $0
TOTAL.................................................... $15,000,000
NEW SECTION. Sec. 5030. FOR THE STATE SCHOOL FOR THE BLIND
General Campus Preservation (30000033)
Reappropriation:
State Building Construction Account—State....................... $100,000
Prior Biennia (Expenditures)................................................ $400,000
Future Biennia (Projected Costs)..................................................... $0
TOTAL......................................................... $500,000
NEW SECTION. Sec. 5031. FOR THE STATE SCHOOL FOR THE BLIND
General Campus Preservation (30000088)
Appropriation:
State Building Construction Account—State....................... $820,000
Prior Biennia (Expenditures)........................................................... $0
Future Biennia (Projected Costs)....................................... $1,920,000
TOTAL...................................................... $2,740,000
NEW SECTION. Sec. 5032. FOR THE WASHINGTON STATE CENTER FOR CHILDHOOD DEAFNESS AND HEARING LOSS
Minor Public Works (30000023)
Reappropriation:
State Building Construction Account—State....................... $972,000
Prior Biennia (Expenditures).................................................. $28,000
Future Biennia (Projected Costs)..................................................... $0
TOTAL...................................................... $1,000,000
NEW SECTION. Sec. 5033. FOR THE WASHINGTON STATE CENTER FOR CHILDHOOD DEAFNESS AND HEARING LOSS
Minor Works - Preservation (30000025)
Appropriation:
State Building Construction Account—State....................... $500,000
Prior Biennia (Expenditures)........................................................... $0
Future Biennia (Projected Costs)....................................... $2,000,000
TOTAL...................................................... $2,500,000
NEW SECTION. Sec. 5034. FOR THE UNIVERSITY OF WASHINGTON
Denny Hall Renovation (20081002)
Reappropriation:
State Building Construction Account—State.................. $27,300,000
Prior Biennia (Expenditures)............................................. $5,590,000
Future Biennia (Projected Costs)..................................................... $0
TOTAL.................................................... $32,890,000
NEW SECTION. Sec. 5035. FOR THE UNIVERSITY OF WASHINGTON
Lewis Hall Renovation (20081003)
Reappropriation:
State Building Construction Account—State....................... $150,000
Prior Biennia (Expenditures)............................................. $3,915,000
Future Biennia (Projected Costs)..................................................... $0
TOTAL...................................................... $4,065,000
NEW SECTION. Sec. 5036. FOR THE UNIVERSITY OF WASHINGTON
Burke Museum (20082850)
Reappropriation:
State Building Construction Account—State....................... $650,000
Appropriation:
State Building Construction Account—State.................. $26,000,000
Prior Biennia (Expenditures)............................................. $3,150,000
Future Biennia (Projected Costs)..................................................... $0
TOTAL.................................................... $29,800,000
NEW SECTION. Sec. 5037. FOR THE UNIVERSITY OF WASHINGTON
Health Sciences Education Phase I - T-Wing Renovation/Addition (30000486)
Appropriation:
State Building Construction Account—State....................... $623,000
Prior Biennia (Expenditures)........................................................... $0
Future Biennia (Projected Costs)..................................... $93,377,000
TOTAL.................................................... $94,000,000
NEW SECTION. Sec. 5038. FOR THE UNIVERSITY OF WASHINGTON
University of Washington Bothell (30000378)
The appropriation in this section is subject to the following conditions and limitations: The appropriation in this section is provided solely for predesign, which may also serve as bridging documents, design, competition honoraria, project management, and other planning activities including permits. The building must be delivered using design build, as defined by chapter 39.10 RCW with a guarantee for energy, operations, and maintenance performance. The term for performance guarantee must not be less than one year. The state may use state employees for services not related to building performance. Criteria for selecting the design build contractor must include life cycle costs, energy costs, or energy use index. Contractors, and architectural and engineering firms may be eligible for additional points during the scoring process if they have experience with the state agency, or if they are considered a small business. The building must be built using sustainable building standards as defined in section 7008 of this act.
Appropriation:
State Building Construction Account—State....................... $500,000
Prior Biennia (Expenditures)........................................................... $0
Future Biennia (Projected Costs)..................................... $57,600,000
TOTAL.................................................... $58,100,000
NEW SECTION. Sec. 5039. FOR THE UNIVERSITY OF WASHINGTON
University of Washington Minor Capital Repairs - Preservation (30000494)
Reappropriation:
University of Washington Building Account—State........ $4,200,000
Prior Biennia (Expenditures)........................................... $42,554,000
TOTAL.................................................... $46,754,000
NEW SECTION. Sec. 5040. FOR THE UNIVERSITY OF WASHINGTON
School of Nursing Simulation Learning Lab (30000600)
Appropriation:
State Building Construction Account—State.................... $4,000,000
Prior Biennia (Expenditures)........................................................... $0
Future Biennia (Projected Costs)..................................................... $0
TOTAL...................................................... $4,000,000
NEW SECTION. Sec. 5041. FOR THE UNIVERSITY OF WASHINGTON
Health Sciences Interprofessional Education Classroom Phase I (30000602)
Appropriation:
State Building Construction Account—State.................... $3,000,000
Prior Biennia (Expenditures)........................................................... $0
Future Biennia (Projected Costs)..................................................... $0
TOTAL...................................................... $3,000,000
NEW SECTION. Sec. 5042. FOR THE UNIVERSITY OF WASHINGTON
Computer Science and Engineering Expansion (30000603)
Appropriation:
State Building Construction Account—State.................... $6,033,000
Prior Biennia (Expenditures)........................................................... $0
Future Biennia (Projected Costs)..................................... $33,967,000
TOTAL.................................................... $40,000,000
NEW SECTION. Sec. 5043. FOR THE UNIVERSITY OF WASHINGTON
University of Washington Minor Capital Repairs - Preservation (30000604)
Appropriation:
University of Washington Building Account—State...... $43,175,000
Prior Biennia (Expenditures)........................................................... $0
Future Biennia (Projected Costs)................................... $172,700,000
TOTAL.................................................. $215,875,000
NEW SECTION. Sec. 5044. FOR THE UNIVERSITY OF WASHINGTON
Preventive Facility Maintenance and Building System Repairs (30000714)
Appropriation:
University of Washington Building Account—State...... $25,825,000
Prior Biennia (Expenditures)........................................................... $0
Future Biennia (Projected Costs)................................... $103,300,000
TOTAL.................................................. $129,125,000
NEW SECTION. Sec. 5045. FOR THE UNIVERSITY OF WASHINGTON
University of Washington Tacoma Urban/Science Education Facility (91000014)
Reappropriation:
State Building Construction Account—State....................... $500,000
Prior Biennia (Expenditures)............................................. $1,400,000
Future Biennia (Projected Costs)..................................................... $0
TOTAL...................................................... $1,900,000
NEW SECTION. Sec. 5046. FOR THE UNIVERSITY OF WASHINGTON
University of Washington Tacoma Campus Soil Remediation (92000002)
Appropriation:
State Building Construction Account—State.................... $1,000,000
Prior Biennia (Expenditures)........................................................... $0
Future Biennia (Projected Costs)....................................... $4,000,000
TOTAL...................................................... $5,000,000
NEW SECTION. Sec. 5047. FOR THE WASHINGTON STATE UNIVERSITY
Washington State University Pullman - Troy Hall Renovation (20061030)
Reappropriation:
State Building Construction Account—State....................... $850,000
Washington State University Building Account—State...... $400,000
Subtotal Reappropriation........................... $1,250,000
Appropriation:
State Building Construction Account—State.................. $30,282,000
Prior Biennia (Expenditures)................................................ $771,000
Future Biennia (Projected Costs)..................................................... $0
TOTAL.................................................... $32,303,000
NEW SECTION. Sec. 5048. FOR THE WASHINGTON STATE UNIVERSITY
Clean Technology Laboratory (30000069)
Reappropriation:
State Building Construction Account—State.................... $8,000,000
Prior Biennia (Expenditures)........................................... $24,835,000
Future Biennia (Projected Costs)..................................................... $0
TOTAL.................................................... $32,835,000
NEW SECTION. Sec. 5049. FOR THE WASHINGTON STATE UNIVERSITY
2013-15 Minor Works - Preservation, Safety, and Infrastructure (30000849)
Reappropriation:
State Building Construction Account—State....................... $650,000
Washington State University Building
Account—State.......................................................... $1,720,000
Subtotal Reappropriation........................................... $2,370,000
Prior Biennia (Expenditures)........................................... $26,194,000
Future Biennia (Projected Costs)..................................................... $0
TOTAL.................................................... $28,564,000
NEW SECTION. Sec. 5050. FOR THE WASHINGTON STATE UNIVERSITY
2015-17 Minor Works - Preservation (30001188)
Appropriation:
Washington State University Building Account—
State......................................................................... $41,885,000
Prior Biennia (Expenditures)........................................................... $0
Future Biennia (Projected Costs)................................... $134,340,000
TOTAL.................................................. $176,225,000
NEW SECTION. Sec. 5051. FOR THE WASHINGTON STATE UNIVERSITY
Washington State University Tri-Cities - Academic Building (30001190)
Appropriation:
State Building Construction Account—State....................... $400,000
Prior Biennia (Expenditures)........................................................... $0
Future Biennia (Projected Costs)..................................... $68,600,000
TOTAL.................................................... $69,000,000
NEW SECTION. Sec. 5052. FOR THE WASHINGTON STATE UNIVERSITY
Global Animal Health Building (30001322)
Appropriation:
State Building Construction Account—State.................... $1,900,000
Prior Biennia (Expenditures)........................................................... $0
Future Biennia (Projected Costs)..................................... $59,400,000
TOTAL.................................................... $61,300,000
NEW SECTION. Sec. 5053. FOR THE WASHINGTON STATE UNIVERSITY
Preventive Facility Maintenance and Building System Repairs (30001324)
Appropriation:
Washington State University Building Account—
State......................................................................... $10,115,000
Prior Biennia (Expenditures)........................................................... $0
Future Biennia (Projected Costs)..................................................... $0
TOTAL.................................................... $10,115,000
NEW SECTION. Sec. 5054. FOR THE WASHINGTON STATE UNIVERSITY
Everett University Center (91000026)
Reappropriation:
State Building Construction Account—State.................... $4,000,000
Appropriation:
State Building Construction Account—State.......................... $54,563,000
Prior Biennia (Expenditures)............................................. $6,000,000
Future Biennia (Projected Costs)..................................................... $0
TOTAL.................................................... $64,563,000
NEW SECTION. Sec. 5055. FOR THE WASHINGTON STATE UNIVERSITY
Joint Center for Deployment and Research in Earth Abundant Materials (91000029)
The appropriation in this section is subject to the following conditions and limitations:
(1) Funding is provided solely for capital improvements, infrastructure, and equipment, to support: (a) A transformative program in earth-abundant materials to accelerate the development of next generation clean energy and transportation technologies in Washington; (b) a coordinated framework and resources that can facilitate and promote multi-institution collaborations to drive research, development, and deployment efforts in the use of earth-abundant materials for manufactured clean technologies or recycling of advanced materials used in clean technologies; and (c) environmentally responsible processes in the areas of manufacturing and recycling of advanced materials used in clean technologies.
(2) Administration of the appropriation is under the joint authority of the Washington State University and the University of Washington. Washington State University and the University of Washington, in consultation with the regional universities, the Pacific Northwest national laboratory, and industry experts, shall develop criteria for providing funding for specific projects at public four-year institutions of higher education to stay within the appropriation level provided in this section. Funding for administrative offices may be provided for administrative offices west of the crest of the Cascade mountains only.
(3) The office of the state treasurer must manage the issuance of bonds associated with approved equipment funding so as to incur the lowest possible debt service costs by aligning their final maturities with the short useful life of the equipment being financed.
Appropriation:
State Building Construction Account—State.................... $2,000,000
Prior Biennia (Expenditures)........................................................... $0
Future Biennia (Projected Costs)..................................................... $0
TOTAL...................................................... $2,000,000
NEW SECTION. Sec. 5056. FOR THE WASHINGTON STATE UNIVERSITY
Inventory and Condition of Schools Data Collection (91000033)
The appropriation in this section is subject to the following conditions and limitations:
(1) The appropriation is provided solely for the Washington State University extension energy office to complete collection, input, and verification of data of public school facilities in the inventory and condition of schools system administered and maintained by the superintendent of public instruction.
(2) The legislature intends to complete the data collection, input, and verification of the inventory and condition of public school facilities in order to make informed decisions about K-12 school facility and capacity needs to fulfill current educational graduation requirements and class-size ratios. These decisions are best made when based on accurate data collected in a thorough and consistent manner by professionals experienced in making such inventory and condition assessments for public institutions.
(3) The Washington State University extension energy office shall conduct on-site visits to assess inventory and condition of all facilities for school districts that have no current study and survey as defined in RCW 28A.525.050 on file with the superintendent of public instruction as of July 1, 2015, or no pending study and survey to be filed with the superintendent through an outstanding study and survey grant award. The data collected through on-site visits must be input into the inventory and condition of schools system.
(4) The Washington State University extension energy office shall input into the inventory and condition of schools system applicable data of inventory and condition of school facilities from all current studies and surveys on file with the superintendent of public instruction as of July 1, 2015. The data must be input into the system in a manner that captures older information and data first. As studies and surveys from outstanding grant awards are filed with the superintendent, the Washington State University extension energy office shall input data into the system once current study and survey data has been input. Activities conducted pursuant to this subsection must occur concurrently with activities in subsection (3) of this section.
(5) The Washington State University extension energy office shall conduct on-site verification of data for school districts whose current studies and surveys on file with the superintendent will expire by June 30, 2017. Data verification must be conducted to evaluate the study and survey process as a tool to collect accurate inventory and condition of schools data upon which policymakers can make informed decisions regarding school facility and capacity needs. Activities conducted pursuant to this subsection must occur concurrently with activities in subsection (3) of this section and once sufficient data has been input into the system per subsection (4) of this section to conduct on-site visits to verification.
(6) As a general condition of appropriations provided to the superintendent of public instruction in this act, the superintendent of public instruction and each state school district shall provide requested facilities information and access to facilities in a timely manner to enable the Washington State University extension energy office to complete the tasks, oversight, and reporting requirements assigned in this section.
(7) The Washington State University extension energy office shall report progress of data collection, input, and verification to the appropriate committees of the legislature no later than December 1, 2015. The Washington State University extension energy office must complete all work in this section and make a final report to the appropriate committees of the legislature no later than December 1, 2016.
Appropriation:
Common School Construction Account—State................ $1,500,000
Prior Biennia (Expenditures)........................................................... $0
Future Biennia (Projected Costs)..................................................... $0
TOTAL...................................................... $1,500,000
NEW SECTION. Sec. 5057. FOR THE EASTERN WASHINGTON UNIVERSITY
University Science Center - Science I (30000001)
Appropriation:
State Building Construction Account—State.................... $4,791,000
Prior Biennia (Expenditures)................................................ $400,000
Future Biennia (Projected Costs)..................................... $55,444,000
TOTAL.................................................... $60,635,000
NEW SECTION. Sec. 5058. FOR THE EASTERN WASHINGTON UNIVERSITY
Upgrade/Repair Campus Water System (30000422)
Reappropriation:
State Building Construction Account—State.................... $3,533,000
Eastern Washington University Capital Projects Account—
State........................................................................... $1,770,000
Subtotal Reappropriation........................... $5,303,000
Prior Biennia (Expenditures)............................................. $1,975,000
Future Biennia (Projected Costs)..................................................... $0
TOTAL...................................................... $7,278,000
NEW SECTION. Sec. 5059. FOR THE EASTERN WASHINGTON UNIVERSITY
University Science Center - Science II (30000466)
Appropriation:
State Building Construction Account—State.................... $5,575,000
Prior Biennia (Expenditures)................................................ $350,000
Future Biennia (Projected Costs)..................................... $67,290,000
TOTAL.................................................... $73,215,000
NEW SECTION. Sec. 5060. FOR THE EASTERN WASHINGTON UNIVERSITY
Eastern Washington University Minor Works Preservation (30000468)
Reappropriation:
Eastern Washington University Capital Projects
Account—State.......................................................... $2,293,000
Prior Biennia (Expenditures)............................................. $6,207,000
Future Biennia (Projected Costs)..................................................... $0
TOTAL...................................................... $8,500,000
NEW SECTION. Sec. 5061. FOR THE EASTERN WASHINGTON UNIVERSITY
Infrastructure Renewal I (30000506)
Appropriation:
State Building Construction Account—State.................... $9,949,000
Prior Biennia (Expenditures)........................................................... $0
Future Biennia (Projected Costs)..................................................... $0
TOTAL...................................................... $9,949,000
NEW SECTION. Sec. 5062. FOR THE EASTERN WASHINGTON UNIVERSITY
Renovate Science (30000507)
Appropriation:
State Building Construction Account—State....................... $350,000
Prior Biennia (Expenditures)........................................................... $0
Future Biennia (Projected Costs)..................................... $52,000,000
TOTAL.................................................... $52,350,000
NEW SECTION. Sec. 5063. FOR THE EASTERN WASHINGTON UNIVERSITY
Minor Works - Facility Preservation (30000513)
Appropriation:
State Building Construction Account—State.................... $8,167,000
Eastern Washington University Capital Projects Account—
State........................................................................... $3,500,000
Subtotal Appropriation............................ $11,667,000
Prior Biennia (Expenditures)........................................................... $0
Future Biennia (Projected Costs)..................................... $56,000,000
TOTAL.................................................... $67,667,000
NEW SECTION. Sec. 5064. FOR THE EASTERN WASHINGTON UNIVERSITY
Minor Works - Program (30000516)
Appropriation:
Eastern Washington University Capital Projects Account—
State........................................................................... $3,500,000
Prior Biennia (Expenditures)........................................................... $0
Future Biennia (Projected Costs)..................................... $16,000,000
TOTAL.................................................... $19,500,000
NEW SECTION. Sec. 5065. FOR THE EASTERN WASHINGTON UNIVERSITY
Preventive Maintenance and Building System Repairs (30000547)
Appropriation:
Eastern Washington University Capital Projects Account—
State........................................................................... $2,217,000
Prior Biennia (Expenditures)........................................................... $0
Future Biennia (Projected Costs)....................................... $8,868,000
TOTAL.................................................... $11,085,000
NEW SECTION. Sec. 5066. FOR THE CENTRAL WASHINGTON UNIVERSITY
Science Building (30000045)
Reappropriation:
State Building Construction Account—State.................. $42,000,000
Prior Biennia (Expenditures)........................................... $21,771,000
Future Biennia (Projected Costs)..................................................... $0
TOTAL.................................................... $63,771,000
NEW SECTION. Sec. 5067. FOR THE CENTRAL WASHINGTON UNIVERSITY
Samuelson Communication and Technology Center (SCTC) (30000451)
Reappropriation:
State Building Construction Account—State.................... $1,600,000
Appropriation:
State Building Construction Account—State.......................... $58,677,000
Prior Biennia (Expenditures)............................................. $3,400,000
Future Biennia (Projected Costs)..................................................... $0
TOTAL.................................................... $63,677,000
NEW SECTION. Sec. 5068. FOR THE CENTRAL WASHINGTON UNIVERSITY
Combined Utilities (30000448)
Reappropriation:
State Building Construction Account—State....................... $430,000
Prior Biennia (Expenditures)............................................. $9,780,000
Future Biennia (Projected Costs)..................................................... $0
TOTAL.................................................... $10,210,000
NEW SECTION. Sec. 5069. FOR THE CENTRAL WASHINGTON UNIVERSITY
Nutrition Science (30000456)
Appropriation:
State Building Construction Account—State.................... $4,300,000
Prior Biennia (Expenditures)................................................ $281,000
Future Biennia (Projected Costs)..................................... $44,400,000
TOTAL.................................................... $48,981,000
NEW SECTION. Sec. 5070. FOR THE CENTRAL WASHINGTON UNIVERSITY
Brooks Library Learning Commons (30000530)
Appropriation:
State Building Construction Account—State.................... $4,900,000
Prior Biennia (Expenditures)........................................................... $0
Future Biennia (Projected Costs)..................................................... $0
TOTAL...................................................... $4,900,000
NEW SECTION. Sec. 5071. FOR THE CENTRAL WASHINGTON UNIVERSITY
Minor Works Preservation (30000615)
Reappropriation:
Central Washington University Capital Projects
Account—State.......................................................... $1,500,000
Prior Biennia (Expenditures)............................................. $5,500,000
Future Biennia (Projected Costs)..................................................... $0
TOTAL...................................................... $7,000,000
NEW SECTION. Sec. 5072. FOR THE CENTRAL WASHINGTON UNIVERSITY
Minor Works Preservation (30000684)
Appropriation:
State Building Construction Account—State.................... $6,659,000
Central Washington University Capital Projects Account—
State.............................................................................. $787,000
Subtotal Appropriation.............................. $7,446,000
Prior Biennia (Expenditures)........................................................... $0
Future Biennia (Projected Costs)..................................... $20,640,000
TOTAL.................................................... $28,086,000
NEW SECTION. Sec. 5073. FOR THE CENTRAL WASHINGTON UNIVERSITY
Bouillon Hall Renovation (30000711)
Appropriation:
State Building Construction Account—State.................... $4,977,000
Prior Biennia (Expenditures)........................................................... $0
Future Biennia (Projected Costs)..................................................... $0
TOTAL...................................................... $4,977,000
NEW SECTION. Sec. 5074. FOR THE CENTRAL WASHINGTON UNIVERSITY
Minor Works Program (30000723)
Appropriation:
Central Washington University Capital Projects Account—
State........................................................................... $3,777,000
Prior Biennia (Expenditures)........................................................... $0
Future Biennia (Projected Costs)....................................... $4,768,000
TOTAL...................................................... $8,545,000
NEW SECTION. Sec. 5075. FOR THE CENTRAL WASHINGTON UNIVERSITY
Lind Hall Renovation (30000738)
Appropriation:
State Building Construction Account—State.................... $4,900,000
Prior Biennia (Expenditures)........................................................... $0
Future Biennia (Projected Costs)..................................................... $0
TOTAL...................................................... $4,900,000
NEW SECTION. Sec. 5076. FOR THE CENTRAL WASHINGTON UNIVERSITY
Combined Utilities (30000740)
Appropriation:
State Building Construction Account—State.................... $8,000,000
Prior Biennia (Expenditures)........................................................... $0
Future Biennia (Projected Costs)..................................... $32,000,000
TOTAL.................................................... $40,000,000
NEW SECTION. Sec. 5077. FOR THE CENTRAL WASHINGTON UNIVERSITY
Old Heat - Plant Annex (30000767)
Appropriation:
State Building Construction Account—State.................... $4,900,000
Prior Biennia (Expenditures)........................................................... $0
Future Biennia (Projected Costs)..................................................... $0
TOTAL...................................................... $4,900,000
NEW SECTION. Sec. 5078. FOR THE CENTRAL WASHINGTON UNIVERSITY
Preventive Maintenance and Building System Repairs (30000770)
Appropriation:
Central Washington University Capital Projects Account—
State........................................................................... $2,422,000
Prior Biennia (Expenditures)........................................................... $0
Future Biennia (Projected Costs)..................................................... $0
TOTAL...................................................... $2,422,000
NEW SECTION. Sec. 5079. FOR THE EVERGREEN STATE COLLEGE
Facility Preservation (30000084)
Reappropriation:
The Evergreen State College Capital Projects
Account—State............................................................. $100,000
Prior Biennia (Expenditures)............................................. $6,600,000
Future Biennia (Projected Costs)..................................................... $0
TOTAL...................................................... $6,700,000
NEW SECTION. Sec. 5080. FOR THE EVERGREEN STATE COLLEGE
Science Center - Lab II, 2nd Floor Renovation (30000117)
Reappropriation:
State Building Construction Account—State....................... $575,000
Prior Biennia (Expenditures)............................................. $4,119,000
Future Biennia (Projected Costs)..................................................... $0
TOTAL...................................................... $4,694,000
NEW SECTION. Sec. 5081. FOR THE EVERGREEN STATE COLLEGE
Science Center - Lab I Basement Renovation (30000118)
Reappropriation:
State Building Construction Account—State.................... $1,525,000
Appropriation:
State Building Construction Account—State.................... $3,240,000
Prior Biennia (Expenditures)................................................ $280,000
Future Biennia (Projected Costs)..................................................... $0
TOTAL...................................................... $5,045,000
NEW SECTION. Sec. 5082. FOR THE EVERGREEN STATE COLLEGE
Seminar I Renovation (30000125)
Appropriation:
State Building Construction Account—State....................... $400,000
Prior Biennia (Expenditures)........................................................... $0
Future Biennia (Projected Costs)..................................... $23,318,000
TOTAL.................................................... $23,718,000
NEW SECTION. Sec. 5083. FOR THE EVERGREEN STATE COLLEGE
Facilities Preservation (30000457)
Appropriation:
State Building Construction Account—State.................... $4,720,000
The Evergreen State College Capital Projects Account—
State........................................................................... $5,628,000
Subtotal Appropriation............................ $10,348,000
Prior Biennia (Expenditures)........................................................... $0
Future Biennia (Projected Costs)..................................... $40,180,000
TOTAL.................................................... $50,528,000
NEW SECTION. Sec. 5084. FOR THE EVERGREEN STATE COLLEGE
Minor Works Program (30000487)
Appropriation:
The Evergreen State College Capital Projects
Account—State.......................................................... $1,164,000
Prior Biennia (Expenditures)........................................................... $0
Future Biennia (Projected Costs)....................................... $9,140,000
TOTAL.................................................... $10,304,000
NEW SECTION. Sec. 5085. FOR THE EVERGREEN STATE COLLEGE
Lecture Hall Remodel (30000493)
Reappropriation:
State Building Construction Account—State....................... $300,000
Appropriation:
State Building Construction Account—State.................. $16,310,000
Prior Biennia (Expenditures)............................................. $1,251,000
Future Biennia (Projected Costs)..................................................... $0
TOTAL.................................................... $17,861,000
NEW SECTION. Sec. 5086. FOR THE EVERGREEN STATE COLLEGE
Preventive Facility Maintenance and Building System Repairs (30000612)
Appropriation:
The Evergreen State College Capital Projects Account—
State.............................................................................. $783,000
Prior Biennia (Expenditures)........................................................... $0
Future Biennia (Projected Costs)....................................... $3,132,000
TOTAL...................................................... $3,915,000
NEW SECTION. Sec. 5087. FOR THE WESTERN WASHINGTON UNIVERSITY
Carver Academic Renovation (20081060)
Reappropriation:
State Building Construction Account—State....................... $323,000
Appropriation:
State Building Construction Account—State.................. $48,903,000
Prior Biennia (Expenditures)............................................. $7,051,000
Future Biennia (Projected Costs)..................................................... $0
TOTAL.................................................... $56,277,000
NEW SECTION. Sec. 5088. FOR THE WESTERN WASHINGTON UNIVERSITY
North Campus Utility Upgrade (30000426)
Reappropriation:
State Building Construction Account—State....................... $600,000
Prior Biennia (Expenditures)............................................. $2,982,000
Future Biennia (Projected Costs)..................................................... $0
TOTAL...................................................... $3,582,000
NEW SECTION. Sec. 5089. FOR THE WESTERN WASHINGTON UNIVERSITY
Performing Arts Exterior Renewal (30000428)
Reappropriation:
State Building Construction Account—State....................... $387,000
Prior Biennia (Expenditures)............................................. $2,560,000
Future Biennia (Projected Costs)..................................................... $0
TOTAL...................................................... $2,947,000
NEW SECTION. Sec. 5090. FOR THE WESTERN WASHINGTON UNIVERSITY
Classroom and Lab Upgrades Phase 2 (30000518)
Reappropriation:
State Building Construction Account—State.................... $1,800,000
Western Washington University Capital Projects Account—
State.............................................................................. $400,000
Subtotal Reappropriation........................... $2,200,000
Prior Biennia (Expenditures)............................................. $2,546,000
Future Biennia (Projected Costs)..................................................... $0
TOTAL...................................................... $4,746,000
NEW SECTION. Sec. 5091. FOR THE WESTERN WASHINGTON UNIVERSITY
Minor Works - Preservation (30000524)
Reappropriation:
Western Washington University Capital Projects
Account—State............................................................. $750,000
Prior Biennia (Expenditures)............................................. $6,750,000
Future Biennia (Projected Costs)..................................................... $0
TOTAL...................................................... $7,500,000
NEW SECTION. Sec. 5092. FOR THE WESTERN WASHINGTON UNIVERSITY
Science Building Renovation and Addition (30000598)
Appropriation:
State Building Construction Account—State....................... $500,000
Prior Biennia (Expenditures)........................................................... $0
Future Biennia (Projected Costs)..................................... $97,215,000
TOTAL.................................................... $97,715,000
NEW SECTION. Sec. 5093. FOR THE WESTERN WASHINGTON UNIVERSITY
2015-17 Classroom and Lab Upgrades (30000600)
Appropriation:
Western Washington University Capital Projects Account—
State........................................................................... $4,400,000
Prior Biennia (Expenditures)........................................................... $0
Future Biennia (Projected Costs)..................................................... $0
TOTAL...................................................... $4,400,000
NEW SECTION. Sec. 5094. FOR THE WESTERN WASHINGTON UNIVERSITY
Minor Works - Preservation (30000615)
Appropriation:
State Building Construction Account—State.................... $7,035,000
Western Washington University Capital Projects
Account—State.......................................................... $4,886,000
Subtotal Appropriation............................ $11,921,000
Prior Biennia (Expenditures)........................................................... $0
Future Biennia (Projected Costs)..................................... $64,422,000
TOTAL.................................................... $76,343,000
NEW SECTION. Sec. 5095. FOR THE WESTERN WASHINGTON UNIVERSITY
Preventive Facility Maintenance and Building System Repairs (30000757)
Appropriation:
Western Washington University Capital Projects Account—
State........................................................................... $3,614,000
Prior Biennia (Expenditures)........................................................... $0
Future Biennia (Projected Costs)..................................... $14,456,000
TOTAL.................................................... $18,070,000
NEW SECTION. Sec. 5096. FOR THE WASHINGTON STATE HISTORICAL SOCIETY
Washington Heritage Grants (20074004)
The reappropriation in this section is subject to the following conditions and limitations:
(1) The reappropriation in this section is subject to the provisions of RCW 27.34.330.
(2) The reappropriation in this section is subject to the project list in section 5137, chapter 520, Laws of 2007.
(3) The reappropriation in this section is subject to the provisions of section 5044, chapter 36, Laws of 2010 1st sp. sess.
Reappropriation:
State Building Construction Account—State....................... $340,000
Prior Biennia (Expenditures)............................................. $9,565,000
Future Biennia (Projected Costs)..................................................... $0
TOTAL...................................................... $9,905,000
NEW SECTION. Sec. 5097. FOR THE WASHINGTON STATE HISTORICAL SOCIETY
Washington Heritage Project Capital Grants (30000011)
The reappropriation in this section is subject to the following conditions and limitations:
(1) The reappropriation in this section is subject to the provisions of section 5120, chapter 497, Laws of 2009.
(2) The reappropriation in this section is subject to the provisions of section 5045, chapter 36, Laws of 2010 1st sp. sess.
Reappropriation:
State Building Construction Account—State....................... $200,000
Prior Biennia (Expenditures)............................................. $9,225,000
Future Biennia (Projected Costs)..................................................... $0
TOTAL...................................................... $9,425,000
NEW SECTION. Sec. 5098. FOR THE WASHINGTON STATE HISTORICAL SOCIETY
Washington Heritage Grants (30000117)
The reappropriation in this section is subject to the following conditions and limitations:
(1) The reappropriation in this section is subject to the provisions of RCW 27.34.330.
(2) The reappropriation in this section is subject to the provisions of section 622, chapter 1, Laws of 2012 2nd sp. sess.
Reappropriation:
State Building Construction Account—State....................... $300,000
Prior Biennia (Expenditures)............................................. $6,782,000
Future Biennia (Projected Costs)..................................................... $0
TOTAL...................................................... $7,082,000
NEW SECTION. Sec. 5099. FOR THE WASHINGTON STATE HISTORICAL SOCIETY
Facilities Preservation - Minor Works Projects (30000164)
Reappropriation:
State Building Construction Account—State....................... $830,000
Prior Biennia (Expenditures)............................................. $1,653,000
Future Biennia (Projected Costs)..................................................... $0
TOTAL...................................................... $2,483,000
NEW SECTION. Sec. 5100. FOR THE WASHINGTON STATE HISTORICAL SOCIETY
Heritage Capital Grants Projects (30000170)
The reappropriation in this section is subject to the following conditions and limitations:
(1) The reappropriation in this section is subject to the provisions of RCW 27.34.330.
(2) The reappropriation in this section is subject to the project list in section 5093, chapter 19, Laws of 2013 2nd sp. sess.
Reappropriation:
State Building Construction Account—State.................... $4,700,000
Prior Biennia (Expenditures)............................................. $5,131,000
Future Biennia (Projected Costs)..................................................... $0
TOTAL...................................................... $9,831,000
NEW SECTION. Sec. 5101. FOR THE WASHINGTON STATE HISTORICAL SOCIETY
History Museum Membrane System Replacement (30000220)
Appropriation:
State Building Construction Account—State.................... $1,805,000
Prior Biennia (Expenditures)........................................................... $0
Future Biennia (Projected Costs)..................................................... $0
TOTAL...................................................... $1,805,000
NEW SECTION. Sec. 5102. FOR THE WASHINGTON STATE HISTORICAL SOCIETY
Facilities Preservation – Minor Works Projects (30000222)
Appropriation:
State Building Construction Account—State.................... $2,515,000
Prior Biennia (Expenditures)........................................................... $0
Future Biennia (Projected Costs)..................................... $10,000,000
TOTAL.................................................... $12,515,000
NEW SECTION. Sec. 5103. FOR THE WASHINGTON STATE HISTORICAL SOCIETY
Washington Heritage Grants (30000237)
The appropriation in this section is subject to the following conditions and limitations:
(1) The appropriation is subject to the provisions of RCW 27.34.330.
(2) The appropriation is provided solely for the following list of projects:
Project Authorized Amount
Pantages centennial: Façade restoration....................................... $685,000
Chong Wa parapet preservation..................................................... $66,000
Rehabilitation of historic structures.............................................. $750,000
Renovation heating of interior space of Balfour dock............... $1,000,000
Town hall historic restoration: Phase one of construction........ $1,000,000
Washington hall restoration.......................................................... $452,000
Rehabilitation of Ritzville library for ADA compliance.............. $138,000
Quartermaster and dental surgery renovation project.................. $309,000
Skagit city school restoration......................................................... $91,000
Yamasaki courtyard restoration project........................................ $129,000
Prairie line trail historic interpretation project............................. $400,000
Ancich netshed restoration........................................................... $662,000
Chimney, gutter, and kitchen restoration....................................... $11,000
Federal building rehabilitation - phases II and III........................ $920,000
Preservation of the Colville Indian agency cabin in Chewelah...... $33,000
Arthur Foss preservation and restoration phase II........................ $166,000
Seaport landing development - renovation of building #8........ $1,000,000
Si view community center rehabilitation project phase II............ $130,000
Revitalization to historic wells house for community use.............. $26,000
Chiyo's garden phase II................................................................ $108,000
Historic community center, library, and city hall restoration....... $185,000
Sea mar latino history and cultural center.................................... $654,000
Olympia waldorf school - the next 100 years................................. $20,000
Chinook school restoration - final phase........................................ $79,000
Phase III of Worthington park - Quilcene.................................... $244,000
El centro de la raza community access and security project........ $100,000
Steam locomotives changed everything....................................... $199,000
The artifact/exhibit environmental conservation project.................. $8,000
F/V Shenandoah restoration project - phase three.......................... $41,000
Henderson house and Tumwater historic district interpretive........ $50,000
Carnegie library renovation phase II............................................ $344,000
Total........................................................................................ $10,000,000
Appropriation:
State Building Construction Account—State.................. $10,000,000
Prior Biennia (Expenditures)........................................................... $0
Future Biennia (Projected Costs)..................................................... $0
TOTAL.................................................... $10,000,000
NEW SECTION. Sec. 5104. FOR THE EASTERN WASHINGTON STATE HISTORICAL SOCIETY
Minor Works - Preservation (30000038)
Appropriation:
State Building Construction Account—State....................... $702,000
Prior Biennia (Expenditures)........................................................... $0
Future Biennia (Projected Costs)..................................................... $0
TOTAL......................................................... $702,000
NEW SECTION. Sec. 5105. FOR THE COMMUNITY AND TECHNICAL COLLEGE SYSTEM
Spokane Falls Community College: Campus Classrooms (20062696)
Reappropriation:
State Building Construction Account—State....................... $417,000
Prior Biennia (Expenditures)........................................... $19,199,000
Future Biennia (Projected Costs)..................................................... $0
TOTAL.................................................... $19,616,000
NEW SECTION. Sec. 5106. FOR THE COMMUNITY AND TECHNICAL COLLEGE SYSTEM
South Puget Sound Community College: Learning Resource Center (20062698)
Reappropriation:
State Building Construction Account—State....................... $953,000
Prior Biennia (Expenditures)........................................... $32,708,000
Future Biennia (Projected Costs)..................................................... $0
TOTAL.................................................... $33,661,000
NEW SECTION. Sec. 5107. FOR THE COMMUNITY AND TECHNICAL COLLEGE SYSTEM
Clover Park Technical College: Allied Health Care Facility (20062699)
Reappropriation:
State Building Construction Account—State....................... $944,000
Prior Biennia (Expenditures)........................................... $21,389,000
Future Biennia (Projected Costs)..................................................... $0
TOTAL.................................................... $22,333,000
NEW SECTION. Sec. 5108. FOR THE COMMUNITY AND TECHNICAL COLLEGE SYSTEM
Spokane Community College: Technical Education Building (20081220)
Reappropriation:
State Building Construction Account—State.................... $3,294,000
Prior Biennia (Expenditures)........................................... $23,136,000
Future Biennia (Projected Costs)..................................................... $0
TOTAL.................................................... $26,430,000
NEW SECTION. Sec. 5109. FOR THE COMMUNITY AND TECHNICAL COLLEGE SYSTEM
Everett Community College: Index Hall Replacement (20081221)
Reappropriation:
State Building Construction Account—State.................... $1,194,000
Prior Biennia (Expenditures)........................................... $35,120,000
Future Biennia (Projected Costs)..................................................... $0
TOTAL.................................................... $36,314,000
NEW SECTION. Sec. 5110. FOR THE COMMUNITY AND TECHNICAL COLLEGE SYSTEM
Green River Community College: Trades and Industry Building (20081222)
Reappropriation:
State Building Construction Account—State.................. $11,606,000
Prior Biennia (Expenditures)........................................... $17,013,000
Future Biennia (Projected Costs)..................................................... $0
TOTAL.................................................... $28,619,000
NEW SECTION. Sec. 5111. FOR THE COMMUNITY AND TECHNICAL COLLEGE SYSTEM
Grays Harbor College: Science and Math Building (20081226)
Reappropriation:
State Building Construction Account—State.................. $14,700,000
Prior Biennia (Expenditures)........................................... $29,444,000
Future Biennia (Projected Costs)..................................................... $0
TOTAL.................................................... $44,144,000
NEW SECTION. Sec. 5112. FOR THE COMMUNITY AND TECHNICAL COLLEGE SYSTEM
Tacoma Community College: Health Careers Center (20082701)
Reappropriation:
State Building Construction Account—State.................... $7,639,000
Prior Biennia (Expenditures)........................................... $33,534,000
Future Biennia (Projected Costs)..................................................... $0
TOTAL.................................................... $41,173,000
NEW SECTION. Sec. 5113. FOR THE COMMUNITY AND TECHNICAL COLLEGE SYSTEM
Bellevue Community College: Health Science Building (20082702)
Reappropriation:
State Building Construction Account—State.................... $9,636,000
Prior Biennia (Expenditures)........................................... $22,090,000
Future Biennia (Projected Costs)..................................................... $0
TOTAL.................................................... $31,726,000
NEW SECTION. Sec. 5114. FOR THE COMMUNITY AND TECHNICAL COLLEGE SYSTEM
Bates Technical College: Mohler Communications Technology Center (20082703)
Reappropriation:
State Building Construction Account—State.................. $15,428,000
Prior Biennia (Expenditures)........................................... $11,019,000
Future Biennia (Projected Costs)..................................................... $0
TOTAL.................................................... $26,447,000
NEW SECTION. Sec. 5115. FOR THE COMMUNITY AND TECHNICAL COLLEGE SYSTEM
Columbia Basin College: Social Science Center (20082704)
Reappropriation:
State Building Construction Account—State....................... $595,000
Appropriation:
State Building Construction Account—State.................. $14,505,000
Prior Biennia (Expenditures)................................................ $481,000
Future Biennia (Projected Costs)..................................................... $0
TOTAL.................................................... $15,581,000
NEW SECTION. Sec. 5116. FOR THE COMMUNITY AND TECHNICAL COLLEGE SYSTEM
Clark College: Health and Advanced Technologies Building (20082705)
Reappropriation:
State Building Construction Account—State.................. $29,979,000
Prior Biennia (Expenditures)............................................. $7,073,000
Future Biennia (Projected Costs)..................................................... $0
TOTAL.................................................... $37,052,000
NEW SECTION. Sec. 5117. FOR THE COMMUNITY AND TECHNICAL COLLEGE SYSTEM
Peninsula College: Fort Worden Building 202 (30000114)
Reappropriation:
State Building Construction Account—State.................... $3,876,000
Prior Biennia (Expenditures)................................................ $501,000
Future Biennia (Projected Costs)..................................................... $0
TOTAL...................................................... $4,377,000
NEW SECTION. Sec. 5118. FOR THE COMMUNITY AND TECHNICAL COLLEGE SYSTEM
Seattle Central Community College: Seattle Maritime Academy (30000120)
Reappropriation:
State Building Construction Account—State.................. $14,590,000
Prior Biennia (Expenditures)............................................. $2,238,000
Future Biennia (Projected Costs)..................................................... $0
TOTAL.................................................... $16,828,000
NEW SECTION. Sec. 5119. FOR THE COMMUNITY AND TECHNICAL COLLEGE SYSTEM
Yakima Valley Community College: Palmer Martin Building (30000121)
Reappropriation:
State Building Construction Account—State.................... $5,947,000
Prior Biennia (Expenditures)........................................... $14,293,000
Future Biennia (Projected Costs)..................................................... $0
TOTAL.................................................... $20,240,000
NEW SECTION. Sec. 5120. FOR THE COMMUNITY AND TECHNICAL COLLEGE SYSTEM
Olympic College: College Instruction Center (30000122)
Reappropriation:
State Building Construction Account—State.................... $1,152,000
Appropriation:
State Building Construction Account—State.................. $48,516,000
Prior Biennia (Expenditures)............................................. $2,472,000
Future Biennia (Projected Costs)..................................................... $0
TOTAL.................................................... $52,140,000
NEW SECTION. Sec. 5121. FOR THE COMMUNITY AND TECHNICAL COLLEGE SYSTEM
Centralia Community College: Student Services (30000123)
Reappropriation:
State Building Construction Account—State....................... $631,000
Appropriation:
State Building Construction Account—State.................. $31,385,000
Prior Biennia (Expenditures)............................................. $1,886,000
Future Biennia (Projected Costs)..................................................... $0
TOTAL.................................................... $33,902,000
NEW SECTION. Sec. 5122. FOR THE COMMUNITY AND TECHNICAL COLLEGE SYSTEM
Peninsula College: Allied Health and Early Childhood Development Center (30000126)
Reappropriation:
State Building Construction Account—State....................... $903,000
Appropriation:
State Building Construction Account—State.................. $23,790,000
Prior Biennia (Expenditures)................................................ $907,000
Future Biennia (Projected Costs)..................................................... $0
TOTAL.................................................... $25,600,000
NEW SECTION. Sec. 5123. FOR THE COMMUNITY AND TECHNICAL COLLEGE SYSTEM
South Seattle Community College: Cascade Court (30000128)
Reappropriation:
State Building Construction Account—State....................... $983,000
Appropriation:
State Building Construction Account—State.................. $28,231,000
Prior Biennia (Expenditures)............................................. $1,104,000
Future Biennia (Projected Costs)..................................................... $0
TOTAL.................................................... $30,318,000
NEW SECTION. Sec. 5124. FOR THE COMMUNITY AND TECHNICAL COLLEGE SYSTEM
North Seattle Community College: Technology Building Renewal (30000129)
Reappropriation:
State Building Construction Account—State.................... $1,922,000
Prior Biennia (Expenditures)........................................... $23,497,000
Future Biennia (Projected Costs)..................................................... $0
TOTAL.................................................... $25,419,000
NEW SECTION. Sec. 5125. FOR THE COMMUNITY AND TECHNICAL COLLEGE SYSTEM
Renton Technical College: Automotive Complex Renovation (30000134)
Reappropriation:
State Building Construction Account—State....................... $449,000
Appropriation:
State Building Construction Account—State.................. $15,250,000
Prior Biennia (Expenditures)............................................. $1,134,000
Future Biennia (Projected Costs)..................................................... $0
TOTAL.................................................... $16,833,000
NEW SECTION. Sec. 5126. FOR THE COMMUNITY AND TECHNICAL COLLEGE SYSTEM
Edmonds Community College: Science, Engineering, Technology Building (30000137)
Reappropriation:
State Building Construction Account—State.................... $6,581,000
Prior Biennia (Expenditures)............................................. $1,239,000
Future Biennia (Projected Costs)..................................................... $0
TOTAL...................................................... $7,820,000
NEW SECTION. Sec. 5127. FOR THE COMMUNITY AND TECHNICAL COLLEGE SYSTEM
Whatcom Community College: Learning Commons (30000138)
Reappropriation:
State Building Construction Account—State.................... $1,029,000
Prior Biennia (Expenditures)................................................ $793,000
Future Biennia (Projected Costs)..................................................... $0
TOTAL...................................................... $1,822,000
NEW SECTION. Sec. 5128. FOR THE COMMUNITY AND TECHNICAL COLLEGE SYSTEM
Minor Works - Program (30000723)
Reappropriation:
Community/Technical College Capital Projects
Account—State.......................................................... $1,765,000
Community and Technical College Forest Reserve
Account—State............................................................... $60,000
Gardner-Evans Higher Education Construction
Account—State............................................................. $115,000
Subtotal Reappropriation........................................... $1,940,000
Prior Biennia (Expenditures)........................................... $16,852,000
Future Biennia (Projected Costs)..................................................... $0
TOTAL.................................................... $18,792,000
NEW SECTION. Sec. 5129. FOR THE COMMUNITY AND TECHNICAL COLLEGE SYSTEM
Minor Works - Preservation (30000779)
Reappropriation:
Community/Technical College Capital Projects
Account—State............................................................. $965,000
Prior Biennia (Expenditures)........................................... $16,635,000
Future Biennia (Projected Costs)..................................................... $0
TOTAL.................................................... $17,600,000
NEW SECTION. Sec. 5130. FOR THE COMMUNITY AND TECHNICAL COLLEGE SYSTEM
Roof Repairs (30000844)
Reappropriation:
Community/Technical College Capital Projects
Account—State............................................................. $554,000
Prior Biennia (Expenditures)............................................. $7,231,000
Future Biennia (Projected Costs)..................................................... $0
TOTAL...................................................... $7,785,000
NEW SECTION. Sec. 5131. FOR THE COMMUNITY AND TECHNICAL COLLEGE SYSTEM
Facility Repairs (30000897)
Reappropriation:
State Building Construction Account—State.................... $2,905,000
Prior Biennia (Expenditures)........................................... $19,229,000
Future Biennia (Projected Costs)..................................................... $0
TOTAL.................................................... $22,134,000
NEW SECTION. Sec. 5132. FOR THE COMMUNITY AND TECHNICAL COLLEGE SYSTEM
Site Repairs (30000941)
Reappropriation:
Community/Technical College Capital Projects
Account—State............................................................... $71,000
Prior Biennia (Expenditures)............................................. $2,503,000
Future Biennia (Projected Costs)..................................................... $0
TOTAL...................................................... $2,574,000
NEW SECTION. Sec. 5133. FOR THE COMMUNITY AND TECHNICAL COLLEGE SYSTEM
Edmonds Community College: Washington Aerospace Training and Research Center (30000979)
The reappropriation in this section is subject to the following conditions and limitations: The reappropriation is subject to the provisions of section 4, chapter 1, Laws of 2013, 3rd sp. sess.
Reappropriation:
State Building Construction Account—State....................... $840,000
Prior Biennia (Expenditures)................................................ $660,000
Future Biennia (Projected Costs)..................................................... $0
TOTAL...................................................... $1,500,000
NEW SECTION. Sec. 5134. FOR THE COMMUNITY AND TECHNICAL COLLEGE SYSTEM
Big Bend: Professional-Technical Education Center (30000981)
Appropriation:
State Building Construction Account—State.................... $2,040,000
Prior Biennia (Expenditures)........................................................... $0
Future Biennia (Projected Costs)..................................... $34,490,000
TOTAL.................................................... $36,530,000
NEW SECTION. Sec. 5135. FOR THE COMMUNITY AND TECHNICAL COLLEGE SYSTEM
Spokane: Main Building South Wing Renovation (30000982)
The appropriation in this section is subject to the following conditions and limitations: The appropriation in this section is provided solely for predesign, which may also serve as bridging documents, design, competition honoraria, project management, and other planning activities including permits. The building must be delivered using design build, as defined by chapter 39.10 RCW with a guarantee for energy, operations, and maintenance performance. The term for performance guarantee must not be less than one year. The state may use state employees for services not related to building performance. Criteria for selecting the design build contractor must include life cycle costs, energy costs, or energy use index. Contractors, and architectural and engineering firms may be eligible for additional points during the scoring process if they have experience with the state agency, or if they are considered a small business. The building must be built using sustainable building standards as defined in section 7008 of this act.
Appropriation:
State Building Construction Account—State.................... $2,823,000
Prior Biennia (Expenditures)........................................................... $0
Future Biennia (Projected Costs)..................................... $24,742,000
TOTAL.................................................... $27,565,000
NEW SECTION. Sec. 5136. FOR THE COMMUNITY AND TECHNICAL COLLEGE SYSTEM
Highline: Health and Life Sciences (30000983)
Appropriation:
State Building Construction Account—State.................... $2,932,000
Prior Biennia (Expenditures)........................................................... $0
Future Biennia (Projected Costs)..................................... $23,850,000
TOTAL.................................................... $26,782,000
NEW SECTION. Sec. 5137. FOR THE COMMUNITY AND TECHNICAL COLLEGE SYSTEM
Minor Works - Program (30001038)
Appropriation:
State Building Construction Account—State.................. $22,456,000
Community/Technical College Capital Projects Account—
State........................................................................... $1,744,000
Subtotal Appropriation............................ $24,200,000
Prior Biennia (Expenditures)........................................................... $0
Future Biennia (Projected Costs)..................................................... $0
TOTAL.................................................... $24,200,000
NEW SECTION. Sec. 5138. FOR THE COMMUNITY AND TECHNICAL COLLEGE SYSTEM
Minor Works - Preservation (30001106)
Appropriation:
Community/Technical College Capital Projects Account—
State......................................................................... $19,360,000
Prior Biennia (Expenditures)........................................................... $0
Future Biennia (Projected Costs)..................................................... $0
TOTAL.................................................... $19,360,000
NEW SECTION. Sec. 5139. FOR THE COMMUNITY AND TECHNICAL COLLEGE SYSTEM
Roof Repairs (30001155)
Appropriation:
Community/Technical College Capital Projects Account—
State......................................................................... $12,534,000
Prior Biennia (Expenditures)........................................................... $0
Future Biennia (Projected Costs)..................................................... $0
TOTAL.................................................... $12,534,000
NEW SECTION. Sec. 5140. FOR THE COMMUNITY AND TECHNICAL COLLEGE SYSTEM
Facility Repairs (30001182)
Appropriation:
Community/Technical College Capital Projects Account—
State......................................................................... $20,733,000
Prior Biennia (Expenditures)........................................................... $0
Future Biennia (Projected Costs)..................................................... $0
TOTAL.................................................... $20,733,000
NEW SECTION. Sec. 5141. FOR THE COMMUNITY AND TECHNICAL COLLEGE SYSTEM
Site Repairs (30001216)
Appropriation:
Community/Technical College Capital Projects Account—
State........................................................................... $2,829,000
Prior Biennia (Expenditures)........................................................... $0
Future Biennia (Projected Costs)..................................................... $0
TOTAL...................................................... $2,829,000
NEW SECTION. Sec. 5142. FOR THE COMMUNITY AND TECHNICAL COLLEGE SYSTEM
Preventive Maintenance and Building System Repairs (30001286)
Appropriation:
Community/Technical College Capital Projects Account—
State......................................................................... $22,800,000
Prior Biennia (Expenditures)........................................................... $0
Future Biennia (Projected Costs)..................................... $91,200,000
TOTAL.................................................. $114,000,000
PART 6
2015 SUPPLEMENTAL CAPITAL BUDGET
NEW SECTION. Sec. 6001. A new section is added to 2013 2nd sp.s. c 19 (uncodified) to read as follows:FOR THE DEPARTMENT OF COMMERCE
Building for the Arts Grants (30000006)
The reappropriation in this section is subject to the following conditions and limitations:
(1) The reappropriation in this section is subject to the provisions of section 1011, chapter 36, Laws of 2010 1st sp. sess.
(2) The reappropriation in this section is provided solely for the Federal Way performing arts center.
Reappropriation:
State Building Construction Account—State....................... $218,000
Prior Biennia (Expenditures)............................................. $8,481,000
Future Biennia (Projected Costs)..................................................... $0
TOTAL...................................................... $8,699,000
Sec. 6002. 2013 2nd sp.s. c 19 s 1073 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF COMMERCE
Drinking Water State Revolving Fund Loan Program (30000189)
The appropriations in this section are subject to the following conditions and limitations:
(1) (($4,400,000
for fiscal year 2014 and)) $4,400,000 from the drinking water assistance
account—state for fiscal year 2015 is provided solely as state match for
federal safe drinking water funds.
(2) For projects involving repair, replacement, or improvement of a clean water infrastructure facility or other public works facility for which an investment grade efficiency audit is obtainable, the public works board must require as a contract condition that the project sponsor undertake an investment grade efficiency audit. The project sponsor may finance the costs of the audit as part of its drinking water state revolving fund program loan.
Appropriation:
((State Building
Construction Account—State............... $8,800,000))
Drinking Water Assistance Account—State..................... $4,400,000
Drinking Water Assistance Repayment Account—
State....................................................................... $200,000,000
Subtotal Appropriation..................... (($208,800,000))
$204,400,000
Prior Biennia (Expenditures)........................................................... $0
Future Biennia (Projected Costs)................................... $680,000,000
TOTAL............................................. (($888,800,000))
$884,400,000
Sec. 6003. 2013 3rd sp.s. c 1 s 3 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF COMMERCE
Renton Aerospace
Training Center Construction (((92000151))) (30000724)
The appropriation in this section is subject to the following conditions and limitations: The appropriation in this section is provided solely for construction of the Renton aerospace training center.
Appropriation:
State Building
Construction Account—State............... (($5,000,000))
$10,000,000
Prior Biennia (Expenditures)........................................................... $0
Future Biennia (Projected Costs)..................................................... $0
TOTAL................................................. (($5,000,000))
$10,000,000
Sec. 6004. 2013 2nd sp.s. c 19 s 1074 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF COMMERCE
Clean Energy and Energy Freedom Program (91000582)
The appropriations in this section are subject to the following conditions and limitations:
(1) All expenditures from the state taxable building construction account—state appropriation in this section must be used for projects that provide a benefit to the public through development, demonstration, and deployment of clean energy technologies that save energy and reduce energy costs, reduce harmful air emissions or otherwise increase energy independence for the state. All expenditures must be used for projects that develop and acquire assets that have a useful life of at least thirteen years. These requirements must be specified in funding agreements issued by the department.
(2) For any project funded from the state taxable building construction account—state appropriation in this section, state funds must not exceed fifty percent of the estimated cost of a project, and funding preference must be provided to projects that offer a higher percentage of nonstate match funds.
(3)(a) $15,000,000 of the state taxable building construction account—state appropriation in this section is provided solely to create a revolving loan fund to support the widespread use of proven building energy efficiency and renewable energy technologies now inhibited by lack of access to capital.
(b) To create the loan fund, the department shall provide grant funds to a competitively selected nonprofit lender that will provide matching private capital and will administer the loan fund. The department must select the loan fund administrator through a competitive process, with scoring conducted by a group of qualified experts, applying criteria specified by the department.
(c) The department must establish guidelines for the lender related to applicant eligibility, the screening process, and evaluation and selection criteria. The criteria must include requiring evidence of support for the proposed project from the impacted community and consistency with economic growth strategies and plans of the affected local governments. Applications for loans from the revolving fund must disclose all sources of public funding to be provided for a project. The nonprofit lender must use the revolving loan fund to make affordable loans for projects including, but not limited to: Residential and commercial energy retrofits, residential and community-scale solar installations, anaerobic digesters to treat dairy and organic waste, and combined heat and power projects using woody biomass as a fuel source.
(d) The department must conduct due diligence activities associated with the use of public funds, including oversight of the project selection process and project monitoring.
(e) Projects seeking financing of solar installations under this section must agree in contract to not participate in the cost-recovery program under RCW 82.16.120.
(4) $15,000,000 of the state taxable building construction account—state appropriation in this section is provided solely for grants to advance renewable energy technologies by public and private electrical utilities that serve retail customers in the state. The department shall work with utilities to offer matching grants for projects that demonstrate new smart grid technologies. The department shall develop a grant application process to competitively select projects for grant awards, to include scoring conducted by a group of qualified experts with application of criteria specified by the department. Applications for grants must disclose all sources of public funding to be provided for a project. The grant funds must be used to fund projects that demonstrate how to: Integrate intermittent renewables through energy storage and information technology, dispatch energy storage resources from utility control rooms, use the thermal properties and electric load of commercial buildings and district energy systems to store energy, or otherwise improve the reliability and reduce the costs of intermittent or distributed renewable energy.
(5) $6,000,000 of the state taxable building construction account—state appropriation in this section is provided solely for grants to match federal funds used to develop and demonstrate clean energy technologies. The department shall work with the University of Washington, Washington State University, and the Pacific Northwest National Laboratory to offer matching funds for projects including, but not limited to: Advancing energy storage and solar technologies, and federal manufacturing innovation centers related to use of light-weight carbon fiber components to advance energy efficiency in the aeronautical, automotive, and marine sectors.
(6) The department must report on number and results of projects funded through the clean energy fund, including the number of job hours created and the number of jobs maintained and created, to the governor and the legislature, by November 1, 2014.
(7) The energy recovery act account—federal appropriation in this section is provided solely for loans, loan guarantees, and grants that encourage the establishment of innovative and sustainable industries for renewable energy and energy efficiency technology, consistent with provisions of RCW 43.325.040 (energy freedom account).
Appropriation:
State Taxable Building Construction Account—
State......................................................................... $36,000,000
Energy Recovery Act
Account—((Federal)) State............ $4,000,000
Subtotal Appropriation............................ $40,000,000
Prior Biennia (Expenditures)........................................................... $0
Future Biennia (Projected Costs)..................................................... $0
TOTAL.................................................... $40,000,000
Sec. 6005. 2013 2nd sp.s. c 19 s 1077 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF COMMERCE
Projects for Jobs and Economic Development (92000151)
The appropriations in this section are subject to the following conditions and limitations:
(1) Except as directed otherwise prior to the effective date of this section, the department shall not expend the appropriations in this section unless and until the nonstate share of project costs have been either expended, or firmly committed, or both, in an amount sufficient to complete the project or a distinct phase of the project that is useable to the public for the purpose intended by the legislature. This requirement does not apply to projects where a share of the appropriations are released for design costs only.
(2) Prior to receiving funds, project recipients must demonstrate that the project site is under control for a minimum of ten years, either through ownership or a long-term lease. This requirement does not apply to appropriations for preconstruction activities or appropriations whose sole purpose is to purchase real property that does not include a construction or renovation component.
(3) Projects funded in this section may be required to comply with Washington's high performance building standards as required by chapter 39.35D RCW.
(4) Project funds are available on a reimbursement basis only, and shall not be advanced under any circumstances.
(5) Projects funded in this section must be held by the recipient for a minimum of ten years and used for the same purpose or purposes intended by the legislature as required in RCW 43.63A.125(6).
(6) Projects funded in this section, including those that are owned and operated by nonprofit organizations, are generally required to pay state prevailing wages.
(7) The appropriations are provided solely for the following list of projects:
Projects for Jobs & Economic Development |
Authorized Amount |
City of Bremerton Puget Sound Naval Safety Project |
$1,300,000 |
Fairchild Airforce Base |
$2,700,000 |
City of Lynnwood Main Street Improvements |
$250,000 |
Port of Everett: Roll-On/Roll-Off Cargo Berth |
$1,500,000 |
Kittitas County Infrastructure and Facilities |
$5,000,000 |
City of Kennewick Industrial Land |
$1,000,000 |
Perry Tech Institute Building |
$1,000,000 |
City of Buckley Drinking Water Improvements |
$350,000 |
(( |
$525,000 |
Hopelink Cleveland Street Project |
$1,000,000 |
Redmond Connector |
$1,300,000 |
Washougal (( |
$1,000,000 |
Roslyn Renaissance Northwest Improvement Company Building |
$500,000 |
Everett/Tulalip Water Pipeline Construction |
$1,000,000 |
(( |
|
Renton Riverview Bridge Replacement |
$1,100,000 |
Omak City Sewer, Collection System, and Treatment Plant |
$2,000,000 |
Harper Pier Replacement |
$800,000 |
University Place Main Street Redevelopment |
$975,000 |
Sultan Alder Avenue Water/Sewer Line Replacement |
$185,000 |
Quincy Industrial Water Reclamation & Reuse |
$700,000 |
NW Medical School |
$136,000 |
Ione - 8th St Lift Station Replacement |
$165,000 |
Stevens PUD Projects |
$532,000 |
Port Orchard Bay St. Pedestrian Path - Phase 2 |
$336,000 |
Dekalb Pier - Phase 2 |
$255,000 |
Kenmore Village |
$300,000 |
South Kirkland TOD/Cross Kirkland Corridor |
$1,300,000 |
Washington Agriculture Discovery Center |
$100,000 |
Mountlake Terrace Mainstreet Grant |
$2,000,000 |
Issaquah - North Roadway Network Improvement |
$5,000,000 |
TRIDEC Development of Small Modular Reactor Proposal |
$500,000 |
City of Shelton Wastewater |
$1,500,000 |
Port of Moses Lake Firefighting System |
$300,000 |
Seattle Chinatown/ID Development |
$500,000 |
|
|
TOTAL |
(( |
Appropriation:
State Building
Construction Account—State............. (($35,009,000))
$30,009,000
Public Facility Construction Loan Revolving
Account—State.......................................................... $7,100,000
Subtotal Appropriation....................... (($42,109,000))
$37,109,000
Prior Biennia (Expenditures)........................................................... $0
Future Biennia (Projected Costs)..................................................... $0
TOTAL............................................... (($42,109,000))
$37,109,000
Sec. 6006. 2013 2nd sp.s. c 19 s 1078 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF COMMERCE
Projects That Strengthen Communities and Quality of Life (92000230)
The appropriations in this section are subject to the following conditions and limitations:
(1) Except as directed otherwise prior to the effective date of this section, the department shall not expend the appropriation in this section unless and until the nonstate share of project costs have been either expended, or firmly committed, or both, in an amount sufficient to complete the project or a distinct phase of the project that is useable to the public for the purpose intended by the legislature. This requirement does not apply to projects where a share of the appropriation is released for design costs only.
(2) Prior to receiving funds, project recipients must demonstrate that the project site is under control for a minimum of ten years, either through ownership or a long-term lease. This requirement does not apply to appropriations for preconstruction activities or appropriations whose sole purpose is to purchase real property that does not include a construction or renovation component.
(3) Projects funded in this section may be required to comply with Washington's high performance building standards as required by chapter 39.35D RCW.
(4) Project funds are available on a reimbursement basis only, and shall not be advanced under any circumstances.
(5) Projects funded in this section must be held by the recipient for a minimum of ten years and used for the same purpose or purposes intended by the legislature as required in RCW 43.63A.125(6).
(6) Projects funded in this section, including those that are owned and operated by nonprofit organizations, are generally required to pay state prevailing wages.
(7) $1,500,000 of the appropriation in this section from the state building construction account—state is provided solely for design development to align ongoing planning for the replacement of the Seattle multimodal terminal at Colman dock with the creation of a public park. The scope of work must provide a design plan that includes an elevated park and corresponding amenities above the terminal. Design development shall be delivered through the city of Seattle. The scope of this project does not preclude any current plans for Colman dock to replace or seismically upgrade the facility, nor does it reduce the amount of general and commercial traffic, high occupancy vehicles, transit, bicyclist and pedestrian movement.
(8) $500,000 of the appropriation from the environmental legacy stewardship account—state is provided solely for an investigation of possible contaminated soils around the Colman dock.
(9) The appropriation is provided solely for the following list of projects:
Projects that Strengthen Communities & Quality of Life |
Authorized Amount |
Ft. Vancouver - Mother Joseph Academy & Infantry Barracks |
$1,000,000 |
LaConner Boardwalk |
$1,600,000 |
Kent Interurban Trail Connector |
$750,000 |
Town of Concrete Public Safety Building |
$785,000 |
Complete Development of Ashford Park Facilities |
$1,000,000 |
Jackson Park Renovation |
$1,000,000 |
South Whatcom Library Construction |
$90,000 |
Guemes Channel Trail Project |
$700,000 |
Seabrook Trail |
$437,000 |
Vashon Island Allied Arts |
$2,000,000 |
Federal Way Performing Arts |
$2,000,000 |
Japanese Gulch Land Acquisition |
$1,000,000 |
Milton - Triangle Park ADA Upgrades |
$225,000 |
Langston Hughes Performing Arts Center - Storage |
$150,000 |
Wood Pellet Heat in Schools Pilot |
$500,000 |
(( |
$1,000,000 |
Ravensdale Park |
$650,000 |
Worthington Park |
$210,000 |
Eastside Tacoma Community Center |
$400,000 |
(( |
|
Institute for Community Leadership |
$275,000 |
FISH of Vancouver/Nonprofit Community Service Center |
$1,000,000 |
Yelm Community Center |
$1,000,000 |
Ellensburg Depot |
$500,000 |
Roslyn City Hall |
$400,000 |
Northwest Carriage Museum |
$375,000 |
People's Community Center and Pool |
$500,000 |
(( |
|
Chehalis Pool |
$250,000 |
Mount Rainier Park Ranger Memorial |
$60,000 |
McAllister Air Museum |
$500,000 |
Repairs to Stevenson Grange |
$50,000 |
Meydenbauer Park Improvements |
$3,000,000 |
Sixty Acres Park Enhancements |
$750,000 |
Covington Community Park Phase 2 |
$2,100,000 |
Johnson Farm Museum - Anderson Island |
$250,000 |
Nikolai Project |
$40,000 |
Ft. Steilacoom Building Preservation |
$250,000 |
Plaza Roberto Maestas - Building the Beloved Community |
$1,000,000 |
Seattle Multimodal Terminal at Colman Dock/Public Park |
$2,000,000 |
Confluence Project |
$747,000 |
Castle Rock Citywide Residential Street Project |
$504,000 |
UWAVE |
$30,000 |
Transit-Community Center |
$800,000 |
Mt. Spokane Lodge |
$250,000 |
|
|
TOTAL |
(( |
Appropriation:
State Building
Construction Account—State............. (($32,628,000))
$31,628,000
Environmental Legacy Stewardship Account—
State.............................................................................. $500,000
Subtotal Appropriation....................... (($33,128,000))
$32,128,000
Prior Biennia (Expenditures)........................................................... $0
Future Biennia (Projected Costs)..................................................... $0
TOTAL............................................... (($33,128,000))
$32,128,000
Sec. 6007. 2013 2nd sp.s. c 19 s 1090 (uncodified) is amended to read as follows:
FOR THE OFFICE OF FINANCIAL MANAGEMENT
Higher Education Preservation Information (91000427)
((The
appropriations in this section are subject to the following conditions and limitations:
The appropriations are provided solely to refresh preservation information that
resides in the state's comparable framework for higher education buildings
including any necessary revisions or adjustments that will enable more direct
translation of information, updates for last renewal or replacement of major
systems, and quality assurance field sampling. In executing this continued
capital study, the office of financial management shall consult the legislative
fiscal committees about its workplan to ensure field sampling of facilities
prioritized for renovation or replacement, and timely delivery of assembled
facilities information and related capital models in an easy to understand
format.)) The appropriations in this section are subject to the following
conditions and limitations: Funding is provided solely to further develop a
comparable framework methodology to equalize the facility condition assessments
by higher education institutions. The methodology will improve upon the
existing state facility inventory and condition assessment systems to collect
and convey the information. The inventory system may include facility system
replacement or renewals including costs, quality assurance field sampling data,
and tracking of condition rating adjustments. As a general condition, upon
appropriations provided to higher education agencies in this act, the state
board for community and technical colleges and each state baccalaureate
institution shall provide requested facilities information in a timely manner
to enable the office of financial management to complete the tasks and
oversight assigned in this section.
Appropriation:
University of
Washington Building Account—State...... (($130,000))
$116,000
Washington State University Building
Account—State......................................................... (($94,000))
$85,000
Eastern Washington University Capital Projects
Account—State......................................................... (($23,000))
$21,000
Central Washington University Capital Projects
Account—State......................................................... (($19,000))
$17,000
The Evergreen State College Capital Projects
Account—State......................................................... (($13,000))
$12,000
Western Washington University Capital Projects
Account—State......................................................... (($21,000))
$19,000
Subtotal Appropriation............................ (($300,000))
$270,000
Prior Biennia (Expenditures)........................................................... $0
Future Biennia (Projected Costs)..................................................... $0
TOTAL......................................................... $300,000
$270,000
Sec. 6008. 2013 2nd sp.s. c 19 s 1091 (uncodified) is amended to read as follows:
FOR THE OFFICE OF FINANCIAL MANAGEMENT
Construction Contingency Pool (91000428)
The appropriation in this section is subject to the following conditions and limitations: The appropriation in this section is provided solely for construction projects that confront emergent and unavoidable costs in excess of the construction contingency and management reserves included in the project appropriation. For requests occurring during a legislative session, an agency must notify the legislative fiscal committees before requesting contingency funds from the office of financial management. Eligible agencies that may apply to the pool include higher education institutions, the state parks and recreation commission, the department of corrections, the department of enterprise services, and the department of health. Eligible construction projects are only projects that had project cost reductions. The office of financial management must notify the legislative evaluation and accountability program committee, the house capital budget committee, and senate ways and means committee as projects are approved for funding.
Appropriation:
State Building
Construction Account—State............... (($4,000,000))
$1,875,000
Prior Biennia (Expenditures)........................................................... $0
Future Biennia (Projected Costs)..................................................... $0
TOTAL...................................................... $4,000,000
$1,875,000
Sec. 6009. 2013 2nd sp. s. c 19 s 1093 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF ENTERPRISE SERVICES
Natural Resource Building Roof Replacement/Exterior Foam Insulation Repairs (30000546)
Reappropriation:
State Building
Construction Account—State.................. (($510,000))
$33,000
Prior Biennia
(Expenditures)........................................ (($3,972,000))
$4,409,000
Future Biennia (Projected Costs)..................................................... $0
TOTAL...................................................... $4,482,000
$4,442,000
Sec. 6010. 2013 2nd sp.s. c 19 s 1099 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF ENTERPRISE SERVICES
Legislative Building Critical Hydronic Loop Repairs (30000584)
Reappropriation:
State Building
Construction Account—State............... (($1,075,000))
$1,013,000
Appropriation:
State Building
Construction Account—State.................. (($851,000))
$410,000
Prior Biennia
(Expenditures)........................................... (($104,000))
$166,000
Future Biennia (Projected Costs)..................................................... $0
TOTAL...................................................... $2,030,000
$1,589,000
Sec. 6011. 2013 2nd sp.s. c 19 s 1108 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF ENTERPRISE SERVICES
Legislative Building Exterior Repairs (30000604)
Appropriation:
State Building
Construction Account—State............... (($1,000,000))
$1,075,000
Prior Biennia (Expenditures)........................................................... $0
Future Biennia (Projected Costs)..................................................... $0
TOTAL...................................................... $1,000,000
$1,075,000
Sec. 6012. 2013 2nd sp.s. c 19 s 1104 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF ENTERPRISE SERVICES
Capitol Campus Underground Utility Repairs (30000687)
Appropriation:
State Building
Construction Account—State............... (($1,983,000))
$2,613,000
Prior Biennia (Expenditures)........................................................... $0
Future Biennia (Projected Costs)....................................... $8,827,000
TOTAL.................................................... $10,810,000
$11,440,000
Sec. 6013. 2013 2nd sp.s. c 19 s 1105 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF ENTERPRISE SERVICES
Natural Resource Building Repairs Phase 1 (91000009)
The appropriations in this section are subject to the following conditions and limitations: The natural resource building repairs phase 1 project must include at a minimum the multipurpose room water infiltration project and the roof project. After this work is completed, the department may include work that was in the department's 2013-2015 capital budget request for other repairs to the building.
Appropriation:
State Building
Construction Account—State............... (($4,161,000))
$4,041,000
Thurston County Capital Facilities Construction
Account—State............................................................. $940,000
Subtotal Appropriation......................... (($5,101,000))
$4,981,000
Prior Biennia (Expenditures)........................................................... $0
Future Biennia (Projected Costs)..................................................... $0
TOTAL...................................................... $5,101,000
$4,981,000
Sec. 6014. 2013 2nd sp.s. c 19 s 2024 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF CORRECTIONS
Monroe Corrections Center: WSR Living Units Roofs (30000542)
Appropriation:
State Building
Construction Account—State............... (($1,785,000))
$1,868,000
Prior Biennia (Expenditures)........................................................... $0
Future Biennia (Projected Costs)..................................................... $0
TOTAL...................................................... $1,785,000
$1,868,000
Sec. 6015. 2013 2nd sp.s. c 19 s 2028 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF CORRECTIONS
Washington Corrections Center for Women: Replace Fire Alarm System (30000727)
Appropriation:
State Building
Construction Account—State............... (($2,569,000))
$2,649,000
Prior Biennia (Expenditures)........................................................... $0
Future Biennia (Projected Costs)..................................................... $0
TOTAL...................................................... $2,569,000
$2,649,000
Sec. 6016. 2013 2nd sp.s. c 19 s 3067 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF ECOLOGY
Water Pollution Control Revolving Program (30000327)
The appropriations in this section are subject to the following conditions and limitations:
(1) (($7,750,000
for fiscal year 2014 and $7,750,000)) $15,500,000 for fiscal year
2015 of the ((state building construction)) water pollution control
revolving account—state is provided solely as state match for federal clean
water funds.
(2) For projects
involving repair, replacement, or improvement of a wastewater treatment plant
or other public works facility for which an investment grade efficiency audit
is obtainable, the department of ecology must require as a contract condition
that the project sponsor undertake an investment grade efficiency audit. The
project sponsor may finance the costs of the audit as part of its water
pollution control loan program ((loan)).
Appropriation:
((State Building
Construction Account—State............. $15,500,000))
Water Pollution Control Revolving Account—
State.................................................................. (($184,500,000))
$200,000,000
Water Pollution Control Revolving
Account—Federal.................................................... $50,000,000
Subtotal Appropriation.......................... $250,000,000
Prior Biennia (Expenditures)........................................................... $0
Future Biennia (Projected Costs)................................... $510,000,000
TOTAL.................................................. $760,000,000
Sec. 6017. 2013 2nd sp.s. c 19 s 3058 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF ECOLOGY
Skagit Mitigation (91000181)
The reappropriation
in this section is subject to the following conditions and limitations: The
reappropriation in this section is provided solely for the department to
develop mitigation options and alternative water sources or tools to make water
available for stream flows and for rural domestic permit-exempt uses within the
((Carpenter/Fisher, East Nookachamps, and Upper Nookachamps subbasins)) Skagit
River watershed. Up to $500,000 of the amount specified shall be used to
develop a rural domestic demonstration project to determine if surface or
groundwater infiltration can mitigate for ground water use during low flow
periods to meet the mitigation requirements of chapter 173-503 WAC.
Reappropriation:
State Building Construction Account—State.................... $2,156,000
Prior Biennia (Expenditures).................................................. $69,000
Future Biennia (Projected Costs)..................................................... $0
TOTAL...................................................... $2,225,000
Sec. 6018. 2013 2nd sp.s. c 19 s 3101 (uncodified) is amended to read as follows:
FOR THE STATE PARKS AND RECREATION COMMISSION
Dosewallips: Wastewater Treatment System (30000523)
Appropriation:
State Building
Construction Account—State............... (($4,079,000))
$4,532,000
Prior Biennia (Expenditures)........................................................... $0
Future Biennia (Projected Costs)..................................................... $0
TOTAL...................................................... $4,079,000
$4,532,000
Sec. 6019. 2013 2nd sp.s. c 19 s 3190 (uncodified) is amended to read as follows:
FOR THE DEPARTMENT OF FISH AND WILDLIFE
Mitchell Act Federal Grant (91000021)
Reappropriation:
General Fund—Federal..................................................... $2,328,000
Appropriation:
General Fund—Federal..................................................... $4,000,000
Prior Biennia (Expenditures)................................................ $672,000
Future Biennia (Projected Costs)..................................................... $0
TOTAL...................................................... $3,000,000
$7,000,000
Sec. 6020. 2013 2nd sp.s. c 19 s 3212 (uncodified) is amended to read as follows:
FOR THE PUGET SOUND PARTNERSHIP
Community Partnership Restoration Grants (30000007)
Reappropriation:
General
Fund—Federal................................................ (($1,155,000))
$1,575,000
Prior Biennia
(Expenditures)........................................... (($445,000))
$50,000
Future Biennia (Projected Costs)..................................................... $0
TOTAL...................................................... $1,600,000
$1,625,000
Sec. 6021. 2013 2nd sp.s. c 19 s 5007 (uncodified) is amended to read as follows:
FOR THE SUPERINTENDENT OF PUBLIC INSTRUCTION
Yakima Valley Technical Skills Center (30000076)
Reappropriation:
State Building
Construction Account—State............. (($12,962,000))
$11,082,000
Prior Biennia (Expenditures)........................................... $12,481,000
Future Biennia (Projected Costs)..................................................... $0
TOTAL.................................................... $25,443,000
$23,563,000
Sec. 6022. 2013 2nd sp.s. c 19 s 5020 (uncodified) is amended to read as follows:
FOR THE SUPERINTENDENT OF PUBLIC INSTRUCTION
2013-2015 School Construction Assistance Program - Maintenance (30000145)
The appropriations in this section are subject to the following conditions and limitations:
(1) $1,340,000 of the common school construction account—state appropriation is provided solely for study and survey grants and for completing inventory and building condition assessments for all public school districts once every six years.
(2) $933,000 of the common school construction account—state appropriation is provided solely for mapping the design of new facilities and remapping the design of facilities to be remodeled, for school construction projects funded through the school construction assistance program.
(3) The office of the superintendent of public instruction must improve web-based access by taxpayers to school capacity and actual enrollment in order to understand possible opportunities to increase efficiency through consolidation. The office of the superintendent of public instruction must post this capacity and enrollment information on its web site.
(4) Funds from this appropriation may be used to match federal dollars provided by the office of economic adjustment for school replacement facilities located on military bases.
(5) The office of the superintendent of public instruction must expedite allocation and distribution of any eligible funds under the school construction assistance grant program to the Evergreen (Clark County) School District to address the school construction emergency resulting from the fire that destroyed the Crestline School.
(6) The space allocations for state funding assistance purposes for districts with senior or four-year high schools with fewer than four hundred students, as outlined in WAC 392-343-035, must be computed in accordance with the following formula:
Number of Headcount Student-Grades 9-12 |
Maximum Space Allocation Per Facility |
0-200 |
42,000 square feet |
201-300 |
48,000 square feet |
301-or more |
52,000 square feet |
Appropriation:
State Building Construction Account—State................ $285,355,000
Common School
Construction Account—State....... (($208,232,000))
$100,593,000
Common School Construction Account—Federal............ $1,500,000
Subtotal Appropriation..................... (($495,087,000))
$387,448,000
Prior Biennia (Expenditures)........................................................... $0
Future Biennia
(Projected Costs).......................... (($3,099,310,000))
$3,099,270,000
TOTAL.......................................... (($3,594,397,000))
$3,486,718,000
Sec. 6023. 2013 2nd sp.s. c 19 s 5015 (uncodified) is amended to read as follows:
FOR THE SUPERINTENDENT OF PUBLIC INSTRUCTION
WA-NIC (Washington Network for Innovative Careers) Skills Center - Snoqualmie Valley School District/Bellevue Community College (92000006)
Reappropriation:
State Building
Construction Account—State............... (($1,715,000))
$31,000
Prior Biennia (Expenditures)........................................................... $0
Future Biennia (Projected Costs)..................................................... $0
TOTAL...................................................... $1,715,000
$31,000
Sec. 6024. 2013 2nd sp.s. c 19 s 5025 (uncodified) is amended to read as follows:
FOR THE SUPERINTENDENT OF PUBLIC INSTRUCTION
School Security Improvement Grants (92000015)
The appropriation in this section is subject to the following conditions and limitations: The appropriation is provided solely for nonrecurring costs associated with school facility safety projects consistent with chapter 233, Laws of 2013 (Second Engrossed Substitute Senate Bill No. 5197).
Appropriation:
State Building
Construction Account—State............. (($10,000,000))
$6,656,000
Prior Biennia (Expenditures)........................................................... $0
Future Biennia (Projected Costs)..................................................... $0
TOTAL.................................................... $10,000,000
$6,656,000
Sec. 6025. 2013 2nd sp.s. c 19 s 5055 (uncodified) is amended to read as follows:
FOR THE WASHINGTON STATE UNIVERSITY
Washington State University Pullman Pedestrian Bridge (91000028)
Appropriation:
Washington State University Building
Account—State.................................................... (($1,500,000))
$0
Prior Biennia (Expenditures)........................................................... $0
Future Biennia (Projected Costs)..................................................... $0
TOTAL...................................................... $1,500,000
$0
Sec. 6026. 2013 2nd sp.s. c 19 s 5108 (uncodified) is amended to read as follows:
FOR THE COMMUNITY AND TECHNICAL COLLEGE SYSTEM
Bates Technical College: Mohler Communications Technology Center (20082703)
Reappropriation:
State Building Construction Account—State....................... $219,000
Appropriation:
State Building
Construction Account—State............. (($23,808,000))
$24,519,000
Prior Biennia (Expenditures)............................................. $1,709,000
Future Biennia (Projected Costs)..................................................... $0
TOTAL.................................................... $25,736,000
$26,447,000
Sec. 6027. 2013 2nd sp.s. c 19 s 5110 (uncodified) is amended to read as follows:
FOR THE COMMUNITY AND TECHNICAL COLLEGE SYSTEM
Clark College: Health and Advanced Technologies Building (20082705)
Reappropriation:
State Building Construction Account—State.................... $1,335,000
Appropriation:
State Building
Construction Account—State............. (($33,784,000))
$34,478,000
Prior Biennia (Expenditures)............................................. $1,239,000
Future Biennia (Projected Costs)..................................................... $0
TOTAL.................................................... $36,358,000
$37,052,000
Sec. 6028. 2013 2nd sp.s. c 19 s 7043 (uncodified) is amended to read as follows:
FOR THE STATE TREASURER—TRANSFERS
State Toxic Control Account: For transfer to the
Local Toxic Control Account.................................................... $4,000,000
Environmental Legacy Stewardship Account: For
transfer to the Local Toxic Control Account........................... $12,000,000
State Taxable Building Construction Account: For
transfer to the drinking water assistance
account, $4,400,000 for fiscal year 2015.......................... $4,400,000
State Taxable Building Construction Account: For
transfer to the water pollution control
revolving account, $15,500,000 for fiscal
year 2015......................................................................... $15,500,000
Sec. 6029. RCW 43.160.080 and 2010 1st sp.s. c 36 s 6011 are each amended to read as follows:
There shall be a
fund in the state treasury known as the public facilities construction loan
revolving account, which shall consist of all moneys collected under this
chapter and any moneys appropriated to it by law. Disbursements from the
revolving account shall be on authorization of the board. In order to maintain
an effective expenditure and revenue control, the public facilities
construction loan revolving account shall be subject in all respects to chapter
43.88 RCW. ((During the 2009-2011 biennium, sums in the public facilities
construction loan revolving account may be used for community economic
revitalization board export assistance grants and loans in section 1018,
chapter 36, Laws of 2010 1st sp. sess. and for matching funds for the federal
energy regional innovation cluster in section 1017, chapter 36, Laws of 2010
1st sp. sess.)) During the 2013-2015 biennium, amounts in the public
facilities construction loan revolving account may be used for the animal
disease traceability project in section 3247, chapter 19, Laws of 2013 2nd sp.
sess., administered by the department of agriculture. During the 2013-2015
biennium, sums in the public facilities construction loan revolving account may
be used for the clean energy partnership project in section 1038, chapter 19,
Laws of 2013 2nd sp. sess.
NEW SECTION. Sec. 6030. A new section is added to 2013 2nd sp.s. c 19 (uncodified) to read as follows:
To the extent that any appropriation authorizes expenditures of state funds from the state building construction account, or from any other capital project account in the state treasury, for a capital project or program that is specified to be funded with proceeds from the sale of bonds, the legislature declares that any such expenditures for that project or program made prior to the issue date of the applicable bonds are intended to be reimbursed from proceeds of those bonds in a maximum amount equal to the amount of such appropriation.
NEW SECTION. Sec. 6031. 2013 2nd sp.s. c 19 s 7013 (uncodified) is repealed.
PART 7
MISCELLANEOUS PROVISIONS
NEW SECTION. Sec. 7001. RCW 43.88.031 requires the disclosure of the estimated debt service costs associated with new capital bond appropriations. The estimated debt service costs for the appropriations contained in this act are thirty-six million nine hundred sixty-four thousand dollars for the 2015-2017 biennium, two hundred thirty-one million four hundred thirty-nine thousand dollars for the 2017-2019 biennium, and three hundred twenty-four million six hundred three thousand dollars for the 2019-2021 biennium.
NEW SECTION. Sec. 7002. ACQUISITION OF PROPERTIES AND FACILITIES THROUGH FINANCIAL CONTRACTS. (1) The following agencies may enter into financial contracts, paid from any funds of an agency, appropriated or nonappropriated, for the purposes indicated and in not more than the principal amounts indicated, plus financing expenses and required reserves pursuant to chapter 39.94 RCW. When securing properties under this section, agencies shall use the most economical financial contract option available, including long-term leases, lease-purchase agreements, lease-development with option to purchase agreements or financial contracts using certificates of participation. Expenditures made by an agency for one of the indicated purposes before the issue date of the authorized financial contract and any certificates of participation therein are intended to be reimbursed from proceeds of the financial contract and any certificates of participation therein to the extent provided in the agency's financing plan approved by the state finance committee.
State agencies may enter into agreements with the department of enterprise services and the state treasurer's office to develop requests to the legislature for acquisition of properties and facilities through financial contracts. The agreements may include charges for services rendered.
(2) Those noninstructional facilities of higher education institutions authorized in this section to enter into financial contracts are not eligible for state funded maintenance and operations. Instructional space that is available for regularly scheduled classes for academic transfer, basic skills, and workforce training programs may be eligible for state funded maintenance and operations.
(3) Criminal justice training commission: Enter into a financing contract for up to $6,672,000 plus financing expenses and required reserves pursuant to chapter 39.94 RCW to renovate the dormitory.
(4) Department of enterprise services: Enter into a financing contract for up to $63,500,000 plus financing expenses and required reserves pursuant to chapter 39.94 RCW to construct a new building for the utility and transportation commission, and other agencies as identified by the office of financial management, at the pro arts site on the capitol campus.
(5) Department of enterprise services: Enter into a financing contract for up to $20,000,000 plus financing expenses and required reserves pursuant to chapter 39.94 RCW to purchase the Seattle community justice center.
(6) Department of enterprise services: Enter into a financing contract for up to $69,000,000 plus financing expenses and required reserves pursuant to chapter 39.94 RCW to construct a new office building at 1063 Capitol Way South, Olympia.
(7) Department of ecology: Enter into a financing contract for up to $180,000 plus financing expenses and required reserves pursuant to chapter 39.94 RCW for programmatic improvements to the headquarters building and the eastern regional office.
(8) Department of ecology: Enter into a financing contract for up to $760,000 plus financing expenses and required reserves pursuant to chapter 39.94 RCW for preservation improvements to the headquarters building.
(9) Central Washington University: Enter into a financing contract for up to $8,414,000 plus financing expenses and required reserves pursuant to chapter 39.94 RCW to construct a welcome center.
(10) The Evergreen State College: Enter into a financing contract for up to $12,500,000 plus financing expenses and required reserves pursuant to chapter 39.94 RCW to purchase a permanent location for the Tacoma program.
(11) Western Washington University: Enter into a financing contract for up to $16,310,000 plus financing expenses and required reserves pursuant to chapter 39.94 RCW for the carver building renovation.
(12) Eastern Washington University: Enter into a financing contract for up to $10,000,000 plus financing expenses and required reserves pursuant to chapter 39.94 RCW for the Washington street facility project.
(13) Community and technical colleges:
(a) Enter into a financing contract on behalf of Centralia Community College for up to $5,000,000 plus financing expenses and required reserves pursuant to chapter 39.94 RCW to renovate the student services building.
(b) Enter into a financing contract on behalf of Centralia Community College for up to $3,000,000 plus financing expenses and required reserves pursuant to chapter 39.94 RCW to purchase or construct student housing.
(c) Enter into a financing contract on behalf of Clark College for up to $8,500,000 plus financing expenses and required reserves pursuant to chapter 39.94 RCW to renovate the culinary arts facility.
(d) Enter into a financing contract on behalf of Clark College for up to $35,000,000 plus financing expenses and required reserves pursuant to chapter 39.94 RCW to design and construct a student recreation center.
(e) Enter into a financing contract on behalf of Columbia Basin College for up to $7,000,000 plus financing expenses and required reserves pursuant to chapter 39.94 RCW to design and construct a health science center.
(f) Enter into a financing contract on behalf of Green River College for up to $15,000,000 plus financing expenses and required reserves pursuant to chapter 39.94 RCW to construct an aviation program center.
(g) Enter into a financing contract on behalf of Highline College for up to $1,500,000 plus financing expenses and required reserves pursuant to chapter 39.94 RCW to renovate the maintenance and grounds building.
(h) Enter into a financing contract on behalf of Lower Columbia College for up to $3,000,000 plus financing expenses and required reserves pursuant to chapter 39.94 RCW to renovate the main building.
(i) Enter into a financing contract on behalf of Lower Columbia College for up to $3,000,000 plus financing expenses and required reserves pursuant to chapter 39.94 RCW to renovate and expand the Myklebust gymnasium.
(j) Enter into a financing contract on behalf of Tacoma Community College for up to $12,000,000 plus financing expenses and required reserves pursuant to chapter 39.94 RCW to expand a health and wellness center.
(k) Enter into a financing contract on behalf of Walla Walla Community College for up to $1,500,000 plus financing expenses and required reserves pursuant to chapter 39.94 RCW to construct a workforce and business development center.
(14) Department of fish and wildlife: Enter into a financing contract for up to $12,000,000 plus financing expenses and required reserves pursuant to chapter 39.94 RCW to design and construct or purchase a new office and warehouse building near Vancouver.
NEW SECTION. Sec. 7003. (1) The legislature finds that use of life-cycle cost analysis will aid public entities, architects, engineers, and contractors in making design and construction decisions that positively impact both the initial construction cost and the ongoing operating and maintenance cost of a project. To ensure that the total cost of a project is accounted for and the most reasonable and cost efficient design is used, agencies shall develop life-cycle costs for any construction project over $10,000,000. The life-cycle costs must represent the present value sum of capital costs, installation costs, operating costs, and maintenance costs over the life expectancy of the project. The legislature further finds the most effective approach to the life-cycle cost analysis is to integrate it into the early part of the design process.
(2) Agencies shall develop a minimum of three project alternatives for use in the life-cycle cost analysis. These alternatives must be both distinctly different and viable solutions to the issue being addressed. The chosen alternative must be the most reasonable and cost-effective solution. A brief description of each project alternative and why it was chosen must be included in the life-cycle cost analysis section of the predesign.
(3) The office of financial management shall: (a) Make available a life-cycle cost model to be used for analysis; (b) in consultation with the department of enterprise services, provide assistance in using the life-cycle cost model; and (c) update the life-cycle cost model annually including assumptions for inflation rates, discount rates, and energy rates.
(4) Agencies shall consider architectural and engineering firms' and general contractors' experience using life-cycle costs, operating costs, and energy efficiency measures when selecting an architectural and engineering firm, or when selecting contractors using alternative contracting methods.
NEW SECTION. Sec. 7004. To ensure that major construction projects are carried out in accordance with legislative and executive intent, appropriations in this act in excess of $10,000,000 may not be expended or encumbered until the office of financial management has reviewed and approved the agency's predesign. The predesign document must include, but not be limited to, program, site, and cost analysis, including life-cycle cost, in accordance with the predesign manual adopted by the office of financial management. The results of life-cycle cost analysis must be a primary consideration in the selection of a building design. Construction may proceed only upon providing to the office of financial management the life-cycle costs. To improve monitoring of major construction projects, progress reports must be submitted by the agency administering the project to the office of financial management and to the fiscal committees of the house of representatives and senate. Reports must be submitted on July 1st and December 31st each year in a format to be developed by the office of financial management.
NEW SECTION. Sec. 7005. (1) Allotments for appropriations in this act shall be provided in accordance with the capital project review requirements adopted by the office of financial management and in compliance with RCW 43.88.110. Projects that will be employing alternative public works construction procedures under chapter 39.10 RCW are subject to the allotment procedures defined in this section and RCW 43.88.110.
(2) Each project is defined as proposed in the legislative budget notes or in the governor's budget document.
NEW SECTION. Sec. 7006. (1) The office of financial management may authorize a transfer of appropriation authority provided for a capital project that is in excess of the amount required for the completion of such project to another capital project for which the appropriation is insufficient. No such transfer may be used to expand the capacity of any facility beyond that intended in making the appropriation. Such transfers may be effected only between capital appropriations to a specific department, commission, agency, or institution of higher education and only between capital projects that are funded from the same fund or account. No transfers may occur between projects to local government agencies except where the grants are provided within a single omnibus appropriation and where such transfers are specifically authorized by the implementing statutes that govern the grants.
(2) The office of financial management may find that an amount is in excess of the amount required for the completion of a project only if: (a) The project as defined in the notes to the budget document is substantially complete and there are funds remaining; or (b) bids have been let on a project and it appears to a substantial certainty that the project as defined in the notes to the budget document can be completed within the biennium for less than the amount appropriated in this act.
(3) For the purposes of this section, the intent is that each project be defined as proposed to the legislature in the governor's budget document, unless it clearly appears from the legislative history that the legislature intended to define the scope of a project in a different way.
(4) A report of any transfer effected under this section, except emergency projects or any transfer under $250,000, shall be filed with the legislative fiscal committees of the senate and house of representatives by the office of financial management at least thirty days before the date the transfer is effected. The office of financial management shall report all emergency or smaller transfers within thirty days from the date of transfer.
NEW SECTION. Sec. 7007. (1) It is expected that projects be ready to proceed in a timely manner depending on the type or phase of the project or program that is the subject of the appropriation in this act. Except for major projects that customarily may take more than two biennia to complete from predesign to the end of construction, or large infrastructure grant or loan programs supporting projects that often take more than two biennia to complete, the legislature generally does not intend to reappropriate funds more than once, particularly for smaller grant programs, local/community projects, and minor works.
(2) Agencies shall expedite the expenditure of reappropriations and appropriations in this act in order to: (a) Rehabilitate infrastructure resources; (b) accelerate environmental rehabilitation and restoration projects for the improvement of the state's natural environment; (c) reduce additional costs associated with acquisition and construction inflationary pressures; and (d) provide additional employment opportunities associated with capital expenditures.
(3) To the extent feasible, agencies are directed to accelerate expenditure rates at their current level of permanent employees and shall use contracted design and construction services wherever necessary to meet the goals of this section.
NEW SECTION. Sec. 7008. (1) Any building project that receives funding from the capital budget must be built to sustainable standards. "Sustainable building" means a building that integrates and optimizes all major high-performance building attributes, including energy efficiency, durability, life-cycle performance, and occupant productivity. The following design and construction attributes must be integrated into the building project:
(a) Employ integrated design principles: Use a collaborative, integrated planning and design process that initiates and maintains an integrated project team in all stages of a project's planning and delivery. Establish performance goals for siting, energy, water, materials, and indoor environmental quality along with other comprehensive design goals and ensures incorporation of these goals throughout the design and life-cycle of the building. Considers all stages of the building's life-cycle, including deconstruction.
(b) Commissioning: Employ commissioning practices tailored to the size and complexity of the building and its system components in order to verify performance of building components and systems and help ensure that design requirements are met. This should include an experienced commissioning provider, inclusion of commissioning requirements in construction documents, a commissioning plan, verification of the installation and performance of systems to be commissioned, and a commissioning report.
(c) Optimize energy performance: Establish a whole building performance target that takes into account the intended use, occupancy, operations, plug loads, other energy demands, and design to earn the ENERGY STAR targets for new construction and major renovation where applicable. For new construction target low energy use index. For major renovations, reduce the energy use by fifty percent below pre-renovations baseline.
(d) On-site renewable energy: Meet at least thirty percent of the hot water demand through the installation of solar hot water heaters, when life-cycle cost effective. Implement renewable energy generation projects on agency property for agency use, when life-cycle cost effective.
(e) Measurement and verification: Install building level electricity meters in new major construction and renovation projects to track and continuously optimize performance. Include equivalent meters for natural gas and steam, where natural gas and steam are used. Install dashboards inside buildings to display and incentivize occupants on energy use.
(f) Benchmarking: Compare actual performance data from the first year of operation with the energy design target. Verify that the building performance meets or exceeds the design target. For other building and space types, use an equivalent benchmarking tool for laboratory buildings. Web-based data collection and dashboards must also be provided.
NEW SECTION. Sec. 7009. State agencies, including institutions of higher education, shall allot and report full-time equivalent staff for capital projects in a manner comparable to staff reporting for operating expenditures.
NEW SECTION. Sec. 7010. Executive Order No. 05-05, archaeological and cultural resources, was issued effective November 10, 2005. Agencies and higher education institutions shall comply with the requirements set forth in this executive order.
NEW SECTION. Sec. 7011. PUGET SOUND PROTECTION AND RESTORATION. Consistent with RCW 90.71.340, when expending appropriations under this act that contribute to Puget Sound protection and recovery, agencies shall consult with the Puget Sound partnership to ensure that projects and expenditures are either in, or consistent with the 2020 action agenda. These consultations shall include the exchange of information on specific actions, projects, associated funding, performance measures, and other information necessary to track project implementation and ensure alignment with the action agenda. In situations where the Puget Sound partnership finds that a project is not in, or is not consistent with the action agenda, Puget Sound partnership shall document this finding and report back to the governor and legislative fiscal committees.
NEW SECTION. Sec. 7012. FOR THE ARTS COMMISSION—ART WORK ALLOWANCE. (1) One-half of one percent of moneys appropriated in this act for original construction of school plant facilities is provided solely for the purposes of RCW 28A.335.210.
(2) One-half of one percent of moneys appropriated in this act for original construction or any major renovation or remodel work exceeding $200,000 by colleges or universities is provided solely for the purposes of RCW 28B.10.027.
(3) One-half of one percent of moneys appropriated in this act for original construction of any public building by a state agency identified in RCW 43.17.020 is provided solely for the purposes of RCW 43.17.200.
(4) At least eighty-five percent of the moneys spent by the Washington state arts commission during the 2015-2017 biennium for the purposes of RCW 28A.335.210, 28B.10.027, and 43.17.200 must be expended solely for direct acquisition of works of art. Art allocations not expended within the ensuing two biennia will lapse. The commission may use up to $100,000 of this amount to conserve or maintain existing pieces in the state art collection pursuant to RCW 28A.335.210.
(5) The executive director of the arts commission shall appoint a study group to review the operations of the one-half of one percent for works of art purchased or commissioned as required by RCW 28A.335.210, 28B.10.027, and 43.17.200. The findings of the review must be reported annually to the office of financial management and the fiscal committees of the legislature by August 15th. The review must include, but is not limited to, the following: (a) Projects purchased or commissioned per biennium; (b) partner agencies; (c) funding sources by fiscal year; (d) artwork costs; (e) administrative costs; (f) collection care costs; and (g) project status.
NEW SECTION. Sec. 7013. It is confirmed that the director of the department of enterprise services is authorized under chapter 35A.14 RCW to petition for annexation of the former northern state hospital property to the city of Sedro-Woolley upon the director's determination that such annexation is appropriate and in furtherance of the interests of the state. The director shall consult with the office of financial management prior to making such determination.
Sec. 7014. RCW 27.34.330 and 2006 c 371 s 232 are each amended to read as follows:
The Washington state historical society shall establish a competitive process to solicit proposals for and prioritize heritage capital projects for potential funding in the state capital budget. The society shall adopt rules governing project eligibility and evaluation criteria. Application for funding of specific projects may be made to the society by local governments, public development authorities, nonprofit corporations, tribal governments, and other entities, as determined by the society. The society, with the advice of leaders in the heritage field, including but not limited to representatives from the office of the secretary of state, the eastern Washington state historical society, and the department of archaeology and historic preservation, shall establish and submit a prioritized list of heritage capital projects to the governor and the legislature in the society's biennial capital budget request. The list shall include a description of each project, the amount of recommended state funding, and documentation of nonstate funds to be used for the project. The total amount of recommended state funding for projects on a biennial project list shall not exceed ten million dollars. The prioritized list shall be developed through open and public meetings and the amount of state funding shall not exceed thirty-three and thirty-three one hundredths percent of the total cost of the project. The nonstate portion of the total project cost may include cash, the value of real property when acquired solely for the purpose of the project, and in-kind contributions. The department shall not sign contracts or otherwise financially obligate funds under this section until the legislature has approved a specific list of projects. In contracts for grants authorized under this section, the society shall include provisions requiring that capital improvements be held by the grantee for a specified period of time appropriate to the amount of the grant and that facilities be used for the express purpose of the grant. If the grantee is found to be out of compliance with provisions of the contract, the grantee shall repay to the state general fund the principal amount of the grant plus interest calculated at the rate of interest on state of Washington general obligation bonds issued most closely to the date of authorization of the grant.
NEW SECTION. Sec. 7015. To carry out the provisions of this act, the governor may assign responsibility for predesign, design, construction, and other related activities to any appropriate agency.
NEW SECTION. Sec. 7016. If any federal moneys appropriated by this act for capital projects are not received by the state, the department or agency to which the moneys were appropriated may replace the federal moneys with funds available from private or local sources. No replacement may occur under this section without the prior approval of the director of financial management in consultation with the senate ways and means committee and the house of representatives capital budget committee.
NEW SECTION. Sec. 7017. (1) Unless otherwise stated, for all appropriations under this act that require a match of nonstate money or in-kind contributions, the following requirement, consistent with RCW 43.88.150, shall apply: Expenditures of state money shall be timed so that the state share of project expenditures never exceeds the intended state share of total project costs.
(2) Provision of the full amount of required matching funds is not required to permit the expenditure of capital budget appropriations for phased projects if a proportional amount of the required matching funds is provided for each distinct, identifiable phase of the project.
Sec. 7018. RCW 28A.525.166 and 2013 2nd sp.s. c 18 s 514 are each amended to read as follows:
Allocations to school districts of state funds provided by RCW 28A.525.162 through 28A.525.180 shall be made by the superintendent of public instruction and the amount of state funding assistance to a school district in financing a school plant project shall be determined in the following manner:
(1) The boards of directors of the districts shall determine the total cost of the proposed project, which cost may include the cost of acquiring and preparing the site, the cost of constructing the building or of acquiring a building and preparing the same for school use, the cost of necessary equipment, taxes chargeable to the project, necessary architects' fees, and a reasonable amount for contingencies and for other necessary incidental expenses: PROVIDED, That the total cost of the project shall be subject to review and approval by the superintendent.
(2) The state funding assistance percentage for a school district shall be computed by the following formula:
The ratio of the school district's adjusted valuation per pupil divided by the ratio of the total state adjusted valuation per pupil shall be subtracted from three, and then the result of the foregoing shall be divided by three plus (the ratio of the school district's adjusted valuation per pupil divided by the ratio of the total state adjusted valuation per pupil).
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District adjusted |
Total state |
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3-valuation |
÷ |
adjusted valuation |
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|
Computed |
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per pupil |
|
per pupil |
|
State |
State |
= |
.......................................................... |
= - % |
Funding |
||
Ratio |
|
District adjusted |
Total state |
|
Assistance |
|
|
|
3+valuation |
÷ |
adjusted valuation |
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|
|
per pupil |
|
per pupil |
|
|
PROVIDED, That in the event the state funding assistance percentage to any school district based on the above formula is less than twenty percent and such school district is otherwise eligible for state funding assistance under RCW 28A.525.162 through 28A.525.180, the superintendent may establish for such district a state funding assistance percentage not in excess of twenty percent of the approved cost of the project, if the superintendent finds that such additional assistance is necessary to provide minimum facilities for housing the pupils of the district.
(3) In addition to the computed state funding assistance percentage developed in subsection (2) of this section, a school district shall be entitled to additional percentage points determined by the average percentage of growth for the past three years. One percent shall be added to the computed state funding assistance percentage for each percent of growth, with a maximum of twenty percent.
(4) In computing the state funding assistance percentage in subsection (2) of this section and adjusting the percentage under subsection (3) of this section, students residing outside the school district who are enrolled in alternative learning experience courses under RCW 28A.232.010 shall be excluded from the count of total pupils. In lieu of the exclusion in this subsection, a district may submit an alternative calculation for excluding students enrolled in alternative learning experience courses. The alternative calculation must show the student headcount use of district classroom facilities on a regular basis for a reasonable duration by out-of-district alternative learning experience students subtracted by the headcount of in-district alternative learning experience students not using district classroom facilities on a regular basis for a reasonable duration. The alternative calculation must be submitted in a form approved by the office of the superintendent of public instruction. The office of the superintendent of public instruction must develop rules to define "regular basis" and "reasonable duration."
(5) The approved cost of the project determined in the manner prescribed in this section multiplied by the state funding assistance percentage derived as provided for in this section shall be the amount of state funding assistance to the district for the financing of the project: PROVIDED, That need therefor has been established to the satisfaction of the superintendent: PROVIDED, FURTHER, That additional state funding assistance may be allowed if it is found by the superintendent, considering policy recommendations from the school facilities citizen advisory panel that such assistance is necessary in order to meet (a) a school housing emergency resulting from the destruction of a school building by fire, the condemnation of a school building by properly constituted authorities, a sudden excessive and clearly foreseeable future increase in school population, or other conditions similarly emergent in nature; or (b) a special school housing burden resulting from projects of statewide significance or imposed by virtue of the admission of nonresident students into educational programs established, maintained and operated in conformity with the requirements of law; or (c) a deficiency in the capital funds of the district resulting from financing, subsequent to April 1, 1969, and without benefit of the state funding assistance provided by prior state assistance programs, the construction of a needed school building project or projects approved in conformity with the requirements of such programs, after having first applied for and been denied state funding assistance because of the inadequacy of state funds available for the purpose, or (d) a condition created by the fact that an excessive number of students live in state owned housing, or (e) a need for the construction of a school building to provide for improved school district organization or racial balance, or (f) conditions similar to those defined under (a), (b), (c), (d), and (e) of this subsection, creating a like emergency.
(6) For the 2015-2017 biennium, schools determined to have a lack of sufficient space to provide all-day kindergarten, reduce class sizes, or provide science classrooms or labs to meet the requirements of law, have a special housing burden condition similar to those defined under subsection (5)(b) of this section, creating a like emergency. For the 2015-2017 biennium, school districts are entitled to additional percentage points for school construction projects that have a special housing burden condition only. The additional percentage points are determined by (a) student enrollments in the free and reduced price meals program, and (b) donations of cash, like-kind, or equipment from private sources. The additional percentage points under (a) of this subsection are twenty percent of the percent of student enrollments eligible and enrolled in the free and reduced price meals program. The additional percentage points under (b) of this subsection are determined by enrollments of the school district and the value of the private donation as follows:
District Enrollments |
$250K-$499K |
Value of Donation $500K-$1M |
>$1M |
Less than 2,000 |
10 |
15 |
20 |
2,000-4,000 |
5 |
10 |
15 |
More than 4,000 |
0 |
5 |
10 |
Sec. 7019. RCW 28A.525.172 and 2006 c 263 s 314 are each amended to read as follows:
All applications by
school districts for state assistance in providing school plant facilities
shall be made to the superintendent of public instruction in conformity with
rules adopted by the superintendent of public instruction, considering policy
recommendations from the school facilities citizen advisory panel. Studies and
surveys shall be conducted by the superintendent for the purpose of securing
information relating to (((a) [(1)])) (1) the kind and extent of
the school plant facilities required and the urgency of need for such
facilities in districts that seek state assistance, (((b) [(2)])) (2)
the ability of such districts to provide capital funds by local effort, (((c)
[(3)])) (3) the need for improvement of school administrative units
and school attendance areas among or within such districts, and (((d) [(4)]))
(4) any other pertinent matters. For the 2015-2017 biennium, the
superintendent may not conduct studies and surveys for the purpose of this
section.
NEW SECTION. Sec. 7020. NONTAXABLE AND TAXABLE BOND PROCEEDS. Portions of the appropriation authority granted by this act from the state building construction account, or any other account receiving bond proceeds, may be transferred to the state taxable building construction account as deemed necessary by the state finance committee to comply with the federal internal revenue service rules and regulations pertaining to the use of nontaxable bond proceeds. Portions of the general obligation bond proceeds authorized by chapter . . ., Laws of 2015 (Substitute House Bill No. 1166, the general obligation bond bill) for deposit into the state taxable building construction account that are in excess of amounts required to comply with the federal internal revenue service rules and regulations shall be deposited into the state building construction account. The state treasurer shall submit written notification to the director of financial management if it is determined that a shift of appropriation authority between the state building construction account, or any other account receiving bond proceeds, and the state taxable building construction account is necessary, or that a shift of appropriation authority from the state taxable building construction account to the state building construction account may be made.
NEW SECTION. Sec. 7021. COLUMBIA RIVER BASIN NONTAXABLE AND TAXABLE BOND PROCEEDS. Portions of the appropriation authority granted by this act from the Columbia river basin water supply development account may be transferred to the Columbia river basin taxable bond water supply development account as deemed necessary by the state finance committee to comply with the federal internal revenue service rules and regulations pertaining to the use of nontaxable bond proceeds. The state treasurer shall submit written notification to the director of financial management if it is determined that a shift of appropriation authority between the Columbia river basin water supply development account and the Columbia river basin taxable bond water supply development account is necessary, or that a shift of appropriation authority from the Columbia river basin taxable bond water supply development account to the Columbia river basin water supply development account may be made.
NEW SECTION. Sec. 7022. The office of financial management, in consultation with the fiscal committees of the legislature, may select capital projects that have completed predesign to undergo a budget evaluation study. The budget evaluation study team approach using value engineering techniques and life cycle cost analysis must be utilized by the office of financial management in conducting the studies. The office of financial management shall select the budget evaluation team members, contract for the study, and report the results to the legislature and agencies in a timely manner following the study. Funds from the project appropriation must be used by the office of financial management through an interagency agreement with the affected agencies to cover the cost of the study.
NEW SECTION. Sec. 7023. RESEARCH ON TRANSFER OF FEDERAL LANDS TO WASHINGTON STATE. Staff from the appropriate legislative committees shall use existing studies and available literature to research the potential costs, revenues, and policy impacts of transferring federal lands to state ownership. The research must include:
(1) Costs to the state of: (a) Land management related to wildfires, forest health, invasive species management, and public access; (b) addressing deferred forest health issues and ongoing maintenance; (c) payments in lieu of taxes; (d) state program development; and (e) other potential costs.
(2) Revenues to the state from: (a) Current and increased timber cut-rates; (b) mineral lease revenues; (c) recreation fees; (d) grazing fees; (e) permanent common school account investment income; and (f) other potential revenues.
(3) Policy research related to the endangered species act, the mining law of 1872, and other federal-state impacts.
(4) The research may not include consideration of revenues or costs of transferring public lands into private ownership status.
(5) A report on this research must be provided to appropriate legislative committees by December 1, 2015.
Sec. 7024. RCW 28B.20.725 and 2013 2nd sp.s. c 19 s 7027 are each amended to read as follows:
The board is hereby empowered:
(1) To reserve the right to issue bonds later on a parity with any bonds being issued;
(2) To authorize the investing of moneys in the bond retirement fund and any reserve account therein;
(3) To authorize the transfer of money from the University of Washington building account to the bond retirement fund when necessary to prevent a default in the payments required to be made out of such fund;
(4) To create a reserve account or accounts in the bond retirement fund to secure the payment of the principal of and interest on any bonds;
(5) To authorize
the transfer to the University of Washington building account of any money on
deposit in the bond retirement fund in excess of debt service for a period of
three years from the date of such transfer on all outstanding bonds payable out
of such fund. ((However, during the 2011-2013 fiscal biennium, the
legislature may transfer to the University of Washington building account
moneys that are in excess of the debt service due within one year of the date
of transfer on all outstanding bonds payable out of the bond retirement fund.))
However, during the 2013-2015 fiscal biennium, the legislature may transfer to
the University of Washington building account moneys that are in excess of the
debt service due within the 2013-2015 fiscal biennium from the date of such
transfer on all outstanding bonds payable out of the bond retirement fund. However,
during the 2015-2017 fiscal biennium, the legislature may transfer to the
University of Washington building account moneys that are in excess of the debt
service due within the 2015-2017 fiscal biennium from the date of such transfer
on all outstanding bonds payable out of the bond retirement fund.
Sec. 7025. RCW 28B.15.310 and 2013 2nd sp.s. c 19 s 7028 are each amended to read as follows:
Within thirty-five days from the date of collection thereof, all building fees shall be paid and credited as follows: To the Washington State University bond retirement fund, one-half or such larger portion as may be necessary to prevent a default in the payments required to be made out of such bond retirement fund; and the remainder thereof to the Washington State University building account.
The sum so credited
to the Washington State University building account shall be expended by the
board of regents for buildings, equipment, or maintenance on the campus of
Washington State University as may be deemed most advisable and for the best
interests of the university, and for certificates of participation under chapter
39.94 RCW, except for any sums transferred as authorized by law. ((During
the 2011-2013 biennium, sums credited to the Washington State University
building account shall also be used for routine facility maintenance and
utility costs.)) During the 2013-2015 biennium, sums credited to the
Washington State University building account shall also be used for routine
facility maintenance, utility costs, and facility condition assessments. During
the 2015-2017 biennium, sums credited to the Washington State University
building account shall also be used for routine facility maintenance, utility
costs, and facility condition assessments. Expenditures so made shall be
accounted for in accordance with existing law and shall not be expended until
appropriated by the legislature.
The sum so credited to the Washington State University bond retirement fund shall be used to pay and secure the payment of the principal of and interest on building bonds issued by the university, except for any sums which may be transferred out of such fund as authorized by law.
Sec. 7026. RCW 28B.15.210 and 2013 2nd sp.s. c 19 s 7026 are each amended to read as follows:
Within thirty-five days from the date of collection thereof, all building fees at the University of Washington, including building fees to be charged students registering in the schools of medicine and dentistry, shall be paid into the state treasury and credited as follows:
One-half or such larger portion as may be necessary to prevent a default in the payments required to be made out of the bond retirement fund to the "University of Washington bond retirement fund" and the remainder thereof to the "University of Washington building account." The sum so credited to the University of Washington building account shall be used exclusively for the purpose of erecting, altering, maintaining, equipping, or furnishing buildings, and for certificates of participation under chapter 39.94 RCW, except for any sums transferred as authorized in RCW 28B.20.725(3). The sum so credited to the University of Washington bond retirement fund shall be used for the payment of principal of and interest on bonds outstanding as provided by chapter 28B.20 RCW except for any sums transferred as authorized in RCW 28B.20.725(5). During the 2013-2015 biennium, sums credited to the University of Washington building account shall also be used for routine facility maintenance, utility costs, and facility condition assessments. During the 2015-2017 biennium, sums credited to the University of Washington building account shall also be used for routine facility maintenance, utility costs, and facility condition assessments.
Sec. 7027. RCW 28B.30.750 and 2013 2nd sp.s. c 19 s 7029 are each amended to read as follows:
The board is hereby empowered:
(1) To reserve the right to issue bonds later on a parity with any bonds being issued;
(2) To authorize the investing of moneys in the bond retirement fund and any reserve account therein;
(3) To authorize the transfer of money from the Washington State University building account to the bond retirement fund when necessary to prevent a default in the payments required to be made out of such fund;
(4) To create a reserve account or accounts in the bond retirement fund to secure the payment of the principal of and interest on any bonds;
(5) To authorize
the transfer to the Washington State University building account of any money
on deposit in the bond retirement fund in excess of debt service for a period
of three years from the date of such transfer on all outstanding bonds payable
out of such fund. ((However, during the 2011-2013 fiscal biennium, the
legislature may transfer to the Washington State University building account
moneys that are in excess of the debt service due within one year of the date
of transfer on all outstanding bonds payable out of the bond retirement fund.))
However, during the 2013-2015 fiscal biennium, the legislature may transfer to
the Washington State University building account moneys that are in excess of
the debt service due within the 2013-2015 fiscal biennium from the date of such
transfer on all outstanding bonds payable out of the bond retirement fund. However,
during the 2015-2017 fiscal biennium, the legislature may transfer to the
Washington State University building account moneys that are in excess of the
debt service due within the 2015-2017 fiscal biennium from the date of such
transfer on all outstanding bonds payable out of the bond retirement fund.
Sec. 7028. RCW 28B.35.370 and 2013 2nd sp.s. c 19 s 7030 are each amended to read as follows:
Within thirty-five days from the date of collection thereof all building fees of each regional university and The Evergreen State College shall be paid into the state treasury and these together with such normal school fund revenues as provided in RCW 28B.35.751 as are received by the state treasury shall be credited as follows:
(1) On or before June 30th of each year the board of trustees of each regional university and The Evergreen State College, if issuing bonds payable out of its building fees and above described normal school fund revenues, shall certify to the state treasurer the amounts required in the ensuing twelve months to pay and secure the payment of the principal of and interest on such bonds. The amounts so certified by each regional university and The Evergreen State College shall be a prior lien and charge against all building fees and above described normal school fund revenues of such institution. The state treasurer shall thereupon deposit the amounts so certified in the Eastern Washington University capital projects account, the Central Washington University capital projects account, the Western Washington University capital projects account, or The Evergreen State College capital projects account respectively, which accounts are hereby created in the state treasury. The amounts deposited in the respective capital projects accounts shall be used to pay and secure the payment of the principal of and interest on the building bonds issued by such regional universities and The Evergreen State College as authorized by law. If in any twelve month period it shall appear that the amount certified by any such board of trustees is insufficient to pay and secure the payment of the principal of and interest on the outstanding building and above described normal school fund revenue bonds of its institution, the state treasurer shall notify the board of trustees and such board shall adjust its certificate so that all requirements of moneys to pay and secure the payment of the principal of and interest on all such bonds then outstanding shall be fully met at all times.
(2) All normal
school fund revenue pursuant to RCW 28B.35.751 shall be deposited in the
Eastern Washington University capital projects account, the Central Washington
University capital projects account, the Western Washington University capital
projects account, or The Evergreen State College capital projects account
respectively, which accounts are hereby created in the state treasury. The sums
deposited in the respective capital projects accounts shall be appropriated and
expended to pay and secure the payment of the principal of and interest on
bonds payable out of the building fees and normal school revenue and for the
construction, reconstruction, erection, equipping, maintenance, demolition and
major alteration of buildings and other capital assets, and the acquisition of
sites, rights-of-way, easements, improvements or appurtenances in relation
thereto except for any sums transferred therefrom as authorized by law. ((During
the 2011-2013 biennium, sums in the respective capital accounts shall also be
used for routine facility maintenance and utility costs.)) However, during
the 2013-2015 biennium, sums in the respective capital accounts shall also be
used for routine facility maintenance, utility costs, and facility condition
assessments. However, during the 2015-2017 biennium, sums in the respective
capital accounts shall also be used for routine facility maintenance, utility
costs, and facility condition assessments.
(3) Funds available in the respective capital projects accounts may also be used for certificates of participation under chapter 39.94 RCW.
Sec. 7029. RCW 28B.50.360 and 2013 2nd sp.s. c 19 s 7031 are each amended to read as follows:
Within thirty-five days from the date of start of each quarter all collected building fees of each such community and technical college shall be paid into the state treasury, and shall be credited as follows:
(1) On or before June 30th of each year the college board if issuing bonds payable out of building fees shall certify to the state treasurer the amounts required in the ensuing twelve-month period to pay and secure the payment of the principal of and interest on such bonds. The state treasurer shall thereupon deposit the amounts so certified in the community and technical college capital projects account. Such amounts of the funds deposited in the community and technical college capital projects account as are necessary to pay and secure the payment of the principal of and interest on the building bonds issued by the college board as authorized by this chapter shall be devoted to that purpose. If in any twelve-month period it shall appear that the amount certified by the college board is insufficient to pay and secure the payment of the principal of and interest on the outstanding building bonds, the state treasurer shall notify the college board and such board shall adjust its certificate so that all requirements of moneys to pay and secure the payment of the principal and interest on all such bonds then outstanding shall be fully met at all times.
(2) The community
and technical college capital projects account is hereby created in the state
treasury. The sums deposited in the capital projects account shall be
appropriated and expended to pay and secure the payment of the principal of and
interest on bonds payable out of the building fees and for the construction,
reconstruction, erection, equipping, maintenance, demolition and major
alteration of buildings and other capital assets owned by the state board for
community and technical colleges in the name of the state of Washington, and
the acquisition of sites, rights-of-way, easements, improvements or
appurtenances in relation thereto, engineering and architectural services
provided by the department of enterprise services, and for the payment of
principal of and interest on any bonds issued for such purposes. ((During
the 2011-2013 biennium, sums in the capital projects account shall also be used
for routine facility maintenance and utility costs.)) However, during
the 2013-2015 biennium, sums in the capital projects account shall also be used
for routine facility maintenance and utility costs. However, during the
2015-2017 biennium, sums in the capital projects account shall also be used for
routine facility maintenance and utility costs.
(3) Funds available in the community and technical college capital projects account may also be used for certificates of participation under chapter 39.94 RCW.
Sec. 7030. RCW 43.34.080 and 2013 2nd sp.s. c 19 s 7015 are each amended to read as follows:
(1) The capitol campus design advisory committee is established as an advisory group to the capitol committee and the director of enterprise services to review programs, planning, design, and landscaping of state capitol facilities and grounds and to make recommendations that will contribute to the attainment of architectural, aesthetic, functional, and environmental excellence in design and maintenance of capitol facilities on campus and located in neighboring communities.
(2) The advisory committee shall consist of the following persons who shall be appointed by and serve at the pleasure of the director of enterprise services:
(a) Two architects;
(b) A landscape architect; and
(c) An urban planner.
The director of enterprise services shall appoint the chair and vice chair and shall provide the staff and resources necessary for implementing this section. The advisory committee shall meet at least once every ninety days and at the call of the chair.
The members of the committee shall be reimbursed as provided in RCW 43.03.220 and 44.04.120.
(3) The advisory committee shall also consist of the secretary of state and two members of the house of representatives, one from each caucus, who shall be appointed by the speaker of the house of representatives, and two members of the senate, one from each caucus, who shall be appointed by the president of the senate.
(4) The advisory committee shall review plans and designs affecting state capitol facilities as they are developed. The advisory committee's review shall include:
(a) The process of solicitation and selection of appropriate professional design services including design-build proposals;
(b) Compliance with the capitol campus master plan and design concepts as adopted by the capitol committee;
(c) The design, siting, and grouping of state capitol facilities relative to the service needs of state government and the impact upon the local community's economy, environment, traffic patterns, and other factors;
(d) The relationship of overall state capitol facility planning to the respective comprehensive plans for long-range urban development of the cities of Olympia, Lacey, and Tumwater, and Thurston county; and
(e) Landscaping plans and designs, including planting proposals, street furniture, sculpture, monuments, and access to the capitol campus and buildings.
(5) For development of the property known as the 1063 block, the committee may review the proposal selected by the department of enterprise services but must not propose changes that will affect the scope, budget, or schedule of the project.
(6) During the 2015-2017 fiscal biennium, for development of the property known as the pro arts site, the committee may review the proposal selected by the department of enterprise services but must not propose changes that will affect the scope, budget, or schedule of the project.
Sec. 7031. RCW 43.19.501 and 2011 1st sp.s. c 50 s 943 are each amended to read as follows:
The Thurston county capital facilities account is created in the state treasury. The account is subject to the appropriation and allotment procedures under chapter 43.88 RCW. Moneys in the account may be expended for capital projects in facilities owned and managed by the department in Thurston county. For the 2007-2009 biennium, moneys in the account may be used for predesign identified in section 1037, chapter 328, Laws of 2008. For the 2015-2017 biennium, moneys in the account may be used for studies related to real estate.
During the 2009-2011 and 2011-2013 fiscal biennia, the legislature may transfer from the Thurston county capital facilities account to the state general fund such amounts as reflect the excess fund balance of the account.
Sec. 7032. RCW 43.155.050 and 2013 2nd sp.s. c 4 s 983 are each amended to read as follows:
The public works
assistance account is hereby established in the state treasury. Money may be
placed in the public works assistance account from the proceeds of bonds when authorized
by the legislature or from any other lawful source. Money in the public works
assistance account shall be used to make loans and to give financial guarantees
to local governments for public works projects. Moneys in the account may also
be appropriated to provide for state match requirements under federal law for
projects and activities conducted and financed by the board under the drinking
water assistance account. Not more than fifteen percent of the biennial capital
budget appropriation to the public works board from this account may be
expended or obligated for preconstruction loans, emergency loans, or loans for
capital facility planning under this chapter; of this amount, not more than ten
percent of the biennial capital budget appropriation may be expended for
emergency loans and not more than one percent of the biennial capital budget
appropriation may be expended for capital facility planning loans. During the
((2011-2013 and 2013-2015)) 2015-2017 fiscal biennium, the
legislature may transfer from the public works assistance account to ((the
general fund,)) the water pollution control revolving account((,))
and the drinking water assistance account such amounts as reflect the excess
fund balance of the account. ((During the 2011-2013 fiscal biennium, the
legislature may appropriate moneys from the account for economic development,
innovation, and export grants, including brownfields; main street improvement
grants; and the loan program consolidation board.)) During the 2013-2015
fiscal biennium, the legislature may transfer from the public works assistance
account to the education legacy trust account such amounts as specified by the
legislature.
Sec. 7033. RCW 43.155.070 and 2013 2nd sp.s. c 19 s 7032 are each amended to read as follows:
(1) To qualify for financial assistance under this chapter the board must determine that a local government meets all of the following conditions:
(a) The city or county must be imposing a tax under chapter 82.46 RCW at a rate of at least one-quarter of one percent;
(b) The local government must have developed a capital facility plan; and
(c) The local government must be using all local revenue sources which are reasonably available for funding public works, taking into consideration local employment and economic factors.
(2) Except where necessary to address a public health need or substantial environmental degradation, a county, city, or town planning under RCW 36.70A.040 may not receive financial assistance under this chapter unless it has adopted a comprehensive plan, including a capital facilities plan element, and development regulations as required by RCW 36.70A.040. This subsection does not require any county, city, or town planning under RCW 36.70A.040 to adopt a comprehensive plan or development regulations before requesting or receiving financial assistance under this chapter if such request is made before the expiration of the time periods specified in RCW 36.70A.040. A county, city, or town planning under RCW 36.70A.040 that has not adopted a comprehensive plan and development regulations within the time periods specified in RCW 36.70A.040 may apply for and receive financial assistance under this chapter if the comprehensive plan and development regulations are adopted as required by RCW 36.70A.040 before executing a contractual agreement for financial assistance with the board.
(3) In considering awarding financial assistance for public facilities to special districts requesting funding for a proposed facility located in a county, city, or town planning under RCW 36.70A.040, the board must consider whether the county, city, or town planning under RCW 36.70A.040 in whose planning jurisdiction the proposed facility is located has adopted a comprehensive plan and development regulations as required by RCW 36.70A.040.
(4) The board must develop a priority process for public works projects as provided in this section. The intent of the priority process is to maximize the value of public works projects accomplished with assistance under this chapter. The board must attempt to assure a geographical balance in assigning priorities to projects. The board must consider at least the following factors in assigning a priority to a project:
(a) Whether the local government receiving assistance has experienced severe fiscal distress resulting from natural disaster or emergency public works needs;
(b) Except as otherwise conditioned by RCW 43.155.110, whether the entity receiving assistance is a Puget Sound partner, as defined in RCW 90.71.010;
(c) Whether the project is referenced in the action agenda developed by the Puget Sound partnership under RCW 90.71.310;
(d) Whether the project is critical in nature and would affect the health and safety of a great number of citizens;
(e) Whether the applicant's permitting process has been certified as streamlined by the office of regulatory assistance;
(f) Whether the applicant has developed and adhered to guidelines regarding its permitting process for those applying for development permits consistent with section 1(2), chapter 231, Laws of 2007;
(g) The cost of the project compared to the size of the local government and amount of loan money available;
(h) The number of communities served by or funding the project;
(i) Whether the project is located in an area of high unemployment, compared to the average state unemployment;
(j) Whether the project is the acquisition, expansion, improvement, or renovation by a local government of a public water system that is in violation of health and safety standards, including the cost of extending existing service to such a system;
(k) Except as otherwise conditioned by RCW 43.155.120, and effective one calendar year following the development of model evergreen community management plans and ordinances under RCW 35.105.050, whether the entity receiving assistance has been recognized, and what gradation of recognition was received, in the evergreen community recognition program created in RCW 35.105.030;
(l) The relative benefit of the project to the community, considering the present level of economic activity in the community and the existing local capacity to increase local economic activity in communities that have low economic growth; and
(m) Other criteria that the board considers advisable.
(5) For the ((2013-2015))
2015-2017 fiscal biennium, in place of the criteria, ranking, and
submission processes for construction loan lists provided in subsections (4)
and (7) of this section:
(a) The board must develop a process for numerically ranking applications for construction loans submitted by local governments. The board must consider, at a minimum and in any order, the following factors in assigning a numerical ranking to a project:
(i) Whether the project is critical in nature and would affect the health and safety of many people;
(ii) The extent to which the project leverages nonstate funds;
(iii) The extent to which the project is ready to proceed to construction;
(iv) Whether the project is located in an area of high unemployment, compared to the average state unemployment;
(v) Whether the project promotes the sustainable use of resources and environmental quality;
(vi) Whether the project consolidates or regionalizes systems;
(vii) Whether the project encourages economic development through mixed‑use and mixed income development consistent with chapter 36.70A RCW;
(viii) Whether the system is being well‑managed in the present and for long‑term sustainability;
(ix) Achieving equitable distribution of funds by geography and population;
(x) The extent to which the project meets the following state policy objectives:
(A) Efficient use of state resources;
(B) Preservation and enhancement of health and safety;
(C) Abatement of pollution and protection of the environment;
(D) Creation of new, family wage jobs, and avoidance of shifting existing jobs from one Washington state community to another;
(E) Fostering economic development consistent with chapter 36.70A RCW;
(F) Efficiency in delivery of goods and services, public transit, and transportation;
(G) Avoidance of additional costs to state and local governments that adversely impact local residents and small businesses; and
(H) Reduction of the overall cost of public infrastructure; and
(xi) Other criteria that the board considers necessary to achieve the purposes of this chapter.
(b) Before November
1, ((2014)) 2016, the board must develop and submit to the
appropriate fiscal committees of the senate and house of representatives a
ranked list of qualified public works projects which have been evaluated by the
board and are recommended for funding by the legislature. The maximum amount of
funding that the board may recommend for any jurisdiction is ten million
dollars per biennium. For each project on the ranked list, as well as for
eligible projects not recommended for funding, the board must document the
numerical ranking that was assigned.
(6) Existing debt or financial obligations of local governments may not be refinanced under this chapter. Each local government applicant must provide documentation of attempts to secure additional local or other sources of funding for each public works project for which financial assistance is sought under this chapter.
(7) Before November 1st of each even-numbered year, the board must develop and submit to the appropriate fiscal committees of the senate and house of representatives a description of the loans made under RCW 43.155.065, 43.155.068, and subsection (10) of this section during the preceding fiscal year and a prioritized list of projects which are recommended for funding by the legislature, including one copy to the staff of each of the committees. The list must include, but not be limited to, a description of each project and recommended financing, the terms and conditions of the loan or financial guarantee, the local government jurisdiction and unemployment rate, demonstration of the jurisdiction's critical need for the project and documentation of local funds being used to finance the public works project. The list must also include measures of fiscal capacity for each jurisdiction recommended for financial assistance, compared to authorized limits and state averages, including local government sales taxes; real estate excise taxes; property taxes; and charges for or taxes on sewerage, water, garbage, and other utilities.
(8) The board may not sign contracts or otherwise financially obligate funds from the public works assistance account before the legislature has appropriated funds for a specific list of public works projects. The legislature may remove projects from the list recommended by the board. The legislature may not change the order of the priorities recommended for funding by the board.
(9) Subsection (8) of this section does not apply to loans made under RCW 43.155.065, 43.155.068, and subsection (10) of this section.
(10) Loans made for the purpose of capital facilities plans are exempted from subsection (8) of this section.
(11) To qualify for loans or pledges for solid waste or recycling facilities under this chapter, a city or county must demonstrate that the solid waste or recycling facility is consistent with and necessary to implement the comprehensive solid waste management plan adopted by the city or county under chapter 70.95 RCW.
(12) After January 1, 2010, any project designed to address the effects of storm water or wastewater on Puget Sound may be funded under this section only if the project is not in conflict with the action agenda developed by the Puget Sound partnership under RCW 90.71.310.
(13) During the ((2013-2015))
2015-2017 fiscal biennium, for projects involving repair, replacement,
or improvement of a wastewater treatment plant or other public works facility
for which an investment grade efficiency audit is obtainable, the public works
board must require as a contract condition that the project sponsor undertake
an investment grade efficiency audit. The project sponsor may finance the costs
of the audit as part of its public works assistance account program loan.
(14)(a) ((For
public works assistance account application rounds conducted during the
2013-2015 fiscal biennium, the board must implement policies and procedures
designed to maximize local government use of federally funded drinking water
and clean water state revolving funds operated by the state departments of
health and ecology. The board, department of ecology, and department of health
must jointly develop evaluation criteria and application procedures that will
increase access of eligible drinking water and wastewater projects to the
public works assistance account for short-term preconstruction financing and to
the federally funded state revolving funds for construction financing. The
procedures must also strengthen coordinated funding of preconstruction and
construction projects.)) For public works assistance account application
rounds conducted during the 2015-2017 fiscal biennium, the board must implement
policies and procedures designed to maximize local government use of federal funds
to finance local infrastructure including, but not limited to, drinking water
and clean water state revolving funds operated by the state departments of
health and ecology.
(b) For all
construction loan projects proposed to the legislature for funding during the
((2013-2015)) 2015-2017 fiscal biennium, the board must base
interest rates on the average daily market interest rate for tax‑exempt
municipal bonds as published in the bond buyer's index for the period from
sixty to thirty days before the start of the application cycle. For projects
with a repayment period between five and twenty years, the rate must be sixty
percent of the market rate. For projects with a repayment period under five
years, the rate must be thirty percent of the market rate. The board must also
provide reduced interest rates, extended repayment periods, or forgivable
principal loans for projects that meet financial hardship criteria as measured
by the affordability index or similar standard measure of financial hardship.
(((c) By
December 1, 2013, the board must recommend to the appropriate committees of the
legislature statutory language to make permanent these new criteria,
procedures, and financing policies.))
Sec. 7034. RCW 43.160.080 and 2010 1st sp.s. c 36 s 6011 are each amended to read as follows:
There shall be a
fund in the state treasury known as the public facilities construction loan
revolving account, which shall consist of all moneys collected under this chapter
and any moneys appropriated to it by law. Disbursements from the revolving
account shall be on authorization of the board. In order to maintain an
effective expenditure and revenue control, the public facilities construction
loan revolving account shall be subject in all respects to chapter 43.88 RCW.
((During the 2009-2011 biennium, sums in the public facilities construction
loan revolving account may be used for community economic revitalization board
export assistance grants and loans in section 1018, chapter 36, Laws of 2010
1st sp. sess. and for matching funds for the federal energy regional innovation
cluster in section 1017, chapter 36, Laws of 2010 1st sp. sess.)) During
the 2015-2017 biennium, sums in the public facilities construction loan
revolving account may be used to continue and enhance the animal disease
traceability project in section 3247, chapter 19, Laws of 2013 2nd sp. sess.,
administered by the department of agriculture. During the 2015-2017 biennium,
sums in the public facilities construction loan revolving account may be used
for the clean energy partnership project in section 1038, chapter 19, Laws of
2013 2nd sp. sess.
Sec. 7035. RCW 70.105D.070 and 2013 2nd sp.s. c 19 s 7033 and 2013 2nd sp.s. c 4 s 992 are each reenacted and amended to read as follows:
(1) The state toxics control account and the local toxics control account are hereby created in the state treasury.
(2)(a) Moneys collected under RCW 82.21.030 must be deposited as follows: Fifty-six percent to the state toxics control account under subsection (3) of this section and forty-four percent to the local toxics control account under subsection (4) of this section. When the cumulative amount of deposits made to the state and local toxics control accounts under this section reaches the limit during a fiscal year as established in (b) of this subsection, the remainder of the moneys collected under RCW 82.21.030 during that fiscal year must be deposited into the environmental legacy stewardship account created in RCW 70.105D.170.
(b) The limit on distributions of moneys collected under RCW 82.21.030 to the state and local toxics control accounts for the fiscal year beginning July 1, 2013, is one hundred forty million dollars.
(c) In addition to the funds required under (a) of this subsection, the following moneys must be deposited into the state toxics control account: (i) The costs of remedial actions recovered under this chapter or chapter 70.105A RCW; (ii) penalties collected or recovered under this chapter; and (iii) any other money appropriated or transferred to the account by the legislature.
(3) Moneys in the state toxics control account must be used only to carry out the purposes of this chapter, including but not limited to the following activities:
(a) The state's responsibility for hazardous waste planning, management, regulation, enforcement, technical assistance, and public education required under chapter 70.105 RCW;
(b) The state's responsibility for solid waste planning, management, regulation, enforcement, technical assistance, and public education required under chapter 70.95 RCW;
(c) The hazardous waste clean-up program required under this chapter;
(d) State matching funds required under federal cleanup law;
(e) Financial assistance for local programs in accordance with chapters 70.95, 70.95C, 70.95I, and 70.105 RCW;
(f) State government programs for the safe reduction, recycling, or disposal of paint and hazardous wastes from households, small businesses, and agriculture;
(g) Oil and hazardous materials spill prevention, preparedness, training, and response activities;
(h) Water and environmental health protection and monitoring programs;
(i) Programs authorized under chapter 70.146 RCW;
(j) A public participation program;
(k) Public funding to assist potentially liable persons to pay for the costs of remedial action in compliance with clean-up standards under RCW 70.105D.030(2)(e) but only when the amount and terms of such funding are established under a settlement agreement under RCW 70.105D.040(4) and when the director has found that the funding will achieve both: (i) A substantially more expeditious or enhanced cleanup than would otherwise occur; and (ii) the prevention or mitigation of unfair economic hardship;
(l) Development and demonstration of alternative management technologies designed to carry out the hazardous waste management priorities of RCW 70.105.150;
(m) State agriculture and health programs for the safe use, reduction, recycling, or disposal of pesticides;
(n) Storm water pollution control projects and activities that protect or preserve existing remedial actions or prevent hazardous clean-up sites;
(o) Funding requirements to maintain receipt of federal funds under the federal solid waste disposal act (42 U.S.C. Sec. 6901 et seq.);
(p) Air quality programs and actions for reducing public exposure to toxic air pollution;
(q) Public funding to assist prospective purchasers to pay for the costs of remedial action in compliance with clean-up standards under RCW 70.105D.030(2)(e) if:
(i) The facility is located within a redevelopment opportunity zone designated under RCW 70.105D.150;
(ii) The amount and terms of the funding are established under a settlement agreement under RCW 70.105D.040(5); and
(iii) The director has found the funding meets any additional criteria established in rule by the department, will achieve a substantially more expeditious or enhanced cleanup than would otherwise occur, and will provide a public benefit in addition to cleanup commensurate with the scope of the public funding;
(r) Petroleum-based plastic or expanded polystyrene foam debris cleanup activities in fresh or marine waters;
(s) Appropriations to the local toxics control account or the environmental legacy stewardship account created in RCW 70.105D.170, if the legislature determines that priorities for spending exceed available funds in those accounts;
(t) During the
2013-2015 and 2015-2017 fiscal ((biennium)) biennia, the
department of ecology's water quality, shorelands, environmental assessment,
administration, and air quality programs;
(u) During the
2013-2015 fiscal biennium, actions at the state conservation commission to
improve water quality for shellfish; ((and))
(v) During the 2013-2015 fiscal biennium, actions at the University of Washington for reducing ocean acidification;
(w) For the
2013-2015 fiscal biennium, moneys in the state toxics control account may be
spent on projects in section ((3159)) 3160, chapter 19, Laws of
2013 2nd sp. sess. and for transfer to the local toxics control account; and
(x) For the 2013-2015 fiscal biennium, moneys in the state toxics control account may be transferred to the radioactive mixed waste account.
(4)(a) The department shall use moneys deposited in the local toxics control account for grants or loans to local governments for the following purposes in descending order of priority:
(i) Extended grant
agreements entered into under (((c)[(e)])) (e)(i) of this
subsection;
(ii) Remedial
actions, including planning for adaptive reuse of properties as provided for
under (((c)[(e)])) (e)(iv) of this subsection. The department
must prioritize funding of remedial actions at:
(A) Facilities on the department's hazardous sites list with a high hazard ranking for which there is an approved remedial action work plan or an equivalent document under federal cleanup law;
(B) Brownfield properties within a redevelopment opportunity zone if the local government is a prospective purchaser of the property and there is a department-approved remedial action work plan or equivalent document under the federal cleanup law;
(iii) Storm water pollution source projects that: (A) Work in conjunction with a remedial action; (B) protect completed remedial actions against recontamination; or (C) prevent hazardous clean-up sites;
(iv) Hazardous waste plans and programs under chapter 70.105 RCW;
(v) Solid waste plans and programs under chapters 70.95, 70.95C, 70.95I, and 70.105 RCW;
(vi) Petroleum-based plastic or expanded polystyrene foam debris cleanup activities in fresh or marine waters; and
(vii) Appropriations to the state toxics control account or the environmental legacy stewardship account created in RCW 70.105D.170, if the legislature determines that priorities for spending exceed available funds in those accounts.
(b) Funds for plans and programs must be allocated consistent with the priorities and matching requirements established in chapters 70.105, 70.95C, 70.95I, and 70.95 RCW.
(c) During the 2013-2015 fiscal biennium, the local toxics control account may also be used for local government storm water planning and implementation activities.
(d) During the 2013-2015 fiscal biennium, the legislature may transfer from the local toxics control account to the state general fund, such amounts as reflect the excess fund balance in the account.
(e) To expedite cleanups throughout the state, the department may use the following strategies when providing grants to local governments under this subsection:
(i) Enter into an extended grant agreement with a local government conducting remedial actions at a facility where those actions extend over multiple biennia and the total eligible cost of those actions exceeds twenty million dollars. The agreement is subject to the following limitations:
(A) The initial duration of such an agreement may not exceed ten years. The department may extend the duration of such an agreement upon finding substantial progress has been made on remedial actions at the facility;
(B) Extended grant agreements may not exceed fifty percent of the total eligible remedial action costs at the facility; and
(C) The department may not allocate future funding to an extended grant agreement unless the local government has demonstrated to the department that funds awarded under the agreement during the previous biennium have been substantially expended or contracts have been entered into to substantially expend the funds;
(ii) Enter into a grant agreement with a local government conducting a remedial action that provides for periodic reimbursement of remedial action costs as they are incurred as established in the agreement;
(iii) Enter into a grant agreement with a local government prior to it acquiring a property or obtaining necessary access to conduct remedial actions, provided the agreement is conditioned upon the local government acquiring the property or obtaining the access in accordance with a schedule specified in the agreement;
(iv) Provide integrated planning grants to local governments to fund studies necessary to facilitate remedial actions at brownfield properties and adaptive reuse of properties following remediation. Eligible activities include, but are not limited to: Environmental site assessments; remedial investigations; health assessments; feasibility studies; site planning; community involvement; land use and regulatory analyses; building and infrastructure assessments; economic and fiscal analyses; and any environmental analyses under chapter 43.21C RCW;
(v) Provide grants to local governments for remedial actions related to area-wide groundwater contamination. To receive the funding, the local government does not need to be a potentially liable person or be required to seek reimbursement of grant funds from a potentially liable person;
(vi) The director may alter grant matching requirements to create incentives for local governments to expedite cleanups when one of the following conditions exists:
(A) Funding would prevent or mitigate unfair economic hardship imposed by the clean‑up liability;
(B) Funding would create new substantial economic development, public recreational opportunities, or habitat restoration opportunities that would not otherwise occur; or
(C) Funding would create an opportunity for acquisition and redevelopment of brownfield property under RCW 70.105D.040(5) that would not otherwise occur;
(vii) When pending
grant applications under (((c)[(e)])) (e)(iv) and (v) of this
subsection (4) exceed the amount of funds available, designated redevelopment
opportunity zones must receive priority for distribution of available funds.
(((d) [(f)]))
(f) To expedite multiparty clean-up efforts, the department may purchase
remedial action cost-cap insurance. For the 2013-2015 fiscal biennium, moneys
in the local toxics control account may be spent on projects in sections 3024,
3035, 3036, and 3059, chapter 19, Laws of 2013 2nd sp. sess.
(5) Except for unanticipated receipts under RCW 43.79.260 through 43.79.282, moneys in the state and local toxics control accounts may be spent only after appropriation by statute.
(6) No moneys deposited into either the state or local toxics control account may be used for: Natural disasters where there is no hazardous substance contamination; high performance buildings; solid waste incinerator facility feasibility studies, construction, maintenance, or operation; or after January 1, 2010, for projects designed to address the restoration of Puget Sound, funded in a competitive grant process, that are in conflict with the action agenda developed by the Puget Sound partnership under RCW 90.71.310. However, this subsection does not prevent an appropriation from the state toxics control account to the department of revenue to enforce compliance with the hazardous substance tax imposed in chapter 82.21 RCW.
(7) Except during the 2011-2013 fiscal biennium, one percent of the moneys collected under RCW 82.21.030 shall be allocated only for public participation grants to persons who may be adversely affected by a release or threatened release of a hazardous substance and to not-for-profit public interest organizations. The primary purpose of these grants is to facilitate the participation by persons and organizations in the investigation and remedying of releases or threatened releases of hazardous substances and to implement the state's solid and hazardous waste management priorities. No grant may exceed sixty thousand dollars. Grants may be renewed annually. Moneys appropriated for public participation that are not expended at the close of any biennium revert to the state toxics control account.
(8) The department shall adopt rules for grant or loan issuance and performance. To accelerate both remedial action and economic recovery, the department may expedite the adoption of rules necessary to implement chapter 1, Laws of 2013 2nd sp. sess. using the expedited procedures in RCW 34.05.353. The department shall initiate the award of financial assistance by August 1, 2013. To ensure the adoption of rules will not delay financial assistance, the department may administer the award of financial assistance through interpretive guidance pending the adoption of rules through July 1, 2014.
(9) Except as provided under subsection (3)(k) and (q) of this section, nothing in chapter 1, Laws of 2013 2nd sp. sess. effects [affects] the ability of a potentially liable person to receive public funding.
(10) During the ((2013-2015))
2015-2017 fiscal biennium the local toxics control account may also be
used for the centennial clean water program ((and for storm water grants))
and for the storm water financial assistance program administered by the
department of ecology.
NEW SECTION. Sec. 7036. (1) Funds appropriated in this act for minor works may not be allotted until final project lists are submitted to the office of financial management. Revisions to the project lists are allowed for projects not anticipated at the time of budget development but must be submitted to the office of financial management, the house of representatives capital budget committee, and the senate ways and means committee for review and comment and must include an explanation of variances from the prior lists before funds may be expended on the revisions. Any project list revisions must be approved by the office of financial management before funds may be expended from the minor works appropriation.
(2)(a) Minor works project lists are single line appropriations that include multiple projects of a similar nature and that are valued between $25,000 and $1,000,000 each, with the exception of higher education minor works projects that may be valued up to $2,000,000. All projects must meet the criteria included in this subsection (2)(a). These projects should be completed within two years of the appropriation with the funding provided. Agencies are prohibited from including projects on their minor works lists that are a phase of a larger project, and that if combined over a continuous period of time, would exceed $1,000,000, or $2,000,000 for higher education minor works projects. Improvements for accessibility in compliance with the Americans with disabilities act may be included in any of the minor works categories.
(b) Minor works appropriations may not be used for the following: Studies, except for technical or engineering reviews or designs that lead directly to and support a project on the same minor works list; planning; design outside the scope of work on a minor works list; moveable, temporary, and traditionally funded operating equipment not in compliance with the equipment criteria established by the office of financial management; software not dedicated to control of a specialized system; moving expenses; land or facility acquisition; rolling stock; computers; or to supplement funding for projects with funding shortfalls unless expressly authorized. The office of financial management may make an exception to the limitations described in this subsection (2)(b) for exigent circumstances after notifying the legislative fiscal committees and waiting ten days for comments by the legislature regarding the proposed exception.
(c) Minor works preservation projects may include program improvements of no more than twenty-five percent of the individual minor works preservation project cost.
NEW SECTION. Sec. 7037. FOR THE STATE TREASURER—TRANSFERS
Public works assistance account—state: For transfer
to the water pollution control revolving account,
$6,000,000 for fiscal year 2016 and $6,000,000 for
fiscal year 2017........................................................................ $12,000,000
Public works assistance account—state: For transfer
to the drinking water assistance account, $4,400,000
for fiscal year 2016 and $4,400,000 for fiscal
year 2017................................................................................... $8,800,000
NEW SECTION. Sec. 7038. To the extent that any appropriation authorizes expenditures of state funds from the state building construction account, or from any other capital project account in the state treasury, for a capital project or program that is specified to be funded with proceeds from the sale of bonds, the legislature declares that any such expenditures for that project or program made prior to the issue date of the applicable bonds are intended to be reimbursed from proceeds of those bonds in a maximum amount equal to the amount of such appropriation.
NEW SECTION. Sec. 7039. The office of financial management, in accordance with RCW 28B.77.070 and 43.88D.010, shall include the following in the scoring process:
(1) The office of financial management shall develop a single prioritized list that includes all projects requesting funding, with the exception of minor works and predesign requests. Predesigns must be on a separate prioritized list.
(2) The office of financial management shall weight the reasonableness of cost criteria based on the following criteria in the following order: (a) Expected maximum allowable construction costs per square foot; and (b) life-cycle cost analysis using the office of financial management's life-cycle cost tool.
(3) Prior legislative commitment to the project funding of predesign or design must be included in the scoring criteria.
(4) Projects must be scored only once unless the office of financial management, or the requesting school, find that the project scope or budget has significantly changed.
Sec. 7040. RCW 43.131.413 and 2010 c 245 s 12 are each amended to read as follows:
The alternative
process for awarding contracts established in RCW 28B.20.744 terminates June
30, ((2015)) 2017, as provided in RCW 43.131.414.
Sec. 7041. RCW 43.131.414 and 2010 c 245 s 13 are each amended to read as follows:
RCW 28B.20.744, as
now existing or hereafter amended, is repealed, effective June 30, ((2016))
2018.
NEW SECTION. Sec. 7042. This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately."
Signed by Representatives Dunshee, Chair; Stanford, Vice Chair; DeBolt, Ranking Minority Member; Smith, Assistant Ranking Minority Member; Kilduff; Kochmar; Peterson; Riccelli and Walsh.
Referred to Committee on .
March 30, 2015
HB 1645 Prime Sponsor, Representative Pollet: Concerning youth substance use prevention associated with tobacco and drug delivery e-cigarettes and vapor products. Reported by Committee on Commerce & Gaming
MAJORITY recommendation: The substitute bill be substituted therefor and the substitute bill do pass. Signed by Representatives Hurst, Chair; Wylie, Vice Chair; Blake; Kirby and Van De Wege.
MINORITY recommendation: Do not pass. Signed by Representatives Condotta, Ranking Minority Member; Holy, Assistant Ranking Minority Member; Scott and Vick.
Referred to Committee on Appropriations.
March 31, 2015
HB 2136 Prime Sponsor, Representative Carlyle: Relating to comprehensive marijuana market reforms to ensure a well-regulated and taxed marijuana market in Washington state. Reported by Committee on Appropriations
MAJORITY recommendation: The second substitute bill be substituted therefor and the second substitute bill do pass and do not pass the substitute bill by Committee on Finance. Signed by Representatives Hunter, Chair; Ormsby, Vice Chair; Carlyle; Cody; Condotta; Dunshee; Haler; Hansen; Hudgins; Hunt, S.; Jinkins; Kagi; Lytton; Magendanz; Pettigrew; Sawyer; Schmick; Senn; Springer; Sullivan; Tharinger and Walkinshaw.
MINORITY recommendation: Do not pass. Signed by Representatives Chandler, Ranking Minority Member; Parker, Assistant Ranking Minority Member; Wilcox, Assistant Ranking Minority Member; Buys; Dent; Fagan; Hunt, G. and Taylor.
MINORITY recommendation: Without recommendation. Signed by Representatives MacEwen; Stokesbary and Van Werven.
Passed to Committee on Rules for second reading.
April 1, 2015
ESB 5014 Prime Sponsor, Senator Honeyford: Concerning best practices for water banks. Reported by Committee on Agriculture & Natural Resources
MAJORITY recommendation: Do pass. Signed by Representatives Blake, Chair; Lytton, Vice Chair; Buys, Ranking Minority Member; Chandler; Hurst; Pettigrew; Stanford and Van De Wege.
MINORITY recommendation: Do not pass. Signed by Representatives Dent, Assistant Ranking Minority Member and Schmick.
MINORITY recommendation: Without recommendation. Signed by Representatives Dunshee and Orcutt.
Passed to Committee on Rules for second reading.
March 31, 2015
SB 5024 Prime Sponsor, Senator Benton: Making conforming amendments made necessary by reorganizing and streamlining central service functions, powers, and duties of state government. Reported by Committee on General Government & Information Technology
MAJORITY recommendation: Do pass as amended.
Strike everything after the enacting clause and insert the following:
"Sec. 1. RCW 2.36.054 and 2011 1st sp.s. c 43 s 812 are each amended to read as follows:
Unless otherwise specified by rule of the supreme court, the jury source list and master jury list for each county shall be created as provided by this section.
(1) The superior
court of each county, after consultation with the county clerk and county auditor
of that jurisdiction, shall annually notify the consolidated technology
services agency not later than March 1st of each year of its election to
use either a jury source list that is merged by the county or a jury source
list that is merged by the consolidated technology services agency. The
consolidated technology services agency shall annually furnish at no charge to
the superior court of each county a separate list of the registered voters
residing in that county as supplied annually by the secretary of state and a
separate list of driver's license and identicard holders residing in that
county as supplied annually by the department of licensing, or a merged list of
all such persons residing in that county, in accordance with the annual
notification required by this subsection. The lists provided by the
consolidated technology services agency shall be in an electronic format
mutually agreed upon by the superior court requesting it and the ((department
of information services)) consolidated technology services agency.
The annual merger of the list of registered voters residing in each county with
the list of licensed drivers and identicard holders residing in each county to
form a jury source list for each county shall be in accordance with the
standards and methodology established in this chapter or by superseding court
rule whether the merger is accomplished by the consolidated technology services
agency or by a county.
(2) Persons on the lists of registered voters and driver's license and identicard holders shall be identified by a minimum of last name, first name, middle initial where available, date of birth, gender, and county of residence. Identifying information shall be used when merging the lists to ensure to the extent reasonably possible that persons are only listed once on the merged list. Conflicts in addresses are to be resolved by using the most recent record by date of last vote in a general election, date of driver's license or identicard address change or date of voter registration.
(3) The consolidated technology services agency shall provide counties that elect to receive a jury source list merged by the consolidated technology services agency with a list of names which are possible duplicates that cannot be resolved based on the identifying information required under subsection (2) of this section. If a possible duplication cannot subsequently be resolved satisfactorily through reasonable efforts by the county receiving the merged list, the possible duplicate name shall be stricken from the jury source list until the next annual jury source list is prepared.
Sec. 2. RCW 2.36.057 and 1993 c 408 s 1 are each amended to read as follows:
The supreme court
is requested to adopt court rules to be effective by September 1, 1994,
regarding methodology and standards for merging the list of registered voters
in Washington state with the list of licensed drivers and identicard holders in
Washington state for purposes of creating an expanded jury source list. The
rules should specify the standard electronic format or formats in which the
lists will be provided to requesting superior courts by the department of ((information
services)) enterprise services. In the interim, and until such court
rules become effective, the methodology and standards provided in RCW 2.36.054
shall apply. An expanded jury source list shall be available to the courts for
use by September 1, 1994.
Sec. 3. RCW 2.36.0571 and 1993 c 408 s 2 are each amended to read as follows:
Not later than
January 1, 1994, the secretary of state, the department of licensing, and the
department of ((information services)) enterprise services shall
adopt administrative rules as necessary to provide for the implementation of
the methodology and standards established pursuant to RCW 2.36.057 and 2.36.054
or by supreme court rule.
Sec. 4. RCW 2.68.060 and 2010 c 282 s 7 are each amended to read as follows:
The administrative office of the courts, under the direction of the judicial information system committee, shall:
(1) Develop a
judicial information system information technology portfolio consistent with
the provisions of RCW ((43.105.172)) 43.41A.110;
(2) Participate in
the development of an enterprise-based statewide information technology
strategy ((as defined in RCW 43.105.019));
(3) Ensure the judicial information system information technology portfolio is organized and structured to clearly indicate participation in and use of enterprise-wide information technology strategies;
(4) As part of the
biennial budget process, submit the judicial information system information
technology portfolio to the chair and ranking member of the ways and means
committees of the house of representatives and the senate, the office of
financial management, and the ((department of information services)) office
of the chief information officer.
Sec. 5. RCW 4.92.110 and 2009 c 433 s 3 are each amended to read as follows:
No action subject
to the claim filing requirements of RCW 4.92.100 shall be commenced against the
state, or against any state officer, employee, or volunteer, acting in such
capacity, for damages arising out of tortious conduct until sixty calendar days
have elapsed after the claim is presented to the office of risk
management ((division)) in the department of enterprise services.
The applicable period of limitations within which an action must be commenced
shall be tolled during the sixty calendar day period. For the purposes of the
applicable period of limitations, an action commenced within five court days
after the sixty calendar day period has elapsed is deemed to have been
presented on the first day after the sixty calendar day period elapsed.
Sec. 6. RCW 4.96.020 and 2012 c 250 s 2 are each amended to read as follows:
(1) The provisions of this section apply to claims for damages against all local governmental entities and their officers, employees, or volunteers, acting in such capacity.
(2) The governing body of each local governmental entity shall appoint an agent to receive any claim for damages made under this chapter. The identity of the agent and the address where he or she may be reached during the normal business hours of the local governmental entity are public records and shall be recorded with the auditor of the county in which the entity is located. All claims for damages against a local governmental entity, or against any local governmental entity's officers, employees, or volunteers, acting in such capacity, shall be presented to the agent within the applicable period of limitations within which an action must be commenced. A claim is deemed presented when the claim form is delivered in person or is received by the agent by regular mail, registered mail, or certified mail, with return receipt requested, to the agent or other person designated to accept delivery at the agent's office. The failure of a local governmental entity to comply with the requirements of this section precludes that local governmental entity from raising a defense under this chapter.
(3) For claims for
damages presented after July 26, 2009, all claims for damages must be presented
on the standard tort claim form that is maintained by the office of risk
management ((division of the office of financial management)) in the
department of enterprise services, except as allowed under (c) of this
subsection. The standard tort claim form must be posted on the ((office of financial
management's)) department of enterprise services' web site.
(a) The standard tort claim form must, at a minimum, require the following information:
(i) The claimant's name, date of birth, and contact information;
(ii) A description of the conduct and the circumstances that brought about the injury or damage;
(iii) A description of the injury or damage;
(iv) A statement of the time and place that the injury or damage occurred;
(v) A listing of the names of all persons involved and contact information, if known;
(vi) A statement of the amount of damages claimed; and
(vii) A statement of the actual residence of the claimant at the time of presenting the claim and at the time the claim arose.
(b) The standard tort claim form must be signed either:
(i) By the claimant, verifying the claim;
(ii) Pursuant to a written power of attorney, by the attorney in fact for the claimant;
(iii) By an attorney admitted to practice in Washington state on the claimant's behalf; or
(iv) By a court-approved guardian or guardian ad litem on behalf of the claimant.
(c) Local governmental entities shall make available the standard tort claim form described in this section with instructions on how the form is to be presented and the name, address, and business hours of the agent of the local governmental entity. If a local governmental entity chooses to also make available its own tort claim form in lieu of the standard tort claim form, the form:
(i) May require additional information beyond what is specified under this section, but the local governmental entity may not deny a claim because of the claimant's failure to provide that additional information;
(ii) Must not require the claimant's social security number; and
(iii) Must include instructions on how the form is to be presented and the name, address, and business hours of the agent of the local governmental entity appointed to receive the claim.
(d) If any claim form provided by the local governmental entity fails to require the information specified in this section, or incorrectly lists the agent with whom the claim is to be filed, the local governmental entity is deemed to have waived any defense related to the failure to provide that specific information or to present the claim to the proper designated agent.
(e) Presenting either the standard tort claim form or the local government tort claim form satisfies the requirements of this chapter.
(f) The amount of damages stated on the claim form is not admissible at trial.
(4) No action subject to the claim filing requirements of this section shall be commenced against any local governmental entity, or against any local governmental entity's officers, employees, or volunteers, acting in such capacity, for damages arising out of tortious conduct until sixty calendar days have elapsed after the claim has first been presented to the agent of the governing body thereof. The applicable period of limitations within which an action must be commenced shall be tolled during the sixty calendar day period. For the purposes of the applicable period of limitations, an action commenced within five court days after the sixty calendar day period has elapsed is deemed to have been presented on the first day after the sixty calendar day period elapsed.
(5) With respect to the content of claims under this section and all procedural requirements in this section, this section must be liberally construed so that substantial compliance will be deemed satisfactory.
Sec. 7. RCW 8.26.085 and 2011 c 336 s 281 are each amended to read as follows:
(1) The lead
agency, after full consultation with the department of ((general
administration)) enterprise services, shall adopt rules and
establish such procedures as the lead agency may determine to be necessary to
assure:
(a) That the payments and assistance authorized by this chapter are administered in a manner that is fair and reasonable and as uniform as practicable;
(b) That a displaced person who makes proper application for a payment authorized for that person by this chapter is paid promptly after a move or, in hardship cases, is paid in advance; and
(c) That a displaced person who is aggrieved by a program or project that is under the authority of a state agency or local public agency may have his or her application reviewed by the state agency or local public agency.
(2) The lead
agency, after full consultation with the department of ((general
administration)) enterprise services, may adopt such other rules and
procedures, consistent with the provisions of this chapter, as the lead agency
deems necessary or appropriate to carry out this chapter.
(3) State agencies and local public agencies shall comply with the rules adopted pursuant to this section by April 2, 1989.
Sec. 8. RCW 15.24.086 and 1994 c 164 s 1 are each amended to read as follows:
All such printing
contracts provided for in this section ((and RCW 15.24.085)) shall be
executed and performed under conditions of employment which shall substantially
conform to the laws of this state respecting hours of labor, the minimum wage
scale, and the rules and regulations of the department of labor and industries
regarding conditions of employment, hours of labor, and minimum wages, and the
violation of such provision of any contract shall be ground for cancellation
thereof.
Sec. 9. RCW 15.64.060 and 2008 c 215 s 2 are each amended to read as follows:
(1) A farm-to-school program is created within the department to facilitate increased procurement of Washington grown food by schools.
(2) The department,
in consultation with the department of health, the office of the superintendent
of public instruction, the department of ((general administration)) enterprise
services, and Washington State University, shall, in order of priority:
(a) Identify and develop policies and procedures to implement and evaluate the farm-to-school program, including coordinating with school procurement officials, buying cooperatives, and other appropriate organizations to develop uniform procurement procedures and materials, and practical recommendations to facilitate the purchase of Washington grown food by the common schools. These policies, procedures, and recommendations shall be made available to school districts to adopt at their discretion;
(b) Assist food producers, distributors, and food brokers to market Washington grown food to schools by informing them of food procurement opportunities, bid procedures, school purchasing criteria, and other requirements;
(c) Assist schools in connecting with local producers by informing them of the sources and availability of Washington grown food as well as the nutritional, environmental, and economic benefits of purchasing Washington grown food;
(d) Identify and recommend mechanisms that will increase the predictability of sales for producers and the adequacy of supply for purchasers;
(e) Identify and make available existing curricula, programs and publications that educate students on the nutritional, environmental, and economic benefits of preparing and consuming locally grown food;
(f) Support efforts to advance other farm-to-school connections such as school gardens or farms and farm visits; and
(g) As resources allow, seek additional funds to leverage state expenditures.
(3) The department in cooperation with the office of the superintendent of public instruction shall collect data on the activities conducted pursuant to chapter 215, Laws of 2008 and communicate such data biennially to the appropriate committees of the legislature beginning November 15, 2009. Data collected may include the numbers of schools and farms participating and any increases in the procurement of Washington grown food by the common schools.
(4) As used in this
section, RCW ((43.19.1905, 43.19.1906,)) 28A.335.190, and 28A.235.170,
"Washington grown" means grown and packed or processed in Washington.
Sec. 10. RCW 15.65.285 and 1972 ex.s. c 112 s 2 are each amended to read as follows:
The restrictive
provisions of chapter ((43.78)) 43.19 RCW((, as now or
hereafter amended,)) shall not apply to promotional printing and literature
for any commodity board.
Sec. 11. RCW 15.66.280 and 1972 ex.s. c 112 s 5 are each amended to read as follows:
The restrictive
provisions of chapter ((43.78)) 43.19 RCW ((as now or
hereafter amended)) shall not apply to promotional printing and literature
for any commission formed under this chapter.
Sec. 12. RCW 15.88.070 and 2010 c 8 s 6114 are each amended to read as follows:
The powers and duties of the commission include:
(1) To elect a chair and such officers as the commission deems advisable. The officers shall include a treasurer who is responsible for all receipts and disbursements by the commission and the faithful discharge of whose duties shall be guaranteed by a bond at the sole expense of the commission. The commission shall adopt rules for its own governance, which shall provide for the holding of an annual meeting for the election of officers and transaction of other business and for such other meetings as the commission may direct;
(2) To do all things reasonably necessary to effect the purposes of this chapter. However, the commission shall have no legislative power;
(3) At the pleasure of the commission, to employ and discharge managers, secretaries, agents, attorneys, and employees and to engage the services of independent contractors as the commission deems necessary, to prescribe their duties, and to fix their compensation;
(4) To receive donations of wine from wineries for promotional purposes;
(5) To engage directly or indirectly in the promotion of Washington wine, including without limitation the acquisition in any lawful manner and the dissemination without charge of wine, which dissemination shall not be deemed a sale for any purpose and in which dissemination the commission shall not be deemed a wine producer, supplier, or manufacturer of any kind or the clerk, servant, or agent of a producer, supplier, or manufacturer of any kind. Such dissemination shall be for agricultural development or trade promotion, which may include promotional hosting and shall in the good faith judgment of the commission be in aid of the marketing, advertising, or sale of wine, or of research related to such marketing, advertising, or sale;
(6) To acquire and
transfer personal and real property, establish offices, incur expense, enter
into contracts (including contracts for creation and printing of promotional
literature, which contracts shall not be subject to chapter ((43.78)) 43.19
RCW, but which shall be cancelable by the commission unless performed under
conditions of employment which substantially conform to the laws of this state
and the rules of the department of labor and industries). The commission may
create such debt and other liabilities as may be reasonable for proper
discharge of its duties under this chapter;
(7) To maintain such account or accounts with one or more qualified public depositaries as the commission may direct, to cause moneys to be deposited therein, and to expend moneys for purposes authorized by this chapter by drafts made by the commission upon such institutions or by other means;
(8) To cause to be kept and annually closed, in accordance with generally accepted accounting principles, accurate records of all receipts, disbursements, and other financial transactions, available for audit by the state auditor;
(9) To create and maintain a list of producers and to disseminate information among and solicit the opinions of producers with respect to the discharge of the duties of the commission, directly or by arrangement with trade associations or other instrumentalities;
(10) To employ, designate as agent, act in concert with, and enter into contracts with any person, council, commission or other entity for the purpose of promoting the general welfare of the vinifera grape industry and particularly for the purpose of assisting in the sale and distribution of Washington wine in domestic and foreign commerce, expending moneys as it may deem necessary or advisable for such purpose and for the purpose of paying its proportionate share of the cost of any program providing direct or indirect assistance to the sale and distribution of Washington wine in domestic or foreign commerce, employing and paying for vendors of professional services of all kinds; and
(11) To sue and be sued as a commission, without individual liability for acts of the commission within the scope of the powers conferred upon it by this chapter.
Sec. 13. RCW 15.89.070 and 2011 c 103 s 16 are each amended to read as follows:
The commission shall:
(1) Elect a chair and officers. The officers must include a treasurer who is responsible for all receipts and disbursements by the commission and the faithful discharge of whose duties shall be guaranteed by a bond at the sole expense of the commission. The commission must adopt rules for its own governance that provide for the holding of an annual meeting for the election of officers and the transaction of other business and for other meetings the commission may direct;
(2) Do all things reasonably necessary to effect the purposes of this chapter. However, the commission has no rule-making power except as provided in this chapter;
(3) Employ and discharge managers, secretaries, agents, attorneys, and employees and engage the services of independent contractors;
(4) Retain, as necessary, the services of private legal counsel to conduct legal actions on behalf of the commission. The retention of a private attorney is subject to review by the office of the attorney general;
(5) Receive donations of beer from producers for promotional purposes under subsections (6) and (7) of this section and for fund-raising purposes under subsection (8) of this section. Donations of beer for promotional purposes may only be disseminated without charge;
(6) Engage directly or indirectly in the promotion of Washington beer, including, without limitation, the acquisition in any lawful manner and the dissemination without charge of beer. This dissemination is not deemed a sale for any purpose and the commission is not deemed a producer, supplier, or manufacturer, or the clerk, servant, or agent of a producer, supplier, distributor, or manufacturer. This dissemination without charge shall be for agricultural development or trade promotion, and not for fund-raising purposes under subsection (8) of this section. Dissemination for promotional purposes may include promotional hosting and must in the good faith judgment of the commission be in the aid of the marketing, advertising, sale of beer, or of research related to such marketing, advertising, or sale;
(7) Promote Washington beer by conducting unique beer tastings without charge;
(8) Beginning July 1, 2007, fund the Washington beer commission through sponsorship of up to twelve beer festivals annually at which beer may be sold to festival participants. For this purpose, the commission would qualify for issue of a special occasion license as an exception to WAC 314-05-020 but must comply with laws under Title 66 RCW and rules adopted by the liquor control board under which such events may be conducted;
(9) Participate in international, federal, state, and local hearings, meetings, and other proceedings relating to the production, regulation, distribution, sale, or use of beer including activities authorized under RCW 42.17A.635, including the reporting of those activities to the public disclosure commission;
(10) Acquire and
transfer personal and real property, establish offices, incur expenses, and
enter into contracts, including contracts for the creation and printing of
promotional literature. The contracts are not subject to chapter ((43.78))
43.19 RCW, and are cancelable by the commission unless performed under
conditions of employment that substantially conform to the laws of this state
and the rules of the department of labor and industries. The commission may
create debt and other liabilities that are reasonable for proper discharge of
its duties under this chapter;
(11) Maintain accounts with one or more qualified public depositories as the commission may direct, for the deposit of money, and expend money for purposes authorized by this chapter by drafts made by the commission upon such institutions or by other means;
(12) Cause to be kept and annually closed, in accordance with generally accepted accounting principles, accurate records of all receipts, disbursements, and other financial transactions, available for audit by the state auditor;
(13) Create and maintain a list of producers and disseminate information among and solicit the opinions of producers with respect to the discharge of the duties of the commission, directly or by arrangement with trade associations or other instrumentalities;
(14) Employ, designate as an agent, act in concert with, and enter into contracts with any person, council, commission, or other entity to promote the general welfare of the beer industry and particularly to assist in the sale and distribution of Washington beer in domestic and foreign commerce. The commission shall expend money necessary or advisable for this purpose and to pay its proportionate share of the cost of any program providing direct or indirect assistance to the sale and distribution of Washington beer in domestic or foreign commerce, employing and paying for vendors of professional services of all kinds;
(15) Sue and be sued as a commission, without individual liability for acts of the commission within the scope of the powers conferred upon it by this chapter;
(16) Serve as liaison with the liquor control board on behalf of the commission and not for any individual producer;
(17) Receive such gifts, grants, and endowments from public or private sources as may be made from time to time, in trust or otherwise, for the use and benefit of the purposes of the commission and expend the same or any income therefrom according to the terms of the gifts, grants, or endowments.
Sec. 14. RCW 15.100.080 and 2010 c 8 s 6115 are each amended to read as follows:
The powers and duties of the commission include:
(1) To elect a chair and such officers as the commission deems advisable. The commission shall adopt rules for its own governance, which provide for the holding of an annual meeting for the election of officers and transaction of other business and for such other meetings as the commission may direct;
(2) To adopt any rules necessary to carry out the purposes of this chapter, in conformance with chapter 34.05 RCW;
(3) To administer and do all things reasonably necessary to carry out the purposes of this chapter;
(4) At the pleasure of the commission, to employ a treasurer who is responsible for all receipts and disbursements by the commission and the faithful discharge of whose duties shall be guaranteed by a bond at the sole expense of the commission;
(5) At the pleasure of the commission, to employ and discharge managers, secretaries, agents, attorneys, and employees and to engage the services of independent contractors as the commission deems necessary, to prescribe their duties, and to fix their compensation;
(6) To engage directly or indirectly in the promotion of Washington forest products and managed forests, and shall in the good faith judgment of the commission be in aid of the marketing, advertising, or sale of forest products, or of research related to such marketing, advertising, or sale of forest products, or of research related to managed forests;
(7) To enforce the provisions of this chapter, including investigating and prosecuting violations of this chapter;
(8) To acquire and
transfer personal and real property, establish offices, incur expense, and
enter into contracts. Contracts for creation and printing of promotional
literature are not subject to chapter ((43.78)) 43.19 RCW, but such
contracts may be canceled by the commission unless performed under conditions
of employment which substantially conform to the laws of this state and the
rules of the department of labor and industries. The commission may create such
debt and other liabilities as may be reasonable for proper discharge of its
duties under this chapter;
(9) To maintain such account or accounts with one or more qualified public depositaries as the commission may direct, to cause moneys to be deposited therein, and to expend moneys for purposes authorized by this chapter by drafts made by the commission upon such institutions or by other means;
(10) To cause to be kept and annually closed, in accordance with generally accepted accounting principles, accurate records of all receipts, disbursements, and other financial transactions, available for audit by the state auditor;
(11) To create and maintain a list of producers and to disseminate information among and solicit the opinions of producers with respect to the discharge of the duties of the commission, directly or by arrangement with trade associations or other instrumentalities;
(12) To employ, designate as agent, act in concert with, and enter into contracts with any person, council, commission, or other entity for the purpose of promoting the general welfare of the forest products industry and particularly for the purpose of assisting in the sale and distribution of Washington forest products in domestic and foreign commerce, expending moneys as it may deem necessary or advisable for such purpose and for the purpose of paying its proportionate share of the cost of any program providing direct or indirect assistance to the sale and distribution of Washington forest products in domestic or foreign commerce, and employing and paying for vendors of professional services of all kinds;
(13) To sue and be sued as a commission, without individual liability for acts of the commission within the scope of the powers conferred upon it by this chapter;
(14) To propose assessment levels for producers subject to referendum approval under RCW 15.100.110; and
(15) To participate in federal and state agency hearings, meetings, and other proceedings relating to the regulation, production, manufacture, distribution, sale, or use of forest products.
Sec. 15. RCW 15.115.180 and 2009 c 33 s 19 are each amended to read as follows:
(1) The restrictive
provisions of chapter ((43.78)) 43.19 RCW do not apply to
promotional printing and literature for the commission.
(2) All promotional printing contracts entered into by the commission must be executed and performed under conditions of employment that substantially conform to the laws of this state respecting hours of labor, the minimum wage scale, and the rules and regulations of the department of labor and industries regarding conditions of employment, hours of labor, and minimum wages, and the violation of such a provision of any contract is grounds for cancellation of the contract.
Sec. 16. RCW 17.15.020 and 1997 c 357 s 3 are each amended to read as follows:
Each of the following state agencies or institutions shall implement integrated pest management practices when carrying out the agency's or institution's duties related to pest control:
(1) The department of agriculture;
(2) The state noxious weed control board;
(3) The department of ecology;
(4) The department of fish and wildlife;
(5) The department of transportation;
(6) The parks and recreation commission;
(7) The department of natural resources;
(8) The department of corrections;
(9) The department
of ((general administration)) enterprise services; and
(10) Each state institution of higher education, for the institution's own building and grounds maintenance.
Sec. 17. RCW 19.27.097 and 2010 c 271 s 302 are each amended to read as follows:
(1) Each applicant for a building permit of a building necessitating potable water shall provide evidence of an adequate water supply for the intended use of the building. Evidence may be in the form of a water right permit from the department of ecology, a letter from an approved water purveyor stating the ability to provide water, or another form sufficient to verify the existence of an adequate water supply. In addition to other authorities, the county or city may impose conditions on building permits requiring connection to an existing public water system where the existing system is willing and able to provide safe and reliable potable water to the applicant with reasonable economy and efficiency. An application for a water right shall not be sufficient proof of an adequate water supply.
(2) Within counties
not required or not choosing to plan pursuant to RCW 36.70A.040, the county and
the state may mutually determine those areas in the county in which the
requirements of subsection (1) of this section shall not apply. The departments
of health and ecology shall coordinate on the implementation of this section.
Should the county and the state fail to mutually determine those areas to be
designated pursuant to this subsection, the county may petition the department
of ((general administration)) enterprise services to mediate or,
if necessary, make the determination.
(3) Buildings that do not need potable water facilities are exempt from the provisions of this section. The department of ecology, after consultation with local governments, may adopt rules to implement this section, which may recognize differences between high-growth and low-growth counties.
Sec. 18. RCW 19.27.150 and 2010 c 271 s 303 are each amended to read as follows:
Every month a copy
of the United States department of commerce, bureau of the census' "report
of building or zoning permits issued and local public construction" or
equivalent report shall be transmitted by the governing bodies of counties and
cities to the department of ((general administration)) enterprise
services.
Sec. 19. RCW 19.27A.020 and 2010 c 271 s 304 are each amended to read as follows:
(1) The state building code council shall adopt rules to be known as the Washington state energy code as part of the state building code.
(2) The council shall follow the legislature's standards set forth in this section to adopt rules to be known as the Washington state energy code. The Washington state energy code shall be designed to:
(a) Construct increasingly energy efficient homes and buildings that help achieve the broader goal of building zero fossil-fuel greenhouse gas emission homes and buildings by the year 2031;
(b) Require new buildings to meet a certain level of energy efficiency, but allow flexibility in building design, construction, and heating equipment efficiencies within that framework; and
(c) Allow space heating equipment efficiency to offset or substitute for building envelope thermal performance.
(3) The Washington state energy code shall take into account regional climatic conditions. Climate zone 1 shall include all counties not included in climate zone 2. Climate zone 2 includes: Adams, Chelan, Douglas, Ferry, Grant, Kittitas, Lincoln, Okanogan, Pend Oreille, Spokane, Stevens, and Whitman counties.
(4) The Washington state energy code for residential buildings shall be the 2006 edition of the Washington state energy code, or as amended by rule by the council.
(5) The minimum state energy code for new nonresidential buildings shall be the Washington state energy code, 2006 edition, or as amended by the council by rule.
(6)(a) Except as provided in (b) of this subsection, the Washington state energy code for residential structures shall preempt the residential energy code of each city, town, and county in the state of Washington.
(b) The state energy code for residential structures does not preempt a city, town, or county's energy code for residential structures which exceeds the requirements of the state energy code and which was adopted by the city, town, or county prior to March 1, 1990. Such cities, towns, or counties may not subsequently amend their energy code for residential structures to exceed the requirements adopted prior to March 1, 1990.
(7) The state
building code council shall consult with the department of ((general
administration)) enterprise services as provided in RCW 34.05.310
prior to publication of proposed rules. The director of the department of ((general
administration)) enterprise services shall recommend to the state
building code council any changes necessary to conform the proposed rules to
the requirements of this section.
(8) The state building code council shall evaluate and consider adoption of the international energy conservation code in Washington state in place of the existing state energy code.
(9) The definitions in RCW 19.27A.140 apply throughout this section.
Sec. 20. RCW 19.27A.190 and 2009 c 423 s 8 are each amended to read as follows:
(1) The
requirements of this section apply to the department of ((general
administration)) enterprise services and other qualifying state
agencies only to the extent that specific appropriations are provided to those
agencies referencing chapter 423, Laws of 2009 or chapter number and this
section.
(2) By July 1, 2010, each qualifying public agency shall:
(a) Create an energy benchmark for each reporting public facility using a portfolio manager;
(b) Report to ((general
administration)) the department of enterprise services, the
environmental protection agency national energy performance rating for each reporting
public facility included in the technical requirements for this rating; and
(c) Link all portfolio manager accounts to the state portfolio manager master account to facilitate public reporting.
(3) By January 1,
2010, ((general administration)) the department of enterprise
services shall establish a state portfolio manager master account. The
account must be designed to provide shared reporting for all reporting public
facilities.
(4) By July 1,
2010, ((general administration)) the department of enterprise
services shall select a standardized portfolio manager report for reporting
public facilities. ((General administration)) The department of
enterprise services, in collaboration with the United States environmental
protection agency, shall make the standard report of each reporting public
facility available to the public through the portfolio manager web site.
(5) ((General
administration)) The department of enterprise services shall prepare
a biennial report summarizing the statewide portfolio manager master account
reporting data. The first report must be completed by December 1, 2012.
Subsequent reporting shall be completed every two years thereafter.
(6) By July 1,
2010, ((general administration)) the department of enterprise
services shall develop a technical assistance program to facilitate the
implementation of a preliminary audit and the investment grade energy audit. ((General
administration)) The department of enterprise services shall design
the technical assistance program to utilize audit services provided by
utilities or energy services contracting companies when possible.
(7) For a reporting public facility that is leased by the state with a national energy performance rating score below seventy-five, a qualifying public agency may not enter into a new lease or lease renewal on or after January 1, 2010, unless:
(a) A preliminary audit has been conducted within the last two years; and
(b) The owner or lessor agrees to perform an investment grade audit and implement any cost-effective energy conservation measures within the first two years of the lease agreement if the preliminary audit has identified potential cost-effective energy conservation measures.
(8)(a) Except as
provided in (b) of this subsection, for each reporting public facility with a
national energy performance rating score below fifty, the qualifying public
agency, in consultation with ((general administration)) the
department of enterprise services, shall undertake a preliminary energy
audit by July 1, 2011. If potential cost-effective energy savings are
identified, an investment grade energy audit must be completed by July 1, 2013.
Implementation of cost-effective energy conservation measures are required by
July 1, 2016. For a major facility that is leased by a state agency, college,
or university, energy audits and implementation of cost-effective energy
conservation measures are required only for that portion of the facility that
is leased by the state agency, college, or university.
(b) A reporting public facility that is leased by the state is deemed in compliance with (a) of this subsection if the qualifying public agency has already complied with the requirements of subsection (7) of this section.
(9) Schools are strongly encouraged to follow the provisions in subsections (2) through (8) of this section.
(10) The director
of the department of ((general administration)) enterprise services,
in consultation with the affected state agencies and the office of financial
management, shall review the cost and delivery of agency programs to determine
the viability of relocation when a facility leased by the state has a national
energy performance rating score below fifty. The department of ((general
administration)) enterprise services shall establish a process to
determine viability.
(11) ((General
administration)) The department of enterprise services, in
consultation with the office of financial management, shall develop a waiver
process for the requirements in subsection (7) of this section. The director of
the office of financial management, in consultation with ((general
administration)) the department of enterprise services, may waive
the requirements in subsection (7) of this section if the director determines
that compliance is not cost-effective or feasible. The director of the office
of financial management shall consider the review conducted by the department
of ((general administration)) enterprise services on the
viability of relocation as established in subsection (10) of this section, if
applicable, prior to waiving the requirements in subsection (7) of this
section.
(12) By July 1,
2011, ((general administration)) the department of enterprise
services shall conduct a review of facilities not covered by the national
energy performance rating. Based on this review, ((general administration))
the department of enterprise services shall develop a portfolio of
additional facilities that require preliminary energy audits. For these
facilities, the qualifying public agency, in consultation with ((general
administration)) the department of enterprise services, shall
undertake a preliminary energy audit by July 1, 2012. If potential
cost-effective energy savings are identified, an investment grade energy audit
must be completed by July 1, 2013.
Sec. 21. RCW 19.34.100 and 1999 c 287 s 5 are each amended to read as follows:
(1) To obtain or retain a license, a certification authority must:
(a) Provide proof of identity to the secretary;
(b) Employ only certified operative personnel in appropriate positions;
(c) File with the
secretary an appropriate, suitable guaranty, unless the certification authority
is a city or county that is self-insured or the department of ((information
services)) enterprise services;
(d) Use a trustworthy system;
(e) Maintain an office in this state or have established a registered agent for service of process in this state; and
(f) Comply with all further licensing and practice requirements established by rule by the secretary.
(2) The secretary may by rule create license classifications according to specified limitations, and the secretary may issue licenses restricted according to the limits of each classification.
(3) The secretary may impose license restrictions specific to the practices of an individual certification authority. The secretary shall set forth in writing and maintain as part of the certification authority's license application file the basis for such license restrictions.
(4) The secretary may revoke or suspend a certification authority's license, in accordance with the administrative procedure act, chapter 34.05 RCW, for failure to comply with this chapter or for failure to remain qualified under subsection (1) of this section. The secretary may order the summary suspension of a license pending proceedings for revocation or other action, which must be promptly instituted and determined, if the secretary includes within a written order a finding that the certification authority has either:
(a) Utilized its license in the commission of a violation of a state or federal criminal statute or of chapter 19.86 RCW; or
(b) Engaged in conduct giving rise to a serious risk of loss to public or private parties if the license is not immediately suspended.
(5) The secretary may recognize by rule the licensing or authorization of certification authorities by other governmental entities, in whole or in part, provided that those licensing or authorization requirements are substantially similar to those of this state. If licensing by another government is so recognized:
(a) RCW 19.34.300 through 19.34.350 apply to certificates issued by the certification authorities licensed or authorized by that government in the same manner as it applies to licensed certification authorities of this state; and
(b) The liability limits of RCW 19.34.280 apply to the certification authorities licensed or authorized by that government in the same manner as they apply to licensed certification authorities of this state.
(6) A certification authority that has not obtained a license is not subject to the provisions of this chapter, except as specifically provided.
Sec. 22. RCW 19.285.060 and 2007 c 1 s 6 are each amended to read as follows:
(1) Except as provided in subsection (2) of this section, a qualifying utility that fails to comply with the energy conservation or renewable energy targets established in RCW 19.285.040 shall pay an administrative penalty to the state of Washington in the amount of fifty dollars for each megawatt-hour of shortfall. Beginning in 2007, this penalty shall be adjusted annually according to the rate of change of the inflation indicator, gross domestic product-implicit price deflator, as published by the bureau of economic analysis of the United States department of commerce or its successor.
(2) A qualifying utility that does not meet an annual renewable energy target established in RCW 19.285.040(2) is exempt from the administrative penalty in subsection (1) of this section for that year if the commission for investor-owned utilities or the auditor for all other qualifying utilities determines that the utility complied with RCW 19.285.040(2) (d) or (i) or 19.285.050(1).
(3) A qualifying utility must notify its retail electric customers in published form within three months of incurring a penalty regarding the size of the penalty and the reason it was incurred.
(4) The commission shall determine if an investor-owned utility may recover the cost of this administrative penalty in electric rates, and may consider providing positive incentives for an investor-owned utility to exceed the targets established in RCW 19.285.040.
(5) Administrative
penalties collected under this chapter shall be deposited into the energy
independence act special account which is hereby created. All receipts from
administrative penalties collected under this chapter must be deposited into
the account. Expenditures from the account may be used only for the purchase of
renewable energy credits or for energy conservation projects at public
facilities, local government facilities, community colleges, or state
universities. The state shall own and retire any renewable energy credits
purchased using moneys from the account. Only the director of ((general
administration)) enterprise services or the director's designee may
authorize expenditures from the account. The account is subject to allotment
procedures under chapter 43.88 RCW, but an appropriation is not required for
expenditures.
(6) For a qualifying utility that is an investor-owned utility, the commission shall determine compliance with the provisions of this chapter and assess penalties for noncompliance as provided in subsection (1) of this section.
(7) For qualifying utilities that are not investor-owned utilities, the auditor is responsible for auditing compliance with this chapter and rules adopted under this chapter that apply to those utilities and the attorney general is responsible for enforcing that compliance.
Sec. 23. RCW 27.34.075 and 1994 c 82 s 2 are each amended to read as follows:
The provisions of
chapter ((43.78)) 43.19 RCW shall not apply to the printing of
educational publications of the state historical societies.
Sec. 24. RCW 27.34.410 and 2007 c 333 s 4 are each amended to read as follows:
(1) The heritage barn preservation fund is created as an account in the state treasury. All receipts from appropriations and private sources must be deposited into the account. Moneys in the account may be spent only after appropriation. Expenditures from the account may be used only to provide assistance to owners of heritage barns in Washington state in the stabilization and restoration of their barns so that these historic properties may continue to serve the community.
(2) The department
shall minimize the amount of funds that are used for program administration,
which shall include consultation with the department of ((general
administration's)) enterprise services' barrier-free facilities
program for input regarding accessibility for people with disabilities where
public access to historic barns is permitted.
(3) The primary public benefit of funding through the heritage barn preservation program is the preservation and enhancement of significant historic properties that provide economic benefit to the state's citizens and enrich communities throughout the state.
Sec. 25. RCW 27.48.040 and 1999 c 343 s 2 are each amended to read as follows:
(1) Unless the context clearly requires otherwise, the definitions in this section apply throughout this section.
(a) "State capitol group" includes the legislative building, the insurance building, the Cherberg building, the John L. O'Brien building, the Newhouse building, and the temple of justice building.
(b) "Historic furnishings" means furniture, fixtures, and artwork fifty years of age or older.
(2) The capitol furnishings preservation committee is established to promote and encourage the recovery and preservation of the original and historic furnishings of the state capitol group, prevent future loss of historic furnishings, and review and advise future remodeling and restoration projects as they pertain to historic furnishings. The committee's authority does not extend to the placement of any historic furnishings within the state capitol group.
(3) The capitol furnishings preservation committee account is created in the custody of the state treasurer. All receipts designated for the account from appropriations and from other sources must be deposited into the account. Expenditures from the account may be used only to finance the activities of the capitol furnishings preservation committee. Only the director of the Washington state historical society or the director's designee may authorize expenditures from the account when authorized to do so by the committee. The account is subject to allotment procedures under chapter 43.88 RCW, but an appropriation is not required for expenditures.
(4) The committee may:
(a) Authorize the director of the Washington state historical society or the director's designee to expend funds from the capitol furnishings preservation committee account for limited purposes of purchasing and preserving historic furnishings of the state capitol group;
(b) Accept monetary donations, grants, and donations of historic furnishings from, but not limited to, (i) current and former legislators, state officials, and lobbyists; (ii) the families of former legislators, state officials, and lobbyists; and (iii) the general public. Moneys received under this section must be deposited in the capitol furnishings preservation committee account; and
(c) Engage in or encourage fund-raising activities including the solicitation of charitable gifts, grants, or donations specifically for the limited purpose of the recovery of the original and historic furnishings.
(5) The membership
of the committee shall include: Two members of the house of representatives,
one from each major caucus, appointed by the speaker of the house of
representatives; two members of the senate, one from each major caucus,
appointed by the president of the senate; the chief clerk of the house of
representatives; the secretary of the senate; the governor or the governor's
designee; the lieutenant governor or the lieutenant governor's designee; a
representative from the office of the secretary of state, the office of the
state treasurer, the office of the state auditor, and the office of the
insurance commissioner; a representative from the supreme court; a
representative from the Washington state historical society, the department of
((general administration)) enterprise services, and the Thurston
county planning council, each appointed by the governor; and three private
citizens, appointed by the governor.
(6) Original or historic furnishings from the state capitol group are not surplus property under chapter 43.19 RCW or other authority unless designated as such by the committee.
Sec. 26. RCW 28A.150.530 and 2006 c 263 s 326 are each amended to read as follows:
(1) In adopting
implementation rules, the superintendent of public instruction, in consultation
with the department of ((general administration)) enterprise services,
shall review and modify the current requirement for an energy conservation
report review by the department of ((general administration as provided in
WAC 180-27-075)) enterprise services.
(2) In adopting implementation rules, the superintendent of public instruction shall:
(a) Review and
modify the current requirements for value engineering, constructibility review,
and building commissioning ((as provided in WAC 180-27-080));
(b) Review private and public utility providers' capacity and financial/technical assistance programs for affected public school districts to monitor and report utility consumption for purposes of reporting to the superintendent of public instruction as provided in RCW 39.35D.040;
(c) Coordinate with
the department of ((general administration)) enterprise services,
the state board of health, the department of ecology, federal agencies, and
other affected agencies as appropriate in their consideration of rules to
implement this section.
Sec. 27. RCW 28A.335.300 and 1991 c 297 s 18 are each amended to read as follows:
Every school board
of directors shall consider the purchase of playground matting manufactured
from shredded waste tires in undertaking construction or maintenance of
playgrounds. The department of ((general administration)) enterprise
services shall upon request assist in the development of product
specifications and vendor identification.
Sec. 28. RCW 28B.10.417 and 2011 1st sp.s. c 47 s 6 are each amended to read as follows:
(1) This section applies only to those persons who are first employed by a higher education institution in a position eligible for participation in an annuity or retirement program under RCW 28B.10.400 prior to July 1, 2011.
(2) A faculty
member or other employee exempt from civil service pursuant to RCW 41.06.070
(1)(((cc))) (z) and (2) designated by the board of trustees of
the applicable regional university or of The Evergreen State College as being
subject to an annuity or retirement income plan and who, at the time of such
designation, is a member of the Washington state teachers' retirement system,
shall retain credit for such service in the Washington state teachers'
retirement system and, except as provided in subsection (3) of this section,
shall leave his or her accumulated contributions in the teachers' retirement
fund. Upon his or her attaining eligibility for retirement under the Washington
state teachers' retirement system, such faculty member or other employee shall
receive from the Washington state teachers' retirement system a retirement
allowance consisting of an annuity which shall be the actuarial equivalent of
his or her accumulated contributions at his or her age when becoming eligible
for such retirement and a pension for each year of creditable service
established and retained at the time of said designation as provided in RCW
41.32.497. Anyone who on July 1, 1967, was receiving pension payments from the
teachers' retirement system based on thirty-five years of creditable service
shall thereafter receive a pension based on the total years of creditable
service established with the retirement system: PROVIDED, HOWEVER, That any
such faculty member or other employee exempt from civil service pursuant to RCW
41.06.070 (1)(((cc))) (z) and (2) who, upon attainment of
eligibility for retirement under the Washington state teachers' retirement
system, is still engaged in public educational employment, shall not be
eligible to receive benefits under the Washington state teachers' retirement
system until he or she ceases such public educational employment. Any retired
faculty member or other employee who enters service in any public educational
institution shall cease to receive pension payments while engaged in such
service: PROVIDED FURTHER, That such service may be rendered up to seventy-five
days in a school year without reduction of pension.
(3) A faculty member or other exempt employee designated by the board of trustees of the applicable regional university or of The Evergreen State College as being subject to the annuity and retirement income plan and who, at the time of such designation, is a member of the Washington state teachers' retirement system may, at his or her election and at any time, on and after midnight June 10, 1959, terminate his or her membership in the Washington state teachers' retirement system and withdraw his or her accumulated contributions and interest in the teachers' retirement fund upon written application to the board of trustees of the Washington state teachers' retirement system. Faculty members or other employees who withdraw their accumulated contributions, on and after the date of withdrawal of contributions, shall no longer be members of the Washington state teachers' retirement system and shall forfeit all rights of membership, including pension benefits, theretofore acquired under the Washington state teachers' retirement system.
Sec. 29. RCW 35.21.779 and 1995 c 399 s 39 are each amended to read as follows:
(1) In cities or towns where the estimated value of state-owned facilities constitutes ten percent or more of the total assessed valuation, the state agency or institution owning the facilities shall contract with the city or town to pay an equitable share for fire protection services. The contract shall be negotiated as provided in subsections (2) through (6) of this section and shall provide for payment by the agency or institution to the city or town.
(2) A city or town
seeking to enter into fire protection contract negotiations shall provide
written notification to the department of ((community, trade, and economic
development)) commerce and the state agencies or institutions that
own property within the jurisdiction, of its intent to contract for fire
protection services. Where there are multiple state agencies located within a
single jurisdiction, a city may choose to notify only the department of ((community,
trade, and economic development)) commerce, which in turn shall
notify the agencies or institution that own property within the jurisdiction of
the city's intent to contract for fire protection services. Any such
notification shall be based on the valuation procedures, based on commonly
accepted standards, adopted by the department of ((community, trade, and
economic development)) commerce in consultation with the department
of ((general administration)) enterprise services and the
association of Washington cities.
(3) The department
of ((community, trade, and economic development)) commerce shall
review any such notification to ensure that the valuation procedures and
results are accurate. The department will notify each affected city or town and
state agency or institution of the results of their review within thirty days
of receipt of notification.
(4) The parties negotiating fire protection contracts under this section shall conduct those negotiations in good faith. Whenever there are multiple state agencies located within a single jurisdiction, every effort shall be made by the state to consolidate negotiations on behalf of all affected agencies.
(5) In the event of
notification by one of the parties that an agreement cannot be reached on the
terms and conditions of a fire protection contract, the director of the
department of ((community, trade, and economic development)) commerce
shall mediate a resolution of the disagreement. In the event of a continued
impasse, the director of the department of ((community, trade, and economic
development)) commerce shall recommend a resolution.
(6) If the parties
reject the recommendation of the director and an impasse continues, the
director shall direct the parties to arbitration. The parties shall agree on a
neutral arbitrator, and the fees and expenses of the arbitrator shall be shared
equally between the parties. The arbitration shall be a final offer, total
arbitration, with the arbitrator empowered only to pick the final offer of one
of the parties or the recommended resolution by the director of the department
of ((community, trade, and economic development)) commerce. The
decision of the arbitrator shall be final, binding, and nonappealable on the
parties.
(7) The provisions of this section shall not apply if a city or town and a state agency or institution have contracted pursuant to RCW 35.21.775.
(8) The provisions of this section do not apply to cities and towns not meeting the conditions in subsection (1) of this section. Cities and towns not meeting the conditions of subsection (1) of this section may enter into contracts pursuant to RCW 35.21.775.
Sec. 30. RCW 35.68.076 and 1989 c 175 s 84 are each amended to read as follows:
The department of
((general administration)) enterprise services shall, pursuant to
chapter 34.05 RCW, the Administrative Procedure Act, adopt several suggested
model design, construction, or location standards to aid counties, cities, and
towns in constructing curb ramps to allow reasonable access to the crosswalk
for ((physically handicapped)) persons with physical disabilities
without uniquely endangering blind persons. The department of ((general
administration)) enterprise services shall consult with ((handicapped))
persons with physical disabilities, blind persons, counties, cities, and
the state building code council in adopting the suggested standards.
Sec. 31. RCW 35A.65.010 and 1967 ex.s. c 119 s 35A.65.010 are each amended to read as follows:
All printing,
binding and stationery work done for any code city shall be done within the
state and all proposals, requests and invitations to submit bids, prices or
contracts thereon and all contracts for such work shall so stipulate subject to
the limitations contained in RCW ((43.78.130)) 43.19.748 and
35.23.352.
Sec. 32. RCW 36.28A.070 and 2003 c 102 s 3 are each amended to read as follows:
(1) The Washington
association of sheriffs and police chiefs in consultation with the Washington
state emergency management office, the Washington association of county
officials, the Washington association of cities, the ((information services
board)) office of the chief information officer, the Washington
state fire chiefs' association, and the Washington state patrol shall convene a
committee to establish guidelines related to the statewide first responder
building mapping information system. The committee shall have the following
responsibilities:
(a) Develop the type of information to be included in the statewide first responder building mapping information system. The information shall include, but is not limited to: Floor plans, fire protection information, evacuation plans, utility information, known hazards, and text and digital images showing emergency personnel contact information;
(b) Develop building mapping software standards that must be utilized by all entities participating in the statewide first responder building mapping information system;
(c) Determine the order in which buildings shall be mapped when funding is received;
(d) Develop guidelines on how the information shall be made available. These guidelines shall include detailed procedures and security systems to ensure that the information is only made available to the government entity that either owns the building or is responding to an incident at the building;
(e) Recommend training guidelines regarding using the statewide first responder building mapping information system to the criminal justice training commission and the Washington state patrol fire protection bureau.
(2)(a) Nothing in
this section supersedes the authority of the ((information services board))
office of the chief information officer under chapter ((43.105)) 43.41A
RCW.
(b) Nothing in this section supersedes the authority of state agencies and local governments to control and maintain access to information within their independent systems.
Sec. 33. RCW 39.04.155 and 2009 c 74 s 1 are each amended to read as follows:
(1) This section provides uniform small works roster provisions to award contracts for construction, building, renovation, remodeling, alteration, repair, or improvement of real property that may be used by state agencies and by any local government that is expressly authorized to use these provisions. These provisions may be used in lieu of other procedures to award contracts for such work with an estimated cost of three hundred thousand dollars or less. The small works roster process includes the limited public works process authorized under subsection (3) of this section and any local government authorized to award contracts using the small works roster process under this section may award contracts using the limited public works process under subsection (3) of this section.
(2)(a) A state agency or authorized local government may create a single general small works roster, or may create a small works roster for different specialties or categories of anticipated work. Where applicable, small works rosters may make distinctions between contractors based upon different geographic areas served by the contractor. The small works roster or rosters shall consist of all responsible contractors who have requested to be on the list, and where required by law are properly licensed or registered to perform such work in this state. A state agency or local government establishing a small works roster or rosters may require eligible contractors desiring to be placed on a roster or rosters to keep current records of any applicable licenses, certifications, registrations, bonding, insurance, or other appropriate matters on file with the state agency or local government as a condition of being placed on a roster or rosters. At least once a year, the state agency or local government shall publish in a newspaper of general circulation within the jurisdiction a notice of the existence of the roster or rosters and solicit the names of contractors for such roster or rosters. In addition, responsible contractors shall be added to an appropriate roster or rosters at any time they submit a written request and necessary records. Master contracts may be required to be signed that become effective when a specific award is made using a small works roster.
(b) A state agency
establishing a small works roster or rosters shall adopt rules implementing
this subsection. A local government establishing a small works roster or
rosters shall adopt an ordinance or resolution implementing this subsection.
Procedures included in rules adopted by the department of ((general
administration)) enterprise services in implementing this subsection
must be included in any rules providing for a small works roster or rosters
that is adopted by another state agency, if the authority for that state agency
to engage in these activities has been delegated to it by the department of ((general
administration)) enterprise services under chapter 43.19 RCW. An
interlocal contract or agreement between two or more state agencies or local
governments establishing a small works roster or rosters to be used by the
parties to the agreement or contract must clearly identify the lead entity that
is responsible for implementing the provisions of this subsection.
(c) Procedures shall be established for securing telephone, written, or electronic quotations from contractors on the appropriate small works roster to assure that a competitive price is established and to award contracts to the lowest responsible bidder, as defined in RCW 39.04.010. Invitations for quotations shall include an estimate of the scope and nature of the work to be performed as well as materials and equipment to be furnished. However, detailed plans and specifications need not be included in the invitation. This subsection does not eliminate other requirements for architectural or engineering approvals as to quality and compliance with building codes. Quotations may be invited from all appropriate contractors on the appropriate small works roster. As an alternative, quotations may be invited from at least five contractors on the appropriate small works roster who have indicated the capability of performing the kind of work being contracted, in a manner that will equitably distribute the opportunity among the contractors on the appropriate roster. However, if the estimated cost of the work is from one hundred fifty thousand dollars to three hundred thousand dollars, a state agency or local government that chooses to solicit bids from less than all the appropriate contractors on the appropriate small works roster must also notify the remaining contractors on the appropriate small works roster that quotations on the work are being sought. The government has the sole option of determining whether this notice to the remaining contractors is made by: (i) Publishing notice in a legal newspaper in general circulation in the area where the work is to be done; (ii) mailing a notice to these contractors; or (iii) sending a notice to these contractors by facsimile or other electronic means. For purposes of this subsection (2)(c), "equitably distribute" means that a state agency or local government soliciting bids may not favor certain contractors on the appropriate small works roster over other contractors on the appropriate small works roster who perform similar services.
(d) A contract awarded from a small works roster under this section need not be advertised.
(e) Immediately after an award is made, the bid quotations obtained shall be recorded, open to public inspection, and available by telephone inquiry.
(3) In lieu of awarding contracts under subsection (2) of this section, a state agency or authorized local government may award a contract for work, construction, alteration, repair, or improvement projects estimated to cost less than thirty-five thousand dollars using the limited public works process provided under this subsection. Public works projects awarded under this subsection are exempt from the other requirements of the small works roster process provided under subsection (2) of this section and are exempt from the requirement that contracts be awarded after advertisement as provided under RCW 39.04.010.
For limited public works projects, a state agency or authorized local government shall solicit electronic or written quotations from a minimum of three contractors from the appropriate small works roster and shall award the contract to the lowest responsible bidder as defined under RCW 39.04.010. After an award is made, the quotations shall be open to public inspection and available by electronic request. A state agency or authorized local government shall attempt to distribute opportunities for limited public works projects equitably among contractors willing to perform in the geographic area of the work. A state agency or authorized local government shall maintain a list of the contractors contacted and the contracts awarded during the previous twenty-four months under the limited public works process, including the name of the contractor, the contractor's registration number, the amount of the contract, a brief description of the type of work performed, and the date the contract was awarded. For limited public works projects, a state agency or authorized local government may waive the payment and performance bond requirements of chapter 39.08 RCW and the retainage requirements of chapter 60.28 RCW, thereby assuming the liability for the contractor's nonpayment of laborers, mechanics, subcontractors, materialpersons, suppliers, and taxes imposed under Title 82 RCW that may be due from the contractor for the limited public works project, however the state agency or authorized local government shall have the right of recovery against the contractor for any payments made on the contractor's behalf.
(4) The breaking of any project into units or accomplishing any projects by phases is prohibited if it is done for the purpose of avoiding the maximum dollar amount of a contract that may be let using the small works roster process or limited public works process.
(5)(a) A state agency or authorized local government may use the limited public works process of subsection (3) of this section to solicit and award small works roster contracts to small businesses that are registered contractors with gross revenues under one million dollars annually as reported on their federal tax return.
(b) A state agency or authorized local government may adopt additional procedures to encourage small businesses that are registered contractors with gross revenues under two hundred fifty thousand dollars annually as reported on their federal tax returns to submit quotations or bids on small works roster contracts.
(6) As used in this
section, "state agency" means the department of ((general
administration)) enterprise services, the state parks and recreation
commission, the department of natural resources, the department of fish and
wildlife, the department of transportation, any institution of higher education
as defined under RCW 28B.10.016, and any other state agency delegated authority
by the department of ((general administration)) enterprise services
to engage in construction, building, renovation, remodeling, alteration,
improvement, or repair activities.
Sec. 34. RCW 39.04.220 and 1996 c 18 s 5 are each amended to read as follows:
(1) In addition to
currently authorized methods of public works contracting, and in lieu of the
requirements of RCW 39.04.010 and 39.04.020 through 39.04.060, capital projects
funded for over ten million dollars authorized by the legislature for the
department of corrections to construct or repair facilities may be accomplished
under contract using the general contractor/construction manager method
described in this section. In addition, the general contractor/construction
manager method may be used for up to two demonstration projects under ten
million dollars for the department of corrections. Each demonstration project
shall aggregate capital projects authorized by the legislature at a single site
to total no less than three million dollars with the approval of the office of
financial management. The department of ((general administration)) enterprise
services shall present its plan for the aggregation of projects under each
demonstration project to the oversight advisory committee established under
subsection (2) of this section prior to soliciting proposals for general
contractor/construction manager services for the demonstration project.
(2) For the
purposes of this section, "general contractor/construction manager"
means a firm with which the department of ((general administration)) enterprise
services has selected and negotiated a maximum allowable construction cost
to be guaranteed by the firm, after competitive selection through a formal
advertisement, and competitive bids to provide services during the design phase
that may include life-cycle cost design considerations, value engineering,
scheduling, cost estimating, constructability, alternative construction options
for cost savings, and sequencing of work, and to act as the construction
manager and general contractor during the construction phase. The department of
((general administration)) enterprise services shall establish an
independent oversight advisory committee with representatives of interest
groups with an interest in this subject area, the department of corrections,
and the private sector, to review selection and contracting procedures and
contracting documents. The oversight advisory committee shall discuss and
review the progress of the demonstration projects. The general
contractor/construction manager method is limited to projects authorized on or
before July 1, 1997.
(3) Contracts for
the services of a general contractor/construction manager awarded under the
authority of this section shall be awarded through a competitive process
requiring the public solicitation of proposals for general
contractor/construction manager services. Minority and women enterprise total
project goals shall be specified in the bid instructions to the general
contractor/construction manager finalists. The director of ((general
administration)) enterprise services is authorized to include an
incentive clause in any contract awarded under this section for savings of
either time or cost or both from that originally negotiated. No incentives
granted shall exceed five percent of the maximum allowable construction cost.
The director of ((general administration)) enterprise services or
his or her designee shall establish a committee to evaluate the proposals
considering such factors as: Ability of professional personnel; past
performance in negotiated and complex projects; ability to meet time and budget
requirements; location; recent, current, and projected workloads of the firm;
and the concept of their proposal. After the committee has selected the most
qualified finalists, these finalists shall submit sealed bids for the percent
fee, which is the percentage amount to be earned by the general
contractor/construction manager as overhead and profit, on the estimated
maximum allowable construction cost and the fixed amount for the detailed
specified general conditions work. The maximum allowable construction cost may
be negotiated between the department of ((general administration)) enterprise
services and the selected firm after the scope of the project is adequately
determined to establish a guaranteed contract cost for which the general
contractor/construction manager will provide a performance and payment bond.
The guaranteed contract cost includes the fixed amount for the detailed
specified general conditions work, the negotiated maximum allowable
construction cost, the percent fee on the negotiated maximum allowable
construction cost, and sales tax. If the department of ((general
administration)) enterprise services is unable to negotiate a
satisfactory maximum allowable construction cost with the firm selected that
the department of ((general administration)) enterprise services
determines to be fair, reasonable, and within the available funds, negotiations
with that firm shall be formally terminated and the department of ((general
administration)) enterprise services shall negotiate with the next
low bidder and continue until an agreement is reached or the process is
terminated. If the maximum allowable construction cost varies more than fifteen
percent from the bid estimated maximum allowable construction cost due to requested
and approved changes in the scope by the state, the percent fee shall be
renegotiated. All subcontract work shall be competitively bid with public bid
openings. Specific contract requirements for women and minority enterprise
participation shall be specified in each subcontract bid package that exceeds
ten percent of the department's estimated project cost. All subcontractors who
bid work over two hundred thousand dollars shall post a bid bond and the
awarded subcontractor shall provide a performance and payment bond for their
contract amount if required by the general contractor/construction manager. A
low bidder who claims error and fails to enter into a contract is prohibited
from bidding on the same project if a second or subsequent call for bids is
made for the project. Bidding on subcontract work by the general
contractor/construction manager or its subsidiaries is prohibited. The general
contractor/construction manager may negotiate with the low-responsive bidder
only in accordance with RCW 39.04.015 or, if unsuccessful in such negotiations,
rebid.
(4) If the project is completed for less than the agreed upon maximum allowable construction cost, any savings not otherwise negotiated as part of an incentive clause shall accrue to the state. If the project is completed for more than the agreed upon maximum allowable construction cost, excepting increases due to any contract change orders approved by the state, the additional cost shall be the responsibility of the general contractor/construction manager.
(5) The powers and
authority conferred by this section shall be construed as in addition and
supplemental to powers or authority conferred by any other law, and nothing
contained in this section may be construed as limiting any other powers or
authority of the department of ((general administration)) enterprise
services. However, all actions taken pursuant to the powers and authority
granted to the director or the department of ((general administration)) enterprise
services under this section may only be taken with the concurrence of the
department of corrections.
Sec. 35. RCW 39.04.290 and 2001 c 34 s 1 are each amended to read as follows:
(1) A state agency or local government may award contracts of any value for the design, fabrication, and installation of building engineering systems by: (a) Using a competitive bidding process or request for proposals process where bidders are required to provide final specifications and a bid price for the design, fabrication, and installation of building engineering systems, with the final specifications being approved by an appropriate design, engineering, and/or public regulatory body; or (b) using a competitive bidding process where bidders are required to provide final specifications for the final design, fabrication, and installation of building engineering systems as part of a larger project with the final specifications for the building engineering systems portion of the project being approved by an appropriate design, engineering, and/or public regulatory body. The provisions of chapter 39.80 RCW do not apply to the design of building engineering systems that are included as part of a contract described under this section.
(2) The definitions in this subsection apply throughout this section unless the context clearly requires otherwise.
(a) "Building engineering systems" means those systems where contracts for the systems customarily have been awarded with a requirement that the contractor provide final approved specifications, including fire alarm systems, building sprinkler systems, pneumatic tube systems, extensions of heating, ventilation, or air conditioning control systems, chlorination and chemical feed systems, emergency generator systems, building signage systems, pile foundations, and curtain wall systems.
(b) "Local government" means any county, city, town, school district, or other special district, municipal corporation, or quasi-municipal corporation.
(c) "State
agency" means the department of ((general administration)) enterprise
services, the state parks and recreation commission, the department of fish
and wildlife, the department of natural resources, any institution of higher
education as defined under RCW 28B.10.016, and any other state agency delegated
authority by the department of ((general administration)) enterprise
services to engage in building, renovation, remodeling, alteration,
improvement, or repair activities.
Sec. 36. RCW 39.04.320 and 2009 c 197 s 1 are each amended to read as follows:
(1)(a) Except as provided in (b) through (d) of this subsection, from January 1, 2005, and thereafter, for all public works estimated to cost one million dollars or more, all specifications shall require that no less than fifteen percent of the labor hours be performed by apprentices.
(b)(i) This section does not apply to contracts advertised for bid before July 1, 2007, for any public works by the department of transportation.
(ii) For contracts advertised for bid on or after July 1, 2007, and before July 1, 2008, for all public works by the department of transportation estimated to cost five million dollars or more, all specifications shall require that no less than ten percent of the labor hours be performed by apprentices.
(iii) For contracts advertised for bid on or after July 1, 2008, and before July 1, 2009, for all public works by the department of transportation estimated to cost three million dollars or more, all specifications shall require that no less than twelve percent of the labor hours be performed by apprentices.
(iv) For contracts advertised for bid on or after July 1, 2009, for all public works by the department of transportation estimated to cost two million dollars or more, all specifications shall require that no less than fifteen percent of the labor hours be performed by apprentices.
(c)(i) This section does not apply to contracts advertised for bid before January 1, 2008, for any public works by a school district, or to any project funded in whole or in part by bond issues approved before July 1, 2007.
(ii) For contracts advertised for bid on or after January 1, 2008, for all public works by a school district estimated to cost three million dollars or more, all specifications shall require that no less than ten percent of the labor hours be performed by apprentices.
(iii) For contracts advertised for bid on or after January 1, 2009, for all public works by a school district estimated to cost two million dollars or more, all specifications shall require that no less than twelve percent of the labor hours be performed by apprentices.
(iv) For contracts advertised for bid on or after January 1, 2010, for all public works by a school district estimated to cost one million dollars or more, all specifications shall require that no less than fifteen percent of the labor hours be performed by apprentices.
(d)(i) For contracts advertised for bid on or after January 1, 2010, for all public works by a four-year institution of higher education estimated to cost three million dollars or more, all specifications must require that no less than ten percent of the labor hours be performed by apprentices.
(ii) For contracts advertised for bid on or after January 1, 2011, for all public works by a four-year institution of higher education estimated to cost two million dollars or more, all specifications must require that no less than twelve percent of the labor hours be performed by apprentices.
(iii) For contracts advertised for bid on or after January 1, 2012, for all public works by a four-year institution of higher education estimated to cost one million dollars or more, all specifications must require that no less than fifteen percent of the labor hours be performed by apprentices.
(2) Awarding entities may adjust the requirements of this section for a specific project for the following reasons:
(a) The demonstrated lack of availability of apprentices in specific geographic areas;
(b) A disproportionately high ratio of material costs to labor hours, which does not make feasible the required minimum levels of apprentice participation;
(c) Participating contractors have demonstrated a good faith effort to comply with the requirements of RCW 39.04.300 and 39.04.310 and this section; or
(d) Other criteria the awarding entity deems appropriate, which are subject to review by the office of the governor.
(3) The secretary of the department of transportation shall adjust the requirements of this section for a specific project for the following reasons:
(a) The demonstrated lack of availability of apprentices in specific geographic areas; or
(b) A disproportionately high ratio of material costs to labor hours, which does not make feasible the required minimum levels of apprentice participation.
(4) This section applies to public works contracts awarded by the state, to public works contracts awarded by school districts, and to public works contracts awarded by state four-year institutions of higher education. However, this section does not apply to contracts awarded by state agencies headed by a separately elected public official.
(5)(a) The
department of ((general administration)) enterprise services must
provide information and technical assistance to affected agencies and collect
the following data from affected agencies for each project covered by this
section:
(i) The name of each apprentice and apprentice registration number;
(ii) The name of each project;
(iii) The dollar value of each project;
(iv) The date of the contractor's notice to proceed;
(v) The number of apprentices and labor hours worked by them, categorized by trade or craft;
(vi) The number of journey level workers and labor hours worked by them, categorized by trade or craft; and
(vii) The number, type, and rationale for the exceptions granted under subsection (2) of this section.
(b) The department
of labor and industries shall assist the department of ((general
administration)) enterprise services in providing information and
technical assistance.
(6) The secretary of transportation shall establish an apprenticeship utilization advisory committee, which shall include statewide geographic representation and consist of equal numbers of representatives of contractors and labor. The committee must include at least one member representing contractor businesses with less than thirty-five employees. The advisory committee shall meet regularly with the secretary of transportation to discuss implementation of this section by the department of transportation, including development of the process to be used to adjust the requirements of this section for a specific project. The committee shall provide a report to the legislature by January 1, 2008, on the effects of the apprentice labor requirement on transportation projects and on the availability of apprentice labor and programs statewide.
(7) At the request
of the senate labor, commerce, research and development committee, the house of
representatives commerce and labor committee, or their successor committees,
and the governor, the department of ((general administration)) enterprise
services and the department of labor and industries shall compile and
summarize the agency data and provide a joint report to both committees. The
report shall include recommendations on modifications or improvements to the
apprentice utilization program and information on skill shortages in each trade
or craft.
Sec. 37. RCW 39.04.330 and 2005 c 12 s 11 are each amended to read as follows:
For purposes of
determining compliance with chapter 39.35D RCW, the department of ((general
administration)) enterprise services shall credit the project for
using wood products with a credible third party sustainable forest
certification or from forests regulated under chapter 76.09 RCW, the Washington
forest practices act.
Sec. 38. RCW 39.04.370 and 2010 c 276 s 1 are each amended to read as follows:
(1) For any public work estimated to cost over one million dollars, the contract must contain a provision requiring the submission of certain information about off-site, prefabricated, nonstandard, project specific items produced under the terms of the contract and produced outside Washington. The information must be submitted to the department of labor and industries under subsection (2) of this section. The information that must be provided is:
(a) The estimated cost of the public works project;
(b) The name of the awarding agency and the title of the public works project;
(c) The contract value of the off-site, prefabricated, nonstandard, project specific items produced outside Washington, including labor and materials; and
(d) The name, address, and federal employer identification number of the contractor that produced the off-site, prefabricated, nonstandard, project specific items.
(2)(a) The required information under this section must be submitted by the contractor or subcontractor as a part of the affidavit of wages paid form filed with the department of labor and industries under RCW 39.12.040. This information is only required to be submitted by the contractor or subcontractor who directly contracted for the off-site, prefabricated, nonstandard, project specific items produced outside Washington.
(b) The department of labor and industries shall include requests for the information about off-site, prefabricated, nonstandard, project specific items produced outside Washington on the affidavit of wages paid form required under RCW 39.12.040.
(c) The department
of ((general administration)) enterprise services shall develop
standard contract language to meet the requirements of subsection (1) of this
section and make the language available on its web site.
(d) Failure to submit the information required in subsection (1) of this section as part of the affidavit of wages paid form does not constitute a violation of RCW 39.12.050.
(3) For the purposes of this section, "off-site, prefabricated, nonstandard, project specific items" means products or items that are: (a) Made primarily of architectural or structural precast concrete, fabricated steel, pipe and pipe systems, or sheet metal and sheet metal duct work; (b) produced specifically for the public work and not considered to be regularly available shelf items; (c) produced or manufactured by labor expended to assemble or modify standard items; and (d) produced at an off-site location.
(4) The department of labor and industries shall transmit information collected under this section to the capital projects advisory review board created in RCW 39.10.220 for review.
(5) This section applies to contracts entered into between September 1, 2010, and December 31, 2013.
(6) This section does not apply to department of transportation public works projects.
(7) This section does not apply to local transportation public works projects.
Sec. 39. RCW 39.04.380 and 2011 c 345 s 1 are each amended to read as follows:
(1) The department
of ((general administration)) enterprise services must conduct a
survey and compile the results into a list of which states provide a bidding
preference on public works contracts for their resident contractors. The list
must include details on the type of preference, the amount of the preference,
and how the preference is applied. The list must be updated periodically as
needed. The initial survey must be completed by November 1, 2011, and by
December 1, 2011, the department must submit a report to the appropriate
committees of the legislature on the results of the survey. The report must
include the list and recommendations necessary to implement the intent of this
section and section 2, chapter 345, Laws of 2011.
(2) The department
of ((general administration)) enterprise services must distribute
the report, along with the requirements of this section and section 2, chapter
345, Laws of 2011, to all state and local agencies with the authority to
procure public works. The department may adopt rules and procedures to
implement the reciprocity requirements in subsection (3) of this section.
However, subsection (3) (([of this section])) of this section
does not take effect until the department of ((general administration)) enterprise
services has adopted the rules and procedures for reciprocity under this
subsection (((2) of this section [this subsection])) or announced that
it will not be issuing rules or procedures pursuant to this section.
(3) In any bidding
process for public works in which a bid is received from a nonresident
contractor from a state that provides a percentage bidding preference, a
comparable percentage disadvantage must be applied to the bid of that
nonresident contractor. This subsection does not apply until the department of
((general administration)) enterprise services has adopted the rules
and procedures for reciprocity under subsection (2) of this section, or has
determined and announced that rules are not necessary for implementation.
(4) A nonresident contractor from a state that provides a percentage bid preference means a contractor that:
(a) Is from a state that provides a percentage bid preference to its resident contractors bidding on public works contracts; and
(b) At the time of bidding on a public works project, does not have a physical office located in Washington.
(5) The state of residence for a nonresident contractor is the state in which the contractor was incorporated or, if not a corporation, the state where the contractor's business entity was formed.
(6) This section does not apply to public works procured pursuant to RCW 39.04.155, 39.04.280, or any other procurement exempt from competitive bidding.
Sec. 40. RCW 39.24.050 and 1982 c 61 s 3 are each amended to read as follows:
A governmental unit
shall, to the maximum extent economically feasible, purchase paper products
which meet the specifications established by the department of ((general
administration)) enterprise services under RCW ((43.19.538)) 39.26.255.
Sec. 41. RCW 39.30.050 and 1982 c 61 s 4 are each amended to read as follows:
Any contract by a
governmental unit shall require the use of paper products to the maximum extent
economically feasible that meet the specifications established by the
department of ((general administration)) enterprise services
under RCW ((43.19.538)) 39.26.255.
Sec. 42. RCW 39.32.020 and 1995 c 137 s 3 are each amended to read as follows:
The director of ((general
administration)) enterprise services is hereby authorized to
purchase, lease or otherwise acquire from federal, state, or local government
or any surplus property disposal agency thereof surplus property to be used in
accordance with the provisions of this chapter.
Sec. 43. RCW 39.32.040 and 1998 c 105 s 4 are each amended to read as follows:
In purchasing
federal surplus property on requisition for any eligible donee the director may
advance the purchase price thereof from the ((general administration)) enterprise
services account, and he or she shall then in due course bill the proper
eligible donee for the amount paid by him or her for the property plus a
reasonable amount to cover the expense incurred by him or her in connection
with the transaction. In purchasing surplus property without requisition, the
director shall be deemed to take title outright and he or she shall then be
authorized to resell from time to time any or all of such property to such
eligible donees as desire to avail themselves of the privilege of purchasing.
All moneys received in payment for surplus property from eligible donees shall
be deposited by the director in the ((general administration)) enterprise
services account. The director shall sell federal surplus property to eligible
donees at a price sufficient only to reimburse the ((general administration))
enterprise services account for the cost of the property to the account,
plus a reasonable amount to cover expenses incurred in connection with the
transaction. Where surplus property is transferred to an eligible donee without
cost to the transferee, the director may impose a reasonable charge to cover
expenses incurred in connection with the transaction. The governor, through the
director of ((general administration)) enterprise services, shall
administer the surplus property program in the state and shall perform or
supervise all those functions with respect to the program, its agencies and
instrumentalities.
Sec. 44. RCW 39.32.060 and 1977 ex.s. c 135 s 5 are each amended to read as follows:
The director of ((general
administration)) enterprise services shall have power to promulgate
such rules and regulations as may be necessary to effectuate the purposes of
RCW 39.32.010 through 39.32.060 and to carry out the provisions of the Federal
Property and Administrative Services Act of 1949, as amended.
Sec. 45. RCW 39.35.060 and 2001 c 292 s 1 are each amended to read as follows:
The department may
impose fees upon affected public agencies for the review of life-cycle cost
analyses. The fees shall be deposited in the ((general administration)) enterprise
services account. The purpose of the fees is to recover the costs by the
department for review of the analyses. The department shall set fees at a level
necessary to recover all of its costs related to increasing the energy
efficiency of state-supported new construction. The fees shall not exceed
one-tenth of one percent of the total cost of any project or exceed two
thousand dollars for any project unless mutually agreed to. The department
shall provide detailed calculation ensuring that the energy savings resulting
from its review of life-cycle cost analysis justify the costs of performing
that review.
Sec. 46. RCW 39.35A.050 and 2001 c 214 s 19 are each amended to read as follows:
The state
department of ((general administration)) enterprise services
shall maintain a registry of energy service contractors and provide assistance
to municipalities in identifying available performance-based contracting
services.
Sec. 47. RCW 39.35B.040 and 1986 c 127 s 4 are each amended to read as follows:
The principal
executives of all state agencies are responsible for implementing the policy
set forth in this chapter. The office of financial management in conjunction
with the department of ((general administration)) enterprise services
may establish guidelines for compliance by the state government and its
agencies, and state universities and community colleges. The office of
financial management shall include within its biennial capital budget
instructions:
(1) A discount rate for the use of all agencies in calculating the present value of future costs, and several examples of resultant trade-offs between annual operating costs eliminated and additional capital costs thereby justified; and
(2) Types of projects and building components that are particularly appropriate for life-cycle cost analysis.
Sec. 48. RCW 39.35C.050 and 1996 c 186 s 409 are each amended to read as follows:
In addition to any other authorities conferred by law:
(1) The department,
with the consent of the state agency or school district responsible for a
facility, a state or regional university acting independently, and any other
state agency acting through the department of ((general administration))
enterprise services or as otherwise authorized by law, may:
(a) Develop and finance conservation at public facilities in accordance with express provisions of this chapter;
(b) Contract for energy services, including performance-based contracts;
(c) Contract to sell energy savings from a conservation project at public facilities to local utilities or the Bonneville power administration.
(2) A state or
regional university acting independently, and any other state agency acting
through the department of ((general administration)) enterprise
services or as otherwise authorized by law, may undertake procurements for
third-party development of conservation at its facilities.
(3) A school district may:
(a) Develop and finance conservation at school district facilities;
(b) Contract for energy services, including performance-based contracts at school district facilities; and
(c) Contract to sell energy savings from energy conservation projects at school district facilities to local utilities or the Bonneville power administration directly or to local utilities or the Bonneville power administration through third parties.
(4) In exercising the authority granted by subsections (1), (2), and (3) of this section, a school district or state agency must comply with the provisions of RCW 39.35C.040.
Sec. 49. RCW 39.35C.090 and 1996 c 186 s 413 are each amended to read as follows:
In addition to any other authorities conferred by law:
(1) The department,
with the consent of the state agency responsible for a facility, a state or
regional university acting independently, and any other state agency acting
through the department of ((general administration)) enterprise
services or as otherwise authorized by law, may:
(a) Contract to sell electric energy generated at state facilities to a utility; and
(b) Contract to sell thermal energy produced at state facilities to a utility.
(2) A state or
regional university acting independently, and any other state agency acting
through the department of ((general administration)) enterprise
services or as otherwise authorized by law, may:
(a) Acquire, install, permit, construct, own, operate, and maintain cogeneration and facility heating and cooling measures or equipment, or both, at its facilities;
(b) Lease state property for the installation and operation of cogeneration and facility heating and cooling equipment at its facilities;
(c) Contract to purchase all or part of the electric or thermal output of cogeneration plants at its facilities;
(d) Contract to purchase or otherwise acquire fuel or other energy sources needed to operate cogeneration plants at its facilities; and
(e) Undertake procurements
for third-party development of cogeneration projects at its facilities, with
successful bidders to be selected based on the responsible bid, including
nonprice elements listed in RCW ((43.19.1911)) 39.26.160, that
offers the greatest net achievable benefits to the state and its agencies.
(3) After July 28, 1991, a state agency shall consult with the department prior to exercising any authority granted by this section.
(4) In exercising the authority granted by subsections (1) and (2) of this section, a state agency must comply with the provisions of RCW 39.35C.080.
Sec. 50. RCW 39.59.010 and 2002 c 332 s 22 are each amended to read as follows:
Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.
(1) "Bond" means any agreement which may or may not be represented by a physical instrument, including but not limited to bonds, notes, warrants, or certificates of indebtedness, that evidences an obligation under which the issuer agrees to pay a specified amount of money, with or without interest, at a designated time or times either to registered owners or bearers.
(2) "Local government" means any county, city, town, special purpose district, political subdivision, municipal corporation, or quasi-municipal corporation, including any public corporation, authority, or other instrumentality created by such an entity.
(3) "Money
market fund" means a mutual fund the portfolio which consists of only
bonds having maturities or demand or tender provisions of not more than one
year, managed by an investment advisor who has posted with the office of
risk management ((division of the office of financial management)) in
the department of enterprise services a bond or other similar instrument in
the amount of at least five percent of the amount invested in the fund pursuant
to RCW 39.59.030 (2) or (3).
(4) "Mutual
fund" means a diversified mutual fund registered with the federal
securities and exchange commission and which is managed by an investment
advisor with assets under management of at least five hundred million dollars
and with at least five years' experience in investing in bonds authorized for
investment by this chapter and who has posted with the office of risk
management ((division of the office of financial management)) in the
department of enterprise services a bond or other similar instrument in the
amount of at least five percent of the amount invested in the fund pursuant to
RCW 39.59.030(1).
(5) "State" includes a state, agencies, authorities, and instrumentalities of a state, and public corporations created by a state or agencies, authorities, or instrumentalities of a state.
Sec. 51. RCW 41.04.017 and 2007 c 487 s 1 are each amended to read as follows:
A one hundred fifty
thousand dollar death benefit shall be paid as a sundry claim to the estate of
an employee of any state agency, the common school system of the state, or
institution of higher education who dies as a result of (1) injuries sustained
in the course of employment; or (2) an occupational disease or infection that
arises naturally and proximately out of employment covered under this chapter,
and is not otherwise provided a death benefit through coverage under their
enrolled retirement system under chapter 402, Laws of 2003. The determination
of eligibility for the benefit shall be made consistent with Title 51 RCW by
the department of labor and industries. The department of labor and industries
shall notify the director of the department of ((general administration))
enterprise services by order under RCW 51.52.050.
Sec. 52. RCW 41.04.220 and 1983 c 3 s 88 are each amended to read as follows:
Any governmental
entity other than state agencies, may use the services of the department of ((general
administration)) enterprise services upon the approval of the
director, in procuring health benefit programs as provided by RCW 41.04.180,
28A.400.350 and 28B.10.660: PROVIDED, That the department of ((general
administration)) enterprise services may charge for the
administrative cost incurred in the procuring of such services.
Sec. 53. RCW 41.04.375 and 1993 c 194 s 2 are each amended to read as follows:
An agency may
identify space they wish to use for child care facilities or they may request
assistance from the department of ((general administration)) enterprise
services in identifying the availability of suitable space in state-owned
or state-leased buildings for use as child care centers for the children of
state employees.
When suitable space
is identified in state-owned or state-leased buildings, the department of ((general
administration)) enterprise services shall establish a rental rate
for organizations to pay for the space used by persons who are not state
employees.
Sec. 54. RCW 41.06.094 and 1987 c 504 s 7 are each amended to read as follows:
In addition to the
exemptions under RCW 41.06.070, the provisions of this chapter shall not apply
in the ((department of information services)) consolidated technology
services agency to up to twelve positions in the planning component
involved in policy development and/or senior professionals.
Sec. 55. RCW 42.17A.110 and 2011 1st sp.s. c 43 s 448 and 2011 c 60 s 20 are each reenacted to read as follows:
The commission may:
(1) Adopt, amend, and rescind suitable administrative rules to carry out the policies and purposes of this chapter, which rules shall be adopted under chapter 34.05 RCW. Any rule relating to campaign finance, political advertising, or related forms that would otherwise take effect after June 30th of a general election year shall take effect no earlier than the day following the general election in that year;
(2) Appoint an executive director and set, within the limits established by the office of financial management under RCW 43.03.028, the executive director's compensation. The executive director shall perform such duties and have such powers as the commission may prescribe and delegate to implement and enforce this chapter efficiently and effectively. The commission shall not delegate its authority to adopt, amend, or rescind rules nor may it delegate authority to determine whether an actual violation of this chapter has occurred or to assess penalties for such violations;
(3) Prepare and publish reports and technical studies as in its judgment will tend to promote the purposes of this chapter, including reports and statistics concerning campaign financing, lobbying, financial interests of elected officials, and enforcement of this chapter;
(4) Conduct, as it deems appropriate, audits and field investigations;
(5) Make public the time and date of any formal hearing set to determine whether a violation has occurred, the question or questions to be considered, and the results thereof;
(6) Administer oaths and affirmations, issue subpoenas, and compel attendance, take evidence, and require the production of any records relevant to any investigation authorized under this chapter, or any other proceeding under this chapter;
(7) Adopt a code of fair campaign practices;
(8) Adopt rules relieving candidates or political committees of obligations to comply with the election campaign provisions of this chapter, if they have not received contributions nor made expenditures in connection with any election campaign of more than five thousand dollars;
(9) Adopt rules prescribing reasonable requirements for keeping accounts of, and reporting on a quarterly basis, costs incurred by state agencies, counties, cities, and other municipalities and political subdivisions in preparing, publishing, and distributing legislative information. For the purposes of this subsection, "legislative information" means books, pamphlets, reports, and other materials prepared, published, or distributed at substantial cost, a substantial purpose of which is to influence the passage or defeat of any legislation. The state auditor in his or her regular examination of each agency under chapter 43.09 RCW shall review the rules, accounts, and reports and make appropriate findings, comments, and recommendations concerning those agencies; and
(10) Develop and provide to filers a system for certification of reports required under this chapter which are transmitted by facsimile or electronically to the commission. Implementation of the program is contingent on the availability of funds.
Sec. 56. RCW 43.01.090 and 2005 c 330 s 5 are each amended to read as follows:
The director of ((general
administration)) enterprise services may assess a charge or rent
against each state board, commission, agency, office, department, activity, or
other occupant or user for payment of a proportionate share of costs for
occupancy of buildings, structures, or facilities including but not limited to
all costs of acquiring, constructing, operating, and maintaining such
buildings, structures, or facilities and the repair, remodeling, or furnishing
thereof and for the rendering of any service or the furnishing or providing of
any supplies, equipment, historic furnishings, or materials.
The director of ((general
administration)) enterprise services may recover the full costs
including appropriate overhead charges of the foregoing by periodic billings as
determined by the director including but not limited to transfers upon accounts
and advancements into the ((general administration)) enterprise
services account. Charges related to the rendering of real estate services
under RCW 43.82.010 and to the operation and maintenance of public and historic
facilities at the state capitol, as defined in RCW 79.24.710, shall be
allocated separately from other charges assessed under this section. Rates
shall be established by the director of ((general administration)) enterprise
services after consultation with the director of financial management. The
director of ((general administration)) enterprise services may
allot, provide, or furnish any of such facilities, structures, services,
equipment, supplies, or materials to any other public service type occupant or
user at such rates or charges as are equitable and reasonably reflect the
actual costs of the services provided: PROVIDED, HOWEVER, That the legislature,
its duly constituted committees, interim committees and other committees shall
be exempted from the provisions of this section.
Upon receipt of
such bill, each entity, occupant, or user shall cause a warrant or check in the
amount thereof to be drawn in favor of the department of ((general
administration)) enterprise services which shall be deposited in the
state treasury to the credit of the ((general administration)) enterprise
services account unless the director of financial management has authorized
another method for payment of costs.
Beginning July 1,
1995, the director of ((general administration)) enterprise services
shall assess a capital projects surcharge upon each agency or other user
occupying a facility owned and managed by the department of ((general
administration)) enterprise services in Thurston county, excluding
state capitol public and historic facilities, as defined in RCW 79.24.710. The
capital projects surcharge does not apply to agencies or users that agree to
pay all future repairs, improvements, and renovations to the buildings they
occupy and a proportional share, as determined by the office of financial
management, of all other campus repairs, installations, improvements, and
renovations that provide a benefit to the buildings they occupy or that have an
agreement with the department of ((general administration)) enterprise
services that contains a charge for a similar purpose, including but not
limited to RCW 43.01.091, in an amount greater than the capital projects
surcharge. Beginning July 1, 2002, the capital projects surcharge does not
apply to department of services for the blind vendors who operate cafeteria
services in facilities owned and managed by the department of ((general
administration)) enterprise services; the department shall consider
this space to be a common area for purposes of allocating the capital projects
surcharge to other building tenants beginning July 1, 2003. The director, after
consultation with the director of financial management, shall adopt
differential capital project surcharge rates to reflect the differences in facility
type and quality. The initial payment structure for this surcharge shall be one
dollar per square foot per year. The surcharge shall increase over time to an
amount that when combined with the facilities and service charge equals the
market rate for similar types of lease space in the area or equals five dollars
per square foot per year, whichever is less. The capital projects surcharge
shall be in addition to other charges assessed under this section. Proceeds
from the capital projects surcharge shall be deposited into the Thurston county
capital facilities account created in RCW 43.19.501.
Sec. 57. RCW 43.01.091 and 1994 c 219 s 19 are each amended to read as follows:
It is hereby
declared to be the policy of the state of Washington that each agency or other
occupant of newly constructed or substantially renovated facilities owned and
operated by the department of ((general administration)) enterprise
services in Thurston county shall proportionally share the debt service costs
associated with the original construction or substantial renovation of the
facility. Beginning July 1, 1995, each state agency or other occupant of a
facility constructed or substantially renovated after July 1, 1992, and owned
and operated by the department of ((general administration)) enterprise
services in Thurston county, shall be assessed a charge to pay the
principal and interest payments on any bonds or other financial contract issued
to finance the construction or renovation or an equivalent charge for similar
projects financed by cash sources. In recognition that full payment of debt
service costs may be higher than market rates for similar types of facilities
or higher than existing agreements for similar charges entered into prior to
June 9, 1994, the initial charge may be less than the full cost of principal
and interest payments. The charge shall be assessed to all occupants of the
facility on a proportional basis based on the amount of occupied space or any
unique construction requirements. The office of financial management, in
consultation with the department of ((general administration)) enterprise
services, shall develop procedures to implement this section and report to
the legislative fiscal committees, by October 1994, their recommendations for
implementing this section. The office of financial management shall separately
identify in the budget document all payments and the documentation for
determining the payments required by this section for each agency and fund
source during the current and the two past and future fiscal biennia. The
charge authorized in this section is subject to annual audit by the state
auditor.
Sec. 58. RCW 43.01.240 and 1998 c 245 s 46 are each amended to read as follows:
(1) There is hereby established an account in the state treasury to be known as the state agency parking account. All parking income collected from the fees imposed by state agencies on parking spaces at state-owned or leased facilities, including the capitol campus, shall be deposited in the state agency parking account. Only the office of financial management may authorize expenditures from the account. The account is subject to allotment procedures under chapter 43.88 RCW, but no appropriation is required for expenditures. No agency may receive an allotment greater than the amount of revenue deposited into the state agency parking account.
(2) An agency may, as an element of the agency's commute trip reduction program to achieve the goals set forth in RCW 70.94.527, impose parking rental fees at state-owned and leased properties. These fees will be deposited in the state agency parking account. Each agency shall establish a committee to advise the agency director on parking rental fees, taking into account the market rate of comparable, privately owned rental parking in each region. The agency shall solicit representation of the employee population including, but not limited to, management, administrative staff, production workers, and state employee bargaining units. Funds shall be used by agencies to: (a) Support the agencies' commute trip reduction program under RCW 70.94.521 through 70.94.551; (b) support the agencies' parking program; or (c) support the lease or ownership costs for the agencies' parking facilities.
(3) In order to
reduce the state's subsidization of employee parking, after July 1997 agencies
shall not enter into leases for employee parking in excess of building code
requirements, except as authorized by the director of ((general
administration)) enterprise services. In situations where there are
fewer parking spaces than employees at a worksite, parking must be allocated
equitably, with no special preference given to managers.
Sec. 59. RCW 43.01.250 and 2007 c 348 s 206 are each amended to read as follows:
(1) It is in the state's interest and to the benefit of the people of the state to encourage the use of electrical vehicles in order to reduce emissions and provide the public with cleaner air. This section expressly authorizes the purchase of power at state expense to recharge privately and publicly owned plug-in electrical vehicles at state office locations where the vehicles are used for state business, are commute vehicles, or where the vehicles are at the state location for the purpose of conducting business with the state.
(2) The director of
the department of ((general administration)) enterprise services
may report to the governor and the appropriate committees of the legislature,
as deemed necessary by the director, on the estimated amount of state-purchased
electricity consumed by plug-in electrical vehicles if the director of ((general
administration)) enterprise services determines that the use has a
significant cost to the state, and on the number of plug-in electric vehicles
using state office locations. The report may be combined with the report under
section 401, chapter 348, Laws of 2007.
Sec. 60. RCW 43.01.900 and 2010 1st sp.s. c 7 s 140 are each amended to read as follows:
(1) All documents
and papers, equipment, or other tangible property in the possession of the
terminated entity shall be delivered to the custody of the entity assuming the
responsibilities of the terminated entity or if such responsibilities have been
eliminated, documents and papers shall be delivered to the state archivist and
equipment or other tangible property to the department of ((general
administration)) enterprise services.
(2) All funds held by, or other moneys due to, the terminated entity shall revert to the fund from which they were appropriated, or if that fund is abolished to the general fund.
(3) All contractual rights and duties of an entity shall be assigned or delegated to the entity assuming the responsibilities of the terminated entity, or if there is none to such entity as the governor shall direct.
(4) All rules and all pending business before any terminated entity shall be continued and acted upon by the entity assuming the responsibilities of the terminated entity.
Sec. 61. RCW 43.15.020 and 2011 c 158 s 12 are each amended to read as follows:
The lieutenant governor serves as president of the senate and is responsible for making appointments to, and serving on, the committees and boards as set forth in this section.
(1) The lieutenant governor serves on the following boards and committees:
(a) Capitol furnishings preservation committee, RCW 27.48.040;
(b) Washington higher education facilities authority, RCW 28B.07.030;
(c) Productivity board, also known as the employee involvement and recognition board, RCW 41.60.015;
(d) State finance committee, RCW 43.33.010;
(e) State capitol committee, RCW 43.34.010;
(f) Washington health care facilities authority, RCW 70.37.030;
(g) State medal of merit nominating committee, RCW 1.40.020;
(h) Medal of valor committee, RCW 1.60.020; and
(i) Association of Washington generals, RCW 43.15.030.
(2) The lieutenant governor, and when serving as president of the senate, appoints members to the following boards and committees:
(a) Civil legal aid oversight committee, RCW 2.53.010;
(b) Office of public defense advisory committee, RCW 2.70.030;
(c) Washington state gambling commission, RCW 9.46.040;
(d) Sentencing guidelines commission, RCW 9.94A.860;
(e) State building code council, RCW 19.27.070;
(f) Financial education public-private partnership, RCW 28A.300.450;
(g) Joint administrative rules review committee, RCW 34.05.610;
(h) Capital projects advisory review board, RCW 39.10.220;
(i) Select committee on pension policy, RCW 41.04.276;
(j) Legislative ethics board, RCW 42.52.310;
(k) Washington citizens' commission on salaries, RCW 43.03.305;
(l) Legislative oral history committee, RCW 44.04.325;
(m) State council on aging, RCW 43.20A.685;
(n) State investment board, RCW 43.33A.020;
(o) Capitol campus design advisory committee, RCW 43.34.080;
(p) Washington state arts commission, RCW 43.46.015;
(q) ((Information
services board, RCW 43.105.032;
(r) Council for
children and families, RCW 43.121.020;
(s))) PNWER-Net
working subgroup under chapter 43.147 RCW;
(((t))) (r)
Community economic revitalization board, RCW 43.160.030;
(((u))) (s)
Washington economic development finance authority, RCW 43.163.020;
(((v))) (t)
Life sciences discovery fund authority, RCW 43.350.020;
(((w))) (u)
Legislative children's oversight committee, RCW 44.04.220;
(((x))) (v)
Joint legislative audit and review committee, RCW 44.28.010;
(((y))) (w)
Joint committee on energy supply and energy conservation, RCW 44.39.015;
(((z))) (x)
Legislative evaluation and accountability program committee, RCW 44.48.010;
(((aa))) (y)
Agency council on coordinated transportation, RCW 47.06B.020;
(((bb))) (z)
Washington horse racing commission, RCW 67.16.014;
(((cc))) (aa)
Correctional industries board of directors, RCW 72.09.080;
(((dd))) (bb)
Joint committee on veterans' and military affairs, RCW 73.04.150;
(((ee))) (cc)
Joint legislative committee on water supply during drought, RCW 90.86.020;
(((ff))) (dd)
Statute law committee, RCW 1.08.001; and
(((gg))) (ee)
Joint legislative oversight committee on trade policy, RCW 44.55.020.
Sec. 62. RCW 43.17.050 and 2009 c 549 s 5060 are each amended to read as follows:
Each department shall maintain its principal office at the state capital. The director of each department may, with the approval of the governor, establish and maintain branch offices at other places than the state capital for the conduct of one or more of the functions of his or her department.
The governor, in
his or her discretion, may require all administrative departments of the state
and the appointive officers thereof, other than those created by this chapter,
to maintain their principal offices at the state capital in rooms to be
furnished by the director of ((general administration)) enterprise
services.
Sec. 63. RCW 43.17.100 and 2009 c 549 s 5062 are each amended to read as follows:
Every appointive
state officer and employee of the state shall give a surety bond, payable to
the state in such sum as shall be deemed necessary by the director of the
department of ((general administration)) enterprise services,
conditioned for the honesty of the officer or employee and for the accounting
of all property of the state that shall come into his or her possession by
virtue of his or her office or employment, which bond shall be approved as to
form by the attorney general and shall be filed in the office of the secretary
of state.
The director of ((general
administration)) enterprise services may purchase one or more
blanket surety bonds for the coverage required in this section.
Any bond required by this section shall not be considered an official bond and shall not be subject to chapter 42.08 RCW.
Sec. 64. RCW 43.17.400 and 2007 c 62 s 2 are each amended to read as follows:
(1) The definitions in this subsection apply throughout this section unless the context clearly requires otherwise.
(a) "Disposition" means sales, exchanges, or other actions resulting in a transfer of land ownership.
(b) "State agencies" includes:
(i) The department of natural resources established in chapter 43.30 RCW;
(ii) The department of fish and wildlife established in chapter 43.300 RCW;
(iii) The department of transportation established in chapter 47.01 RCW;
(iv) The parks and recreation commission established in chapter 79A.05 RCW; and
(v) The department
of ((general administration)) enterprise services established in
this chapter.
(2) State agencies proposing disposition of state-owned land must provide written notice of the proposed disposition to the legislative authorities of the counties, cities, and towns in which the land is located at least sixty days before entering into the disposition agreement.
(3) The requirements of this section are in addition and supplemental to other requirements of the laws of this state.
Sec. 65. RCW 43.19.647 and 2007 c 348 s 203 are each amended to read as follows:
(1) In order to
allow the motor vehicle fuel needs of state and local government to be
satisfied by Washington-produced biofuels as provided in this chapter, the
department of ((general administration)) enterprise services as
well as local governments may contract in advance and execute contracts with
public or private producers, suppliers, or other parties, for the purchase of
appropriate biofuels, as that term is defined in RCW 43.325.010, and biofuel
blends. Contract provisions may address items including, but not limited to,
fuel standards, price, and delivery date.
(2) The department
of ((general administration)) enterprise services may combine the
needs of local government agencies, including ports, special districts, school
districts, and municipal corporations, for the purposes of executing contracts
for biofuels and to secure a sufficient and stable supply of alternative fuels.
Sec. 66. RCW 43.19.651 and 2003 c 340 s 1 are each amended to read as follows:
(1) When planning for the capital construction or renovation of a state facility, state agencies shall consider the utilization of fuel cells and renewable or alternative energy sources as a primary source of power for applications that require an uninterruptible power source.
(2) When planning the purchase of back-up or emergency power systems and remote power systems, state agencies shall consider the utilization of fuel cells and renewable or alternative energy sources instead of batteries or internal combustion engines.
(3) The director of
((general administration)) enterprise services shall develop
criteria by which state agencies can identify, evaluate, and develop potential
fuel cell applications at state facilities.
(4) For the purposes of this section, "fuel cell" means an electrochemical reaction that generates electric energy by combining atoms of hydrogen and oxygen in the presence of a catalyst.
Sec. 67. RCW 43.19.670 and 2001 c 214 s 25 are each amended to read as follows:
As used in RCW 43.19.670 through 43.19.685, the following terms have the meanings indicated unless the context clearly requires otherwise.
(1) "Energy audit" means a determination of the energy consumption characteristics of a facility which consists of the following elements:
(a) An energy consumption survey which identifies the type, amount, and rate of energy consumption of the facility and its major energy systems. This survey shall be made by the agency responsible for the facility.
(b) A walk-through
survey which determines appropriate energy conservation maintenance and
operating procedures and indicates the need, if any, for the acquisition and
installation of energy conservation measures and energy management systems.
This survey shall be made by the agency responsible for the facility if it has
technically qualified personnel available. The director of ((general
administration)) enterprise services shall provide technically
qualified personnel to the responsible agency if necessary.
(c) An investment
grade audit, which is an intensive engineering analysis of energy conservation
and management measures for the facility, net energy savings, and a
cost-effectiveness determination. ((This element is required only for those
facilities designated in the schedule adopted under RCW 43.19.680(2).))
(2) "Cost-effective energy conservation measures" means energy conservation measures that the investment grade audit concludes will generate savings sufficient to finance project loans of not more than ten years.
(3) "Energy conservation measure" means an installation or modification of an installation in a facility which is primarily intended to reduce energy consumption or allow the use of an alternative energy source, including:
(a) Insulation of the facility structure and systems within the facility;
(b) Storm windows and doors, multiglazed windows and doors, heat absorbing or heat reflective glazed and coated windows and door systems, additional glazing, reductions in glass area, and other window and door system modifications;
(c) Automatic energy control systems;
(d) Equipment required to operate variable steam, hydraulic, and ventilating systems adjusted by automatic energy control systems;
(e) Solar space heating or cooling systems, solar electric generating systems, or any combination thereof;
(f) Solar water heating systems;
(g) Furnace or utility plant and distribution system modifications including replacement burners, furnaces, and boilers which substantially increase the energy efficiency of the heating system; devices for modifying flue openings which will increase the energy efficiency of the heating system; electrical or mechanical furnace ignitions systems which replace standing gas pilot lights; and utility plant system conversion measures including conversion of existing oil- and gas-fired boiler installations to alternative energy sources;
(h) Caulking and weatherstripping;
(i) Replacement or modification of lighting fixtures which increase the energy efficiency of the lighting system;
(j) Energy recovery systems;
(k) Energy management systems; and
(l) Such other measures as the director finds will save a substantial amount of energy.
(4) "Energy conservation maintenance and operating procedure" means modification or modifications in the maintenance and operations of a facility, and any installations within the facility, which are designed to reduce energy consumption in the facility and which require no significant expenditure of funds.
(5) "Energy management system" has the definition contained in RCW 39.35.030.
(6) "Energy savings performance contracting" means the process authorized by chapter 39.35C RCW by which a company contracts with a state agency to conduct no-cost energy audits, guarantee savings from energy efficiency, provide financing for energy efficiency improvements, install or implement energy efficiency improvements, and agree to be paid for its investment solely from savings resulting from the energy efficiency improvements installed or implemented.
(7) "Energy service company" means a company or contractor providing energy savings performance contracting services.
(8) "Facility" means a building, a group of buildings served by a central energy distribution system, or components of a central energy distribution system.
(9) "Implementation plan" means the annual tasks and budget required to complete all acquisitions and installations necessary to satisfy the recommendations of the energy audit.
Sec. 68. RCW 43.19.682 and 1993 c 204 s 9 are each amended to read as follows:
The director of the
department of ((general administration)) enterprise services
shall seek to further energy conservation objectives among other landscape
objectives in planting and maintaining trees upon grounds administered by the
department.
Sec. 69. RCW 43.19.691 and 2005 c 299 s 5 are each amended to read as follows:
(1) Municipalities may conduct energy audits and implement cost-effective energy conservation measures among multiple government entities.
(2) All municipalities shall report to the department if they implemented or did not implement, during the previous biennium, cost-effective energy conservation measures aggregated among multiple government entities. The reports must be submitted to the department by September 1, 2007, and by September 1, 2009. In collecting the reports, the department shall cooperate with the appropriate associations that represent municipalities.
(3) The department shall prepare a report summarizing the reports submitted by municipalities under subsection (2) of this section and shall report to the committee by December 31, 2007, and by December 31, 2009.
(4) For the purposes of this section, the following definitions apply:
(a) "Committee" means the joint committee on energy supply and energy conservation in chapter 44.39 RCW.
(b) "Cost-effective energy conservation measures" has the meaning provided in RCW 43.19.670.
(c)
"Department" means the department of ((general administration))
enterprise services.
(d) "Energy audit" has the meaning provided in RCW 43.19.670.
(e) "Municipality" has the meaning provided in RCW 39.04.010.
Sec. 70. RCW 43.19.757 and 1965 c 8 s 43.78.160 are each amended to read as follows:
Nothing in RCW ((43.78.130,
43.78.140 and 43.78.150)) 43.19.748, 43.19.751, and 43.19.754 shall
be construed as requiring any public official to accept any such work of
inferior quality or workmanship.
Sec. 71. RCW 43.19A.022 and 2011 1st sp.s. c 43 s 251 are each amended to read as follows:
(1) All state agencies shall purchase one hundred percent recycled content white cut sheet bond paper used in office printers and copiers. State agencies are encouraged to give priority to purchasing from companies that produce paper in facilities that generate energy from a renewable energy source.
(2) State agencies that utilize office printers and copiers that, after reasonable attempts, cannot be calibrated to utilize such paper referenced in subsection (1) of this section, must for those models of equipment:
(a) Purchase paper at the highest recycled content that can be utilized efficiently by the copier or printer;
(b) At the time of lease renewal or at the end of the life-cycle, either lease or purchase a model that will efficiently utilize one hundred percent recycled content white cut sheet bond paper;
(3) Printed projects that require the use of high volume production inserters or high-speed digital devices, such as those used by the department of enterprise services, are not required to meet the one hundred percent recycled content white cut sheet bond paper standard, but must utilize the highest recycled content that can be utilized efficiently by such equipment and not impede the business of agencies.
(4) The department
of enterprise services ((and the department of information services))
shall ((work together to)) identify for use by agencies one hundred
percent recycled paper products that process efficiently through high-speed
production equipment and do not impede the business of agencies.
Sec. 72. RCW 43.19A.040 and 1991 c 297 s 6 are each amended to read as follows:
(1) Each local
government shall consider the adoption of policies, rules, or ordinances to
provide for the preferential purchase of recycled content products. Any local
government may adopt the preferential purchasing policy of the department of ((general
administration)) enterprise services, or portions of such policy, or
another policy that provides a preference for recycled content products.
(2) The department
of ((general administration)) enterprise services shall prepare
one or more model recycled content preferential purchase policies suitable for
adoption by local governments. The model policy shall be widely distributed and
provided through the technical assistance and workshops under RCW 43.19A.070.
(3) A local
government that is not subject to the purchasing authority of the department of
((general administration)) enterprise services, and that adopts
the preferential purchase policy or rules of the department, shall not be
limited by the percentage price preference included in such policy or rules.
Sec. 73. RCW 43.21F.045 and 1996 c 186 s 103 are each amended to read as follows:
(1) The department shall supervise and administer energy-related activities as specified in RCW 43.330.904 and shall advise the governor and the legislature with respect to energy matters affecting the state.
(2) In addition to other powers and duties granted to the department, the department shall have the following powers and duties:
(a) Prepare and update contingency plans for implementation in the event of energy shortages or emergencies. The plans shall conform to chapter 43.21G RCW and shall include procedures for determining when these shortages or emergencies exist, the state officers and agencies to participate in the determination, and actions to be taken by various agencies and officers of state government in order to reduce hardship and maintain the general welfare during these emergencies. The department shall coordinate the activities undertaken pursuant to this subsection with other persons. The components of plans that require legislation for their implementation shall be presented to the legislature in the form of proposed legislation at the earliest practicable date. The department shall report to the governor and the legislature on probable, imminent, and existing energy shortages, and shall administer energy allocation and curtailment programs in accordance with chapter 43.21G RCW.
(b) Establish and maintain a central repository in state government for collection of existing data on energy resources, including:
(i) Supply, demand, costs, utilization technology, projections, and forecasts;
(ii) Comparative costs of alternative energy sources, uses, and applications; and
(iii) Inventory data on energy research projects in the state conducted under public and/or private auspices, and the results thereof.
(c) Coordinate federal energy programs appropriate for state-level implementation, carry out such energy programs as are assigned to it by the governor or the legislature, and monitor federally funded local energy programs as required by federal or state regulations.
(d) Develop energy policy recommendations for consideration by the governor and the legislature.
(e) Provide assistance, space, and other support as may be necessary for the activities of the state's two representatives to the Pacific northwest electric power and conservation planning council. To the extent consistent with federal law, the director shall request that Washington's councilmembers request the administrator of the Bonneville power administration to reimburse the state for the expenses associated with the support as provided in the Pacific Northwest Electric Power Planning and Conservation Act (P.L. 96-501).
(f) Cooperate with state agencies, other governmental units, and private interests in the prioritization and implementation of the state energy strategy elements and on other energy matters.
(g) Serve as the official state agency responsible for coordinating implementation of the state energy strategy.
(h) No later than December 1, 1982, and by December 1st of each even-numbered year thereafter, prepare and transmit to the governor and the appropriate committees of the legislature a report on the implementation of the state energy strategy and other important energy issues, as appropriate.
(i) Provide support for increasing cost-effective energy conservation, including assisting in the removal of impediments to timely implementation.
(j) Provide support for the development of cost-effective energy resources including assisting in the removal of impediments to timely construction.
(k) Adopt rules, under chapter 34.05 RCW, necessary to carry out the powers and duties enumerated in this chapter.
(l) Provide administrative assistance, space, and other support as may be necessary for the activities of the energy facility site evaluation council, as provided for in RCW 80.50.030.
(m) Appoint staff as may be needed to administer energy policy functions and manage energy facility site evaluation council activities. These employees are exempt from the provisions of chapter 41.06 RCW.
(3) To the extent the powers and duties set out under this section relate to energy education, applied research, and technology transfer programs they are transferred to Washington State University.
(4) To the extent
the powers and duties set out under this section relate to energy efficiency in
public buildings they are transferred to the department of ((general
administration)) enterprise services.
Sec. 74. RCW 43.34.090 and 2002 c 164 s 1 are each amended to read as follows:
(1) The legislature
shall approve names for new or existing buildings on the state capitol grounds
based upon recommendations from the state capitol committee and the director of
the department of ((general administration)) enterprise services,
with the advice of the capitol campus design advisory committee, subject to the
following limitations:
(a) An existing building may be renamed only after a substantial renovation or a change in the predominant tenant agency headquartered in the building.
(b) A new or existing building may be named or renamed after:
(i) An individual who has played a significant role in Washington history;
(ii) The purpose of the building;
(iii) The single or predominant tenant agency headquartered in the building;
(iv) A significant place name or natural place in Washington;
(v) A Native American tribe located in Washington;
(vi) A group of people or type of person;
(vii) Any other
appropriate person consistent with this section as recommended by the director
of the department of ((general administration)) enterprise services.
(c) The names on the facades of the state capitol group shall not be removed.
(2) The legislature
shall approve names for new or existing public rooms or spaces on the west
capitol campus based upon recommendations from the state capitol committee and
the director of the department of ((general administration)) enterprise
services, with the advice of the capitol campus design advisory committee,
subject to the following limitations:
(a) An existing room or space may be renamed only after a substantial renovation;
(b) A new or existing room or space may be named or renamed only after:
(i) An individual who has played a significant role in Washington history;
(ii) The purpose of the room or space;
(iii) A significant place name or natural place in Washington;
(iv) A Native American tribe located in Washington;
(v) A group of people or type of person;
(vi) Any other
appropriate person consistent with this section as recommended by the director
of the department of ((general administration)) enterprise services.
(3) When naming or renaming buildings, rooms, and spaces under this section, consideration must be given to: (a) Any disparity that exists with respect to the gender of persons after whom buildings, rooms, and spaces are named on the state capitol grounds; (b) the diversity of human achievement; and (c) the diversity of the state's citizenry and history.
(4) For purposes of this section, "state capitol grounds" means buildings and land owned by the state and otherwise designated as state capitol grounds, including the west capitol campus, the east capitol campus, the north capitol campus, the Tumwater campus, the Lacey campus, Sylvester Park, Centennial Park, the Old Capitol Building, and Capitol Lake.
Sec. 75. RCW 43.82.035 and 2007 c 506 s 4 are each amended to read as follows:
(1) The office of financial management shall design and implement a modified predesign process for any space request to lease, purchase, or build facilities that involve (a) the housing of new state programs, (b) a major expansion of existing state programs, or (c) the relocation of state agency programs. This includes the consolidation of multiple state agency tenants into one facility. The office of financial management shall define facilities that meet the criteria described in (a) and (b) of this subsection.
(2) State agencies shall submit modified predesigns to the office of financial management and the legislature. Modified predesigns must include a problem statement, an analysis of alternatives to address programmatic and space requirements, proposed locations, and a financial assessment. For proposed projects of twenty thousand gross square feet or less, the agency may provide a cost-benefit analysis, rather than a life-cycle cost analysis, as determined by the office of financial management.
(3) Projects that meet the capital requirements for predesign on major facility projects with an estimated project cost of five million dollars or more pursuant to chapter 43.88 RCW shall not be required to prepare a modified predesign.
(4) The office of
financial management shall require state agencies to identify plans for major
leased facilities as part of the ten-year capital budget plan. State agencies
shall not enter into new or renewed leases of more than one million dollars per
year unless such leases have been approved by the office of financial
management except when the need for the lease is due to an unanticipated
emergency. The regular termination date on an existing lease does not
constitute an emergency. The department of ((general administration)) enterprise
services shall notify the office of financial management and the
appropriate legislative fiscal committees if an emergency situation arises.
(5) For project proposals in which there are estimates of operational savings, the office of financial management shall require the agency or agencies involved to provide details including but not limited to fund sources and timelines.
Sec. 76. RCW 43.82.055 and 2007 c 506 s 6 are each amended to read as follows:
The office of financial management shall:
(1) Work with the
department of ((general administration)) enterprise services and
all other state agencies to determine the long-term facility needs of state
government; and
(2) Develop and
submit a six-year facility plan to the legislature by January 1st of every
odd-numbered year, beginning January 1, 2009, that includes state agency space
requirements and other pertinent data necessary for cost-effective facility
planning. The department of ((general administration)) enterprise
services shall assist with this effort as required by the office of
financial management.
Sec. 77. RCW 43.82.130 and 1965 c 8 s 43.82.130 are each amended to read as follows:
The director of the
department of ((general administration)) enterprise services is
authorized to do all acts and things necessary or convenient to carry out the
powers and duties expressly provided in this chapter.
Sec. 78. RCW 43.83.116 and 1973 1st ex.s. c 217 s 4 are each amended to read as follows:
The principal
proceeds from the sale of the bonds or notes deposited in the state building
construction account of the general fund shall be administered by the ((state
department of general administration)) office of financial management.
Sec. 79. RCW 43.83.120 and 1973 1st ex.s. c 217 s 6 are each amended to read as follows:
In addition to any
other charges authorized by law and to assist in reimbursing the state general
fund for expenditures from the general state revenues in paying the principal
and interest on the bonds and notes herein authorized, the director of ((general
administration)) financial management shall assess a charge against
each state board, commission, agency, office, department, activity, or other
occupant or user for payment of a proportion of costs for each square foot of
floor space assigned to or occupied by it. Payment of the amount so billed to
the entity for such occupancy shall be made annually and in advance at the
beginning of each fiscal year. The director of ((general administration))
financial management shall cause the same to be deposited in the state
treasury to the credit of the general fund.
Sec. 80. RCW 43.83.136 and 1975 1st ex.s. c 249 s 4 are each amended to read as follows:
The principal
proceeds from the sale of the bonds or notes authorized in RCW 43.83.130
through 43.83.148 and deposited in the state building construction account of
the general fund shall be administered by the ((state department of general
administration)) office of financial management, subject to
legislative appropriation.
Sec. 81. RCW 43.83.142 and 1975 1st ex.s. c 249 s 7 are each amended to read as follows:
In addition to any
other charges authorized by law and to assist in reimbursing the state general
fund for expenditures from the general state revenues in paying the principal
and interest on the bonds and notes authorized in RCW 43.83.130 through
43.83.148, the director of ((general administration)) financial
management may assess a charge against each state board, commission,
agency, office, department, activity, or other occupant or user of any facility
or other building as authorized in RCW 43.83.130 for payment of a proportion of
costs for each square foot of floor space assigned to or occupied by it.
Payment of the amount so billed to the entity for such occupancy shall be made
annually and in advance at the beginning of each fiscal year. The director of
((general administration)) financial management shall cause the
same to be deposited in the state treasury to the credit of the general fund.
Sec. 82. RCW 43.83.156 and 1979 ex.s. c 230 s 4 are each amended to read as follows:
The principal
proceeds from the sale of the bonds or notes deposited in the state building
construction account of the general fund shall be administered by the ((state
department of general administration)) office of financial management,
subject to legislative appropriation.
Sec. 83. RCW 43.83.176 and 1981 c 235 s 3 are each amended to read as follows:
The principal
proceeds from the sale of the bonds deposited in the state building
construction account of the general fund shall be administered by the ((state
department of general administration)) office of financial management,
subject to legislative appropriation.
Sec. 84. RCW 43.83.188 and 1983 1st ex.s. c 54 s 3 are each amended to read as follows:
The proceeds from
the sale of the bonds deposited under RCW 43.83.186 in the state building
construction account of the general fund shall be administered by the ((department
of general administration)) office of financial management, subject
to legislative appropriation.
Sec. 85. RCW 43.83.202 and 1984 c 271 s 3 are each amended to read as follows:
The proceeds from
the sale of the bonds deposited under RCW 43.83.200 in the state building
construction account of the general fund shall be administered by the ((department
of general administration)) office of financial management, subject
to legislative appropriation.
Sec. 86. RCW 43.88.090 and 2012 c 229 s 587 are each amended to read as follows:
(1) For purposes of developing budget proposals to the legislature, the governor shall have the power, and it shall be the governor's duty, to require from proper agency officials such detailed estimates and other information in such form and at such times as the governor shall direct. The governor shall communicate statewide priorities to agencies for use in developing biennial budget recommendations for their agency and shall seek public involvement and input on these priorities. The estimates for the legislature and the judiciary shall be transmitted to the governor and shall be included in the budget without revision. The estimates for state pension contributions shall be based on the rates provided in chapter 41.45 RCW. Copies of all such estimates shall be transmitted to the standing committees on ways and means of the house and senate at the same time as they are filed with the governor and the office of financial management.
The estimates shall include statements or tables which indicate, by agency, the state funds which are required for the receipt of federal matching revenues. The estimates shall be revised as necessary to reflect legislative enactments and adopted appropriations and shall be included with the initial biennial allotment submitted under RCW 43.88.110. The estimates must reflect that the agency considered any alternatives to reduce costs or improve service delivery identified in the findings of a performance audit of the agency by the joint legislative audit and review committee. Nothing in this subsection requires performance audit findings to be published as part of the budget.
(2) Each state agency shall define its mission and establish measurable goals for achieving desirable results for those who receive its services and the taxpayers who pay for those services. Each agency shall also develop clear strategies and timelines to achieve its goals. This section does not require an agency to develop a new mission or goals in place of identifiable missions or goals that meet the intent of this section. The mission and goals of each agency must conform to statutory direction and limitations.
(3) For the purpose of assessing activity performance, each state agency shall establish quality and productivity objectives for each major activity in its budget. The objectives must be consistent with the missions and goals developed under this section. The objectives must be expressed to the extent practicable in outcome-based, objective, and measurable form unless an exception to adopt a different standard is granted by the office of financial management and approved by the legislative committee on performance review. Objectives must specifically address the statutory purpose or intent of the program or activity and focus on data that measure whether the agency is achieving or making progress toward the purpose of the activity and toward statewide priorities. The office of financial management shall provide necessary professional and technical assistance to assist state agencies in the development of strategic plans that include the mission of the agency and its programs, measurable goals, strategies, and performance measurement systems.
(4) Each state
agency shall adopt procedures for and perform continuous self-assessment of
each activity, using the mission, goals, objectives, and measurements required
under subsections (2) and (3) of this section. The assessment of the activity
must also include an evaluation of major information technology systems or
projects that may assist the agency in achieving or making progress toward the
activity purpose and statewide priorities. The evaluation of proposed major
information technology systems or projects shall be in accordance with the
standards and policies established by the ((information services board))
office of the chief information officer. Agencies' progress toward the
mission, goals, objectives, and measurements required by subsections (2) and
(3) of this section is subject to review as set forth in this subsection.
(a) The office of financial management shall regularly conduct reviews of selected activities to analyze whether the objectives and measurements submitted by agencies demonstrate progress toward statewide results.
(b) The office of financial management shall consult with: (i) The four-year institutions of higher education in those reviews that involve four-year institutions of higher education; and (ii) the state board for community and technical colleges in those reviews that involve two-year institutions of higher education.
(c) The goal is for all major activities to receive at least one review each year.
(d) The office of
((financial management shall consult with the information services board
when conducting reviews of)) the chief information officer shall review
major information technology systems in use by state agencies((. The goal is
that reviews of these information technology systems occur)) periodically.
(5) It is the policy of the legislature that each agency's budget recommendations must be directly linked to the agency's stated mission and program, quality, and productivity goals and objectives. Consistent with this policy, agency budget proposals must include integration of performance measures that allow objective determination of an activity's success in achieving its goals. When a review under subsection (4) of this section or other analysis determines that the agency's objectives demonstrate that the agency is making insufficient progress toward the goals of any particular program or is otherwise underachieving or inefficient, the agency's budget request shall contain proposals to remedy or improve the selected programs. The office of financial management shall develop a plan to merge the budget development process with agency performance assessment procedures. The plan must include a schedule to integrate agency strategic plans and performance measures into agency budget requests and the governor's budget proposal over three fiscal biennia. The plan must identify those agencies that will implement the revised budget process in the 1997-1999 biennium, the 1999-2001 biennium, and the 2001-2003 biennium. In consultation with the legislative fiscal committees, the office of financial management shall recommend statutory and procedural modifications to the state's budget, accounting, and reporting systems to facilitate the performance assessment procedures and the merger of those procedures with the state budget process. The plan and recommended statutory and procedural modifications must be submitted to the legislative fiscal committees by September 30, 1996.
(6) In reviewing agency budget requests in order to prepare the governor's biennial budget request, the office of financial management shall consider the extent to which the agency's activities demonstrate progress toward the statewide budgeting priorities, along with any specific review conducted under subsection (4) of this section.
(7) In the year of the gubernatorial election, the governor shall invite the governor-elect or the governor-elect's designee to attend all hearings provided in RCW 43.88.100; and the governor shall furnish the governor-elect or the governor-elect's designee with such information as will enable the governor-elect or the governor-elect's designee to gain an understanding of the state's budget requirements. The governor-elect or the governor-elect's designee may ask such questions during the hearings and require such information as the governor-elect or the governor-elect's designee deems necessary and may make recommendations in connection with any item of the budget which, with the governor-elect's reasons therefor, shall be presented to the legislature in writing with the budget document. Copies of all such estimates and other required information shall also be submitted to the standing committees on ways and means of the house and senate.
Sec. 87. RCW 43.88.350 and 1998 c 105 s 16 are each amended to read as follows:
Any rate increases
proposed for or any change in the method of calculating charges from the legal
services revolving fund or services provided in accordance with RCW 43.01.090
or 43.19.500 in the ((general administration)) enterprise
services account is subject to approval by the director of financial management
prior to implementation.
Sec. 88. RCW 43.88.560 and 2010 c 282 s 4 are each amended to read as follows:
The director of
financial management shall establish policies and standards governing the
funding of major information technology projects ((as required under RCW
43.105.190(2))). The director of financial management shall also direct the
collection of additional information on information technology projects and
submit an information technology plan as required under RCW 43.88.092.
Sec. 89. RCW 43.96B.215 and 1973 1st ex.s. c 116 s 4 are each amended to read as follows:
At the time the
state finance committee determines to issue such bonds or a portion thereof, it
may, pending the issuing of such bonds, issue, in the name of the state,
temporary notes in anticipation of the money to be derived from the sale of the
bonds, which notes shall be designated as "anticipation notes". Such
portion of the proceeds of the sale of such bonds that may be required for such
purpose shall be applied to the payment of the principal of and interest on
such anticipation notes which have been issued. The proceeds from the sale of
bonds authorized by RCW 43.96B.200 through 43.96B.245 and any interest earned
on the interim investment of such proceeds, shall be deposited in the state
building construction account of the general fund in the state treasury and
shall be used exclusively for the purposes specified in RCW 43.96B.200 through
43.96B.245 and for the payment of expenses incurred in the issuance and sale of
the bonds. The Expo '74 commission is hereby authorized to acquire property,
real and personal, by lease, purchase(([,])), condemnation or
gift to achieve the objectives of chapters 1, 2, and 3, Laws of 1971 ex. sess.,
and RCW 43.96B.200 through 43.96B.245. The commission is further directed
pursuant to RCW 43.19.450 to utilize the department of ((general
administration)) enterprise services to accomplish the purposes set
forth herein.
Sec. 90. RCW 43.101.080 and 2011 c 234 s 1 are each amended to read as follows:
The commission shall have all of the following powers:
(1) To meet at such times and places as it may deem proper;
(2) To adopt any rules and regulations as it may deem necessary;
(3) To contract for services as it deems necessary in order to carry out its duties and responsibilities;
(4) To cooperate with and secure the cooperation of any department, agency, or instrumentality in state, county, and city government, and other commissions affected by or concerned with the business of the commission;
(5) To do any and all things necessary or convenient to enable it fully and adequately to perform its duties and to exercise the power granted to it;
(6) To select and employ an executive director, and to empower him or her to perform such duties and responsibilities as it may deem necessary;
(7) To assume legal, fiscal, and program responsibility for all training conducted by the commission;
(8) To establish, by rule and regulation, standards for the training of criminal justice personnel where such standards are not prescribed by statute;
(9) To own,
establish, and operate, or to contract with other qualified institutions or
organizations for the operation of, training and education programs for
criminal justice personnel and to purchase, lease, or otherwise acquire,
subject to the approval of the department of ((general administration)) enterprise
services, a training facility or facilities necessary to the conducting of
such programs;
(10) To establish, by rule and regulation, minimum curriculum standards for all training programs conducted for employed criminal justice personnel;
(11) To review and approve or reject standards for instructors of training programs for criminal justice personnel, and to employ personnel on a temporary basis as instructors without any loss of employee benefits to those instructors;
(12) To direct the development of alternative, innovate, and interdisciplinary training techniques;
(13) To review and approve or reject training programs conducted for criminal justice personnel and rules establishing and prescribing minimum training and education standards recommended by the training standards and education boards;
(14) To allocate financial resources among training and education programs conducted by the commission;
(15) To allocate training facility space among training and education programs conducted by the commission;
(16) To issue diplomas certifying satisfactory completion of any training or education program conducted or approved by the commission to any person so completing such a program;
(17) To provide for the employment of such personnel as may be practical to serve as temporary replacements for any person engaged in a basic training program as defined by the commission;
(18) To establish rules and regulations recommended by the training standards and education boards prescribing minimum standards relating to physical, mental and moral fitness which shall govern the recruitment of criminal justice personnel where such standards are not prescribed by statute or constitutional provision;
(19) To require county, city, or state law enforcement agencies that make a conditional offer of employment to an applicant as a fully commissioned peace officer or a reserve officer to administer a background investigation including a check of criminal history, a psychological examination, and a polygraph test or similar assessment to each applicant, the results of which shall be used by the employer to determine the applicant's suitability for employment as a fully commissioned peace officer or a reserve officer. The background investigation, psychological examination, and the polygraph examination shall be administered in accordance with the requirements of RCW 43.101.095(2). The employing county, city, or state law enforcement agency may require that each peace officer or reserve officer who is required to take a psychological examination and a polygraph or similar test pay a portion of the testing fee based on the actual cost of the test or four hundred dollars, whichever is less. County, city, and state law enforcement agencies may establish a payment plan if they determine that the peace officer or reserve officer does not readily have the means to pay for his or her portion of the testing fee;
(20) To promote positive relationships between law enforcement and the citizens of the state of Washington by allowing commissioners and staff to participate in the "chief for a day program." The executive director shall designate staff who may participate. In furtherance of this purpose, the commission may accept grants of funds and gifts and may use its public facilities for such purpose. At all times, the participation of commissioners and staff shall comply with chapter 42.52 RCW and chapter 292-110 WAC.
All rules and regulations adopted by the commission shall be adopted and administered pursuant to the administrative procedure act, chapter 34.05 RCW, and the open public meetings act, chapter 42.30 RCW.
Sec. 91. RCW 43.325.020 and 2009 c 451 s 3 are each amended to read as follows:
(1) The energy freedom program is established within the department. The director may establish policies and procedures necessary for processing, reviewing, and approving applications made under this chapter.
(2) When reviewing
applications submitted under this program, the director shall consult with
those agencies and other public entities having expertise and knowledge to
assess the technical and business feasibility of the project and probability of
success. These agencies may include, but are not limited to, Washington State
University, the University of Washington, the department of ecology, the
department of natural resources, the department of agriculture, the department
of ((general administration)) enterprise services, local clean
air authorities, the Washington state conservation commission, and the clean
energy leadership council created in section 2, chapter 318, Laws of 2009.
(3) Except as provided in subsections (4) and (5) of this section, the director, in cooperation with the department of agriculture, may approve an application only if the director finds:
(a) The project will convert farm products, wastes, cellulose, or biogas directly into electricity or biofuel or other coproducts associated with such conversion;
(b) The project demonstrates technical feasibility and directly assists in moving a commercially viable project into the marketplace for use by Washington state citizens;
(c) The facility will produce long-term economic benefits to the state, a region of the state, or a particular community in the state;
(d) The project does not require continuing state support;
(e) The assistance will result in new jobs, job retention, or higher incomes for citizens of the state;
(f) The state is
provided an option under the assistance agreement to purchase a portion of the
fuel or feedstock to be produced by the project, exercisable by the department
of ((general administration)) enterprise services;
(g) The project will increase energy independence or diversity for the state;
(h) The project will use feedstocks produced in the state, if feasible, except this criterion does not apply to the construction of facilities used to distribute and store fuels that are produced from farm products or wastes;
(i) Any product produced by the project will be suitable for its intended use, will meet accepted national or state standards, and will be stored and distributed in a safe and environmentally sound manner;
(j) The application provides for adequate reporting or disclosure of financial and employment data to the director, and permits the director to require an annual or other periodic audit of the project books; and
(k) For research and development projects, the application has been independently reviewed by a peer review committee as defined in RCW 43.325.010 and the findings delivered to the director.
(4) When reviewing an application for a refueling project, the coordinator may award a grant or a loan to an applicant if the director finds:
(a) The project will offer alternative fuels to the motoring public;
(b) The project does not require continued state support;
(c) The project is located within a green highway zone as defined in RCW 43.325.010;
(d) The project will contribute towards an efficient and adequately spaced alternative fuel refueling network along the green highways designated in RCW 47.17.020, 47.17.135, and 47.17.140; and
(e) The project will result in increased access to alternative fueling infrastructure for the motoring public along the green highways designated in RCW 47.17.020, 47.17.135, and 47.17.140.
(5) When reviewing an application for energy efficiency improvements, renewable energy improvements, or innovative energy technology, the director may award a grant or a loan to an applicant if the director finds:
(a) The project or program will result in increased access for the public, state and local governments, and businesses to energy efficiency improvements, renewable energy improvements, or innovative energy technologies;
(b) The project or program demonstrates technical feasibility and directly assists in moving a commercially viable project into the marketplace for use by Washington state citizens;
(c) The project or program does not require continued state support; or
(d) The federal government has provided funds with a limited time frame for use for energy independence and security, energy efficiency, renewable energy, innovative energy technologies, or conservation.
(6)(a) The director may approve a project application for assistance under subsection (3) of this section up to five million dollars. In no circumstances shall this assistance constitute more than fifty percent of the total project cost.
(b) The director may approve a refueling project application for a grant or a loan under subsection (4) of this section up to fifty thousand dollars. In no circumstances shall a grant or a loan award constitute more than fifty percent of the total project cost.
(7) The director shall enter into agreements with approved applicants to fix the terms and rates of the assistance to minimize the costs to the applicants, and to encourage establishment of a viable bioenergy or biofuel industry, or a viable energy efficiency, renewable energy, or innovative energy technology industry. The agreement shall include provisions to protect the state's investment, including a requirement that a successful applicant enter into contracts with any partners that may be involved in the use of any assistance provided under this program, including services, facilities, infrastructure, or equipment. Contracts with any partners shall become part of the application record.
(8) The director may defer any payments for up to twenty-four months or until the project starts to receive revenue from operations, whichever is sooner.
Sec. 92. RCW 43.325.030 and 2009 c 451 s 4 are each amended to read as follows:
The director of the department shall appoint a coordinator that is responsible for:
(1) Managing, directing, inventorying, and coordinating state efforts to promote, develop, and encourage biofuel and energy efficiency, renewable energy, and innovative energy technology markets in Washington;
(2) Developing, coordinating, and overseeing the implementation of a plan, or series of plans, for the production, transport, distribution, and delivery of biofuels produced predominantly from recycled products or Washington feedstocks;
(3) Working with
the departments of transportation and ((general administration)) enterprise
services, and other applicable state and local governmental entities and
the private sector, to ensure the development of biofuel fueling stations for
use by state and local governmental motor vehicle fleets, and to provide
greater availability of public biofuel fueling stations for use by state and
local governmental motor vehicle fleets;
(4) Coordinating with the Western Washington University alternative automobile program for opportunities to support new Washington state technology for conversion of fossil fuel fleets to biofuel, hybrid, or alternative fuel propulsion;
(5) Coordinating with the University of Washington's college of forest management and the Olympic natural resources center for the identification of barriers to using the state's forest resources for fuel production, including the economic and transportation barriers of physically bringing forest biomass to the market;
(6) Coordinating with the department of agriculture and Washington State University for the identification of other barriers for future biofuels development and development of strategies for furthering the penetration of the Washington state fossil fuel market with Washington produced biofuels, particularly among public entities.
Sec. 93. RCW 43.330.907 and 2010 c 271 s 308 are each amended to read as follows:
(1) All powers,
duties, and functions of the department of commerce pertaining to
administrative and support services for the state building code council are
transferred to the department of ((general administration)) enterprise
services. All references to the director or the department of commerce in
the Revised Code of Washington shall be construed to mean the director or the
department of ((general administration)) enterprise services when
referring to the functions transferred in this section. Policy and planning
assistance functions performed by the department of commerce remain with the
department of commerce.
(2)(a) All reports,
documents, surveys, books, records, files, papers, or written material in the
possession of the department of commerce pertaining to the powers, functions,
and duties transferred shall be delivered to the custody of the department of
((general administration)) enterprise services. All cabinets,
furniture, office equipment, motor vehicles, and other tangible property
employed by the department of commerce in carrying out the powers, functions,
and duties transferred shall be made available to the department of ((general
administration)) enterprise services. All funds, credits, or other
assets held in connection with the powers, functions, and duties transferred
shall be assigned to the department of ((general administration)) enterprise
services.
(b) Any appropriations
made to the department of commerce for carrying out the powers, functions, and
duties transferred shall, on July 1, 2010, be transferred and credited to the
department of ((general administration)) enterprise services.
(c) Whenever any question arises as to the transfer of any personnel, funds, books, documents, records, papers, files, equipment, or other tangible property used or held in the exercise of the powers and the performance of the duties and functions transferred, the director of financial management shall make a determination as to the proper allocation and certify the same to the state agencies concerned.
(3) All employees
of the department of commerce engaged in performing the powers, functions, and
duties transferred are transferred to the jurisdiction of the department of ((general
administration)) enterprise services. All employees classified under
chapter 41.06 RCW, the state civil service law, are assigned to the department
of ((general administration)) enterprise services to perform
their usual duties upon the same terms as formerly, without any loss of rights,
subject to any action that may be appropriate thereafter in accordance with the
laws and rules governing state civil service.
(4) All rules and
all pending business before the department of commerce pertaining to the
powers, functions, and duties transferred shall be continued and acted upon by
the department of ((general administration)) enterprise services.
All existing contracts and obligations shall remain in full force and shall be
performed by the department of ((general administration)) enterprise
services.
(5) The transfer of the powers, duties, functions, and personnel of the department of commerce shall not affect the validity of any act performed before July 1, 2010.
(6) If apportionments of budgeted funds are required because of the transfers directed by this section, the director of financial management shall certify the apportionments to the agencies affected, the state auditor, and the state treasurer. Each of these shall make the appropriate transfer and adjustments in funds and appropriation accounts and equipment records in accordance with the certification.
(7) All classified
employees of the department of commerce assigned to the department of ((general
administration)) enterprise services under this section whose
positions are within an existing bargaining unit description at the department
of ((general administration)) enterprise services shall become a
part of the existing bargaining unit at the department of ((general
administration)) enterprise services and shall be considered an
appropriate inclusion or modification of the existing bargaining unit under the
provisions of chapter 41.80 RCW.
Sec. 94. RCW 43.331.040 and 2010 1st sp.s. c 35 s 301 are each amended to read as follows:
(1) The department
of commerce, in consultation with the department of ((general administration))
enterprise services and the Washington State University energy program,
shall administer the jobs act.
(2) The department
of ((general administration)) enterprise services must develop
guidelines that are consistent with national and international energy savings
performance standards for the implementation of energy savings performance
contracting projects by the energy savings performance contractors by December
31, 2010.
(3) The definitions
in this section apply throughout this chapter ((and RCW 43.331.050))
unless the context clearly requires otherwise.
(a) "Cost-effectiveness" means that the present value to higher education institutions and school districts of the energy reasonably expected to be saved or produced by a facility, activity, measure, or piece of equipment over its useful life, including any compensation received from a utility or the Bonneville power administration, is greater than the net present value of the costs of implementing, maintaining, and operating such facility, activity, measure, or piece of equipment over its useful life, when discounted at the cost of public borrowing.
(b) "Energy cost savings" means savings realized in expenses for energy use and expenses associated with water, wastewater, or solid waste systems.
(c) "Energy equipment" means energy management systems and any equipment, materials, or supplies that are expected, upon installation, to reduce the energy use or energy cost of an existing building or facility, and the services associated with the equipment, materials, or supplies, including but not limited to design, engineering, financing, installation, project management, guarantees, operations, and maintenance. Reduction in energy use or energy cost may also include reductions in the use or cost of water, wastewater, or solid waste.
(d) "Energy savings performance contracting" means the process authorized by chapter 39.35C RCW by which a company contracts with a public agency to conduct energy audits and guarantee energy savings from energy efficiency.
(e) "Innovative measures" means advanced or emerging technologies, systems, or approaches that may not yet be in common practice but improve energy efficiency, accelerate deployment, or reduce energy usage, and become widely commercially available in the future if proven successful in demonstration programs without compromising the guaranteed performance or measurable energy and operational cost savings anticipated. Examples of innovative measures include, but are not limited to, advanced energy and systems operations monitoring, diagnostics, and controls systems for buildings; novel heating, cooling, ventilation, and water heating systems; advanced windows and insulation technologies, highly efficient lighting technologies, designs, and controls; and integration of renewable energy sources into buildings, and energy savings verification technologies and solutions.
(f) "Operational cost savings" means savings realized from parts, service fees, capital renewal costs, and other measurable annual expenses to maintain and repair systems. This definition does not mean labor savings related to existing facility staff.
(g) "Public facilities" means buildings, building components, and major equipment or systems owned by public school districts and public higher education institutions.
Sec. 95. RCW 43.331.050 and 2010 1st sp.s. c 35 s 302 are each amended to read as follows:
(1) Within
appropriations specifically provided for the purposes of this chapter, the
department of commerce, in consultation with the department of ((general
administration)) enterprise services, and the Washington State
University energy program shall establish a competitive process to solicit and
evaluate applications from public school districts, public higher education
institutions, and other state agencies. Final grant awards shall be determined
by the department of commerce.
(2) Grants must be awarded in competitive rounds, based on demand and capacity, with at least five percent of each grant round awarded to small public school districts with fewer than one thousand full-time equivalent students, based on demand and capacity.
(3) Within each competitive round, projects must be weighted and prioritized based on the following criteria and in the following order:
(a) Leverage ratio: In each round, the higher the leverage ratio of nonstate funding sources to state jobs act grant, the higher the project ranking.
(b) Energy savings: In each round, the higher the energy savings, the higher the project ranking. Applicants must submit documentation that demonstrates energy and operational cost savings resulting from the installation of the energy equipment and improvements. The energy savings analysis must be performed by a licensed engineer and documentation must include but is not limited to the following:
(i) A description of the energy equipment and improvements;
(ii) A description of the energy and operational cost savings; and
(iii) A description of the extent to which the project employs collaborative and innovative measures and encourages demonstration of new and emerging technologies with high energy savings or energy cost reductions.
(c) Expediency of expenditure: Project readiness to spend funds must be prioritized so that the legislative intent to expend funds quickly is met.
(4) Projects that
do not use energy savings performance contracting must: (a) Verify energy and
operational cost savings, as defined in RCW 43.331.040, for ten years or until
the energy and operational costs savings pay for the project, whichever is
shorter; (b) follow the department of ((general administration's)) enterprise
services' energy savings performance contracting project guidelines
developed pursuant to RCW 43.331.040; and (c) employ a licensed engineer for
the energy audit and construction. The department of commerce may require
third-party verification of savings if a project is not implemented by an
energy savings performance contractor selected by the department of ((general
administration)) enterprise services through the request of
qualifications process. Third-party verification must be conducted either by an
energy savings performance contractor selected by the department of ((general
administration)) enterprise services through a request for
qualifications, a licensed engineer specializing in energy conservation, or by
a project resource conservation manager or educational service district
resource conservation manager.
(5) To intensify competition, the department of commerce may only award funds to the top eighty-five percent of projects applying in a round until the department of commerce determines a final round is appropriate. Projects that do not receive a grant award in one round may reapply in subsequent rounds.
(6) To match federal grants and programs that require state matching funds and produce significantly higher efficiencies in operations and utilities, the level of innovation criteria may be increased for the purposes of weighted scoring to capture those federal dollars for selected projects that require a higher level of innovation and regional collaboration.
(7) Grant amounts awarded to each project must allow for the maximum number of projects funded with the greatest energy and cost benefit.
(8)(a) The department of commerce must use bond proceeds to pay one-half of the preliminary audit, up to five cents per square foot, if the project does not meet the school district's and higher education institution's predetermined cost-effectiveness criteria. School districts and higher education institutions must pay the other one-half of the cost of the preliminary audit if the project does not meet their predetermined cost-effectiveness criteria.
(b) The energy savings performance contractor may not charge for an investment grade audit if the project does not meet the school district's and higher education institution's predetermined cost-effectiveness criteria. School districts and higher education institutions must pay the full price of an investment grade audit if they do not proceed with a project that meets the school district's and higher education institution's predetermined cost-effectiveness criteria.
(9) The department
of commerce may charge projects administrative fees and may pay the department
of ((general administration)) enterprise services and the
Washington State University energy program administration fees in an amount
determined through a memorandum of understanding.
(10) The department
of commerce and the department of ((general administration)) enterprise
services must submit a joint report to the appropriate committees of the
legislature and the office of financial management on the timing and use of the
grant funds, program administrative function, compliance with apprenticeship
utilization requirements in RCW 39.04.320, compliance with prevailing wage
requirements, and administration fees by the end of each fiscal year, until the
funds are fully expended and all savings verification requirements are
fulfilled.
Sec. 96. RCW 44.68.065 and 2010 c 282 s 8 are each amended to read as follows:
The legislative service center, under the direction of the joint legislative systems committee and the joint legislative systems administrative committee, shall:
(1) Develop a
legislative information technology portfolio consistent with the provisions of
RCW ((43.105.172)) 43.41A.110;
(2) Participate in
the development of an enterprise-based statewide information technology
strategy ((as defined in RCW 43.105.019));
(3) Ensure the legislative information technology portfolio is organized and structured to clearly indicate participation in and use of enterprise-wide information technology strategies;
(4) As part of the
biennial budget process, submit the legislative information technology
portfolio to the chair and ranking member of the ways and means committees of
the house of representatives and the senate, the office of financial
management, and the ((department of information services)) office of
the chief information officer.
Sec. 97. RCW 44.73.010 and 2007 c 453 s 2 are each amended to read as follows:
(1) There is created in the legislature a legislative gift center for the retail sale of products bearing the state seal, Washington state souvenirs, other Washington products, and other products as approved. Wholesale purchase of products for sale at the legislative gift center is not subject to competitive bidding.
(2) Governance for the legislative gift center shall be under the chief clerk of the house of representatives and the secretary of the senate. They may designate a legislative staff member as the lead staff person to oversee management and operation of the gift shop.
(3) The chief clerk
of the house of representatives and secretary of the senate shall consult with
the department of ((general administration)) enterprise services
in planning, siting, and maintaining legislative building space for the gift
center.
(4) Products bearing the "Seal of the State of Washington" as described in Article XVIII, section 1 of the Washington state Constitution and RCW 1.20.080, must be purchased from the secretary of state pursuant to an agreement between the chief clerk of the house of representatives, the secretary of the senate, and the secretary of state.
Sec. 98. RCW 46.08.065 and 1998 c 111 s 4 are each amended to read as follows:
(1) It is unlawful for any public officer having charge of any vehicle owned or controlled by any county, city, town, or public body in this state other than the state of Washington and used in public business to operate the same upon the public highways of this state unless and until there shall be displayed upon such automobile or other motor vehicle in letters of contrasting color not less than one and one-quarter inches in height in a conspicuous place on the right and left sides thereof, the name of such county, city, town, or other public body, together with the name of the department or office upon the business of which the said vehicle is used. This section shall not apply to vehicles of a sheriff's office, local police department, or any vehicles used by local peace officers under public authority for special undercover or confidential investigative purposes. This subsection shall not apply to: (a) Any municipal transit vehicle operated for purposes of providing public mass transportation; (b) any vehicle governed by the requirements of subsection (4) of this section; nor to (c) any motor vehicle on loan to a school district for driver training purposes. It shall be lawful and constitute compliance with the provisions of this section, however, for the governing body of the appropriate county, city, town, or public body other than the state of Washington or its agencies to adopt and use a distinctive insignia which shall be not less than six inches in diameter across its smallest dimension and which shall be displayed conspicuously on the right and left sides of the vehicle. Such insignia shall be in a color or colors contrasting with the vehicle to which applied for maximum visibility. The name of the public body owning or operating the vehicle shall also be included as part of or displayed above such approved insignia in colors contrasting with the vehicle in letters not less than one and one-quarter inches in height. Immediately below the lettering identifying the public entity and agency operating the vehicle or below an approved insignia shall appear the words "for official use only" in letters at least one inch high in a color contrasting with the color of the vehicle. The appropriate governing body may provide by rule or ordinance for marking of passenger motor vehicles as prescribed in subsection (2) of this section or for exceptions to the marking requirements for local governmental agencies for the same purposes and under the same circumstances as permitted for state agencies under subsection (3) of this section.
(2) Except as
provided by subsections (3) and (4) of this section, passenger motor vehicles
owned or controlled by the state of Washington, and purchased after July 1,
1989, must be plainly and conspicuously marked on the lower left-hand corner of
the rear window with the name of the operating agency or institution or the
words "state motor pool," as appropriate, the words "state of
Washington — for official use only," and the seal of the state of
Washington or the appropriate agency or institution insignia, approved by the
department of ((general administration)) enterprise services.
Markings must be on a transparent adhesive material and conform to the
standards established by the department of ((general administration)) enterprise
services. For the purposes of this section, "passenger motor
vehicles" means sedans, station wagons, vans, light trucks, or other motor
vehicles under ten thousand pounds gross vehicle weight.
(3) Subsection (2)
of this section shall not apply to vehicles used by the Washington state patrol
for general undercover or confidential investigative purposes. Traffic control
vehicles of the Washington state patrol may be exempted from the requirements
of subsection (2) of this section at the discretion of the chief of the
Washington state patrol. The department of ((general administration)) enterprise
services shall adopt general rules permitting other exceptions to the
requirements of subsection (2) of this section for other vehicles used for law
enforcement, confidential public health work, and public assistance fraud or
support investigative purposes, for vehicles leased or rented by the state on a
casual basis for a period of less than ninety days, and those provided for in
RCW 46.08.066(((3))). The exceptions in this subsection, subsection (4)
of this section, and those provided for in RCW 46.08.066(((3))) shall be
the only exceptions permitted to the requirements of subsection (2) of this
section.
(4) Any motorcycle, vehicle over 10,000 pounds gross vehicle weight, or other vehicle that for structural reasons cannot be marked as required by subsection (1) or (2) of this section that is owned or controlled by the state of Washington or by any county, city, town, or other public body in this state and used for public purposes on the public highways of this state shall be conspicuously marked in letters of a contrasting color with the words "State of Washington" or the name of such county, city, town, or other public body, together with the name of the department or office that owns or controls the vehicle.
(5) All motor vehicle markings required under the terms of this chapter shall be maintained in a legible condition at all times.
Sec. 99. RCW 46.08.150 and 2010 c 161 s 1112 are each amended to read as follows:
The director of ((general
administration)) enterprise services shall have power to devise and
promulgate rules and regulations for the control of vehicular and pedestrian
traffic and the parking of motor vehicles on the state capitol grounds.
However, the monetary penalty for parking a motor vehicle without a valid
special license plate or placard in a parking place reserved for persons with
physical disabilities shall be the same as provided in RCW 46.19.050. Such
rules and regulations shall be promulgated by publication in one issue of a
newspaper published at the state capitol and shall be given such further
publicity as the director may deem proper.
Sec. 100. RCW 46.08.172 and 1995 c 215 s 4 are each amended to read as follows:
The director of the
department of ((general administration)) enterprise services
shall establish equitable and consistent parking rental fees for the capitol
campus and may, if requested by agencies, establish equitable and consistent
parking rental fees for agencies off the capitol campus, to be charged to
employees, visitors, clients, service providers, and others, that reflect the
legislature's intent to reduce state subsidization of parking or to meet the
commute trip reduction goals established in RCW 70.94.527. All fees shall take
into account the market rate of comparable privately owned rental parking, as
determined by the director. However, parking rental fees are not to exceed the
local market rate of comparable privately owned rental parking.
The director may delegate the responsibility for the collection of parking fees to other agencies of state government when cost-effective.
Sec. 101. RCW 47.60.830 and 2008 c 126 s 4 are each amended to read as follows:
In performing the
function of operating its ferry system, the department may, subject to the
availability of amounts appropriated for this specific purpose and after
consultation with the department of ((general administration's office of
state procurement)) enterprise services, explore and implement
strategies designed to reduce the overall cost of fuel and mitigate the impact
of market fluctuations and pressure on both short-term and long-term fuel
costs. These strategies may include, but are not limited to, futures contracts,
hedging, swap transactions, option contracts, costless collars, and long-term
storage. The department shall periodically submit a report to the
transportation committees of the legislature and the ((office of state
procurement)) department of enterprise services on the status of any
such implemented strategies, including cost mitigation results, a description
of each contract established to mitigate fuel costs, the amounts of fuel
covered by the contracts, the cost mitigation results, and any related
recommendations. The first report must be submitted within one year of
implementation.
NEW SECTION. Sec. 102. A new section is added to chapter 49.74 RCW to read as follows:
If no agreement can be reached under RCW 49.74.030, the commission may refer the matter to the administrative law judge for hearing pursuant to RCW 49.60.250. If the administrative law judge finds that the state agency, institution of higher education, or state patrol has not made a good faith effort to correct the noncompliance, the administrative law judge shall order the state agency, institution of higher education, or state patrol to comply with this chapter. The administrative law judge may order any action that may be necessary to achieve compliance, provided such action is not inconsistent with the rules adopted under RCW 41.06.150(6) and 43.43.340(5), whichever is appropriate.
An order by the administrative law judge may be appealed to superior court.
Sec. 103. RCW 70.58.005 and 2009 c 231 s 1 are each amended to read as follows:
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
(1) "Business days" means Monday through Friday except official state holidays.
(2) "Department" means the department of health.
(3)
"Electronic approval" or "electronically approve" means
approving the content of an electronically filed vital record through the
processes provided by the department. Electronic approval processes shall be
consistent with policies, standards, and procedures developed by the ((information
services board under RCW 43.105.041)) office of the chief information
officer.
(4) "Embalmer" means a person licensed as required in chapter 18.39 RCW and defined in RCW 18.39.010.
(5) "Funeral director" means a person licensed as required in chapter 18.39 RCW and defined in RCW 18.39.010.
(6) "Vital records" means records of birth, death, fetal death, marriage, dissolution, annulment, and legal separation, as maintained under the supervision of the state registrar of vital statistics.
Sec. 104. RCW 70.94.537 and 2011 1st sp.s. c 21 s 26 are each amended to read as follows:
(1) A sixteen member state commute trip reduction board is established as follows:
(a) The secretary of transportation or the secretary's designee who shall serve as chair;
(b) One representative from the office of financial management;
(c) The director or the director's designee of one of the following agencies, to be determined by the secretary of transportation:
(i) Department of
((general administration)) enterprise services;
(ii) Department of ecology;
(iii) Department of commerce;
(d) Three representatives from cities and towns or counties appointed by the secretary of transportation for staggered four-year terms from a list recommended by the association of Washington cities or the Washington state association of counties;
(e) Two representatives from transit agencies appointed by the secretary of transportation for staggered four-year terms from a list recommended by the Washington state transit association;
(f) Two representatives from participating regional transportation planning organizations appointed by the secretary of transportation for staggered four-year terms;
(g) Four representatives of employers at or owners of major worksites in Washington, or transportation management associations, business improvement areas, or other transportation organizations representing employers, appointed by the secretary of transportation for staggered four-year terms; and
(h) Two citizens appointed by the secretary of transportation for staggered four-year terms.
Members of the commute trip reduction board shall serve without compensation but shall be reimbursed for travel expenses as provided in RCW 43.03.050 and 43.03.060. Members appointed by the secretary of transportation shall be compensated in accordance with RCW 43.03.220. The board has all powers necessary to carry out its duties as prescribed by this chapter.
(2) By March 1, 2007, the department of transportation shall establish rules for commute trip reduction plans and implementation procedures. The commute trip reduction board shall advise the department on the content of the rules. The rules are intended to ensure consistency in commute trip reduction plans and goals among jurisdictions while fairly taking into account differences in employment and housing density, employer size, existing and anticipated levels of transit service, special employer circumstances, and other factors the board determines to be relevant. The rules shall include:
(a) Guidance criteria for growth and transportation efficiency centers;
(b) Data measurement methods and procedures for determining the efficacy of commute trip reduction activities and progress toward meeting commute trip reduction plan goals;
(c) Model commute trip reduction ordinances;
(d) Methods for assuring consistency in the treatment of employers who have worksites subject to the requirements of this chapter in more than one jurisdiction;
(e) An appeals process by which major employers, who as a result of special characteristics of their business or its locations would be unable to meet the requirements of a commute trip reduction plan, may obtain a waiver or modification of those requirements and criteria for determining eligibility for waiver or modification;
(f) Establishment of a process for determining the state's affected areas, including criteria and procedures for regional transportation planning organizations in consultation with local jurisdictions to propose to add or exempt urban growth areas;
(g) Listing of the affected areas of the program to be done every four years as identified in subsection (5) of this section;
(h) Establishment of a criteria and application process to determine whether jurisdictions that voluntarily implement commute trip reduction are eligible for state funding;
(i) Guidelines and deadlines for creating and updating local commute trip reduction plans, including guidance to ensure consistency between the local commute trip reduction plan and the transportation demand management strategies identified in the transportation element in the local comprehensive plan, as required by RCW 36.70A.070;
(j) Guidelines for creating and updating regional commute trip reduction plans, including guidance to ensure the regional commute trip reduction plan is consistent with and incorporated into transportation demand management components in the regional transportation plan;
(k) Methods for regional transportation planning organizations to evaluate and certify that designated growth and transportation efficiency center programs meet the minimum requirements and are eligible for funding;
(l) Guidelines for creating and updating growth and transportation efficiency center programs; and
(m) Establishment of statewide program goals. The goals shall be designed to achieve substantial reductions in the proportion of single-occupant vehicle commute trips and the commute trip vehicle miles traveled per employee, at a level that is projected to improve the mobility of people and goods by increasing the efficiency of the state highway system.
(3) The board shall create a state commute trip reduction plan that shall be updated every four years as discussed in subsection (5) of this section. The state commute trip reduction plan shall include, but is not limited to: (a) Statewide commute trip reduction program goals that are designed to substantially improve the mobility of people and goods; (b) identification of strategies at the state and regional levels to achieve the goals and recommendations for how transportation demand management strategies can be targeted most effectively to support commute trip reduction program goals; (c) performance measures for assessing the cost-effectiveness of commute trip reduction strategies and the benefits for the state transportation system; and (d) a sustainable financial plan. The board shall review and approve regional commute trip reduction plans, and work collaboratively with regional transportation planning organizations in the establishment of the state commute trip reduction plan.
(4) The board shall work with affected jurisdictions, major employers, and other parties to develop and implement a public awareness campaign designed to increase the effectiveness of local commute trip reduction programs and support achievement of the objectives identified in this chapter.
(5) The board shall evaluate and update the commute trip reduction program plan and recommend changes to the rules every four years, with the first assessment report due July 1, 2011, to ensure that the latest data methodology used by the department of transportation is incorporated into the program and to determine which areas of the state should be affected by the program. The board shall review the definition of a major employer no later than December 1, 2009. The board shall regularly identify urban growth areas that are projected to be affected by chapter 329, Laws of 2006 in the next four-year period and may provide advance planning support to the potentially affected jurisdictions.
(6) The board shall
review progress toward implementing commute trip reduction plans and programs
and the costs and benefits of commute trip reduction plans and programs and
shall make recommendations to the legislature and the governor by December 1,
2009, and every two years thereafter. In assessing the costs and benefits, the
board shall consider the costs of not having implemented commute trip reduction
plans and programs ((with the assistance of the transportation performance
audit board authorized under chapter 44.75 RCW)). The board shall examine
other transportation demand management programs nationally and incorporate its
findings into its recommendations to the legislature. The recommendations shall
address the need for continuation, modification, or termination or any or all
requirements of this chapter.
(7) The board shall invite personnel with appropriate expertise from state, regional, and local government, private, public, and nonprofit providers of transportation services, and employers or owners of major worksites in Washington to act as a technical advisory group. The technical advisory group shall advise the board on the implementation of local and regional commute trip reduction plans and programs, program evaluation, program funding allocations, and state rules and guidelines.
Sec. 105. RCW 70.94.551 and 2009 c 427 s 3 are each amended to read as follows:
(1) The secretary
of the department of transportation may coordinate an interagency board or
other interested parties for the purpose of developing policies or guidelines
that promote consistency among state agency commute trip reduction programs
required by RCW 70.94.527 and 70.94.531 or developed under the joint comprehensive
commute trip reduction plan described in this section. The board shall include
representatives of the departments of transportation, ((general
administration)) enterprise services, ecology, and ((community,
trade, and economic development)) commerce and such other
departments and interested groups as the secretary of the department of
transportation determines to be necessary. Policies and guidelines shall be
applicable to all state agencies including but not limited to policies and
guidelines regarding parking and parking charges, employee incentives for
commuting by other than single-occupant automobiles, flexible and alternative
work schedules, alternative worksites, and the use of state-owned vehicles for
car and van pools and guaranteed rides home. The policies and guidelines shall
also consider the costs and benefits to state agencies of achieving commute
trip reductions and consider mechanisms for funding state agency commute trip
reduction programs.
(2) State agencies sharing a common location in affected urban growth areas where the total number of state employees is one hundred or more shall, with assistance from the department of transportation, develop and implement a joint commute trip reduction program. The worksite must be treated as specified in RCW 70.94.531 and 70.94.534.
(3) The department of transportation shall develop a joint comprehensive commute trip reduction plan for all state agencies, including institutions of higher education, located in the Olympia, Lacey, and Tumwater urban growth areas.
(a) In developing the joint comprehensive commute trip reduction plan, the department of transportation shall work with applicable state agencies, including institutions of higher education, and shall collaborate with the following entities: Local jurisdictions; regional transportation planning organizations as described in chapter 47.80 RCW; transit agencies, including regional transit authorities as described in chapter 81.112 RCW and transit agencies that serve areas within twenty-five miles of the Olympia, Lacey, or Tumwater urban growth areas; and the capitol campus design advisory committee established in RCW 43.34.080.
(b) The joint comprehensive commute trip reduction plan must build on existing commute trip reduction programs and policies. At a minimum, the joint comprehensive commute trip reduction plan must include strategies for telework and flexible work schedules, parking management, and consideration of the impacts of worksite location and design on multimodal transportation options.
(c) The joint comprehensive commute trip reduction plan must include performance measures and reporting methods and requirements.
(d) The joint comprehensive commute trip reduction plan may include strategies to accommodate differences in worksite size and location.
(e) The joint comprehensive commute trip reduction plan must be consistent with jurisdictional and regional transportation, land use, and commute trip reduction plans, the state six-year facilities plan, and the master plan for the capitol of the state of Washington.
(f) Not more than ninety days after the adoption of the joint comprehensive commute trip reduction plan, state agencies within the three urban growth areas must implement a commute trip reduction program consistent with the objectives and strategies of the joint comprehensive commute trip reduction plan.
(4) The department of transportation shall review the initial commute trip reduction program of each state agency subject to the commute trip reduction plan for state agencies to determine if the program is likely to meet the applicable commute trip reduction goals and notify the agency of any deficiencies. If it is found that the program is not likely to meet the applicable commute trip reduction goals, the department of transportation will work with the agency to modify the program as necessary.
(5) Each state agency implementing a commute trip reduction plan shall report at least once per year to its agency director on the performance of the agency's commute trip reduction program as part of the agency's quality management, accountability, and performance system as defined by RCW 43.17.385. The reports shall assess the performance of the program, progress toward state goals established under RCW 70.94.537, and recommendations for improving the program.
(6) The department of transportation shall review the agency performance reports defined in subsection (5) of this section and submit a biennial report for state agencies subject to this chapter to the governor and incorporate the report in the commute trip reduction board report to the legislature as directed in RCW 70.94.537(6). The report shall include, but is not limited to, an evaluation of the most recent measurement results, progress toward state goals established under RCW 70.94.537, and recommendations for improving the performance of state agency commute trip reduction programs. The information shall be reported in a form established by the commute trip reduction board.
Sec. 106. RCW 70.95.265 and 1995 c 399 s 190 are each amended to read as follows:
The department
shall work closely with the department of ((community, trade, and economic
development)) commerce, the department of ((general
administration)) enterprise services, and with other state
departments and agencies, the Washington state association of counties, the
association of Washington cities, and business associations, to carry out the
objectives and purposes of chapter 41, Laws of 1975-'76 2nd ex. sess.
Sec. 107. RCW 70.95C.110 and 1989 c 431 s 53 are each amended to read as follows:
The legislature finds and declares that the buildings and facilities owned and leased by state government produce significant amounts of solid and hazardous wastes, and actions must be taken to reduce and recycle these wastes and thus reduce the costs associated with their disposal. In order for the operations of state government to provide the citizens of the state an example of positive waste management, the legislature further finds and declares that state government should undertake an aggressive program designed to reduce and recycle solid and hazardous wastes produced in the operations of state buildings and facilities to the maximum extent possible.
The office of waste
reduction, in cooperation with the department of ((general administration))
enterprise services, shall establish an intensive waste reduction and
recycling program to promote the reduction of waste produced by state agencies
and to promote the source separation and recovery of recyclable and reusable
materials.
All state agencies,
including but not limited to, colleges, community colleges, universities,
offices of elected and appointed officers, the supreme court, court of appeals,
and administrative departments of state government shall fully cooperate with
the office of waste reduction and recycling in all phases of implementing the
provisions of this section. The office shall establish a coordinated state plan
identifying each agency's participation in waste reduction and recycling. The
office shall develop the plan in cooperation with a multiagency committee on
waste reduction and recycling. Appointments to the committee shall be made by
the director of the department of ((general administration)) enterprise
services. The director shall notify each agency of the committee, which
shall implement the applicable waste reduction and recycling plan elements. All
state agencies are to use maximum efforts to achieve a goal of increasing the
use of recycled paper by fifty percent by July 1, 1993.
Sec. 108. RCW 70.95H.030 and 1992 c 131 s 2 are each amended to read as follows:
The center shall:
(1) Provide targeted business assistance to recycling businesses, including:
(a) Development of business plans;
(b) Market research and planning information;
(c) Access to financing programs;
(d) Referral and information on market conditions; and
(e) Information on new technology and product development;
(2) Negotiate voluntary agreements with manufacturers to increase the use of recycled materials in product development;
(3) Support and provide research and development to stimulate and commercialize new and existing technologies and products using recycled materials;
(4) Undertake an integrated, comprehensive education effort directed to recycling businesses to promote processing, manufacturing, and purchase of recycled products, including:
(a) Provide information to recycling businesses on the availability and benefits of using recycled materials;
(b) Provide information and referral services on recycled material markets;
(c) Provide information on new research and technologies that may be used by local businesses and governments; and
(d) Participate in projects to demonstrate new market uses or applications for recycled products;
(5) Assist the
departments of ecology and ((general administration)) enterprise
services in the development of consistent definitions and standards on
recycled content, product performance, and availability;
(6) Undertake studies on the unmet capital needs of reprocessing and manufacturing firms using recycled materials;
(7) Undertake and participate in marketing promotions for the purposes of achieving expanded market penetration for recycled content products;
(8) Coordinate with the department of ecology to ensure that the education programs of both are mutually reinforcing, with the center acting as the lead entity with respect to recycling businesses, and the department as the lead entity with respect to the general public and retailers;
(9) Develop an annual work plan. The plan shall describe actions and recommendations for developing markets for commodities comprising a significant percentage of the waste stream and having potential for use as an industrial or commercial feedstock. The initial plan shall address, but not be limited to, mixed waste paper, waste tires, yard and food waste, and plastics; and
(10) Represent the state in regional and national market development issues.
Sec. 109. RCW 70.95M.060 and 2003 c 260 s 7 are each amended to read as follows:
(1) The department of general administration must, by January 1, 2005, revise its rules, policies, and guidelines to implement the purpose of this chapter.
(2) The department
of ((general administration)) enterprise services must give
priority and preference to the purchase of equipment, supplies, and other
products that contain no mercury-added compounds or components, unless: (a)
There is no economically feasible nonmercury-added alternative that performs a
similar function; or (b) the product containing mercury is designed to reduce
electricity consumption by at least forty percent and there is no nonmercury or
lower mercury alternative available that saves the same or a greater amount of
electricity as the exempted product. In circumstances where a nonmercury-added
product is not available, preference must be given to the purchase of products
that contain the least amount of mercury added to the product necessary for the
required performance.
Sec. 110. RCW 70.235.050 and 2009 c 519 s 2 are each amended to read as follows:
(1) All state agencies shall meet the statewide greenhouse gas emission limits established in RCW 70.235.020 to achieve the following, using the estimates and strategy established in subsections (2) and (3) of this section:
(a) By July 1, 2020, reduce emissions by fifteen percent from 2005 emission levels;
(b) By 2035, reduce emissions to thirty-six percent below 2005 levels; and
(c) By 2050, reduce emissions to the greater reduction of fifty-seven and one-half percent below 2005 levels, or seventy percent below the expected state government emissions that year.
(2)(a) By June 30, 2010, all state agencies shall report estimates of emissions for 2005 to the department, including 2009 levels of emissions, and projected emissions through 2035.
(b) State agencies required to report under RCW 70.94.151 must estimate emissions from methodologies recommended by the department and must be based on actual operation of those agencies. Agencies not required to report under RCW 70.94.151 shall derive emissions estimates using an emissions calculator provided by the department.
(3) By June 30, 2011, each state agency shall submit to the department a strategy to meet the requirements in subsection (1) of this section. The strategy must address employee travel activities, teleconferencing alternatives, and include existing and proposed actions, a timeline for reductions, and recommendations for budgetary and other incentives to reduce emissions, especially from employee business travel.
(4) By October 1st
of each even-numbered year beginning in 2012, each state agency shall report to
the department the actions taken to meet the emission reduction targets under
the strategy for the preceding fiscal biennium. The department may authorize
the department of ((general administration)) enterprise services
to report on behalf of any state agency having fewer than five hundred
full-time equivalent employees at any time during the reporting period. The
department shall cooperate with the department of ((general administration))
enterprise services and the department of ((community, trade, and
economic development)) commerce to develop consolidated reporting
methodologies that incorporate emission reduction actions taken across all or
substantially all state agencies.
(5) All state
agencies shall cooperate in providing information to the department, the
department of ((general administration)) enterprise services, and
the department of ((community, trade, and economic development)) commerce
for the purposes of this section.
(6) The governor shall designate a person as the single point of accountability for all energy and climate change initiatives within state agencies. This position must be funded from current full-time equivalent allocations without increasing budgets or staffing levels. If duties must be shifted within an agency, they must be shifted among current full-time equivalent allocations. All agencies, councils, or work groups with energy or climate change initiatives shall coordinate with this designee.
Sec. 111. RCW 71A.20.190 and 2011 1st sp.s. c 30 s 8 are each amended to read as follows:
(1) A developmental disability service system task force is established.
(2) The task force shall be convened by September 1, 2011, and consist of the following members:
(a) Two members of the house of representatives appointed by the speaker of the house of representatives, from different political caucuses;
(b) Two members of the senate appointed by the president of the senate, from different political caucuses;
(c) The following members appointed by the governor:
(i) Two advocates for people with developmental disabilities;
(ii) A representative from the developmental disabilities council;
(iii) A representative of families of residents in residential habilitation centers;
(iv) Two representatives of labor unions representing workers who serve residents in residential habilitation centers;
(d) The secretary of the department of social and health services or their designee; and
(e) The ((secretary))
director of the department of ((general administration)) enterprise
services or their designee.
(3) The members of the task force shall select the chair or cochairs of the task force.
(4) Staff assistance for the task force will be provided by legislative staff and staff from the agencies listed in subsection (2) of this section.
(5) The task force shall make recommendations on:
(a) The development of a system of services for persons with developmental disabilities that is consistent with the goals articulated in section 1, chapter 30, Laws of 2011 1st sp. sess.;
(b) The state's long-term needs for residential habilitation center capacity, including the benefits and disadvantages of maintaining one center in eastern Washington and one center in western Washington;
(c) A plan for efficient consolidation of institutional capacity, including whether one or more centers should be downsized or closed and, if so, a time frame for closure;
(d) Mechanisms through which any savings that result from the downsizing, consolidation, or closure of residential habilitation center capacity can be used to create additional community-based capacity;
(e) Strategies for the use of surplus property that results from the closure of one or more centers;
(f) Strategies for reframing the mission of Yakima Valley School consistent with chapter 30, Laws of 2011 1st sp. sess. that consider:
(i) The opportunity, where cost-effective, to provide medical services, including centers of excellence, to other clients served by the department; and
(ii) The creation of a treatment team consisting of crisis stabilization and short-term respite services personnel, with the long-term goal of expanding to include the provisions of specialty services such as dental care, physical therapy, occupational therapy, and specialized nursing care to individuals with developmental disabilities residing in the surrounding community.
(6) The task force shall report their recommendations to the appropriate committees of the legislature by December 1, 2012.
Sec. 112. RCW 72.01.430 and 1981 c 136 s 75 are each amended to read as follows:
The secretary,
notwithstanding any provision of law to the contrary, is hereby authorized to
transfer equipment, livestock and supplies between the several institutions
within the department without reimbursement to the transferring institution
excepting, however, any such equipment donated by organizations for the sole
use of such transferring institutions. Whenever transfers of capital items are
made between institutions of the department, notice thereof shall be given to
the director of the department of ((general administration)) enterprise
services accompanied by a full description of such items with inventory
numbers, if any.
Sec. 113. RCW 72.09.450 and 1996 c 277 s 1 are each amended to read as follows:
(1) An inmate shall not be denied access to services or supplies required by state or federal law solely on the basis of his or her inability to pay for them.
(2) The department shall record all lawfully authorized assessments for services or supplies as a debt to the department. The department shall recoup the assessments when the inmate's institutional account exceeds the indigency standard, and may pursue other remedies to recoup the assessments after the period of incarceration.
(3) The department shall record as a debt any costs assessed by a court against an inmate plaintiff where the state is providing defense pursuant to chapter 4.92 RCW. The department shall recoup the debt when the inmate's institutional account exceeds the indigency standard and may pursue other remedies to recoup the debt after the period of incarceration.
(4) In order to
maximize the cost-efficient collection of unpaid offender debt existing after
the period of an offender's incarceration, the department is authorized to use
the following nonexclusive options: (a) Use the collection services available
through the department of ((general administration)) enterprise
services, or (b) notwithstanding any provision of chapter 41.06 RCW,
contract with collection agencies for collection of the debts. The costs for ((general
administration)) enterprise services or collection agency services
shall be paid by the debtor. Any contract with a collection agency shall only
be awarded after competitive bidding. Factors the department shall consider in
awarding a collection contract include but are not limited to a collection
agency's history and reputation in the community; and the agency's access to a
local database that may increase the efficiency of its collections. The
servicing of an unpaid obligation to the department does not constitute
assignment of a debt, and no contract with a collection agency may remove the
department's control over unpaid obligations owed to the department.
Sec. 114. RCW 77.12.177 and 2011 c 339 s 4 are each amended to read as follows:
(1) Except as provided in this title, state and county officers receiving the following moneys shall deposit them in the state general fund:
(a) The sale of commercial licenses required under this title, except for licenses issued under RCW 77.65.490; and
(b) Moneys received for damages to food fish or shellfish.
(2) The director shall make weekly remittances to the state treasurer of moneys collected by the department.
(3) All fines and forfeitures collected or assessed by a district court for a violation of this title or rule of the department shall be remitted as provided in chapter 3.62 RCW.
(4) Proceeds from the sale of food fish or shellfish taken in test fishing conducted by the department, to the extent that these proceeds exceed the estimates in the budget approved by the legislature, may be allocated as unanticipated receipts under RCW 43.79.270 to reimburse the department for unanticipated costs for test fishing operations in excess of the allowance in the budget approved by the legislature.
(5) Proceeds from
the sale of salmon carcasses and salmon eggs from state general funded
hatcheries by the department ((of general administration)) shall be
deposited in the regional fisheries enhancement group account established in
RCW 77.95.090.
(6) Proceeds from the sale of herring spawn on kelp fishery licenses by the department, to the extent those proceeds exceed estimates in the budget approved by the legislature, may be allocated as unanticipated receipts under RCW 43.79.270. Allocations under this subsection shall be made only for herring management, enhancement, and enforcement.
Sec. 115. RCW 77.12.451 and 1990 c 36 s 1 are each amended to read as follows:
(1) The director may take or remove any species of fish or shellfish from the waters or beaches of the state.
(2) The director may sell food fish or shellfish caught or taken during department test fishing operations.
(3) The director shall not sell inedible salmon for human consumption. Salmon and carcasses may be given to state institutions or schools or to economically depressed people, unless the salmon are unfit for human consumption. Salmon not fit for human consumption may be sold by the director for animal food, fish food, or for industrial purposes.
(4) In the sale of
surplus salmon from state hatcheries, the ((division of purchasing)) director
shall require that a portion of the surplus salmon be processed and returned to
the state by the purchaser. The processed salmon shall be fit for human
consumption and in a form suitable for distribution to individuals. The ((division
of purchasing)) department shall establish the required percentage
at a level that does not discourage competitive bidding for the surplus salmon.
The measure of the percentage is the combined value of all of the surplus
salmon sold. The department of social and health services shall distribute the
processed salmon to economically depressed individuals and state institutions
pursuant to rules adopted by the department of social and health services.
Sec. 116. RCW 79.19.080 and 2003 c 334 s 531 are each amended to read as follows:
Periodically, at intervals to be determined by the board, the department shall identify trust lands which are expected to convert to commercial, residential, or industrial uses within ten years. The department shall adhere to existing local comprehensive plans, zoning classifications, and duly adopted local policies when making this identification and determining the fair market value of the property.
The department
shall hold a public hearing on the proposal in the county where the state land
is located. At least fifteen days but not more than thirty days before the
hearing, the department shall publish a public notice of reasonable size in
display advertising form, setting forth the date, time, and place of the
hearing, at least once in one or more daily newspapers of general circulation
in the county and at least once in one or more weekly newspapers circulated in
the area where the trust land is located. At the same time that the published
notice is given, the department shall give written notice of the hearings to
the departments of fish and wildlife and ((general administration)) enterprise
services, to the parks and recreation commission, and to the county, city,
or town in which the property is situated. The department shall disseminate a
news release pertaining to the hearing among printed and electronic media in
the area where the trust land is located. The public notice and news release
also shall identify trust lands in the area which are expected to convert to
commercial, residential, or industrial uses within ten years.
A summary of the testimony presented at the hearings shall be prepared for the board's consideration. The board shall designate trust lands which are expected to convert to commercial, residential, or industrial uses as urban land. Descriptions of lands designated by the board shall be made available to the county and city or town in which the land is situated and for public inspection and copying at the department's administrative office in Olympia, Washington and at each area office.
The hearing and notice requirements of this section apply to those trust lands which have been identified by the department prior to July 1, 1984, as being expected to convert to commercial, residential, or industrial uses within the next ten years, and which have not been sold or exchanged prior to July 1, 1984.
Sec. 117. RCW 79.24.300 and 1977 c 75 s 90 are each amended to read as follows:
The state capitol
committee may construct parking facilities for the state capitol adequate to
provide parking space for automobiles, said parking facilities to be either of
a single level, multiple level, or both, and to be either on one site or more
than one site and located either on or in close proximity to the capitol
grounds, though not necessarily contiguous thereto. The state capitol committee
may select such lands as are necessary therefor and acquire them by purchase or
condemnation. As an aid to such selection the committee may cause location,
topographical, economic, traffic, and other surveys to be conducted, and for
this purpose may utilize the services of existing state agencies, may employ
personnel, or may contract for the services of any person, firm or corporation.
In selecting the location and plans for the construction of the parking
facilities the committee shall consider recommendations of the director of ((general
administration)) enterprise services.
Space in parking
facilities may be rented to the officers and employees of the state on a
monthly basis at a rental to be determined by the director of ((general
administration)) enterprise services. The state shall not sell
gasoline, oil, or any other commodities or perform any services for any
vehicles or equipment other than state equipment.
Sec. 118. RCW 79.24.530 and 1961 c 167 s 4 are each amended to read as follows:
The department of
((general administration)) enterprise services shall develop,
amend and modify an overall plan for the design and establishment of state
capitol buildings and grounds on the east capitol site in accordance with
current and prospective requisites of a state capitol befitting the state of
Washington. The overall plan, amendments and modifications thereto shall be
subject to the approval of the state capitol committee.
Sec. 119. RCW 79.24.540 and 1961 c 167 s 5 are each amended to read as follows:
State agencies which
are authorized by law to acquire land and construct buildings, whether from
appropriated funds or from funds not subject to appropriation by the
legislature, may buy land in the east capitol site and construct buildings
thereon so long as the location, design and construction meet the requirements
established by the department of ((general administration)) enterprise
services and approved by the state capitol committee.
Sec. 120. RCW 79.24.560 and 1961 c 167 s 7 are each amended to read as follows:
The department of
((general administration)) enterprise services shall have the
power to rent, lease, or otherwise use any of the properties acquired in the
east capitol site.
Sec. 121. RCW 79.24.570 and 2000 c 11 s 24 are each amended to read as follows:
All moneys received
by the department of ((general administration)) enterprise services
from the management of the east capitol site, excepting (1) funds otherwise
dedicated prior to April 28, 1967, (2) parking and rental charges and fines
which are required to be deposited in other accounts, and (3) reimbursements of
service and other utility charges made to the department of ((general
administration)) enterprise services, shall be deposited in the capitol
purchase and development account of the state general fund.
Sec. 122. RCW 79.24.664 and 1969 ex.s. c 272 s 8 are each amended to read as follows:
There is
appropriated to the department of ((general administration)) enterprise
services from the general fund—state building construction account the sum
of fifteen million dollars or so much thereof as may be necessary to accomplish
the purposes set forth in RCW 79.24.650.
Sec. 123. RCW 79.24.710 and 2005 c 330 s 2 are each amended to read as follows:
For the purposes of RCW 79.24.720, 79.24.730, 43.01.090, 43.19.500, and 79.24.087, "state capitol public and historic facilities" includes:
(1) The east, west
and north capitol campus grounds, Sylvester park, Heritage park, Marathon park,
Centennial park, the Deschutes river basin commonly known as Capitol lake, the
interpretive center, Deschutes parkway, and the landscape, memorials, artwork,
fountains, streets, sidewalks, lighting, and infrastructure in each of these
areas not including state-owned aquatic lands in these areas managed by the
department of natural resources under RCW ((79.90.450)) 79.105.010;
(2) The public spaces and the historic interior and exterior elements of the following buildings: The visitor center, the Governor's mansion, the legislative building, the John L. O'Brien building, the Cherberg building, the Newhouse building, the Pritchard building, the temple of justice, the insurance building, the Dolliver building, capitol court, and the old capitol buildings, including the historic state-owned furnishings and works of art commissioned for or original to these buildings; and
(3) Other
facilities or elements of facilities as determined by the state capitol committee,
in consultation with the department of ((general administration)) enterprise
services.
Sec. 124. RCW 79.24.720 and 2005 c 330 s 3 are each amended to read as follows:
The department of
((general administration)) enterprise services is responsible for
the stewardship, preservation, operation, and maintenance of the public and
historic facilities of the state capitol, subject to the policy direction of
the state capitol committee ((and the legislative buildings committee as
created in chapter . . . (House Bill No. 1301), Laws of 2005,)) and the
guidance of the capitol campus design advisory committee. In administering this
responsibility, the department shall:
(1) Apply the United States secretary of the interior's standards for the treatment of historic properties;
(2) Seek to balance the functional requirements of state government operations with public access and the long-term preservation needs of the properties themselves; and
(3) Consult with the capitol furnishings preservation committee, the state historic preservation officer, the state arts commission, and the state facilities accessibility advisory committee in fulfilling the responsibilities provided for in this section.
Sec. 125. RCW 79.24.730 and 2005 c 330 s 4 are each amended to read as follows:
(1) To provide for responsible stewardship of the state capitol public and historic facilities, funding for:
(a) Maintenance and
operational needs shall be authorized in the state's omnibus appropriations act
and funded by the ((general administration)) enterprise services
account as provided under RCW 43.19.500;
(b) Development and preservation needs shall be authorized in the state's capital budget. To the extent revenue is available, the capitol building construction account under RCW 79.24.087 shall fund capital budget needs. If capitol building construction account funds are not available, the state building construction account funds may be authorized for this purpose.
(2) The department
of ((general administration)) enterprise services may seek
grants, gifts, or donations to support the stewardship of state capitol public
and historic facilities. The department may: (a) Purchase historic state
capitol furnishings or artifacts; or (b) sell historic state capitol
furnishings and artifacts that have been designated as state surplus by the
capitol furnishings preservation committee under RCW 27.48.040(6). Funds
generated from grants, gifts, donations, or sales for omnibus appropriations
act needs shall be deposited into the ((general administration)) enterprise
services account. Funds generated for capital budget needs shall be deposited
into the capitol building construction account.
Sec. 126. RCW 79A.15.010 and 2009 c 341 s 1 are each amended to read as follows:
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
(1) "Acquisition" means the purchase on a willing seller basis of fee or less than fee interests in real property. These interests include, but are not limited to, options, rights of first refusal, conservation easements, leases, and mineral rights.
(2) "Board" means the recreation and conservation funding board.
(3) "Critical habitat" means lands important for the protection, management, or public enjoyment of certain wildlife species or groups of species, including, but not limited to, wintering range for deer, elk, and other species, waterfowl and upland bird habitat, fish habitat, and habitat for endangered, threatened, or sensitive species.
(4) "Farmlands" means any land defined as "farm and agricultural land" in RCW 84.34.020(2).
(5) "Local agencies" means a city, county, town, federally recognized Indian tribe, special purpose district, port district, or other political subdivision of the state providing services to less than the entire state.
(6) "Natural areas" means areas that have, to a significant degree, retained their natural character and are important in preserving rare or vanishing flora, fauna, geological, natural historical, or similar features of scientific or educational value.
(7) "Nonprofit nature conservancy corporation or association" means an organization as defined in RCW 84.34.250.
(8) "Riparian habitat" means land adjacent to water bodies, as well as submerged land such as streambeds, which can provide functional habitat for salmonids and other fish and wildlife species. Riparian habitat includes, but is not limited to, shorelines and near-shore marine habitat, estuaries, lakes, wetlands, streams, and rivers.
(9) "Special needs populations" means physically restricted people or people of limited means.
(10) "State
agencies" means the state parks and recreation commission, the department
of natural resources, the department of ((general administration)) enterprise
services, and the department of fish and wildlife.
(11) "Trails" means public ways constructed for and open to pedestrians, equestrians, or bicyclists, or any combination thereof, other than a sidewalk constructed as a part of a city street or county road for exclusive use of pedestrians.
(12) "Urban wildlife habitat" means lands that provide habitat important to wildlife in proximity to a metropolitan area.
(13) "Water access" means boat or foot access to marine waters, lakes, rivers, or streams.
NEW SECTION. Sec. 127. RCW 37.14.010, 43.19.533, 43.320.012, 43.320.013, 43.320.014, 43.320.015, 43.320.901, and 70.120.210 are each decodified.
NEW SECTION. Sec. 128. The following acts or parts of acts are each repealed:
(1) RCW 43.105.041 (Powers and duties of board) and 2011 c 358 s 6, 2010 1st sp.s. c 7 s 65, 2009 c 486 s 13, 2003 c 18 s 3, & 1999 c 285 s 5;
(2) RCW 43.105.178 (Information technology assets—Inventory) and 2010 c 282 s 12;
(3) RCW 43.105.330 (State interoperability executive committee) and 2011 c 367 s 711, 2006 c 76 s 2, & 2003 c 18 s 4;
(4) RCW 43.105.070 (Confidential or privileged information) and 1969 ex.s. c 212 s 4; and
(5) RCW 49.74.040 (Failure to reach conciliation agreement—Administrative hearing—Appeal) and 2002 c 354 s 248, 2002 c 354 s 247, & 1985 c 365 s 11.
NEW SECTION. Sec. 129. Section 91 of this act expires June 30, 2016."
On page 1, line 3 of the title, after "government;" strike the remainder of the title and insert "amending RCW 2.36.054, 2.36.057, 2.36.0571, 2.68.060, 4.92.110, 4.96.020, 8.26.085, 15.24.086, 15.64.060, 15.65.285, 15.66.280, 15.88.070, 15.89.070, 15.100.080, 15.115.180, 17.15.020, 19.27.097, 19.27.150, 19.27A.020, 19.27A.190, 19.34.100, 19.285.060, 27.34.075, 27.34.410, 27.48.040, 28A.150.530, 28A.335.300, 28B.10.417, 35.21.779, 35.68.076, 35A.65.010, 36.28A.070, 39.04.155, 39.04.220, 39.04.290, 39.04.320, 39.04.330, 39.04.370, 39.04.380, 39.24.050, 39.30.050, 39.32.020, 39.32.040, 39.32.060, 39.35.060, 39.35A.050, 39.35B.040, 39.35C.050, 39.35C.090, 39.59.010, 41.04.017, 41.04.220, 41.04.375, 41.06.094, 43.01.090, 43.01.091, 43.01.240, 43.01.250, 43.01.900, 43.15.020, 43.17.050, 43.17.100, 43.17.400, 43.19.647, 43.19.651, 43.19.670, 43.19.682, 43.19.691, 43.19.757, 43.19A.022, 43.19A.040, 43.21F.045, 43.34.090, 43.82.035, 43.82.055, 43.82.130, 43.83.116, 43.83.120, 43.83.136, 43.83.142, 43.83.156, 43.83.176, 43.83.188, 43.83.202, 43.88.090, 43.88.350, 43.88.560, 43.96B.215, 43.101.080, 43.325.020, 43.325.030, 43.330.907, 43.331.040, 43.331.050, 44.68.065, 44.73.010, 46.08.065, 46.08.150, 46.08.172, 47.60.830, 70.58.005, 70.94.537, 70.94.551, 70.95.265, 70.95C.110, 70.95H.030, 70.95M.060, 70.235.050, 71A.20.190, 72.01.430, 72.09.450, 77.12.177, 77.12.451, 79.19.080, 79.24.300, 79.24.530, 79.24.540, 79.24.560, 79.24.570, 79.24.664, 79.24.710, 79.24.720, 79.24.730, and 79A.15.010; reenacting RCW 42.17A.110; adding a new section to chapter 49.74 RCW; decodifying RCW 37.14.010, 43.19.533, 43.320.012, 43.320.013, 43.320.014, 43.320.015, 43.320.901, and 70.120.210; repealing RCW 43.105.041, 43.105.178, 43.105.330, 43.105.070, and 49.74.040; and providing an expiration date."
Signed by Representatives Hudgins, Chair; Senn, Vice Chair; MacEwen, Ranking Minority Member; Caldier, Assistant Ranking Minority Member; McCabe; Morris and Takko.
Passed to Committee on Rules for second reading.
March 31, 2015
SSB 5073 Prime Sponsor, Committee on Government Operations & Security: Concerning nonsubstantive updates and realignments of the statutory responsibilities of the office of financial management. Reported by Committee on General Government & Information Technology
MAJORITY recommendation: Do pass as amended.
Strike everything after the enacting clause and insert the following:
"PART I
GENERAL PROVISIONS
Sec. 101. RCW 43.82.055 and 2007 c 506 s 6 are each amended to read as follows:
The office of financial management shall:
(1) Work with the
department of ((general administration)) enterprise services and
all other state agencies to determine the long‑term facility needs of
state government; ((and))
(2) Develop and
submit a six‑year facility plan to the legislature by January 1st of
every odd‑numbered year((, beginning January 1, 2009,)) that
includes state agency space requirements and other pertinent data necessary for
cost‑effective facility planning. The department of ((general
administration)) enterprise services shall assist with this effort
as required by the office of financial management; and
(3) Establish and enforce policies and workplace strategies that promote the efficient use of state facilities.
Sec. 102. RCW 43.82.150 and 2007 c 506 s 7 are each amended to read as follows:
(1) The office of
financial management shall develop and maintain an inventory system to account
for all facilities owned or leased ((facilities utilized)) by
state government. At a minimum, the inventory system must include the facility
owner, location, type, condition, use data, and size of each facility.
In addition, for owned facilities, the inventory system must include the date
and cost of original construction and the cost of any major remodeling or
renovation. The inventory must be updated by all agencies, departments,
boards, commissions, and institutions by June 30th of each year. The office
of financial management shall publish a report summarizing information
contained in the inventory system for each agency by October 1st of each year,
beginning in 2010 and shall submit this report to the appropriate fiscal
committees of the legislature.
(2) ((All
agencies, departments, boards, commissions, and institutions of the state of
Washington shall provide to the office of financial management a complete
inventory of owned and leased facilities by September 1, 2010. The inventory
must be updated and submitted to the office of financial management by
September 1st of each subsequent year.)) The ((inventories)) inventory
required under this subsection must be submitted in a standard format
prescribed by the office of financial management.
(3) ((The office
of financial management shall report to the legislature by September 1, 2008,
on recommended improvements to the inventory system, redevelopment costs, and
an implementation schedule for the redevelopment of the inventory system. The
report shall also make recommendations on other improvements that will improve
accountability and assist in the evaluation of budget requests and facility
management by the governor and the legislature.
(4))) For the purposes
of this section, "facilities" means buildings and other structures
with walls and a roof. "Facilities" does not mean roads, bridges,
parking areas, utility systems, and other similar improvements to real
property.
Sec. 103. RCW 43.88.160 and 2012 c 230 s 1 are each amended to read as follows:
This section sets forth the major fiscal duties and responsibilities of officers and agencies of the executive branch. The regulations issued by the governor pursuant to this chapter shall provide for a comprehensive, orderly basis for fiscal management and control, including efficient accounting and reporting therefor, for the executive branch of the state government and may include, in addition, such requirements as will generally promote more efficient public management in the state.
(1) Governor; director of financial management. The governor, through the director of financial management, shall devise and supervise a modern and complete accounting system for each agency to the end that all revenues, expenditures, receipts, disbursements, resources, and obligations of the state shall be properly and systematically accounted for. The accounting system shall include the development of accurate, timely records and reports of all financial affairs of the state. The system shall also provide for central accounts in the office of financial management at the level of detail deemed necessary by the director to perform central financial management. The director of financial management shall adopt and periodically update an accounting procedures manual. Any agency maintaining its own accounting and reporting system shall comply with the updated accounting procedures manual and the rules of the director adopted under this chapter. An agency may receive a waiver from complying with this requirement if the waiver is approved by the director. Waivers expire at the end of the fiscal biennium for which they are granted. The director shall forward notice of waivers granted to the appropriate legislative fiscal committees. The director of financial management may require such financial, statistical, and other reports as the director deems necessary from all agencies covering any period.
(2) Except as provided in chapter 43.88C RCW, the director of financial management is responsible for quarterly reporting of primary operating budget drivers such as applicable workloads, caseload estimates, and appropriate unit cost data. These reports shall be transmitted to the legislative fiscal committees or by electronic means to the legislative evaluation and accountability program committee. Quarterly reports shall include actual monthly data and the variance between actual and estimated data to date. The reports shall also include estimates of these items for the remainder of the budget period.
(3) The director of financial management shall report at least annually to the appropriate legislative committees regarding the status of all appropriated capital projects, including transportation projects, showing significant cost overruns or underruns. If funds are shifted from one project to another, the office of financial management shall also reflect this in the annual variance report. Once a project is complete, the report shall provide a final summary showing estimated start and completion dates of each project phase compared to actual dates, estimated costs of each project phase compared to actual costs, and whether or not there are any outstanding liabilities or unsettled claims at the time of completion.
(4) In addition, the director of financial management, as agent of the governor, shall:
(a) Develop and maintain a system of internal controls and internal audits comprising methods and procedures to be adopted by each agency that will safeguard its assets, check the accuracy and reliability of its accounting data, promote operational efficiency, and encourage adherence to prescribed managerial policies for accounting and financial controls. The system developed by the director shall include criteria for determining the scope and comprehensiveness of internal controls required by classes of agencies, depending on the level of resources at risk.
((Each)) (i)
For those agencies that the director determines internal audit is required, the
agency head or authorized designee shall be assigned the responsibility and
authority for establishing and maintaining internal audits following ((the))
professional audit standards ((of internal auditing of)) including
generally accepted government auditing standards or standards adopted by
the institute of internal auditors, or both.
(ii) For those agencies that the director determines internal audit is not required, the agency head or authorized designee may establish and maintain internal audits following professional audit standards including generally accepted government auditing standards or standards adopted by the institute of internal auditors, or both, but at a minimum must comply with policies as established by the director to assess the effectiveness of the agency's systems of internal controls and risk management processes;
(b) Make surveys and analyses of agencies with the object of determining better methods and increased effectiveness in the use of manpower and materials; and the director shall authorize expenditures for employee training to the end that the state may benefit from training facilities made available to state employees;
(c) Establish policies for allowing the contracting of child care services;
(d) Report to the governor with regard to duplication of effort or lack of coordination among agencies;
(e) Review any pay and classification plans, and changes thereunder, developed by any agency for their fiscal impact: PROVIDED, That none of the provisions of this subsection shall affect merit systems of personnel management now existing or hereafter established by statute relating to the fixing of qualifications requirements for recruitment, appointment, or promotion of employees of any agency. The director shall advise and confer with agencies including appropriate standing committees of the legislature as may be designated by the speaker of the house and the president of the senate regarding the fiscal impact of such plans and may amend or alter the plans, except that for the following agencies no amendment or alteration of the plans may be made without the approval of the agency concerned: Agencies headed by elective officials;
(f) Fix the number and classes of positions or authorized employee years of employment for each agency and during the fiscal period amend the determinations previously fixed by the director except that the director shall not be empowered to fix the number or the classes for the following: Agencies headed by elective officials;
(g) Adopt rules to effectuate provisions contained in (a) through (f) of this subsection.
(5) The treasurer shall:
(a) Receive, keep, and disburse all public funds of the state not expressly required by law to be received, kept, and disbursed by some other persons: PROVIDED, That this subsection shall not apply to those public funds of the institutions of higher learning which are not subject to appropriation;
(b) Receive, disburse, or transfer public funds under the treasurer's supervision or custody;
(c) Keep a correct and current account of all moneys received and disbursed by the treasurer, classified by fund or account;
(d) Coordinate agencies' acceptance and use of credit cards and other payment methods, if the agencies have received authorization under RCW 43.41.180;
(e) Perform such other duties as may be required by law or by regulations issued pursuant to this law.
It shall be unlawful for the treasurer to disburse public funds in the treasury except upon forms or by alternative means duly prescribed by the director of financial management. These forms or alternative means shall provide for authentication and certification by the agency head or the agency head's designee that the services have been rendered or the materials have been furnished; or, in the case of loans or grants, that the loans or grants are authorized by law; or, in the case of payments for periodic maintenance services to be performed on state owned equipment, that a written contract for such periodic maintenance services is currently in effect; and the treasurer shall not be liable under the treasurer's surety bond for erroneous or improper payments so made. When services are lawfully paid for in advance of full performance by any private individual or business entity other than equipment maintenance providers or as provided for by RCW 42.24.035, such individual or entity other than central stores rendering such services shall make a cash deposit or furnish surety bond coverage to the state as shall be fixed in an amount by law, or if not fixed by law, then in such amounts as shall be fixed by the director of the department of enterprise services but in no case shall such required cash deposit or surety bond be less than an amount which will fully indemnify the state against any and all losses on account of breach of promise to fully perform such services. No payments shall be made in advance for any equipment maintenance services to be performed more than twelve months after such payment except that institutions of higher education as defined in RCW 28B.10.016 may make payments in advance for equipment maintenance services to be performed up to sixty months after such payment. Any such bond so furnished shall be conditioned that the person, firm or corporation receiving the advance payment will apply it toward performance of the contract. The responsibility for recovery of erroneous or improper payments made under this section shall lie with the agency head or the agency head's designee in accordance with rules issued pursuant to this chapter. Nothing in this section shall be construed to permit a public body to advance funds to a private service provider pursuant to a grant or loan before services have been rendered or material furnished.
(6) The state auditor shall:
(a) Report to the legislature the results of current post audits that have been made of the financial transactions of each agency; to this end the auditor may, in the auditor's discretion, examine the books and accounts of any agency, official, or employee charged with the receipt, custody, or safekeeping of public funds. Where feasible in conducting examinations, the auditor shall utilize data and findings from the internal control system prescribed by the office of financial management. The current post audit of each agency may include a section on recommendations to the legislature as provided in (c) of this subsection.
(b) Give information to the legislature, whenever required, upon any subject relating to the financial affairs of the state.
(c) Make the auditor's official report on or before the thirty-first of December which precedes the meeting of the legislature. The report shall be for the last complete fiscal period and shall include determinations as to whether agencies, in making expenditures, complied with the laws of this state. The state auditor is authorized to perform or participate in performance verifications and performance audits as expressly authorized by the legislature in the omnibus biennial appropriations acts or in the performance audit work plan approved by the joint legislative audit and review committee. The state auditor, upon completing an audit for legal and financial compliance under chapter 43.09 RCW or a performance verification, may report to the joint legislative audit and review committee or other appropriate committees of the legislature, in a manner prescribed by the joint legislative audit and review committee, on facts relating to the management or performance of governmental programs where such facts are discovered incidental to the legal and financial audit or performance verification. The auditor may make such a report to a legislative committee only if the auditor has determined that the agency has been given an opportunity and has failed to resolve the management or performance issues raised by the auditor. If the auditor makes a report to a legislative committee, the agency may submit to the committee a response to the report. This subsection (6) shall not be construed to authorize the auditor to allocate other than de minimis resources to performance audits except as expressly authorized in the appropriations acts or in the performance audit work plan. The results of a performance audit conducted by the state auditor that has been requested by the joint legislative audit and review committee must only be transmitted to the joint legislative audit and review committee.
(d) Be empowered to take exception to specific expenditures that have been incurred by any agency or to take exception to other practices related in any way to the agency's financial transactions and to cause such exceptions to be made a matter of public record, including disclosure to the agency concerned and to the director of financial management. It shall be the duty of the director of financial management to cause corrective action to be taken within six months, such action to include, as appropriate, the withholding of funds as provided in RCW 43.88.110. The director of financial management shall annually report by December 31st the status of audit resolution to the appropriate committees of the legislature, the state auditor, and the attorney general. The director of financial management shall include in the audit resolution report actions taken as a result of an audit including, but not limited to, types of personnel actions, costs and types of litigation, and value of recouped goods or services.
(e) Promptly report any irregularities to the attorney general.
(f) Investigate improper governmental activity under chapter 42.40 RCW.
In addition to the authority given to the state auditor in this subsection (6), the state auditor is authorized to conduct performance audits identified in RCW 43.09.470. Nothing in this subsection (6) shall limit, impede, or restrict the state auditor from conducting performance audits identified in RCW 43.09.470.
(7) The joint legislative audit and review committee may:
(a) Make post audits of the financial transactions of any agency and management surveys and program reviews as provided for in chapter 44.28 RCW as well as performance audits and program evaluations. To this end the joint committee may in its discretion examine the books, accounts, and other records of any agency, official, or employee.
(b) Give information to the legislature or any legislative committee whenever required upon any subject relating to the performance and management of state agencies.
(c) Make a report to the legislature which shall include at least the following:
(i) Determinations as to the extent to which agencies in making expenditures have complied with the will of the legislature and in this connection, may take exception to specific expenditures or financial practices of any agencies; and
(ii) Such plans as it deems expedient for the support of the state's credit, for lessening expenditures, for promoting frugality and economy in agency affairs, and generally for an improved level of fiscal management.
Sec. 104. RCW 47.04.280 and 2013 c 199 s 1 are each amended to read as follows:
(1) It is the intent of the legislature to establish policy goals for the planning, operation, performance of, and investment in, the state's transportation system. The policy goals established under this section are deemed consistent with the benchmark categories adopted by the state's blue ribbon commission on transportation on November 30, 2000. Public investments in transportation should support achievement of these policy goals:
(a) Economic vitality: To promote and develop transportation systems that stimulate, support, and enhance the movement of people and goods to ensure a prosperous economy;
(b) Preservation: To maintain, preserve, and extend the life and utility of prior investments in transportation systems and services;
(c) Safety: To provide for and improve the safety and security of transportation customers and the transportation system;
(d) Mobility: To improve the predictable movement of goods and people throughout Washington state;
(e) Environment: To enhance Washington's quality of life through transportation investments that promote energy conservation, enhance healthy communities, and protect the environment; and
(f) Stewardship: To continuously improve the quality, effectiveness, and efficiency of the transportation system.
(2) The powers, duties, and functions of state transportation agencies must be performed in a manner consistent with the policy goals set forth in subsection (1) of this section.
(3) These policy goals are intended to be the basis for establishing detailed and measurable objectives and related performance measures.
(4) It is the
intent of the legislature that the ((office of financial management)) department
of transportation establish objectives and performance measures for the
department ((of transportation)) and other state agencies with
transportation‑related responsibilities to ensure transportation system
performance at local, regional, and state government levels progresses toward
the attainment of the policy goals set forth in subsection (1) of this section.
((The office of financial management shall submit initial objectives and
performance measures to the legislature for its review and shall provide copies
of the same to the commission during the 2008 legislative session.)) The ((office
of financial management)) department of transportation shall submit
objectives and performance measures to the legislature for its review and shall
provide copies of the same to the commission during each regular session of the
legislature during an even-numbered year thereafter.
(5) A local or regional agency engaging in transportation planning may voluntarily establish objectives and performance measures to demonstrate progress toward the attainment of the policy goals set forth in subsection (1) of this section or any other transportation policy goals established by the local or regional agency. A local or regional agency engaging in transportation planning is encouraged to provide local and regional objectives and performance measures to be included with the objectives and performance measures submitted to the legislature pursuant to subsection (4) of this section.
(6) This section does not create a private right of action.
Sec. 105. RCW 47.64.170 and 2013 c 306 s 521 are each amended to read as follows:
(1) Any ferry employee organization certified as the bargaining representative shall be the exclusive representative of all ferry employees in the bargaining unit and shall represent all such employees fairly.
(2) A ferry employee organization or organizations and the governor may each designate any individual as its representative to engage in collective bargaining negotiations.
(3) Negotiating sessions, including strategy meetings of the employer or employee organizations, mediation, and the deliberative process of arbitrators are exempt from the provisions of chapter 42.30 RCW. Hearings conducted by arbitrators may be open to the public by mutual consent of the parties.
(4) Terms of any collective bargaining agreement may be enforced by civil action in Thurston county superior court upon the initiative of either party.
(5) Ferry system employees or any employee organization shall not negotiate or attempt to negotiate directly with anyone other than the person who has been appointed or authorized a bargaining representative for the purpose of bargaining with the ferry employees or their representative.
(6)(a) Within ten working days after the first Monday in September of every odd-numbered year, the parties shall attempt to agree on an interest arbitrator to be used if the parties are not successful in negotiating a comprehensive collective bargaining agreement. If the parties cannot agree on an arbitrator within the ten-day period, either party may request a list of seven arbitrators from the federal mediation and conciliation service. The parties shall select an interest arbitrator using the coin toss/alternate strike method within thirty calendar days of receipt of the list. Immediately upon selecting an interest arbitrator, the parties shall cooperate to reserve dates with the arbitrator for potential arbitration between August 1st and September 15th of the following even‑numbered year. The parties shall also prepare a schedule of at least five negotiation dates for the following year, absent an agreement to the contrary. The parties shall execute a written agreement before November 1st of each odd-numbered year setting forth the name of the arbitrator and the dates reserved for bargaining and arbitration. This subsection (6)(a) imposes minimum obligations only and is not intended to define or limit a party's full, good faith bargaining obligation under other sections of this chapter.
(b) The negotiation of a proposed collective bargaining agreement by representatives of the employer and a ferry employee organization shall commence on or about February 1st of every even-numbered year.
(c) For negotiations covering the 2009-2011 biennium and subsequent biennia, the time periods specified in this section, and in RCW 47.64.210 and 47.64.300 through 47.64.320, must ensure conclusion of all agreements on or before October 1st of the even-numbered year next preceding the biennial budget period during which the agreement should take effect. These time periods may only be altered by mutual agreement of the parties in writing. Any such agreement and any impasse procedures agreed to by the parties under RCW 47.64.200 must include an agreement regarding the new time periods that will allow final resolution by negotiations or arbitration by October 1st of each even-numbered year.
(7) It is the intent of this section that the collective bargaining agreement or arbitrator's award shall commence on July 1st of each odd-numbered year and shall terminate on June 30th of the next odd-numbered year to coincide with the ensuing biennial budget year, as defined by RCW 43.88.020(7), to the extent practical. It is further the intent of this section that all collective bargaining agreements be concluded by October 1st of the even-numbered year before the commencement of the biennial budget year during which the agreements are to be in effect. After the expiration date of a collective bargaining agreement negotiated under this chapter, except to the extent provided in subsection (11) of this section and RCW 47.64.270(4), all of the terms and conditions specified in the collective bargaining agreement remain in effect until the effective date of a subsequently negotiated agreement, not to exceed one year from the expiration date stated in the agreement. Thereafter, the employer may unilaterally implement according to law.
(8) The office of
financial management shall conduct a salary survey, for use in collective
bargaining and arbitration((, which must be conducted through a contract
with a firm nationally recognized in the field of human resources management
consulting)).
(9) Except as provided in subsection (11) of this section:
(a) The governor shall submit a request either for funds necessary to implement the collective bargaining agreements including, but not limited to, the compensation and fringe benefit provisions or for legislation necessary to implement the agreement, or both. Requests for funds necessary to implement the collective bargaining agreements shall not be submitted to the legislature by the governor unless such requests:
(i) Have been submitted to the director of the office of financial management by October 1st before the legislative session at which the requests are to be considered; and
(ii) Have been certified by the director of the office of financial management as being feasible financially for the state.
(b) The governor shall submit a request either for funds necessary to implement the arbitration awards or for legislation necessary to implement the arbitration awards, or both. Requests for funds necessary to implement the arbitration awards shall not be submitted to the legislature by the governor unless such requests:
(i) Have been submitted to the director of the office of financial management by October 1st before the legislative session at which the requests are to be considered; and
(ii) Have been certified by the director of the office of financial management as being feasible financially for the state.
(c) The legislature shall approve or reject the submission of the request for funds necessary to implement the collective bargaining agreements or arbitration awards as a whole for each agreement or award. The legislature shall not consider a request for funds to implement a collective bargaining agreement or arbitration award unless the request is transmitted to the legislature as part of the governor's budget document submitted under RCW 43.88.030 and 43.88.060. If the legislature rejects or fails to act on the submission, either party may reopen all or part of the agreement and award or the exclusive bargaining representative may seek to implement the procedures provided for in RCW 47.64.210 and 47.64.300.
(10) If, after the compensation and fringe benefit provisions of an agreement are approved by the legislature, a significant revenue shortfall occurs resulting in reduced appropriations, as declared by proclamation of the governor or by resolution of the legislature, both parties shall immediately enter into collective bargaining for a mutually agreed upon modification of the agreement.
(11)(a) For the collective bargaining agreements negotiated for the 2011-2013 fiscal biennium, the legislature may consider a request for funds to implement a collective bargaining agreement even if the request for funds was not received by the office of financial management by October 1st and was not transmitted to the legislature as part of the governor's budget document submitted under RCW 43.88.030 and 43.88.060.
(b) For the 2013-2015 fiscal biennium, a collective bargaining agreement related to employee health care benefits negotiated between the employer and coalition pursuant to RCW 41.80.020(3) regarding the dollar amount expended on behalf of each employee must be a separate agreement for which the governor may request funds necessary to implement the agreement. The legislature may act upon a 2013-2015 collective bargaining agreement related to employee health care benefits if an agreement is reached and submitted to the office of financial management and legislative budget committees before final legislative action on the biennial or supplemental operating budget by the sitting legislature.
(c) For the collective bargaining agreements negotiated for the 2013‑2015 fiscal biennium, the legislature may consider a request for funds to implement a collective bargaining agreement reached after October 1st after a determination of financial infeasibility by the director of the office of financial management if the request for funds is transmitted to the legislature as part of the governor's budget document submitted under RCW 43.88.030 and 43.88.060.
Sec. 106. RCW 47.64.360 and 2011 1st sp.s. c 16 s 12 are each amended to read as follows:
(1) The ((office
of financial management)) department of transportation shall
complete a government management and accountability performance report that
provides a baseline assessment of current performance on the performance
measures identified in RCW 47.64.355 ((and section 11 of this act))
using final 2009-2011 data. This report must be presented to the legislature by
November 1, 2011, through the attainment report required in RCW 47.01.071(5)
and 47.04.280.
(2) By December 31,
2012, and each year thereafter, the ((office of financial management)) department
of transportation shall complete a performance report for the prior fiscal
year. This report must be reviewed by the joint transportation committee.
(3) Management
shall lead implementation of the performance measures in RCW 47.64.355 ((and
section 11 of this act)).
Sec. 107. RCW 79.44.060 and 2003 c 334 s 508 are each amended to read as follows:
When the chief
administrative officer of an agency of state government is satisfied that an
assessing district has complied with all the conditions precedent to the levy
of assessments for district purposes, pursuant to this chapter against lands
occupied, used, or under the jurisdiction of the officer's agency, he or she
shall pay them, together with any interest thereon from any funds specifically
appropriated to the agency therefor or from any funds of the agency which under
existing law have been or are required to be expended to pay assessments on a
current basis. ((In all other cases, the chief administrative officer shall
certify to the director of financial management that the assessment is one
properly chargeable to the state. The director of financial management shall
pay such assessments from funds available or appropriated for this purpose.))
Except as provided in RCW 79.44.190 no lands of the state shall be subject to a lien for unpaid assessments, nor shall the interest of the state in any land be sold for unpaid assessments where assessment liens attached to the lands prior to state ownership.
NEW SECTION. Sec. 108. RCW 43.41.130, 43.41.140, 43.41.150, 43.41.370, and 43.41.380 are each recodified as sections in chapter 43.19 RCW.
NEW SECTION. Sec. 109. The following acts or parts of acts are each repealed:
(1) RCW 43.41.190 (Community network programs—Recommended legislation) and 1994 sp.s. c 7 s 318; and
(2) RCW 43.41.195 (Community networks—Fund distribution formula) and 1999 c 372 s 8 & 1994 sp.s. c 7 s 319.
PART II
HUMAN RESOURCES FUNCTIONS
Sec. 201. RCW 28A.345.060 and 2011 1st sp.s. c 43 s 467 are each amended to read as follows:
The association
shall contract with ((the human resources director in)) the office of
financial management to audit in odd-numbered years the association's staff
classifications and employees' salaries. The association shall give copies of
the audit reports to the office of financial management and the committees of
each house of the legislature dealing with common schools.
Sec. 202. RCW 34.05.030 and 2011 1st sp.s. c 43 s 431 are each amended to read as follows:
(1) This chapter shall not apply to:
(a) The state militia, or
(b) The board of clemency and pardons, or
(c) The department of corrections or the indeterminate sentencing review board with respect to persons who are in their custody or are subject to the jurisdiction of those agencies.
(2) The provisions of RCW 34.05.410 through 34.05.598 shall not apply:
(a) To adjudicative proceedings of the board of industrial insurance appeals except as provided in RCW 7.68.110 and 51.48.131;
(b) Except for actions pursuant to chapter 46.29 RCW, to the denial, suspension, or revocation of a driver's license by the department of licensing;
(c) To the department of labor and industries where another statute expressly provides for review of adjudicative proceedings of a department action, order, decision, or award before the board of industrial insurance appeals;
(d) To actions of
the Washington personnel resources board, the ((human resources))
director((, or the office)) of financial management, and the
department of enterprise services when carrying out their duties under chapter
41.06 RCW;
(e) To adjustments by the department of revenue of the amount of the surcharge imposed under RCW 82.04.261; or
(f) To the extent they are inconsistent with any provisions of chapter 43.43 RCW.
(3) Unless a party makes an election for a formal hearing pursuant to RCW 82.03.140 or 82.03.190, RCW 34.05.410 through 34.05.598 do not apply to a review hearing conducted by the board of tax appeals.
(4) The rule-making provisions of this chapter do not apply to:
(a) Reimbursement unit values, fee schedules, arithmetic conversion factors, and similar arithmetic factors used to determine payment rates that apply to goods and services purchased under contract for clients eligible under chapter 74.09 RCW; and
(b) Adjustments by the department of revenue of the amount of the surcharge imposed under RCW 82.04.261.
(5) All other agencies, whether or not formerly specifically excluded from the provisions of all or any part of the administrative procedure act, shall be subject to the entire act.
Sec. 203. RCW 34.12.100 and 2011 1st sp.s. c 43 s 469 are each amended to read as follows:
The chief
administrative law judge shall be paid a salary fixed by the governor after
recommendation of the ((human resources)) director ((in the office))
of financial management. The salaries of administrative law judges appointed
under the terms of this chapter shall be determined by the chief administrative
law judge after recommendation of the ((department of personnel)) director
of financial management.
Sec. 204. RCW 41.04.340 and 2011 1st sp.s. c 43 s 432 and 2011 1st sp.s. c 39 s 12 are each reenacted and amended to read as follows:
(1) An attendance incentive program is established for all eligible employees. As used in this section the term "eligible employee" means any employee of the state, other than eligible employees of the community and technical colleges and the state board for community and technical colleges identified in RCW 28B.50.553, and teaching and research faculty at the state and regional universities and The Evergreen State College, entitled to accumulate sick leave and for whom accurate sick leave records have been maintained. No employee may receive compensation under this section for any portion of sick leave accumulated at a rate in excess of one day per month. The state and regional universities and The Evergreen State College shall maintain complete and accurate sick leave records for all teaching and research faculty.
(2) In January of the year following any year in which a minimum of sixty days of sick leave is accrued, and each January thereafter, any eligible employee may receive remuneration for unused sick leave accumulated in the previous year at a rate equal to one day's monetary compensation of the employee for each four full days of accrued sick leave in excess of sixty days. Sick leave for which compensation has been received shall be deducted from accrued sick leave at the rate of four days for every one day's monetary compensation.
From July 1, 2011, through June 29, 2013, the rate of monetary compensation for the purposes of this subsection shall not be reduced by any temporary salary reduction.
(3) At the time of separation from state service due to retirement or death, an eligible employee or the employee's estate may elect to receive remuneration at a rate equal to one day's current monetary compensation of the employee for each four full days of accrued sick leave. From July 1, 2011, through June 29, 2013, the rate of monetary compensation for the purposes of this subsection shall not be reduced by any temporary salary reduction.
(4) Remuneration or benefits received under this section shall not be included for the purpose of computing a retirement allowance under any public retirement system in this state.
(5) Except as
provided in subsections (7) through (9) of this section for employees not
covered by chapter 41.06 RCW, this section shall be administered, and rules
shall be adopted to carry out its purposes, by the ((human resources))
director of financial management for persons subject to chapter 41.06
RCW((: PROVIDED, That determination of classes of eligible employees shall
be subject to approval by the office of financial management)).
(6) Should the legislature revoke any remuneration or benefits granted under this section, no affected employee shall be entitled thereafter to receive such benefits as a matter of contractual right.
(7) In lieu of
remuneration for unused sick leave at retirement as provided in subsection (3)
of this section, an agency head or designee may with equivalent funds, provide
eligible employees with a benefit plan that provides for reimbursement for
medical expenses. This plan shall be implemented only after consultation with
affected groups of employees. For eligible employees covered by chapter 41.06
RCW, procedures for the implementation of these plans shall be adopted by the
((human resources)) director of the state health care authority.
For eligible employees exempt from chapter 41.06 RCW, ((and classified
employees who have opted out of coverage of chapter 41.06 RCW as provided in
RCW 41.56.201,)) implementation procedures shall be adopted by an agency
head having jurisdiction over the employees.
(8) Implementing
procedures adopted by the ((human resources)) director of the state
health care authority or agency heads shall require that each medical
expense plan authorized by subsection (7) of this section apply to all eligible
employees in any one of the following groups: (a) Employees in an agency; (b)
employees in a major organizational subdivision of an agency; (c) employees at
a major operating location of an agency; (d) exempt employees under the
jurisdiction of an elected or appointed Washington state executive; (e)
employees of the Washington state senate; (f) employees of the Washington state
house of representatives; (g) classified employees in a bargaining unit
established by the ((director of personnel)) public employment
relations commission; or (h) other group of employees defined by an agency
head that is not designed to provide an individual-employee choice regarding
participation in a medical expense plan. However, medical expense plans for
eligible employees in any of the groups under (a) through (h) of this
subsection who are covered by a collective bargaining agreement shall be
implemented only by written agreement with the bargaining unit's exclusive
representative and a separate medical expense plan may be provided for
unrepresented employees.
(9) Medical expense plans authorized by subsection (7) of this section must require as a condition of participation in the plan that employees in the group affected by the plan sign an agreement with the employer. The agreement must include a provision to hold the employer harmless should the United States government find that the employer or the employee is in debt to the United States as a result of the employee not paying income taxes due on the equivalent funds placed into the plan, or as a result of the employer not withholding or deducting a tax, assessment, or other payment on the funds as required by federal law. The agreement must also include a provision that requires an eligible employee to forfeit remuneration under subsection (3) of this section if the employee belongs to a group that has been designated to participate in the medical expense plan permitted under this section and the employee refuses to execute the required agreement.
Sec. 205. RCW 41.04.665 and 2011 1st sp.s. c 43 s 435 are each amended to read as follows:
(1) An agency head may permit an employee to receive leave under this section if:
(a)(i) The employee suffers from, or has a relative or household member suffering from, an illness, injury, impairment, or physical or mental condition which is of an extraordinary or severe nature;
(ii) The employee has been called to service in the uniformed services;
(iii) A state of emergency has been declared anywhere within the United States by the federal or any state government and the employee has needed skills to assist in responding to the emergency or its aftermath and volunteers his or her services to either a governmental agency or to a nonprofit organization engaged in humanitarian relief in the devastated area, and the governmental agency or nonprofit organization accepts the employee's offer of volunteer services; or
(iv) The employee
is a victim of domestic violence, sexual assault, or stalking; ((or
(v) During the
2009-2011 fiscal biennium only, the employee is eligible to use leave in lieu
of temporary layoff under section 3(5), chapter 32, Laws of 2010 1st sp. sess.;))
(b) The illness, injury, impairment, condition, call to service, emergency volunteer service, or consequence of domestic violence, sexual assault, temporary layoff under section 3(5), chapter 32, Laws of 2010 1st sp. sess., or stalking has caused, or is likely to cause, the employee to:
(i) Go on leave without pay status; or
(ii) Terminate state employment;
(c) The employee's absence and the use of shared leave are justified;
(d) The employee has depleted or will shortly deplete his or her:
(i) Annual leave and sick leave reserves if he or she qualifies under (a)(i) of this subsection;
(ii) Annual leave and paid military leave allowed under RCW 38.40.060 if he or she qualifies under (a)(ii) of this subsection; or
(iii) Annual leave
if he or she qualifies under (a)(iii)((,)) or (iv)((, or (v)))
of this subsection;
(e) The employee has abided by agency rules regarding:
(i) Sick leave use if he or she qualifies under (a)(i) or (iv) of this subsection; or
(ii) Military leave if he or she qualifies under (a)(ii) of this subsection; and
(f) The employee has diligently pursued and been found to be ineligible for benefits under chapter 51.32 RCW if he or she qualifies under (a)(i) of this subsection.
(2) The agency head shall determine the amount of leave, if any, which an employee may receive under this section. However, an employee shall not receive a total of more than five hundred twenty-two days of leave, except that, a supervisor may authorize leave in excess of five hundred twenty-two days in extraordinary circumstances for an employee qualifying for the shared leave program because he or she is suffering from an illness, injury, impairment, or physical or mental condition which is of an extraordinary or severe nature. Shared leave received under the uniformed service shared leave pool in RCW 41.04.685 is not included in this total.
(3) An employee may transfer annual leave, sick leave, and his or her personal holiday, as follows:
(a) An employee who has an accrued annual leave balance of more than ten days may request that the head of the agency for which the employee works transfer a specified amount of annual leave to another employee authorized to receive leave under subsection (1) of this section. In no event may the employee request a transfer of an amount of leave that would result in his or her annual leave account going below ten days. For purposes of this subsection (3)(a), annual leave does not accrue if the employee receives compensation in lieu of accumulating a balance of annual leave.
(b) An employee may transfer a specified amount of sick leave to an employee requesting shared leave only when the donating employee retains a minimum of one hundred seventy-six hours of sick leave after the transfer.
(c) An employee may transfer, under the provisions of this section relating to the transfer of leave, all or part of his or her personal holiday, as that term is defined under RCW 1.16.050, or as such holidays are provided to employees by agreement with a school district's board of directors if the leave transferred under this subsection does not exceed the amount of time provided for personal holidays under RCW 1.16.050.
(4) An employee of
an institution of higher education under RCW 28B.10.016, school district, or
educational service district who does not accrue annual leave but does accrue
sick leave and who has an accrued sick leave balance of more than twenty-two
days may request that the head of the agency for which the employee works
transfer a specified amount of sick leave to another employee authorized to
receive leave under subsection (1) of this section. In no event may such an
employee request a transfer that would result in his or her sick leave account
going below twenty-two days. Transfers of sick leave under this subsection are
limited to transfers from employees who do not accrue annual leave. Under this
subsection, "sick leave" also includes leave accrued pursuant to RCW
28A.400.300(((2)))(1)(b) or 28A.310.240(1) with compensation for
illness, injury, and emergencies.
(5) Transfers of leave made by an agency head under subsections (3) and (4) of this section shall not exceed the requested amount.
(6) Leave transferred under this section may be transferred from employees of one agency to an employee of the same agency or, with the approval of the heads of both agencies, to an employee of another state agency.
(7) While an employee is on leave transferred under this section, he or she shall continue to be classified as a state employee and shall receive the same treatment in respect to salary, wages, and employee benefits as the employee would normally receive if using accrued annual leave or sick leave.
(a) All salary and wage payments made to employees while on leave transferred under this section shall be made by the agency employing the person receiving the leave. The value of leave transferred shall be based upon the leave value of the person receiving the leave.
(b) In the case of leave transferred by an employee of one agency to an employee of another agency, the agencies involved shall arrange for the transfer of funds and credit for the appropriate value of leave.
(i) Pursuant to rules adopted by the office of financial management, funds shall not be transferred under this section if the transfer would violate any constitutional or statutory restrictions on the funds being transferred.
(ii) The office of financial management may adjust the appropriation authority of an agency receiving funds under this section only if and to the extent that the agency's existing appropriation authority would prevent it from expending the funds received.
(iii) Where any questions arise in the transfer of funds or the adjustment of appropriation authority, the director of financial management shall determine the appropriate transfer or adjustment.
(8) Leave transferred under this section shall not be used in any calculation to determine an agency's allocation of full time equivalent staff positions.
(9) The value of any leave transferred under this section which remains unused shall be returned at its original value to the employee or employees who transferred the leave when the agency head finds that the leave is no longer needed or will not be needed at a future time in connection with the illness or injury for which the leave was transferred or for any other qualifying condition. Before the agency head makes a determination to return unused leave in connection with an illness or injury, or any other qualifying condition, he or she must receive from the affected employee a statement from the employee's doctor verifying that the illness or injury is resolved. To the extent administratively feasible, the value of unused leave which was transferred by more than one employee shall be returned on a pro rata basis.
(10) An employee who uses leave that is transferred to him or her under this section may not be required to repay the value of the leave that he or she used.
(11) The ((human
resources)) director of financial management may adopt rules as
necessary to implement subsection (2) of this section.
Sec. 206. RCW 41.04.680 and 2011 1st sp.s. c 43 s 437 are each amended to read as follows:
The office of financial management and other personnel authorities shall adopt rules or policies governing the accumulation and use of sick leave for state agency and department employees, expressly for the establishment of a plan allowing participating employees to pool sick leave and allowing any sick leave thus pooled to be used by any participating employee who has used all of the sick leave, annual leave, and compensatory leave that has been personally accrued by him or her. Each department or agency of the state may allow employees to participate in a sick leave pool established by the office of financial management and other personnel authorities.
(1) For purposes of calculating maximum sick leave that may be donated or received by any one employee, pooled sick leave:
(a) Is counted and converted in the same manner as sick leave under the Washington state leave sharing program as provided in this chapter; and
(b) Does not create a right to sick leave in addition to the amount that may be donated or received under the Washington state leave sharing program as provided in this chapter.
(2) The office of financial management and other personnel authorities, except the personnel authorities for higher education institutions, shall adopt rules which provide:
(a) That employees are eligible to participate in the sick leave pool after one year of employment with the state or agency of the state if the employee has accrued a minimum amount of unused sick leave, to be established by rule;
(b) That participation in the sick leave pool shall, at all times, be voluntary on the part of the employees;
(c) That any sick leave pooled shall be removed from the personally accumulated sick leave balance of the employee contributing the leave;
(d) That any sick leave in the pool that is used by a participating employee may be used only for the employee's personal illness, accident, or injury;
(e) That a participating employee is not eligible to use sick leave accumulated in the pool until all of his or her personally accrued sick, annual, and compensatory leave has been used;
(f) A maximum number of days of sick leave in the pool that any one employee may use;
(g) That a participating employee who uses sick leave from the pool is not required to recontribute such sick leave to the pool, except as otherwise provided in this section;
(h) That an employee who cancels his or her membership in the sick leave pool is not eligible to withdraw the days of sick leave contributed by that employee to the pool;
(i) That an employee who transfers from one position in state government to another position in state government may transfer from one pool to another if the eligibility criteria of the pools are comparable and the administrators of the pools have agreed on a formula for transfer of credits;
(j) That alleged abuse of the use of the sick leave pool shall be investigated, and, on a finding of wrongdoing, the employee shall repay all of the sick leave credits drawn from the sick leave pool and shall be subject to such other disciplinary action as is determined by the agency head;
(k) That sick leave credits may be drawn from the sick leave pool by a part-time employee on a pro rata basis; and
(l) That each
department or agency shall maintain accurate and reliable records showing the
amount of sick leave which has been accumulated and is unused by employees, in
accordance with guidelines established by the ((department of personnel))
office of financial management.
(3) Personnel authorities for higher education institutions shall adopt policies consistent with the needs of the employees under their respective jurisdictions.
Sec. 207. RCW 41.06.020 and 2011 1st sp.s. c 43 s 401 are each reenacted and amended to read as follows:
Unless the context clearly indicates otherwise, the words used in this chapter have the meaning given in this section.
(1) "Affirmative action" means a procedure by which racial minorities, women, persons in the protected age category, persons with disabilities, Vietnam-era veterans, and disabled veterans are provided with increased employment opportunities. It shall not mean any sort of quota system.
(2) "Agency" means an office, department, board, commission, or other separate unit or division, however designated, of the state government and all personnel thereof; it includes any unit of state government established by law, the executive officer or members of which are either elected or appointed, upon which the statutes confer powers and impose duties in connection with operations of either a governmental or proprietary nature.
(3) "Board" means the Washington personnel resources board established under the provisions of RCW 41.06.110, except that this definition does not apply to the words "board" or "boards" when used in RCW 41.06.070.
(4) "Career development" means the progressive development of employee capabilities to facilitate productivity, job satisfaction, and upward mobility through work assignments as well as education and training that are both state-sponsored and are achieved by individual employee efforts, all of which shall be consistent with the needs and obligations of the state and its agencies.
(5) "Classified service" means all positions in the state service subject to the provisions of this chapter.
(6) "Comparable worth" means the provision of similar salaries for positions that require or impose similar responsibilities, judgments, knowledge, skills, and working conditions.
(7) "Competitive service" means all positions in the classified service for which a competitive examination is required as a condition precedent to appointment.
(8) "Department" means an agency of government that has as its governing officer a person, or combination of persons such as a commission, board, or council, by law empowered to operate the agency responsible either to (a) no other public officer or (b) the governor.
(9)
"Director" means the ((human resources)) director ((within
the office)) of financial management ((and appointed under RCW 43.41.113))
or the director's designee.
(10) "Institutions of higher education" means the University of Washington, Washington State University, Central Washington University, Eastern Washington University, Western Washington University, The Evergreen State College, and the various state community colleges.
(11) "Noncompetitive service" means all positions in the classified service for which a competitive examination is not required.
(12) "Related boards" means the state board for community and technical colleges; and such other boards, councils, and commissions related to higher education as may be established.
(13) "Training" means activities designed to develop job-related knowledge and skills of employees.
Sec. 208. RCW 41.06.157 and 2011 1st sp.s. c 43 s 411 are each amended to read as follows:
(1) To promote the most effective use of the state's workforce and improve the effectiveness and efficiency of the delivery of services to the citizens of the state, the director shall adopt and maintain a comprehensive classification plan for all positions in the classified service. The classification plan must:
(a) Be simple and streamlined;
(b) Support state agencies in responding to changing technologies, economic and social conditions, and the needs of its citizens;
(c) Value workplace diversity;
(d) Facilitate the reorganization and decentralization of governmental services;
(e) Enhance mobility and career advancement opportunities; and
(f) Consider rates in other public employment and private employment in the state.
(2) An appointing
authority and an employee organization representing classified employees of the
appointing authority for collective bargaining purposes may jointly request the
((human resources)) director of financial management to initiate
a classification study.
(3) For institutions of higher education and related boards, the director may adopt special salary ranges to be competitive with positions of a similar nature in the state or the locality in which the institution of higher education or related board is located.
(4) The director may undertake salary surveys of positions in other public and private employment to establish market rates. Any salary survey information collected from private employers which identifies a specific employer with salary rates which the employer pays to its employees shall not be subject to public disclosure under chapter 42.56 RCW.
Sec. 209. RCW 41.06.167 and 2011 1st sp.s. c 43 s 413 are each amended to read as follows:
The ((human
resources)) director of financial management shall undertake
comprehensive compensation surveys for officers and entry-level officer
candidates of the Washington state patrol, with such surveys to be conducted in
the year prior to the convening of every other one hundred five day regular
session of the state legislature. Salary and fringe benefit survey information
collected from private employers which identifies a specific employer with the
salary and fringe benefit rates which that employer pays to its employees shall
not be subject to public disclosure under chapter 42.56 RCW.
Sec. 210. RCW 42.17A.705 and 2012 c 229 s 582 are each amended to read as follows:
For the purposes of RCW 42.17A.700, "executive state officer" includes:
(1) The chief
administrative law judge, the director of agriculture, the director of the
department of services for the blind, the chief information officer of the
office of chief information officer, the director of the state system of
community and technical colleges, the director of commerce, the director of the
consolidated technology services agency, the secretary of corrections, the
director of early learning, the director of ecology, the commissioner of
employment security, the chair of the energy facility site evaluation council,
the director of enterprise services, the secretary of the state finance
committee, the director of financial management, the director of fish and
wildlife, the executive secretary of the forest practices appeals board, the
director of the gambling commission, the secretary of health, the administrator
of the Washington state health care authority, the executive secretary of the
health care facilities authority, the executive secretary of the higher
education facilities authority, the executive secretary of the horse racing
commission, ((the human resources director,)) the executive secretary of
the human rights commission, the executive secretary of the indeterminate
sentence review board, the executive director of the state investment board,
the director of labor and industries, the director of licensing, the director
of the lottery commission, the director of the office of minority and women's
business enterprises, the director of parks and recreation, the executive
director of the public disclosure commission, the executive director of the
Puget Sound partnership, the director of the recreation and conservation
office, the director of retirement systems, the director of revenue, the
secretary of social and health services, the chief of the Washington state
patrol, the executive secretary of the board of tax appeals, the secretary of
transportation, the secretary of the utilities and transportation commission,
the director of veterans affairs, the president of each of the regional and
state universities and the president of The Evergreen State College, and each
district and each campus president of each state community college;
(2) Each professional staff member of the office of the governor;
(3) Each professional staff member of the legislature; and
(4) Central Washington University board of trustees, the boards of trustees of each community college and each technical college, each member of the state board for community and technical colleges, state convention and trade center board of directors, Eastern Washington University board of trustees, Washington economic development finance authority, Washington energy northwest executive board, The Evergreen State College board of trustees, executive ethics board, fish and wildlife commission, forest practices appeals board, forest practices board, gambling commission, Washington health care facilities authority, student achievement council, higher education facilities authority, horse racing commission, state housing finance commission, human rights commission, indeterminate sentence review board, board of industrial insurance appeals, state investment board, commission on judicial conduct, legislative ethics board, life sciences discovery fund authority board of trustees, liquor control board, lottery commission, Pacific Northwest electric power and conservation planning council, parks and recreation commission, Washington personnel resources board, board of pilotage commissioners, pollution control hearings board, public disclosure commission, public employees' benefits board, recreation and conservation funding board, salmon recovery funding board, shorelines hearings board, board of tax appeals, transportation commission, University of Washington board of regents, utilities and transportation commission, Washington State University board of regents, and Western Washington University board of trustees.
Sec. 211. RCW 41.80.020 and 2013 2nd sp.s. c 4 s 972 are each amended to read as follows:
(1) Except as otherwise provided in this chapter, the matters subject to bargaining include wages, hours, and other terms and conditions of employment, and the negotiation of any question arising under a collective bargaining agreement.
(2) The employer is not required to bargain over matters pertaining to:
(a) Health care benefits or other employee insurance benefits, except as required in subsection (3) of this section;
(b) Any retirement system or retirement benefit; or
(c) Rules of the ((human
resources)) director of financial management, the director of
enterprise services, or the Washington personnel resources board adopted under
RCW 41.06.157.
(3) Matters subject to bargaining include the number of names to be certified for vacancies, promotional preferences, and the dollar amount expended on behalf of each employee for health care benefits. However, except as provided otherwise in this subsection for institutions of higher education, negotiations regarding the number of names to be certified for vacancies, promotional preferences, and the dollar amount expended on behalf of each employee for health care benefits shall be conducted between the employer and one coalition of all the exclusive bargaining representatives subject to this chapter. The exclusive bargaining representatives for employees that are subject to chapter 47.64 RCW shall bargain the dollar amount expended on behalf of each employee for health care benefits with the employer as part of the coalition under this subsection. Any such provision agreed to by the employer and the coalition shall be included in all master collective bargaining agreements negotiated by the parties. For institutions of higher education, promotional preferences and the number of names to be certified for vacancies shall be bargained under the provisions of RCW 41.80.010(4). For agreements covering the 2013‑2015 fiscal biennium, any agreement between the employer and the coalition regarding the dollar amount expended on behalf of each employee for health care benefits is a separate agreement and shall not be included in the master collective bargaining agreements negotiated by the parties.
(4) The employer and the exclusive bargaining representative shall not agree to any proposal that would prevent the implementation of approved affirmative action plans or that would be inconsistent with the comparable worth agreement that provided the basis for the salary changes implemented beginning with the 1983-1985 biennium to achieve comparable worth.
(5) The employer and the exclusive bargaining representative shall not bargain over matters pertaining to management rights established in RCW 41.80.040.
(6) Except as otherwise provided in this chapter, if a conflict exists between an executive order, administrative rule, or agency policy relating to wages, hours, and terms and conditions of employment and a collective bargaining agreement negotiated under this chapter, the collective bargaining agreement shall prevail. A provision of a collective bargaining agreement that conflicts with the terms of a statute is invalid and unenforceable.
(7) This section does not prohibit bargaining that affects contracts authorized by RCW 41.06.142.
Sec. 212. RCW 43.03.040 and 2011 1st sp.s. c 39 s 8 are each amended to read as follows:
Subject to RCW
41.04.820, the directors of the several departments and members of the several
boards and commissions, whose salaries are fixed by the governor and the chief
executive officers of the agencies named in RCW 43.03.028(1) as now or
hereafter amended shall each severally receive such salaries, payable in
monthly installments, as shall be fixed by the governor or the appropriate
salary fixing authority, in an amount not to exceed the recommendations of the
((department of personnel)) office of financial management. From
February 18, 2009, through June 30, 2013, a salary or wage increase shall not
be granted to any position under this section, except that increases may be
granted for positions for which the employer has demonstrated difficulty
retaining qualified employees if the following conditions are met:
(1) The salary increase can be paid within existing resources;
(2) The salary increase will not adversely impact the provision of client services; and
(3) For any state agency of the executive branch, not including institutions of higher education, the salary increase is approved by the director of the office of financial management.
Any agency granting a salary increase from February 15, 2010, through June 30, 2011, to a position under this section shall submit a report to the fiscal committees of the legislature no later than July 31, 2011, detailing the positions for which salary increases were granted, the size of the increases, and the reasons for giving the increases.
Any agency granting a salary increase from July 1, 2011, through June 30, 2013, to a position under this section shall submit a report to the fiscal committees of the legislature by July 31, 2012, and July 31, 2013, detailing the positions for which salary increases were granted during the preceding fiscal year, the size of the increases, and the reasons for giving the increases.
Sec. 213. RCW 43.06.013 and 2011 1st sp.s. c 43 s 454 are each amended to read as follows:
When requested by
the governor or the director of the department of enterprise services,
nonconviction criminal history fingerprint record checks shall be conducted
through the Washington state patrol identification and criminal history section
and the federal bureau of investigation on applicants for agency head positions
appointed by the governor. Information received pursuant to this section shall
be confidential and made available only to the governor or director of ((the
department of personnel)) financial management or their employees
directly involved in the selection, hiring, or background investigation of the
subject of the record check. When necessary, applicants may be employed on a
conditional basis pending completion of the criminal history record check.
"Agency head" as used in this section has the same definition as
provided in RCW 34.05.010.
Sec. 214. RCW 43.41.113 and 2011 1st sp.s. c 43 s 430 are each amended to read as follows:
(1) The office of financial management shall direct and supervise the personnel policy and application of the civil service laws, chapter 41.06 RCW.
(2) ((The human
resources director is created in the office of financial management. The human
resources director shall be appointed by the governor, and shall serve at the
pleasure of the governor. The director shall receive a salary in an amount
fixed by the governor.
(3))) The ((human
resources)) director or the director's designee has the authority
and shall perform the functions as prescribed in chapter 41.06 RCW, or as
otherwise prescribed by law.
(((4))) (3)
The ((human resources)) director may delegate to any agency the
authority to perform administrative and technical personnel activities if the
agency requests such authority and the ((human resources)) director is
satisfied that the agency has the personnel management capabilities to
effectively perform the delegated activities. The ((human resources)) director
shall prescribe standards and guidelines for the performance of delegated
activities. If the ((human resources)) director determines that an
agency is not performing delegated activities within the prescribed standards
and guidelines, the director shall withdraw the authority from the agency to
perform such activities.
Sec. 215. RCW 43.131.090 and 2011 1st sp.s. c 43 s 459 are each amended to read as follows:
Unless the legislature specifies a shorter period of time, a terminated entity shall continue in existence until June 30th of the next succeeding year for the purpose of concluding its affairs: PROVIDED, That the powers and authority of the entity shall not be reduced or otherwise limited during this period. Unless otherwise provided:
(1) All employees
of terminated entities classified under chapter 41.06 RCW, the state civil
service law, shall be transferred as appropriate or as otherwise provided in
the procedures adopted by the ((human resources)) director of financial
management pursuant to RCW 41.06.150;
(2) All documents and papers, equipment, or other tangible property in the possession of the terminated entity shall be delivered to the custody of the entity assuming the responsibilities of the terminated entity or if such responsibilities have been eliminated, documents and papers shall be delivered to the state archivist and equipment or other tangible property to the department of enterprise services;
(3) All funds held by, or other moneys due to, the terminated entity shall revert to the fund from which they were appropriated, or if that fund is abolished to the general fund;
(4) Notwithstanding the provisions of RCW 34.05.020, all rules made by a terminated entity shall be repealed, without further action by the entity, at the end of the period provided in this section, unless assumed and reaffirmed by the entity assuming the related legal responsibilities of the terminated entity;
(5) All contractual rights and duties of an entity shall be assigned or delegated to the entity assuming the responsibilities of the terminated entity, or if there is none to such entity as the governor shall direct.
Sec. 216. RCW 48.37.060 and 2011 1st sp.s. c 43 s 460 are each amended to read as follows:
(1) When the commissioner determines that other market conduct actions identified in RCW 48.37.040(4)(a) have not sufficiently addressed issues raised concerning company activities in Washington state, the commissioner has the discretion to conduct market conduct examinations in accordance with the NAIC market conduct uniform examination procedures and the NAIC market regulation handbook.
(2)(a) In lieu of an examination of an insurer licensed in this state, the commissioner shall accept an examination report of another state, unless the commissioner determines that the other state does not have laws substantially similar to those of this state, or does not have a market oversight system that is comparable to the market conduct oversight system set forth in this law.
(b) The commissioner's determination under (a) of this subsection is discretionary with the commissioner and is not subject to appeal.
(c) If the insurer to be examined is part of an insurance holding company system, the commissioner may also seek to simultaneously examine any affiliates of the insurer under common control and management which are licensed to write the same lines of business in this state.
(3) Before commencement of a market conduct examination, market conduct oversight personnel shall prepare a work plan consisting of the following:
(a) The name and address of the insurer being examined;
(b) The name and contact information of the examiner-in-charge;
(c) The name of all market conduct oversight personnel initially assigned to the market conduct examination;
(d) The justification for the examination;
(e) The scope of the examination;
(f) The date the examination is scheduled to begin;
(g) Notice of any noninsurance department personnel who will assist in the examination;
(h) A time estimate for the examination;
(i) A budget for the examination if the cost of the examination is billed to the insurer; and
(j) An identification of factors that will be included in the billing if the cost of the examination is billed to the insurer.
(4)(a) Within ten days of the receipt of the information contained in subsection (3) of this section, insurers may request the commissioner's discretionary review of any alleged conflict of interest, pursuant to RCW 48.37.090(2), of market conduct oversight personnel and noninsurance department personnel assigned to a market conduct examination. The request for review shall specifically describe the alleged conflict of interest in the proposed assignment of any person to the examination.
(b) Within five business days of receiving a request for discretionary review of any alleged conflict of interest in the proposed assignment of any person to a market conduct examination, the commissioner or designee shall notify the insurer of any action regarding the assignment of personnel to a market conduct examination based on the insurer's allegation of conflict of interest.
(5) Market conduct examinations shall, to the extent feasible, use desk examinations and data requests before an on-site examination.
(6) Market conduct examinations shall be conducted in accordance with the provisions set forth in the NAIC market regulation handbook and the NAIC market conduct uniform examinations procedures, subject to the precedence of the provisions of chapter 82, Laws of 2007.
(7) The commissioner shall use the NAIC standard data request.
(8) Announcement of the examination shall be sent to the insurer and posted on the NAIC's examination tracking system as soon as possible but in no case later than sixty days before the estimated commencement of the examination, except where the examination is conducted in response to extraordinary circumstances as described in RCW 48.37.050(2)(a). The announcement sent to the insurer shall contain the examination work plan and a request for the insurer to name its examination coordinator.
(9) If an examination is expanded significantly beyond the original reasons provided to the insurer in the notice of the examination required by subsection (3) of this section, the commissioner shall provide written notice to the insurer, explaining the expansion and reasons for the expansion. The commissioner shall provide a revised work plan if the expansion results in significant changes to the items presented in the original work plan required by subsection (3) of this section.
(10) The commissioner shall conduct a preexamination conference with the insurer examination coordinator and key personnel to clarify expectations at least thirty days before commencement of the examination, unless otherwise agreed by the insurer and the commissioner.
(11) Before the conclusion of the field work for market conduct examination, the examiner-in-charge shall review examination findings to date with insurer personnel and schedule an exit conference with the insurer, in accordance with procedures in the NAIC market regulation handbook.
(12)(a) No later than sixty days after completion of each market conduct examination, the commissioner shall make a full written report of each market conduct examination containing only facts ascertained from the accounts, records, and documents examined and from the sworn testimony of individuals, and such conclusions and recommendations as may reasonably be warranted from such facts.
(b) The report shall be certified by the commissioner or by the examiner-in-charge of the examination, and shall be filed in the commissioner's office subject to (c) of this subsection.
(c) The commissioner shall furnish a copy of the market conduct examination report to the person examined not less than ten days and, unless the time is extended by the commissioner, not more than thirty days prior to the filing of the report for public inspection in the commissioner's office. If the person so requests in writing within such period, the commissioner shall hold a hearing to consider objections of such person to the report as proposed, and shall not so file the report until after such hearing and until after any modifications in the report deemed necessary by the commissioner have been made.
(d) Within thirty days of the end of the period described in (c) of this subsection, unless extended by order of the commissioner, the commissioner shall consider the report, together with any written submissions or rebuttals and any relevant portions of the examiner's work papers and enter an order:
(i) Adopting the market conduct examination report as filed or with modification or corrections. If the market conduct examination report reveals that the company is operating in violation of any law, rule, or order of the commissioner, the commissioner may order the company to take any action the commissioner considers necessary and appropriate to cure that violation;
(ii) Rejecting the market conduct examination report with directions to the examiners to reopen the examination for purposes of obtaining additional data, documentation, or information, and refiling under this subsection; or
(iii) Calling for an investigatory hearing with no less than twenty days' notice to the company for purposes of obtaining additional documentation, data, information, and testimony.
(e) All orders entered under (d) of this subsection must be accompanied by findings and conclusions resulting from the commissioner's consideration and review of the market conduct examination report, relevant examiner work papers, and any written submissions or rebuttals. The order is considered a final administrative decision and may be appealed under the administrative procedure act, chapter 34.05 RCW, and must be served upon the company by certified mail or certifiable electronic means, together with a copy of the adopted examination report. A copy of the adopted examination report must be sent by certified mail or certifiable electronic means to each director at the director's residential address or to a personal e-mail account.
(f)(i) Upon the adoption of the market conduct examination report under (d) of this subsection, the commissioner shall continue to hold the content of the examination report as private and confidential information for a period of five days except that the order may be disclosed to the person examined. Thereafter, the commissioner may open the report for public inspection so long as no court of competent jurisdiction has stayed its publication.
(ii) If the commissioner determines that regulatory action is appropriate as a result of any market conduct examination, he or she may initiate any proceedings or actions as provided by law.
(iii) Nothing contained in this subsection requires the commissioner to disclose any information or records that would indicate or show the existence or content of any investigation or activity of a criminal justice agency.
(g) The insurer's response shall be included in the commissioner's order adopting the final report as an exhibit to the order. The insurer is not obligated to submit a response.
(13) The commissioner may withhold from public inspection any examination or investigation report for so long as he or she deems it advisable.
(14)(a) Market conduct examinations within this state of any insurer domiciled or having its home offices in this state, other than a title insurer, made by the commissioner or the commissioner's examiners and employees shall, except as to fees, mileage, and expense incurred as to witnesses, be at the expense of the state.
(b) Every other examination, whatsoever, or any part of the market conduct examination of any person domiciled or having its home offices in this state requiring travel and services outside this state, shall be made by the commissioner or by examiners designated by the commissioner and shall be at the expense of the person examined; but a domestic insurer shall not be liable for the compensation of examiners employed by the commissioner for such services outside this state.
(c) When making a market conduct examination under this chapter, the commissioner may contract, in accordance with applicable state contracting procedures, for qualified attorneys, appraisers, independent certified public accountants, contract actuaries, and other similar individuals who are independently practicing their professions, even though those persons may from time to time be similarly employed or retained by persons subject to examination under this chapter, as examiners as the commissioner deems necessary for the efficient conduct of a particular examination. The compensation and per diem allowances paid to such contract persons shall be reasonable in the market and time incurred, shall not exceed one hundred twenty-five percent of the compensation and per diem allowances for examiners set forth in the guidelines adopted by the national association of insurance commissioners, unless the commissioner demonstrates that one hundred twenty-five percent is inadequate under the circumstances of the examination, and subject to the provisions of (a) of this subsection.
(d)(i) The person
examined and liable shall reimburse the state upon presentation of an itemized
statement thereof, for the actual travel expenses of the commissioner's
examiners, their reasonable living expenses allowance, and their per diem
compensation, including salary and the employer's cost of employee benefits, at
a reasonable rate approved by the commissioner, incurred on account of the
examination. Per diem, salary, and expenses for employees examining insurers
domiciled outside the state of Washington shall be established by the
commissioner on the basis of the national association of insurance
commissioner's recommended salary and expense schedule for zone examiners, or
the salary schedule ((established by the human resources director)) and
the expense schedule established by the office of financial management,
whichever is higher. A domestic title insurer shall pay the examination expense
and costs to the commissioner as itemized and billed by the commissioner.
(ii) The commissioner or the commissioner's examiners shall not receive or accept any additional emolument on account of any examination.
(iii) Market conduct examination fees subject to being reimbursed by an insurer shall be itemized and bills shall be provided to the insurer on a monthly basis for review prior to submission for payment, or as otherwise provided by state law.
(e) Nothing contained in this chapter limits the commissioner's authority to terminate or suspend any examination in order to pursue other legal or regulatory action under the insurance laws of this state. Findings of fact and conclusions made pursuant to any examination are prima facie evidence in any legal or regulatory action.
(f) The commissioner shall maintain active management and oversight of market conduct examination costs, including costs associated with the commissioner's own examiners, and with retaining qualified contract examiners necessary to perform an examination. Any agreement with a contract examiner shall:
(i) Clearly identify the types of functions to be subject to outsourcing;
(ii) Provide specific timelines for completion of the outsourced review;
(iii) Require disclosure to the insurer of contract examiners' recommendations;
(iv) Establish and use a dispute resolution or arbitration mechanism to resolve conflicts with insurers regarding examination fees; and
(v) Require disclosure of the terms of the contracts with the outside consultants that will be used, specifically the fees and/or hourly rates that can be charged.
(g) The commissioner, or the commissioner's designee, shall review and affirmatively endorse detailed billings from the qualified contract examiner before the detailed billings are sent to the insurer.
Sec. 217. RCW 49.74.020 and 2011 1st sp.s. c 43 s 463 are each amended to read as follows:
If the commission
reasonably believes that a state agency, an institution of higher education, or
the state patrol has failed to comply with an affirmative action rule adopted
under RCW 41.06.150 or 43.43.340, the commission shall notify the director of
the state agency, president of the institution of higher education, or chief of
the Washington state patrol of the noncompliance, as well as the ((human resources))
director of financial management. The commission shall give the director
of the state agency, president of the institution of higher education, or chief
of the Washington state patrol an opportunity to be heard on the failure to
comply.
PART III
CONSOLIDATED TECHNOLOGY SERVICES AGENCY
Sec. 301. RCW 43.105.020 and 2011 1st sp.s. c 43 s 802 are each amended to read as follows:
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
(1) "Agency" means the consolidated technology services agency.
(2) "Board" means the technology services board.
(3) "Customer agencies" means all entities that purchase or use information technology resources, telecommunications, or services from the consolidated technology services agency.
(((3))) (4)
"Director" means the state chief information officer, who is the
director of the consolidated technology services agency.
(((4))) (5)
"Equipment" means the machines, devices, and transmission facilities
used in information processing, including but not limited to computers,
terminals, telephones, wireless communications system facilities, cables, and
any physical facility necessary for the operation of such equipment.
(((5))) (6)
"Enterprise architecture" means an ongoing ((program)) activity
for translating business vision and strategy into effective enterprise change.
It is a continuous activity. Enterprise architecture creates, communicates, and
improves the key principles and models that describe the enterprise's future
state and enable its evolution.
(((6))) (7)
"Information" includes, but is not limited to, data, text, voice, and
video.
(8) "Information technology" includes, but is not limited to, all electronic technology systems and services, automated information handling, system design and analysis, conversion of data, computer programming, information storage and retrieval, telecommunications, requisite system controls, simulation, electronic commerce, radio technologies, and all related interactions between people and machines.
(((7))) (9)
"Information technology portfolio" or "portfolio" means a
strategic management process documenting relationships between agency missions
and information technology and telecommunications investments.
(((8))) (10)
"K‑20 network" means the network established in RCW 43.41A.085
(as recodified by this act).
(11) "Local governments" includes all municipal and quasi-municipal corporations and political subdivisions, and all agencies of such corporations and subdivisions authorized to contract separately.
(((9))) (12)
"Office" means the office of the state chief information officer
within the consolidated technology services agency.
(13) "Oversight" means a process of comprehensive risk analysis and management designed to ensure optimum use of information technology resources and telecommunications.
(((10))) (14)
"Proprietary software" means that software offered for sale or
license.
(((11))) (15)
"Public agency" means any agency of this state or another state; any
political subdivision or unit of local government of this state or another
state including, but not limited to, municipal corporations, quasi-municipal
corporations, special purpose districts, and local service districts; any
public benefit nonprofit corporation; any agency of the United States; and any
Indian tribe recognized as such by the federal government.
(16) "Public benefit nonprofit corporation" means a public benefit nonprofit corporation as defined in RCW 24.03.005 that is receiving local, state, or federal funds either directly or through a public agency other than an Indian tribe or political subdivision of another state.
(17) "Public record" has the definitions in RCW 42.56.010 and chapter 40.14 RCW and includes legislative records and court records that are available for public inspection.
(18) "State agency" means every state office, department, division, bureau, board, commission, or other state agency, including offices headed by a statewide elected official.
(19)
"Telecommunications" includes, but is not limited to, wireless or
wired systems for transport of voice, video, and data communications, network
systems, requisite facilities, equipment, system controls, simulation,
electronic commerce, and all related interactions between people and machines.
(("Telecommunications" does not include public safety
communications.))
(20) "Utility-based infrastructure services" includes personal computer and portable device support, servers and server administration, security administration, network administration, telephony, email, and other information technology services commonly used by state agencies.
Sec. 302. RCW 43.105.047 and 2011 1st sp.s. c 43 s 803 are each amended to read as follows:
(1) There is created the consolidated technology services agency, an agency of state government. The agency shall be headed by a director, who is the state chief information officer. The director shall be appointed by the governor with the consent of the senate. The director shall serve at the governor's pleasure and shall receive such salary as determined by the governor. If a vacancy occurs in the position while the senate is not in session, the governor shall make a temporary appointment until the next meeting of the senate at which time he or she shall present to that body his or her nomination for the position.
(2) The director shall:
(((1))) (a)
Appoint a confidential secretary and such deputy and assistant directors as
needed to administer the agency; and
(((2))) (b)
Appoint such professional, technical, and clerical assistants and employees as
may be necessary to perform the duties imposed by this chapter in accordance
with chapter 41.06 RCW, except as otherwise provided by law.
(3) The director may create such administrative structures as he or she deems appropriate and may delegate any power or duty vested in him or her by this chapter or other law.
(4) The director shall exercise all the powers and perform all the duties prescribed by law with respect to the administration of this chapter including:
(a) Reporting to the governor any matters relating to abuses and evasions of this chapter;
(b) Accepting and expending gifts and grants that are related to the purposes of this chapter;
(c) Applying for grants from public and private entities, and receiving and administering any grant funding received for the purpose and intent of this chapter; and
(d) Performing other duties as are necessary and consistent with law.
Sec. 303. RCW 43.105.052 and 2011 1st sp.s. c 43 s 804 are each amended to read as follows:
The agency shall:
(1) Make available
information services to public agencies and public benefit nonprofit
corporations((. For the purposes of this section "public agency"
means any agency of this state or another state; any political subdivision, or
unit of local government of this state or another state including, but not
limited to, municipal corporations, quasi-municipal corporations, special
purpose districts, and local service districts; any agency of the United
States; and any Indian tribe recognized as such by the federal government and
"public benefit nonprofit corporation" means a public benefit
nonprofit corporation as defined in RCW 24.03.005 that is receiving local,
state, or federal funds either directly or through a public agency other than
an Indian tribe or political subdivision of another state));
(2) Establish rates
and fees for services provided by the agency((. A billing rate plan shall be
developed for a two-year period to coincide with the budgeting process. The
rate plan shall be subject to review at least annually by the office of
financial management. The rate plan shall show the proposed rates by each cost
center and will show the components of the rate structure as mutually
determined by the agency and the office of financial management. The rate plan
and any adjustments to rates shall be approved by the office of financial
management));
(3) ((With the
advice of the board and customer agencies, develop a state strategic
information technology plan and performance reports as required under RCW
43.41A.030;
(4))) Develop a
billing rate plan for a two-year period to coincide with the budgeting process.
The rate plan must be subject to review at least annually by the office of
financial management. The rate plan must show the proposed rates by each cost
center and show the components of the rate structure as mutually determined by
the agency and the office of financial management. The rate plan and any
adjustments to rates must be approved by the office of financial management;
(4) Develop a detailed business plan for any service or activity to be contracted under RCW 41.06.142(7)(b);
(5) Develop plans for the agency's achievement of statewide goals and objectives set forth in the state strategic information technology plan required under RCW 43.41A.030 (as recodified by this act);
(6) Enable the standardization and consolidation of information technology infrastructure across all state agencies to support enterprise-based system development and improve and maintain service delivery; and
(((5))) (7)
Perform all other matters and things necessary to carry out the purposes and
provisions of this chapter.
Sec. 304. RCW 43.105.111 and 2011 1st sp.s. c 43 s 806 are each amended to read as follows:
The director shall
set performance targets and approve plans for achieving measurable and specific
goals for the agency. By January ((2012)) 2017, the appropriate
organizational performance and accountability measures and performance targets
shall be submitted to the governor. These measures and targets shall include
measures of performance demonstrating specific and measurable improvements
related to service delivery and costs, operational efficiencies, and overall
customer satisfaction. The agency shall develop a dashboard of key performance
measures that will be updated quarterly and made available on the agency public
web site.
The director shall report to the governor on agency performance at least quarterly. The reports shall be included on the agency's web site and accessible to the public.
Sec. 305. RCW 43.105.178 and 2010 c 282 s 12 are each amended to read as follows:
(((1))) The
((department)) agency, in collaboration with state agencies,
shall conduct an inventory from existing data sets of information technology
assets owned or leased by state agencies. This inventory must be used to inform
the development of a state information technology asset management process.
Prior to implementation of any state information technology asset management
process, the ((department)) agency must submit its recommended
approach, including an estimate of the associated implementation costs, to the
board for approval.
(((2) For the purposes
of this section, "state agency" includes every state office,
department, division, bureau, board, commission, or other state agency,
including offices headed by a statewide elected official, and offices in the
legislative and judicial branches of state government, notwithstanding the
provisions of RCW 44.68.105.))
Sec. 306. RCW 43.105.825 and 2012 c 229 s 588 are each amended to read as follows:
(1) In overseeing
the technical aspects of the K-20 network, the ((information services))
board is not intended to duplicate the statutory responsibilities of the
student achievement council, the superintendent of public instruction, the ((information
services)) board, the state librarian, or the governing boards of the
institutions of higher education.
(2) The board may not interfere in any curriculum or legally offered programming offered over the network.
(3) The
responsibility to review and approve standards and common specifications for
the network remains the responsibility of the ((information services))
board ((under RCW 43.105.041)).
(4) The
coordination of telecommunications planning for the common schools remains the
responsibility of the superintendent of public instruction. ((Except as set
forth in RCW 43.105.041(1)(d),)) The board may recommend, but not
require, revisions to the superintendent's telecommunications plans.
Sec. 307. RCW 43.41A.025 and 2013 2nd sp.s. c 33 s 1 are each amended to read as follows:
(1) The ((chief
information officer)) director shall establish standards and
policies to govern information technology in the state of Washington.
(2) The office shall have the following powers and duties related to information services:
(a) To develop statewide standards and policies governing the:
(i) Acquisition ((and
disposition)) of equipment, software, and ((personal and purchased))
technology-related services((,));
(ii) Disposition of equipment;
(iii) Licensing of the
radio spectrum by or on behalf of state agencies((,)); and
(iv) Confidentiality of computerized data;
(b) To develop
statewide ((or)) and interagency technical policies, standards,
and procedures;
(c) To review and approve standards and common specifications for new or expanded telecommunications networks proposed by agencies, public postsecondary education institutions, educational service districts, or statewide or regional providers of K-12 information technology services;
(d) ((To develop
a detailed business plan for any service or activity to be contracted under RCW
41.06.142(7)(b) by the consolidated technology services agency;
(e) To)) With input
from the legislature and the judiciary, provide direction concerning
strategic planning goals and objectives for the state((. The office shall
seek input from the legislature and the judiciary));
(((f))) (e)
To establish policies for the periodic review by the ((office)) director
of state agency performance which may include but are not limited to
analysis of:
(i) Planning, management, control, and use of information services;
(ii) Training and
education; ((and))
(iii) Project management; and
(iv) Cybersecurity;
(((g))) (f)
To coordinate with state agencies with an annual information technology
expenditure that exceeds ten million dollars to implement a technology business
management program to identify opportunities for savings and efficiencies in
information technology expenditures and to monitor ongoing financial
performance of technology investments; and
(((h))) (g)
In conjunction with the consolidated technology services agency, to develop
statewide standards for agency purchases of technology networking equipment and
services.
(3) Statewide technical standards to promote and facilitate electronic information sharing and access are an essential component of acceptable and reliable public access service and complement content-related standards designed to meet those goals. The office shall:
(a) Establish technical standards to facilitate electronic access to government information and interoperability of information systems, including wireless communications systems; and
(b) Require agencies to include an evaluation of electronic public access needs when planning new information systems or major upgrades of systems.
In developing these standards, the office is encouraged to include the state library, state archives, and appropriate representatives of state and local government.
(((4) The office
shall perform other matters and things necessary to carry out the purposes and
provisions of this chapter.))
PART IV
OFFICE OF THE STATE CHIEF INFORMATION OFFICER
Sec. 401. RCW 43.41A.010 and 2013 2nd sp.s. c 33 s 3 are each amended to read as follows:
(1) The office of
the state chief information officer is created within the ((office of
financial management)) consolidated technology services agency.
(2) ((Powers,
duties, and functions assigned to the department of information services as
specified in this chapter shall be transferred to the office of chief
information officer as provided in this chapter.
(3))) The primary
duties of the office are:
(a) To prepare and lead the implementation of a strategic direction and enterprise architecture for information technology for state government;
(b) ((To enable
the standardization and consolidation of information technology infrastructure
across all state agencies to support enterprise-based system development and
improve and maintain service delivery;
(c))) To establish
standards and policies for the consistent and efficient operation of
information technology services throughout state government;
(((d))) (c)
To establish statewide enterprise architecture that will serve as the
organizing standard for information technology for state agencies;
(((e))) (d)
To educate and inform state managers and policymakers on technological
developments, industry trends and best practices, industry benchmarks that
strengthen decision making and professional development, and industry
understanding for public managers and decision makers; and
(e) To perform all other matters and things necessary to carry out the purposes and provisions of this chapter.
(((4))) (3)
In the case of institutions of higher education, the powers of the office and
the provisions of this chapter apply to business and administrative
applications but do not apply to (a) academic and research applications; and
(b) medical, clinical, and health care applications, including the business and
administrative applications for such operations. However, institutions of
higher education must disclose to the office any proposed academic applications
that are enterprise-wide in nature relative to the needs and interests of other
institutions of higher education. Institutions of higher education shall
provide to the ((chief information officer)) director sufficient
data and information on proposed expenditures on business and administrative
applications to permit the ((chief information officer)) director
to evaluate the proposed expenditures pursuant to RCW 43.88.092(3).
(((5))) (4)
The legislature and the judiciary, which are constitutionally recognized as
separate branches of government, are strongly encouraged to coordinate with the
office and participate in shared services initiatives and the development of
enterprise-based strategies, where appropriate. Legislative and judicial
agencies of the state shall submit to the ((chief information officer)) director
information on proposed information technology expenditures to allow the ((chief
information officer)) director to evaluate the proposed expenditures
on an advisory basis.
Sec. 402. RCW 43.41A.027 and 2013 2nd sp.s. c 33 s 8 are each amended to read as follows:
(1) The office shall
establish security standards and policies to ensure the confidentiality,
availability, and integrity of the information transacted, stored, or processed
in the state's information technology systems and infrastructure. The
director shall appoint a state chief information security officer. Each
state agency, institution of higher education, the legislature, and the
judiciary must develop an information technology security ((plan and))
program.
(((1))) (2)
Each state agency information technology security ((plan and)) program
must adhere to the office's security standards and policies. Each state agency
must review and update its ((plan and)) program annually and certify to
the office that its ((plan and)) program is in compliance with the
office's security standards and policies. The office ((may)) shall
require ((an)) a state agency to obtain an independent compliance
audit of its information technology security ((plan and)) program and
controls at least once every three years to determine whether the state
agency's information technology security program is in compliance with the
standards and policies established by the agency and that security controls
identified by the state agency in its security program are operating
efficiently.
(((2))) (3)
In the case of institutions of higher education, the judiciary, and the
legislature, each information technology security ((plan and)) program
must be comparable to the intended outcomes of the office's security standards
and policies. ((Each institution, the legislature, and the judiciary shall
submit their information technology security plan and program to the office
annually for review and comment.))
Sec. 403. RCW 43.41A.030 and 2011 1st sp.s. c 43 s 707 are each amended to read as follows:
(1) The office shall prepare a state strategic information technology plan which shall establish a statewide mission, goals, and objectives for the use of information technology, including goals for electronic access to government records, information, and services. The plan shall be developed in accordance with the standards and policies established by the office. The office shall seek the advice of the board in the development of this plan.
The plan shall be updated as necessary and submitted to the governor and the legislature.
(2) The office shall prepare a biennial state performance report on information technology based on state agency performance reports required under RCW 43.41A.045 (as recodified by this act) and other information deemed appropriate by the office. The report shall include, but not be limited to:
(a) An analysis, based upon agency portfolios, of the state's information technology infrastructure, including its value, condition, and capacity;
(b) An evaluation of performance relating to information technology;
(c) An assessment of progress made toward implementing the state strategic information technology plan, including progress toward electronic access to public information and enabling citizens to have two-way access to public records, information, and services; and
(d) An analysis of the success or failure, feasibility, progress, costs, and timeliness of implementation of major information technology projects under RCW 43.41A.055 (as recodified by this act). At a minimum, the portion of the report regarding major technology projects must include:
(i) The total cost data for the entire life-cycle of the project, including capital and operational costs, broken down by staffing costs, contracted service, hardware purchase or lease, software purchase or lease, travel, and training. The original budget must also be shown for comparison;
(ii) The original proposed project schedule and the final actual project schedule;
(iii) Data regarding progress towards meeting the original goals and performance measures of the project;
(iv) Discussion of lessons learned on the project, performance of any contractors used, and reasons for project delays or cost increases; and
(v) Identification of benefits generated by major information technology projects developed under RCW 43.41A.055 (as recodified by this act).
Copies of the report shall be distributed biennially to the governor and the legislature. The major technology section of the report must examine major information technology projects completed in the previous biennium.
Sec. 404. RCW 43.41A.035 and 2011 1st sp.s. c 43 s 708 are each amended to read as follows:
Management of
information technology across state government requires managing resources and
business processes across multiple agencies. It is no longer sufficient to
pursue efficiencies within agency or individual business process boundaries.
The state must manage the business process changes and information technology
in support of business processes as a statewide portfolio. The ((chief
information officer)) director will use agency information
technology portfolio planning as input to develop a statewide portfolio to
guide resource allocation and prioritization decisions.
Sec. 405. RCW 43.41A.040 and 2011 1st sp.s. c 43 s 709 are each amended to read as follows:
((An)) A
state agency information technology portfolio shall serve as the basis for
making information technology decisions and plans which may include, but are
not limited to:
(1) System refurbishment, acquisitions, and development efforts;
(2) Setting goals and objectives for using information technology;
(3) Assessments of information processing performance, resources, and capabilities;
(4) Ensuring the appropriate transfer of technological expertise for the operation of new systems developed using external resources;
(5) Guiding new investment demand, prioritization, selection, performance, and asset value of technology and telecommunications; and
(6) Progress toward providing electronic access to public information.
Sec. 406. RCW 43.41A.045 and 2011 1st sp.s. c 43 s 710 are each amended to read as follows:
(1) Each state agency shall develop an information technology portfolio consistent with RCW 43.41A.110 (as recodified by this act). The superintendent of public instruction shall develop its portfolio in conjunction with educational service districts and statewide or regional providers of K-12 education information technology services.
(2) ((Agency
portfolios shall include, but not be limited to, the following:
(a) A baseline
assessment of the agency's information technology resources and capabilities
that will serve as the benchmark for subsequent planning and performance
measures;
(b) A statement of
the agency's mission, goals, and objectives for information technology,
including goals and objectives for achieving electronic access to agency
records, information, and services;
(c) An explanation
of how the agency's mission, goals, and objectives for information technology
support and conform to the state strategic information technology plan
developed under RCW 43.41A.030;
(d) An
implementation strategy to provide electronic access to public records and
information. This implementation strategy must be assembled to include:
(i) Compliance with
Title 40 RCW;
(ii) Adequate
public notice and opportunity for comment;
(iii) Consideration
of a variety of electronic technologies, including those that help transcend
geographic locations, standard business hours, economic conditions of users,
and disabilities;
(iv) Methods to
educate both state employees and the public in the effective use of access
technologies;
(e) Projects and
resources required to meet the objectives of the portfolio; and
(f) Where feasible,
estimated schedules and funding required to implement identified projects.
(3) Portfolios
developed under subsection (1) of this section shall be submitted to the office
for review and approval. The chief information officer may reject, require
modification to, or approve portfolios as deemed appropriate. Portfolios
submitted under this subsection shall be updated and submitted for review and
approval as necessary.
(4) Each agency
shall prepare and submit to the office a biennial performance report that
evaluates progress toward the objectives articulated in its information
technology portfolio and the strategic priorities of the state. The
superintendent of public instruction shall develop its portfolio in conjunction
with educational service districts and statewide or regional providers of K-12 education
information technology services. The report shall include:
(a) An evaluation
of the agency's performance relating to information technology;
(b) An assessment
of progress made toward implementing the agency information technology
portfolio;
(c) Progress toward
electronic access to public information and enabling citizens to have two-way
interaction for obtaining information and services from agencies; and
(d) An inventory of
agency information services, equipment, and proprietary software.
(5) The office
shall establish standards, elements, form, and format for plans and reports
developed under this section.
(6) Agency
activities to increase electronic access to public records and information, as
required by this section, must be implemented within available resources and
existing agency planning processes.
(7))) The ((office))
director may exempt any state agency from any or all of the
requirements of this section.
Sec. 407. RCW 43.41A.050 and 2011 1st sp.s. c 43 s 711 are each amended to read as follows:
(1) Pursuant to RCW 43.88.092(3), at the request of the director of financial management, the office shall evaluate both state agency information technology current spending and technology budget requests, including those proposed by the superintendent of public instruction, in conjunction with educational service districts, or statewide or regional providers of K-12 education information technology services. The office shall submit recommendations for funding all or part of such requests to the director of financial management. The office shall also submit recommendations regarding consolidation and coordination of similar proposals or other efficiencies it finds in reviewing proposals.
(2) The office shall establish criteria, consistent with portfolio-based information technology management, for the evaluation of agency budget requests under this section. Technology budget requests shall be evaluated in the context of the state's information technology portfolio; technology initiatives underlying budget requests are subject to review by the office. Criteria shall include, but not be limited to: Feasibility of the proposed projects, consistency with the state strategic information technology plan and the state enterprise architecture, consistency with information technology portfolios, appropriate provision for public electronic access to information, evidence of business process streamlining and gathering of business and technical requirements, services, duration of investment, costs, and benefits.
Sec. 408. RCW 43.41A.055 and 2011 1st sp.s. c 43 s 712 are each amended to read as follows:
(1) The office shall establish standards and policies governing the planning, implementation, and evaluation of major information technology projects, including those proposed by the superintendent of public instruction, in conjunction with educational service districts, or statewide or regional providers of K-12 education information technology services. The standards and policies shall:
(a) Establish criteria to identify projects which are subject to this section. Such criteria shall include, but not be limited to, significant anticipated cost, complexity, or statewide significance of the project; and
(b) Establish a
model process and procedures which state agencies shall follow in developing
and implementing projects within their information technology portfolios. This
process may include project oversight experts or panels, as appropriate. State
agencies may propose, for approval by the office, a process and procedures
unique to the agency. The office may accept or require modification of such
agency proposals or the office may reject ((such agency)) those
proposals and require use of the model process and procedures established under
this subsection. Any process and procedures developed under this subsection
shall require (i) distinct and identifiable phases upon which funding may be
based, (ii) user validation of products through system demonstrations and
testing of prototypes and deliverables, and (iii) other elements identified by
the office.
The ((chief
information officer)) director may suspend or terminate a major
project, and direct that the project funds be placed into unallotted reserve
status, if the ((chief information officer)) director determines
that the project is not meeting or is not expected to meet anticipated
performance standards.
(2) The office of financial management shall establish policies and standards consistent with portfolio-based information technology management to govern the funding of projects developed under this section. The policies and standards shall provide for:
(a) Funding of a
project under terms and conditions mutually agreed to by the ((chief
information officer)) director, the director of financial
management, and the head of the agency proposing the project. However, the
office of financial management may require incremental funding of a project on
a phase-by-phase basis whereby funds for a given phase of a project may be
released only when the office of financial management determines, with the
advice of the ((office)) director, that the previous phase is
satisfactorily completed; and
(b) Other elements deemed necessary by the office of financial management.
Sec. 409. RCW 43.41A.060 and 2011 1st sp.s. c 43 s 713 are each amended to read as follows:
(1) Prior to making a commitment to purchase, acquire, or develop a major information technology project or service, state agencies must provide a proposal to the office outlining the business case of the proposed product or service, including the up-front and ongoing cost of the proposal.
(2) Within ((sixty))
thirty days of receipt of a proposal, the office shall approve the
proposal, reject it, or propose modifications.
(3) In reviewing a proposal, the office must determine whether the product or service is consistent with:
(a) The standards
and policies developed by the ((office)) director pursuant to RCW
43.41A.025 (as recodified by this act); and
(b) The state's enterprise-based strategy.
(4) If a
substantially similar product or service is offered by the ((consolidated
technology services)) agency ((established in RCW 43.105.047)), the
((office)) director may require the state agency to
procure the product or service through the ((consolidated technology
services)) agency, if doing so would benefit the state as an enterprise.
(5) The office shall provide guidance to state agencies as to what threshold of information technology spending constitutes a major information technology product or service under this section.
Sec. 410. RCW 43.41A.065 and 2011 1st sp.s. c 43 s 714 are each amended to read as follows:
(1) The office shall develop an enterprise‑based strategy for information technology in state government informed by portfolio management planning and information technology expenditure information collected from state agencies pursuant to RCW 43.88.092.
(2)(a) The office shall develop an ongoing enterprise architecture program for translating business vision and strategy into effective enterprise change. This program will create, communicate, and improve the key principles and models that describe the enterprise's future state and enable its evolution, in keeping with the priorities of government and the information technology strategic plan.
(b) The enterprise architecture program will facilitate business process collaboration among agencies statewide; improving the reliability, interoperability, and sustainability of the business processes that state agencies use.
In developing an enterprise‑based strategy for the state, the office is encouraged to consider the following strategies as possible opportunities for achieving greater efficiency:
(i) Developing evaluation criteria for deciding which common enterprise-wide business processes should become managed as enterprise services;
(ii) Developing a roadmap of priorities for creating enterprise services;
(iii) Developing decision criteria for determining implementation criteria for centralized or decentralized enterprise services;
(iv) Developing evaluation criteria for deciding which technology investments to continue, hold, or drop; and
(v) Performing such
other duties as may be ((assigned by the office)) needed to
promote effective enterprise change.
(c) The ((program))
office will establish performance measurement criteria for each of its
initiatives; will measure the success of those initiatives; and will assess its
quarterly results with the ((chief information officer)) director
to determine whether to continue, revise, or disband the initiative.
Sec. 411. RCW 43.41A.070 and 2011 1st sp.s. c 43 s 715 are each amended to read as follows:
(1) The technology
services board is created within the ((office of the chief information
officer)) agency.
(((1))) (2)
The board shall be composed of thirteen members. Six members shall be appointed
by the governor, three of whom shall be representatives of state agencies or
institutions, and three of whom shall be representatives of the private sector.
Of the state agency representatives, at least one of the representatives must
have direct experience using the software projects overseen by the board or
reasonably expect to use the new software developed under the oversight of the
board. Two members shall represent the house of representatives and shall be
selected by the speaker of the house of representatives with one representative
chosen from each major caucus of the house of representatives; two members
shall represent the senate and shall be appointed by the president of the
senate with one representative chosen from each major caucus of the senate. One
member shall be the ((chief information officer)) director who
shall be a voting member of the board and serve as chair. Two nonvoting members
with information technology expertise must be appointed by the governor as
follows:
(a) One member representing state agency bargaining units shall be selected from a list of three names submitted by each of the general government exclusive bargaining representatives; and
(b) One member representing local governments shall be selected from a list of three names submitted by commonly recognized local government organizations.
The governor may reject all recommendations and request new recommendations.
(((2))) (3)
Of the initial members, three must be appointed for a one-year term, three must
be appointed for a two-year term, and four must be appointed for a three-year
term. Thereafter, members must be appointed for three-year terms.
(((3))) (4)
Vacancies shall be filled in the same manner that the original appointments
were made for the remainder of the member's term.
(((4))) (5)
Members of the board shall be reimbursed for travel expenses as provided in RCW
43.03.050 and 43.03.060.
(((5))) (6)
The office shall provide staff support to the board.
Sec. 412. RCW 43.41A.075 and 2011 1st sp.s. c 43 s 716 are each amended to read as follows:
The board shall have the following powers and duties related to information services:
(1) To review and
approve standards and ((procedures)) policies, developed by the
office ((of the chief information officer)), governing the acquisition
and disposition of equipment, proprietary software, and purchased services,
licensing of the radio spectrum by or on behalf of state agencies, and
confidentiality of computerized data;
(2) To review and
approve statewide or interagency technical policies((,)) and
standards((, and procedures)) developed by the office ((of the chief
information officer));
(3) To review, approve, and provide oversight of major information technology projects to ensure that no major information technology project proposed by a state agency is approved or authorized funding by the board without consideration of the technical and financial business case for the project, including a review of:
(a) The total cost of ownership across the life of the project;
(b) All major technical options and alternatives analyzed, and reviewed, if necessary, by independent technical sources; and
(c) Whether the project is technically and financially justifiable when compared against the state's enterprise-based strategy, long-term technology trends, and existing or potential partnerships with private providers or vendors;
(4) To review and approve standards and common specifications for new or expanded telecommunications networks proposed by state agencies, public postsecondary education institutions, educational service districts, or statewide or regional providers of K-12 information technology services, and to assure the cost-effective development and incremental implementation of a statewide video telecommunications system to serve: Public schools; educational service districts; vocational-technical institutes; community colleges; colleges and universities; state and local government; and the general public through public affairs programming;
(5) To develop a policy to determine whether a proposed project, product, or service should undergo an independent technical and financial analysis prior to submitting a request to the office of financial management for the inclusion in any proposed operating, capital, or transportation budget;
(6) To approve
contracting for services and activities under RCW 41.06.142(7) for the ((consolidated
technology service)) agency. To approve any service or activity to be
contracted under RCW 41.06.142(7)(b), the board must also review the proposed
business plan and recommendation submitted by the office;
(7) To consider, on an ongoing basis, ways to promote strategic investments in enterprise-level information technology projects that will result in service improvements and cost efficiency;
(8) To provide a forum to solicit external expertise and perspective on developments in information technology, enterprise architecture, standards, and policy development; and
(9) To provide a forum where ideas and issues related to information technology plans, policies, and standards can be reviewed.
Sec. 413. RCW 43.41A.080 and 2011 1st sp.s. c 43 s 717 are each amended to read as follows:
(1) The ((chief
information officer)) director shall appoint a state
interoperability executive committee, the membership of which must include, but
not be limited to, representatives of the military department, the Washington
state patrol, the department of transportation, the office of the state
chief information officer, the department of natural resources, city and county
governments, state and local fire chiefs, police chiefs, and sheriffs, and
state and local emergency management directors. The chair and legislative
members of the board will serve as nonvoting ex officio members of the
committee. Voting membership may not exceed fifteen members.
(2) The ((chief
information officer)) director shall appoint the chair of the
committee from among the voting members of the committee.
(3) The state interoperability executive committee has the following responsibilities:
(a) Develop policies and make recommendations to the office for technical standards for state wireless radio communications systems, including emergency communications systems. The standards must address, among other things, the interoperability of systems, taking into account both existing and future systems and technologies;
(b) Coordinate and manage on behalf of the office the licensing and use of state-designated and state-licensed radio frequencies, including the spectrum used for public safety and emergency communications, and serve as the point of contact with the federal communications commission and the first responders network authority on matters relating to allocation, use, and licensing of radio spectrum;
(c) Coordinate the purchasing of all state wireless radio communications system equipment to ensure that:
(i) After the transition from a radio over internet protocol network, any new trunked system shall be, at a minimum, project‑25;
(ii) Any new system that requires advanced digital features shall be, at a minimum, project-25; and
(iii) Any new system or equipment purchases shall be, at a minimum, upgradable to project-25;
(d) Seek support, including possible federal or other funding, for state-sponsored wireless communications systems;
(e) Develop recommendations for legislation that may be required to promote interoperability of state wireless communications systems;
(f) Foster cooperation and coordination among public safety and emergency response organizations;
(g) Work with wireless communications groups and associations to ensure interoperability among all public safety and emergency response wireless communications systems; and
(h) Perform such
other duties as may be assigned by the ((office)) director to
promote interoperability of wireless communications systems.
(4) The office shall provide administrative support to the committee.
Sec. 414. RCW 43.41A.130 and 1996 c 171 s 12 are each amended to read as follows:
Funding to meet the
costs of providing access, including the building of the necessary information
systems, the digitizing of information, developing the ability to mask
nondisclosable information, and maintenance and upgrade of information access
systems should come primarily from state and local appropriations, federal
dollars, grants, private funds, cooperative ventures among governments,
nonexclusive licensing, and public/private partnerships. ((Agencies should
not offer customized electronic access services as the primary way of
responding to requests or as a primary source of revenue. Fees for staff time
to respond to requests, and other direct costs may be included in costs of
providing customized access.))
State agencies and local governments are encouraged to pool resources and to form cooperative ventures to provide electronic access to government records and information. State agencies are encouraged to seek federal and private grants for projects that provide increased efficiency and improve government delivery of information and services.
Sec. 415. RCW 43.41A.140 and 2011 c 60 s 39 are each amended to read as follows:
State agencies and local governments that collect and enter information concerning individuals into electronic records and information systems that will be widely accessible by the public under RCW 42.56.010 shall ensure the accuracy of this information to the extent possible. To the extent possible, information must be collected directly from, and with the consent of, the individual who is the subject of the data. State agencies shall establish procedures for correcting inaccurate information, including establishing mechanisms for individuals to review information about themselves and recommend changes in information they believe to be inaccurate. The inclusion of personal information in electronic public records that is widely available to the public should include information on the date when the database was created or most recently updated. If personally identifiable information is included in electronic public records that are made widely available to the public, state agencies must follow retention and archival schedules in accordance with chapter 40.14 RCW, retaining personally identifiable information only as long as needed to carry out the purpose for which it was collected. At least once every five years, each agency that collects information must review the information collected and justify why it is being collected and for what purpose.
Sec. 416. RCW 43.41A.150 and 2011 1st sp.s. c 43 s 735 are each amended to read as follows:
(1) Except as provided by subsection (2) of this section, state agencies shall locate all existing and new servers in the state data center.
(2) State agencies with a service requirement that requires servers to be located outside the state data center must receive a waiver from the office. Waivers must be based upon written justification from the requesting state agency citing specific service or performance requirements for locating servers outside the state's common platform.
(3) The office, in consultation with the office of financial management, shall continue to develop the business plan and migration schedule for moving all state agencies into the state data center.
(4) The legislature and the judiciary, which are constitutionally recognized as separate branches of government, may enter into an interagency agreement with the office to migrate its servers into the state data center.
(5) This section does not apply to institutions of higher education.
Sec. 417. RCW 43.41A.152 and 2011 1st sp.s. c 43 s 736 are each amended to read as follows:
(1) The office
shall conduct a needs assessment and develop a migration strategy to ensure
that, over time, all state agencies are moving towards using the ((consolidated
technology services)) agency ((established in RCW 43.105.047)) as
their central service provider for all utility-based infrastructure services,
including centralized PC and infrastructure support. State agency-specific
application services shall remain managed within individual agencies.
(2) The office shall develop short-term and long-term objectives as part of the migration strategy.
(3) ((For the
purposes of this section, "utility-based infrastructure services"
includes personal computer and portable device support, servers and server
administration, security administration, network administration, telephony,
e-mail, and other information technology services commonly utilized by state
agencies.
(4))) This section
does not apply to institutions of higher education.
NEW SECTION. Sec. 418. RCW 43.41A.003, 43.41A.010, 43.41A.025, 43.41A.027, 43.41A.030, 43.41A.035, 43.41A.040, 43.41A.045, 43.41A.050, 43.41A.055, 43.41A.060, 43.41A.065, 43.41A.070, 43.41A.075, 43.41A.080, 43.41A.110, 43.41A.115, 43.41A.130, 43.41A.135, 43.41A.140, 43.41A.150, 43.41A.152, 43.41A.900, and 43.105.047 are each recodified as sections in chapter 43.105 RCW.
NEW SECTION. Sec. 419. RCW 43.41A.085, 43.41A.090, 43.41A.095, 43.41A.100, and 43.41A.105 are each recodified as sections in chapter 43.41.
NEW SECTION. Sec. 420. RCW 43.41A.125 is decodified.
NEW SECTION. Sec. 421. The following acts or parts of acts are each repealed:
(1)RCW 43.41A.006 (Definitions) and 2011 1st sp.s. c 43 s 705;
(2)RCW 43.41A.015 (Chief information officer—Executive head and appointing authority) and 2011 1st sp.s. c 43 s 703;
(3)RCW 43.41A.020 (Chief information officer—Duties) and 2011 1st sp.s. c 43 s 704;
(4)RCW 43.41A.120 (Electronic access to public records—Definitions) and 2011 c 60 s 38 & 1996 c 171 s 2;
(5)RCW 43.105.041 (Powers and duties of board) and 2011 c 358 s 6, 2010 1st sp.s. c 7 s 65, 2009 c 486 s 13, 2003 c 18 s 3, & 1999 c 285 s 5;
(6)RCW 43.105.330 (State interoperability executive committee) and 2011 c 367 s 711, 2006 c 76 s 2, & 2003 c 18 s 4; and
(7)RCW 43.105.340 (Consumer protection web site) and 2011 1st sp.s. c 21 s 12 & 2008 c 151 s 2.
PART V
OFFICE OF FINANCIAL MANAGEMENT
Sec. 501. RCW 43.41A.085 and 2011 1st sp.s. c 43 s 718 are each amended to read as follows:
(1) The office has the duty to govern and oversee the technical design, implementation, and operation of the K-20 network including, but not limited to, the following duties: Establishment and implementation of K-20 network technical policy, including technical standards and conditions of use; review and approval of network design; and resolving user/provider disputes.
(2) The office has the following powers and duties:
(a) In cooperation with the educational sectors and other interested parties, to establish goals and measurable objectives for the network;
(b) To ensure that the goals and measurable objectives of the network are the basis for any decisions or recommendations regarding the technical development and operation of the network;
(c) To adopt, modify, and implement policies to facilitate network development, operation, and expansion. Such policies may include but need not be limited to the following issues: Quality of educational services; access to the network by recognized organizations and accredited institutions that deliver educational programming, including public libraries; prioritization of programming within limited resources; prioritization of access to the system and the sharing of technological advances; network security; identification and evaluation of emerging technologies for delivery of educational programs; future expansion or redirection of the system; network fee structures; and costs for the development and operation of the network;
(d) To prepare and
submit to the governor and the legislature a coordinated budget for network
development, operation, and expansion. The budget shall include the ((chief
information officer's)) director of the consolidated technology services
agency's recommendations on (i) any state funding requested for network
transport and equipment, distance education facilities and hardware or software
specific to the use of the network, and proposed new network end sites, (ii)
annual copayments to be charged to public educational sector institutions and
other public entities connected to the network, and (iii) charges to
nongovernmental entities connected to the network;
(e) To adopt and monitor the implementation of a methodology to evaluate the effectiveness of the network in achieving the educational goals and measurable objectives;
(f) To establish by rule acceptable use policies governing user eligibility for participation in the K-20 network, acceptable uses of network resources, and procedures for enforcement of such policies. The office shall set forth appropriate procedures for enforcement of acceptable use policies, that may include suspension of network connections and removal of shared equipment for violations of network conditions or policies. The office shall have sole responsibility for the implementation of enforcement procedures relating to technical conditions of use.
Sec. 502. RCW 43.41A.095 and 2011 1st sp.s. c 43 s 720 are each amended to read as follows:
The ((chief
information officer)) office, in conjunction with the K-20 network
users, shall maintain a technical plan of the K-20 telecommunications system
and ongoing system enhancements. The office shall ensure that the technical
plan adheres to the goals and objectives established under RCW 43.41A.025 (as
recodified by this act). The technical plan shall provide for:
(1) A telecommunications backbone connecting educational service districts, the main campuses of public baccalaureate institutions, the branch campuses of public research institutions, and the main campuses of community colleges and technical colleges.
(2)(a) Connection to the K-20 network by entities that include, but need not be limited to: School districts, public higher education off-campus and extension centers, and branch campuses of community colleges and technical colleges, as prioritized by the chief information officer; (b) distance education facilities and components for entities listed in this subsection and subsection (1) of this section; and (c) connection for independent nonprofit institutions of higher education, provided that:
(i) The ((chief
information officer)) office and each independent nonprofit
institution of higher education to be connected agree in writing to terms and
conditions of connectivity. The terms and conditions shall ensure, among other
things, that the provision of K-20 services does not violate Article VIII,
section 5 of the state Constitution and that the institution shall adhere to
K-20 network policies; and
(ii) The ((chief
information officer)) office determines that inclusion of the
independent nonprofit institutions of higher education will not significantly
affect the network's eligibility for federal universal service fund discounts
or subsidies.
(3) Subsequent phases may include, but need not be limited to, connections to public libraries, state and local governments, community resource centers, and the private sector.
Sec. 503. RCW 43.41A.105 and 2011 1st sp.s. c 43 s 722 are each amended to read as follows:
(1) The education
technology revolving fund is created in the custody of the state treasurer. All
receipts from billings under subsection (2) of this section must be deposited
in the revolving fund. Only the ((chief information officer)) director
or the ((chief information officer's)) director's designee may
authorize expenditures from the fund. The revolving fund shall be used to pay
for K-20 network operations, transport, equipment, software, supplies, and
services, maintenance and depreciation of on-site data, and shared
infrastructure, and other costs incidental to the development, operation, and
administration of shared educational information technology services,
telecommunications, and systems. The revolving fund shall not be used for the
acquisition, maintenance, or operations of local telecommunications
infrastructure or the maintenance or depreciation of on-premises video
equipment specific to a particular institution or group of institutions.
(2) The revolving fund and all disbursements from the revolving fund are subject to the allotment procedure under chapter 43.88 RCW, but an appropriation is not required for expenditures. The office shall, subject to the review and approval of the office of financial management, establish and implement a billing structure for network services identified in subsection (1) of this section.
(3) The office shall charge those public entities connected to the K-20 telecommunications system under RCW 43.41A.095 (as recodified by this act) an annual copayment per unit of transport connection as determined by the legislature after consideration of the board's recommendations. This copayment shall be deposited into the revolving fund to be used for the purposes in subsection (1) of this section. It is the intent of the legislature to appropriate to the revolving fund such moneys as necessary to cover the costs for transport, maintenance, and depreciation of data equipment located at the individual public institutions, maintenance and depreciation of the K-20 network backbone, and services provided to the network under RCW 43.41A.085 (as recodified by this act).
Sec. 504. RCW 43.88.160 and 2012 c 230 s 1 are each amended to read as follows:
This section sets forth the major fiscal duties and responsibilities of officers and agencies of the executive branch. The regulations issued by the governor pursuant to this chapter shall provide for a comprehensive, orderly basis for fiscal management and control, including efficient accounting and reporting therefor, for the executive branch of the state government and may include, in addition, such requirements as will generally promote more efficient public management in the state.
(1) Governor; director of financial management. The governor, through the director of financial management, shall devise and supervise a modern and complete accounting system for each agency to the end that all revenues, expenditures, receipts, disbursements, resources, and obligations of the state shall be properly and systematically accounted for. The accounting system shall include the development of accurate, timely records and reports of all financial affairs of the state. The system shall also provide for central accounts in the office of financial management at the level of detail deemed necessary by the director to perform central financial management. The director of financial management shall adopt and periodically update an accounting procedures manual. Any agency maintaining its own accounting and reporting system shall comply with the updated accounting procedures manual and the rules of the director adopted under this chapter. An agency may receive a waiver from complying with this requirement if the waiver is approved by the director. Waivers expire at the end of the fiscal biennium for which they are granted. The director shall forward notice of waivers granted to the appropriate legislative fiscal committees. The director of financial management may require such financial, statistical, and other reports as the director deems necessary from all agencies covering any period.
(2) Except as provided in chapter 43.88C RCW, the director of financial management is responsible for quarterly reporting of primary operating budget drivers such as applicable workloads, caseload estimates, and appropriate unit cost data. These reports shall be transmitted to the legislative fiscal committees or by electronic means to the legislative evaluation and accountability program committee. Quarterly reports shall include actual monthly data and the variance between actual and estimated data to date. The reports shall also include estimates of these items for the remainder of the budget period.
(3) The director of financial management shall report at least annually to the appropriate legislative committees regarding the status of all appropriated capital projects, including transportation projects, showing significant cost overruns or underruns. If funds are shifted from one project to another, the office of financial management shall also reflect this in the annual variance report. Once a project is complete, the report shall provide a final summary showing estimated start and completion dates of each project phase compared to actual dates, estimated costs of each project phase compared to actual costs, and whether or not there are any outstanding liabilities or unsettled claims at the time of completion.
(4) In addition, the director of financial management, as agent of the governor, shall:
(a) Develop and maintain a system of internal controls and internal audits comprising methods and procedures to be adopted by each agency that will safeguard its assets, check the accuracy and reliability of its accounting data, promote operational efficiency, and encourage adherence to prescribed managerial policies for accounting and financial controls. The system developed by the director shall include criteria for determining the scope and comprehensiveness of internal controls required by classes of agencies, depending on the level of resources at risk.
Each agency head or authorized designee shall be assigned the responsibility and authority for establishing and maintaining internal audits following the standards of internal auditing of the institute of internal auditors;
(b) Make surveys and analyses of agencies with the object of determining better methods and increased effectiveness in the use of manpower and materials; and the director shall authorize expenditures for employee training to the end that the state may benefit from training facilities made available to state employees;
(c) Establish policies for allowing the contracting of child care services;
(d) Report to the governor with regard to duplication of effort or lack of coordination among agencies;
(e) Review any pay and classification plans, and changes thereunder, developed by any agency for their fiscal impact: PROVIDED, That none of the provisions of this subsection shall affect merit systems of personnel management now existing or hereafter established by statute relating to the fixing of qualifications requirements for recruitment, appointment, or promotion of employees of any agency. The director shall advise and confer with agencies including appropriate standing committees of the legislature as may be designated by the speaker of the house and the president of the senate regarding the fiscal impact of such plans and may amend or alter the plans, except that for the following agencies no amendment or alteration of the plans may be made without the approval of the agency concerned: Agencies headed by elective officials;
(f) Fix the number and classes of positions or authorized employee years of employment for each agency and during the fiscal period amend the determinations previously fixed by the director except that the director shall not be empowered to fix the number or the classes for the following: Agencies headed by elective officials;
(g) Adopt rules to effectuate provisions contained in (a) through (f) of this subsection.
(5) The treasurer shall:
(a) Receive, keep, and disburse all public funds of the state not expressly required by law to be received, kept, and disbursed by some other persons: PROVIDED, That this subsection shall not apply to those public funds of the institutions of higher learning which are not subject to appropriation;
(b) Receive, disburse, or transfer public funds under the treasurer's supervision or custody;
(c) Keep a correct and current account of all moneys received and disbursed by the treasurer, classified by fund or account;
(d) Coordinate agencies' acceptance and use of credit cards and other payment methods, if the agencies have received authorization under RCW 43.41.180;
(e) Perform such other duties as may be required by law or by regulations issued pursuant to this law.
It shall be unlawful for the treasurer to disburse public funds in the treasury except upon forms or by alternative means duly prescribed by the director of financial management. These forms or alternative means shall provide for authentication and certification by the agency head or the agency head's designee that the services have been rendered or the materials have been furnished; or, in the case of loans or grants, that the loans or grants are authorized by law; or, in the case of payments for periodic maintenance services to be performed on state owned equipment, that a written contract for such periodic maintenance services is currently in effect; and the treasurer shall not be liable under the treasurer's surety bond for erroneous or improper payments so made. When services are lawfully paid for in advance of full performance by any private individual or business entity other than equipment maintenance providers or as provided for by RCW 42.24.035, such individual or entity other than central stores rendering such services shall make a cash deposit or furnish surety bond coverage to the state as shall be fixed in an amount by law, or if not fixed by law, then in such amounts as shall be fixed by the director of the department of enterprise services but in no case shall such required cash deposit or surety bond be less than an amount which will fully indemnify the state against any and all losses on account of breach of promise to fully perform such services. No payments shall be made in advance for any equipment maintenance services to be performed more than twelve months after such payment except that institutions of higher education as defined in RCW 28B.10.016 and the consolidated technology services agency created in RCW 43.105.006 may make payments in advance for equipment maintenance services to be performed up to sixty months after such payment. Any such bond so furnished shall be conditioned that the person, firm or corporation receiving the advance payment will apply it toward performance of the contract. The responsibility for recovery of erroneous or improper payments made under this section shall lie with the agency head or the agency head's designee in accordance with rules issued pursuant to this chapter. Nothing in this section shall be construed to permit a public body to advance funds to a private service provider pursuant to a grant or loan before services have been rendered or material furnished.
(6) The state auditor shall:
(a) Report to the legislature the results of current post audits that have been made of the financial transactions of each agency; to this end the auditor may, in the auditor's discretion, examine the books and accounts of any agency, official, or employee charged with the receipt, custody, or safekeeping of public funds. Where feasible in conducting examinations, the auditor shall utilize data and findings from the internal control system prescribed by the office of financial management. The current post audit of each agency may include a section on recommendations to the legislature as provided in (c) of this subsection.
(b) Give information to the legislature, whenever required, upon any subject relating to the financial affairs of the state.
(c) Make the auditor's official report on or before the thirty-first of December which precedes the meeting of the legislature. The report shall be for the last complete fiscal period and shall include determinations as to whether agencies, in making expenditures, complied with the laws of this state. The state auditor is authorized to perform or participate in performance verifications and performance audits as expressly authorized by the legislature in the omnibus biennial appropriations acts or in the performance audit work plan approved by the joint legislative audit and review committee. The state auditor, upon completing an audit for legal and financial compliance under chapter 43.09 RCW or a performance verification, may report to the joint legislative audit and review committee or other appropriate committees of the legislature, in a manner prescribed by the joint legislative audit and review committee, on facts relating to the management or performance of governmental programs where such facts are discovered incidental to the legal and financial audit or performance verification. The auditor may make such a report to a legislative committee only if the auditor has determined that the agency has been given an opportunity and has failed to resolve the management or performance issues raised by the auditor. If the auditor makes a report to a legislative committee, the agency may submit to the committee a response to the report. This subsection (6) shall not be construed to authorize the auditor to allocate other than de minimis resources to performance audits except as expressly authorized in the appropriations acts or in the performance audit work plan. The results of a performance audit conducted by the state auditor that has been requested by the joint legislative audit and review committee must only be transmitted to the joint legislative audit and review committee.
(d) Be empowered to take exception to specific expenditures that have been incurred by any agency or to take exception to other practices related in any way to the agency's financial transactions and to cause such exceptions to be made a matter of public record, including disclosure to the agency concerned and to the director of financial management. It shall be the duty of the director of financial management to cause corrective action to be taken within six months, such action to include, as appropriate, the withholding of funds as provided in RCW 43.88.110. The director of financial management shall annually report by December 31st the status of audit resolution to the appropriate committees of the legislature, the state auditor, and the attorney general. The director of financial management shall include in the audit resolution report actions taken as a result of an audit including, but not limited to, types of personnel actions, costs and types of litigation, and value of recouped goods or services.
(e) Promptly report any irregularities to the attorney general.
(f) Investigate improper governmental activity under chapter 42.40 RCW.
In addition to the authority given to the state auditor in this subsection (6), the state auditor is authorized to conduct performance audits identified in RCW 43.09.470. Nothing in this subsection (6) shall limit, impede, or restrict the state auditor from conducting performance audits identified in RCW 43.09.470.
(7) The joint legislative audit and review committee may:
(a) Make post audits of the financial transactions of any agency and management surveys and program reviews as provided for in chapter 44.28 RCW as well as performance audits and program evaluations. To this end the joint committee may in its discretion examine the books, accounts, and other records of any agency, official, or employee.
(b) Give information to the legislature or any legislative committee whenever required upon any subject relating to the performance and management of state agencies.
(c) Make a report to the legislature which shall include at least the following:
(i) Determinations as to the extent to which agencies in making expenditures have complied with the will of the legislature and in this connection, may take exception to specific expenditures or financial practices of any agencies; and
(ii) Such plans as it deems expedient for the support of the state's credit, for lessening expenditures, for promoting frugality and economy in agency affairs, and generally for an improved level of fiscal management.
PART VI
CORRECTION OF OBSOLETE REFERENCES
Sec. 601. RCW 42.17A.705 and 2012 c 229 s 582 are each amended to read as follows:
For the purposes of RCW 42.17A.700, "executive state officer" includes:
(1) The chief
administrative law judge, the director of agriculture, the director of the
department of services for the blind, ((the chief information officer of the
office of chief information officer,)) the director of the state system of
community and technical colleges, the director of commerce, the director of the
consolidated technology services agency, the secretary of corrections, the
director of early learning, the director of ecology, the commissioner of
employment security, the chair of the energy facility site evaluation council,
the director of enterprise services, the secretary of the state finance
committee, the director of financial management, the director of fish and
wildlife, the executive secretary of the forest practices appeals board, the
director of the gambling commission, the secretary of health, the administrator
of the Washington state health care authority, the executive secretary of the
health care facilities authority, the executive secretary of the higher
education facilities authority, the executive secretary of the horse racing
commission, the human resources director, the executive secretary of the human
rights commission, the executive secretary of the indeterminate sentence review
board, the executive director of the state investment board, the director of
labor and industries, the director of licensing, the director of the lottery
commission, the director of the office of minority and women's business
enterprises, the director of parks and recreation, the executive director of
the public disclosure commission, the executive director of the Puget Sound
partnership, the director of the recreation and conservation office, the
director of retirement systems, the director of revenue, the secretary of
social and health services, the chief of the Washington state patrol, the
executive secretary of the board of tax appeals, the secretary of
transportation, the secretary of the utilities and transportation commission,
the director of veterans affairs, the president of each of the regional and
state universities and the president of The Evergreen State College, and each
district and each campus president of each state community college;
(2) Each professional staff member of the office of the governor;
(3) Each professional staff member of the legislature; and
(4) Central Washington University board of trustees, the boards of trustees of each community college and each technical college, each member of the state board for community and technical colleges, state convention and trade center board of directors, Eastern Washington University board of trustees, Washington economic development finance authority, Washington energy northwest executive board, The Evergreen State College board of trustees, executive ethics board, fish and wildlife commission, forest practices appeals board, forest practices board, gambling commission, Washington health care facilities authority, student achievement council, higher education facilities authority, horse racing commission, state housing finance commission, human rights commission, indeterminate sentence review board, board of industrial insurance appeals, state investment board, commission on judicial conduct, legislative ethics board, life sciences discovery fund authority board of trustees, liquor control board, lottery commission, Pacific Northwest electric power and conservation planning council, parks and recreation commission, Washington personnel resources board, board of pilotage commissioners, pollution control hearings board, public disclosure commission, public employees' benefits board, recreation and conservation funding board, salmon recovery funding board, shorelines hearings board, board of tax appeals, transportation commission, University of Washington board of regents, utilities and transportation commission, Washington State University board of regents, and Western Washington University board of trustees.
Sec. 602. RCW 43.70.054 and 1997 c 274 s 2 are each amended to read as follows:
(1) To promote the
public interest consistent with chapter 267, Laws of 1995, the department of
health, in cooperation with the ((information services board established
under RCW 43.105.032)) director of the consolidated technology services
agency established in RCW 43.105.047 (as recodified by this act), shall
develop health care data standards to be used by, and developed in
collaboration with, consumers, purchasers, health carriers, providers, and
state government as consistent with the intent of chapter 492, Laws of 1993 as
amended by chapter 267, Laws of 1995, to promote the delivery of quality health
services that improve health outcomes for state residents. The data standards
shall include content, coding, confidentiality, and transmission standards for
all health care data elements necessary to support the intent of this section,
and to improve administrative efficiency and reduce cost. Purchasers, as
allowed by federal law, health carriers, health facilities and providers as
defined in chapter 48.43 RCW, and state government shall utilize the data
standards. The information and data elements shall be reported as the
department of health directs by rule in accordance with data standards
developed under this section.
(2) The health care data collected, maintained, and studied by the department under this section or any other entity: (a) Shall include a method of associating all information on health care costs and services with discrete cases; (b) shall not contain any means of determining the personal identity of any enrollee, provider, or facility; (c) shall only be available for retrieval in original or processed form to public and private requesters; (d) shall be available within a reasonable period of time after the date of request; and (e) shall give strong consideration to data standards that achieve national uniformity.
(3) The cost of retrieving data for state officials and agencies shall be funded through state general appropriation. The cost of retrieving data for individuals and organizations engaged in research or private use of data or studies shall be funded by a fee schedule developed by the department that reflects the direct cost of retrieving the data or study in the requested form.
(4) All persons subject to this section shall comply with departmental requirements established by rule in the acquisition of data, however, the department shall adopt no rule or effect no policy implementing the provisions of this section without an act of law.
(5) The department shall submit developed health care data standards to the appropriate committees of the legislature by December 31, 1995.
Sec. 603. RCW 43.88.092 and 2013 2nd sp.s. c 33 s 4 are each amended to read as follows:
(1) As part of the biennial budget process, the office of financial management shall collect from agencies, and agencies shall provide, information to produce reports, summaries, and budget detail sufficient to allow review, analysis, and documentation of all current and proposed expenditures for information technology by state agencies. Information technology budget detail must be included as part of the budget submittal documentation required pursuant to RCW 43.88.030.
(2) The office of financial management must collect, and present as part of the biennial budget documentation, information for all existing information technology projects as defined by technology services board policy. The office of financial management must work with the office of the state chief information officer to maximize the ability to draw this information from the information technology portfolio management data collected by the consolidated technology services agency. Connecting project information collected through the portfolio management process with financial data developed under subsection (1) of this section provides transparency regarding expenditure data for existing technology projects.
(3) The ((chief
information officer)) director of the consolidated technology services agency
shall evaluate proposed information technology expenditures and establish
priority ranking categories of the proposals. No more than one-third of the
proposed expenditures shall be ranked in the highest priority category.
(4) The biennial budget documentation submitted by the office of financial management pursuant to RCW 43.88.030 must include an information technology plan and a technology budget for the state identifying current baseline funding for information technology, proposed and ongoing major information technology projects, and their associated costs. This plan and technology budget must be presented using a method similar to the capital budget, identifying project costs through stages of the project and across fiscal periods and biennia from project initiation to implementation. This information must be submitted electronically, in a format to be determined by the office of financial management and the legislative evaluation and accountability program committee.
(5) The office of financial management shall also institute a method of accounting for information technology-related expenditures, including creating common definitions for what constitutes an information technology investment.
(6) For the purposes of this section, "major information technology projects" includes projects that have a significant anticipated cost, complexity, or are of statewide significance, such as enterprise-level solutions, enterprise resource planning, and shared services initiatives.
Sec. 604. RCW 44.68.065 and 2010 c 282 s 8 are each amended to read as follows:
The legislative service center, under the direction of the joint legislative systems committee and the joint legislative systems administrative committee, shall:
(1) Develop a
legislative information technology portfolio consistent with the provisions of
RCW ((43.105.172)) 43.41A.110 (as recodified by this act);
(2) Participate in the development of an enterprise-based statewide information technology strategy as defined in RCW 43.105.019;
(3) Ensure the legislative information technology portfolio is organized and structured to clearly indicate participation in and use of enterprise-wide information technology strategies;
(4) As part of the
biennial budget process, submit the legislative information technology
portfolio to the chair and ranking member of the ways and means committees of
the house of representatives and the senate, the office of financial
management, and the ((department of information services)) consolidated
technology services agency.
PART VII
INFORMATION TECHNOLOGY ACCOUNTING REVISIONS
NEW SECTION. Sec. 701. A new section is added to chapter 43.105 RCW to read as follows:
(1) The consolidated technology services revolving account is created in the custody of the state treasurer. All receipts from agency fees and charges for services collected from public agencies must be deposited into the account. The account must be used for the:
(a) Acquisition of equipment, software, supplies, and services; and
(b) Payment of salaries, wages, and other costs incidental to the acquisition, development, maintenance, operation, and administration of: (i) Information services; (ii) telecommunications; (iii) systems; (iv) software; (v) supplies; and (vi) equipment, including the payment of principal and interest on debt by the agency and other users as determined by the office of financial management.
(2) The director or the director's designee, with the approval of the technology services board, is authorized to expend up to one million dollars per fiscal biennium for the technology services board to conduct independent technical and financial analysis of proposed information technology projects.
(3) Only the director or the director's designee may authorize expenditures from the account. The account is subject to allotment procedures under chapter 43.88 RCW, but no appropriation is required for expenditures except as provided in subsection (4) of this section.
(4) Expenditures for the strategic planning and policy component of the agency are subject to appropriation.
NEW SECTION. Sec. 702. A new section is added to chapter 43.41 RCW to read as follows:
(1) The statewide information technology system development revolving account is created in the custody of the state treasurer. All receipts from legislative appropriations and assessments to agencies for the development and acquisition of enterprise information technology systems must be deposited into the account. Moneys in the account may be spent only after appropriation. The account must be used solely for the development and acquisition of enterprise information technology systems that are consistent with the enterprise-based strategy established by the consolidated technology services agency in RCW 43.105.047 (as recodified by this act). Expenditures from the account may not be used for maintenance and operations of enterprise information technology systems. The account may be used for the payment of salaries, wages, and other costs directly related to the development and acquisition of enterprise information technology systems.
(2) All payment of principal and interest on debt issued for enterprise information technology systems must be paid from the account.
(3) The office may contract for the development or acquisition of enterprise information technology systems.
(4) For the purposes of this section and section 703 of this act, "enterprise information technology system" means an information technology system that serves agencies with a certain business need or process that are required to use the system unless the agency has received a waiver from the state chief information officer. "Enterprise information technology system" also includes projects that are of statewide significance including enterprise-level solutions, enterprise resource planning, and shared services initiatives.
NEW SECTION. Sec. 703. A new section is added to chapter 43.41 RCW to read as follows:
(1) The statewide information technology system maintenance and operations revolving account is created in the custody of the state treasurer. All receipts from fees, charges for services, and assessments to agencies for the maintenance and operations of enterprise information technology systems must be deposited into the account. The account must be used solely for the maintenance and operations of enterprise information technology systems.
(2) Only the director or the director's designee may authorize expenditures from the account. The account is subject to allotment procedures under chapter 43.88 RCW, but no appropriation is required for expenditure.
(3) The office may contract with the consolidated technology services agency for the billing of fees, charges for services, and assessments to agencies, and for the maintenance and operations of enterprise information technology systems.
(4) "Enterprise information technology system" has the definition in section 702 of this act.
NEW SECTION. Sec. 704. A new section is added to chapter 43.41 RCW to read as follows:
(1) The shared information technology system revolving account is created in the custody of the state treasurer. All receipts from fees, charges for services, and assessments to agencies for shared information technology systems must be deposited into the account.
(2) Only the director or the director's designee may authorize expenditures from the account. The account is subject to allotment procedures under chapter 43.88 RCW, but no appropriation is required for expenditure.
(3) The office may contract with the consolidated technology services agency for the billing of fees, charges for services, and assessments to agencies, and for the development, maintenance, and operations of shared information technology systems.
(4) For the purposes of this section, "shared information technology system" means an information technology system that is available to, but not required for use by, agencies.
NEW SECTION. Sec. 705. The following acts or parts of acts, as now existing or hereafter amended, are each repealed, effective January 1, 2016:
RCW 43.19.791 (Data processing revolving fund—Created—Use) and 2013 2nd sp.s. c 4 s 976 & 2011 2nd sp.s. c 9 s 906.
NEW SECTION. Sec. 706. No later than December 31, 2015, any residual balance of funds remaining in the data processing revolving fund repealed by section 705 of this act shall be apportioned by the director of financial management to the appropriate accounts created in sections 701 through 704 of this act.
PART VIII
MISCELLANEOUS PROVISIONS
NEW SECTION. Sec. 801. (1) All powers, duties, and functions of the office of the chief information officer within the office of financial management pertaining to the office of the chief information officer are transferred to the consolidated technology services agency.
(2)(a) All reports, documents, surveys, books, records, files, papers, or written material in the possession of the office of the chief information officer within the office of financial management pertaining to the powers, duties, and functions transferred shall be delivered to the custody of the consolidated technology services agency. All cabinets, furniture, office equipment, motor vehicles, and other tangible property employed by the office of the chief information officer within the office of financial management in carrying out the powers, duties, and functions transferred shall be made available to the consolidated technology services agency. All funds, credits, or other assets held in connection with the powers, duties, and functions transferred shall be assigned to the consolidated technology services agency.
(b) Any appropriations made to the office of the chief information officer within the office of financial management for carrying out the powers, duties, and functions transferred shall, on the effective date of this section, be transferred and credited to the consolidated technology services agency.
(c) Whenever any question arises as to the transfer of any personnel, funds, books, documents, records, papers, files, equipment, or other tangible property used or held in the exercise of the powers and the performance of the duties and functions transferred, the director of financial management shall make a determination as to the proper allocation and certify the same to the state agencies concerned.
(3) All rules and all pending business before the office of the chief information officer within the office of financial management pertaining to the powers, duties, and functions transferred shall be continued and acted upon by the consolidated technology services agency. All existing contracts and obligations shall remain in full force and shall be performed by the consolidated technology services agency.
(4) The transfer of the powers, duties, functions, and personnel of the office of the chief information officer within the office of financial management shall not affect the validity of any act performed before the effective date of this section.
(5) If apportionments of budgeted funds are required because of the transfers directed by this section, the director of financial management shall certify the apportionments to the agencies affected, the state auditor, and the state treasurer. Each of these shall make the appropriate transfer and adjustments in funds and appropriation accounts and equipment records in accordance with the certification.
(6) All exempt employees of the office of the chief information officer within the office of financial management engaged in performing the powers, duties, and functions transferred are transferred to the jurisdiction of the consolidated technology services agency. All employees classified under chapter 41.06 RCW, the state civil service law, are assigned to the consolidated technology services agency to perform their usual duties upon the same terms as formerly, without any loss of rights, subject to any action that may be appropriate thereafter in accordance with the laws and rules governing state civil service.
NEW SECTION. Sec. 802. Sections 301 through 307, 401 through 421, 501 through 504, 601 through 604, 701 through 706, and 801 of this act are necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and take effect July 1, 2015."
Correct the title.
Signed by Representatives Hudgins, Chair; Senn, Vice Chair; MacEwen, Ranking Minority Member; Caldier, Assistant Ranking Minority Member; McCabe; Morris and Takko.
Referred to Committee on Appropriations.
April 1, 2015
SSB 5081 Prime Sponsor, Committee on Ways & Means: Increasing transparency of state government expenditures related to state employees, state vendors and other public entities. Reported by Committee on State Government
MAJORITY recommendation: Do pass as amended.
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1. A new section is added to chapter 43.88 RCW to read as follows:
(1) In order to facilitate public inspection of state collective bargaining agreements, the office of financial management must maintain a web site that is accessible to the public of all agreements collectively bargained under the authority of chapters 41.80 and 47.64 RCW and RCW 41.56.026, 41.56.028, 41.56.029, 41.56.473, 41.56.510, and 74.39A.270.
(2) The web site must be updated within sixty days of implementation of any agreement or revisions to an agreement.
(3) No later than January 1, 2016, the information under this section must be incorporated into the state expenditure information web site maintained by the legislative evaluation and accountability program committee under RCW 44.48.150.
Sec. 2. RCW 43.82.150 and 2007 c 506 s 7 are each amended to read as follows:
(1) The office of financial management shall develop and maintain an inventory system to account for all owned or leased facilities utilized by state government. At a minimum, the inventory system must include the facility owner, location, type, condition, and size of each facility. In addition, for owned facilities, the inventory system must include the date and cost of original construction and the cost of any major remodeling or renovation. The inventory must be updated by June 30th of each year. The office of financial management shall publish a report summarizing information contained in the inventory system for each agency by October 1st of each year, beginning in 2010 and shall submit this report to the appropriate fiscal committees of the legislature.
(2) All agencies, departments, boards, commissions, and institutions of the state of Washington shall provide to the office of financial management a complete inventory of owned and leased facilities by September 1, 2010. The inventory must be updated and submitted to the office of financial management by September 1st of each subsequent year. The inventories required under this subsection must be submitted in a standard format prescribed by the office of financial management.
(3) The office of financial management shall report to the legislature by September 1, 2008, on recommended improvements to the inventory system, redevelopment costs, and an implementation schedule for the redevelopment of the inventory system. The report shall also make recommendations on other improvements that will improve accountability and assist in the evaluation of budget requests and facility management by the governor and the legislature.
(4) No later than January 1, 2016, the inventory under this section must be incorporated into the state expenditure information web site maintained by the legislative evaluation and accountability program committee under RCW 44.48.150.
(5) For the purposes of this section, "facilities" means buildings and other structures with walls and a roof. "Facilities" does not mean roads, bridges, parking areas, utility systems, and other similar improvements to real property.
Sec. 3. RCW 39.26.140 and 2012 c 224 s 16 are each amended to read as follows:
(1) Agencies must submit sole source contracts to the department and make the contracts available for public inspection not less than ten working days before the proposed starting date of the contract. Agencies must provide documented justification for sole source contracts to the department when the contract is submitted, and must include evidence that the agency posted the contract opportunity at a minimum on the state's enterprise vendor registration and bid notification system.
(2) The department must approve sole source contracts before any such contract becomes binding and before any services may be performed or goods provided under the contract. These requirements shall also apply to all sole source contracts except as otherwise exempted by the director.
(3) The director may provide an agency an exemption from the requirements of this section for a contract or contracts. Requests for exemptions must be submitted to the director in writing.
(4) Contracts awarded by institutions of higher education from nonstate funds are exempt from the requirements of this section.
(5) No later than January 1, 2016, the department must maintain a web site of sole source contracts that is accessible to the public to enable inspection as required in subsection (1) of this section.
Sec. 4. RCW 39.26.150 and 2012 c 224 s 17 are each amended to read as follows:
(1) Agencies must provide public notice for all competitive solicitations. Agencies must post all contract opportunities on the state's enterprise vendor registration and bid notification system. In addition, agencies may notify contractors and potential bidders by sending notices by mail, electronic transmission, newspaper advertisements, or other means as may be appropriate.
(2) Agencies should try to anticipate changes in a requirement before the bid submittal date and to provide reasonable notice to all prospective bidders of any resulting modification or cancellation. If, in the opinion of the agency, it is not possible to provide reasonable notice, the submittal date for receipt of bids may be postponed and all bidders notified.
(3) No later than January 1, 2016, the department must maintain a web site of all current contract opportunities on the state's enterprise vendor registration and bid notification system that is accessible to the public without requiring registration as a vendor or other entity within the system.
Sec. 5. RCW 39.26.200 and 2013 2nd sp.s. c 34 s 1 are each amended to read as follows:
(1)(a) The director shall provide notice to the contractor of the director's intent to debar with the specific reason for the debarment. The department must establish the debarment process by rule.
(b) After reasonable notice to the contractor and reasonable opportunity for that contractor to be heard, the director has the authority to debar a contractor for cause from consideration for award of contracts. The debarment must be for a period of not more than three years.
(2) The director may debar a contractor based on a finding of one or more of the following causes:
(a) Conviction for commission of a criminal offense as an incident to obtaining or attempting to obtain a public or private contract or subcontract, or in the performance of such contract or subcontract;
(b) Conviction or a final determination in a civil action under state or federal statutes of fraud, embezzlement, theft, forgery, bribery, falsification or destruction of records, receiving stolen property, violation of the federal false claims act, 31 U.S.C. Sec. 3729 et seq., or the state medicaid fraud false claims act, chapter 74.66 RCW, or any other offense indicating a lack of business integrity or business honesty that currently, seriously, and directly affects responsibility as a state contractor;
(c) Conviction under state or federal antitrust statutes arising out of the submission of bids or proposals;
(d) Two or more violations within the previous five years of the federal labor relations act as determined by the national labor relations board or court of competent jurisdiction;
(e) Violation of contract provisions, as set forth in this subsection, of a character that is regarded by the director to be so serious as to justify debarment action:
(i) Deliberate failure without good cause to perform in accordance with the specifications or within the time limit provided in the contract; or
(ii) A recent record of failure to perform or of unsatisfactory performance in accordance with the terms of one or more contracts, however the failure to perform or unsatisfactory performance caused by acts beyond the control of the contractor may not be considered to be a basis for debarment;
(f) Violation of ethical standards set forth in RCW 39.26.020; and
(g) Any other cause the director determines to be so serious and compelling as to affect responsibility as a state contractor, including debarment by another governmental entity for any cause listed in regulations.
(3) The director must issue a written decision to debar. The decision must:
(a) State the reasons for the action taken; and
(b) Inform the debarred contractor of the contractor's rights to judicial or administrative review.
(4) No later than January 1, 2016, the department must maintain a web site of all contractors currently debarred by the director that is accessible to the public.
Sec. 6. RCW 39.26.210 and 2012 c 224 s 23 are each amended to read as follows:
(1) Agencies must annually submit to the department a list of all contracts that the agency has entered into or renewed. "Contracts," for the purposes of this section, does not include purchase orders. The department must maintain a web site with a publicly available list of all contracts entered into by agencies during each fiscal year, except that contracts for the employment of expert witnesses for the purposes of litigation shall not be made publicly available to the extent that information is exempt from disclosure under state law. Except as otherwise exempt, the data must identify the contracting agency, the contractor, the purpose of the contract, effective dates and periods of performance, the cost of the contract and funding source, any substantive modifications to the contract, and whether the contract was competitively procured or awarded on a sole source basis.
(2) The department may conduct audits of its master contracts and convenience contracts to ensure that the contractor is in compliance with the contract terms and conditions, including but not limited to providing only the goods and services specified in the contract at the contract price.
NEW SECTION. Sec. 7. A new section is added to chapter 44.48 RCW to read as follows:
By January 1, 2016, in collaboration with the department of enterprise services, the legislative evaluation and accountability program committee must establish and make available to the public a state contracting information web site. The web site must direct the public to existing databases and web sites of current contracting opportunities, sole source contract inspection opportunities, debarred contractors, the inventory of state agency contracts entered into or renewed, minority and women-owned business contracting performance and compliance under section 10 of this act, the list of performance-based incentives, bonuses or awards paid under contract under section 11 of this act, and any other information that will increase public accessibility to state contracting opportunities or expenditures. If determined feasible and efficient, the legislative evaluation and accountability program committee may host department of enterprise services web sites related to state agency contracts or publish existing databases in different forms and formats to increase public accessibility to the information.
NEW SECTION. Sec. 8. A new section is added to chapter 44.48 RCW to read as follows:
(1) In order to facilitate transparency and accessibility to state expenditures to other public entities, no later than September 30th of each year, the following agencies must report to the legislative evaluation and accountability program committee the amount of funds distributed or expended in the prior fiscal year for each local government or other entity for the following programs and expenditures:
(a) Administrative office of the courts:
(i) State contributions for county superior court judge salaries and benefits;
(ii) County legal financial obligation grants under RCW 2.56.190;
(iii) Court-appointed special advocate coordinator grants;
(iv) Court interpreter assistance reimbursements under RCW 2.42.120(7) and 2.43.040(5);
(v) State contributions for district court judges and qualifying elected municipal court judge salaries under RCW 2.56.030(22);
(vi) Family and juvenile court improvement grants under RCW 2.56.230; and
(vii) Distributions to counties and/or county juvenile court administrators to fund the costs of processing truancy, children in need of services, and at-risk youth petitions.
(b) Office of public defense:
(i) Parents representation program costs; and
(ii) Public defense improvement grants under chapter 10.101 RCW.
(c) Department of retirement systems: State contributions to the law enforcement officers' and firefighters' retirement system reported separately for each employer, based on the compensation reported by that employer.
(d) Secretary of state: Reimbursements to counties for the state's share of primary and general election costs and the costs of conducting mandatory recounts on state measures in odd-numbered year elections.
(e) Military department:
(i) Financial assistance to counties to replace analog 911 telephone and network equipment with next generation 911 capable technology; and
(ii) Financial assistance to counties under contract for expenses authorized for reimbursement under RCW 38.52.540 and 38.52.545.
(f) Department of commerce:
(i) Vehicle electrification demonstration grants under RCW 43.325.110;
(ii) Growth management act grants;
(iii) Energy efficiency and solar grants to local governments, institutions of higher education, and state agencies; and
(iv) Victim/witness assistance programs under RCW 7.68.035.
(g) Criminal justice training center: Cost of cadet basic law enforcement academy training.
(2) State agencies must collaborate with the legislative evaluation and accountability program committee and the appropriate fiscal committees of the legislature to determine a method to assign a distribution amount by entity in those instances when the amount or entity is not readily identifiable. The method used must be disclosed in the description of the distribution. The legislative evaluation and accountability program committee may allow the report required in subsection (1) of this section be provided in alternative forms, such as extracting expenditure data from the state's accounting and financial reporting systems.
(3) In their report to the legislative evaluation and accountability program committee, state agencies must provide a brief description of any changes to the program or expenditure from its prior report that affects distribution eligibility or methodology.
Sec. 9. RCW 41.06.133 and 2011 1st sp.s. c 43 s 407 and 2011 1st sp.s. c 39 s 5 are each reenacted and amended to read as follows:
(1) The director shall adopt rules, consistent with the purposes and provisions of this chapter and with the best standards of personnel administration, regarding the basis and procedures to be followed for:
(a) The reduction, dismissal, suspension, or demotion of an employee;
(b) Training and career development;
(c) Probationary periods of six to twelve months and rejections of probationary employees, depending on the job requirements of the class, except as follows:
(i) Entry-level state park rangers shall serve a probationary period of twelve months; and
(ii) The probationary period of campus police officer appointees who are required to attend the Washington state criminal justice training commission basic law enforcement academy shall extend from the date of appointment until twelve months from the date of successful completion of the basic law enforcement academy, or twelve months from the date of appointment if academy training is not required. The director shall adopt rules to ensure that employees promoting to campus police officer who are required to attend the Washington state criminal justice training commission basic law enforcement academy shall have the trial service period extend from the date of appointment until twelve months from the date of successful completion of the basic law enforcement academy, or twelve months from the date of appointment if academy training is not required;
(d) Transfers;
(e) Promotional preferences;
(f) Sick leaves and vacations;
(g) Hours of work;
(h) Layoffs when necessary and subsequent reemployment, except for the financial basis for layoffs;
(i) The number of names to be certified for vacancies;
(j) Subject to RCW 41.04.820, adoption and revision of a state salary schedule to reflect the prevailing rates in Washington state private industries and other governmental units. The rates in the salary schedules or plans shall be increased if necessary to attain comparable worth under an implementation plan under RCW 41.06.155 and, for institutions of higher education and related boards, shall be competitive for positions of a similar nature in the state or the locality in which an institution of higher education or related board is located. Such adoption and revision is subject to approval by the director of financial management in accordance with chapter 43.88 RCW;
(k) Increment increases within the series of steps for each pay grade based on length of service for all employees whose standards of performance are such as to permit them to retain job status in the classified service. From February 18, 2009, through June 30, 2013, a salary or wage increase shall not be granted to any exempt position under this chapter, except that a salary or wage increase may be granted to employees pursuant to collective bargaining agreements negotiated under chapter 28B.52, 41.56, 47.64, or 41.76 RCW, and except that increases may be granted for positions for which the employer has demonstrated difficulty retaining qualified employees if the following conditions are met:
(i) The salary increase can be paid within existing resources;
(ii) The salary increase will not adversely impact the provision of client services; and
(iii) For any state agency of the executive branch, not including institutions of higher education, the salary increase is approved by the director of the office of financial management;
Any agency granting a salary increase from February 15, 2010, through June 30, 2011, to a position exempt under this chapter shall submit a report to the fiscal committees of the legislature no later than July 31, 2011, detailing the positions for which salary increases were granted, the size of the increases, and the reasons for giving the increases;
Any agency granting a salary increase from July 1, 2011, through June 30, 2013, to a position exempt under this chapter shall submit a report to the fiscal committees of the legislature by July 31, 2012, and July 31, 2013, detailing the positions for which salary increases were granted during the preceding fiscal year, the size of the increases, and the reasons for giving the increases;
(l) Optional lump sum relocation compensation approved by the agency director, whenever it is reasonably necessary that a person make a domiciliary move in accepting a transfer or other employment with the state. An agency must provide lump sum compensation within existing resources. If the person receiving the relocation payment terminates or causes termination with the state, for reasons other than layoff, disability separation, or other good cause as determined by an agency director, within one year of the date of the employment, the state is entitled to reimbursement of the lump sum compensation from the person;
(m) Providing for veteran's preference as required by existing statutes, with recognition of preference in regard to layoffs and subsequent reemployment for veterans and their surviving spouses by giving such eligible veterans and their surviving spouses additional credit in computing their seniority by adding to their unbroken state service, as defined by the director, the veteran's service in the military not to exceed five years. For the purposes of this section, "veteran" means any person who has one or more years of active military service in any branch of the armed forces of the United States or who has less than one year's service and is discharged with a disability incurred in the line of duty or is discharged at the convenience of the government and who, upon termination of such service, has received an honorable discharge, a discharge for physical reasons with an honorable record, or a release from active military service with evidence of service other than that for which an undesirable, bad conduct, or dishonorable discharge shall be given. However, the surviving spouse of a veteran is entitled to the benefits of this section regardless of the veteran's length of active military service. For the purposes of this section, "veteran" does not include any person who has voluntarily retired with twenty or more years of active military service and whose military retirement pay is in excess of five hundred dollars per month.
(2) Rules adopted under this section by the director shall provide for local administration and management by the institutions of higher education and related boards, subject to periodic audit and review by the director.
(3) Rules adopted by the director under this section may be superseded by the provisions of a collective bargaining agreement negotiated under RCW 41.80.001 and 41.80.010 through 41.80.130. The supersession of such rules shall only affect employees in the respective collective bargaining units.
(4)(a) The director shall require that each state agency report annually the following data:
(i) The number of classified, Washington management service, and exempt employees in the agency and the change compared to the previous report;
(ii) The number of bonuses and performance-based incentives awarded to agency staff and the base wages of such employees; and
(iii) The cost of each bonus or incentive awarded.
(b) A report that compiles the data in (a) of this subsection for all agencies will be provided annually to the governor and the appropriate committees of the legislature and must be posted for the public on the office of financial management's agency web site.
(c) No later than January 1, 2016, the report must be incorporated into the state expenditure information web site maintained by the legislative evaluation and accountability program committee under RCW 44.48.150.
(5) From February 15, 2010, until June 30, 2013, no monetary performance-based awards or incentives may be granted by the director or employers to employees covered by rules adopted under this section. This subsection does not prohibit the payment of awards provided for in chapter 41.60 RCW.
From July 1, 2011, until June 30, 2013, no performance-based awards or incentives may be granted by the director or employers to employees pursuant to a performance management confirmation granted by the department of personnel under WAC 357-37-055.
Sec. 10. RCW 39.19.060 and 1996 c 288 s 28 are each amended to read as follows:
(1) Each state agency
and educational institution shall comply with the annual goals established for
that agency or institution under this chapter for public works and procuring
goods or services. This chapter applies to all public works and procurement by
state agencies and educational institutions, including all contracts and other
procurement under chapters 28B.10, 39.04, ((39.29)) 39.26, 43.19,
and 47.28 RCW.
(2) Each state agency shall adopt a plan, developed in consultation with the director and the advisory committee, to insure that minority and women-owned businesses are afforded the maximum practicable opportunity to directly and meaningfully participate in the execution of public contracts for public works and goods and services. The plan shall include specific measures the agency will undertake to increase the participation of certified minority and women-owned businesses.
(3) Of all state agencies and educational institutions, the office must annually identify those: (a) In the lowest quintile of utilization of minority and women-owned contractors as a percentage of all contracts issued by the agency; (b) in the lowest quintile of the dollar value awarded to minority and women-owned contractors as a percentage of the dollar value of all contracts issued by the agency; and (c) that are performing significantly below their established goals, as determined by the office. The office must meet with each identified agency to review its plan and identify available tools and actions for increasing participation.
(4) The office shall annually notify the governor, the state auditor, and the joint legislative audit and review committee of all agencies and educational institutions not in compliance with this chapter.
(5) No later than January 1, 2016, the office must maintain a web site of the information compiled in subsection (3) of this section and the list of agencies and educational institutions not in compliance with this chapter that is accessible to the public.
NEW SECTION. Sec. 11. A new section is added to chapter 39.26 RCW to read as follows:
Agencies must annually submit to the department a list of performance-based incentives, bonuses, or awards paid under contract to contractors. "Contracts," for the purposes of this section, does not include purchase orders. The department must maintain the web site with a publicly available list of all performance-based incentives, bonuses, or awards paid under contract to contractors by agencies during each fiscal year, except that contracts for the employment of expert witnesses for the purposes of litigation shall not be made publicly available to the extent that information is exempt from disclosure under state law. Except as otherwise exempt, the data must identify the contracting agency; the contractor; the purpose of the contract; effective dates and periods of performance; a description of the performance incentive, bonus, or award clause; and the amount paid.
NEW SECTION. Sec. 12. A new section is added to chapter 43.88 RCW to read as follows:
(1) In order to facilitate public understanding, the office of financial management must prepare summaries of compensation and fringe benefits provided to nonrepresented employees of executive branch agencies, excluding institutions of higher education. A summary must be prepared for employees who are members of the Washington management service and a separate summary must be prepared for employees who are exempt from civil service. The summaries must contain the following information:
(a) The number of employees by agency as of the month in which the information is posted;
(b) Base compensation;
(c) Eligibility for and rate of overtime pay;
(d) Eligibility for and rate of compensatory time;
(e) Eligibility for and rate of any other compensation, including but not limited to shift premium pay, on-call pay, standby pay, assignment pay, special pay, or employer-provided housing or meals;
(f) Eligibility for and rate of pay for each paid leave provision;
(g) Eligibility for and rate of pay for any cash out provisions for compensatory time or paid leave;
(h) Temporary layoff provision;
(i) Employer and employee health care benefits expressed as a percentage of cost or as a dollar amount; and
(j) A brief description of each component and the biennial cost of any across-the-board increase in compensation and fringe benefits.
(2) Information may include links to salary schedules, pay ranges, and other information on state or federal agency web sites to summarize information.
(3) The first summaries must be posted on the office's web site within sixty days of the beginning of each fiscal biennium. The summary must be updated each fiscal biennium thereafter or whenever any action is taken that affects subsection (1)(b) through (j) of this section.
(4) No later than January 1, 2016, the information under this section must be incorporated into the state expenditure information web site maintained by the legislative evaluation and accountability program committee under RCW 44.48.150.
NEW SECTION. Sec. 13. A new section is added to chapter 39.26 RCW to read as follows:
(1) In order to facilitate public understanding of state expenditures related to vendors, prior to issuing a solicitation for the purchase of services from a private sector vendor or nonprofit organization for services that have been customarily and historically provided by a public employee or employees, an agency must conduct a comprehensive cost to benefit assessment that either identifies a savings improvement or an efficiency improvement that is greater than the additional cost to purchase the service.
(a) To assist the agency in determining whether the decision to contract out is beneficial, the comprehensive assessment must include the following:
(i) An estimate of the cost of performance of the service by public employees including the fully allocated costs of the service, the cost of the employees' salaries and benefits, space, equipment, materials, and other costs necessary to perform the function. The estimate shall not include the state's indirect overhead costs unless those costs can be attributed directly to the function in question and would not exist if that function were not performed in state service;
(ii) An estimate of the cost of performance of the services if contracted out, including the cost of allocating sufficient public employee staff time and resources to monitor the contract and ensure its proper performance by the vendor; and
(iii) A statement of the performance objectives to be achieved by contracting with a private sector or nonprofit vendor.
(b) The comprehensive assessment may also include an assessment of the potential adverse impacts on the public from outsourcing the contract, such as loss of employment, effect on social services and public assistance programs, economic impacts on local businesses and local tax revenues, and environmental impacts.
(2)(a) An agency must prepare a written record of the basis of the decision to contract out a service that has been customarily and historically provided by public employees, which must include the comprehensive cost to benefit assessment required under subsection (1) of this section, as well as an itemization of performance standards contained in the contract. The written record shall be submitted for posting on the department's web site.
(b) Every five years or upon completion of the contract, whichever comes first, the agency must prepare and file with the department a report, which must include at a minimum the following information:
(i) Documentation of the vendor's performance as measured by the itemized performance standards;
(ii) Itemization of any contract extensions or change orders that resulted in a change in the dollar value or cost of the contract; and
(iii) A report of any remedial actions that were taken to enforce compliance with the contract, together with an estimate of the cost incurred by the public in enforcing such compliance.
(3) In addition to any other terms required by law, the terms of any agreement to contract out a service that has been customarily and historically provided by public employees must include the following:
(a) A cancellation clause allowing the state agency to cancel a contract if the vendor fails to meet quality standards or budget specifications;
(b) Terms ensuring periodic review of performance of the contract;
(c) Terms requiring the vendor to compensate the agency for public sector employees' hours expended in achieving full performance of a contract that has failed inspection, that the contractor has failed to complete on schedule, or that has not been completed in a manner that is consistent with quality standards;
(d) A term requiring the vendor to make available to the agency the following information at the start of the contract's term and updated each fiscal year:
(i) The name and license number, if applicable, of the contractor and all subcontractors; and
(ii) A list of individuals or entities performing the services under the contract, reflected as full-time equivalent positions, including the hourly wage rate for each position, and the status of the individual as an employee, subcontractor, independent contractor, or consultant; and
(e) A waiver of confidentiality of, and agreement to provide to the agency upon request, basic financial information related to the contract, other than financial, commercial, or proprietary information specifically exempted from disclosure to the public under RCW 42.56.270.
Sec. 14. RCW 43.19.008 and 2011 1st sp.s. c 43 s 104 are each amended to read as follows:
(1) The executive powers and management of the department shall be administered as described in this section.
(2) The executive head and appointing authority of the department is the director. The director is appointed by the governor, subject to confirmation by the senate. The director serves at the pleasure of the governor. The director is paid a salary fixed by the governor in accordance with RCW 43.03.040. If a vacancy occurs in the position of director while the senate is not in session, the governor shall make a temporary appointment until the next meeting of the senate at which time he or she shall present to that body his or her nomination for the position.
(3) The director may employ staff members, who are exempt from chapter 41.06 RCW, and any additional staff members as are necessary to administer this chapter, and such other duties as may be authorized by law. The director may delegate any power or duty vested in him or her by chapter 43, Laws of 2011 1st sp. sess. or other law, including authority to make final decisions and enter final orders in hearings conducted under chapter 34.05 RCW.
(4) The internal affairs of the department are under the control of the director in order that the director may manage the department in a flexible and intelligent manner as dictated by changing contemporary circumstances. Unless specifically limited by law, the director has complete charge and supervisory powers over the department. The director may create the administrative structures as the director deems appropriate, except as otherwise specified by law, and the director may employ personnel as may be necessary in accordance with chapter 41.06 RCW, except as otherwise provided by law.
(5) Until June 30, 2018, at the beginning of each fiscal biennium, the office of financial management shall conduct a review of the programs and services that are performed by the department to determine whether the program or service may be performed by the private sector in a more cost-efficient and effective manner than being performed by the department. In conducting this review, the office of financial management shall:
(a) Examine the existing activities currently being performed by the department, including but not limited to an examination of services for their performance, staffing, capital requirements, and mission. Programs may be broken down into discrete services or activities or reviewed as a whole; and
(b) Examine the activities to determine which specific services are available in the marketplace and what potential for efficiency gains or savings exist.
(i) As part of the review in this subsection (5), the office of financial management shall select up to six activities or services that have been determined as an activity that may be provided by the private sector in a cost-effective and efficient manner, including for the 2011-2013 fiscal biennium the bulk printing services. The office of financial management may consult with affected industry stakeholders in making its decision on which activities to contract for services. Priority for selection shall be given to agency activities or services that are significant, ongoing functions.
(ii) The office of financial management must consider the consequences and potential mitigation of improper or failed performance by the contractor.
(iii) For each of the selected activities, the department shall use a request for information, request for proposal, or other procurement process to determine if a contract for the activity would result in the activity being provided at a reduced cost and with greater efficiency. This must include, but is not limited to, consideration of the cost of the agency staff time and resources that may be required to monitor and ensure proper performance of the contract by the vendor.
(iv) The request for information, request for proposal, or other procurement process must contain measurable standards for the performance of the contract.
(v) The department may contract with one or more vendors to provide the service as a result of the procurement process.
(vi) If the office of financial management determines via the procurement process that the activity cannot be provided by the private sector at a reduced cost and greater efficiency, the department of enterprise services may cancel the procurement without entering into a contract and shall promptly notify the legislative fiscal committees of such a decision.
(vii) The department of enterprise services, in consultation with the office of financial management, must establish a contract monitoring process to measure contract performance, costs, service delivery quality, and other contract standards, and to cancel contracts that do not meet those standards. No contracts may be renewed without a review of these measures.
(viii) The office of financial management shall prepare a biennial report summarizing the results of the examination of the agency's programs and services. In addition to the programs and services examined and the result of the examination, the report shall provide information on any procurement process that does not result in a contract for the services. During each regular legislative session held in odd-numbered years, the legislative fiscal committees shall hold a public hearing on the report and the department's activities under this section.
(ix) The joint legislative audit and review committee shall conduct an audit of the implementation of this subsection (5), and report to the legislature by January 1, 2018, on the results of the audit. The report must include an analysis and estimate of additional costs or savings to taxpayers as a result of the contracting out provisions. This analysis must, at a minimum, include the following:
(A) An estimate of the cost of performance of the selected activities if the activities had been performed by public employees, including the fully allocated costs of the service, the cost of the employees' salaries and benefits, space, equipment, materials, and other costs necessary to perform the function. The estimate shall not include the state's indirect overhead costs unless those costs can be attributed directly to the function in question and would not exist if that function were not performed in state service;
(B) An estimate of the cost of performance of the contract by the vendor, including the cost of any change orders or contract revisions and the costs of allocating sufficient public employee staff time and resources to monitor the contract and ensure its proper performance by the vendor;
(C) An analysis of the extent to which performance objectives were achieved by outsourcing the contract; and
(D) An assessment of adverse impacts on the public of outsourcing the contract."
Correct the title.
Signed by Representatives Hunt, S., Chair; Bergquist, Vice Chair; Appleton and Gregory.
MINORITY recommendation: Do not pass. Signed by Representatives Holy, Ranking Minority Member; Van Werven, Assistant Ranking Minority Member and Hawkins.
Passed to Committee on Rules for second reading.
April 1, 2015
SB 5094 Prime Sponsor, Senator Brown: Allowing incremental electricity produced as a result of efficiency improvements to hydroelectric generation projects whose energy output is marketed by the Bonneville power administration to qualify as an eligible renewable resource under the energy independence act. Reported by Committee on Technology & Economic Development
MAJORITY recommendation: Do pass. Signed by Representatives Morris, Chair; Smith, Ranking Minority Member; DeBolt, Assistant Ranking Minority Member; Fey; Harmsworth; Magendanz; Nealey; Ryu; Santos; Wylie and Young.
MINORITY recommendation: Do not pass. Signed by Representatives Tarleton, Vice Chair and Hudgins.
Passed to Committee on Rules for second reading.
March 31, 2015
SB 5100 Prime Sponsor, Senator Hobbs: Concerning the processing of certain motor vehicle-related violations applicable to rental cars. Reported by Committee on Transportation
MAJORITY recommendation: Do pass as amended.
Strike everything after the enacting clause and insert the following:
"Sec. 1. RCW 46.20.270 and 2013 2nd sp.s. c 35 s 17 are each amended to read as follows:
(1) Every court having jurisdiction over offenses committed under this chapter, or any other act of this state or municipal ordinance adopted by a local authority regulating the operation of motor vehicles on highways, or any federal authority having jurisdiction over offenses substantially the same as those set forth in this title which occur on federal installations within this state, shall immediately forward to the department a forfeiture of bail or collateral deposited to secure the defendant's appearance in court, a payment of a fine, penalty, or court cost, a plea of guilty or nolo contendere or a finding of guilt, or a finding that any person has committed a traffic infraction an abstract of the court record in the form prescribed by rule of the supreme court, showing the conviction of any person or the finding that any person has committed a traffic infraction in said court for a violation of any said laws other than regulations governing standing, stopping, parking, and pedestrian offenses.
(2) Every state
agency or municipality having jurisdiction over offenses committed under this
chapter, or under any other act of this state or municipal ordinance adopted by
a state or local authority regulating the operation of motor vehicles on
highways, may forward to the department within ten days of failure to respond,
failure to pay a penalty, failure to appear at a hearing to contest the determination
that a violation of any statute, ordinance, or regulation relating to standing,
stopping, parking, or civil penalties issued under RCW 46.63.160 has been
committed, or failure to appear at a hearing to explain mitigating
circumstances, an abstract of the citation record in the form prescribed by
rule of the department, showing the finding by such municipality that two or
more violations of laws governing standing, stopping, and parking or one or
more civil penalties issued under RCW 46.63.160 have been committed and
indicating the nature of the defendant's failure to act. Such violations or
infractions may not have occurred while the vehicle is stolen from the
registered owner ((or is leased or rented under a bona fide commercial
vehicle lease or rental agreement between a lessor engaged in the business of
leasing vehicles and a lessee who is not the vehicle's registered owner)).
The department may enter into agreements of reciprocity with the duly
authorized representatives of the states for reporting to each other violations
of laws governing standing, stopping, and parking.
(3) For the purposes of this title and except as defined in RCW 46.25.010, "conviction" means a final conviction in a state or municipal court or by any federal authority having jurisdiction over offenses substantially the same as those set forth in this title which occur on federal installations in this state, an unvacated forfeiture of bail or collateral deposited to secure a defendant's appearance in court, the payment of a fine or court cost, a plea of guilty or nolo contendere, or a finding of guilt on a traffic law violation charge, regardless of whether the imposition of sentence or sanctions are deferred or the penalty is suspended, but not including entry into a deferred prosecution agreement under chapter 10.05 RCW.
(4) Perfection of a notice of appeal shall stay the execution of the sentence pertaining to the withholding of the driving privilege.
(5) For the purposes of this title, "finding that a traffic infraction has been committed" means a failure to respond to a notice of infraction or a determination made by a court pursuant to this chapter. Payment of a monetary penalty made pursuant to RCW 46.63.070(2) is deemed equivalent to such a finding.
Sec. 2. RCW 46.63.073 and 2007 c 372 s 1 are each amended to read as follows:
(1) In the event a traffic infraction is based on a vehicle's identification, and the registered owner of the vehicle is a rental car business, the law enforcement agency shall, before a notice of infraction may be issued, provide a written notice to the rental car business that a notice of infraction may be issued to the rental car business if the rental car business does not, within thirty days of receiving the written notice, provide to the issuing agency by return mail:
(a) A statement under oath stating the name and known mailing address of the individual driving or renting the vehicle when the infraction occurred; or
(b) A statement under oath that the business is unable to determine who was driving or renting the vehicle at the time the infraction occurred because the vehicle was stolen at the time of the infraction. A statement provided under this subsection must be accompanied by a copy of a filed police report regarding the vehicle theft.
Timely mailing of this statement to the issuing law enforcement agency relieves a rental car business of any liability under this chapter for the notice of infraction. In lieu of identifying the vehicle operator, the rental car business may pay the applicable penalty. If appropriate under the circumstances, a renter identified under (a) of this subsection is responsible for an infraction. For the purpose of this subsection, a "traffic infraction based on a vehicle's identification" includes, but is not limited to, parking infractions, high occupancy toll lane violations, and violations recorded by automated traffic safety cameras.
(2) In the event a parking infraction is issued by a private parking facility and is based on a vehicle's identification, and the registered owner of the vehicle is a rental car business, the parking facility shall, before a notice of infraction may be issued, provide a written notice to the rental car business that a notice of infraction may be issued to the rental car business if the rental car business does not, within thirty days of receiving the written notice, provide to the parking facility by return mail:
(a) A statement under oath stating the name and known mailing address of the individual driving or renting the vehicle when the infraction occurred; or
(b) A statement under oath that the business is unable to determine who was driving or renting the vehicle at the time the infraction occurred because the vehicle was stolen at the time of the infraction. A statement provided under this subsection must be accompanied by a copy of a filed police report regarding the vehicle theft.
Timely mailing of this statement to the parking facility relieves a rental car business of any liability under this chapter for the notice of infraction. In lieu of identifying the vehicle operator, the rental car business may pay the applicable penalty. For the purpose of this subsection, a "parking infraction based on a vehicle's identification" is limited to parking infractions occurring on a private parking facility's premises."
Correct the title.
Signed by Representatives Clibborn, Chair; Farrell, Vice Chair; Fey, Vice Chair; Moscoso, Vice Chair; Orcutt, Ranking Minority Member; Hargrove, Assistant Ranking Minority Member; Bergquist; Gregerson; Harmsworth; Hayes; Kochmar; McBride; Moeller; Morris; Ortiz-Self; Pike; Riccelli; Sells; Shea; Takko; Tarleton; Wilson; Young and Zeiger.
Passed to Committee on Rules for second reading.
April 1, 2015
SB 5101 Prime Sponsor, Senator Padden: Modifying mental status evaluation provisions. Reported by Committee on Judiciary
MAJORITY recommendation: Do pass. Signed by Representatives Jinkins, Chair; Kilduff, Vice Chair; Rodne, Ranking Minority Member; Shea, Assistant Ranking Minority Member; Goodman; Haler; Hansen; Kirby; Klippert; Muri; Orwall; Stokesbary and Walkinshaw.
Passed to Committee on Rules for second reading.
April 1, 2015
ESB 5111 Prime Sponsor, Senator Brown: Concerning projects of statewide significance for economic development and transportation. Reported by Committee on Technology & Economic Development
MAJORITY recommendation: Do pass as amended.
Strike everything after the enacting clause and insert the following:
"Sec. 1. RCW 43.157.005 and 2009 c 421 s 1 are each amended to read as follows:
The legislature
declares that certain private investments, such as investments for
industrial development, environmental improvement, and innovation activities,
merit special designation ((and treatment by governmental bodies when they
are proposed)) as projects of statewide significance. Such
investments bolster the economies of their locale and impact the economy of the
state as a whole. It is the intention of the legislature to recognize projects
of statewide significance, to provide a mechanism for local governments and
state and federal agencies to perform a coordinated and comprehensive review of
such projects, and to encourage ((local governments and state agencies
to expedite)) their expeditious completion.
Sec. 2. RCW 43.157.020 and 2009 c 421 s 3 are each amended to read as follows:
Counties and cities
with development projects designated as projects of statewide significance
within their jurisdictions ((shall)) must enter into an agreement
with the office of regulatory assistance and the project managers of projects
of statewide significance for: Expediting the completion of a
project((s)) of statewide significance and completing a coordinated
and comprehensive review of a project of statewide significance. The
agreement ((shall)) must require:
(1) Expedited permit processing for the design and construction of the project;
(2) Expedited environmental review processing;
(3) Expedited
processing of requests for street, right-of-way, ((or)) easement
vacations, or other local administrative permits necessary for the
construction of the project;
(4) Participation of local officials on the team assembled under the requirements of RCW 43.157.030(2)(b); and
(5) Such other actions or items as are deemed necessary by the office of regulatory assistance for the design and construction of the project but that do not alter any agency or local government permitting authority or other existing statutory requirements.
NEW SECTION. Sec. 3. (1)(a) A legislative task force is established to examine the creation of a single siting agency empowered to establish guidelines for and implement a pre-SEPA process that expedites and consolidates the permitting of large manufacturing facilities, energy facilities, and transportation facilities that are of statewide economic significance.
(b) For purposes of this section, "pre-SEPA process" means a process conducted prior to the environmental review process under the state environmental policy act, chapter 43.21C RCW.
(2)(a) The task force comprises twelve voting members, with one member appointed by each of the chairs and ranking members of the house and senate transportation committees, the house and senate committees with jurisdiction over energy issues, the house committee with jurisdiction over environmental issues, and the senate committee with jurisdiction over economic development issues.
(b) The task force may consult with directors and representatives of state permitting agencies, including but not limited to the department of transportation, department of ecology, energy facility site evaluation council, and the department of fish and wildlife, and associations representing local governments.
(3) Staff support for the task force must be provided by the senate committee services and the house of representatives office of program research.
(4) The task force must review previous legislative proposals addressing the goal of establishing a comprehensive, expedited permit decision-making process.
(5) By December 18, 2015, and in compliance with RCW 43.01.036, any findings and recommendations made by the task force must be reported to the governor and the appropriate committees of the legislature.
(6) This section expires July 1, 2016.
NEW SECTION. Sec. 4. This act is known as the community prosperity and revitalization act."
Correct the title.
Signed by Representatives Morris, Chair; Tarleton, Vice Chair; Smith, Ranking Minority Member; DeBolt, Assistant Ranking Minority Member; Fey; Harmsworth; Magendanz; Nealey; Santos; Wylie and Young.
MINORITY recommendation: Do not pass. Signed by Representatives Hudgins and Ryu.
Passed to Committee on Rules for second reading.
April 1, 2015
SSB 5113 Prime Sponsor, Committee on Energy, Environment & Telecommunications: Requiring the department of commerce to coordinate and advance the siting and manufacturing of small modular reactors in the state to meet future energy supply, environmental, and energy security needs. Reported by Committee on Technology & Economic Development
MAJORITY recommendation: Do pass as amended.
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1. (1) The legislature finds that the promotion and advancement of new technologies, particularly in the clean technology sector, is an important aspect of Washington's economic development. The commercialization and deployment of small modular reactor technologies has been identified by the federal government as a means to meet clean energy targets and as a key element in its nuclear energy research and development roadmap. Washington has the potential to become a leader in the advancement of small modular reactor technologies by leveraging its experience as an incubator of new and innovative technologies, its world class universities, and its highly skilled workforce to attract manufacturers of small modular reactors. The legislature finds that advancing the manufacturing of small modular reactors may help the state meet future energy supply, environmental, and energy security needs.
(2) The legislature finds that because Washington's students are the foundation for providing the diverse and highly skilled workforce for the clean technology sector, including the manufacturing of small modular reactors, it is in the public interest to provide students the opportunity to strengthen their knowledge of the fundamentals of the energy sciences, including physics, chemistry, mathematics, and related disciplines.
(3) The legislature also finds that while all powers, duties, and functions of the state energy office relating to implementing energy education were transferred to Washington State University in 1996, the goals of advancing the manufacturing of small modular reactors in the state and providing students with an education in the energy sciences are mutually reinforcing. Therefore, the legislature intends that the department of commerce shall provide support to the office of the superintendent of public instruction for the purpose of developing a clean energy education program as it relates to training and education on clean technologies, including manufacturing of small modular reactors.
(4) The legislature finds that:
(a) Nothing in this act shall prevent the energy facility site evaluation council from exercising its authority under chapter 80.50 RCW to receive, review, and approve an application for the siting and certification of any nuclear power facility where the primary purpose is to produce and sell electricity; and
(b) Nothing in this act shall grant authority to the department of commerce for the siting of any nuclear power facility where the primary purpose is to produce and sell electricity.
Sec. 2. RCW 43.21F.025 and 2010 c 271 s 402 are each amended to read as follows:
(1) "Assistant director" means the assistant director of the department of commerce responsible for energy policy activities;
(2) "Department" means the department of commerce;
(3) "Director" means the director of the department of commerce;
(4) "Distributor" means any person, private corporation, partnership, individual proprietorship, utility, including investor-owned utilities, municipal utility, public utility district, joint operating agency, or cooperative, which engages in or is authorized to engage in the activity of generating, transmitting, or distributing energy in this state;
(5) "Energy" means petroleum or other liquid fuels; natural or synthetic fuel gas; solid carbonaceous fuels; fissionable nuclear material; electricity; solar radiation; geothermal resources; hydropower; organic waste products; wind; tidal activity; any other substance or process used to produce heat, light, or motion; or the savings from nongeneration technologies, including conservation or improved efficiency in the usage of any of the sources described in this subsection;
(6)
"Person" means an individual, partnership, joint venture, private or
public corporation, association, firm, public service company, political
subdivision, municipal corporation, government agency, public utility district,
joint operating agency, or any other entity, public or private, however
organized; ((and))
(7) "Small modular reactor" means a scalable nuclear power plant using reactors that each have a gross power output of no greater than three hundred megawatts electric, and where each reactor is designed for factory manufacturing and ease of transport, such as by truck, rail, or barge; and
(8) "State energy strategy" means the document developed and updated by the department as allowed in RCW 43.21F.090.
Sec. 3. RCW 43.21F.045 and 1996 c 186 s 103 are each amended to read as follows:
(1) The department shall supervise and administer energy-related activities as specified in RCW 43.330.904 and shall advise the governor and the legislature with respect to energy matters affecting the state.
(2) In addition to other powers and duties granted to the department, the department shall have the following powers and duties:
(a) Prepare and update contingency plans for implementation in the event of energy shortages or emergencies. The plans shall conform to chapter 43.21G RCW and shall include procedures for determining when these shortages or emergencies exist, the state officers and agencies to participate in the determination, and actions to be taken by various agencies and officers of state government in order to reduce hardship and maintain the general welfare during these emergencies. The department shall coordinate the activities undertaken pursuant to this subsection with other persons. The components of plans that require legislation for their implementation shall be presented to the legislature in the form of proposed legislation at the earliest practicable date. The department shall report to the governor and the legislature on probable, imminent, and existing energy shortages, and shall administer energy allocation and curtailment programs in accordance with chapter 43.21G RCW.
(b) Establish and maintain a central repository in state government for collection of existing data on energy resources, including:
(i) Supply, demand, costs, utilization technology, projections, and forecasts;
(ii) Comparative costs of alternative energy sources, uses, and applications; and
(iii) Inventory data on energy research projects in the state conducted under public and/or private auspices, and the results thereof.
(c) Coordinate federal energy programs appropriate for state-level implementation, carry out such energy programs as are assigned to it by the governor or the legislature, and monitor federally funded local energy programs as required by federal or state regulations.
(d) Develop energy policy recommendations for consideration by the governor and the legislature.
(e) Provide assistance, space, and other support as may be necessary for the activities of the state's two representatives to the Pacific northwest electric power and conservation planning council. To the extent consistent with federal law, the director shall request that Washington's councilmembers request the administrator of the Bonneville power administration to reimburse the state for the expenses associated with the support as provided in the Pacific Northwest Electric Power Planning and Conservation Act (P.L. 96-501).
(f) Cooperate with state agencies, other governmental units, and private interests in the prioritization and implementation of the state energy strategy elements and on other energy matters.
(g) Serve as the official state agency responsible for coordinating implementation of the state energy strategy.
(h) No later than December 1, 1982, and by December 1st of each even-numbered year thereafter, prepare and transmit to the governor and the appropriate committees of the legislature a report on the implementation of the state energy strategy and other important energy issues, as appropriate.
(i) Provide support for increasing cost-effective energy conservation, including assisting in the removal of impediments to timely implementation.
(j) Provide support for the development of cost-effective energy resources including assisting in the removal of impediments to timely construction.
(k) Coordinate and advance the manufacturing of small modular reactors in the state to meet future energy supply, environmental, and energy security needs, taking into consideration how disposal of nuclear waste may impact Washington state.
(l) Adopt rules, under chapter 34.05 RCW, necessary to carry out the powers and duties enumerated in this chapter.
(((l))) (m)
Provide administrative assistance, space, and other support as may be necessary
for the activities of the energy facility site evaluation council, as provided for
in RCW 80.50.030.
(((m))) (n)
Appoint staff as may be needed to administer energy policy functions and manage
energy facility site evaluation council activities. These employees are exempt
from the provisions of chapter 41.06 RCW.
(3) To the extent the powers and duties set out under this section relate to energy education, applied research, and technology transfer programs they are transferred to Washington State University.
(4) To the extent
the powers and duties set out under this section relate to energy efficiency in
public buildings they are transferred to the department of ((general
administration)) enterprise services.
NEW SECTION. Sec. 4. (1) By December 1, 2015, and in compliance with RCW 43.01.036, the department of commerce and the office of the superintendent of public instruction must jointly submit a report to the appropriate committees of the legislature with recommendations for the establishment of a clean energy education program.
(2) The clean energy education program must include:
(a) Grants for clean energy ambassadors to be used to create a pool of persons who can introduce students to clean energy science and technology, including solar and wind power, small modular reactors, and opportunities for nuclear waste cleanup technology careers, through classroom visits; and
(b) Grants for certified science teachers to be used to assist teachers in pursuing professional development opportunities related to clean energy science, to the teachers' areas of expertise, and to broadening the teachers' exposure to applied learning curricula.
(3) The report must include:
(a) Reference to and consideration of:
(i) The 2013 state science learning standards adopted by the office of the superintendent of public instruction; and
(ii) The energy literacy framework developed by the United States department of energy;
(b) An evaluation of the potential to establish a public-private partnership modeled after the financial education public-private partnership established under RCW 28A.300.450;
(c) A list of suggested qualifications to be used to identify or approve clean energy ambassadors, developed in consultation with industry leaders in the clean technology sectors and teachers; and
(d) Recommendations on professional development for educators related to clean energy, energy supply, environmental, and security needs, including training related to advancing the manufacturing of small modular reactors, solar and wind power, nuclear waste cleanup, and using applied learning curricula."
Correct the title.
Signed by Representatives Morris, Chair; Tarleton, Vice Chair; Smith, Ranking Minority Member; DeBolt, Assistant Ranking Minority Member; Fey; Harmsworth; Magendanz; Nealey; Santos; Wylie and Young.
MINORITY recommendation: Do not pass. Signed by Representatives Hudgins and Ryu.
Referred to Committee on Appropriations.
March 31, 2015
SB 5119 Prime Sponsor, Senator Angel: Providing authority for two or more nonprofit corporations to participate in a joint self-insurance program covering property or liability risks. Reported by Committee on General Government & Information Technology
MAJORITY recommendation: Do pass. Signed by Representatives Hudgins, Chair; Senn, Vice Chair; MacEwen, Ranking Minority Member; Caldier, Assistant Ranking Minority Member; McCabe; Morris and Takko.
Passed to Committee on Rules for second reading.
April 1, 2015
SB 5125 Prime Sponsor, Senator Padden: Increasing district court civil jurisdiction. Reported by Committee on Judiciary
MAJORITY recommendation: Do pass as amended.
Strike everything after the enacting clause and insert the following:
"Sec. 1. RCW 3.66.020 and 2008 c 227 s 1 are each amended to read as follows:
If, for each
claimant, the value of the claim or the amount at issue does not exceed ((seventy-five))
one hundred thousand dollars, exclusive of interest, costs, and
attorneys' fees, the district court shall have jurisdiction and cognizance of
the following civil actions and proceedings:
(1) Actions arising on contract for the recovery of money;
(2) Actions for damages for injuries to the person, or for taking or detaining personal property, or for injuring personal property, or for an injury to real property when no issue raised by the answer involves the plaintiff's title to or possession of the same and actions to recover the possession of personal property;
(3) Actions for a penalty;
(4) Actions upon a bond conditioned for the payment of money, when the amount claimed does not exceed fifty thousand dollars, though the penalty of the bond exceeds that sum, the judgment to be given for the sum actually due, not exceeding the amount claimed in the complaint;
(5) Actions on an undertaking or surety bond taken by the court;
(6) Actions for damages for fraud in the sale, purchase, or exchange of personal property;
(7) Proceedings to take and enter judgment on confession of a defendant;
(8) Proceedings to issue writs of attachment, garnishment and replevin upon goods, chattels, moneys, and effects;
(9) Actions arising under the provisions of chapter 19.190 RCW;
(10) Proceedings to civilly enforce any money judgment entered in any municipal court or municipal department of a district court organized under the laws of this state; and
(11) All other actions and proceedings of which jurisdiction is specially conferred by statute, when the title to, or right of possession of, real property is not involved."
Correct the title.
Signed by Representatives Jinkins, Chair; Kilduff, Vice Chair; Rodne, Ranking Minority Member; Shea, Assistant Ranking Minority Member; Goodman; Haler; Hansen; Kirby; Klippert; Muri; Orwall; Stokesbary and Walkinshaw.
Passed to Committee on Rules for second reading.
April 1, 2015
SB 5139 Prime Sponsor, Senator Roach: Concerning building code standards for certain buildings four or more stories high. Reported by Committee on Local Government
MAJORITY recommendation: Do pass. Signed by Representatives Takko, Chair; Gregerson, Vice Chair; Fitzgibbon; McBride and Peterson.
MINORITY recommendation: Do not pass. Signed by Representatives Taylor, Ranking Minority Member and Pike.
MINORITY recommendation: Without recommendation. Signed by Representative Griffey, Assistant Ranking Minority Member.
Passed to Committee on Rules for second reading.
April 1, 2015
SB 5144 Prime Sponsor, Senator Dammeier: Requiring all meetings of the Robert Bree collaborative to be subject to the open public meetings act. Reported by Committee on State Government
MAJORITY recommendation: Do pass. Signed by Representatives Hunt, S., Chair; Bergquist, Vice Chair; Holy, Ranking Minority Member; Van Werven, Assistant Ranking Minority Member; Appleton; Gregory and Hawkins.
Passed to Committee on Rules for second reading.
April 1, 2015
ESB 5153 Prime Sponsor, Senator Billig: Increasing transparency of campaign contributions. Reported by Committee on State Government
MAJORITY recommendation: Do pass as amended.
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1. The legislature finds that the public has the right to know who is contributing to election campaigns in Washington state and that campaign finance disclosure deters corruption, increases public confidence in Washington state elections, and strengthens our representative democracy.
The legislature finds that campaign finance disclosure is overwhelmingly supported by the citizens of Washington state as evidenced by the two initiatives that largely established Washington's current campaign finance system. Both passed with over seventy-two percent of the popular vote, as well as winning margins in every county in the state.
The legislature finds that nonprofit organizations are increasingly engaging in campaign activities in Washington state and across the country, including taking a more active role in contributing to candidate and ballot proposition campaigns. In some cases, these activities are occurring without adequate public disclosure due to loopholes in campaign finance regulations.
Therefore, the legislature intends to increase transparency and accountability, deter corruption, and strengthen confidence in the election process by closing campaign finance disclosure loopholes and requiring the disclosure of contributions and expenditures by nonprofit organizations that participate significantly in Washington state elections.
Sec. 2. RCW 42.17A.005 and 2011 c 145 s 2 and 2011 c 60 s 19 are each reenacted and amended to read as follows:
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
(1) "Actual malice" means to act with knowledge of falsity or with reckless disregard as to truth or falsity.
(2) "Agency" includes all state agencies and all local agencies. "State agency" includes every state office, department, division, bureau, board, commission, or other state agency. "Local agency" includes every county, city, town, municipal corporation, quasi-municipal corporation, or special purpose district, or any office, department, division, bureau, board, commission, or agency thereof, or other local public agency.
(3) "Authorized committee" means the political committee authorized by a candidate, or by the public official against whom recall charges have been filed, to accept contributions or make expenditures on behalf of the candidate or public official.
(4) "Ballot proposition" means any "measure" as defined by RCW 29A.04.091, or any initiative, recall, or referendum proposition proposed to be submitted to the voters of the state or any municipal corporation, political subdivision, or other voting constituency from and after the time when the proposition has been initially filed with the appropriate election officer of that constituency before its circulation for signatures.
(5) "Benefit" means a commercial, proprietary, financial, economic, or monetary advantage, or the avoidance of a commercial, proprietary, financial, economic, or monetary disadvantage.
(6) "Bona fide political party" means:
(a) An organization that has been recognized as a minor political party by the secretary of state;
(b) The governing body of the state organization of a major political party, as defined in RCW 29A.04.086, that is the body authorized by the charter or bylaws of the party to exercise authority on behalf of the state party; or
(c) The county central committee or legislative district committee of a major political party. There may be only one legislative district committee for each party in each legislative district.
(7) "Candidate" means any individual who seeks nomination for election or election to public office. An individual seeks nomination or election when he or she first:
(a) Receives contributions or makes expenditures or reserves space or facilities with intent to promote his or her candidacy for office;
(b) Announces publicly or files for office;
(c) Purchases commercial advertising space or broadcast time to promote his or her candidacy; or
(d) Gives his or her consent to another person to take on behalf of the individual any of the actions in (a) or (c) of this subsection.
(8) "Caucus political committee" means a political committee organized and maintained by the members of a major political party in the state senate or state house of representatives.
(9) "Commercial advertiser" means any person who sells the service of communicating messages or producing printed material for broadcast or distribution to the general public or segments of the general public whether through the use of newspapers, magazines, television and radio stations, billboard companies, direct mail advertising companies, printing companies, or otherwise.
(10) "Commission" means the agency established under RCW 42.17A.100.
(11) "Compensation" unless the context requires a narrower meaning, includes payment in any form for real or personal property or services of any kind. For the purpose of compliance with RCW 42.17A.710, "compensation" does not include per diem allowances or other payments made by a governmental entity to reimburse a public official for expenses incurred while the official is engaged in the official business of the governmental entity.
(12) "Continuing political committee" means a political committee that is an organization of continuing existence not established in anticipation of any particular election campaign.
(13)(a) "Contribution" includes:
(i) A loan, gift, deposit, subscription, forgiveness of indebtedness, donation, advance, pledge, payment, transfer of funds between political committees, or anything of value, including personal and professional services for less than full consideration;
(ii) An expenditure made by a person in cooperation, consultation, or concert with, or at the request or suggestion of, a candidate, a political committee, the person or persons named on the candidate's or committee's registration form who direct expenditures on behalf of the candidate or committee, or their agents;
(iii) The financing by a person of the dissemination, distribution, or republication, in whole or in part, of broadcast, written, graphic, or other form of political advertising or electioneering communication prepared by a candidate, a political committee, or its authorized agent;
(iv) Sums paid for tickets to fund-raising events such as dinners and parties, except for the actual cost of the consumables furnished at the event.
(b) "Contribution" does not include:
(i) Standard interest on money deposited in a political committee's account;
(ii) Ordinary home hospitality;
(iii) A contribution received by a candidate or political committee that is returned to the contributor within five business days of the date on which it is received by the candidate or political committee;
(iv) A news item, feature, commentary, or editorial in a regularly scheduled news medium that is of primary interest to the general public, that is in a news medium controlled by a person whose business is that news medium, and that is not controlled by a candidate or a political committee;
(v) An internal political communication primarily limited to the members of or contributors to a political party organization or political committee, or to the officers, management staff, or stockholders of a corporation or similar enterprise, or to the members of a labor organization or other membership organization;
(vi) The rendering of personal services of the sort commonly performed by volunteer campaign workers, or incidental expenses personally incurred by volunteer campaign workers not in excess of fifty dollars personally paid for by the worker. "Volunteer services," for the purposes of this subsection, means services or labor for which the individual is not compensated by any person;
(vii) Messages in the form of reader boards, banners, or yard or window signs displayed on a person's own property or property occupied by a person. However, a facility used for such political advertising for which a rental charge is normally made must be reported as an in-kind contribution and counts towards any applicable contribution limit of the person providing the facility;
(viii) Legal or accounting services rendered to or on behalf of:
(A) A political party or caucus political committee if the person paying for the services is the regular employer of the person rendering such services; or
(B) A candidate or an authorized committee if the person paying for the services is the regular employer of the individual rendering the services and if the services are solely for the purpose of ensuring compliance with state election or public disclosure laws; or
(ix) The performance of ministerial functions by a person on behalf of two or more candidates or political committees either as volunteer services defined in (b)(vi) of this subsection or for payment by the candidate or political committee for whom the services are performed as long as:
(A) The person performs solely ministerial functions;
(B) A person who is paid by two or more candidates or political committees is identified by the candidates and political committees on whose behalf services are performed as part of their respective statements of organization under RCW 42.17A.205; and
(C) The person does not disclose, except as required by law, any information regarding a candidate's or committee's plans, projects, activities, or needs, or regarding a candidate's or committee's contributions or expenditures that is not already publicly available from campaign reports filed with the commission, or otherwise engage in activity that constitutes a contribution under (a)(ii) of this subsection.
A person who performs ministerial functions under this subsection (13)(b)(ix) is not considered an agent of the candidate or committee as long as he or she has no authority to authorize expenditures or make decisions on behalf of the candidate or committee.
(c) Contributions other than money or its equivalent are deemed to have a monetary value equivalent to the fair market value of the contribution. Services or property or rights furnished at less than their fair market value for the purpose of assisting any candidate or political committee are deemed a contribution. Such a contribution must be reported as an in-kind contribution at its fair market value and counts towards any applicable contribution limit of the provider.
(14) "Depository" means a bank, mutual savings bank, savings and loan association, or credit union doing business in this state.
(15) "Elected official" means any person elected at a general or special election to any public office, and any person appointed to fill a vacancy in any such office.
(16) "Election" includes any primary, general, or special election for public office and any election in which a ballot proposition is submitted to the voters. An election in which the qualifications for voting include other than those requirements set forth in Article VI, section 1 (Amendment 63) of the Constitution of the state of Washington shall not be considered an election for purposes of this chapter.
(17) "Election campaign" means any campaign in support of or in opposition to a candidate for election to public office and any campaign in support of, or in opposition to, a ballot proposition.
(18) "Election cycle" means the period beginning on the first day of January after the date of the last previous general election for the office that the candidate seeks and ending on December 31st after the next election for the office. In the case of a special election to fill a vacancy in an office, "election cycle" means the period beginning on the day the vacancy occurs and ending on December 31st after the special election.
(19)(a) "Electioneering communication" means any broadcast, cable, or satellite television or radio transmission, United States postal service mailing, billboard, newspaper, or periodical that:
(i) Clearly identifies a candidate for a state, local, or judicial office either by specifically naming the candidate, or identifying the candidate without using the candidate's name;
(ii) Is broadcast, transmitted, mailed, erected, distributed, or otherwise published within sixty days before any election for that office in the jurisdiction in which the candidate is seeking election; and
(iii) Either alone, or in combination with one or more communications identifying the candidate by the same sponsor during the sixty days before an election, has a fair market value of one thousand dollars or more.
(b) "Electioneering communication" does not include:
(i) Usual and customary advertising of a business owned by a candidate, even if the candidate is mentioned in the advertising when the candidate has been regularly mentioned in that advertising appearing at least twelve months preceding his or her becoming a candidate;
(ii) Advertising for candidate debates or forums when the advertising is paid for by or on behalf of the debate or forum sponsor, so long as two or more candidates for the same position have been invited to participate in the debate or forum;
(iii) A news item, feature, commentary, or editorial in a regularly scheduled news medium that is:
(A) Of primary interest to the general public;
(B) In a news medium controlled by a person whose business is that news medium; and
(C) Not a medium controlled by a candidate or a political committee;
(iv) Slate cards and sample ballots;
(v) Advertising for books, films, dissertations, or similar works (A) written by a candidate when the candidate entered into a contract for such publications or media at least twelve months before becoming a candidate, or (B) written about a candidate;
(vi) Public service announcements;
(vii) A mailed internal political communication primarily limited to the members of or contributors to a political party organization or political committee, or to the officers, management staff, or stockholders of a corporation or similar enterprise, or to the members of a labor organization or other membership organization;
(viii) An expenditure by or contribution to the authorized committee of a candidate for state, local, or judicial office; or
(ix) Any other communication exempted by the commission through rule consistent with the intent of this chapter.
(20)
"Expenditure" includes a payment, contribution, subscription,
distribution, loan, advance, deposit, or gift of money or anything of value,
and includes a contract, promise, or agreement, whether or not legally
enforceable, to make an expenditure. "Expenditure" also includes a
promise to pay, a payment, or a transfer of anything of value in exchange for
goods, services, property, facilities, or anything of value for the purpose of
assisting, benefiting, or honoring any public official or candidate, or
assisting in furthering or opposing any election campaign. For the purposes of
this chapter, agreements to make expenditures, contracts, and promises to pay
may be reported as estimated obligations until actual payment is made.
"Expenditure" ((shall)) does not include the partial or
complete repayment by a candidate or political committee of the principal of a
loan, the receipt of which loan has been properly reported.
(21) "Final report" means the report described as a final report in RCW 42.17A.235(2).
(22) "General election" for the purposes of RCW 42.17A.405 means the election that results in the election of a person to a state or local office. It does not include a primary.
(23) "Gift" has the definition in RCW 42.52.010.
(24) "Immediate family" includes the spouse or domestic partner, dependent children, and other dependent relatives, if living in the household. For the purposes of the definition of "intermediary" in this section, "immediate family" means an individual's spouse or domestic partner, and child, stepchild, grandchild, parent, stepparent, grandparent, brother, half brother, sister, or half sister of the individual and the spouse or the domestic partner of any such person and a child, stepchild, grandchild, parent, stepparent, grandparent, brother, half brother, sister, or half sister of the individual's spouse or domestic partner and the spouse or the domestic partner of any such person.
(25)(a) "Incidental committee" means any nonprofit organization not otherwise defined as a political committee but that may incidentally make a contribution or an expenditure in support of, or opposition to, any candidate or any ballot proposition in Washington, directly or through a political committee.
(b) "Incidental committee" does not include any organization registered under section 527 of the internal revenue code of 1986 that files:
(i) Disclosure reports as a political committee with the public disclosure commission;
(ii) Disclosure reports with the federal elections commission at least as frequently as required for incidental committees under this chapter; or
(iii) Public filings with the internal revenue service at least as frequently as required for incidental committees under this chapter.
(26) "Incumbent" means a person who is in present possession of an elected office.
(((26))) (27)
"Independent expenditure" means an expenditure that has each of the
following elements:
(a) It is made in support of or in opposition to a candidate for office by a person who is not (i) a candidate for that office, (ii) an authorized committee of that candidate for that office, (iii) a person who has received the candidate's encouragement or approval to make the expenditure, if the expenditure pays in whole or in part for political advertising supporting that candidate or promoting the defeat of any other candidate or candidates for that office, or (iv) a person with whom the candidate has collaborated for the purpose of making the expenditure, if the expenditure pays in whole or in part for political advertising supporting that candidate or promoting the defeat of any other candidate or candidates for that office;
(b) The expenditure pays in whole or in part for political advertising that either specifically names the candidate supported or opposed, or clearly and beyond any doubt identifies the candidate without using the candidate's name; and
(c) The expenditure, alone or in conjunction with another expenditure or other expenditures of the same person in support of or opposition to that candidate, has a value of eight hundred dollars or more. A series of expenditures, each of which is under eight hundred dollars, constitutes one independent expenditure if their cumulative value is eight hundred dollars or more.
(((27)))(28)(a)
"Intermediary" means an individual who transmits a contribution to a
candidate or committee from another person unless the contribution is from the
individual's employer, immediate family, or an association to which the
individual belongs.
(b) A treasurer or a candidate is not an intermediary for purposes of the committee that the treasurer or candidate serves.
(c) A professional fund-raiser is not an intermediary if the fund-raiser is compensated for fund-raising services at the usual and customary rate.
(d) A volunteer hosting a fund-raising event at the individual's home is not an intermediary for purposes of that event.
(((28))) (29)
"Legislation" means bills, resolutions, motions, amendments,
nominations, and other matters pending or proposed in either house of the state
legislature, and includes any other matter that may be the subject of action by
either house or any committee of the legislature and all bills and resolutions
that, having passed both houses, are pending approval by the governor.
(((29))) (30)
"Legislative office" means the office of a member of the state house
of representatives or the office of a member of the state senate.
(((30))) (31)
"Lobby" and "lobbying" each mean attempting to influence
the passage or defeat of any legislation by the legislature of the state of
Washington, or the adoption or rejection of any rule, standard, rate, or other
legislative enactment of any state agency under the state administrative
procedure act, chapter 34.05 RCW. Neither "lobby" nor
"lobbying" includes an association's or other organization's act of
communicating with the members of that association or organization.
(((31))) (32)
"Lobbyist" includes any person who lobbies either in his or her own
or another's behalf.
(((32))) (33)
"Lobbyist's employer" means the person or persons by whom a lobbyist
is employed and all persons by whom he or she is compensated for acting as a
lobbyist.
(((33))) (34)
"Ministerial functions" means an act or duty carried out as part of
the duties of an administrative office without exercise of personal judgment or
discretion.
(((34))) (35)
"Participate" means that, with respect to a particular election, an
entity:
(a) Makes either a monetary or in-kind contribution to a candidate;
(b) Makes an independent expenditure or electioneering communication in support of or opposition to a candidate;
(c) Endorses a candidate before contributions are made by a subsidiary corporation or local unit with respect to that candidate or that candidate's opponent;
(d) Makes a recommendation regarding whether a candidate should be supported or opposed before a contribution is made by a subsidiary corporation or local unit with respect to that candidate or that candidate's opponent; or
(e) Directly or indirectly collaborates or consults with a subsidiary corporation or local unit on matters relating to the support of or opposition to a candidate, including, but not limited to, the amount of a contribution, when a contribution should be given, and what assistance, services or independent expenditures, or electioneering communications, if any, will be made or should be made in support of or opposition to a candidate.
(((35))) (36)
"Person" includes an individual, partnership, joint venture, public
or private corporation, association, federal, state, or local governmental
entity or agency however constituted, candidate, committee, political
committee, political party, executive committee thereof, or any other
organization or group of persons, however organized.
(((36))) (37)
"Political advertising" includes any advertising displays, newspaper
ads, billboards, signs, brochures, articles, tabloids, flyers, letters, radio
or television presentations, or other means of mass communication, used for the
purpose of appealing, directly or indirectly, for votes or for financial or
other support or opposition in any election campaign.
(((37))) (38)
"Political committee" means any person (except a candidate or an
individual dealing with his or her own funds or property), organized or
located inside or outside the state, having the expectation of receiving
contributions or making expenditures in support of, or opposition to, any
candidate or any ballot proposition in Washington.
(((38))) (39)
"Primary" for the purposes of RCW 42.17A.405 means the procedure for
nominating a candidate to state or local office under chapter 29A.52 RCW or any
other primary for an election that uses, in large measure, the procedures
established in chapter 29A.52 RCW.
(((39))) (40)
"Public office" means any federal, state, judicial, county, city,
town, school district, port district, special district, or other state
political subdivision elective office.
(((40))) (41)
"Public record" has the definition in RCW 42.56.010.
(((41))) (42)
"Recall campaign" means the period of time beginning on the date of
the filing of recall charges under RCW 29A.56.120 and ending thirty days after
the recall election.
(((42))) (43)(a)
"Sponsor" for purposes of an electioneering communications,
independent expenditures, or political advertising means the person paying for
the electioneering communication, independent expenditure, or political
advertising. If a person acts as an agent for another or is reimbursed by
another for the payment, the original source of the payment is the sponsor.
(b) "Sponsor," for purposes of a political committee, means any person, except an authorized committee, to whom any of the following applies:
(i) The committee receives eighty percent or more of its contributions either from the person or from the person's members, officers, employees, or shareholders;
(ii) The person collects contributions for the committee by use of payroll deductions or dues from its members, officers, or employees.
(((43))) (44)
"Sponsored committee" means a committee, other than an authorized
committee, that has one or more sponsors.
(((44))) (45)
"State office" means state legislative office or the office of
governor, lieutenant governor, secretary of state, attorney general,
commissioner of public lands, insurance commissioner, superintendent of public
instruction, state auditor, or state treasurer.
(((45))) (46)
"State official" means a person who holds a state office.
(((46))) (47)
"Surplus funds" mean, in the case of a political committee or
candidate, the balance of contributions that remain in the possession or
control of that committee or candidate subsequent to the election for which the
contributions were received, and that are in excess of the amount necessary to
pay remaining debts incurred by the committee or candidate with respect to that
election. In the case of a continuing political committee, "surplus
funds" mean those contributions remaining in the possession or control of
the committee that are in excess of the amount necessary to pay all remaining
debts when it makes its final report under RCW 42.17A.255.
(((47))) (48)
"Treasurer" and "deputy treasurer" mean the individuals
appointed by a candidate or political committee, pursuant to RCW 42.17A.210, to
perform the duties specified in that section.
NEW SECTION. Sec. 3. A new section is added to chapter 42.17A RCW to read as follows:
The commission shall provide a link on its web site to a searchable database on the web site of the federal election commission containing information on organizations under section 527 of the internal revenue code of 1986.
NEW SECTION. Sec. 4. A new section is added to chapter 42.17A RCW to read as follows:
(1)(a) An incidental committee must file a statement of organization with the commission within two weeks after the date the committee first:
(i) Has the expectation of making contributions or expenditures of at least twenty-five thousand dollars in a calendar year in any election campaign, or to a political committee; and
(ii) Must disclose a received contribution under RCW 42.17A.240(2)(d).
(b) If an incidental committee first meets the criteria requiring filing a statement of organization as specified in (a) of this subsection in the last three weeks before an election, then it must file the statement of organization within three business days.
(c) An incidental committee that does not make contributions or expenditures in the amounts specified in (a) of this subsection is not required to file a statement of organization with the commission.
(2) The statement of organization shall include but not be limited to:
(a) The name and address of the committee;
(b) The names and addresses of all related or affiliated political or incidental committees or other persons, and the nature of the relationship or affiliation;
(c) The names, addresses, and titles of its officers; or if it has no officers, the names, addresses, and titles of its responsible leaders and the name of the person designated as the treasurer of the incidental committee;
(d) The name, office sought, and party affiliation of each candidate whom the committee is supporting or opposing if the committee contributes directly to a candidate and, if donating to a political committee, the name and address of that political committee;
(e) The ballot proposition concerned, if any, and whether the committee is in favor of or opposed to such proposition; and
(f) Such other information as the commission may by rule prescribe, in keeping with the policies and purposes of this chapter.
(3) Any material change in information previously submitted in a statement of organization shall be reported to the commission within the ten days following the change.
Sec. 5. RCW 42.17A.235 and 2011 c 60 s 23 are each amended to read as follows:
(1) In addition to the information required under RCW 42.17A.205 and 42.17A.210, on the day the treasurer is designated, each candidate or political committee must file with the commission a report of all contributions received and expenditures made prior to that date, if any. In addition to the information required under RCW 42.17A.205 and 42.17A.210 on the day an incidental committee files a statement of organization with the commission, each incidental committee must file with the commission a report of any expenditures under RCW 42.17A.240(6), as well as the ten largest aggregate contributions received in the current calendar year from a single person of ten thousand dollars or greater, including any persons tied as the tenth largest source of contributions received, if any, and all aggregate contributions received in the current calendar year from a single person with a value of one hundred thousand dollars or greater.
(2) Each treasurer of a political committee, or incidental committee required to file a statement of organization under this chapter shall file with the commission a report containing the information required by RCW 42.17A.240 at the following intervals:
(a) On the twenty-first day and the seventh day immediately preceding the date on which the election is held;
(b) On the tenth day of the first month after the election; and
(c) On the tenth day of each month in which no other reports are required to be filed under this section:
(i) For a political committee, only if the committee has received a contribution or made an expenditure in the preceding calendar month and either the total contributions received or total expenditures made since the last such report exceed two hundred dollars; or
(ii) For an incidental committee, only if the committee has:
(A) Received a contribution that would change the information required under RCW 42.17A.240(2)(d) as included in its last report; or
(B) Made any expenditure reportable under RCW 42.17A.240(6) since its last report, and the total expenditures made since the last report exceed two hundred dollars.
The report filed twenty-one days before the election shall report all contributions received and expenditures made as of the end of one business day before the date of the report. The report filed seven days before the election shall report all contributions received and expenditures made as of the end of one business day before the date of the report. Reports filed on the tenth day of the month shall report all contributions received and expenditures made from the closing date of the last report filed through the last day of the month preceding the date of the current report.
(3) For the period beginning the first day of the fourth month preceding the date of the special election, or for the period beginning the first day of the fifth month before the date of the general election, and ending on the date of that special or general election, each Monday the treasurer of a political committee shall file with the commission a report of each bank deposit made during the previous seven calendar days. The report shall contain the name of each person contributing the funds and the amount contributed by each person. However, persons who contribute no more than twenty-five dollars in the aggregate are not required to be identified in the report. A copy of the report shall be retained by the treasurer for his or her records. In the event of deposits made by a deputy treasurer, the copy shall be forwarded to the treasurer for his or her records. Each report shall be certified as correct by the treasurer or deputy treasurer making the deposit.
(4) The treasurer or candidate of a political committee shall maintain books of account accurately reflecting all contributions and expenditures on a current basis within five business days of receipt or expenditure. During the eight days immediately preceding the date of the election the books of account shall be kept current within one business day. As specified in the committee's statement of organization filed under RCW 42.17A.205, the books of account must be open for public inspection by appointment at the designated place for inspections between 8:00 a.m. and 8:00 p.m. on any day from the eighth day immediately before the election through the day immediately before the election, other than Saturday, Sunday, or a legal holiday. It is a violation of this chapter for a candidate or political committee to refuse to allow and keep an appointment for an inspection to be conducted during these authorized times and days. The appointment must be allowed at an authorized time and day for such inspections that is within twenty-four hours of the time and day that is requested for the inspection.
(5) Copies of all reports filed pursuant to this section shall be readily available for public inspection by appointment, pursuant to subsection (4) of this section, at the principal headquarters or, if there is no headquarters, at the address of the treasurer or such other place as may be authorized by the commission.
(6) The treasurer or candidate shall preserve books of account, bills, receipts, and all other financial records of the campaign or political committee for not less than five calendar years following the year during which the transaction occurred.
(7) All reports filed pursuant to subsection (1) or (2) of this section shall be certified as correct by the candidate and the treasurer.
(8) When there is no outstanding debt or obligation, the campaign fund is closed, and the campaign is concluded in all respects or in the case of a political committee, the committee has ceased to function and has dissolved, the treasurer shall file a final report. Upon submitting a final report, the duties of the treasurer shall cease and there is no obligation to make any further reports.
(9) By December 31, 2015, the commission shall adopt rules for the dissolution of incidental committees.
Sec. 6. RCW 42.17A.240 and 2010 c 204 s 409 are each amended to read as follows:
Each report required under RCW 42.17A.235 (1) and (2) must be certified as correct by the treasurer and the candidate and shall disclose the following:
(1) The funds on hand at the beginning of the period;
(2) The name and address of each person who has made one or more contributions during the period, together with the money value and date of each contribution and the aggregate value of all contributions received from each person during the campaign, or in the case of a continuing political committee, the current calendar year, with the following exceptions:
(a) Pledges in the aggregate of less than one hundred dollars from any one person need not be reported;
(b) Income that results from a fund-raising activity conducted in accordance with RCW 42.17A.230 may be reported as one lump sum, with the exception of that portion received from persons whose names and addresses are required to be included in the report required by RCW 42.17A.230;
(c) Contributions
of no more than twenty-five dollars in the aggregate from any one person during
the election campaign may be reported as one lump sum if the treasurer
maintains a separate and private list of the name, address, and amount of each
such contributor; ((and))
(d) Contributions received by an incidental committee from any one person need not be reported unless:
(i) The person is one of the committee's ten largest sources of contributions received, including any persons tied as the tenth largest source of contributions received, during the current calendar year, and the value of the aggregate contributions received from that person during the current calendar year is ten thousand dollars or greater; or
(ii) The person contributed a value of one hundred thousand dollars or more to the incidental committee during the current calendar year;
(e) The commission may suspend or modify reporting requirements for contributions received by an incidental committee in cases of manifestly unreasonable hardship under RCW 42.17A.120; and
(f) The money value of
contributions of postage ((shall be)) is the face value of the
postage;
(3) Each loan, promissory note, or security instrument to be used by or for the benefit of the candidate or political committee made by any person, including the names and addresses of the lender and each person liable directly, indirectly or contingently and the date and amount of each such loan, promissory note, or security instrument;
(4) All other contributions not otherwise listed or exempted;
(5) The name and address of each candidate or political committee to which any transfer of funds was made, including the amounts and dates of the transfers;
(6) The name and address of each person to whom an expenditure was made in the aggregate amount of more than fifty dollars during the period covered by this report, the amount, date, and purpose of each expenditure, and the total sum of all expenditures. An incidental committee only must report on such expenditures that were made in support of or in opposition to any election campaign or to a political committee;
(7) The name and address of each person directly compensated for soliciting or procuring signatures on an initiative or referendum petition, the amount of the compensation to each person, and the total expenditures made for this purpose. Such expenditures shall be reported under this subsection in addition to what is required to be reported under subsection (6) of this section;
(8) The name and address of any person and the amount owed for any debt, obligation, note, unpaid loan, or other liability in the amount of more than two hundred fifty dollars or in the amount of more than fifty dollars that has been outstanding for over thirty days;
(9) The surplus or deficit of contributions over expenditures;
(10) The disposition made in accordance with RCW 42.17A.430 of any surplus funds; and
(11) Any other information required by the commission by rule in conformance with the policies and purposes of this chapter.
Sec. 7. RCW 42.17A.250 and 2010 c 204 s 411 are each amended to read as follows:
(((1) An
out-of-state)) A political committee ((organized for the purpose
of supporting or opposing candidates or ballot propositions in another state
that is not otherwise required to report under RCW 42.17A.205 through
42.17A.240 shall report as required in this section when it makes an
expenditure supporting or opposing a Washington state candidate or political
committee. The committee shall file with the commission a statement disclosing:
(a) Its name and
address;
(b) The purposes of
the out-of-state committee;
(c) The names,
addresses, and titles of its officers or, if it has no officers, the names,
addresses, and the titles of its responsible leaders;
(d) The name,
office sought, and party affiliation of each candidate in the state of Washington
whom the out-of-state committee is supporting or opposing and, if the committee
is supporting or opposing the entire ticket of any party, the name of the
party;
(e) The ballot
proposition supported or opposed in the state of Washington, if any, and whether
the committee is in favor of or opposed to that proposition;
(f) The name and
address of each person residing in the state of Washington or corporation that
has a place of business in the state of Washington who has made one or more
contributions in the aggregate of more than twenty-five dollars to the
out-of-state committee during the current calendar year, together with the
money value and date of the contributions;
(g) The name, address,
and employer of each person or corporation residing outside the state of
Washington who has made one or more contributions in the aggregate of more than
two thousand five hundred fifty dollars to the out-of-state committee during
the current calendar year, together with the money value and date of the
contributions. Annually, the commission must modify the two thousand five
hundred fifty dollar limit in this subsection based on percentage change in the
implicit price deflator for personal consumption expenditures for the United
States as published for the most recent twelve-month period by the bureau of
economic analysis of the federal department of commerce;
(h) The name and
address of each person in the state of Washington to whom an expenditure was
made by the out-of-state committee with respect to a candidate or political
committee in the aggregate amount of more than fifty dollars, the amount, date,
and purpose of the expenditure, and the total sum of the expenditures; and
(i) Any other
information as the commission may prescribe by rule in keeping with the
policies and purposes of this chapter.
(2) Each statement
shall be filed no later than the tenth day of the month following any month in
which a contribution or other expenditure reportable under subsection (1) of
this section is made. An out-of-state committee incurring an obligation to file
additional statements in a calendar year may satisfy the obligation by timely
filing reports that supplement previously filed information)) or incidental
committee organized outside the state of Washington is subject to the same
requirements under this chapter as a political committee or incidental
committee organized in the state of Washington.
NEW SECTION. Sec. 8. This act may be known and cited as the dark money elimination act.
NEW SECTION. Sec. 9. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected."
Correct the title.
Signed by Representatives Hunt, S., Chair; Bergquist, Vice Chair; Holy, Ranking Minority Member; Appleton; Gregory and Hawkins.
MINORITY recommendation: Do not pass. Signed by Representative Van Werven, Assistant Ranking Minority Member.
Passed to Committee on Rules for second reading.
March 31, 2015
SB 5174 Prime Sponsor, Senator Bailey: Increasing the number of district court judges in Skagit county. Reported by Committee on General Government & Information Technology
MAJORITY recommendation: Do pass. Signed by Representatives Hudgins, Chair; Senn, Vice Chair; MacEwen, Ranking Minority Member; Caldier, Assistant Ranking Minority Member; McCabe; Morris and Takko.
Passed to Committee on Rules for second reading.
April 1, 2015
E2SSB 5177 Prime Sponsor, Committee on Ways & Means: Improving timeliness of competency evaluation and restoration services. Reported by Committee on Judiciary
MAJORITY recommendation: Do pass as amended.
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1. (1) The legislature finds that there are currently no alternatives to competency restoration provided in the state hospitals and there is insufficient capacity within the state hospitals to meet the projected service needs of the state. Subject to the availability of amounts appropriated for this specific purpose, the legislature encourages the department of social and health services to develop, on a phased-in basis, alternative locations and increased access to competency restoration services under chapter 10.77 RCW for individuals who do not require in-patient psychiatric hospitalization level services.
(2) The department shall work with counties and the courts to develop a screening process to determine which individuals are safe to receive competency restoration treatment outside the state hospitals. The department also must develop a plan to sufficiently increase capacity to meet the projected ten-year need for both forensic and civil mental health bed demand.
Sec. 2. RCW 10.77.084 and 2012 c 256 s 5 are each amended to read as follows:
(1)(a) If at any time during the pendency of an action and prior to judgment the court finds, following a report as provided in RCW 10.77.060, a defendant is incompetent to stand trial, the court shall order the proceedings against the defendant be stayed except as provided in subsection (4) of this section.
(b) The court
may order a defendant who has been found to be incompetent to stand trial to
undergo competency restoration treatment at a facility designated by the
department if the defendant is eligible under RCW 10.77.086 or 10.77.088.
At the end of ((the mental health treatment and)) each competency
restoration period((, if any,)) or at any time a professional person
determines competency has been, or is unlikely to be, restored, the facility
shall return the defendant ((shall be returned)) to court for a
hearing((.)), except that if the opinion of the professional person
is that the defendant remains incompetent and the hearing is held before the
expiration of the current competency restoration period, the parties may
agree to waive the defendant's presence ((or)), to remote
participation by the defendant at a hearing, or to presentation
of an agreed order ((if the recommendation of the evaluator is for the
continuation of the stay of criminal proceedings, or if the opinion of the
evaluator is that the defendant remains incompetent and there is no remaining
restoration period, and the hearing is held prior to expiration of the
defendant's authorized period of commitment, in which case)) in lieu of
a hearing. The ((department)) facility shall promptly notify
the court and all parties of the date ((of the defendant's admission
and expiration of commitment)) on which the competency restoration
period commences and expires so that a timely hearing date may be
scheduled.
(c) If, ((after))
following notice and hearing((,)) or entry of an agreed order
under (b) of this subsection, the court finds that competency has been
restored, the court shall lift the stay entered under (a) of this
subsection ((shall be lifted)). If the court finds that
competency has not been restored, the court shall dismiss the
proceedings ((shall be dismissed)) without prejudice((. If the court
concludes that competency has not been restored, but)), except that the
court may order a further period of competency restoration treatment if it
finds that further treatment within the time limits established by RCW 10.77.086
or 10.77.088 is likely to restore competency, ((the court may order that
treatment for purposes of competency restoration be continued. Such treatment
may not extend beyond the combination of time provided for in)) and a
further period of treatment is allowed under RCW 10.77.086 or 10.77.088.
(((c))) (d)
If at any time during the proceeding the court finds, following notice and
hearing, a defendant is not likely to regain competency, the court shall
dismiss the proceedings ((shall be dismissed)) without prejudice and
refer the defendant ((shall be evaluated)) for civil commitment evaluation
or proceedings if appropriate under RCW 10.77.065, 10.77.086, or
10.77.088.
(2) If the defendant is referred for evaluation by a designated mental health professional under this chapter, the designated mental health professional shall provide prompt written notification of the results of the evaluation and whether the person was detained. The notification shall be provided to the court in which the criminal action was pending, the prosecutor, the defense attorney in the criminal action, and the facility that evaluated the defendant for competency.
(3) The fact that the defendant is unfit to proceed does not preclude any pretrial proceedings which do not require the personal participation of the defendant.
(4) A defendant receiving medication for either physical or mental problems shall not be prohibited from standing trial, if the medication either enables the defendant to understand the proceedings against him or her and to assist in his or her own defense, or does not disable him or her from so understanding and assisting in his or her own defense.
(5) At or before the conclusion of any commitment period provided for by this section, the facility providing evaluation and treatment shall provide to the court a written report of evaluation which meets the requirements of RCW 10.77.060(3). For defendants charged with a felony, the report following the second competency restoration period or first competency restoration period if the defendant's incompetence is determined to be solely due to a developmental disability or the evaluator concludes that the defendant is not likely to regain competency must include an assessment of the defendant's future dangerousness which is evidence-based regarding predictive validity.
Sec. 3. RCW 10.77.086 and 2013 c 289 s 2 are each amended to read as follows:
(1)(a)(i) If
the defendant is charged with a felony and determined to be incompetent, until
he or she has regained the competency necessary to understand the proceedings
against him or her and assist in his or her own defense, ((or has been
determined unlikely to regain competency pursuant to RCW 10.77.084(1)(b),))
but in any event for a period of no longer than ninety days, the court:
(((i))) (A)
Shall commit the defendant to the custody of the secretary who shall place such
defendant in an appropriate facility of the department for evaluation and
treatment; or
(((ii))) (B)
May alternatively order the defendant to undergo evaluation and treatment at
some other facility as determined by the department, or under the guidance and
control of a professional person. The facilities may include community
mental health providers or other local facilities that contract with the
department and are willing and able to provide treatment under this section.
During the 2015-2017 fiscal biennium, the department may contract with one or
more cities or counties to provide competency restoration services in a city or
county jail if the city or county jail is willing and able to serve as a
location for competency restoration services and if the secretary determines
that there is an emergent need for beds and documents the justification,
including a plan to address the emergency. Patients receiving competency
restoration services in a city or county jail must be physically separated from
other populations at the jail, the model of restoration treatment services must
be substantially equivalent to that provided at the state hospitals, and
restoration treatment services must be provided as much as possible within a
therapeutic environment and performed by staff and professionals who have the skills
and qualifications necessary to provide restoration treatment services
comparable to those provided at a state hospital.
(ii) The ninety day period for evaluation and treatment under this subsection (1) includes only the time the defendant is actually at the facility and is in addition to reasonable time for transport to or from the facility.
(b) For a defendant whose highest charge is a class C felony, or a class B felony that is not classified as violent under RCW 9.94A.030, the maximum time allowed for the initial period of commitment for competency restoration is forty-five days. The forty-five day period includes only the time the defendant is actually at the facility and is in addition to reasonable time for transport to or from the facility.
(c) If the court determines that the defendant is unlikely to regain competency, the court may dismiss the charges without prejudice without ordering the defendant to undergo restoration treatment, in which case the court shall order that the defendant be referred for evaluation for civil commitment in the manner provided in subsection (4) of this section.
(2) On or before expiration of the initial period of commitment under subsection (1) of this section the court shall conduct a hearing, at which it shall determine whether or not the defendant is incompetent.
(3) If the court finds by a preponderance of the evidence that a defendant charged with a felony is incompetent, the court shall have the option of extending the order of commitment or alternative treatment for an additional period of ninety days, but the court must at the time of extension set a date for a prompt hearing to determine the defendant's competency before the expiration of the second restoration period. The defendant, the defendant's attorney, or the prosecutor has the right to demand that the hearing be before a jury. No extension shall be ordered for a second or third restoration period as provided in subsection (4) of this section if the defendant's incompetence has been determined by the secretary to be solely the result of a developmental disability which is such that competence is not reasonably likely to be regained during an extension. The ninety-day period includes only the time the defendant is actually at the facility and is in addition to reasonable time for transport to or from the facility.
(4) For persons
charged with a felony, at the hearing upon the expiration of the second
restoration period, or at the end of the first restoration period((,))
in the case of a defendant with a developmental disability, if the jury or
court finds that the defendant is incompetent, or if the court or jury at
any stage finds that the defendant is incompetent and the court determines that
the defendant is unlikely to regain competency, the charges shall be
dismissed without prejudice, and the court shall order the defendant be
committed to a state hospital as defined in RCW 72.23.010 for up to seventy-two
hours starting from admission to the facility, excluding Saturdays, Sundays,
and holidays, for evaluation for the purpose of filing a civil commitment
petition under chapter 71.05 RCW. The criminal charges shall not be dismissed
if the court or jury finds that: (a) The defendant (i) is a substantial danger
to other persons; or (ii) presents a substantial likelihood of committing
criminal acts jeopardizing public safety or security; and (b) there is a
substantial probability that the defendant will regain competency within a
reasonable period of time. In the event that the court or jury makes such a finding,
the court may extend the period of commitment for up to an additional six
months. The six-month period includes only the time the defendant is
actually at the facility and is in addition to reasonable time for transport to
or from the facility.
Sec. 4. RCW 10.77.088 and 2007 c 375 s 5 are each amended to read as follows:
(1)(a) If the
defendant is charged with a nonfelony crime which is a serious offense as
identified in RCW 10.77.092 and found by the court to be not competent, then
the court ((shall order the secretary to place the defendant)):
(i) ((At a
secure mental health facility in the custody of the department or an agency
designated by the department for mental health treatment and restoration of
competency.)) Shall commit the defendant to the custody of the secretary
who shall place such defendant in an appropriate facility of the department for
evaluation and treatment;
(ii) May alternatively order the defendant to undergo evaluation and treatment at some other facility as determined by the department, or under the guidance and control of a professional person. The facilities may include community mental health providers or other local facilities that contract with the department and are willing and able to provide treatment under this section. During the 2015-2017 fiscal biennium, the department may contract with one or more cities or counties to provide competency restoration services in a city or county jail if the city or county jail is willing and able to serve as a location for competency restoration services and if the secretary determines that there is an emergent need for beds and documents the justification, including a plan to address the emergency. Patients receiving competency restoration services in a city or county jail must be physically separated from other populations at the jail, the model of restoration treatment services must be substantially equivalent to that provided at the state hospitals, and restoration treatment services must be provided as much as possible within a therapeutic environment and performed by staff and professionals who have the skills and qualifications necessary to provide restoration treatment services comparable to those provided at a state hospital. The placement under (a)(i) and (ii) of this subsection shall not exceed fourteen days in addition to any unused time of the evaluation under RCW 10.77.060. The court shall compute this total period and include its computation in the order. The fourteen-day period plus any unused time of the evaluation under RCW 10.77.060 shall be considered to include only the time the defendant is actually at the facility and shall be in addition to reasonable time for transport to or from the facility;
(((ii))) (iii)
May alternatively order that the defendant be placed on conditional release
for up to ninety days for mental health treatment and restoration of
competency; or
(((iii))) (iv)
May order any combination of this subsection.
(b) If the court has determined that the defendant is unlikely to regain competency, the court may dismiss the charges without prejudice without ordering the defendant to undergo restoration treatment, in which case the court shall order that the defendant be referred for evaluation for civil commitment in the manner provided in (c) of this subsection.
(c)(i) If the proceedings are dismissed under RCW 10.77.084 and the defendant was on conditional release at the time of dismissal, the court shall order the designated mental health professional within that county to evaluate the defendant pursuant to chapter 71.05 RCW. The evaluation may be conducted in any location chosen by the professional.
(ii) If the defendant was in custody and not on conditional release at the time of dismissal, the defendant shall be detained and sent to an evaluation and treatment facility for up to seventy-two hours, excluding Saturdays, Sundays, and holidays, for evaluation for purposes of filing a petition under chapter 71.05 RCW. The seventy-two-hour period shall commence upon the next nonholiday weekday following the court order and shall run to the end of the last nonholiday weekday within the seventy-two-hour period.
(2) If the defendant is charged with a nonfelony crime that is not a serious offense as defined in RCW 10.77.092:
The court may stay or dismiss proceedings and detain the defendant for sufficient time to allow the designated mental health professional to evaluate the defendant and consider initial detention proceedings under chapter 71.05 RCW. The court must give notice to all parties at least twenty-four hours before the dismissal of any proceeding under this subsection, and provide an opportunity for a hearing on whether to dismiss the proceedings.
Sec. 5. RCW 10.77.073 and 2013 c 284 s 1 are each amended to read as follows:
(1) The
department shall reimburse a county for the cost of appointing a qualified
expert or professional person under RCW 10.77.060(1)(a) subject to subsections
(2) through (4) of this section if, at the time of a referral for an
evaluation of competency to stand trial in a jail for an in-custody defendant,
the department ((has not met)): (a) During the most recent quarter,
did not perform at least one-third of the number of jail-based competency
evaluations for in-custody defendants as were performed by qualified experts or
professional persons appointed by the court in the referring county; or (b) did
not meet the performance target for timely completion of competency
evaluations under RCW 10.77.068(1)(a)(((ii))) (iii) during the
most recent quarter in fifty percent of cases submitted by the referring
county, as documented in the most recent quarterly report under RCW
10.77.068(3) or confirmed by records maintained by the department((, the
department shall reimburse the county for the cost of appointing a qualified
expert or professional person under RCW 10.77.060(1)(a) subject to subsections
(2) and (3) of this section)).
(2) Appointment of a qualified expert or professional person under this section must be from a list of qualified experts or professional persons assembled with participation by representatives of the prosecuting attorney and the defense bar of the county. The qualified expert or professional person shall complete an evaluation and report that includes the components specified in RCW 10.77.060(3).
(3) The county shall provide a copy of the evaluation report to the applicable state hospital upon referral of the defendant for admission to the state hospital. The county shall:
(a) In consultation with the department, develop and maintain critical data elements, including data on the timeliness of competency evaluations completed under this section; and
(b) Share this data with the department upon the department's request.
(4) A qualified expert or professional person appointed by a court under this section must be compensated for competency evaluations in an amount that will encourage in-depth evaluation reports. Subject to the availability of amounts appropriated for this specific purpose, the department shall reimburse the county in an amount determined by the department to be fair and reasonable with the county paying any excess costs. The amount of reimbursement established by the department must at least meet the equivalent amount for evaluations conducted by the department.
(((4) [(5)]))
(5) Nothing in this section precludes either party from objecting to the
appointment of an evaluator on the basis that an inpatient evaluation is
appropriate under RCW 10.77.060(1)(d).
(((5) [(6)]))
(6) This section expires June 30, ((2016)) 2018.
Sec. 6. RCW 10.77.091 and 2010 c 263 s 2 are each amended to read as follows:
(1) If the secretary determines in writing that a person committed to the custody of the secretary for treatment as criminally insane presents an unreasonable safety risk which, based on behavior, clinical history, and facility security is not manageable in a state hospital setting, and the secretary has given consideration to reasonable alternatives that would be effective to manage the behavior, the secretary may place the person in any secure facility operated by the secretary or the secretary of the department of corrections. The secretary's written decision and reasoning must be documented in the patient's medical file. Any person affected by this provision shall receive appropriate mental health treatment governed by a formalized treatment plan targeted at mental health rehabilitation needs and shall be afforded his or her rights under RCW 10.77.140, 10.77.150, and 10.77.200. The secretary of the department of social and health services shall retain legal custody of any person placed under this section and review any placement outside of a department mental health hospital every three months, or sooner if warranted by the person's mental health status, to determine if the placement remains appropriate.
(2) Beginning December 1, 2010, and every six months thereafter, the secretary shall report to the governor and the appropriate committees of the legislature regarding the use of the authority under this section to transfer persons to a secure facility. The report shall include information related to the number of persons who have been placed in a secure facility operated by the secretary or the secretary of the department of corrections, and the length of time that each such person has been in the secure facility.
(((3) This
section expires June 30, 2015.))
Sec. 7. RCW 10.77.220 and 1982 c 112 s 3 are each amended to read as follows:
No person who is
criminally insane confined pursuant to this chapter shall be incarcerated
in a state correctional institution or facility((: PROVIDED, That nothing
herein shall prohibit)). This section does not apply to confinement
in a mental health facility located wholly within a correctional institution.
Confinement of a person who is criminally insane in a county jail or
other local facility while awaiting either placement in a treatment program or
a court hearing pursuant to this chapter is permitted for no more than seven
days.
NEW SECTION. Sec. 8. A new section is added to chapter 10.77 RCW to read as follows:
(1) If the defendant is charged with a nonfelony offense, and the issue of competency to stand trial is raised by the court or a party under RCW 10.77.060, the prosecutor may continue with the competency process or dismiss the charges without prejudice and refer the defendant for assessment by a mental health professional, chemical dependency professional, or developmental disabilities professional to determine the appropriate service needs for the defendant.
(2) This section does not apply to defendants with a current charge or prior conviction for a serious violent offense or sex offense as defined in RCW 9.94A.030.
NEW SECTION. Sec. 9. A new section is added to chapter 10.77 RCW to read as follows:
(1) In order to prioritize goals of accuracy, prompt service to the court, quality assurance, and integration with other services, an office of forensic mental health services is established within the department of social and health services. The office shall be led by a director on at least the level of deputy assistant secretary within the department who shall, after a reasonable period of transition, have responsibility for the following functions:
(a) Operational control of all forensic evaluation services, including specific budget allocation;
(b) Responsibility for training forensic evaluators;
(c) Development of a system to certify forensic evaluators, and to monitor the quality of forensic evaluation reports;
(d) Liaison with courts, jails, and community mental health programs to ensure proper flow of information, coordinate logistical issues, and solve problems in complex circumstances;
(e) Coordination with state hospitals to identify and develop best practice interventions and curricula for services that are unique to forensic patients;
(f) Promotion of congruence across state hospitals where appropriate, and promotion of interventions that flow smoothly into community interventions;
(g) Coordination with regional support networks, behavioral health organizations, community mental health agencies, and the department of corrections regarding community treatment and monitoring of persons on conditional release;
(h) Oversight of forensic data collection and analysis statewide, and appropriate dissemination of data trends and recommendations; and
(i) Oversight of the development, implementation, and maintenance of community forensic programs and services.
(2) The office of forensic mental health services must have a clearly delineated budget separate from the overall budget for state hospital services.
Sec. 10. RCW 71.05.235 and 2008 c 213 s 5 are each amended to read as follows:
(1) If an
individual is referred to a designated mental health professional under RCW
10.77.088(1)(((b))) (c)(i), the designated mental health
professional shall examine the individual within forty-eight hours. If the
designated mental health professional determines it is not appropriate to
detain the individual or petition for a ninety-day less restrictive alternative
under RCW 71.05.230(4), that decision shall be immediately presented to the
superior court for hearing. The court shall hold a hearing to consider the
decision of the designated mental health professional not later than the next
judicial day. At the hearing the superior court shall review the determination
of the designated mental health professional and determine whether an order
should be entered requiring the person to be evaluated at an evaluation and
treatment facility. No person referred to an evaluation and treatment facility
may be held at the facility longer than seventy-two hours.
(2) If an
individual is placed in an evaluation and treatment facility under RCW
10.77.088(1)(((b))) (c)(ii), a professional person shall evaluate
the individual for purposes of determining whether to file a ninety-day
inpatient or outpatient petition under chapter 71.05 RCW. Before expiration of
the seventy-two hour evaluation period authorized under RCW 10.77.088(1)(((b)))
(c)(ii), the professional person shall file a petition or, if the
recommendation of the professional person is to release the individual, present
his or her recommendation to the superior court of the county in which the
criminal charge was dismissed. The superior court shall review the
recommendation not later than forty-eight hours, excluding Saturdays, Sundays,
and holidays, after the recommendation is presented. If the court rejects the
recommendation to unconditionally release the individual, the court may order
the individual detained at a designated evaluation and treatment facility for
not more than a seventy-two hour evaluation and treatment period and direct the
individual to appear at a surety hearing before that court within seventy-two
hours, or the court may release the individual but direct the individual to
appear at a surety hearing set before that court within eleven days, at which
time the prosecutor may file a petition under this chapter for ninety-day
inpatient or outpatient treatment. If a petition is filed by the prosecutor,
the court may order that the person named in the petition be detained at the
evaluation and treatment facility that performed the evaluation under this
subsection or order the respondent to be in outpatient treatment. If a petition
is filed but the individual fails to appear in court for the surety hearing,
the court shall order that a mental health professional or peace officer shall
take such person or cause such person to be taken into custody and placed in an
evaluation and treatment facility to be brought before the court the next
judicial day after detention. Upon the individual's first appearance in court
after a petition has been filed, proceedings under RCW 71.05.310 and 71.05.320
shall commence. For an individual subject to this subsection, the prosecutor or
professional person may directly file a petition for ninety-day inpatient or
outpatient treatment and no petition for initial detention or fourteen-day
detention is required before such a petition may be filed.
The court shall conduct the hearing on the petition filed under this subsection within five judicial days of the date the petition is filed. The court may continue the hearing upon the written request of the person named in the petition or the person's attorney, for good cause shown, which continuance shall not exceed five additional judicial days. If the person named in the petition requests a jury trial, the trial shall commence within ten judicial days of the date of the filing of the petition. The burden of proof shall be by clear, cogent, and convincing evidence and shall be upon the petitioner. The person shall be present at such proceeding, which shall in all respects accord with the constitutional guarantees of due process of law and the rules of evidence pursuant to RCW 71.05.360 (8) and (9).
During the proceeding the person named in the petition shall continue to be detained and treated until released by order of the court. If no order has been made within thirty days after the filing of the petition, not including any extensions of time requested by the detained person or his or her attorney, the detained person shall be released.
(3) If a designated mental health professional or the professional person and prosecuting attorney for the county in which the criminal charge was dismissed or attorney general, as appropriate, stipulate that the individual does not present a likelihood of serious harm or is not gravely disabled, the hearing under this section is not required and the individual, if in custody, shall be released.
(4) The individual shall have the rights specified in RCW 71.05.360 (8) and (9).
Sec. 11. RCW 10.77.065 and 2014 c 10 s 3 are each amended to read as follows:
(1)(a)(i) The expert conducting the evaluation shall provide his or her report and recommendation to the court in which the criminal proceeding is pending. For a competency evaluation of a defendant who is released from custody, if the evaluation cannot be completed within twenty‑one days due to a lack of cooperation by the defendant, the evaluator shall notify the court that he or she is unable to complete the evaluation because of such lack of cooperation.
(ii) A copy of the report and recommendation shall be provided to the designated mental health professional, the prosecuting attorney, the defense attorney, and the professional person at the local correctional facility where the defendant is being held, or if there is no professional person, to the person designated under (a)(iv) of this subsection. Upon request, the evaluator shall also provide copies of any source documents relevant to the evaluation to the designated mental health professional.
(iii) Any facility providing inpatient services related to competency shall discharge the defendant as soon as the facility determines that the defendant is competent to stand trial. Discharge shall not be postponed during the writing and distribution of the evaluation report. Distribution of an evaluation report by a facility providing inpatient services shall ordinarily be accomplished within two working days or less following the final evaluation of the defendant. If the defendant is discharged to the custody of a local correctional facility, the local correctional facility must continue the medication regimen prescribed by the facility, when clinically appropriate, unless the defendant refuses to cooperate with medication and an involuntary medication order by the court has not been entered.
(iv) If there is no professional person at the local correctional facility, the local correctional facility shall designate a professional person as defined in RCW 71.05.020 or, in cooperation with the regional support network, a professional person at the regional support network to receive the report and recommendation.
(v) Upon commencement of a defendant's evaluation in the local correctional facility, the local correctional facility must notify the evaluator of the name of the professional person, or person designated under (a)(iv) of this subsection, to receive the report and recommendation.
(b) If the evaluator concludes, under RCW 10.77.060(3)(f), the person should be evaluated by a designated mental health professional under chapter 71.05 RCW, the court shall order such evaluation be conducted prior to release from confinement when the person is acquitted or convicted and sentenced to confinement for twenty-four months or less, or when charges are dismissed pursuant to a finding of incompetent to stand trial.
(2) The designated mental health professional shall provide written notification within twenty-four hours of the results of the determination whether to commence proceedings under chapter 71.05 RCW. The notification shall be provided to the persons identified in subsection (1)(a) of this section.
(3) The prosecuting attorney shall provide a copy of the results of any proceedings commenced by the designated mental health professional under subsection (2) of this section to the secretary.
(4) A facility
conducting a civil commitment evaluation under RCW 10.77.086(4) or
10.77.088(1)(((b))) (c)(ii) that makes a determination to release
the person instead of filing a civil commitment petition must provide written
notice to the prosecutor and defense attorney at least twenty-four hours prior
to release. The notice may be given by electronic mail, facsimile, or other
means reasonably likely to communicate the information immediately.
(5) The fact of admission and all information and records compiled, obtained, or maintained in the course of providing services under this chapter may also be disclosed to the courts solely to prevent the entry of any evaluation or treatment order that is inconsistent with any order entered under chapter 71.05 RCW.
Sec. 12. RCW 10.77.065 and 2014 c 225 s 59 and 2014 c 10 s 3 are each reenacted and amended to read as follows:
(1)(a)(i) The expert conducting the evaluation shall provide his or her report and recommendation to the court in which the criminal proceeding is pending. For a competency evaluation of a defendant who is released from custody, if the evaluation cannot be completed within twenty‑one days due to a lack of cooperation by the defendant, the evaluator shall notify the court that he or she is unable to complete the evaluation because of such lack of cooperation.
(ii) A copy of the report and recommendation shall be provided to the designated mental health professional, the prosecuting attorney, the defense attorney, and the professional person at the local correctional facility where the defendant is being held, or if there is no professional person, to the person designated under (a)(iv) of this subsection. Upon request, the evaluator shall also provide copies of any source documents relevant to the evaluation to the designated mental health professional.
(iii) Any facility providing inpatient services related to competency shall discharge the defendant as soon as the facility determines that the defendant is competent to stand trial. Discharge shall not be postponed during the writing and distribution of the evaluation report. Distribution of an evaluation report by a facility providing inpatient services shall ordinarily be accomplished within two working days or less following the final evaluation of the defendant. If the defendant is discharged to the custody of a local correctional facility, the local correctional facility must continue the medication regimen prescribed by the facility, when clinically appropriate, unless the defendant refuses to cooperate with medication and an involuntary medication order by the court has not been entered.
(iv) If there is no professional person at the local correctional facility, the local correctional facility shall designate a professional person as defined in RCW 71.05.020 or, in cooperation with the behavioral health organization, a professional person at the behavioral health organization to receive the report and recommendation.
(v) Upon commencement of a defendant's evaluation in the local correctional facility, the local correctional facility must notify the evaluator of the name of the professional person, or person designated under (a)(iv) of this subsection, to receive the report and recommendation.
(b) If the evaluator concludes, under RCW 10.77.060(3)(f), the person should be evaluated by a designated mental health professional under chapter 71.05 RCW, the court shall order such evaluation be conducted prior to release from confinement when the person is acquitted or convicted and sentenced to confinement for twenty-four months or less, or when charges are dismissed pursuant to a finding of incompetent to stand trial.
(2) The designated mental health professional shall provide written notification within twenty-four hours of the results of the determination whether to commence proceedings under chapter 71.05 RCW. The notification shall be provided to the persons identified in subsection (1)(a) of this section.
(3) The prosecuting attorney shall provide a copy of the results of any proceedings commenced by the designated mental health professional under subsection (2) of this section to the secretary.
(4) A facility
conducting a civil commitment evaluation under RCW 10.77.086(4) or
10.77.088(1)(((b))) (c)(ii) that makes a determination to release
the person instead of filing a civil commitment petition must provide written
notice to the prosecutor and defense attorney at least twenty-four hours prior
to release. The notice may be given by electronic mail, facsimile, or other
means reasonably likely to communicate the information immediately.
(5) The fact of admission and all information and records compiled, obtained, or maintained in the course of providing services under this chapter may also be disclosed to the courts solely to prevent the entry of any evaluation or treatment order that is inconsistent with any order entered under chapter 71.05 RCW.
NEW SECTION. Sec. 13. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.
NEW SECTION. Sec. 14. Section 11 of this act expires April 1, 2016.
NEW SECTION. Sec. 15. Section 12 of this act takes effect April 1, 2016.
NEW SECTION. Sec. 16. Section 5 of this act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately."
Correct the title.
Signed by Representatives Jinkins, Chair; Kilduff, Vice Chair; Rodne, Ranking Minority Member; Goodman; Haler; Hansen; Kirby; Klippert; Muri; Orwall; Stokesbary and Walkinshaw.
MINORITY recommendation: Do not pass. Signed by Representative Shea, Assistant Ranking Minority Member.
Referred to Committee on Appropriations.
March 25, 2015
SB 5210 Prime Sponsor, Senator Bailey: Authorizing an optional life annuity benefit for members of the Washington state patrol retirement system. Reported by Committee on Appropriations
MAJORITY recommendation: Do pass. Signed by Representatives Hunter, Chair; Ormsby, Vice Chair; Chandler, Ranking Minority Member; Parker, Assistant Ranking Minority Member; Wilcox, Assistant Ranking Minority Member; Buys; Carlyle; Cody; Condotta; Dent; Dunshee; Fagan; Haler; Hansen; Hudgins; Hunt, G.; Jinkins; Kagi; Lytton; MacEwen; Magendanz; Pettigrew; Sawyer; Schmick; Senn; Springer; Stokesbary; Sullivan; Taylor; Tharinger; Van Werven and Walkinshaw.
Passed to Committee on Rules for second reading.
April 1, 2015
SB 5233 Prime Sponsor, Senator Sheldon: Concerning notice against trespass. Reported by Committee on Judiciary
MAJORITY recommendation: Do pass as amended.
Strike everything after the enacting clause and insert the following:
"Sec. 1. RCW 9A.52.010 and 2011 c 336 s 369 are each reenacted and amended to read as follows:
The following definitions apply in this chapter:
(1) "Access" means to approach, instruct, communicate with, store data in, retrieve data from, or otherwise make use of any resources of a computer, directly or by electronic means.
(2) "Computer program" means an ordered set of data representing coded instructions or statements that when executed by a computer cause the computer to process data.
(3) "Data" means a representation of information, knowledge, facts, concepts, or instructions that are being prepared or have been prepared in a formalized manner and are intended for use in a computer.
(4) "Enter." The word "enter" when constituting an element or part of a crime, shall include the entrance of the person, or the insertion of any part of his or her body, or any instrument or weapon held in his or her hand and used or intended to be used to threaten or intimidate a person or to detach or remove property.
(5) "Enters or remains unlawfully." A person "enters or remains unlawfully" in or upon premises when he or she is not then licensed, invited, or otherwise privileged to so enter or remain.
A license or privilege to enter or remain in a building which is only partly open to the public is not a license or privilege to enter or remain in that part of a building which is not open to the public. A person who enters or remains upon unimproved and apparently unused land, which is neither fenced, gated, nor otherwise enclosed in a manner designed to exclude intruders, does so with license and privilege unless notice against trespass is personally communicated to him or her by the owner of the land or some other authorized person, or unless notice is given by posting in a conspicuous manner. Land that is used for commercial aquaculture or for growing an agricultural crop or crops, other than timber, is not unimproved and apparently unused land if a crop or any other sign of cultivation is clearly visible or if notice is given by posting in a conspicuous manner. Similarly, a field fenced in any manner is not unimproved and apparently unused land. A license or privilege to enter or remain on improved and apparently used land that is open to the public at particular times, which is neither fenced nor otherwise enclosed in a manner to exclude intruders, is not a license or privilege to enter or remain on the land at other times if notice of prohibited times of entry is posted in a conspicuous manner.
(6) "Posting in a conspicuous manner" may include: Posting a sign or signs reasonably likely to come to the attention of intruders, indicating that entry is restricted; if the property is located outside of urban growth areas and incorporated cities or towns, the placement of identifying fluorescent orange paint marks on trees or posts on property; or a combination of signs and identifying fluorescent orange paint marks.
(a) Identifying fluorescent orange paint marks must be:
(i) Vertical lines approximately twelve inches in length and not less than one inch in width;
(ii) Placed so that the bottom of the mark is between three and five feet from the ground; and
(iii) Placed at locations that are readily visible to any person approaching the property and no more than one hundred feet apart on forest land, as defined in RCW 76.09.020, or one thousand feet apart on land other than forest land.
(b) Identifying fluorescent orange paint marks alone may not be used for posting in a conspicuous manner on a road or driveway approved by the owner for motorized access where vehicles can enter the property.
(7) "Premises" includes any building, dwelling, structure used for commercial aquaculture, or any real property.
NEW SECTION. Sec. 2. The department of fish and wildlife, the department of natural resources, and the state parks and recreation commission are encouraged to use their web sites and appropriate publications to inform the public that as of July 1, 2016, vertical orange marks on trees or posts may indicate a private boundary line and that crossing that line without first securing the owner's permission could constitute trespassing.
NEW SECTION. Sec. 3. Section 1 of this act takes effect July 1, 2016."
Correct the title.
Signed by Representatives Jinkins, Chair; Kilduff, Vice Chair; Rodne, Ranking Minority Member; Shea, Assistant Ranking Minority Member; Goodman; Haler; Hansen; Kirby; Klippert; Muri; Orwall; Stokesbary and Walkinshaw.
Passed to Committee on Rules for second reading.
March 31, 2015
ESB 5251 Prime Sponsor, Senator Honeyford: Transferring public water system financial assistance activities from the public works board and the department of commerce to the department of health. Reported by Committee on General Government & Information Technology
MAJORITY recommendation: Do pass. Signed by Representatives Hudgins, Chair; Senn, Vice Chair; MacEwen, Ranking Minority Member; Caldier, Assistant Ranking Minority Member; McCabe; Morris and Takko.
Referred to Committee on Capital Budget.
April 1, 2015
ESB 5262 Prime Sponsor, Senator O'Ban: Releasing juvenile case records to the Washington state office of civil legal aid. Reported by Committee on Judiciary
MAJORITY recommendation: Do pass as amended.
Strike everything after the enacting clause and insert the following:
"Sec. 1. RCW 13.50.010 and 2014 c 175 s 2 and 2014 c 117 s 5 are each reenacted and amended to read as follows:
(1) For purposes of this chapter:
(a) "Juvenile justice or care agency" means any of the following: Police, diversion units, court, prosecuting attorney, defense attorney, detention center, attorney general, the legislative children's oversight committee, the office of the family and children's ombuds, the department of social and health services and its contracting agencies, schools; persons or public or private agencies having children committed to their custody; and any placement oversight committee created under RCW 72.05.415;
(b) "Official juvenile court file" means the legal file of the juvenile court containing the petition or information, motions, memorandums, briefs, findings of the court, and court orders;
(c) "Records" means the official juvenile court file, the social file, and records of any other juvenile justice or care agency in the case;
(d) "Social file" means the juvenile court file containing the records and reports of the probation counselor.
(2) Each petition or information filed with the court may include only one juvenile and each petition or information shall be filed under a separate docket number. The social file shall be filed separately from the official juvenile court file.
(3) It is the duty of any juvenile justice or care agency to maintain accurate records. To this end:
(a) The agency may never knowingly record inaccurate information. Any information in records maintained by the department of social and health services relating to a petition filed pursuant to chapter 13.34 RCW that is found by the court to be false or inaccurate shall be corrected or expunged from such records by the agency;
(b) An agency shall take reasonable steps to assure the security of its records and prevent tampering with them; and
(c) An agency shall make reasonable efforts to insure the completeness of its records, including action taken by other agencies with respect to matters in its files.
(4) Each juvenile justice or care agency shall implement procedures consistent with the provisions of this chapter to facilitate inquiries concerning records.
(5) Any person who has reasonable cause to believe information concerning that person is included in the records of a juvenile justice or care agency and who has been denied access to those records by the agency may make a motion to the court for an order authorizing that person to inspect the juvenile justice or care agency record concerning that person. The court shall grant the motion to examine records unless it finds that in the interests of justice or in the best interests of the juvenile the records or parts of them should remain confidential.
(6) A juvenile, or his or her parents, or any person who has reasonable cause to believe information concerning that person is included in the records of a juvenile justice or care agency may make a motion to the court challenging the accuracy of any information concerning the moving party in the record or challenging the continued possession of the record by the agency. If the court grants the motion, it shall order the record or information to be corrected or destroyed.
(7) The person making a motion under subsection (5) or (6) of this section shall give reasonable notice of the motion to all parties to the original action and to any agency whose records will be affected by the motion.
(8) The court may permit inspection of records by, or release of information to, any clinic, hospital, or agency which has the subject person under care or treatment. The court may also permit inspection by or release to individuals or agencies, including juvenile justice advisory committees of county law and justice councils, engaged in legitimate research for educational, scientific, or public purposes. Each person granted permission to inspect juvenile justice or care agency records for research purposes shall present a notarized statement to the court stating that the names of juveniles and parents will remain confidential.
(9) The court shall release to the caseload forecast council the records needed for its research and data-gathering functions. Access to caseload forecast data may be permitted by the council for research purposes only if the anonymity of all persons mentioned in the records or information will be preserved.
(10) Juvenile detention facilities shall release records to the caseload forecast council upon request. The commission shall not disclose the names of any juveniles or parents mentioned in the records without the named individual's written permission.
(11) Requirements in this chapter relating to the court's authority to compel disclosure shall not apply to the legislative children's oversight committee or the office of the family and children's ombuds.
(12) For the purpose of research only, the administrative office of the courts shall maintain an electronic research copy of all records in the judicial information system related to juveniles. Access to the research copy is restricted to the Washington state center for court research. The Washington state center for court research shall maintain the confidentiality of all confidential records and shall preserve the anonymity of all persons identified in the research copy. The research copy may not be subject to any records retention schedule and must include records destroyed or removed from the judicial information system pursuant to RCW 13.50.270 and 13.50.100(3).
(13) The court shall release to the Washington state office of public defense records needed to implement the agency's oversight, technical assistance, and other functions as required by RCW 2.70.020. Access to the records used as a basis for oversight, technical assistance, or other agency functions is restricted to the Washington state office of public defense. The Washington state office of public defense shall maintain the confidentiality of all confidential information included in the records.
(14) The court shall release to the Washington state office of civil legal aid records needed to implement the agency's oversight, technical assistance, and other functions as required by RCW 2.53.045. Access to the records used as a basis for oversight, technical assistance, or other agency functions is restricted to the Washington state office of civil legal aid. The Washington state office of civil legal aid shall maintain the confidentiality of all confidential information included in the records, and shall, as soon as possible, destroy any retained notes or records obtained under this section that are not necessary for its functions related to RCW 2.53.045."
Correct the title.
Signed by Representatives Jinkins, Chair; Kilduff, Vice Chair; Rodne, Ranking Minority Member; Shea, Assistant Ranking Minority Member; Goodman; Haler; Hansen; Kirby; Klippert; Muri; Orwall; Stokesbary and Walkinshaw.
Passed to Committee on Rules for second reading.
April 1, 2015
ESSB 5267 Prime Sponsor, Committee on Government Operations & Security: Ordering development of processes to allow prerecorded video testimony and written testimony on pending legislation. Reported by Committee on State Government
MAJORITY recommendation: Do pass as amended.
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1. The legislature has a longstanding commitment to civic engagement and public participation in the legislative process and honors its commitment in numerous ways. To provide information about the legislative process and pending legislation, the legislature supports a robust web site and operates a vital information center. To facilitate communication between the public and legislators, the legislature offers a toll-free hotline and an e-comment system that allow the public to provide written statements and other commentary on pending legislation.
The legislature intends to further its commitment through continued development of the e-comment system, such as modifications that allow the public to provide commentary on pending legislation through prerecorded videos.
NEW SECTION. Sec. 2. A new section is added to chapter 44.68 RCW to read as follows:
The legislature and legislative agencies through the joint legislative systems committee shall modify the e-comment system to allow the public to provide commentary on pending legislation through prerecorded videos and written statements. The systems committee may set up parameters for submission of prerecorded videos and written statements by the public. The house of representatives and the senate may establish procedures for timely distribution of prerecorded videos and written statements to legislators, as well as restrictions on distribution of prerecorded videos and written statements containing inappropriate content.
NEW SECTION. Sec. 3. This act may be known and cited as the "accessible legislative commentary act.""
Correct the title.
Signed by Representatives Hunt, S., Chair; Bergquist, Vice Chair; Holy, Ranking Minority Member; Van Werven, Assistant Ranking Minority Member; Appleton; Gregory and Hawkins.
Passed to Committee on Rules for second reading.
March 31, 2015
SB 5288 Prime Sponsor, Senator Braun: Concerning expiration dates related to real estate broker provisions. Reported by Committee on General Government & Information Technology
MAJORITY recommendation: Do pass as amended.
Strike everything after the enacting clause and insert the following:
"Sec. 1. RCW 18.85.451 and 2010 c 156 s 1 are each amended to read as follows:
(1) A fee of ten
dollars is created and shall be assessed on each real estate broker and
managing broker's ((originally licensed after October 1, 1999,)) original
license and upon each renewal of a license with an expiration date after
October 1, 1999, including renewals of inactive licenses.
(2) The department must increase the fee on January 1, 2016, and every four years thereafter, by the amount of inflation in the previous four-year period as measured by the percentage change in the implicit price deflator published by the United States department of commerce. The fee must be rounded to the nearest quarter of a dollar.
(3) This section
expires September 30, ((2015)) 2025.
Sec. 2. RCW 18.85.461 and 2010 c 156 s 2 are each amended to read as follows:
(1) The Washington real estate research account is created in the state treasury. All receipts from the fee under RCW 18.85.451 shall be deposited into the account. Moneys in the account may be spent only after appropriation. Expenditures from the account may be used only for the purposes of RCW 18.85.471.
(2) This section
expires September 30, ((2015)) 2025.
Sec. 3. RCW 18.85.471 and 2010 c 156 s 3 are each amended to read as follows:
(1) The purpose of a real estate research center in Washington state is to provide credible research, value-added information, education services, and project-oriented research to real estate licensees, real estate consumers, real estate service providers, institutional customers, public agencies, and communities in Washington state and the Pacific Northwest region. The center may:
(a) Conduct studies and research on affordable housing and strategies to meet the affordable housing needs of the state;
(b) Conduct studies in all areas directly or indirectly related to real estate and urban or rural economics and economically isolated communities;
(c) Disseminate findings and results of real estate research conducted at or by the center or elsewhere, using a variety of dissemination media;
(d) Supply research results and educational expertise to the Washington state real estate commission to support its regulatory functions, as requested;
(e) Prepare information of interest to real estate consumers and make the information available to the general public, universities, or colleges, and appropriate state agencies;
(f) Encourage economic growth and development within the state of Washington;
(g) Support the professional development and continuing education of real estate licensees in Washington;
(h) Study and recommend changes in state statutes relating to real estate; and
(i) Develop a vacancy rate standard for low-income housing in the state.
(2) The director shall establish a memorandum of understanding with an institution of higher learning that establishes a real estate research center for the purposes under subsection (1) of this section.
(3) This section
expires September 30, ((2015)) 2025."
Correct the title.
Signed by Representatives Hudgins, Chair; Senn, Vice Chair; MacEwen, Ranking Minority Member; Caldier, Assistant Ranking Minority Member; McCabe; Morris and Takko.
Passed to Committee on Rules for second reading.
April 1, 2015
SSB 5298 Prime Sponsor, Committee on Agriculture, Water & Rural Economic Development: Concerning the diversion of certain municipal waters. Reported by Committee on Agriculture & Natural Resources
MAJORITY recommendation: Do pass as amended.
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1. (1) The legislature finds that foreign water is a unique commodity that does not naturally contribute as a source of water supply to a river, river basin, or groundwater in a basin where the foreign water is imported or developed and used. The legislature recognizes that opportunities to use foreign water as a domestic water source are rare but have the potential for great environmental benefits. Further, the legislature recognizes that the city of Lynden is uniquely positioned to use foreign water for domestic use. Further, the legislature recognizes that the city of Lynden is actively pursuing implementation of a major salmon habitat restoration project on Pepin creek, a tributary of the Nooksack river, that will improve habitat for several endangered species in the Nooksack river.
(2) The legislature further recognizes that the implementation of this act does not alleviate the need to fully evaluate the water rights throughout the Nooksack river basin and develop a comprehensive solution to adequate water supply for all parties, and in particular, native tribes.
Sec. 2. RCW 90.03.397 and 2011 c 117 s 1 are each amended to read as follows:
(1) The department may approve a change of the point of diversion prescribed in a permit to appropriate surface water for a beneficial use if the ownership, purpose of use, season of use, and place of use of the permit remain the same to an approved intake structure with capacity to transport the additional diversion to either: (a) A point of diversion that is located downstream; or (b) a point of diversion located between Columbia river miles 215.6 and 292, if the existing point of diversion is contained therein.
(2) This section may not be construed as limiting in any manner whatsoever other authorities of the department under RCW 90.03.380 or other changes that may be approved under RCW 90.03.380 under authorities existing before July 25, 1999.
(3)(a) Except as otherwise provided in this section, the legislature finds that it will clearly serve overriding considerations of the public interest for the department to make uninterruptible supplies of water available for appropriation for a municipal water supplier, notwithstanding any minimum instream flows or levels established under chapter 90.22 or 90.54 RCW, when all of the following conditions are satisfied:
(i) For both the instantaneous rate of the diversion, as measured on a daily basis, and the annual volume of the diversion, a quantity of foreign water that is equivalent to or greater than the quantity of water diverted by the municipal water supplier is introduced:
(A) Into the Nooksack river, between river mile seventeen and river mile nineteen; and
(B) Less than one mile downstream from the point of diversion;
(ii) The instantaneous diversion represents no more than 0.1 percent of adopted minimum instream flows or levels;
(iii) The total volume diverted and the total volume of foreign water introduced are measured and reported to the department no less than four times per year; and
(iv) The introduction of foreign water complies with all applicable water quality regulations for receiving water and all local, state, and federal permitting requirements.
(b) For the purposes of this subsection, "foreign water" means water that does not naturally contribute as a source of water supply that would reach the river, river basin, or groundwater associated with the location of the diversion.
(c) Nothing in this section:
(i) Allows the instantaneous diversion of foreign water between river mile seventeen and river mile nineteen on the Nooksack river at any time when the amount of water in the Nooksack river is at or below any minimum instream flows or levels established by the department;
(ii) Allows the instantaneous diversion of foreign water between river mile seventeen and river mile nineteen on the Nooksack river at any time when the diversion would cause the amount of water in the Nooksack river to fall below any minimum instream flows or levels established by the department;
(iii) Limits the ability of the legislature to reconsider its finding relating to the overriding consideration of public interest as described in this section in the event of future changed circumstances; and
(iv) May be construed to affect, constrain, or otherwise limit the authority of the department to determine that overriding considerations of the public interest have been met in approving new withdrawals under RCW 90.54.020(3)."
Correct the title.
Signed by Representatives Blake, Chair; Buys, Ranking Minority Member; Dent, Assistant Ranking Minority Member; Chandler; Hurst; Orcutt; Pettigrew; Schmick and Van De Wege.
MINORITY recommendation: Do not pass. Signed by Representatives Lytton, Vice Chair and Stanford.
MINORITY recommendation: Without recommendation. Signed by Representative Dunshee.
Passed to Committee on Rules for second reading.
March 31, 2015
SB 5314 Prime Sponsor, Senator Benton: Modifying the use of local storm water charges paid by the department of transportation. Reported by Committee on Transportation
MAJORITY recommendation: Do pass. Signed by Representatives Clibborn, Chair; Farrell, Vice Chair; Fey, Vice Chair; Moscoso, Vice Chair; Orcutt, Ranking Minority Member; Hargrove, Assistant Ranking Minority Member; Bergquist; Gregerson; Harmsworth; Hayes; Kochmar; McBride; Moeller; Morris; Ortiz-Self; Pike; Riccelli; Sells; Shea; Takko; Tarleton; Wilson; Young and Zeiger.
Passed to Committee on Rules for second reading.
April 1, 2015
ESSB 5347 Prime Sponsor, Committee on Ways & Means: Creating demonstration projects for preserving agricultural land and public infrastructure in flood plains. Reported by Committee on Agriculture & Natural Resources
MAJORITY recommendation: Do pass as amended.
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1. (1) The legislature intends for the state conservation commission and the departments of ecology, agriculture, fish and wildlife, and natural resources to work together cooperatively, efficiently, and productively to facilitate the intent of this act.
(2) The legislature further intends that the collaborative process created by the stakeholder group required in section 3 of this act, including the participation of local stakeholders, will be used as a model for river management throughout the state.
(3) The legislature finds that floodplain management must address multiple benefits including:
(a) Reducing flood hazard to public infrastructure and other land uses caused by sediment accumulation or for other causes;
(b) Improving fish and wildlife habitat;
(c) Sustaining agriculture; and
(d) Maintaining and enhancing public access.
NEW SECTION. Sec. 2. (1) The state conservation commission and the departments of agriculture, natural resources, fish and wildlife, and ecology must jointly identify and assess three demonstration projects. One demonstration project must be located primarily in Whatcom county, one must be located primarily in Snohomish county, and one must be located primarily in Grays Harbor county.
(2) The demonstration projects must be designed to test the effectiveness and costs of river management by using various management strategies and techniques, as applied, to accomplish the following goals:
(a) Protection of agricultural lands;
(b) Restoration or enhancement of fish runs; and
(c) Protection of public infrastructure and recreational access.
(3) In developing the demonstration projects, the state conservation commission and the departments must, in consultation with the stakeholder group required by section 3 of this act:
(a) Examine studies and reports related to sediment management conducted in the Fraser river, British Columbia, Canada, to assess whether and how the Fraser river experience applies to the goals of this section, and include any potentially applicable practices in the development of the demonstration projects; and
(b) Set benchmarks and a timetable for progress toward achievement of the goals of this act.
(4) The development and assessment of the demonstration projects must also consider the disposition of any state-owned gravel resources removed as a result of the demonstration projects. The presumed disposition must be consistent with chapter 79.140 RCW. However, the process for developing and assessing the pilot project may consider:
(a) Using the gravel resources, at the discretion of the departments, in projects related to fish enhancement programs in the local area of the project or by property owners adjacent to the project;
(b) Making gravel resources available to local tribes for their use; or
(c) Selling the gravel resources and using the proceeds to fund the demonstration projects.
(5) At a minimum, the demonstration projects must be designed to collectively examine the following management strategies and techniques:
(a) Providing deeper, cooler holes for fish life;
(b) Removing excess sediment and gravel that causes diversion of water and erosion of river banks and farmland;
(c) Providing off-channels for habitat as refuge during high flows;
(d) Ensuring that any management activities leave sufficient gravel and sediment for fish spawning and rearing;
(e) Providing stable river banks that will allow for long-term growth of riparian enhancement efforts, such as planting shade trees and hedgerows;
(f) Protecting existing mature treed riparian zones that cool the waters;
(g) Restoring previously existing bank contours that protect the land from erosion caused by more intense and more frequent flooding;
(h) Developing management practices that reduce the amount of gravel, sediment, and woody debris deposited into farm fields; and
(i) Setting back levees and other measures in segments of rivers upstream from the delta to accommodate high flow.
NEW SECTION. Sec. 3. (1) The state conservation commission must convene a stakeholder group to assist in the development and assessment of the demonstration projects required under section 2 of this act.
(2) The stakeholder group must consist of representatives from:
(a) The departments of agriculture, natural resources, fish and wildlife, and ecology;
(b) Local and statewide agricultural organizations;
(c) Land conservation organizations; and
(d) Local governments with interest and experience in floodplain management techniques.
(3) In addition to the participants on the stakeholder group, the state conservation commission and the departments responsible for implementing section 2 of this act must also consult with, and obtain the views of, any federally recognized tribe that may be affected by each demonstration project.
(4) The stakeholder group required by this section must be staffed by the state conservation commission with assistance, as requested, from the departments responsible for implementing section 2 of this act.
(5) Each member of the stakeholder group not employed by the state of Washington shall serve without compensation but may be reimbursed for travel expenses as authorized in RCW 43.03.050 and 43.03.060.
(6) Any costs for the implementation of this section, including the participation costs for nonagency participants, must be shared among the agencies responsible for implementing this act. The state conservation commission shall coordinate and manage these costs through interagency agreements with all of the affected agencies.
NEW SECTION. Sec. 4. (1) The state conservation commission and the departments responsible for implementing section 2 of this act must submit a report to the legislature, consistent with RCW 43.01.036, by October 31, 2016.
(2) The report must include:
(a) An examination and findings of the applicability of the Fraser river experience to the goals of this act;
(b) Information regarding the benchmarks and timetables required under section 2 of this act;
(c) Any decisions made in developing and assessing the projects required in this section;
(d) Any recommendations for extending or changing the process required in section 2 of this act or moving into the demonstration project implementation phase; and
(e) Any recommendations for funding the implementation of demonstration projects from federal grants, federal loans, state grants and loans, and private donations, or if other funding sources are not available or complete, the submission of the three demonstration projects for consideration in the biennial capital budget request to the governor and the legislature.
NEW SECTION. Sec. 5. If funding is identified for the implementation of the demonstration projects developed under section 2 of this act from sources other than specific state appropriations, and the implementation of the demonstration projects can occur within the existing authority of all affected parties, the legislature intends for the state conservation commission and the departments responsible for implementing section 2 of this act to coordinate with the stakeholder group required in section 3 of this act to cooperatively, efficiently, and productively initiate the implementation of the demonstration projects, including the joint and contemporaneous expediting of any necessary permits related to the demonstration projects.
NEW SECTION. Sec. 6. All requirements in this act are subject to the availability of amounts appropriated for the specific purposes described.
NEW SECTION. Sec. 7. This act expires July 1, 2017."
Correct the title.
Signed by Representatives Blake, Chair; Buys, Ranking Minority Member; Dent, Assistant Ranking Minority Member; Chandler; Dunshee; Hurst; Orcutt; Pettigrew; Schmick and Stanford.
MINORITY recommendation: Do not pass. Signed by Representatives Lytton, Vice Chair and Van De Wege.
Referred to Committee on General Government & Information Technology.
April 1, 2015
SB 5387 Prime Sponsor, Senator Pedersen: Creating uniformity in common provisions governing business organizations and other entities. Reported by Committee on Judiciary
MAJORITY recommendation: Do pass as amended.
Strike everything after the enacting clause and insert the following:
"PART I
ARTICLE 1
GENERAL PROVISIONS
NEW SECTION. Sec. 1101. SHORT TITLE. This chapter may be known and cited as the uniform business organizations code—general provisions.
NEW SECTION. Sec. 1102. DEFINITIONS. The definitions in this section apply throughout this chapter unless the context clearly requires otherwise or as set forth in section 1401 or 1601 of this act.
(1) "Annual report" means the report required by section 1212 of this act.
(2) "Business corporation" means a domestic business corporation incorporated under or subject to Title 23B RCW or a foreign business corporation.
(3) "Commercial registered agent" means a person listed under section 1405 of this act.
(4) "Domestic," with respect to an entity, means governed as to its internal affairs by the law of this state.
(5) "Electronic transmission" means an electronic communication:
(a) Not directly involving the physical transfer of a record in a tangible medium; and
(b) That may be retained, retrieved, and reviewed by the sender and the recipient thereof, and that may be directly reproduced in a tangible medium by such a sender and recipient.
(6) "Entity" means:
(a) A business corporation;
(b) A nonprofit corporation;
(c) A limited liability partnership;
(d) A limited partnership;
(e) A limited liability company; or
(f) A general cooperative association.
(7) "Entity filing" means a record delivered to the secretary of state for filing pursuant to this chapter.
(8) "Execute," "executes," or "executed" means:
(a) Signed with respect to a written record;
(b) Electronically transmitted along with sufficient information to determine the sender's identity with respect to an electronic transmission; or
(c) With respect to a record to be filed with the secretary of state, in compliance with the standards for filing with the office of the secretary of state as prescribed by the secretary of state.
(9) "Filed record" means a record filed by the secretary of state pursuant to this chapter.
(10) "Foreign," with respect to an entity, means governed as to its internal affairs by the law of a jurisdiction other than this state.
(11) "General cooperative association" means a domestic general cooperative association formed under or subject to chapter 23.86 RCW.
(12) "Governor" means:
(a) A director of a business corporation;
(b) A director of a nonprofit corporation;
(c) A partner of a limited liability partnership;
(d) A general partner of a limited partnership;
(e) A manager of a manager-managed limited liability company;
(f) A member of a member-managed limited liability company;
(g) A director of a general cooperative association; or
(h) Any other person under whose authority the powers of an entity are exercised and under whose direction the activities and affairs of the entity are managed pursuant to the organic law and organic rules of the entity.
(13) "Interest" means:
(a) A share in a business corporation;
(b) A membership in a nonprofit corporation;
(c) A share in a nonprofit corporation formed under chapter 24.06 RCW;
(d) A partnership interest in a limited liability partnership;
(e) A partnership interest in a limited partnership;
(f) A limited liability company interest; or
(g) A share or membership in a general cooperative association.
(14) "Interest holder" means:
(a) A shareholder of a business corporation;
(b) A member of a nonprofit corporation;
(c) A shareholder of a nonprofit corporation formed under chapter 24.06 RCW;
(d) A partner of a limited liability partnership;
(e) A general partner of a limited partnership;
(f) A limited partner of a limited partnership;
(g) A member of a limited liability company; or
(h) A shareholder or member of a general cooperative association.
(15) "Jurisdiction" when used to refer to a political entity, means the United States, a state, a foreign country, or a political subdivision of a foreign country.
(16) "Jurisdiction of formation" means the jurisdiction whose law includes the organic law of an entity.
(17) "Limited liability company" means a domestic limited liability company formed under or subject to chapter 25.15 RCW or a foreign limited liability company.
(18) "Limited liability limited partnership" means a domestic limited liability limited partnership formed under or subject to chapter 25.10 RCW or a foreign limited liability limited partnership.
(19) "Limited liability partnership" means a domestic limited liability partnership registered under or subject to chapter 25.05 RCW or a foreign limited liability partnership.
(20) "Limited partnership" means a domestic limited partnership formed under or subject to chapter 25.10 RCW or a foreign limited partnership. "Limited partnership" includes a limited liability limited partnership.
(21) "Noncommercial registered agent" means a person that is not a commercial registered agent and is:
(a) An individual or domestic or foreign entity that serves in this state as the registered agent of an entity;
(b) An individual who holds the office or other position in an entity which is designated as the registered agent pursuant to section 1404(1)(b)(ii) of this act; or
(c) A government, governmental subdivision, agency, or instrumentality, or a separate legal entity comprised of two or more of these entities, that serves as the registered agent of an entity.
(22) "Nonprofit corporation" means a domestic nonprofit corporation incorporated under or subject to chapter 24.03 or 24.06 RCW or a foreign nonprofit corporation.
(23) "Nonregistered foreign entity" means a foreign entity that is not registered to do business in this state pursuant to a statement of registration filed by the secretary of state.
(24) "Organic law" means the law of an entity's jurisdiction of formation governing the internal affairs of the entity.
(25) "Organic rules" means the public organic record and private organic rules of an entity.
(26) "Person" means an individual, business corporation, nonprofit corporation, partnership, limited partnership, limited liability company, general cooperative association, limited cooperative association, unincorporated nonprofit association, statutory trust, business trust, common-law business trust, estate, trust, association, joint venture, public corporation, government or governmental subdivision, agency, or instrumentality, or any other legal or commercial entity.
(27) "Principal office" means the principal executive office of an entity, whether or not the office is located in this state.
(28) "Private organic rules" means the rules, whether or not in a record, that govern the internal affairs of an entity, are binding on all its interest holders, and are not part of its public organic record, if any. "Private organic rules" includes:
(a) The bylaws of a business corporation and any agreement among shareholders pursuant to RCW 23B.07.320;
(b) The bylaws of a nonprofit corporation;
(c) The partnership agreement of a limited liability partnership;
(d) The partnership agreement of a limited partnership;
(e) The limited liability company agreement; and
(f) The bylaws of a general cooperative association.
(29) "Proceeding" means civil suit and criminal, administrative, and investigatory action.
(30) "Property" means all property, whether real, personal, or mixed or tangible or intangible, or any right or interest therein.
(31) "Public organic record" means the record the filing of which by the secretary of state is required to form an entity and any amendment to or restatement of that record. The term includes:
(a) The articles of incorporation of a business corporation;
(b) The articles of incorporation of a nonprofit corporation;
(c) The certificate of limited partnership of a limited partnership;
(d) The certificate of formation of a limited liability company;
(e) The articles of incorporation of a general cooperative association; and
(f) The document under the laws of another jurisdiction that is equivalent to a document listed in this subsection.
(32) "Receipt," as used in this chapter, means actual receipt. "Receive" has a corresponding meaning.
(33) "Record" means information inscribed on a tangible medium or contained in an electronic transmission.
(34) "Registered agent" means an agent of an entity which is authorized to receive service of any process, notice, or demand required or permitted by law to be served on the entity. The term includes a commercial registered agent and a noncommercial registered agent.
(35) "Registered foreign entity" means a foreign entity that is registered to do business in this state pursuant to a certificate of registration filed by the secretary of state.
(36) "State" means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States.
(37) "Transfer" includes:
(a) An assignment;
(b) A conveyance;
(c) A sale;
(d) A lease;
(e) An encumbrance, including a mortgage or security interest;
(f) A change of record owner of interest;
(g) A gift; and
(h) A transfer by operation of law.
(38) "Type of entity" means a generic form of entity:
(a) Recognized at common law; or
(b) Formed under an organic law, whether or not some entities formed under that law are subject to provisions of that law that create different categories of the form of entity.
(39) "Writing" does not include an electronic transmission.
(40) "Written" means embodied in a tangible medium.
NEW SECTION. Sec. 1103. DELIVERY OF RECORD. (1) Except as otherwise provided in this chapter, permissible means of delivery of a record include delivery by hand, United States mail, private courier service, and electronic transmission.
(2) Records may be delivered to the secretary of state by electronic transmission as authorized by the secretary of state pursuant to section 1104(2) of this act. The secretary of state may deliver a record to an entity by electronic transmission if the entity has designated an address, location, or system to which the record may be electronically transmitted.
NEW SECTION. Sec. 1104. RULES AND PROCEDURES. (1) The secretary of state has the power reasonably necessary to perform the duties required by this chapter, including adoption, amendment, or repeal of rules under chapter 34.05 RCW for the efficient administration of this chapter.
(2) The secretary of state may adopt rules to facilitate electronic filing. The rules will detail the circumstances under which the electronic filing of documents will be permitted, how the documents will be filed, and how the secretary of state will return filed documents. The rules may also impose additional requirements related to implementation of electronic filing processes, including but not limited to file formats, signature technologies, delivery, and the types of entities, records, or documents permitted.
ARTICLE 2
FILING
NEW SECTION. Sec. 1201. ENTITY FILING REQUIREMENTS. (1) To be filed by the secretary of state pursuant to this chapter, an entity filing must be received by the secretary of state, comply with this chapter, and satisfy the following:
(a) The entity filing must be required or permitted by Title 23, 23B, 24, or 25 RCW.
(b) The entity filing must be delivered in written form unless and to the extent the secretary of state permits electronic delivery of entity filings pursuant to section 1104(2) of this act.
(c) The words in the entity filing must be in English, and numbers must be in Arabic or Roman numerals, but the name of the entity need not be in English if written in English letters or Arabic or Roman numerals.
(d) The entity filing must be executed by or on behalf of a person authorized or required under this chapter or the entity's organic law to execute the filing.
(e) The entity filing must state the name and capacity, if any, of each individual who executed it, on behalf of either the individual or the person authorized or required to execute the filing, but need not contain a seal, attestation, acknowledgment, or verification.
(2) When an entity filing is delivered to the secretary of state for filing, any fee required under this chapter and any fee, interest, or penalty required to be paid under this chapter or law other than this chapter must be paid in a manner permitted by the secretary of state or by that law.
(3) The secretary of state may require that an entity filing delivered in written form be accompanied by an identical or conformed copy.
(4) A record filed under this chapter may be executed by an individual acting in a valid representative capacity.
NEW SECTION. Sec. 1202. FORMS. (1) The secretary of state may provide forms for entity filings required or permitted to be made by Title 23, 23B, 24, or 25 RCW, but, except as otherwise provided in subsection (2) of this section, their use is not required.
(2) The secretary of state may require that a cover sheet for an entity filing and an annual report be on forms prescribed by the secretary of state.
NEW SECTION. Sec. 1203. EFFECTIVE DATE AND TIME. Except as otherwise provided in this chapter and subject to section 1205(4) of this act, an entity filing is effective:
(1) On the date of filing and at the time specified in the entity filing as its effective time;
(2) Unless prohibited by the entity's organic law, at a specified delayed effective date and time, which may not be more than ninety days after the date of filing;
(3) If a delayed effective date is specified, but no time is specified, at 12:01 a.m. on the date specified; or
(4) If subsection (1), (2), or (3) of this section does not apply, on the date and at the time of its filing by the secretary of state as provided in section 1206 of this act.
NEW SECTION. Sec. 1204. WITHDRAWAL OF FILED RECORD BEFORE EFFECTIVENESS. (1) Except as otherwise provided in this chapter, a filed record may be withdrawn before it takes effect by delivering to the secretary of state for filing a statement of withdrawal.
(2) A statement of withdrawal must:
(a) Be executed by an individual acting in a valid representative capacity; and
(b) Identify the filed record to be withdrawn.
(3) On filing by the secretary of state of a statement of withdrawal, the action or transaction evidenced by the original filed record shall not take effect.
NEW SECTION. Sec. 1205. CORRECTING FILED RECORD. (1) An entity may correct a filed record if:
(a) The filed record at the time of filing contained an inaccurate statement;
(b) The filed record was defectively executed; or
(c) The electronic transmission of the filed record to the secretary of state was defective.
(2) To correct a filed record, the entity must deliver to the secretary of state for filing a statement of correction.
(3) A statement of correction:
(a) May not state a delayed effective date;
(b) Must be executed by the individual correcting the filed record;
(c) Must identify the filed record to be corrected;
(d) Must specify the inaccuracy or defect to be corrected; and
(e) Must correct the inaccuracy or defect.
(4) A statement of correction is effective as of the effective date of the filed record that it corrects except as to persons relying on the uncorrected filed record and adversely affected by the correction. As to those persons, the statement of correction is effective when filed.
NEW SECTION. Sec. 1206. DUTY OF SECRETARY OF STATE TO FILE; REVIEW OF REFUSAL TO FILE. (1) The secretary of state shall file an entity filing that satisfies this chapter. The duty of the secretary of state under this section is ministerial.
(2) The secretary of state shall record an entity filing on the date and at the time of its receipt. After filing an entity filing, the secretary of state shall deliver to the person that submitted the filing a copy of the filed record with an acknowledgment of the date and time of filing.
(3) If the secretary of state refuses to file an entity filing, the secretary of state not later than fifteen business days after the filing is received, shall:
(a) Return the entity filing or notify the person that submitted the filing of the refusal; and
(b) Provide a brief explanation in a record of the reason for the refusal.
(4) If the secretary of state refuses to file an entity filing, the person that submitted the entity filing may petition the superior court to compel its filing. The entity filing and the explanation of the secretary of state of the refusal to file must be attached to the petition. The court may decide the matter in a summary proceeding.
(5) The filing of or refusal to file an entity filing does not:
(a) Affect the validity or invalidity of the entity filing in whole or in part;
(b) Relate to the correctness or incorrectness of information contained in the entity filing; or
(c) Create a presumption that the information contained in the filing is correct or incorrect.
NEW SECTION. Sec. 1207. EVIDENTIARY EFFECT OF COPY OF FILED RECORD. A certification from the secretary of state accompanying a copy of a filed record is conclusive evidence that the copy is an accurate representation of the original record on file with the secretary of state.
NEW SECTION. Sec. 1208. CERTIFICATE OF EXISTENCE OR REGISTRATION. (1) On request of any person, the secretary of state shall issue a certificate of existence for a domestic entity or a certificate of registration for a registered foreign entity.
(2) A certificate under subsection (1) of this section must state:
(a) The domestic entity's name or the registered foreign entity's name used in this state;
(b) In the case of a domestic entity:
(i) That its public organic record has been filed and has taken effect;
(ii) The date the public organic record became effective;
(iii) The period of the entity's duration if the records of the secretary of state reflect that the entity's period of duration is less than perpetual; and
(iv) That the records of the secretary of state do not reflect that the entity has been dissolved;
(c) In the case of a registered foreign entity, that it is registered to do business in this state;
(d) That all fees, interest, and penalties owed to this state by the domestic or foreign entity and collected through the secretary of state have been paid, if:
(i) Payment is reflected in the records of the secretary of state; and
(ii) Nonpayment affects the existence or registration of the domestic or foreign entity;
(e) That the most recent annual report required by section 1212 of this act has been delivered to the secretary of state for filing;
(f) That a proceeding is not pending under section 1603 of this act; and
(g) Other facts reflected in the records of the secretary of state pertaining to the domestic or foreign entity which the person requesting the certificate reasonably requests.
(3) Subject to any qualification stated in the certificate, a certificate issued by the secretary of state under subsection (1) of this section may be relied upon as conclusive evidence of the facts stated in the certificate.
NEW SECTION. Sec. 1209. EXECUTION OF ENTITY FILING. (1) Any person who executes a record the person knows is false in any material respect with the intent the record be an entity filing is guilty of a gross misdemeanor punishable under chapter 9A.20 RCW.
(2) A person that executes an entity filing as an agent or legal representative thereby affirms as a fact that the person is authorized to execute the entity filing.
NEW SECTION. Sec. 1210. EXECUTION AND FILING PURSUANT TO JUDICIAL ORDER. (1) If a person required by the entity's organic law to execute a record that is to be an entity filing or to make an entity filing does not do so, any other person that is aggrieved may petition the superior court to order:
(a) The person to execute the record;
(b) The person to make the entity filing; or
(c) The secretary of state to file the entity filing unexecuted.
(2) If the petitioner under subsection (1) of this section is not the entity to which the entity filing pertains, the petitioner shall make the entity a party to the action.
(3) A filed record created under subsection (1)(c) of this section is effective without being executed.
NEW SECTION. Sec. 1211. DELIVERY BY SECRETARY OF STATE. Except as otherwise provided by section 1411 of this act or by law of this state other than this chapter, the secretary of state may deliver a record to a person by delivering it:
(1) In person to the person that submitted it for filing;
(2) To the address of the person's registered agent;
(3) To the principal office address of the person; or
(4) To another address the person provides to the secretary of state for delivery.
NEW SECTION. Sec. 1212. ANNUAL REPORT FOR SECRETARY OF STATE. (1) A domestic entity other than a limited liability partnership or nonprofit corporation shall, within one hundred twenty days of the date on which its public organic record became effective, deliver to the secretary of state for filing an initial report that states the information required under subsection (2) of this section.
(2) A domestic entity or registered foreign entity shall deliver to the secretary of state for filing an annual report that states:
(a) The name of the entity and its jurisdiction of formation;
(b) The name and street and mailing addresses of the entity's registered agent in this state;
(c) The street and mailing addresses of the entity's principal office;
(d) In the case of a registered foreign entity, the street and mailing address of the entity's principal office in the state or country under the laws of which it is incorporated;
(e) The names of the entity's governors;
(f) A brief description of the nature of the entity's business;
(g) In the case of a business corporation, the names and addresses of the chairperson of its board of directors, if any, president, secretary, and treasurer, or individuals, however designated, performing the functions of such officers; and
(h) The entity's unified business identifier number.
(3) Information in an initial or annual report must be current as of the date the report is executed by the entity.
(4) Annual reports must be delivered to the secretary of state on a date determined by the secretary of state and at such additional times as the entity elects.
(5) If an initial or annual report does not contain the information required by this section, the secretary of state promptly shall notify the reporting entity in a record and return the report for correction.
(6) If an initial or annual report contains the name or address of a registered agent that differs from the information shown in the records of the secretary of state immediately before the annual report becomes effective, the differing information in the initial or annual report is considered a statement of change under section 1407 of this act.
(7) The secretary of state shall send to each domestic entity and registered foreign entity, not less than thirty or more than ninety days prior to the expiration date of the entity's annual renewal, a notice that the entity's annual report must be filed as required by this chapter and that any applicable annual renewal fee must be paid, and stating that if the entity fails to file its annual report or pay the annual renewal fee it will be administratively dissolved. The notice may be sent by postal or electronic mail as elected by the entity, addressed to its registered agent within the state, or to an electronic address designated by the entity in a record retained by the secretary of state. Failure of the secretary of state to provide any such notice does not relieve a domestic entity or registered foreign entity from its obligations to file the annual report required by this chapter or to pay any applicable annual renewal fee. The option to receive the notice provided under this section by electronic mail may be selected only when the secretary of state makes the option available.
NEW SECTION. Sec. 1213. FEES. (1) Except as provided in subsection (2) of this section, the secretary of state shall adopt rules in accordance with chapter 34.05 RCW setting:
(a) Fees for:
(i) Filing entity filings;
(ii) Furnishing copies or certified copies of any filed record under this chapter; and
(iii) Furnishing a certificate of existence or registration of an entity, or any other certificate;
(b) License or renewal fees authorized under Title 23, 23B, 24, or 25 RCW;
(c) Penalty fees; and
(d) Other miscellaneous charges.
(2) There is no fee for:
(a) A registered agent's consent to act as agent or statement of resignation;
(b) Filing articles of dissolution;
(c) Filing certificates of judicial dissolution;
(d) Filing statements of withdrawal; and
(e) Filing annual reports when submitted concurrently with the payment of annual license fees.
(3) The withdrawal under section 1204 of this act of a filed record before it is effective or the correction of a filed record under section 1205 of this act does not entitle the person on whose behalf the record was filed to a refund of the filing fee.
(4) The secretary of state shall establish the fee schedule authorized under this section in a manner that is consistent with the fee schedule applicable to the various entities that is in effect on the effective date of this section. The amounts of fees, charges, and penalties established under this section may be no greater than the amounts applicable to entity filings, penalties, and other charges in effect on the effective date of this section. Fees may be adjusted by rule only in an amount that does not exceed the average biennial increase in the cost of providing service. This must be determined in a biennial cost study performed by the secretary of state.
(5) All fees collected by the secretary of state shall be deposited with the state treasurer pursuant to law or deposited in the secretary of state's revolving fund as provided in RCW 43.07.130.
NEW SECTION. Sec. 1214. WAIVER OF PENALTY FEES. The secretary of state may, where exigent or mitigating circumstances are presented, waive penalty fees due from any entity previously in good standing which would otherwise be penalized or lose its active status. An entity desiring to seek relief under this section must, within fifteen days of discovery of the missed filing or lapse, notify the secretary of state in writing. The notification must include the name and mailing address of the entity, the governor or other entity official to whom correspondence should be sent, and a statement under oath by a governor or other entity official, setting forth the nature of the missed filing or lapse, the circumstances giving rise to the missed filing or lapse, and the relief sought. If the secretary of state is satisfied that sufficient exigent or mitigating circumstances exist, that the entity has demonstrated good faith and a reasonable attempt to comply with the applicable statutes of this state, the secretary of state may issue an order allowing relief from the penalty. If the secretary of state determines the request does not comply with the requirements for relief, the secretary of state shall deny the relief and state the reasons for the denial. Any denial of relief by the secretary of state is not reviewable notwithstanding the provisions of chapter 34.05 RCW.
ARTICLE 3
NAME OF ENTITY
NEW SECTION. Sec. 1301. PERMITTED NAMES. (1) The name of a domestic entity and the name under which a foreign entity may register to do business in this state, must be distinguishable on the records of the secretary of state from any:
(a) Name of an existing domestic entity which at the time is not administratively dissolved;
(b) Name of a foreign entity registered to do business in this state under part I, Article 5 of this act;
(c) Name reserved under section 1303 of this act; or
(d) Name registered under section 1304 of this act.
(2) If an entity consents in a record to the use of its name and submits an undertaking in a form satisfactory to the secretary of state to change its name to a name that is distinguishable on the records of the secretary of state from any name in any category of names in subsection (1) of this section, the name of the consenting entity may be used by the person to which the consent was given.
(3) A name may not be considered distinguishable on the records of the secretary of state from the name of another entity by virtue of:
(a) A variation in the words, phrases, or abbreviations indicating the type of entity, such as "corporation," "corp.," "incorporated," "Inc.," "company," "co.," "social purpose corporation," "SPC," "S.P.C.," "professional corporation," "PC," "P.C.," "professional service," "PS," "P.S.," "Limited," "Ltd.," "limited partnership," "LP," "L.P.," "limited liability partnership," "LLP," "L.L.P.," "registered limited liability partnership," "RLLP," "R.L.L.P.," "limited liability limited partnership," "LLLP," "L.L.L.P.," "registered limited liability limited partnership," "RLLLP," "R.L.L.L.P.," "limited liability company," "LLC," "L.L.C.," "professional limited liability company," "PLLC," or "P.L.L.C.";
(b) The addition or deletion of an article or conjunction such as "the" or "and" from the same name;
(c) Punctuation, capitalization, or special characters or symbols in the same name; or
(d) Use of abbreviation or the plural form of a word in the same name.
(4) An entity name may not contain language stating or implying that the entity is organized for a purpose other than those permitted by the entity's public organic record.
(5) This chapter does not control the use of assumed business names or "trade names."
(6) An entity may use a name that is not distinguishable from a name described in subsection (1) of this section if the entity delivers to the secretary of state a certified copy of a final judgment of a court of competent jurisdiction establishing the right of the entity to use the name in this state.
(7) An entity may use the name, including the fictitious name, of another entity that is used in this state if the other entity is formed or authorized to transact business in this state and the proposed user entity:
(a) Has merged with the other entity; or
(b) Has been formed by reorganization of the other entity.
NEW SECTION. Sec. 1302. NAME REQUIREMENTS FOR CERTAIN TYPES OF ENTITIES. (1)(a) The name of a business corporation:
(i)(A) Except in the case of a social purpose corporation, must contain the word "corporation," "incorporated," "company," or "limited," or the abbreviation "Corp.," "Inc.," "Co.," or "Ltd.," or words or abbreviations of similar import in another language; or
(B) In the case of a social purpose corporation, must contain the words "social purpose corporation" or the abbreviation "SPC" or "S.P.C."; and
(ii) Must not contain any of the following words or phrases: "Bank," "banking," "banker," "trust," "cooperative," or any combination of the words "industrial" and "loan," or any combination of any two or more of the words "building," "savings," "loan," "home," "association," and "society," or any other words or phrases prohibited by any statute of this state.
(b) The name of a professional service corporation must contain either the words "professional service" or "professional corporation" or the abbreviation "P.S." or "P.C." The name may also contain either the words "corporation," "incorporated," "company," or "limited," or the abbreviation "Corp.," "Inc.," "Co.," or "Ltd." The name of a professional service corporation organized to render dental services must contain the full names or surnames of all shareholders and no other word than "chartered" or the words "professional services" or the abbreviation "P.S." or "P.C."
(2) The name of a nonprofit corporation:
(a) May include "club," "league," "association," "services," "committee," "fund," "society," "foundation," "guild," ". . . . . ., a nonprofit corporation," ". . . . . ., a nonprofit mutual corporation," or any name of like import;
(b) Except for nonprofit corporations formed prior to January 1, 1969, must not include or end with "incorporated," "company," "corporation," "partnership," "limited partnership," or "Ltd.," or any abbreviation thereof; and
(c) May only include the term "public benefit" or names of like import if the nonprofit corporation has been designated as a public benefit nonprofit corporation by the secretary of state in accordance with chapter 24.03 RCW.
(3) The name of a limited partnership may contain the name of any partner. The name of a partnership that is not a limited liability limited partnership must contain the words "limited partnership" or the abbreviation "LP" or "L.P." and may not contain the words "limited liability limited partnership" or the abbreviation "LLLP" or "L.L.L.P." If the limited partnership is a limited liability limited partnership, the name must contain the words "limited liability limited partnership" or the abbreviation "LLLP" or "L.L.L.P." and may not contain the abbreviation "LP" or "L.P."
(4) The name of a limited liability partnership must contain the words "limited liability partnership" or the abbreviation "LLP" or "L.L.P." If the name of a foreign limited liability partnership contains the words "registered limited liability partnership" or the abbreviation "R.L.L.P." or "RLLP," it may include those words or abbreviations in its foreign registration statement.
(5)(a) The name of a limited liability company:
(i) Must contain the words "limited liability company," the words "limited liability" and abbreviation "Co.," or the abbreviation "L.L.C." or "LLC"; and
(ii) May not contain any of the following words or phrases: "Cooperative," "partnership," "corporation," "incorporated," or the abbreviations "Corp.," "Ltd.," or "Inc.," or "LP," "L.P.," "LLP," "L.L.P.," "LLLP," "L.L.L.P," or any words or phrases prohibited by any statute of this state.
(b) The name of a professional limited liability company must contain either the words "professional limited liability company," or the words "professional limited liability" and the abbreviation "Co.," or the abbreviation "P.L.L.C." or "PLLC," provided that the name of a professional limited liability company organized to render dental services must contain the full names or surnames of all members and no other word than "chartered" or the words "professional services" or the abbreviation "P.L.L.C." or "PLLC".
(6) The name of a cooperative association organized under chapter 23.86 RCW may contain the words "corporation," "incorporated," or "limited," or the abbreviation "Corp.," "Inc.," or "Ltd."
NEW SECTION. Sec. 1303. RESERVATION OF NAME. (1) A person may reserve the exclusive use of an entity name including the alternate name adopted pursuant to section 1506 of this act by delivering an application to the secretary of state for filing. The application must state the name and address of the applicant and the name to be reserved. If the secretary of state finds that the entity name is available, the secretary of state shall reserve the name for the applicant's exclusive use for one hundred eighty days.
(2) The owner of a reserved entity name may transfer the reservation to another person that is not an individual by delivering to the secretary of state an executed notice in a record of the transfer which states the name and address of the transferee.
NEW SECTION. Sec. 1304. REGISTRATION OF NAME. (1) A foreign entity not registered to do business in this state under part I, Article 5 of this act may register its name, or an alternate name adopted pursuant to section 1506 of this act, if the name is distinguishable on the records of the secretary of state from the names that are not available under section 1301 of this act.
(2) To register its name or an alternate name adopted pursuant to section 1506 of this act, a foreign entity must deliver to the secretary of state for filing an application stating the entity's name, the jurisdiction and date of its formation, and any alternate name adopted pursuant to section 1506 of this act. The application must be accompanied by a certificate of existence, or a document of similar import, from the entity's jurisdiction of formation. If the secretary of state finds that the name applied for is available, the secretary of state shall register the name for the applicant's exclusive use.
(3) The registration of a name under this section is effective upon the effective date of the application and until the close of the calendar year in which the application for registration is filed.
(4) A foreign entity whose name registration is effective may renew the registration for successive one-year periods by delivering, not earlier than three months before the expiration of the registration, to the secretary of state for filing a renewal application that complies with this section. When filed, the renewal application renews the registration for the following calendar year.
(5) A foreign entity whose name registration is effective may register as a foreign entity under the registered name or consent in an executed record to the use of that name by another entity.
ARTICLE 4
REGISTERED AGENT OF ENTITY
NEW SECTION. Sec. 1401. DEFINITIONS. The definitions in this section apply throughout this section and sections 1402 through 1413 of this act unless the context clearly requires otherwise.
(1) "Registered agent filing" means:
(a) The public organic record of a domestic entity;
(b) An application of a domestic limited liability partnership; or
(c) A registration statement filed pursuant to section 1503 of this act.
(3) "Represented entity" means:
(a) A domestic entity; or
(b) A registered foreign entity.
NEW SECTION. Sec. 1402. ENTITIES REQUIRED TO DESIGNATE AND MAINTAIN REGISTERED AGENT. The following shall designate and maintain a registered agent in this state:
(1) A domestic entity; and
(2) A registered foreign entity.
NEW SECTION. Sec. 1403. ADDRESSES IN FILING. If a provision of this chapter other than section 1410(1)(d) of this act requires that a record state an address, the record must state:
(1) A street address in this state; and
(2) A mailing address in this state, if different from the address described in subsection (1) of this section.
NEW SECTION. Sec. 1404. DESIGNATION OF REGISTERED AGENT. (1) A registered agent filing must be executed by the represented entity and state:
(a) The name of the entity's commercial registered agent; or
(b) If the entity does not have a commercial registered agent:
(i) The name and address of the entity's noncommercial registered agent; or
(ii) The title of an office or other position with the entity, if service of process, notices, and demands are to be sent to whichever individual is holding that office or position, and the address to which process, notices, or demands are to be sent.
(2) A registered agent shall not be appointed without having given prior consent in a record to the appointment. The consent shall be delivered to the secretary of state in such form as the secretary of state may prescribe. The consent shall be filed with or as a part of the record first appointing a registered agent. In the event any individual or entity has been appointed registered agent without consent, that individual or entity may deliver to the secretary of state a notarized statement attesting to that fact, and the name shall immediately be removed from the records of the secretary of state.
NEW SECTION. Sec. 1405. LISTING OF COMMERCIAL REGISTERED AGENT. (1) A person may become listed as a commercial registered agent by delivering to the secretary of state for filing a commercial-registered-agent listing statement executed by the person which states:
(a) The name of the individual or the name of the entity, type of entity, and jurisdiction of formation of the entity;
(b) That the person is in the business of serving as a commercial registered agent in this state; and
(c) The address of a place of business of the person in this state to which service of process, notices, and demands being served on or sent to entities represented by the person may be delivered.
(2) A commercial-registered-agent listing statement may include the information regarding acceptance by the agent of service of process, notices, and demands in a form other than a written record as provided in section 1411(5) of this act.
(3) If the name of a person delivering to the secretary of state for filing a commercial-registered-agent listing statement is not distinguishable on the records of the secretary of state from the name of another commercial registered agent listed under this section, the person shall adopt a fictitious name that is distinguishable and use that name in its statement and when it does business in this state as a commercial registered agent.
(4) The secretary of state shall note the filing of a commercial-registered-agent listing statement in the records maintained by the secretary of state for each entity represented by the agent at the time of the filing. The statement has the effect of amending the registered agent filing for each of those entities to:
(a) Designate the person becoming listed as a commercial registered agent as the commercial registered agent of each of those entities; and
(b) Delete the name and address of the former agent from the registered agent filing of each of those entities.
NEW SECTION. Sec. 1406. TERMINATION OF LISTING OF COMMERCIAL REGISTERED AGENT. (1) A commercial registered agent may terminate its listing as a commercial registered agent by delivering to the secretary of state for filing a commercial-registered-agent termination statement executed by the agent which states:
(a) The name of the agent as listed under section 1405 of this act; and
(b) That the agent is no longer in the business of serving as a commercial registered agent in this state.
(2) A commercial-registered-agent termination statement takes effect at 12:01 a.m. on the 31st day after the day on which it is delivered to the secretary of state for filing.
(3) The commercial registered agent promptly shall furnish each entity represented by the agent notice in a record of the filing of the commercial-registered-agent termination statement.
(4) When a commercial-registered-agent termination statement takes effect, the commercial registered agent ceases to be the registered agent for each entity formerly represented by it. Until an entity formerly represented by a terminated commercial registered agent designates a new registered agent, service of process may be made on the entity pursuant to section 1411 of this act. Termination of the listing of a commercial registered agent under this section does not affect any contractual rights a represented entity has against the agent or that the agent has against the entity.
NEW SECTION. Sec. 1407. CHANGE OF REGISTERED AGENT BY ENTITY. (1) A represented entity may change its registered agent or other information on file under section 1404(1) of this act by delivering to the secretary of state for filing a statement of change executed by the entity which states:
(a) The name of the entity; and
(b) The information required under section 1404(1) of this act.
(2) The interest holders or governors of a domestic entity need not approve the filing of:
(a) A statement of change under this section; or
(b) A similar filing changing the registered agent or registered office, if any, of the entity in any other jurisdiction.
(3) A statement of change under this section designating a new registered agent must be accompanied by the new registered agent's consent in a record, either on the statement or attached to it in a manner and form as the secretary of state may prescribe, to the appointment.
NEW SECTION. Sec. 1408. CHANGE OF NAME, ADDRESS, TYPE OF ENTITY, OR JURISDICTION OF FORMATION BY NONCOMMERCIAL REGISTERED AGENT. (1) If a noncommercial registered agent changes its name or its address in effect with respect to a represented entity under section 1404(1) of this act, the agent shall deliver to the secretary of state for filing, with respect to each entity represented by the agent, a statement of change executed by the agent which states:
(a) The name of the entity;
(b) The name and address of the agent in effect with respect to the entity;
(c) If the name of the agent has changed, the new name; and
(d) If the address of the agent has changed, the new address.
(2) A noncommercial registered agent promptly shall furnish the represented entity with notice in a record of the delivery to the secretary of state for filing of a statement of change and the changes made in the statement.
NEW SECTION. Sec. 1409. CHANGE OF NAME, ADDRESS, TYPE OF ENTITY, OR JURISDICTION OF FORMATION BY COMMERCIAL REGISTERED AGENT. (1) If a commercial registered agent changes its name, its address as listed under section 1405(1) of this act, its type of entity, or its jurisdiction of formation, the agent shall deliver to the secretary of state for filing a statement of change executed by the agent which states:
(a) The name of the agent as listed under section 1405(1) of this act;
(b) If the name of the agent has changed, the new name;
(c) If the address of the agent has changed, the new address; and
(d) If the agent is an entity:
(i) If the type of entity of the agent has changed, the new type of entity; and
(ii) If the jurisdiction of formation of the agent has changed, the new jurisdiction of formation.
(2) The filing by the secretary of state of a statement of change under subsection (1) of this section is effective to change the information regarding the agent with respect to each entity represented by the agent.
(3) A commercial registered agent promptly shall furnish to each entity represented by it a notice in a record of the filing by the secretary of state of a statement of change relating to the name or address of the agent and the changes made in the statement.
(4) If a commercial registered agent changes its address without delivering for filing a statement of change as required by this section, the secretary of state may cancel the listing of the agent under section 1405 of this act. A cancellation under this subsection has the same effect as a termination under section 1406 of this act. Promptly after canceling the listing of an agent, the secretary of state shall serve notice in a record in the manner provided in section 1411 (2) or (3) of this act on:
(a) Each entity represented by the agent, stating that the agent has ceased to be the registered agent for the entity and that, until the entity designates a new registered agent, service of process may be made on the entity as provided in section 1411 of this act; and
(b) The agent, stating that the listing of the agent has been canceled under this section.
NEW SECTION. Sec. 1410. RESIGNATION OF REGISTERED AGENT. (1) A registered agent may resign as agent for a represented entity by delivering to the secretary of state for filing a statement of resignation executed by the agent which states:
(a) The name of the entity;
(b) The name of the agent;
(c) That the agent resigns from serving as registered agent for the entity; and
(d) The address of the entity to which the agent will send the notice required by subsection (3) of this section.
(2) A statement of resignation takes effect on the earlier of:
(a) The 31st day after the day on which it is filed by the secretary of state; or
(b) The designation of a new registered agent for the represented entity.
(3) A registered agent promptly shall furnish to the represented entity notice in a record of the date on which a statement of resignation was filed.
NEW SECTION. Sec. 1411. SERVICE OF PROCESS, NOTICE, OR DEMAND ON ENTITY. (1) A represented entity may be served with any process, notice, or demand required or permitted by law by serving its registered agent.
(2) If a represented entity ceases to have a registered agent, or if its registered agent cannot with reasonable diligence be served, the entity may be served by registered or certified mail, return receipt requested, or by similar commercial delivery service, addressed to the entity at the entity's principal office. The address of the principal office must be as shown in the entity's most recent annual report filed by the secretary of state. Service is effected under this subsection on the earliest of:
(a) The date the entity receives the mail or delivery by the commercial delivery service;
(b) The date shown on the return receipt, if executed by the entity; or
(c) Five days after its deposit with the United States Postal Service or commercial delivery service, if correctly addressed and with sufficient postage or payment.
(3) If process, notice, or demand cannot be served on an entity pursuant to subsection (1) or (2) of this section, service may be made by handing a copy to the individual in charge of any regular place of business or activity of the entity if the individual served is not a plaintiff in the action.
(4) The secretary of state shall be an agent of the entity for service of process if process, notice, or demand cannot be served on an entity pursuant to subsection (1), (2), or (3) of this section.
(5) Service of process, notice, or demand on a registered agent must be in a written record, but service may be made on a commercial registered agent in other forms, and subject to such requirements, as the agent has stated in its listing under section 1405 of this act that it will accept.
(6) Service of process, notice, or demand may be made by other means under law other than this chapter.
NEW SECTION. Sec. 1412. DUTIES OF REGISTERED AGENT. The only duties under this chapter of a registered agent that has complied with this chapter are:
(1) To forward to the represented entity at the address most recently supplied to the agent by the entity any process, notice, or demand pertaining to the entity which is served on or received by the agent;
(2) To provide the notices required by this chapter to the entity at the address most recently supplied to the agent by the entity;
(3) If the agent is a noncommercial registered agent, to keep current the information required by section 1404(1) of this act in the most recent registered agent filing for the entity; and
(4) If the agent is a commercial registered agent, to keep current the information listed for it under section 1405(1) of this act.
NEW SECTION. Sec. 1413. JURISDICTION AND VENUE. The designation or maintenance in this state of a registered agent does not by itself create the basis for personal jurisdiction over the represented entity in this state. The address of the agent does not determine venue in an action or a proceeding involving the entity.
ARTICLE 5
FOREIGN ENTITIES
NEW SECTION. Sec. 1501. GOVERNING LAW. (1) Part I of this act does not authorize this state to regulate the organization or internal affairs of a foreign entity registered to do business in this state, or govern the liability that a person has as an interest holder or governor for a debt, obligation, or other liability of the foreign entity.
(2) A foreign entity is not precluded from registering to do business in this state because of any difference between the law of the entity's jurisdiction of formation and the law of this state.
(3) Registration of a foreign entity to do business in this state does not authorize the foreign entity to engage in any activity or exercise any power that a domestic entity of the same type may not engage in or exercise in this state. Except as otherwise provided in this chapter or other applicable law of this state, a foreign entity is subject to the same duties, restrictions, penalties, and liabilities now or later imposed on a domestic entity of the same type.
NEW SECTION. Sec. 1502. REGISTRATION TO DO BUSINESS IN THIS STATE. (1) A foreign entity may not do business in this state until it registers with the secretary of state under this chapter.
(2) A foreign entity doing business in this state may not maintain an action or proceeding in this state unless it is registered to do business in this state and has paid to this state all fees and penalties for the years, or parts thereof, during which it did business in this state without having registered.
(3) The successor to a foreign entity that transacted business in this state without a certificate of registration and the assignee of a cause of action arising out of that business may not maintain a proceeding based on that cause of action in any court in this state until the foreign entity, or its successor, obtains a certificate of registration.
(4) A court may stay a proceeding commenced by a foreign entity, its successor, or assignee until it determines whether the foreign entity, or its successor, requires a certificate of registration. If it so determines, the court may further stay the proceeding until the foreign entity, or its successor, obtains the certificate of registration.
(5) A foreign entity that transacts business in this state without a certificate of registration is liable to this state, for the years or parts thereof during which it transacted business in this state without a certificate of registration, in an amount equal to all fees which would have been imposed by this chapter upon the entity had it applied for and received a certificate of registration to transact business in this state and thereafter filed all reports required by this chapter, plus all penalties imposed by this chapter for failure to pay such fees.
(6) The failure of a foreign entity to register to do business in this state does not: (a) Impair the validity of a contract or act of the foreign entity; (b) impair the right of any other party to the contract to maintain any action, suit, or proceeding on the contract; or (c) preclude the foreign entity from defending an action or proceeding in this state.
(7) A limitation on the liability of an interest holder or governor of a foreign entity is not waived solely because the foreign entity does business in this state without registering.
(8) Section 1501 (1) and (2) of this act applies even if a foreign entity fails to register under this Article 5.
NEW SECTION. Sec. 1503. FOREIGN REGISTRATION STATEMENT. (1) To register to do business in this state, a foreign entity must deliver a foreign registration statement to the secretary of state for filing. The statement must be executed by the entity and state:
(a) The name of the foreign entity and, if the name does not comply with section 1301 of this act, an alternate name adopted pursuant to section 1506 of this act;
(b) The type of entity and, if it is a foreign limited partnership, whether it is a foreign limited liability limited partnership;
(c) The entity's jurisdiction of formation;
(d) The street and mailing addresses of the entity's principal office and, if the law of the entity's jurisdiction of formation requires the entity to maintain an office in that jurisdiction, the street and mailing addresses of the office;
(e) The information required by section 1404(1) of this act;
(f) The names and addresses of the entity's governors, and if the entity is a business corporation or nonprofit corporation, the names and addresses of its officers;
(g) The date of the entity's formation and period of duration;
(h) The nature of the entity's business or purposes to be conducted or promoted in this state; and
(i) The date on which the entity first did, or intends to do, business in this state.
(2) The foreign entity shall deliver with the registration statement a certificate of existence, or a document of similar import, issued no more than sixty days before the date of submission of the registration statement and duly authenticated by the secretary of state or other official having custody of the entity's records in the entity's jurisdiction of formation.
NEW SECTION. Sec. 1504. AMENDMENT OF FOREIGN REGISTRATION STATEMENT. A registered foreign entity shall promptly deliver to the secretary of state for filing an amendment to its foreign registration statement if there is a change in:
(1) The name of the entity;
(2) The type of entity, including, if it is a foreign limited partnership, whether the entity became or ceased to be a foreign limited liability limited partnership;
(3) The entity's jurisdiction of formation;
(4) An address required by section 1503(1)(d) of this act; or
(5) The information required by section 1404(1) of this act.
NEW SECTION. Sec. 1505. ACTIVITIES NOT CONSTITUTING DOING BUSINESS. (1) Activities of a foreign entity that do not constitute doing business in this state under this chapter include, but are not limited to:
(a) Maintaining, defending, mediating, arbitrating, or settling an action or proceeding, or settling claims or disputes;
(b) Carrying on any activity concerning its internal affairs, including holding meetings of its interest holders or governors;
(c) Maintaining accounts in financial institutions;
(d) Maintaining offices or agencies for the transfer, exchange, and registration of securities of the entity or maintaining trustees or depositories with respect to those securities;
(e) Selling through independent contractors;
(f) Soliciting or obtaining orders by any means if the orders require acceptance outside this state before they become binding contracts and where the contracts do not involve any local performance other than delivery and installation;
(g) Creating or acquiring indebtedness, mortgages, or security interests in property;
(h) Securing or collecting debts or enforcing mortgages or security interests in property securing the debts;
(i) Conducting an isolated transaction that is completed within thirty days and that is not in the course of repeated transactions of a like nature;
(j) Owning, without more, property;
(k) Doing business in interstate commerce; and
(l) Operating an approved branch campus of a foreign degree-granting institution in compliance with chapter 28B.90 RCW and in accordance with subsection (2) of this section.
(2) In addition to those acts that are specified in subsection (1) of this section, a foreign degree-granting institution that establishes an approved branch campus in the state under chapter 28B.90 RCW shall not be deemed to transact business in the state solely because it:
(a) Owns and controls an incorporated branch campus in this state;
(b) Pays the expenses of tuition or room and board charged by the incorporated branch campus for its students enrolled at the branch campus or contributes to the capital thereof; or
(c) Provides personnel who furnish assistance and counsel to its students while in the state but who have no authority to enter into any transactions for or on behalf of the foreign degree-granting institution.
(3) A person does not do business in this state solely by being an interest holder or governor of a domestic entity or foreign entity that does business in this state.
(4) This section does not apply in determining the contacts or activities that may subject a foreign entity to service of process, taxation, or regulation under law of this state other than this chapter.
NEW SECTION. Sec. 1506. NONCOMPLYING NAME OF FOREIGN ENTITY. (1) A foreign entity whose name does not comply with section 1301 of this act for an entity of its type may not register to do business in this state until it adopts, for the purpose of doing business in this state, an alternate name that complies with section 1301 of this act. A registered foreign entity that registers under an alternate name under this subsection need not comply with chapter 19.80 RCW. After registering to do business in this state with an alternate name, a registered foreign entity shall do business in this state under:
(a) The alternate name;
(b) Its entity name, with the addition of its jurisdiction of formation clearly identified; or
(c) An assumed or fictitious name the entity is authorized to use under chapter 19.80 RCW.
(2) If a registered foreign entity changes its name to one that does not comply with section 1301 of this act, it may not do business in this state until it complies with subsection (1) of this section by amending its foreign registration statement to adopt an alternate name that complies with section 1301 of this act.
NEW SECTION. Sec. 1507. WITHDRAWAL OF REGISTRATION OF REGISTERED FOREIGN ENTITY. (1) A registered foreign entity may withdraw its registration by delivering a statement of withdrawal to the secretary of state for filing. The statement of withdrawal must be executed by the entity and state:
(a) The name of the entity and its jurisdiction of formation;
(b) That the entity is not doing business in this state and that it withdraws its registration to do business in this state;
(c) That the entity revokes the authority of its registered agent to accept service on its behalf in this state; and
(d) An address to which service of process may be made under subsection (3) of this section.
(2) The statement of withdrawal must be accompanied by a copy of a revenue clearance certificate issued pursuant to RCW 82.32.260.
(3) After the withdrawal of the registration of an entity, service of process in any action or proceeding based on a cause of action arising during the time the entity was registered to do business in this state may be made pursuant to section 1411 of this act.
NEW SECTION. Sec. 1508. WITHDRAWAL DEEMED ON CONVERSION TO DOMESTIC ENTITY. A registered foreign entity that converts to any type of domestic entity is deemed to have withdrawn its registration on the effective date of the conversion.
NEW SECTION. Sec. 1509. WITHDRAWAL ON DISSOLUTION OR CONVERSION. (1) A registered foreign entity that has dissolved and completed winding up or has converted to a domestic or foreign person not subject to this chapter shall deliver a statement of withdrawal to the secretary of state for filing. The statement must be executed by the dissolved or converted entity and state:
(a) In the case of a foreign entity that has completed winding up:
(i) Its name and jurisdiction of formation; and
(ii) That the foreign entity surrenders its registration to do business in this state; and
(b) In the case of a foreign entity that has converted to a domestic or foreign person not subject to this act:
(i) The name of the converting foreign entity and its jurisdiction of formation;
(ii) The type of person to which it has converted and its jurisdiction of formation;
(iii) That it surrenders its registration to do business in this state and revokes the authority of its registered agent to accept service on its behalf; and
(iv) A mailing address to which service of process may be made under subsection (2) of this section.
(2) After a withdrawal is effective under this section, service of process in any action or proceeding based on a cause of action arising during the time the foreign entity was registered to do business in this state may be made pursuant to section 1411 of this act.
NEW SECTION. Sec. 1510. TRANSFER OF REGISTRATION. (1) If a registered foreign entity merges into a nonregistered foreign entity or converts to a foreign entity required to register with the secretary of state to do business in this state, the foreign entity shall deliver to the secretary of state for filing an application for transfer of registration. The application must be executed by the surviving or converted entity and state:
(a) The name of the registered foreign entity before the merger or conversion;
(b) The type of entity it was before the merger or conversion;
(c) The name of the applicant entity and, if the name does not comply with section 1301 of this act, an alternate name adopted pursuant to section 1506(1) of this act;
(d) The type of entity of the applicant entity and its jurisdiction of formation; and
(e) The following information regarding the applicant entity, if different than the information for the foreign entity before the merger or conversion:
(i) The street and mailing addresses of the principal office of the entity and, if the law of the entity's jurisdiction of formation requires it to maintain an office in that jurisdiction, the street and mailing addresses of that office; and
(ii) The information required pursuant to section 1404(1) of this act.
(2) When an application for transfer of registration takes effect, the registration of the registered foreign entity to do business in this state is transferred without interruption to the entity into which it has merged or to which it has been converted.
NEW SECTION. Sec. 1511. TERMINATION OF REGISTRATION. (1) The secretary of state may terminate the registration of a registered foreign entity in the manner provided in subsections (2) and (3) of this section if:
(a) The entity does not pay any fee, interest, or penalty required to be paid to the secretary of state under this chapter or law of this state other than this chapter;
(b) The entity does not deliver to the secretary of state for filing an annual report when it is due;
(c) The entity does not have a registered agent as required by section 1402 of this act;
(d) The entity does not deliver to the secretary of state for filing a statement of change under section 1407 of this act if change occurs in the name or address of the entity's registered agent;
(e) A governor, officer, or agent of the entity executed a document knowing it was false in any material respect with intent that the document be delivered to the secretary of state for filing; or
(f) The secretary of state receives a duly authenticated certificate from the secretary of state or other official having custody of the entity's records in the entity's jurisdiction of formation stating that it has been dissolved or disappeared as the result of a merger.
(2) If the secretary of state determines that one or more grounds for termination exist under subsection (1) of this section, the secretary of state shall deliver a notice of the determination to the registered foreign entity's registered agent or, if the entity does not have a registered agent, to the entity's principal office. The notice must state the grounds for termination under subsection (1) of this section.
(3) If the entity does not cure each ground for termination stated in the notice within sixty days after the notice is effective, the secretary of state shall terminate the registration of the foreign entity by filing a statement of termination that recites the ground or grounds for termination and the effective date of termination and delivering a copy of the statement of termination to the foreign entity.
(4) The authority of a registered foreign entity to do business in this state ceases on the effective date of termination shown on the statement of termination.
(5) The termination of a foreign entity's registration does not terminate the authority of the registered agent of the foreign entity.
NEW SECTION. Sec. 1512. ACTION BY ATTORNEY GENERAL. The attorney general may maintain an action to enjoin a foreign entity from doing business in this state in violation of this chapter.
ARTICLE 6
ADMINISTRATIVE DISSOLUTION
NEW SECTION. Sec. 1601. For the purposes of this Article 6, the term "domestic entity" does not include a domestic limited liability partnership.
NEW SECTION. Sec. 1602. GROUNDS. The secretary of state may commence a proceeding under section 1603 of this act to dissolve a domestic entity administratively if:
(1) The entity does not pay any fee, interest, or penalty required to be paid to the secretary of state when due;
(2) The entity does not deliver an annual report to the secretary of state not later than one hundred twenty days after it is due;
(3) The entity does not have a registered agent in this state for thirty consecutive days; or
(4) The entity's period of duration stated in its public organic record expired.
NEW SECTION. Sec. 1603. PROCEDURE AND EFFECT. (1) If the secretary of state determines that one or more grounds exist under section 1602 of this act for administratively dissolving a domestic entity, the secretary of state shall serve the entity pursuant to section 1211 of this act with notice in a record of the secretary of state's determination.
(2) If a domestic entity, not later than sixty days after service of the notice required by subsection (1) of this section, does not cure or demonstrate to the satisfaction of the secretary of state the nonexistence of each ground determined by the secretary of state, the secretary of state shall administratively dissolve the entity by executing a statement of administrative dissolution that recites the grounds for dissolution and the effective date of dissolution. The secretary of state shall file the statement and serve a copy on the entity pursuant to section 1211 of this act.
(3) A domestic entity that is dissolved administratively continues its existence as an entity but may not carry on any activities except as necessary to wind up its activities and affairs and liquidate its assets in the manner provided in its organic law or to apply for reinstatement under section 1604 of this act.
(4) The administrative dissolution of a domestic entity does not terminate the authority of its registered agent.
NEW SECTION. Sec. 1604. REINSTATEMENT. (1) A domestic entity that is dissolved administratively under section 1603 of this act may apply to the secretary of state for reinstatement not later than five years after the effective date of dissolution. The application must be executed by the entity and state:
(a) The name of the entity and a statement that the name satisfies section 1301 of this act; if the name does not satisfy section 1301 of this act, the entity must deliver with its application an amendment to its public organic record changing its name;
(b) The address of the principal office of the entity and the name and address of its registered agent;
(c) The effective date of the entity's administrative dissolution; and
(d) That the grounds for dissolution did not exist or have been cured.
(2) To be reinstated, an entity must pay the full amount of all annual license or renewal fees which would have been assessed during the period of administrative dissolution had the entity been in active status, plus a penalty fee established by the secretary of state by rule, and the license or renewal fee for the year of reinstatement.
(3) If the secretary of state determines that an application under subsection (1) of this section contains the information required by subsection (1) of this section, is satisfied that the information is correct, and determines that all payments required to be made to the secretary of state by subsection (2) of this section have been made, the secretary of state shall:
(a) Cancel the statement of administrative dissolution and prepare a statement of reinstatement that states the secretary of state's determination and the effective date of reinstatement;
(b) File the statement; and
(c) Serve a copy of the statement on the entity.
(4) When reinstatement under this section is effective as provided in section 1203 of this act:
(a) It relates back to and takes effect as of the effective date of the administrative dissolution; and
(b) The domestic entity resumes carrying on its activities and affairs as if the administrative dissolution had never occurred, except for the rights of a person arising out of an act or omission in reliance on the dissolution before the person knew or had reason to know of the reinstatement.
NEW SECTION. Sec. 1605. JUDICIAL REVIEW OF DENIAL OF REINSTATEMENT. (1) If the secretary of state denies a domestic entity's application for reinstatement following administrative dissolution, the secretary of state shall serve the entity with a notice in a record that explains the reasons for denial.
(2) An entity may seek judicial review of denial of reinstatement in the superior court not later than thirty days after service of the notice of denial.
NEW SECTION. Sec. 1606. ENTITY NAME NOT DISTINGUISHABLE FROM NAME OF GOVERNMENTAL ENTITY. (1) Any county, city, town, district, or other political subdivision of the state, or the state of Washington or any department or agency of the state, may apply to the secretary of state for the administrative dissolution, or the termination of registration, of any entity using a name that is not distinguishable from the name of the applicant for dissolution. The application must state the precise legal name of the governmental entity and its date of formation and the applicant shall mail a copy to the entity's registered agent. If the name of the entity is not distinguishable from the name of the applicant, then, except as provided in subsection (4) of this section, the secretary of state shall commence proceedings for administrative dissolution under section 1603 of this act or termination of registration under section 1511 of this act.
(2) A name may not be considered distinguishable by virtue of the items specified in section 1301(3) of this act.
(3)(a) The following are not distinguishable for purposes of this section:
(i) "City of Anytown" and "City of Anytown, Inc."; and
(ii) "City of Anytown" and "Anytown City."
(b) The following are distinguishable for purposes of this section:
(i) "City of Anytown" and "Anytown, Inc.";
(ii) "City of Anytown" and "The Anytown Company"; and
(iii) "City of Anytown" and "Anytown Cafe, Inc."
(4) If the entity that is the subject of the application was formed or registered before the formation of the applicant as a governmental entity, then this section applies only if the applicant for dissolution provides a certified copy of a final judgment of a court of competent jurisdiction determining that the applicant holds a superior property right to the name than does the entity.
(5) The duties of the secretary of state under this section are ministerial.
ARTICLE 7
MISCELLANEOUS PROVISIONS
NEW SECTION. Sec. 1701. RESERVATION OF POWER TO AMEND OR REPEAL. The legislature has power to amend or repeal all or part of this chapter at any time, and all domestic and foreign entities subject to this chapter are governed by the amendment or repeal.
NEW SECTION. Sec. 1702. SUPPLEMENTAL PRINCIPLES OF LAW. Unless displaced by particular provisions of this chapter, the principles of law and equity supplement this chapter.
NEW SECTION. Sec. 1703. RELATION TO ELECTRONIC SIGNATURES IN GLOBAL AND NATIONAL COMMERCE ACT. This chapter modifies, limits, and supersedes the electronic signatures in global and national commerce act, 15 U.S.C. Sec. 7001 et seq., but does not modify, limit, or supersede Sec. 101(c) of that act, 15 U.S.C. Sec. 7001(c), or authorize electronic delivery of any of the notices described in section 103(b) of that act, 15 U.S.C. Sec. 7003(b).
NEW SECTION. Sec. 1704. SAVINGS CLAUSE. The repeal of a statute by this act does not affect:
(1) The operation of the statute or any action taken under it before its repeal;
(2) Any ratification, right, remedy, privilege, obligation, or liability acquired, accrued, or incurred under the statute before its repeal;
(3) Any violation of the statute or any penalty, forfeiture, or punishment incurred because of the violation before its repeal; or
(4) Any proceeding, reorganization, or dissolution commenced under the statute before its repeal, and the proceeding, reorganization, or dissolution may be completed in accordance with the statute as if it had not been repealed.
ARTICLE 8
IMPLEMENTATION
NEW SECTION. Sec. 1801. Sections 1101 through 1704 of this act constitute a new chapter in Title 23 RCW.
NEW SECTION. Sec. 1802. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.
NEW SECTION. Sec. 1803. (1) Parts I, II, III, IV, V, VI, VIII, and IX of this act take effect January 1, 2016.
(2) Part VII of this act takes effect upon the effective date of chapter ..... (Substitute Senate Bill No. 5030), Laws of 2015.
PART II
BUSINESS CORPORATION ACT REVISIONS
Sec. 2101. RCW 23B.01.200 and 2002 c 297 s 1 are each amended to read as follows:
(1) A record required
or permitted by this title to be filed in the office of the secretary of state
must satisfy the requirements of part I, Article 2 of this act, this
section, and ((of)) any other section that adds to or varies from these
requirements, to be entitled to filing by the secretary of state.
(2) ((The
secretary of state may permit records to be filed through electronic
transmission. The secretary of state may adopt rules varying from these
requirements to facilitate electronic filing. These rules shall detail the
circumstances under which the electronic filing of records shall be permitted
and how such records shall be filed. These rules may also impose additional
requirements related to implementation of electronic filing processes including
but not limited to: File formats; signature technologies; the manner of
delivery; and the types of entities or records permitted.
(3) This title must
require or permit filing the record in the office of the secretary of state.
(4) The record must
contain the information required by this title. It may contain other
information as well.
(5) The record
must: (a) Be typewritten or printed, and must meet such legibility or other
standards as may be prescribed by the secretary of state; or (b) meet the
standards for electronic filing as may be prescribed by the secretary of state.
(6) The record must
be in the English language. A corporate name need not be in English if written
in English letters or Arabic or Roman numerals, and the certificate of
existence required of foreign corporations need not be in English if
accompanied by a reasonably authenticated English translation.
(7))) Unless otherwise
indicated in this title, all records ((submitted)) delivered to the
secretary of state for filing must be executed:
(a) By the chairperson of the board of directors of a domestic or foreign corporation, by its president, or by another of its officers;
(b) If directors have not been selected or the corporation has not been formed, by an incorporator; or
(c) If the corporation is in the hands of a receiver, trustee, or other court-appointed fiduciary, by that fiduciary.
(((8) The person
executing the record shall sign it and state beneath or opposite the signature
the name of the person and the capacity in which the person signs. The record may
but need not contain: (a) The corporate seal; (b) an attestation by the
secretary or an assistant secretary; or (c) an acknowledgment, verification, or
proof.
(9) If the
secretary of state has prescribed a mandatory form for the record under RCW
23B.01.210, the record must be in or on the prescribed form.
(10) The record
must be received by the office of the secretary of state for filing and, except
in the case of an electronic filing, must be accompanied by one exact or
conformed copy, the correct filing fee or charge, including license fee,
penalty and service fee, and any attachments which are required for the filing.))
Sec. 2102. RCW 23B.01.220 and 2002 c 297 s 3 are each amended to read as follows:
(((1))) Corporations
are subject to the applicable fees, charges, and penalties established by the
secretary of state ((shall collect in accordance with the provisions of this
title:
(a) Fees for filing
records and issuing certificates;
(b) Miscellaneous
charges;
(c) License fees as
provided in RCW 23B.01.500 through 23B.01.550;
(d) Penalty fees;
and
(e) Other fees as
the secretary of state may establish by rule adopted under chapter 34.05 RCW.
(2) The secretary
of state shall collect the following fees when the records described in this
subsection are delivered for filing:
One hundred
seventy-five dollars, pursuant to RCW 23B.01.520 and 23B.01.540, for:
(a) Articles of
incorporation; and
(b) Application for
certificate of authority.
(3) The secretary
of state shall establish by rule, fees for the following:
(a) Application for
reinstatement;
(b) Articles of
correction;
(c) Amendment of
articles of incorporation;
(d) Restatement of
articles of incorporation, with or without amendment;
(e) Articles of
merger or share exchange;
(f) Articles of
revocation of dissolution;
(g) Application for
amended certificate of authority;
(h) Application for
reservation, registration, or assignment of reserved name;
(i) Corporation's
statement of change of registered agent or registered office, or both, except
where this information is provided in conjunction with and on an initial report
or an annual report form filed under RCW 23B.01.530, 23B.01.550, 23B.02.050, or
23B.16.220;
(j) Agent's
resignation, or statement of change of registered office, or both, for each
affected corporation;
(k) Initial report;
and
(l) Any record not
listed in this subsection that is required or permitted to be filed under this title.
(4) Fees shall be
adjusted by rule only in an amount that does not exceed the average biennial
increase in the cost of providing service. This shall be determined in a
biennial cost study performed by the secretary of state.
(5) The secretary
of state shall not collect fees for:
(a) Agent's consent
to act as agent;
(b) Agent's
resignation, if appointed without consent;
(c) Articles of
dissolution;
(d) Certificate of
judicial dissolution;
(e) Application for
certificate of withdrawal; and
(f) Annual report
when filed concurrently with the payment of annual license fees.
(6) The secretary
of state shall collect a fee in an amount established by the secretary of state
by rule per defendant served, upon being served process under this title. The
party to a proceeding causing service of process is entitled to recover this
fee as costs if such party prevails in the proceeding.
(7) The secretary
of state shall establish by rule and collect a fee from every person or
organization:
(a) For furnishing
a certified copy of any record, instrument, or paper relating to a corporation;
(b) For furnishing
a certificate, under seal, attesting to the existence of a corporation, or any
other certificate; and
(c) For furnishing
copies of any record, instrument, or paper relating to a corporation, other
than of an initial report or an annual report.
(8) For annual
license fees for domestic and foreign corporations, see RCW 23B.01.500,
23B.01.510, 23B.01.530, and 23B.01.550. For penalties for nonpayment of annual
license fees and failure to complete annual report, see RCW 23B.01.570)) under section
1213 of this act and RCW 43.07.120.
Sec. 2103. RCW 23B.01.230 and 2002 c 297 s 4 are each amended to read as follows:
(((1) Except as
provided in subsection (2) of this section and RCW 23B.01.240(3), a record
accepted for filing is effective on the date it is filed by the secretary of
state and at the time on that date specified in the record. If no time is
specified in the record, the record is effective at the close of business on
the date it is filed by the secretary of state.
(2) If a record
specifies a delayed effective time and date, the record becomes effective at
the time and date specified. If a record specifies a delayed effective date but
no time is specified, the record is effective at the close of business on that
date. A delayed effective date for a record may not be later than the ninetieth
day after the date it is filed.
(3) When a record
is received for filing by the secretary of state in a form which complies with
the requirements of this title and which would entitle the record to be filed
on receipt, but the secretary of state's approval action occurs subsequent to
the date of receipt, the secretary of state's filing date shall relate back to
and be shown as the date on which the secretary of state first received the
record in acceptable form)) A record filed with the secretary of state is
effective as provided in section 1203 of this act, and may state a delayed
effective date and time in accordance with section 1203 of this act.
Sec. 2104. RCW 23B.01.240 and 2002 c 297 s 5 are each amended to read as follows:
(((1))) A
domestic or foreign corporation may correct a record filed by the secretary of
state ((if the record (a) contains an incorrect statement; or (b) was
defectively executed, attested, sealed, verified, or acknowledged.
(2) A record is
corrected:
(a) By preparing
articles of correction that (i) describe the record, including its filing date,
or attach a copy of it to the articles of correction, (ii) specify the
incorrect statement and the reason it is incorrect or the manner in which the
execution was defective, and (iii) correct the incorrect statement or defective
execution; and
(b) By delivering
the articles of correction to the secretary of state for filing.
(3) Articles of
correction are effective on the effective date of the record they correct
except as to persons relying on the uncorrected record and adversely affected
by the correction. As to those persons, articles of correction are effective
when filed))
in accordance with section 1205 of this act.
Sec. 2105. RCW 23B.01.250 and 2002 c 297 s 6 are each amended to read as follows:
(((1) If a
record delivered to the office of the secretary of state for filing satisfies
the requirements of RCW 23B.01.200, the secretary of state shall file it.
(2)(a) The
secretary of state files a record: (i) In the case of a record in a tangible
medium, by stamping or otherwise endorsing "Filed," together with the
secretary of state's name and official title and the date of filing, on both
the original and the record copy; and (ii) in the case of an electronically
transmitted record, by the electronic processes as may be prescribed by the
secretary of state from time to time that result in the information required by
(a)(i) of this subsection being permanently attached to or associated with such
electronically transmitted record.
(b) After filing a
record, the secretary of state shall deliver a record of the filing to the
domestic or foreign corporation or its representative either: (i) In a written
copy of the filing; or (ii) if the corporation has designated an address,
location, or system to which the record may be electronically transmitted and
the secretary of state elects to provide the record by electronic transmission,
in an electronically transmitted record of the filing.
(3) If the
secretary of state refuses to file a record, the secretary of state shall
return it to the domestic or foreign corporation or its representative,
together with a brief explanation of the reason for the refusal. The
explanation shall be either: (a) In a written record or (b) if the corporation
has designated an address, location, or system to which the explanation may be
electronically transmitted and the secretary of state elects to provide the
explanation by electronic transmission, in an electronically transmitted
record.
(4) The secretary
of state's duty to file records under this section is ministerial. Filing or
refusal to file a record does not:
(a) Affect the
validity or invalidity of the record in whole or part;
(b) Relate to the
correctness or incorrectness of information contained in the record; or
(c) Create a
presumption that the record is valid or invalid or that information contained
in the record is correct or incorrect)) Section 1206 of this act governs the
secretary of state's duty to file records delivered to the secretary of state
for filing, the manner and effect of filing, and procedures that apply when the
secretary of state refuses to file a record.
Sec. 2106. RCW 23B.01.280 and 1991 c 72 s 27 are each amended to read as follows:
(((1))) Any
person may apply to the secretary of state under section 1208 of this act
to furnish a certificate of existence for a domestic corporation or a
certificate of ((authorization)) registration for a foreign
corporation.
(((2) A
certificate of existence or authorization means that as of the date of its
issuance:
(a) The domestic
corporation is duly incorporated under the laws of this state, or that the
foreign corporation is authorized to transact business in this state;
(b) All fees and
penalties owed to this state under this title have been paid, if (i) payment is
reflected in the records of the secretary of state, and (ii) nonpayment affects
the existence or authorization of the domestic or foreign corporation;
(c) The
corporation's initial report or its most recent annual report required by RCW
23B.16.220 has been delivered to the secretary of state; and
(d) Articles of
dissolution or an application for withdrawal have not been filed by the
secretary of state.
(3) A person may
apply to the secretary of state to issue a certificate covering any fact of
record.
(4) Subject to any
qualification stated in the certificate, a certificate of existence or
authorization issued by the secretary of state may be relied upon as conclusive
evidence that the domestic or foreign corporation is in existence or is
authorized to transact business in the corporate form in this state.))
Sec. 2107. RCW 23B.01.290 and 1989 c 165 s 12 are each amended to read as follows:
((Any person who
signs a document such person knows is false in any material respect with intent
that the document be delivered to the secretary of state for filing is guilty
of a gross misdemeanor punishable under chapter 9A.20 RCW)) Section 1209
of this act governs the penalty that applies for executing a false record that
is intended to be delivered to the secretary of state for filing.
Sec. 2108. RCW 23B.01.410 and 2009 c 189 s 2 are each amended to read as follows:
(1) Notice under this title must be provided in the form of a record, except that oral notice of any meeting of the board of directors may be given if expressly authorized by the articles of incorporation or bylaws.
(2) Permissible means of transmission.
(a) Oral notice. Oral notice may be communicated in person, by telephone, wire, or wireless equipment which does not transmit a facsimile of the notice, or by any electronic means which does not create a record. If these forms of oral notice are impracticable, oral notice may be communicated by radio, television, or other form of public broadcast communication.
(b) Notice provided in a tangible medium. Notice may be provided in a tangible medium and be transmitted by mail, private carrier, or personal delivery; telegraph or teletype; or telephone, wire, or wireless equipment which transmits a facsimile of the notice. If these forms of notice in a tangible medium are impracticable, notice in a tangible medium may be transmitted by an advertisement in a newspaper of general circulation in the area where published.
(c) Notice provided in an electronic transmission.
(i) Notice may be provided in an electronic transmission and be electronically transmitted.
(ii) Notice to shareholders or directors in an electronic transmission is effective only with respect to shareholders and directors that have consented, in the form of a record, to receive electronically transmitted notices under this title and designated in the consent the address, location, or system to which these notices may be electronically transmitted and with respect to a notice that otherwise complies with any other requirements of this title and applicable federal law.
(A) Notice to shareholders or directors for this purpose includes material that this title requires to accompany the notice.
(B) A shareholder or director who has consented to receipt of electronically transmitted notices may revoke this consent by delivering a revocation to the corporation in the form of a record.
(C) The consent of any shareholder or director is revoked if (I) the corporation is unable to electronically transmit two consecutive notices given by the corporation in accordance with the consent, and (II) this inability becomes known to the secretary of the corporation, the transfer agent, or any other person responsible for giving the notice. The inadvertent failure by the corporation to treat this inability as a revocation does not invalidate any meeting or other corporate action.
(iii) Notice to shareholders or directors who have consented to receipt of electronically transmitted notices may be provided by (A) posting the notice on an electronic network and (B) delivering to the shareholder or director a separate record of the posting, together with comprehensible instructions regarding how to obtain access to the posting on the electronic network.
(iv) Notice to a domestic or foreign corporation, authorized to transact business in this state, in an electronic transmission is effective only with respect to a corporation that has designated in a record an address, location, or system to which the notices may be electronically transmitted.
(d) Materials accompanying notice to shareholders of public companies. Notwithstanding anything to the contrary in this section or any other section of this title, if this title requires that a notice to shareholders be accompanied by certain material, a public company may satisfy such a requirement, whether or not a shareholder has consented to receive electronically transmitted notice, by (i) posting the material on an electronic network (either separate from, or in combination or as part of, any other materials the public company has posted on the electronic network in compliance with applicable federal law) at or prior to the time that the notice is delivered to the public company's shareholders entitled to receive the notice, and (ii) delivering to the public company's shareholders entitled to receive the notice a separate record of the posting (which record may accompany, or be contained in, the notice), together with comprehensible instructions regarding how to obtain access to the posting on the electronic network. In such a case, the material is deemed to have been delivered to the public company's shareholders at the time the notice to the shareholders is effective under this section. A public company that elects pursuant to this section to post on an electronic network any material required by this title to accompany a notice to shareholders is required, at its expense, to provide a copy of the material in a tangible medium (alone or in combination or as part of any other materials the public company has posted on the electronic network in compliance with federal law) to any shareholder entitled to such a notice who so requests.
(3) Effective time and date of notice.
(a) Oral notice. Oral notice is effective when received.
(b) Notice provided in a tangible medium.
(i) Notice in a tangible medium, if in a comprehensible form, is effective at the earliest of the following:
(A) If expressly authorized by the articles of incorporation or bylaws, and if notice is sent to the person's address, telephone number, or other number appearing on the records of the corporation, when dispatched by telegraph, teletype, or facsimile equipment;
(B) When received;
(C) Except as provided in (b)(ii) of this subsection, five days after its deposit in the United States mail, as evidenced by the postmark, if mailed with first-class postage, prepaid and correctly addressed; or
(D) On the date shown on the return receipt, if sent by registered or certified mail, return receipt requested, and the receipt is signed by or on behalf of the addressee.
(ii) Notice in a tangible medium by a domestic or foreign corporation to its shareholder, if in a comprehensible form and correctly addressed to the shareholder's address shown in the corporation's current record of shareholders, is effective:
(A) When mailed, if mailed with first-class postage prepaid; and
(B) When dispatched, if prepaid, by air courier.
(iii) Notice in a
tangible medium to a domestic or foreign corporation, authorized to transact
business in this state, may be addressed to the corporation's registered agent
((at its registered office)) or to the corporation or its secretary at
its principal office shown in its most recent annual report, or in the case of
a foreign corporation that has not yet delivered its annual report in its ((application
for a certificate of authority)) foreign registration statement.
(c) Notice provided in an electronic transmission. Notice provided in an electronic transmission, if in comprehensible form, is effective when it: (i) Is electronically transmitted to an address, location, or system designated by the recipient for that purpose; or (ii) has been posted on an electronic network and a separate record of the posting has been delivered to the recipient together with comprehensible instructions regarding how to obtain access to the posting on the electronic network.
(4) If this title prescribes notice requirements for particular circumstances, those requirements govern. If articles of incorporation or bylaws prescribe notice requirements, not inconsistent with this section or other provisions of this title, those requirements govern.
Sec. 2109. RCW 23B.01.520 and 1989 c 165 s 18 are each amended to read as follows:
For the privilege
of doing business, every
domestic corporation, except one for which existing law provides a different
fee schedule, shall pay a fee for the filing of its articles of incorporation
and its first year's license ((a fee of one hundred seventy-five dollars)),
and an annual license fee for each year following incorporation on or before
the expiration of its corporate license, in an amount established by the
secretary of state under section 1213 of this act.
Sec. 2110. RCW 23B.01.540 and 1989 c 165 s 20 are each amended to read as follows:
A foreign
corporation doing an intrastate business or seeking to do an intrastate
business in the state of Washington shall ((qualify so to do in the manner
prescribed in this title and shall)) pay for the privilege of so doing the same
filing and annual license fees prescribed in ((this title for
domestic corporations, including the same fees as are prescribed in)) RCW
23B.01.520((, for the filing of articles of incorporation of a domestic
corporation)) for domestic corporations.
Sec. 2111. RCW 23B.01.570 and 1994 c 287 s 6 are each amended to read as follows:
In the event any
corporation, foreign or domestic, fails to file a full and complete initial
report under ((RCW 23B.02.050(4) and 23B.16.220(3))) section 1212 of
this act or does business in this state without having paid its annual
corporate license fee and without having filed a substantially complete annual
report under ((RCW 23B.16.220(1))) section 1212 of this act when
either is due, there shall become due and owing the state of Washington a
penalty as established by rule by the secretary under section 1213 of this
act.
A corporation
organized under this title may at any time prior to its dissolution as provided
in ((RCW 23B.14.200)) part I, Article 6 of this act, and a
foreign corporation ((qualified)) registered to do business in
this state may at any time prior to the ((revocation of its certificate of
authority)) termination of its registration as provided in ((RCW
23B.15.300)) section 1511 of this act, pay to the state of
Washington its current annual license fee, provided it also pays an amount
equal to all previously unpaid annual license fees plus the penalty established
by rule by the secretary under section 1213 of this act.
Sec. 2112. RCW 23B.02.020 and 2009 c 189 s 3 are each amended to read as follows:
(1) The articles of incorporation must set forth:
(a) A corporate
name for the corporation that satisfies the requirements of ((RCW 23B.04.010))
part I, Article 3 of this act;
(b) The number of shares the corporation is authorized to issue in accordance with RCW 23B.06.010 and 23B.06.020;
(c) The ((street
address of the corporation's initial registered office and the)) name and
address of its initial registered agent ((at that office)) designated
in accordance with ((RCW 23B.05.010)) part I, Article 4 of this act;
and
(d) The name and address of each incorporator in accordance with RCW 23B.02.010.
(2) The articles of incorporation or bylaws must either specify the number of directors or specify the process by which the number of directors will be fixed, unless the articles of incorporation dispense with a board of directors pursuant to RCW 23B.08.010.
(3) Unless its articles of incorporation provide otherwise, a corporation is governed by the following provisions:
(a) The board of directors may adopt bylaws to be effective only in an emergency as provided by RCW 23B.02.070;
(b) A corporation has the purpose of engaging in any lawful business under RCW 23B.03.010;
(c) A corporation has perpetual existence and succession in its corporate name under RCW 23B.03.020;
(d) A corporation has the same powers as an individual to do all things necessary or convenient to carry out its business and affairs, including itemized powers under RCW 23B.03.020;
(e) All shares are of one class and one series, have unlimited voting rights, and are entitled to receive the net assets of the corporation upon dissolution under RCW 23B.06.010 and 23B.06.020;
(f) If more than one class of shares is authorized, all shares of a class must have preferences, limitations, and relative rights identical to those of other shares of the same class under RCW 23B.06.010;
(g) If the board of directors is authorized to designate the number of shares in a series, the board may, after the issuance of shares in that series, reduce the number of authorized shares of that series under RCW 23B.06.020;
(h) The board of directors must approve any issuance of shares under RCW 23B.06.210;
(i) Shares may be issued pro rata and without consideration to shareholders under RCW 23B.06.230;
(j) Shares of one class or series may not be issued as a share dividend with respect to another class or series, unless there are no outstanding shares of the class or series to be issued, or a majority of votes entitled to be cast by such class or series approve as provided in RCW 23B.06.230;
(k) A corporation may issue rights, options, or warrants for the purchase of shares of the corporation under RCW 23B.06.240;
(l) A shareholder has, and may waive, a preemptive right to acquire the corporation's unissued shares as provided in RCW 23B.06.300;
(m) Shares of a corporation acquired by it may be reissued under RCW 23B.06.310;
(n) The board may authorize and the corporation may make distributions not prohibited by statute under RCW 23B.06.400;
(o) The preferential rights upon dissolution of certain shareholders will be considered a liability for purposes of determining the validity of a distribution under RCW 23B.06.400;
(p) Corporate action may be approved by shareholders by unanimous consent of all shareholders entitled to vote on the corporate action, unless the approval of a lesser number of shareholders is permitted as provided in RCW 23B.07.040, which shareholder consent shall be in the form of a record;
(q) Unless this title requires otherwise, the corporation is required to give notice only to shareholders entitled to vote at a meeting and the notice for an annual meeting need not include the purpose for which the meeting is called under RCW 23B.07.050;
(r) A corporation that is a public company shall hold a special meeting of shareholders if the holders of at least ten percent of the votes entitled to be cast on any issue proposed to be considered at the meeting demand a meeting under RCW 23B.07.020;
(s) Subject to statutory exceptions, each outstanding share, regardless of class, is entitled to one vote on each matter voted on at a shareholders' meeting under RCW 23B.07.210;
(t) A majority of the votes entitled to be cast on a matter by a voting group constitutes a quorum, unless the title provides otherwise under RCW 23B.07.250 and 23B.07.270;
(u) Corporate action on a matter, other than election of directors, by a voting group is approved if the votes cast within the voting group favoring the corporate action exceed the votes cast opposing the corporate action, unless this title requires a greater number of affirmative votes under RCW 23B.07.250;
(v) All shares of one or more classes or series that are entitled to vote will be counted together collectively on any matter at a meeting of shareholders under RCW 23B.07.260;
(w) Directors are elected by cumulative voting under RCW 23B.07.280;
(x) Directors are elected by a plurality of votes cast by shares entitled to vote under RCW 23B.07.280, except as otherwise provided in the articles of incorporation or a bylaw adopted pursuant to RCW 23B.10.205;
(y) A corporation must have a board of directors under RCW 23B.08.010;
(z) All corporate powers must be exercised by or under the authority of, and the business and affairs of the corporation managed under the direction of, its board of directors under RCW 23B.08.010;
(aa) The shareholders may remove one or more directors with or without cause under RCW 23B.08.080;
(bb) A vacancy on the board of directors may be filled by the shareholders or the board of directors under RCW 23B.08.100;
(cc) A corporation shall indemnify a director who was wholly successful in the defense of any proceeding to which the director was a party because the director is or was a director of the corporation against reasonable expenses incurred by the director in connection with the proceeding under RCW 23B.08.520;
(dd) A director of a corporation who is a party to a proceeding may apply for indemnification of reasonable expenses incurred by the director in connection with the proceeding to the court conducting the proceeding or to another court of competent jurisdiction under RCW 23B.08.540;
(ee) An officer of the corporation who is not a director is entitled to mandatory indemnification under RCW 23B.08.520, and is entitled to apply for court-ordered indemnification under RCW 23B.08.540, in each case to the same extent as a director under RCW 23B.08.570;
(ff) The corporation may indemnify and advance expenses to an officer, employee, or agent of the corporation who is not a director to the same extent as to a director under RCW 23B.08.570;
(gg) A corporation may indemnify and advance expenses to an officer, employee, or agent who is not a director to the extent, consistent with law, that may be provided by its articles of incorporation, bylaws, general or specific approval of its board of directors, or contract under RCW 23B.08.570;
(hh) A corporation's board of directors may adopt certain amendments to the corporation's articles of incorporation without shareholder approval under RCW 23B.10.020;
(ii) Unless this title or the board of directors requires a greater vote or a vote by voting groups, an amendment to the corporation's articles of incorporation must be approved by each voting group entitled to vote on the proposed amendment by two-thirds, or, in the case of a public company, a majority, of all the votes entitled to be cast by that voting group under RCW 23B.10.030;
(jj) A corporation's board of directors may amend or repeal the corporation's bylaws unless this title reserves this power exclusively to the shareholders in whole or in part, or unless the shareholders in amending or repealing a bylaw provide expressly that the board of directors may not amend or repeal that bylaw under RCW 23B.10.200;
(kk) Unless this title or the board of directors require a greater vote or a vote by voting groups, a plan of merger or share exchange must be approved by each voting group entitled to vote on the merger or share exchange by two-thirds of all the votes entitled to be cast by that voting group under RCW 23B.11.030;
(ll) Approval by the shareholders of the sale, lease, exchange, or other disposition of all, or substantially all, the corporation's property in the usual and regular course of business is not required under RCW 23B.12.010;
(mm) Approval by the shareholders of the mortgage, pledge, dedication to the repayment of indebtedness, or other encumbrance of any or all of the corporation's property, whether or not in the usual and regular course of business, is not required under RCW 23B.12.010;
(nn) Unless the board of directors requires a greater vote or a vote by voting groups, a sale, lease, exchange, or other disposition of all or substantially all of the corporation's property, other than in the usual and regular course of business, must be approved by each voting group entitled to vote on such transaction by two-thirds of all votes entitled to be cast by that voting group under RCW 23B.12.020; and
(oo) Unless the board of directors requires a greater vote or a vote by voting groups, a proposal to dissolve must be approved by each voting group entitled to vote on the dissolution by two-thirds of all votes entitled to be cast by that voting group under RCW 23B.14.020.
(4) Unless its articles of incorporation or its bylaws provide otherwise, a corporation is governed by the following provisions:
(a) The board of directors may approve the issuance of some or all of the shares of any or all of the corporation's classes or series without certificates under RCW 23B.06.260;
(b) A corporation that is not a public company shall hold a special meeting of shareholders if the holders of at least ten percent of the votes entitled to be cast on any issue proposed to be considered at the meeting demand a meeting under RCW 23B.07.020;
(c) A director need not be a resident of this state or a shareholder of the corporation under RCW 23B.08.020;
(d) The board of directors may fix the compensation of directors under RCW 23B.08.110;
(e) Members of the board of directors may participate in a meeting of the board by any means of similar communication by which all directors participating can hear each other during the meeting under RCW 23B.08.200;
(f) Corporate action permitted or required by this title to be taken at a board of directors' meeting may be approved without a meeting if approved by all members of the board under RCW 23B.08.210;
(g) Regular meetings of the board of directors may be held without notice of the date, time, place, or purpose of the meeting under RCW 23B.08.220;
(h) Special meetings of the board of directors must be preceded by at least two days' notice of the date, time, and place of the meeting, and the notice need not describe the purpose of the special meeting under RCW 23B.08.220;
(i) A quorum of a board of directors consists of a majority of the number of directors under RCW 23B.08.240;
(j) If a quorum is present when a vote is taken, the affirmative vote of a majority of directors present is the act of the board of directors under RCW 23B.08.240;
(k) A board of directors may create one or more committees and appoint members of the board of directors to serve on them under RCW 23B.08.250; and
(l) Unless approved by the shareholders, a corporation may indemnify, or make advances to, a director for reasonable expenses incurred in the defense of any proceeding to which the director was a party because of being a director only to the extent such action is consistent with RCW 23B.08.500 through 23B.08.580.
(5) The articles of incorporation may contain the following provisions:
(a) The names and addresses of the individuals who are to serve as initial directors;
(b) The par value of any authorized shares or classes of shares;
(c) Provisions not inconsistent with law related to the management of the business and the regulation of the affairs of the corporation;
(d) Any provision that under this title is required or permitted to be set forth in the bylaws;
(e) Provisions not inconsistent with law defining, limiting, and regulating the powers of the corporation, its board of directors, and shareholders;
(f) Provisions authorizing corporate action to be approved by consent of less than all of the shareholders entitled to vote on the corporate action, in accordance with RCW 23B.07.040;
(g) If the articles of incorporation authorize dividing shares into classes, the election of all or a specified number of directors may be effected by the holders of one or more authorized classes of shares under RCW 23B.08.040;
(h) The terms of directors may be staggered under RCW 23B.08.060;
(i) Shares may be redeemable or convertible (i) at the option of the corporation, the shareholder, or another person, or upon the occurrence of a designated event; (ii) for cash, indebtedness, securities, or other property; or (iii) in a designated amount or in an amount determined in accordance with a designated formula or by reference to extrinsic data or events under RCW 23B.06.010; and
(j) A director's personal liability to the corporation or its shareholders for monetary damages for conduct as a director may be eliminated or limited under RCW 23B.08.320.
(6) The articles of incorporation or the bylaws may contain the following provisions:
(a) A restriction on the transfer or registration of transfer of the corporation's shares under RCW 23B.06.270;
(b) Shareholders may participate in a meeting of shareholders by any means of communication by which all persons participating in the meeting can hear each other under RCW 23B.07.080;
(c) A quorum of the board of directors may consist of as few as one-third of the number of directors under RCW 23B.08.240;
(d) If the corporation is registered as an investment company under the investment company act of 1940, a provision limiting the requirement to hold an annual meeting of shareholders as provided in RCW 23B.07.010(2); and
(e) If the corporation is registered as an investment company under the investment company act of 1940, a provision establishing terms of directors which terms may be longer than one year as provided in RCW 23B.05.050.
(7) The articles of incorporation need not set forth any of the corporate powers enumerated in this title.
Sec. 2113. RCW 23B.02.050 and 2009 c 189 s 4 are each amended to read as follows:
(1) After incorporation:
(a) If initial directors are named in the articles of incorporation, the initial directors shall hold an organizational meeting, at the call of a majority of the directors, to complete the organization of the corporation by appointing officers, adopting bylaws, and carrying on any other business brought before the meeting;
(b) If initial directors are not named in the articles, the incorporator or incorporators shall hold an organizational meeting at the call of a majority of the incorporators:
(i) To elect directors and complete the organization of the corporation; or
(ii) To elect a board of directors who shall complete the organization of the corporation.
(2) Corporate action required or permitted by this title to be approved by incorporators at an organizational meeting may be approved without a meeting if the approval is evidenced by the consent of each of the incorporators in the form of a record describing the corporate action so approved and executed by each incorporator.
(3) An organizational meeting may be held in or out of this state.
(4) A ((corporation's
initial report containing the information described in RCW 23B.16.220(1))) corporation
must ((be delivered)) deliver an initial report to the secretary
of state ((within one hundred twenty days of the date on which the
corporation's articles of incorporation were filed)) in accordance with
section 1212 of this act.
Sec. 2114. RCW 23B.04.010 and 2012 c 215 s 18 are each amended to read as follows:
(((1))) A
corporate name((:
(a) Must contain
the word "corporation," "incorporated,"
"company," or "limited," or the abbreviation
"corp.," "inc.," "co.," or "ltd.";
(b) Must not
contain language stating or implying that the corporation is organized for a
purpose other than those permitted by RCW 23B.03.010 and its articles of
incorporation;
(c) Must not
contain any of the following words or phrases:
"Bank,"
"banking," "banker," "trust,"
"cooperative," or any combination of the words "industrial"
and "loan," or any combination of any two or more of the words
"building," "savings," "loan," "home,"
"association," and "society," or any other words or phrases
prohibited by any statute of this state; and
(d) Except as
authorized by subsections (2) and (3) of this section, must be distinguishable
upon the records of the secretary of state from:
(i) The corporate
name of a corporation incorporated or authorized to transact business in this
state;
(ii) A corporate
name reserved or registered under chapter 23B.04 RCW;
(iii) The
fictitious name adopted under RCW 23B.15.060 by a foreign corporation authorized
to transact business in this state because its real name is unavailable;
(iv) The corporate
name or reserved name of a not-for-profit corporation incorporated or
authorized to conduct affairs in this state under chapter 24.03 RCW;
(v) The name or reserved
name of a mutual corporation or miscellaneous corporation incorporated or
authorized to do business under chapter 24.06 RCW;
(vi) The name or
reserved name of a foreign or domestic limited partnership formed or registered
under chapter 25.10 RCW;
(vii) The name or
reserved name of a limited liability company organized or registered under
chapter 25.15 RCW;
(viii) The name or
reserved name of a limited liability partnership registered under chapter 25.04
RCW; and
(ix) The name or
reserved name of a social purpose corporation registered under chapter 23B.25
RCW.
(2) A corporation
may apply to the secretary of state for authorization to use a name that is not
distinguishable upon the records from one or more of the names described in
subsection (1) of this section. The secretary of state shall authorize use of
the name applied for if:
(a) The other
corporation, company, holder, limited liability partnership, or limited
partnership consents to the use in writing and files with the secretary of
state documents necessary to change its name or the name reserved or registered
to a name that is distinguishable upon the records of the secretary of state
from the name of the applying corporation; or
(b) The applicant
delivers to the secretary of state a certified copy of the final judgment of a
court of competent jurisdiction establishing the applicant's right to use the
name applied for in this state.
(3) A corporation
may use the name, including the fictitious name, of another domestic or foreign
corporation, limited liability company, limited partnership, or limited
liability partnership, that is used in this state if the other entity is formed
or authorized to transact business in this state, and the proposed user
corporation:
(a) Has merged with
the other corporation, limited liability company, or limited partnership; or
(b) Has been formed
by reorganization of the other corporation.
(4) This title does
not control the use of assumed business names or "trade names."
(5) A name shall
not be considered distinguishable upon the records of the secretary of state by
virtue of:
(a) A variation in
any of the following designations for the same name: "Corporation,"
"incorporated," "company," "limited,"
"partnership," "limited partnership," "limited
liability company," "limited liability partnership," or
"social purpose corporation," or the abbreviations "corp.,"
"inc.," "co.," "ltd.," "LP,"
"L.P.," "LLP," "L.L.P.," "LLC,"
"L.L.C." "SPC," or "S.P.C.";
(b) The addition or
deletion of an article or conjunction such as "the" or
"and" from the same name;
(c) Punctuation,
capitalization, or special characters or symbols in the same name; or
(d) Use of
abbreviation or the plural form of a word in the same name)) must comply
with the requirements of part I, Article 3 of this act.
Sec. 2115. RCW 23B.04.020 and 1989 c 165 s 38 are each amended to read as follows:
(((1))) A
person may reserve the exclusive use of a corporate name((, including a
fictitious name adopted pursuant to RCW 23B.15.060 for a foreign corporation
whose corporate name is not available, by delivering an application to the
secretary of state for filing. The application must set forth the name and
address of the applicant and the name proposed to be reserved. If the secretary
of state finds that the corporate name applied for is available, the secretary
of state shall reserve the name for the applicant's exclusive use for a
nonrenewable one hundred eighty-day period.
(2) The owner of a
reserved corporate name may transfer the reservation to another person by
delivering to the secretary of state a signed notice of the transfer that
states the name and address of the transferee)) in accordance with section
1303 of this act.
Sec. 2116. RCW 23B.04.030 and 1989 c 165 s 39 are each amended to read as follows:
(((1))) A
foreign corporation may register its corporate name((, or its corporate name
with any addition required by RCW 23B.15.060, if the name is distinguishable
upon the records of the secretary of state from the names specified in RCW
23B.04.010(1).
(2) A foreign
corporation registers its corporate name, or its corporate name with any
addition required by RCW 23B.15.060, by delivering to the secretary of state
for filing an application that:
(a) Sets forth its
corporate name, or its corporate name with any addition required by RCW
23B.15.060, and the state or country and date of its incorporation; and
(b) Is accompanied
by a certificate of existence, or a document of similar import, from the state
or country of incorporation.
(3) The name is
registered for the applicant's exclusive use upon the effective date of the
application and until the close of the calendar year in which the application
for registration is filed.
(4) A foreign
corporation whose registration is effective may renew it for successive years
by delivering to the secretary of state for filing a renewal application, which
complies with the requirements of subsection (2) of this section, between
October 1 and December 31 of the preceding year. The renewal application when
filed renews the registration for the following calendar year.
(5) A foreign
corporation whose registration is effective may thereafter qualify as a foreign
corporation under the registered name, or consent in writing to the use of that
name by a corporation thereafter incorporated under this title, by a limited
partnership thereafter formed under chapter 25.10 RCW, or by another foreign
corporation or limited partnership thereafter authorized to transact business
in this state. The registration terminates when the domestic corporation is
incorporated or the domestic limited partnership is formed, or the foreign
corporation qualifies or consents to the qualification of another foreign
corporation or limited partnership under the registered name)) in accordance
with section 1304 of this act.
Sec. 2117. RCW 23B.05.010 and 2002 c 297 s 15 are each amended to read as follows:
(((1))) Each
corporation must continuously maintain in this state((:
(a) A registered
office that may be the same as any of its places of business. The registered
office shall be at a specific geographic location in this state, and be
identified by number, if any, and street, or building address or rural route,
or, if a commonly known street or rural route address does not exist, by legal
description. A registered office may not be identified by post office box
number or other nongeographic address. For purposes of communicating by mail,
the secretary of state may permit the use of a post office address in
conjunction with the registered office address if the corporation also
maintains on file the specific geographic address of the registered office
where personal service of process may be made;
(b) A registered
agent that may be:
(i) An individual
residing in this state whose business office is identical with the registered
office;
(ii) A domestic
corporation or not-for-profit domestic corporation whose business office is
identical with the registered office;
(iii) A foreign
corporation or not-for-profit foreign corporation authorized to conduct affairs
in this state whose business office is identical with the registered office;
(iv) A domestic
limited liability company whose business office is identical with the
registered office; or
(v) A foreign
limited liability company authorized to conduct affairs in this state whose
business office is identical with the registered office.
(2) A registered
agent shall not be appointed without having given prior consent in a record to
the appointment. The consent shall be filed with the secretary of state in such
form as the secretary of state may prescribe. The consent shall be filed with
or as a part of the record first appointing a registered agent. In the event
any individual, corporation, or limited liability company has been appointed
agent without consent, that person, corporation, or limited liability company
may file a notarized statement attesting to that fact, and the name shall
immediately be removed from the records of the secretary of state)) a registered
agent in accordance with part I, Article 4 of this act.
Sec. 2118. RCW 23B.05.020 and 2002 c 297 s 16 are each amended to read as follows:
(1) A corporation
may change its ((registered office or)) registered agent ((by
delivering to the secretary of state for filing a statement of change that sets
forth:
(a) The name of the
corporation;
(b) If the current
registered office is to be changed, the street address of the new registered
office in accord with RCW 23B.05.010(1)(a);
(c) If the current
registered agent is to be changed, the name of the new registered agent and the
new agent's consent in a record, either on the statement or attached to it in a
manner and form as the secretary of state may prescribe, to the appointment;
and
(d) That after the
change or changes are made, the street addresses of its registered office and
the business office of its registered agent will be identical)) in accordance
with section 1407 of this act.
(2) ((If)) A
registered agent ((changes the street address of the agent's business
office, the registered agent may change the street address of the registered
office of any corporation for which the agent is the registered agent by
notifying the corporation of the change either (a) in a written record, or (b)
if the corporation has designated an address, location, or system to which the
notices may be electronically transmitted and the registered agent
electronically transmits the notice to the corporation at the designated
address, location, or system, in an electronically transmitted record and
delivering to the secretary of state for filing a statement that complies with
the requirements of subsection (1) of this section and recites that the
corporation has been notified of the change)) may change its information
on file with the secretary of state in accordance with section 1408 or 1409 of
this act.
Sec. 2119. RCW 23B.05.030 and 1989 c 165 s 42 are each amended to read as follows:
(((1))) A
registered agent may resign as agent by ((signing and)) delivering to
the secretary of state for filing a statement of resignation in accordance
with section 1410 of this act. ((The statement may include a statement
that the registered office is also discontinued.
(2) After filing
the statement the secretary of state shall mail a copy of the statement to the
corporation at its principal office.
(3) The agency
appointment is terminated, and the registered office discontinued if so
provided, on the 31st day after the date on which the statement was filed.))
Sec. 2120. RCW 23B.05.040 and 1989 c 165 s 43 are each amended to read as follows:
(((1) A
corporation's registered agent is the corporation's agent for)) Service
of process, notice, or demand required or permitted by law to be served on the
corporation may be made in accordance with section 1411 of this act.
(((2) The
secretary of state shall be an agent of a corporation upon whom any such
process, notice, or demand may be served if:
(a) The corporation
fails to appoint or maintain a registered agent in this state; or
(b) The registered
agent cannot with reasonable diligence be found at the registered office.
(3) Service on the
secretary of state of any such process, notice, or demand shall be made by
delivering to and leaving with the secretary of state, or with any duly
authorized clerk of the corporation department of the secretary of state's
office, the process, notice, or demand. In the event any such process, notice,
or demand is served on the secretary of state, the secretary of state shall
immediately cause a copy thereof to be forwarded by certified mail, addressed
to the secretary of the corporation at the corporation's principal office as
shown on the records of the secretary of state. Any service so had on the
secretary of state shall be returnable in not less than thirty days.
(4) The secretary
of state shall keep a record of all processes, notices, and demands served upon
the secretary of state under this section, and shall record therein the time of
such service and the secretary of state's action with reference thereto.
(5) This section
does not limit or affect the right to serve any process, notice, or demand
required or permitted by law to be served upon a corporation in any other
manner now or hereafter permitted by law.))
Sec. 2121. RCW 23B.09.040 and 2014 c 83 s 12 are each amended to read as follows:
(1) After a plan of entity conversion by a domestic corporation converting into an other entity has been adopted and approved as required by this chapter, articles of entity conversion must be signed on behalf of the domestic corporation by any officer or other duly authorized representative and must be delivered to the secretary of state for filing.
(2) After the conversion of an other entity into a domestic corporation has been adopted and approved as required by the organic law of the converting entity, articles of entity conversion must be signed on behalf of the converting entity by any officer or other duly authorized representative and must be delivered to the secretary of state for filing.
(3) The articles of entity conversion must set forth:
(a) A statement that the converting entity has been converted into the surviving entity;
(b) The name and form of the converting entity before conversion;
(c) The name and
form of the surviving entity after conversion, which must be a name that
satisfies the requirements of ((RCW 23B.04.010)) part I, Article 3 of
this act if the surviving entity after conversion is a domestic
corporation;
(d) Articles of incorporation that comply with RCW 23B.02.020 if the surviving entity after conversion is a domestic corporation;
(e) The date the conversion is effective under the organic law of the surviving entity;
(f) If the converting entity is a domestic corporation, a statement that the conversion was duly approved by the shareholders of the domestic corporation pursuant to RCW 23B.09.030;
(g) If the converting entity is an other entity, a statement that the conversion was duly approved as required by the organic law of the converting entity; and
(h) If the
surviving entity is a foreign other entity not authorized to transact business
in this state: (i) A statement that the surviving entity ((appoints the
secretary of state as its agent for)) consents to service of process
pursuant to section 1411 of this act in a proceeding to enforce any
obligation or the rights of dissenting shareholders of the domestic
corporation; and (ii) the street and mailing address of ((an office which
the secretary of state may use for the purposes of RCW 23B.15.100)) the
entity's principal office that may be used for service of process under section
1411 of this act.
(4) The articles of
entity conversion take effect at the effective time provided in ((RCW
23B.01.230)) section 1203 of this act. Articles of entity conversion
under subsection (1) or (2) of this section may be combined with any required
conversion filing under the organic law of the other entity if the combined
filing satisfies the requirements of both this section and the organic law of
the other entity.
Sec. 2122. RCW 23B.09.050 and 2014 c 83 s 13 are each amended to read as follows:
(1) An entity that has been converted pursuant to this chapter is, for all purposes of the laws of the state of Washington, deemed to be the same entity that existed before the conversion and, unless otherwise agreed or as required under applicable non-Washington law, the converting entity is not required to wind up its affairs or pay its liabilities and distribute its assets, and the conversion is not deemed to constitute a dissolution of the converting entity.
(2) When any conversion becomes effective under this chapter:
(a) The title to all real estate and other property, both tangible and intangible, owned by the converting entity remains vested in the surviving entity without reversion or impairment;
(b) All rights of creditors and all liens upon any property of the converting entity must be preserved unimpaired, and all debts, liabilities, and other obligations of the converting entity continue as obligations of the surviving entity, remain attached to the surviving entity, and may be enforced against it to the same extent as if the debts, liabilities, and other obligations had originally been incurred or contracted by it in its capacity as the surviving entity;
(c) An action or proceeding pending by or against the converting entity may be continued by or against the surviving entity as if the conversion had not occurred;
(d) Except as prohibited by other law, all of the rights, privileges, immunities, powers, and purposes of the converting entity remain vested in the surviving entity; and
(e) Except as otherwise provided in the plan of entity conversion, the terms and conditions of the plan of entity conversion take effect.
(3) When a conversion of a domestic corporation to a foreign other entity becomes effective, the surviving entity is deemed:
(a) To consent to the jurisdiction of the courts of this state to enforce any obligation owed by the converting entity, if before the conversion the converting entity was subject to suit in this state on the obligation;
(b) To ((appoint
the secretary of state as its agent for)) consent to service of
process pursuant to section 1411 of this act in a proceeding to enforce
any obligation or the rights of dissenting shareholders of the domestic
corporation in connection with the conversion; and
(c) To agree that it will promptly pay to the dissenting shareholders of the domestic corporation the amount, if any, to which they are entitled under chapter 23B.13 RCW.
(((4) Service of
process on the secretary of state under this section is made in the same manner
and with the same consequences as in RCW 23B.15.100.))
Sec. 2123. RCW 23B.09.060 and 2014 c 83 s 14 are each amended to read as follows:
(1) Unless otherwise provided in a plan of entity conversion of a domestic corporation, after the plan of entity conversion has been adopted and approved as required by this chapter, and at any time before the articles of entity conversion have become effective, the planned conversion may be abandoned by the board of directors without action by the shareholders.
(2) If any entity conversion is abandoned after articles of entity conversion have been filed with the secretary of state but before the entity conversion has become effective, a statement that the entity conversion has been abandoned in accordance with this section, signed by an officer or other duly authorized representative, must be delivered to the secretary of state for filing prior to the effective date of the entity conversion and in accordance with section 1204 of this act. Upon filing, the statement takes effect and the entity conversion is deemed abandoned and may not become effective.
Sec. 2124. RCW 23B.11.070 and 1989 c 165 s 137 are each amended to read as follows:
(1) One or more foreign corporations may merge or enter into a share exchange with one or more domestic corporations if:
(a) In a merger, the merger is permitted by the law of the state or country under whose law each foreign corporation is incorporated and each foreign corporation complies with that law in effecting the merger;
(b) In a share exchange, the corporation whose shares will be acquired is a domestic corporation, whether or not a share exchange is permitted by the law of the state or country under whose law the acquiring corporation is incorporated;
(c) The foreign corporation complies with RCW 23B.11.050 if it is the surviving corporation of the merger or acquiring corporation of the share exchange; and
(d) Each domestic corporation complies with the applicable provisions of RCW 23B.11.010 through 23B.11.040 and, if it is the surviving corporation of the merger or acquiring corporation of the share exchange, with RCW 23B.11.050.
(2) Upon the merger or share exchange taking effect, the surviving foreign corporation of a merger and the acquiring foreign corporation of a share exchange is deemed:
(a) To ((appoint
the secretary of state as its agent for)) consent to service of
process pursuant to section 1411 of this act in a proceeding to enforce
any obligation or the rights of dissenting shareholders of each domestic
corporation party to the merger or share exchange; and
(b) To agree that it will promptly pay to the dissenting shareholders of each domestic corporation party to the merger or share exchange the amount, if any, to which they are entitled under chapter 23B.13 RCW.
(3) This section does not limit the power of a foreign corporation to acquire all or part of the shares of one or more classes or series of a domestic corporation through a voluntary exchange or otherwise.
Sec. 2125. RCW 23B.11.110 and 2009 c 188 s 1403 are each amended to read as follows:
(1) One or more foreign limited partnerships, foreign corporations, foreign partnerships, and foreign limited liability companies may merge with one or more domestic partnerships, domestic limited liability companies, domestic limited partnerships, or domestic corporations, provided that:
(a) The merger is permitted by the law of the jurisdiction under which each foreign limited partnership was organized and the law of the state or country under which each foreign corporation was incorporated and each foreign limited partnership or foreign corporation complies with that law in effecting the merger;
(b) If the surviving entity is a foreign or domestic corporation, that corporation complies with RCW 23B.11.090;
(c) If the surviving entity is a foreign or domestic limited partnership, that limited partnership complies with RCW 25.10.786;
(d) Each domestic corporation complies with RCW 23B.11.080;
(e) Each domestic limited partnership complies with RCW 25.10.781;
(f) Each domestic limited liability company complies with RCW 25.15.400; and
(g) Each domestic partnership complies with RCW 25.05.375.
(2) Upon the merger taking effect, a surviving foreign corporation, foreign limited partnership, foreign limited liability corporation, or foreign partnership is deemed:
(a) To ((appoint
the secretary of state as its agent for)) consent to service of
process pursuant to section 1411 of this act in a proceeding to enforce
any obligation or the rights of dissenting shareholders or partners of each
domestic corporation, domestic limited partnership, domestic limited liability
company, or domestic partnership party to the merger; and
(b) To agree that it will promptly pay to the dissenting shareholders or partners of each domestic corporation, domestic limited partnership, domestic limited liability company, or domestic partnership party to the merger the amount, if any, to which they are entitled under chapter 23B.13 RCW, in the case of dissenting shareholders, or under chapter 25.10, 25.15, or 25.05 RCW, in the case of dissenting partners.
Sec. 2126. RCW 23B.14.040 and 2009 c 189 s 52 are each amended to read as follows:
(1) A corporation may revoke its dissolution within one hundred twenty days of its effective date.
(2) Revocation of dissolution must be approved in the same manner as the dissolution was approved unless that approval permitted revocation upon approval by the board of directors alone, in which event the board of directors may revoke the dissolution without shareholder approval.
(3) After the revocation of dissolution is approved, the corporation may revoke the dissolution by delivering to the secretary of state for filing articles of revocation of dissolution, together with a copy of its articles of dissolution, that set forth:
(a) The name of the
corporation and a statement that such name satisfies the requirements of ((RCW
23B.04.010)) part I, Article 3 of this act; if the name is not
available, the corporation must ((file)) deliver to the secretary of
state for filing articles of amendment changing its name with the articles
of revocation of dissolution;
(b) The effective date of the dissolution that was revoked;
(c) The date that the revocation of dissolution was approved;
(d) If the corporation's board of directors, or incorporators, revoked the dissolution, a statement to that effect;
(e) If the corporation's board of directors revoked a dissolution authorized by the shareholders, a statement that revocation was permitted by action by the board of directors alone pursuant to that authorization; and
(f) If shareholder
approval was required to revoke the dissolution, a statement that revocation of
the dissolution was duly approved by the shareholders in accordance with ((RCW
23B.14.040(2) [subsection (2) of this section])) subsection (2) of this
section and RCW 23B.14.020.
(4) Revocation of dissolution is effective upon the effective date of the articles of revocation of dissolution.
(5) When the revocation of dissolution is effective, it relates back to and takes effect as of the effective date of the dissolution and the corporation resumes carrying on its business as if dissolution had never occurred.
Sec. 2127. RCW 23B.14.200 and 1994 c 287 s 7 are each amended to read as follows:
The secretary of
state may administratively dissolve a corporation under ((RCW 23B.14.210 if:
(1) The corporation
does not pay any license fees or penalties, imposed by this title, when they
become due;
(2) The corporation
does not deliver its completed initial report or annual report to the secretary
of state when it is due;
(3) The corporation
is without a registered agent or registered office in this state;
(4) The corporation
does not notify the secretary of state that its registered agent or registered
office has been changed, that its registered agent has resigned, or that its
registered office has been discontinued;
(5) The
corporation's period of duration stated in its articles of incorporation
expired after July 1, 1990; or
(6) The
corporation's period of duration stated in its articles of incorporation
expired prior to July 1, 1990, but the corporation has timely paid all license
fees imposed by this title and set by rule by the secretary, has timely filed
annual reports with the secretary of state, has never been without a registered
agent or registered office in this state for sixty days or more, and has never
failed to notify the secretary of state of changes in a registered agent or
registered office within sixty days of such change)) the
circumstances and procedures provided in part I, Article 6 of this act.
Sec. 2128. RCW 23B.14.220 and 2006 c 52 s 13 are each amended to read as follows:
(1) A corporation
administratively dissolved under ((RCW 23B.14.210)) section 1603 of
this act may apply to the secretary of state for reinstatement ((within
five years after the effective date of dissolution. The application must:
(a) Recite the name
of the corporation and the effective date of its administrative dissolution;
(b) State that the
ground or grounds for dissolution either did not exist or have been eliminated;
and
(c) State that the
corporation's name satisfies the requirements of RCW 23B.04.010.
(2) If the
secretary of state determines that the application contains the information
required by subsection (1) of this section and that the name is available, the
secretary of state shall reinstate the corporation and give the corporation
written notice of the reinstatement that recites the effective date of
reinstatement. If the name is not available, the corporation must file articles
of amendment changing its name with its application for reinstatement.
(3) When the
reinstatement is effective, it relates back to and takes effect as of the
effective date of the administrative dissolution and the corporation resumes
carrying on its business as if the administrative dissolution had never
occurred))
in accordance with section 1604 of this act.
Sec. 2129. RCW 23B.14.390 and 1995 c 47 s 8 are each amended to read as follows:
On the first day of
each month, the secretary of state shall prepare a list of corporations
dissolved during the preceding month pursuant to RCW 23B.14.030, ((23B.14.210,
and)) 23B.14.330, and section 1603 of this act.
Sec. 2130. RCW 23B.15.010 and 1993 c 181 s 11 are each amended to read as follows:
(1) Unless it is
otherwise authorized to transact business pursuant to a state or federal
statute, a foreign corporation may not transact business in this state until it
((obtains a certificate of authority from)) registers with the
secretary of state in accordance with part I, Article 5 of this act.
(2) ((The
following activities, among others,)) A nonexhaustive list of activities
that do not constitute transacting business ((within the meaning of
subsection (1) of this section:
(a) Maintaining or
defending any action or suit or any administrative or arbitration proceeding,
or effecting the settlement thereof or the settlement of claims or disputes;
(b) Holding
meetings of the board of directors or shareholders or carrying on other
activities concerning internal corporate affairs;
(c) Maintaining
bank accounts, share accounts in savings and loan associations, custodian or
agency arrangements with a bank or trust company, or stock or bond brokerage
accounts;
(d) Maintaining
offices or agencies for the transfer, exchange, and registration of the
corporation's own securities or maintaining trustees or depositaries with
respect to those securities;
(e) Selling through
independent contractors;
(f) Soliciting or
procuring orders, whether by mail or through employees or agents or otherwise,
where the orders require acceptance outside this state before becoming binding
contracts and where the contracts do not involve any local performance other
than delivery and installation;
(g) Making loans or
creating or acquiring evidences of debt, mortgages, or liens on real or
personal property, or recording same;
(h) Securing or
collecting debts or enforcing mortgages and security interests in property
securing the debts;
(i) Owning, without
more, real or personal property;
(j) Conducting an
isolated transaction that is completed within thirty days and that is not one
in the course of repeated transactions of a like nature;
(k) Transacting
business in interstate commerce;
(l) Owning and
controlling a subsidiary corporation incorporated in or transacting business
within this state; or
(m) Operating an
approved branch campus of a foreign degree-granting institution in compliance
with chapter 28B.90 RCW and in accordance with RCW 23B.15.015.
(3) The list of
activities in subsection (2) of this section is not exhaustive)) in this state
is provided in section 1505 of this act.
Sec. 2131. RCW 23B.15.020 and 1990 c 178 s 8 are each amended to read as follows:
(((1)))
Unless it is otherwise authorized to transact business pursuant to a state or
federal statute, a foreign corporation transacting business in this state
without ((a certificate of authority may not maintain a proceeding in any
court in this state until it obtains a certificate of authority.
(2) The successor
to a foreign corporation that transacted business in this state without a
certificate of authority and the assignee of a cause of action arising out of
that business may not maintain a proceeding based on that cause of action in
any court in this state until the foreign corporation or its successor obtains
a certificate of authority.
(3) A court may
stay a proceeding commenced by a foreign corporation, its successor, or
assignee until it determines whether the foreign corporation or its successor
requires a certificate of authority. If it so determines, the court may further
stay the proceeding until the foreign corporation or its successor obtains the
certificate.
(4) A foreign
corporation which transacts business in this state without a certificate of
authority is liable to this state, for the years or parts thereof during which
it transacted business in this state without a certificate of authority, in an
amount equal to all fees which would have been imposed by this title upon such
corporation had it applied for and received a certificate of authority to
transact business in this state as required by this title and thereafter filed
all reports required by this title, plus all penalties imposed by this title
for failure to pay such fees.
(5) Notwithstanding
subsections (1) and (2) of this section, the failure of a foreign corporation
to obtain a certificate of authority does not impair the validity of its
corporate acts or prevent it from defending any proceeding in this state)) registering
with the secretary of state is subject to section 1502 of this act.
Sec. 2132. RCW 23B.15.030 and 1989 c 165 s 171 are each amended to read as follows:
(((1))) A
foreign corporation may ((apply for a certificate of authority)) register
to transact business in this state by delivering ((an application)) a
foreign registration statement to the secretary of state for filing in
accordance with section 1503 of this act. ((The application must state:
(a) That the name
of the foreign corporation meets the requirements stated in RCW 23B.15.060;
(b) The name of the
state or country under whose law it is incorporated;
(c) Its date of
incorporation and period of duration;
(d) The street
address of its principal office;
(e) The street
address of its registered office in this state and the name of its registered
agent at that office, in accordance with RCW 23B.15.070; and
(f) The names and
usual business addresses of its current directors and officers.
(2) The foreign
corporation shall deliver with the completed application a certificate of
existence, or a document of similar import, issued no more than sixty days
before the date of the application and duly authenticated by the secretary of
state or other official having custody of corporate records in the state or
country under whose law it is incorporated.))
Sec. 2133. RCW 23B.15.040 and 1991 c 72 s 38 are each amended to read as follows:
(((1))) A
foreign corporation ((authorized)) registered to transact
business in this state must ((obtain an amended certificate of authority
from the secretary of state if it changes:
(a) Its corporate
name; or
(b) The period of
its duration.
(2) A foreign
corporation may apply for an amended certificate of authority by delivering an
application to the secretary of state for filing that sets forth:
(a) The name of the
foreign corporation and the name in which the corporation is authorized to
transact business in Washington, if different;
(b) The name of the
state or country under whose law it is incorporated;
(c) The date it was
authorized to transact business in this state;
(d) A statement of
the change or changes being made;
(e) In the event
the change or changes include a name change to a name that does not meet the
requirements of RCW 23B.15.060, a fictitious name for use in Washington, and a
copy of the resolution of the board of directors, certified by the
corporation's secretary, adopting the fictitious name; and
(f) A copy of the
document filed in the state or country of incorporation showing that
jurisdiction's "filed" stamp)) amend its foreign registration
statement under the circumstances specified in section 1504 of this act.
Sec. 2134. RCW 23B.15.050 and 1989 c 165 s 173 are each amended to read as follows:
(1) A ((certificate
of authority authorizes the)) registered foreign corporation ((to
which it is issued to)) may transact business in this state subject,
however, to the right of the state to ((revoke the certificate)) terminate
the registration as provided in ((this title)) part I, Article 5
of this act.
(2) ((A foreign
corporation holding a valid certificate of authority shall have no greater
rights and privileges than a domestic corporation of like character. Except as
otherwise provided by this title, a foreign corporation is subject to the same
duties, restrictions, penalties, and liabilities now or later imposed on a
domestic corporation of like character.
(3) Except as
otherwise provided in chapter 23B.19 RCW, this title does not authorize this
state to regulate the organization or internal affairs of a foreign corporation
authorized to transact business in this state)) A foreign corporation
registered to transact business in this state is subject to section 1501 of
this act relating to the effect of registration and the governing law for
registered foreign corporations.
Sec. 2135. RCW 23B.15.060 and 1998 c 102 s 2 are each amended to read as follows:
(((1) No
certificate of authority shall be issued to a foreign corporation unless the
corporate name of such corporation:
(a) Contains the
word "corporation," "incorporated," "company," or
"limited," or the abbreviation "corp.," "inc.,"
"co.," or "ltd.";
(b) Does not
contain language stating or implying that the corporation is organized for a
purpose other than that permitted by RCW 23B.03.010 and its articles of
incorporation;
(c) Does not
contain any of the following words or phrases: "Bank,"
"banking," "banker," "trust,"
"cooperative," or any combination of the words "industrial"
and "loan," or any combination of any two or more words
"building," "savings," "loan," "home,"
"association," and "society," or any other words or phrases
prohibited by any statute of this state; and
(d) Except as
authorized by subsections (4) and (5) of this section, is distinguishable upon
the records of the secretary of state from:
(i) The corporate
name of a corporation incorporated or authorized to transact business in this
state;
(ii) A corporate
name reserved or registered under chapter 23B.04 RCW;
(iii) The
fictitious name adopted pursuant to subsection (3) of this section by a foreign
corporation authorized to transact business in this state because its real name
is unavailable;
(iv) The corporate
name or reserved name of a not-for-profit corporation incorporated or
authorized to conduct affairs in this state under chapter 24.03 RCW;
(v) The name or
reserved name of a mutual corporation or miscellaneous corporation incorporated
or authorized to do business under chapter 24.06 RCW;
(vi) The name or
reserved name of a foreign or domestic limited partnership formed or registered
under chapter 25.10 RCW;
(vii) The name or
reserved name of any limited liability company organized or registered under
chapter 25.15 RCW; and
(viii) The name or
reserved name of any limited liability partnership registered under chapter
25.04 RCW.
(2) A name shall
not be considered distinguishable under the same grounds as provided under RCW
23B.04.010.
(3) If the
corporate name of a foreign corporation does not satisfy the requirements of
subsection (1) of this section, the foreign corporation to obtain or maintain a
certificate of authority to transact business in this state:
(a) May add the
word "corporation," "incorporated," "company," or
"limited," or the abbreviation "corp.," "inc.,"
"co.," or "ltd.," to its corporate name for use in this
state; or
(b) May use a
fictitious name to transact business in this state if its real name is
unavailable and it delivers to the secretary of state for filing a copy of the
resolution of its board of directors, certified by its secretary, adopting the
fictitious name.
(4) A foreign
corporation may apply to the secretary of state for authorization to use a name
that is not distinguishable upon the records from one or more of the names
described in subsection (1)(d) of this section. The secretary of state shall
authorize use of the name applied for if:
(a) The other
corporation, company, holder, limited liability partnership, or limited
partnership consents to the use in writing and files with the secretary of
state documents necessary to change its name or the name reserved or registered
to a name that is distinguishable upon the records of the secretary of state from
the name of the applying corporation; or
(b) The applicant
delivers to the secretary of state a certified copy of the final judgment of a
court of competent jurisdiction establishing the applicant's right to use the
name applied for in this state.
(5) A foreign
corporation may use in this state the name, including the fictitious name, of
another domestic or foreign corporation that is used in this state if the other
corporation is incorporated or authorized to transact business in this state
and the foreign corporation:
(a) Has merged with
the other corporation; or
(b) Has been formed
by reorganization of the other corporation.
(6) If a foreign
corporation authorized to transact business in this state changes its corporate
name to one that does not satisfy the requirements of subsection (1) of this
section, it may not transact business in this state under the changed name
until it adopts a name satisfying such requirements and obtains an amended
certificate of authority under RCW 23B.15.040)) The corporate name of a
foreign corporation registered in this state must comply with the provisions of
section 1506 of this act and part I, Article 3 of this act.
Sec. 2136. RCW 23B.15.070 and 2002 c 297 s 43 are each amended to read as follows:
(((1))) Each
foreign corporation ((authorized)) registered to transact
business in this state must continuously maintain in this state((:
(a) A registered
office which may be, but need not be, the same as its place of business in this
state. The registered office shall be at a specific geographic location in this
state, and be identified by number, if any, and street, building address, or
rural route, or, if a commonly known street or rural route address does not
exist, by legal description. A registered office may not be identified by post
office box number or other nongeographic address. For purposes of communicating
by mail, the secretary of state may permit the use of a post office address in
the same city as the registered office to be used in conjunction with the
registered office address if the corporation also maintains on file the
specific geographic address of the registered office where personal service of
process may be made.
(b) A registered
agent, who may be:
(i) An individual
who resides in this state and whose business office is identical with the
registered office;
(ii) A domestic
corporation or not-for-profit domestic corporation whose business office is
identical with the registered office;
(iii) A foreign
corporation or foreign not-for-profit corporation authorized to transact
business or conduct affairs in this state whose business office is identical
with the registered office;
(iv) A domestic
limited liability company whose business office is identical with the
registered office; or
(v) A foreign
limited liability company authorized to conduct affairs in this state whose
business office is identical with the registered office.
(2) A registered
agent shall not be appointed without having given prior consent in a record to
the appointment. The consent shall be filed with the secretary of state in such
form as the secretary of state may prescribe. The consent shall be filed with
or as a part of the record first appointing a registered agent. In the event
any individual, corporation, or limited liability company has been appointed
agent without consent, that person, corporation, or limited liability company
may file a notarized statement attesting to that fact, and the name shall
forthwith be removed from the records)) a registered agent in accordance
with part I, Article 4 of this act.
Sec. 2137. RCW 23B.15.080 and 2002 c 297 s 44 are each amended to read as follows:
(1) A foreign
corporation ((authorized)) registered to transact business in
this state may change its registered ((office or registered)) agent by
delivering to the secretary of state for filing a statement of change ((that
sets forth:
(a) Its name;
(b) If the current
registered office is to be changed, the street address of its new registered
office;
(c) If the current
registered agent is to be changed, the name of its new registered agent and the
new agent's consent, either on the statement or attached to it in the manner
and form as the secretary of state may prescribe, to the appointment; and
(d) That, after the
change or changes are made, the street addresses of its registered office and
the business office of its registered agent will be identical)) in accordance
with section 1407 of this act.
(2) ((If)) A
registered agent ((changes the street address of the agent's business
office, the registered agent may change the street address of the registered
office of any foreign corporation for which the agent is the registered agent
by notifying the corporation of the change either (a) in a record or (b) if the
corporation has designated an address, location, or system to which the notices
may be electronically transmitted and the registered agent electronically
transmits the notice to the corporation at the designated address, location, or
system, in an electronically transmitted record, and delivering to the
secretary of state for filing a statement of change that complies with the
requirements of subsection (1) of this section and recites that the corporation
has been notified of the change)) of a foreign corporation may change
its information on file with the secretary of state in accordance with section
1408 or 1409 of this act.
Sec. 2138. RCW 23B.15.090 and 1989 c 165 s 177 are each amended to read as follows:
(((1))) The
registered agent of a foreign corporation may resign as agent by signing and
delivering to the secretary of state for filing a statement of resignation((.
The statement of resignation may include a statement that the registered office
is also discontinued.
(2) After filing
the statement, the secretary of state shall mail a copy of the statement to the
foreign corporation at its principal office address shown in its most recent
annual report, or in the application for certificate of authority if no annual
report has been filed.
(3) The agency
appointment is terminated, and the registered office discontinued if so
provided, on the thirty-first day after the date on which the statement was
filed))
in accordance with section 1410 of this act.
Sec. 2139. RCW 23B.15.100 and 1989 c 165 s 178 are each amended to read as follows:
(((1) The
registered agent appointed by a foreign corporation authorized to transact
business in this state shall be an agent of such corporation upon whom)) Service
of any process, notice, or demand required or permitted by law to be served
upon the foreign corporation may be ((served.
(2) The secretary
of state shall be an agent of a foreign corporation upon whom any process,
notice, or demand may be served, if:
(a) The corporation
is authorized to transact business in this state, and it fails to appoint or
maintain a registered agent in this state, or its registered agent cannot with
reasonable diligence be found at the registered office;
(b) The
corporation's authority to transact business in this state has been revoked
under RCW 23B.15.310; or
(c) The corporation
has been authorized to transact business in this state and has withdrawn under
RCW 23B.15.200.
(3) Service on the
secretary of state of any such process, notice, or demand shall be made by
delivering to and leaving with the secretary of state, or with any duly
authorized clerk of the corporation department of the secretary of state's
office, the process, notice, or demand. In the event any such process, notice,
or demand is served on the secretary of state, the secretary of state shall
immediately cause a copy thereof to be forwarded by certified mail, addressed
to the secretary of the corporation at its principal office as shown on the
records of the secretary of state. Any service so had on the secretary of state
shall be returnable in not less than thirty days.
(4) The secretary
of state shall keep a record of all processes, notices, and demands served upon
the secretary of state under this section, and shall record therein the time of
such service and the secretary of state's action with reference thereto.
(5) This section
does not limit or affect the right to serve any process, notice, or demand,
required or permitted by law to be served upon a corporation in any other
manner now or hereafter permitted by law)) made in accordance with section 1411
of this act.
Sec. 2140. RCW 23B.15.200 and 1989 c 165 s 179 are each amended to read as follows:
(((1))) A
foreign corporation ((authorized)) registered to transact
business in this state may not withdraw from this state until it ((obtains a
certificate)) delivers a statement of withdrawal ((from)) to
the secretary of state((.
(2) A foreign
corporation authorized to transact business in this state may apply for a
certificate of withdrawal by delivering an application to the secretary of
state for filing. The application must be accompanied by a copy of a revenue
clearance certificate issued pursuant to RCW 82.32.260, and must set forth:
(a) The name of the
foreign corporation and the name of the state or country under whose law it is
incorporated;
(b) That it is not
transacting business in this state and that it surrenders its authority to
transact business in this state;
(c) That it revokes
the authority of its registered agent to accept service on its behalf and
appoints the secretary of state as its agent for service of process in any
proceeding based on a cause of action arising during the time it was authorized
to transact business in this state;
(d) A mailing
address to which the secretary of state may mail a copy of any process served
on the secretary of state under (c) of this subsection; and
(e) A commitment to
notify the secretary of state in the future of any change in its mailing
address.
(3) After the
withdrawal of the corporation is effective, service of process on the secretary
of state under RCW 23B.15.100 is service on the foreign corporation)) for filing in
accordance with section 1507 of this act.
Sec. 2141. RCW 23B.15.300 and 1991 c 72 s 39 are each amended to read as follows:
The secretary of
state may ((revoke the certificate of authority)) terminate the
registration of a registered foreign corporation ((authorized to
transact business in this state if:
(1) The foreign
corporation does not deliver its completed initial report or annual report to
the secretary of state when it is due;
(2) The foreign
corporation does not pay any license fees or penalties, imposed by this title,
when they become due;
(3) The foreign
corporation is without a registered agent or registered office in this state;
(4) The foreign
corporation does not inform the secretary of state under RCW 23B.15.080 or
23B.15.090 that its registered agent or registered office has changed, that its
registered agent has resigned, or that its registered office has been
discontinued;
(5) An incorporator,
director, officer, or agent of the foreign corporation signed a document
knowing it was false in any material respect with intent that the document be
delivered to the secretary of state for filing; or
(6) The secretary
of state receives a duly authenticated certificate from the secretary of state
or other official having custody of corporate records in the state or country
under whose law the foreign corporation is incorporated stating that it has
been dissolved or disappeared as the result of a merger)) under the
circumstances and procedures specified in section 1511 of this act.
Sec. 2142. RCW 23B.16.010 and 2009 c 189 s 54 are each amended to read as follows:
(1) A corporation shall keep as permanent records minutes of all meetings of its shareholders and board of directors, a record of all corporate actions approved by the shareholders or board of directors by executed consent without a meeting, and a record of all corporate actions approved by a committee of the board of directors exercising the authority of the board of directors on behalf of the corporation.
(2) A corporation shall maintain appropriate accounting records.
(3) A corporation or its agent shall maintain a record of its shareholders, in a form that permits preparation of a list of the names and addresses of all shareholders, in alphabetical order by class of shares showing the number and class of shares held by each.
(4) A corporation shall maintain its records in written form or in another form capable of conversion into written form within a reasonable time.
(5) A corporation shall keep a copy of the following records at its principal office:
(a) Its articles or restated articles of incorporation and all amendments to them currently in effect;
(b) Its bylaws or restated bylaws and all amendments to them currently in effect;
(c) The minutes of all shareholders' meetings, and records of all corporate actions approved by shareholders without a meeting, for the past three years;
(d) The financial statements described in RCW 23B.16.200(1), for the past three years;
(e) All communications in the form of a record to shareholders generally within the past three years;
(f) A list of the names and business addresses of its current directors and officers; and
(g) Its initial
report or most recent annual report delivered to the secretary of state under
((RCW 23B.16.220)) section 1212 of this act.
Sec. 2143. RCW 23B.16.220 and 2001 c 307 s 1 are each amended to read as follows:
(((1))) Each
domestic corporation, and each foreign corporation ((authorized)) registered
to transact business in this state, shall deliver to the secretary of state for
filing initial and annual reports ((that set forth:
(a) The name of the
corporation and the state or country under whose law it is incorporated;
(b) The street
address of its registered office and the name of its registered agent at that
office in this state;
(c) In the case of
a foreign corporation, the address of its principal office in the state or
country under the laws of which it is incorporated;
(d) The address of
the principal place of business of the corporation in this state;
(e) The names and
addresses of its directors, if the corporation has dispensed with or limited
the authority of its board of directors pursuant to RCW 23B.08.010, in an
agreement authorized under RCW 23B.07.320, or analogous authority, the names
and addresses of persons who will perform some or all of the duties of the
board of directors;
(f) A brief
description of the nature of its business; and
(g) The names and
addresses of its chairperson of the board of directors, if any, president,
secretary, and treasurer, or of individuals, however designated, performing the
functions of such officers.
(2) Information in
an initial report or an annual report must be current as of the date the report
is executed on behalf of the corporation.
(3) A corporation's
initial report must be delivered to the secretary of state within one hundred
twenty days of the date on which the articles of incorporation for a domestic
corporation were filed, or on which a foreign corporation's certificate of
authority was filed. Subsequent annual reports must be delivered to the
secretary of state on, or prior to, the date on which the domestic or foreign
corporation is required to pay its annual corporate license fee, and at such
additional times as the corporation elects.
(4)(a) The
secretary of state may allow a corporation to file an annual report through
electronic means. If allowed, the secretary of state shall adopt rules
detailing the circumstances under which the electronic filing of such reports
shall be permitted and how such reports may be filed.
(b) For purposes of
this section only, a person executing an electronically filed annual report may
deliver the report to the office of the secretary of state without a signature
and without an exact or conformed copy, but the person's name must appear in
the electronic filing as the person executing the filing, and the filing must
state the capacity in which the person is executing the filing)) in accordance
with section 1212 of this act.
Sec. 2144. RCW 23B.18.020 and 1989 c 165 s 192 are each amended to read as follows:
Such nonadmitted organizations shall have the right to foreclose such mortgages under the laws of this state or to receive voluntary conveyance in lieu of foreclosure, and in the course of such foreclosure or of such receipt of conveyance in lieu of foreclosure, to acquire the mortgaged property, and to hold and own such property and to dispose thereof. Such nonadmitted organizations however, shall not be allowed to hold, own, and operate said property for a period exceeding five years. In the event said nonadmitted organizations do hold, own, and operate said property for a period in excess of five years, it shall be forthwith required to appoint an agent as required by RCW 23B.15.070 and part I, Article 4 of this act for foreign corporations doing business in this state.
Sec. 2145. RCW 23B.18.030 and 1989 c 165 s 193 are each amended to read as follows:
The activities authorized by RCW 23B.18.010 and 23B.18.020 by such nonadmitted organizations shall not constitute "transacting business" within the meaning of chapter 23B.15 RCW or part I, Article 5 of this act.
Sec. 2146. RCW 23B.18.040 and 1989 c 165 s 194 are each amended to read as follows:
In any action in
law or equity commenced by the obligor or obligors, it, his, her, or their
assignee or assignees against the said nonadmitted organizations on the said
notes secured by said real estate mortgages purchased by said nonadmitted
organizations, service of all legal process may be ((had by serving the
secretary of state of the state of Washington)) made in accordance with
section 1411 of this act.
Sec. 2147. RCW 23B.19.020 and 1996 c 155 s 1 are each amended to read as follows:
The definitions in this section apply throughout this chapter.
(1) "Acquiring person" means a person or group of persons, other than the target corporation or a subsidiary of the target corporation, who beneficially owns ten percent or more of the outstanding voting shares of the target corporation. The term "acquiring person" does not include a person who (a) beneficially owned ten percent or more of the outstanding voting shares of the target corporation on March 23, 1988; (b) acquires its shares by gift, inheritance, or in a transaction in which no consideration is exchanged; (c) exceeds the ten percent threshold as a result of action taken solely by the target corporation, such as redemption of shares, unless that person, by its own action, acquires additional shares of the target corporation; (d) beneficially was the owner of ten percent or more of the outstanding voting shares prior to the time the target corporation had a class of voting shares registered with the securities and exchange commission pursuant to section 12 or 15 of the exchange act; or (e) beneficially was the owner of ten percent or more of the outstanding voting shares prior to the time the target corporation amended its articles of incorporation to provide that the corporation shall be subject to the provisions of this chapter. An agent, bank, broker, nominee, or trustee for another person, if the other person is not an acquiring person, who acts in good faith and not for the purpose of circumventing this chapter, is not an acquiring person. For the purpose of determining whether a person is an acquiring person, the number of voting shares of the target corporation that are outstanding shall include shares beneficially owned by the person through application of subsection (4) of this section, but shall not include any other unissued voting shares of the target corporation which may be issuable pursuant to any agreement, arrangement, or understanding; or upon exercise of conversion rights, warrants, or options; or otherwise.
(2) "Affiliate" means a person who directly or indirectly controls, or is controlled by, or is under common control with, a person.
(3) "Announcement date," when used in reference to any significant business transaction, means the date of the first public announcement of the final, definitive proposal for such a significant business transaction.
(4) "Associate" means (a) a domestic or foreign corporation or organization of which a person is an officer, director, member, or partner or in which a person performs a similar function; (b) a direct or indirect beneficial owner of ten percent or more of any class of equity securities of a person; (c) a trust or estate in which a person has a beneficial interest or as to which a person serves as trustee or in a similar fiduciary capacity; and (d) the spouse or a parent or sibling of a person or a child, grandchild, sibling, parent, or spouse of any thereof, of a person or an individual having the same home as a person.
(5) "Beneficial ownership," when used with respect to any shares, means ownership by a person:
(a) Who, individually or with or through any of its affiliates or associates, beneficially owns such shares, directly or indirectly; or
(b) Who, individually or with or through any of its affiliates or associates, has (i) the right to acquire the shares, whether the right is exercisable immediately or only after the passage of time, pursuant to any agreement, arrangement, or understanding, whether or not in writing, or upon the exercise of conversion rights, exchange rights, warrants or options, or otherwise. A person is not the beneficial owner of shares tendered pursuant to a tender or exchange offer made by the person or any of the person's affiliates or associates until the tendered shares are accepted for purchase or exchange; or (ii) the right to vote the shares pursuant to any agreement, arrangement, or understanding, whether or not in writing. A person is not the beneficial owner of any shares under (b)(ii) of this subsection if the agreement, arrangement, or understanding to vote the shares arises solely from a revocable proxy or consent given in response to a proxy or consent solicitation made in accordance with the applicable rules and regulations under the exchange act and is not then reportable on schedule 13D under the exchange act, or any comparable or successor report; or
(c) Who has any agreement, arrangement, or understanding, whether or not in writing, for the purpose of acquiring, holding, voting, except voting pursuant to a revocable proxy or consent as described in (b)(ii) of this subsection, or disposing of the shares with any other person who beneficially owns, or whose affiliates or associates beneficially own, directly or indirectly, the shares.
(6) "Common shares" means any shares other than preferred shares.
(7) "Consummation date," with respect to any significant business transaction, means the date of consummation of such a significant business transaction, or, in the case of a significant business transaction as to which a shareholder vote is taken, the later of the business day prior to the vote or twenty days prior to the date of consummation of such a significant business transaction.
(8) "Control," "controlling," "controlled by," and "under common control with," means the possession, directly or indirectly, of the power to direct or cause the direction of the management and policies of a person, whether through the ownership of voting shares, by contract, or otherwise. A person's beneficial ownership of ten percent or more of a domestic or foreign corporation's outstanding voting shares shall create a rebuttable presumption that such person has control of such corporation. However, a person does not have control of a domestic or foreign corporation if the person holds voting shares, in good faith and not for the purpose of circumventing this chapter, as an agent, bank, broker, nominee, custodian, or trustee for one or more beneficial owners who do not individually or as a group have control of such corporation.
(9) "Domestic corporation" means an issuer of voting shares which is organized under chapter 23B.02 RCW or any predecessor provision.
(10) "Exchange act" means the federal securities exchange act of 1934, as amended.
(11) "Market value," in the case of property other than cash or shares, means the fair market value of the property on the date in question as determined by the board of directors of the target corporation in good faith.
(12) "Person" means an individual, domestic or foreign corporation, partnership, trust, unincorporated association, or other entity; an affiliate or associate of any such person; or any two or more persons acting as a partnership, syndicate, or other group for the purpose of acquiring, holding, or dispersing of securities of a domestic or foreign corporation.
(13) "Preferred shares" means any class or series of shares of a target corporation which under the bylaws or articles of incorporation of such a corporation is entitled to receive payment of dividends prior to any payment of dividends on some other class or series of shares, or is entitled in the event of any voluntary liquidation, dissolution, or winding up of the target corporation to receive payment or distribution of a preferential amount before any payments or distributions are received by some other class or series of shares.
(14) "Shares" means any:
(a) Shares or similar security, any certificate of interest, any participation in any profit sharing agreement, any voting trust certificate, or any certificate of deposit for shares; and
(b) Security convertible, with or without consideration, into shares, or any warrant, call, or other option or privilege of buying shares without being bound to do so, or any other security carrying any right to acquire, subscribe to, or purchase shares.
(15) "Significant business transaction" means:
(a) A merger, share exchange, or consolidation of a target corporation or a subsidiary of a target corporation with (i) an acquiring person, or (ii) any other domestic or foreign corporation which is, or after the merger, share exchange, or consolidation would be, an affiliate or associate of the acquiring person;
(b) A sale, lease, exchange, mortgage, pledge, transfer, or other disposition or encumbrance, whether in one transaction or a series of transactions, to or with an acquiring person or an affiliate or associate of an acquiring person of assets of a target corporation or a subsidiary of a target corporation (i) having an aggregate market value equal to five percent or more of the aggregate market value of all the assets, determined on a consolidated basis, of the target corporation, (ii) having an aggregate market value equal to five percent or more of the aggregate market value of all the outstanding shares of the target corporation, or (iii) representing five percent or more of the earning power or net income, determined on a consolidated basis, of the target corporation;
(c) The termination, while the corporation has an acquiring person and as a result of the acquiring person's acquisition of ten percent or more of the shares of the corporation, of five percent or more of the employees of the target corporation or its subsidiaries employed in this state, whether at one time or over the five-year period following the share acquisition time. For the purposes of (c) of this subsection, a termination other than an employee's death or disability or bona fide voluntary retirement, transfer, resignation, termination for cause under applicable common law principles, or leave of absence shall be presumed to be a termination resulting from the acquiring person's acquisition of shares, which presumption is rebuttable. A bona fide voluntary transfer of employees between the target corporation and its subsidiaries or between its subsidiaries is not a termination for the purposes of (c) of this subsection;
(d) The issuance, transfer, or redemption by a target corporation or a subsidiary of a target corporation, whether in one transaction or a series of transactions, of shares or of options, warrants, or rights to acquire shares of a target corporation or a subsidiary of a target corporation to or beneficially owned by an acquiring person or an affiliate or associate of an acquiring person except pursuant to the exercise of warrants or rights to purchase shares offered, or a dividend, distribution, or redemption paid or made pro rata to, all shareholders or holders of options, warrants, or rights to acquire shares of the target corporation, and except for involuntary redemptions permitted by the target corporation's charter or by the law of this state or the state of incorporation;
(e) The liquidation or dissolution of a target corporation proposed by, or pursuant to an agreement, arrangement, or understanding, whether or not in writing, with an acquiring person or an affiliate or associate of an acquiring person;
(f) A reclassification of securities, including, without limitation, any shares split, shares dividend, or other distribution of shares in respect of stock, or any reverse shares split, or recapitalization of a target corporation, or a merger or consolidation of a target corporation with a subsidiary of the target corporation, or any other transaction, whether or not with or into or otherwise involving an acquiring person, proposed by, or pursuant to an agreement, arrangement, or understanding, whether or not in writing, with an acquiring person or an affiliate or associate of an acquiring person, that has the effect, directly or indirectly, of increasing the proportionate share of the outstanding shares of a class or series of voting shares or securities convertible into voting shares of a target corporation or a subsidiary of the target corporation that is directly or indirectly owned by an acquiring person or an affiliate or associate of an acquiring person, except as a result of immaterial changes due to fractional share adjustments; or
(g) A receipt by an acquiring person or an affiliate or associate of an acquiring person of the benefit, directly or indirectly, except proportionately as a shareholder of a target corporation, of loans, advances, guarantees, pledges, or other financial assistance or tax credits or other tax advantages provided by or through a target corporation.
(16) "Share acquisition time" means the time at which a person first becomes an acquiring person of a target corporation.
(17) "Subsidiary" means a domestic or foreign corporation that has a majority of its outstanding voting shares owned, directly or indirectly, by another domestic or foreign corporation.
(18) "Tangible assets" means tangible real and personal property of all kinds. It shall also include leasehold interests in tangible real and personal property.
(19) "Target corporation" means:
(a) Every domestic corporation, if:
(i) The corporation has a class of voting shares registered with the securities and exchange commission pursuant to section 12 or 15 of the exchange act; or
(ii) The corporation's articles of incorporation have been amended to provide that such a corporation shall be subject to the provisions of this chapter, if the corporation did not have a class of voting shares registered with the securities and exchange commission pursuant to section 12 or 15 of the exchange act on the effective date of that amendment; and
(b) Every foreign
corporation required to ((have a certificate of authority)) register
to transact business in this state pursuant to chapter 23B.15 RCW and part
I, Article 5 of this act, if:
(i) The corporation has a class of voting shares registered with the securities and exchange commission pursuant to section 12 or 15 of the exchange act;
(ii) The corporation's principal executive office is located in the state;
(iii) The corporation has: (A) More than ten percent of its shareholders of record resident in the state; or (B) more than ten percent of its shares owned of record by state residents; or (C) one thousand or more shareholders of record resident in the state;
(iv) A majority of the corporation's employees, together with those of its subsidiaries, are residents of the state or the corporation, together with its subsidiaries, employs more than one thousand residents of the state; and
(v) A majority of the corporation's tangible assets, together with those of its subsidiaries, measured by market value, are located in the state or the corporation, together with its subsidiaries, has more than fifty million dollars' worth of tangible assets located in the state.
For purposes of this subsection, the record date for determining the percentages and numbers of shareholders and shares shall be the last shareholder record date before the event requiring that the determination be made. A shareholder record date shall be determined pursuant to the comparable provision to RCW 23B.07.070 of the law of the state in which a foreign corporation is incorporated. If a shareholder record date has not been fixed by the board of directors within the preceding four months, the determination shall be made as of the end of the corporation's most recent fiscal quarter.
The residence of each shareholder is presumed to be the address appearing in the records of the corporation. Shares held of record by brokers or nominees shall be disregarded for purposes of calculating the percentages and numbers specified in this subsection. Shares of a corporation allocated to the account of an employee or former employee or beneficiaries of employees or former employees of a corporation and held in a plan that is qualified under section 401(a) of the federal internal revenue code of 1986, as amended, and is a defined contribution plan within the meaning of section 414(i) of the code shall be deemed, for the purposes of this subsection, to be held of record by the employee to whose account such shares are allocated.
A domestic or foreign corporation shall be deemed to be a target corporation if the domestic or foreign corporation's failure to satisfy the requirements of this subsection is caused by the action of, or is the result of a proposal by, an acquiring person or affiliate or associate of an acquiring person.
(20) "Voting shares" means shares of a corporation entitled to vote generally in the election of directors.
Sec. 2148. RCW 23B.01.400 and 2012 c 215 s 17 are each amended to read as follows:
Unless the context clearly requires otherwise, the definitions in this section apply throughout this title.
(1) "Articles of incorporation" include amended and restated articles of incorporation and articles of merger.
(2) "Authorized shares" means the shares of all classes a domestic or foreign corporation is authorized to issue.
(3) "Conspicuous" means so prepared that a reasonable person against whom the record is to operate should have noticed it. For example, printing in italics or boldface or contrasting color, or typing in capitals or underlined, is conspicuous.
(4) "Corporate action" means any resolution, act, policy, contract, transaction, plan, adoption or amendment of articles of incorporation or bylaws, or other matter approved by or submitted for approval to a corporation's incorporators, board of directors or a committee thereof, or shareholders.
(5) "Corporation" or "domestic corporation" means a corporation for profit, including a social purpose corporation, which is not a foreign corporation, incorporated under or subject to the provisions of this title.
(6) "Deliver" includes (a) mailing, (b) for purposes of delivering a demand, consent, notice, or waiver to the corporation or one of its officers, directors, or shareholders, transmission by facsimile equipment, and (c) for purposes of delivering a demand, consent, notice, or waiver to the corporation or one of its officers, directors, or shareholders under RCW 23B.01.410 or chapter 23B.07, 23B.08, 23B.11, 23B.13, 23B.14, or 23B.16 RCW delivery by electronic transmission.
(7) "Distribution" means a direct or indirect transfer of money or other property, except its own shares, or incurrence of indebtedness by a corporation to or for the benefit of its shareholders in respect to any of its shares. A distribution may be in the form of a declaration or payment of a dividend; a distribution in partial or complete liquidation, or upon voluntary or involuntary dissolution; a purchase, redemption, or other acquisition of shares; a distribution of indebtedness; or otherwise.
(8) "Effective date of notice" has the meaning provided in RCW 23B.01.410.
(9) "Electronic transmission" means an electronic communication (a) not directly involving the physical transfer of a record in a tangible medium and (b) that may be retained, retrieved, and reviewed by the sender and the recipient thereof, and that may be directly reproduced in a tangible medium by such a sender and recipient.
(10) "Electronically transmitted" means the initiation of an electronic transmission.
(11) "Employee" includes an officer but not a director. A director may accept duties that make the director also an employee.
(12) "Entity" includes a corporation and foreign corporation, not-for-profit corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, two or more persons having a joint or common economic interest, the state, United States, and a foreign governmental subdivision, agency, or instrumentality, or any other legal or commercial entity.
(13) "Execute," "executes," or "executed" means (a) signed with respect to a written record or (b) electronically transmitted along with sufficient information to determine the sender's identity with respect to an electronic transmission, or (c) with respect to a record to be filed with the secretary of state, in compliance with the standards for filing with the office of the secretary of state as prescribed by the secretary of state.
(14) "Foreign corporation" means a corporation for profit incorporated under a law other than the law of this state.
(15) "Foreign limited partnership" means a partnership formed under laws other than of this state and having as partners one or more general partners and one or more limited partners.
(16) "General social purpose" means the general social purpose for which a social purpose corporation is organized as set forth in the articles of incorporation of the corporation in accordance with RCW 23B.25.040(1)(c).
(17) "Governmental subdivision" includes authority, county, district, and municipality.
(18) "Includes" denotes a partial definition.
(19) "Individual" includes the estate of an incompetent or deceased individual.
(20) "Limited partnership" or "domestic limited partnership" means a partnership formed by two or more persons under the laws of this state and having one or more general partners and one or more limited partners.
(21) "Means" denotes an exhaustive definition.
(22) "Notice" has the meaning provided in RCW 23B.01.410.
(23) "Person" means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, government, governmental subdivision, agency, or instrumentality, or any other legal or commercial entity.
(24) "Principal office" means the office, in or out of this state, so designated in the annual report where the principal executive offices of a domestic or foreign corporation are located.
(25) "Proceeding" includes civil suit and criminal, administrative, and investigatory action.
(26) "Public company" means a corporation that has a class of shares registered with the federal securities and exchange commission pursuant to section 12 or 15 of the securities exchange act of 1934, or section 8 of the investment company act of 1940, or any successor statute.
(27) "Record" means information inscribed on a tangible medium or contained in an electronic transmission.
(28) "Record date" means the date established under chapter 23B.07 RCW on which a corporation determines the identity of its shareholders and their shareholdings for purposes of this title. The determinations shall be made as of the close of business on the record date unless another time for doing so is specified when the record date is fixed.
(29) "Secretary" means the corporate officer to whom the board of directors has delegated responsibility under RCW 23B.08.400(3) for custody of the minutes of the meetings of the board of directors and of the shareholders and for authenticating records of the corporation.
(30) "Shares" means the units into which the proprietary interests in a corporation are divided.
(31) "Shareholder" means the person in whose name shares are registered in the records of a corporation or the beneficial owner of shares to the extent of the rights granted by a nominee certificate on file with a corporation.
(32) "Social purpose" includes any general social purpose and any specific social purpose.
(33) "Social purpose corporation" means a corporation that has elected to be governed as a social purpose corporation under chapter 23B.25 RCW.
(34) "Specific social purpose" means the specific social purpose or purposes for which a social purpose corporation is organized as set forth in the articles of incorporation of the corporation in accordance with RCW 23B.25.040(2)(a).
(35) "State," when referring to a part of the United States, includes a state and commonwealth, and their agencies and governmental subdivisions, and a territory and insular possession, and their agencies and governmental subdivisions, of the United States.
(36) "Subscriber" means a person who subscribes for shares in a corporation, whether before or after incorporation.
(37) "Tangible medium" means a writing, copy of a writing, or facsimile, or a physical reproduction, each on paper or on other tangible material.
(38) "United States" includes a district, authority, bureau, commission, department, and any other agency of the United States.
(39) "Voting group" means all shares of one or more classes or series that under the articles of incorporation or this title are entitled to vote and be counted together collectively on a matter at a meeting of shareholders. All shares entitled by the articles of incorporation or this title to vote generally on the matter are for that purpose a single voting group.
(40) "Writing" does not include an electronic transmission.
(41) "Written" means embodied in a tangible medium.
(42) "Registered office" means the address of the corporation's registered agent.
NEW SECTION. Sec. 2149. The following acts or parts of acts are each repealed:
(1) RCW 23B.01.210 (Forms) and 1991 c 72 s 25 & 1989 c 165 s 4;
(2) RCW 23B.01.260 (Judicial review of secretary of state's refusal to file a record) and 2002 c 297 s 7 & 1989 c 165 s 9;
(3) RCW 23B.01.270 (Evidentiary effect of copy of filed record) and 2002 c 297 s 8 & 1989 c 165 s 10;
(4) RCW 23B.01.500 (Domestic corporations—Notice of due date for payment of annual license fee and filing annual report) and 2011 c 183 s 3 & 1989 c 165 s 16;
(5) RCW 23B.01.510 (Foreign corporations—Notice of due date for payment of annual license fee and filing annual report) and 2011 c 183 s 4, 1990 c 178 s 3, & 1989 c 165 s 17;
(6) RCW 23B.01.530 (Domestic corporations—Inactive corporation defined—Annual license fee) and 2010 1st sp.s. c 29 s 2, 1993 c 269 s 3, & 1989 c 165 s 19;
(7) RCW 23B.01.550 (Foreign corporations—Annual license fees) and 1989 c 165 s 21;
(8) RCW 23B.01.560 (License fees for reinstated corporation) and 1993 c 269 s 4 & 1989 c 165 s 22;
(9) RCW 23B.01.580 (Waiver of penalty fees) and 1990 c 178 s 4 & 1989 c 165 s 24;
(10) RCW 23B.14.203 (Administrative dissolution or revocation of a certificate of authority—Corporation name not distinguishable from name of governmental entity—Application by governmental entity) and 1997 c 12 s 1;
(11) RCW 23B.14.210 (Administrative dissolution—Procedure and effect) and 2006 c 52 s 12 & 1989 c 165 s 161;
(12) RCW 23B.15.015 (Foreign degree-granting institution branch campus—Acts not deemed transacting business in state) and 1993 c 181 s 5;
(13) RCW 23B.15.310 (Revocation—Procedure and effect) and 1989 c 165 s 181; and
(14) RCW 23B.18.050 (Service of process—Procedure) and 1989 c 165 s 195.
PART III
NONPROFIT CORPORATION ACT REVISIONS
Sec. 3101. RCW 24.03.005 and 2004 c 265 s 1 are each amended to read as follows:
As used in this chapter, unless the context otherwise requires, the term:
(1) "Corporation" or "domestic corporation" means a corporation not for profit subject to the provisions of this chapter, except a foreign corporation.
(2) "Foreign corporation" means a corporation not for profit organized under laws other than the laws of this state.
(3) "Not for profit corporation" or "nonprofit corporation" means a corporation no part of the income of which is distributable to its members, directors or officers.
(4) "Articles of incorporation" and "articles" mean the original articles of incorporation and all amendments thereto, and includes articles of merger and restated articles.
(5) "Bylaws" means the code or codes of rules adopted for the regulation or management of the affairs of the corporation irrespective of the name or names by which such rules are designated.
(6)
"Member" means an individual or entity having membership rights in a
corporation in accordance with the provisions of its articles ((or [of]))
of incorporation or bylaws.
(7) "Board of directors" means the group of persons vested with the management of the affairs of the corporation irrespective of the name by which such group is designated in the articles or bylaws.
(8) "Insolvent" means inability of a corporation to pay debts as they become due in the usual course of its affairs.
(9) "Deliver" means: (a) Mailing; (b) transmission by facsimile equipment, for purposes of delivering a demand, consent, notice, or waiver to the corporation or one of its officers, directors, or members; (c) electronic transmission, in accordance with the officer's, director's, or member's consent, for purposes of delivering a demand, consent, notice, or waiver to the corporation or one of its officers, directors, or members under RCW 24.03.009; and (d) as prescribed by the secretary of state for purposes of submitting a record for filing with the secretary of state.
(10) "Conforms to law" as used in connection with duties of the secretary of state in reviewing records for filing under this chapter, means the secretary of state has determined that the record complies as to form with the applicable requirements of this chapter and part I, Article 2 of this act.
(11)
"Effective date" means, in connection with a record filing made by
the secretary of state, the date ((which is shown by affixing a
"filed" stamp on the records. When a record is received for filing by
the secretary of state in a form which complies with the requirements of this
chapter and which would entitle the record to be filed immediately upon
receipt, but the secretary of state's approval action occurs subsequent to the
date of receipt, the secretary of state's filing date shall relate back to the
date on which the secretary of state first received the record in acceptable
form. An applicant may request a specific effective date no more than thirty
days later than the receipt date which might otherwise be applied as the
effective date)) on which the filing becomes effective under section
1203 of this act.
(12) "Electronic transmission" means an electronic communication (a) not directly involving the physical transfer of a record in a tangible medium and (b) that may be retained, retrieved, and reviewed by the sender and the recipient thereof, and that may be directly reproduced in a tangible medium by a sender and recipient.
(13) "Electronically transmitted" means the initiation of an electronic transmission.
(14) "Execute," "executes," or "executed" means (a) signed, with respect to a written record or (b) electronically transmitted along with sufficient information to determine the sender's identity, with respect to an electronic transmission, or (c) filed in compliance with the standards for filing with the office of the secretary of state as prescribed by the secretary of state, with respect to a record to be filed with the secretary of state.
(15) "Executed by an officer of the corporation," or words of similar import, means that any record executed by such person shall be and is executed by that person under penalties of perjury and in an official and authorized capacity on behalf of the corporation or person making the record submission with the secretary of state and, for the purpose of records filed electronically with the secretary of state, in compliance with the rules adopted by the secretary of state for electronic filing.
(16) "An officer of the corporation" means, in connection with the execution of records submitted for filing with the secretary of state, the president, a vice president, the secretary, or the treasurer of the corporation.
(17) "Public benefit not for profit corporation" or "public benefit nonprofit corporation" means a corporation no part of the income of which is distributable to its members, directors, or officers and that holds a current tax exempt status as provided under 26 U.S.C. Sec. 501(c)(3) or is specifically exempted from the requirement to apply for its tax exempt status under 26 U.S.C. Sec. 501(c)(3).
(18) "Record" means information inscribed on a tangible medium or contained in an electronic transmission.
(19) "Tangible medium" means a writing, copy of a writing, facsimile, or a physical reproduction, each on paper or on other tangible material.
(20) "Writing" does not include an electronic transmission.
(21) "Written" means embodied in a tangible medium.
(22) "Registered office" means the address of the corporation's registered agent.
Sec. 3102. RCW 24.03.017 and 2004 c 265 s 5 are each amended to read as follows:
Any corporation organized under any act of the state of Washington for any one or more of the purposes for which a corporation may be organized under this chapter and for no purpose other than those permitted by this chapter, and to which this chapter does not otherwise apply, may elect to have this chapter and the provisions thereof apply to such corporation. Such corporation may so elect by having a resolution to do so adopted by the governing body of such corporation and by delivering to the secretary of state a statement of election in accordance with this section. Such statement of election shall be executed by the corporation by an officer of the corporation, and shall set forth:
(1) The name of the corporation;
(2) The act which created the corporation or pursuant to which it was organized;
(3) That the governing body of the corporation has elected to have this chapter and the provisions thereof apply to the corporation.
The statement of
election shall be delivered to the secretary of state((. If the secretary of
state finds that the statement of election conforms to law, the secretary of
state shall, when fees in the same amount as required by this chapter for
filing articles of incorporation have been paid, endorse on the statement the
word "filed" and the effective date of the filing thereof, shall file
the statement, and shall issue a certificate of elective coverage to which an
exact or conformed copy of the statement shall be affixed.
The certificate of
elective coverage together with the exact or conformed copy of the statement
affixed thereto by the secretary of state shall be returned to the corporation
or its representative))
for filing in accordance with part I, Article 2 of this act. Upon the
filing of the statement of elective coverage, the provisions of this chapter
shall apply to the corporation which thereafter shall be subject to and shall
have the benefits of this chapter and the provisions thereof as they exist on
the date of filing such statement of election and as they may be amended from
time to time thereafter, including, without limiting the generality of the
foregoing, the power to amend its charter or articles of incorporation, whether
or not created by special act of the legislature, delete provisions therefrom
and add provisions thereto in any manner and to any extent it may choose to do
from time to time so long as its amended articles shall not be inconsistent
with the provisions of this chapter.
Sec. 3103. RCW 24.03.045 and 2004 c 265 s 7 are each amended to read as follows:
The corporate
name((:
(1) Shall not
contain any word or phrase which indicates or implies that it is organized for
any purpose other than one or more of the purposes contained in its articles of
incorporation.
(2)(a) Except as
provided in (b) and (c) of this subsection, must be distinguishable upon the
records of the secretary of state from:
(i) The corporate
name or reserved name of a corporation or domestic corporation organized or
authorized to transact business under this chapter;
(ii) A corporate
name reserved or registered under chapter 23B.04 RCW;
(iii) The fictitious
name adopted under RCW 23B.15.060 by a foreign corporation authorized to
transact business in this state because its real name is unavailable;
(iv) The name or
reserved name of a mutual corporation or miscellaneous corporation incorporated
or authorized to do business under chapter 24.06 RCW;
(v) The name or
reserved name of a foreign or domestic limited partnership formed or registered
under chapter 25.10 RCW;
(vi) The name or
reserved name of a limited liability company organized or registered under chapter
25.15 RCW; and
(vii) The name or
reserved name of a limited liability partnership registered under chapter 25.04
RCW.
(b) A corporation
may apply to the secretary of state for authorization to use a name that is not
distinguishable upon the records from one or more of the names described in (a)
of this subsection. The secretary of state shall authorize use of the name
applied for if:
(i) The other
corporation, company, holder, limited liability partnership, or limited
partnership consents to the use in the form of a record and files with the
secretary of state records necessary to change its name or the name reserved or
registered to a name that is distinguishable upon the records of the secretary
of state from the name of the applying corporation; or
(ii) The applicant
delivers to the secretary of state a certified copy of the final judgment of a
court of competent jurisdiction establishing the applicant's right to use the
name applied for in this state.
(c) A corporation
may use the name, including the fictitious name, of another domestic or foreign
corporation, limited liability company, limited partnership, or limited
liability partnership, that is used in this state if the other entity is formed
or authorized to transact business in this state, and the proposed user
corporation:
(i) Has merged with
the other corporation, limited liability company, or limited partnership; or
(ii) Has been
formed by reorganization of the other corporation.
(3) Shall be
transliterated into letters of the English alphabet, if it is not in English.
(4) Shall not
include or end with "incorporated," "company,"
"corporation," "partnership," "limited
partnership," or "Ltd.," or any abbreviation thereof, but may
use "club," "league," "association,"
"services," "committee," "fund,"
"society," "foundation," ". . . . . ., a nonprofit
corporation," or any name of like import.
(5) May only
include the term "public benefit" or names of like import if the
corporation has been designated as a public benefit nonprofit corporation by
the secretary in accordance with this chapter.
(6) A name shall
not be considered distinguishable upon the records of the secretary of state by
virtue of:
(a) A variation in
any of the following designations for the same name: "Corporation,"
"incorporated," "company," "limited,"
"partnership," "limited partnership," "limited
liability company," or "limited liability partnership," or the abbreviations
"corp.," "inc.," "co.," "ltd.,"
"LP," "L.P.," "LLP," "L.L.P.,"
"LLC," or "L.L.C.";
(b) The addition or
deletion of an article or conjunction such as "the" or
"and" from the same name;
(c) Punctuation,
capitalization, or special characters or symbols in the same name; or
(d) Use of
abbreviation or the plural form of a word in the same name.
(7) This title does
not control the use of assumed business names or "trade names.")) must comply
with the provisions of part I, Article 3 of this act.
Sec. 3104. RCW 24.03.046 and 1993 c 356 s 1 are each amended to read as follows:
A person may
reserve the
exclusive right to the use of a corporate name ((may be reserved by:
(1) Any person
intending to organize a corporation under this title.
(2) Any domestic
corporation intending to change its name.
(3) Any foreign
corporation intending to make application for a certificate of authority to
transact business in this state.
(4) Any foreign
corporation authorized to transact business in this state and intending to
change its name.
(5) Any person
intending to organize a foreign corporation and intending to have such
corporation make application for a certificate of authority to transact
business in this state.
The reservation
shall be made by filing with the secretary of state an application to reserve a
specified corporate name, executed by or on behalf of the applicant. If the
secretary of state finds that the name is available for corporate use, the
secretary of state shall reserve the same for the exclusive use of the
applicant for a period of one hundred and eighty days. Such reservation shall
be limited to one filing.
The right to the
exclusive use of a specified corporate name so reserved may be transferred to
any other person or corporation by filing in the office of the secretary of
state, a notice of such transfer, executed by the applicant for whom the name
was reserved, and specifying the name and address of the transferee)) in accordance
with section 1303 of this act.
Sec. 3105. RCW 24.03.047 and 1994 c 211 s 1306 are each amended to read as follows:
Any corporation((,))
organized and existing under the laws of any state or territory of the United
States may register its corporate name ((under this title, provided its
corporate name is not the same as, or deceptively similar to, the name of any
domestic corporation existing under the laws of this state, the name of any
foreign corporation authorized to transact business in this state, the name of
any domestic limited liability company organized under the laws of this state,
the name of any foreign limited liability company authorized to transact
business in this state, the name of any limited partnership on file with the
secretary, or any corporate name reserved or registered under this title.
Such registration
shall be made by:
(1) Filing with the
secretary of state: (a) An application for registration executed by the
corporation by an officer thereof, setting forth the name of the corporation,
the state or country under the laws of which it is incorporated, [and] the date
of its incorporation, and (b) a certificate setting forth that such corporation
is in good standing under the laws of the state or territory wherein it is
organized, executed by the secretary of state of such state or country or by
such other official as may have custody of the records pertaining to
corporations, and
(2) Paying to the
secretary of state the applicable registration fee.
The registration
shall be effective until the close of the calendar year in which the
application for registration is filed)) in accordance with section 1304 of
this act.
Sec. 3106. RCW 24.03.048 and 1986 c 240 s 8 are each amended to read as follows:
A corporation which
has in effect a registration of its corporate name((,)) may renew such
registration ((from year to year by annually filing an application for
renewal setting forth the facts required to be set forth in an original
application for registration and a certificate of good standing as required for
the original registration and by paying the applicable fee. A renewal
application may be filed between the first day of October and the thirty-first
day of December in each year, and shall extend the registration for the
following calendar year)) in accordance with section 1304 of this act.
Sec. 3107. RCW 24.03.050 and 2009 c 202 s 1 are each amended to read as follows:
Each corporation
shall have and continuously maintain in this state((:
(1) A registered
office which may be, but need not be, the same as its principal office. The
registered office shall be at a specific geographic location in this state, and
be identified by number, if any, and street, or building address or rural
route, or, if a commonly known street or rural route address does not exist, by
legal description. A registered office may not be identified by post office box
number or other nongeographic address. For purposes of communicating by mail,
the secretary of state may permit the use of a post office address in
conjunction with the registered office address if the corporation also
maintains on file the specific geographic address of the registered office
where personal service of process may be made.
(2) A registered
agent, which agent may be either an individual resident in this state whose
business office is identical with such registered office, or a domestic
corporation, whether for profit or not for profit, or a governmental body or
agency, or a foreign corporation, whether for profit or not for profit,
authorized to transact business or conduct affairs in this state, having an
office identical with such registered office, or a domestic limited liability
company whose business office is identical with the registered office, or a
foreign limited liability company authorized to conduct affairs in this state
whose business address is identical with the registered office. A registered
agent shall not be appointed without having given prior consent to the
appointment, in the form of a record. The consent shall be filed with the
secretary of state in such form as the secretary may prescribe. The consent
shall be filed with or as a part of the record first appointing a registered agent.
In the event any individual, corporation, or limited liability company has been
appointed agent without consent, that person, corporation, or limited liability
company may file a notarized statement attesting to that fact, and the name
shall immediately be removed from the records of the secretary of state.
No Washington
corporation or foreign corporation authorized to conduct affairs in this state
may be permitted to maintain any action in any court in this state until the
corporation complies with the requirements of this section)) a registered
agent in accordance with part I, Article 4 of this act.
Sec. 3108. RCW 24.03.055 and 2004 c 265 s 9 are each amended to read as follows:
A corporation may
change its registered ((office or change its registered)) agent((, or
both, upon)) by filing in the office of the secretary of state ((in
the form prescribed by the secretary of state a statement setting forth:
(1) The name of the
corporation.
(2) If the current
registered office is to be changed, the street address to which the registered
office is to be changed.
(3) If the current
registered agent is to be changed, the name of the new registered agent.
(4) That the
address of its registered office and the address of the office of its
registered agent, as changed, will be identical.
Such statement
shall be executed by the corporation by an officer of the corporation, and
delivered to the secretary of state, together with a consent, in the form of a
record, of the registered agent to the appointment, if applicable. If the
secretary of state finds that such statement conforms to the provisions of this
chapter, the secretary of state shall endorse thereon the word
"Filed," and the month, day, and year of the filing thereof, and file
the statement. The change of address of the registered office, or the
appointment of a new registered agent, or both, as the case may be, shall
become effective upon filing unless a later date is specified)) a statement
of change in accordance with section 1407 of this act.
Any registered
agent of a corporation may resign as such agent upon filing a notice thereof,
in the form of a record, with the secretary of state((, who shall
immediately deliver an exact or conformed copy thereof to the corporation in care
of an officer, who is not the resigning registered agent, at the address of
such officer as shown by the most recent annual report of the corporation. The
appointment of such agent shall terminate upon the expiration of thirty days
after receipt of such notice by the secretary of state)) in accordance
with section 1410 of this act.
((If)) A
registered agent ((changes the agent's business address to another place
within the state, the agent may change such address and the address of the
registered office of any corporation of which the agent is a registered agent,
by filing a statement as required by this section except that it need be
executed only by the registered agent, it need not be responsive to subsection
(3) of this section, and it must recite that a copy of the statement has been
delivered to the secretary of the corporation)) may change its
information on file with the secretary of state in accordance with section 1408
or 1409 of this act.
Sec. 3109. RCW 24.03.060 and 1986 c 240 s 11 are each amended to read as follows:
((The registered
agent so appointed by a corporation shall be an agent of such corporation upon
whom any)) Service of process, notice, or demand required or
permitted by law to be served upon the corporation may be ((served.
Whenever a
corporation shall fail to appoint or maintain a registered agent in this state,
or whenever its registered agent cannot with reasonable diligence be found at
the registered office, then the secretary of state shall be an agent of such
corporation upon whom any such process, notice, or demand may be served.
Service on the secretary of state of any such process, notice, or demand shall
be made by delivering to and leaving with the secretary of state, or with any
duly authorized clerk of the corporation department of the secretary of state's
office, duplicate copies of such process, notice or demand. In the event any
such process, notice or demand is served on the secretary of state, the
secretary of state shall immediately cause one of the copies thereof to be
forwarded by certified mail, addressed to the secretary of the corporation as
shown on the records of the secretary of state. Any service so had on the
secretary of state shall be returnable in not less than thirty days.
The secretary of
state shall keep a record of all processes, notices and demands served upon the
secretary of state under this section, and shall record therein the time of
such service and the secretary of state's action with reference thereto.
Nothing herein
contained shall limit or affect the right to serve any process, notice or
demand required or permitted by law to be served upon a corporation in any
other manner now or hereafter permitted by law)) made in
accordance with section 1411 of this act.
Sec. 3110. RCW 24.03.145 and 2002 c 74 s 7 are each amended to read as follows:
The articles of
incorporation shall be delivered to the secretary of state((. If the
secretary of state finds that the articles of incorporation conform to law, the
secretary of state shall, when all fees have been paid as in this chapter
prescribed:
(1) Endorse on the
articles the word "Filed" and the effective date of the filing.
(2) File the
articles.
(3) Issue a
certificate of incorporation.
The certificate of
incorporation together with an exact or conformed copy of the articles of
incorporation will be returned to the incorporators or their representative)) for filing in
accordance with part I, Article 2 of this act.
Sec. 3111. RCW 24.03.175 and 2002 c 74 s 8 are each amended to read as follows:
The articles of
amendment shall be delivered to the secretary of state((. If the secretary
of state finds that the articles of amendment conform to law, the secretary of
state shall, when all fees have been paid as in this chapter prescribed:
(1) Endorse on the
articles the word "Filed," and the effective date of the filing.
(2) File the
articles.
The exact or
conformed copy of the articles of amendment bearing the filing endorsement
affixed thereto by the secretary of state, shall be returned to the corporation
or its representative))
for filing in accordance with part I, Article 2 of this act.
Sec. 3112. RCW 24.03.180 and 1986 c 240 s 28 are each amended to read as follows:
((Upon the
filing of the articles of amendment by the secretary of state, or on such later
date, not more than thirty days subsequent to the filing thereof by the
secretary of state, as may be provided in the articles of amendment, the
amendment shall become effective and the articles of incorporation shall be
deemed to be amended accordingly)) Articles of amendment are effective
as provided in section 1203 of this act and may state a delayed effective date
in accordance with section 1203 of this act.
No amendment shall affect any existing cause of action in favor of or against such corporation, or any pending action to which such corporation shall be a party, or the existing rights of persons other than members; and, in the event the corporate name shall be changed by amendment, no action brought by or against such corporation under its former name shall abate for that reason.
Sec. 3113. RCW 24.03.183 and 2004 c 265 s 18 are each amended to read as follows:
A domestic corporation may at any time restate its articles of incorporation by a resolution adopted by the board of directors. A corporation may amend and restate in one resolution, but may not present the amendments and restatement for filing by the secretary in a single record. Separate articles of amendment, under RCW 24.03.165 and articles of restatement, under this section, must be presented notwithstanding the corporation's adoption of a single resolution of amendment and restatement.
Upon the adoption of the resolution, restated articles of incorporation shall be executed by the corporation by one of its officers. The restated articles shall set forth all of the operative provisions of the articles of incorporation together with a statement that the restated articles of incorporation correctly set forth without change the provisions of the articles of incorporation as amended and that the restated articles of incorporation supersede the original articles of incorporation and all amendments thereto.
The restated
articles of incorporation shall be delivered to the secretary of state((. If
the secretary of state finds that the restated articles of incorporation
conform to law, the secretary of state shall, when all fees required by this
title have been paid:
(1) Endorse on the
articles the word "Filed" and the date of the filing;
(2) File the
restated articles.
An exact or
conformed copy of the restated articles of incorporation bearing the
endorsement affixed thereto by the secretary of state, shall be returned to the
corporation or its representative)) for filing in accordance with part
I, Article 2 of this act.
Upon the filing of the restated articles of incorporation by the secretary of state, the restated articles of incorporation shall become effective and shall supersede the original articles of incorporation and all amendments thereto.
Sec. 3114. RCW 24.03.200 and 2004 c 265 s 20 are each amended to read as follows:
(1) Upon such approval, articles of merger or articles of consolidation shall be executed by each corporation by an officer of each corporation, and shall set forth:
(a) The plan of merger or the plan of consolidation;
(b) Where the members of any merging or consolidating corporation have voting rights, then as to each such corporation (i) a statement setting forth the date of the meeting of members at which the plan was adopted, that a quorum was present at such meeting, and that such plan received at least two-thirds of the votes which members present at such meeting or represented by proxy were entitled to cast, or (ii) a statement that such amendment was adopted by a consent in the form of a record executed by all members entitled to vote with respect thereto;
(c) Where any merging or consolidating corporation has no members, or no members having voting rights, then as to each such corporation a statement of such fact, the date of the meeting of the board of directors at which the plan was adopted and a statement of the fact that such plan received the vote of a majority of the directors in office.
(2) The articles of
merger or articles of consolidation shall be delivered to the secretary of
state((. If the secretary of state finds that such articles conform to law,
the secretary of state shall, when all fees have been paid as in this chapter
prescribed:
(a) Endorse on the
articles of merger or consolidation the word "Filed," and the date of
the filing;
(b) File the
articles of merger or consolidation.
An exact or
conformed copy of the articles of merger or articles of consolidation bearing
the filing endorsement affixed thereto by the secretary of state, shall be
returned to the surviving or new corporation, as the case may be, or its
representative))
for filing in accordance with part I, Article 2 of this act.
Sec. 3115. RCW 24.03.205 and 1986 c 240 s 34 are each amended to read as follows:
A merger or
consolidation shall become effective upon the filing of the articles of merger
or articles of consolidation with the secretary of state((, or on such later
date, not more than thirty days after the filing thereof with the secretary of
state, as shall be provided for in the plan)) as provided in section
1203 of this act, and may state a delayed effective date as provided in section
1203 of this act.
Sec. 3116. RCW 24.03.207 and 2004 c 265 s 21 are each amended to read as follows:
One or more foreign corporations and one or more domestic corporations may be merged or consolidated in the following manner, if such merger or consolidation is permitted by the laws of the state under which each such foreign corporation is organized:
(1) Each domestic corporation shall comply with the provisions of this title with respect to the merger or consolidation as the case may be, of domestic corporations and each foreign corporation shall comply with the applicable provisions of the laws of the state under which it is organized.
(2) If the
surviving or new corporation in a merger or consolidation is to be governed by
the laws of any state other than this state, it shall comply with the
provisions of this title and part I, Article 5 of this act with respect
to foreign corporations if it is to transact business in this state, and in
every case it shall file with the secretary of state of this state((:
(a))) an
agreement that it may be served with process in ((this state)) accordance
with section 1411 of this act in any proceeding for the enforcement of any
obligation of any domestic corporation which is a party to the merger or
consolidation and in any proceeding for the enforcement of the rights, if any,
of a member of any such domestic corporation against the surviving or new
corporation((; and
(b) An irrevocable
appointment of the secretary of state of this state as its agent to accept
service of process in any such proceeding)).
The effect of the merger or consolidation shall be the same as in the case of the merger or consolidation of domestic corporations, if the surviving or new corporation is to be governed by the laws of this state. If the surviving or new corporation is to be governed by the laws of any state other than this state, the effect of the merger or consolidation shall be the same as in the case of the merger or consolidation of domestic corporations except as the laws of the other state provide otherwise.
(3) At any time
prior to the effective date of the articles of merger or consolidation, the
merger or consolidation may be abandoned pursuant to provision therefor, if
any, set forth in the plan of merger or consolidation. In the event the merger
or consolidation is abandoned, the parties thereto shall execute a notice of
abandonment ((in triplicate)) executed by an officer for each
corporation executing the notice, which must be in the form of a record, and
deliver the notice to the secretary of state for filing in accordance with part
I, Article 2 of this act. ((If the secretary of state finds the notice
conforms to law, the secretary of state shall:
(a) Endorse on each
of the originals the word "Filed" and the date of the filing;
(b) File one of the
triplicate originals in the secretary of state's office; and
(c) Issue the other
triplicate originals to the respective parties or their representatives.))
Sec. 3117. RCW 24.03.245 and 2002 c 74 s 11 are each amended to read as follows:
Articles of
dissolution shall be delivered to the secretary of state for filing in
accordance with part I, Article 2 of this act. ((If the secretary of
state finds that such articles of dissolution conform to law, the secretary of
state shall, when all requirements have been met as in this chapter prescribed:
(1) Endorse on the
articles of dissolution the word "Filed," and the effective date of
the filing.
(2) File the
articles of dissolution.
The exact or
conformed copy of the articles of dissolution, bearing the filing endorsement
affixed thereto by the secretary of state, shall be returned to the
representative of the dissolved corporation.)) Upon the filing of such articles
of dissolution the existence of the corporation shall cease, except for the
purpose of suits, other proceedings and appropriate corporate action by
members, directors, and officers as provided in this chapter.
Sec. 3118. RCW 24.03.300 and 1986 c 240 s 41 are each amended to read as follows:
The dissolution of
a corporation either (1) by the filing and issuance of a certificate of
dissolution, voluntary or administrative, by the secretary of state, or (2) by
a decree of court when the court has not liquidated the assets and affairs of
the corporation as provided in this chapter, or (3) by expiration of its period
of duration, shall not take away or impair any remedy available to or against
such corporation, its directors, officers, or members, for any right or claim
existing, or any liability incurred, prior to such dissolution if action or
other proceeding thereon is commenced within two years after the date of such
dissolution. Any such action or proceeding by or against the corporation may be
prosecuted or defended by the corporation in its corporate name. The members,
directors and officers shall have power to take such corporate or other action
as shall be appropriate to protect such remedy, right or claim. If such
corporation was dissolved by the expiration of its period of duration, such
corporation may amend its articles of incorporation at any time during such
period of two years after expiration so as to extend its period of duration.
If, during the period of dissolution, another person or corporation has
reserved or adopted a corporate name which is identical to or deceptively
similar to the dissolved corporation's name, the corporation extending its
period of duration shall be required to adopt another name consistent with the
requirements of ((this chapter)) part I, Article 3 of this act
and to amend its articles of incorporation accordingly. The corporation shall
also pay to the state all fees and penalties which would otherwise have been
due if the corporate charter had not expired, plus a reinstatement fee as ((provided
in this chapter)) established by the secretary of state under section
1213 of this act.
Sec. 3119. RCW 24.03.302 and 1994 c 287 s 8 are each amended to read as follows:
A corporation shall
be administratively dissolved by the secretary of state ((upon the
conditions prescribed in this section when the corporation:
(1) Has failed to
file or complete its annual report within the time required by law; or
(2) Has failed for
thirty days to appoint or maintain a registered agent in this state; or
(3) Has failed for
thirty days, after change of its registered agent or registered office, to file
in the office of the secretary of state a statement of such change.
A corporation shall
not be dissolved under this section unless the secretary of state has given the
corporation not less than sixty days' notice of its delinquency or omission, by
first-class mail, postage prepaid, addressed to the registered office, or, if
there is no registered office, to the last known address of any officer or
director as shown by the records of the secretary of state, and unless the corporation
has failed to correct the omission or delinquency before expiration of the
sixty-day period.
When a corporation
has given cause for dissolution under this section, and has failed to correct
the delinquency or omission as provided in this section, the secretary of the
state shall dissolve the corporation by issuing a certificate of administrative
dissolution containing a statement that the corporation has been dissolved and
the date and reason for which it was dissolved. The original certificate of administrative
dissolution shall be filed in the records of the secretary of state, and a copy
of the certificate shall forthwith be mailed to the corporation at its
registered office or, if there is no registered office, to the last known
address of the corporation or any officer, director, or incorporator of the
corporation, as shown by the records of the secretary of state. Upon the filing
of the certificate of administrative dissolution, the existence of the
corporation shall cease, except as otherwise provided in this chapter, and its
name shall be available to and may be adopted by another corporation after the
dissolution.
Any notice provided
by the secretary of state under this section shall be designed to clearly
identify and warn the recipient of the contents thereof. A delinquency notice
shall provide a succinct and readable description of the delinquency or
omission, the date on which dissolution will occur, and the action necessary to
cure the delinquency or omission prior to dissolution)) under the
circumstances and procedures provided in part I, Article 6 of this act.
A corporation which
has been administratively dissolved ((by operation of this section
may be reinstated within a period of three years following its administrative
dissolution if it completes and files a current annual report for the
reinstatement year or if it appoints or maintains a registered agent, or if it
files with the secretary of state a required statement of change of registered agent
or registered office and in addition, if it pays a reinstatement fee as set by
rule by the secretary plus the full amount of all annual fees that would have
been assessed for the years of administrative dissolution had the corporation
been in active status, including the reinstatement year plus any penalties
established by rule by the secretary of state. If, during the period of
dissolution, another person or corporation has reserved or adopted a corporate
name which is identical to or deceptively similar to the dissolved
corporation's name, the dissolved corporation seeking reinstatement shall be
required to adopt another name consistent with the requirements of this chapter
and to amend its articles of incorporation accordingly)) under section
1603 of this act may apply to the secretary of state for reinstatement in
accordance with section 1604 of this act.
When a corporation
has been administratively dissolved ((by operation of this section))
under section 1603 of this act, remedies available to or against it
shall survive in the manner provided in RCW 24.03.300 and the directors of the
corporation shall hold the title to the property of the corporation as trustees
for the benefit of its creditors and members.
Sec. 3120. RCW 24.03.305 and 1993 c 181 s 12 are each amended to read as follows:
((No)) (1)
A foreign corporation shall ((have the right to)) not conduct
affairs in this state until it ((shall have procured a certificate of
authority so to do from)) registers with the secretary of state in
accordance with part I, Article 5 of this act. ((No foreign corporation
shall be entitled to procure a certificate of authority under this chapter to
conduct in this state any affairs which a corporation organized under this chapter
is not permitted to conduct. A foreign corporation shall not be denied a
certificate of authority by reason of the fact that the laws of the state or
country under which such corporation is organized governing its organization
and internal affairs differ from the laws of this state, and nothing in this
chapter contained shall be construed to authorize this state to regulate the
organization or the internal affairs of such corporation.
Without excluding
other activities which may)) (2) A nonexhaustive list of activities that do
not constitute conducting affairs in this state((, a foreign corporation
shall not be considered to be conducting affairs in this state, for the
purposes of this chapter, by reason of carrying on in this state any one or
more of the following activities:
(1) Maintaining or
defending any action or suit or any administrative or arbitration proceeding,
or effecting the settlement thereof or the settlement of claims or disputes.
(2) Holding
meetings of its directors or members or carrying on other activities concerning
its internal affairs.
(3) Maintaining
bank accounts.
(4) Creating
evidences of debt, mortgages or liens on real or personal property.
(5) Securing or
collecting debts due to it or enforcing any rights in property securing the
same.
(6) Effecting sales
through independent contractors.
(7) Soliciting or
procuring orders, whether by mail or through employees or agents or otherwise,
where such orders require acceptance without this state before becoming binding
contracts.
(8) Creating as
borrower or lender, or acquiring, indebtedness or mortgages or other security
interests in real or personal property.
(9) Securing or
collecting debts or enforcing any rights in property securing the same.
(10) Transacting
any business in interstate commerce.
(11) Conducting an
isolated transaction completed within a period of thirty days and not in the
course of a number of repeated transactions of like nature.
(12) Operating an
approved branch campus of a foreign degree-granting institution in compliance
with chapter 28B.90 RCW and in accordance with RCW 24.03.307)) is provided
in section 1505 of this act.
Sec. 3121. RCW 24.03.310 and 1967 c 235 s 63 are each amended to read as follows:
A foreign
corporation ((which shall have received a certificate of authority under
this chapter shall, until a certificate of revocation or of withdrawal shall
have been issued as provided in this chapter, enjoy the same, but no greater,
rights and privileges as a domestic corporation organized for the purposes set
forth in the application pursuant to which such certificate of authorization is
issued; and, except as in this chapter otherwise provided, shall be subject to
the same duties, restrictions, penalties and liabilities now or hereafter
imposed upon a domestic corporation of like character)) that registers
to conduct affairs in this state is subject to section 1501 of this act
relating to the effect of registration and the governing law for registered
foreign corporations.
Sec. 3122. RCW 24.03.315 and 1982 c 35 s 98 are each amended to read as follows:
((No certificate
of authority shall be issued to a foreign corporation unless the corporate name
of such corporation complies with the provisions of RCW 24.03.045. However, a
foreign corporation applying for a certificate of authority may file with the
secretary of state a resolution of its board of directors adopting a fictitious
name for use in transacting business in this state, if the fictitious name
complies with RCW 24.03.045)) The corporate name of a foreign
corporation registered in this state must comply with the provisions of section
1506 of this act and part I, Article 3 of this act.
Sec. 3123. RCW 24.03.325 and 2002 c 74 s 12 are each amended to read as follows:
A foreign
corporation((, in order to procure a certificate of authority)) may
register to conduct affairs in this state((, shall make application
therefor)) by delivering to the secretary of state((, which
application shall set forth:
(1) The name of the
corporation and the state or country under the laws of which it is
incorporated.
(2) If the name of
the corporation contains the word "corporation," "company,"
"incorporated," or "limited," or contains an abbreviation
of one of such words, then the name of the corporation which it elects for use
in this state.
(3) The date of
incorporation and the period of duration of the corporation.
(4) The address of
the principal office of the corporation.
(5) A statement
that a registered agent has been appointed and the name and address of such
agent, and that a registered office exists and the address of such registered
office is identical to that of the registered agent.
(6) The purpose or
purposes of the corporation which it proposes to pursue in conducting its
affairs in this state.
(7) The names and
respective addresses of the directors and officers of the corporation.
(8) Such additional
information as may be necessary or appropriate in order to enable the secretary
of state to determine whether such corporation is entitled to a certificate of
authority to conduct affairs in this state.
The application
shall be made in the form prescribed by the secretary of state and shall)) for filing a
foreign registration statement in accordance with section 1503 of this act. The
statement must be executed by the corporation by one of its officers.
((The
application shall be accompanied by a certificate of good standing which has
been issued no more than sixty days before the date of filing of the
application for a certificate of authority to do business in this state and has
been certified to by the proper officer of the state or country under the laws
of which the corporation is incorporated.))
Sec. 3124. RCW 24.03.335 and 1982 c 35 s 100 are each amended to read as follows:
Upon the filing of
the ((application for certificate of authority)) foreign registration
statement by the secretary of state, the corporation shall be authorized to
conduct affairs in this state for those purposes set forth in its application,
subject, however, to the right of this state to ((suspend or to revoke such
authority)) terminate the registration as provided in ((this
chapter)) section 1511 of this act.
Sec. 3125. RCW 24.03.340 and 2004 c 265 s 29 are each amended to read as follows:
Each foreign
corporation ((authorized)) registered to conduct affairs in this
state shall have and continuously maintain in this state((:
(1) A registered
office which may be, but need not be, the same as its principal office. The
registered office shall be at a specific geographic location in this state, and
be identified by number, if any, and street, or building address or rural
route, or, if a commonly known street or rural route address does not exist, by
legal description. A registered office may not be identified by post office box
number or other nongeographic address. For purposes of communicating by mail,
the secretary of state may permit the use of a post office address in
conjunction with the registered office address if the corporation also
maintains on file the specific geographic address of the registered office
where personal service of process may be made.
(2) A registered
agent, which agent may be either an individual resident in this state whose
business office is identical with such registered office, or a domestic corporation,
whether for profit or not for profit, or a foreign corporation, whether for
profit or not for profit, authorized to transact business or conduct affairs in
this state, having an office identical with such registered office or a
domestic limited liability company whose business office is identical with the
registered office or a foreign limited liability company authorized to conduct
affairs in this state whose business address is identical with the registered
office. A registered agent shall not be appointed without having given prior
consent in the form of a record to the appointment. The consent shall be filed
with the secretary of state in such form as the secretary may prescribe. The
consent shall be filed with or as a part of the record first appointing a
registered agent. In the event any individual, corporation, or limited
liability company has been appointed agent without consent, that person,
corporation, or limited liability company may file a notarized statement
attesting to that fact, and the name shall immediately be removed from the
records of the secretary of state.
No foreign
corporation authorized to transact business in this state may be permitted to
maintain any action in any court in this state until the corporation complies
with the requirements of this section)) a registered agent in accordance
with part I, Article 4 of this act.
Sec. 3126. RCW 24.03.345 and 2004 c 265 s 30 are each amended to read as follows:
A foreign
corporation ((authorized)) registered to conduct affairs in this
state may change its ((registered office or change its)) registered
agent((, or both, upon filing in the office of)) by delivering to
the secretary of state ((in a form approved by the secretary of state)) for
filing a statement ((setting forth:
(1) The name of the
corporation.
(2) If the current
registered office is to be changed, the street address to which the registered
office is to be changed.
(3) If the current
registered agent is to be changed, the name of the new registered agent.
(4) That the
address of its registered office and the address of the office of its
registered agent, as changed, will be identical.
Such)) of change in
accordance with section 1407 of this act. The statement shall be executed
by the corporation by an officer of the corporation((, and delivered to the
secretary of state, together with a consent, in the form of a record, of the
registered agent to the appointment, if applicable. If the secretary of state
finds that such statement conforms to the provisions of this chapter, the
secretary of state shall endorse thereon the word "Filed," and the
month, day, and year of the filing thereof, and file the statement. The change
of address of the registered office, or the appointment of a new registered
agent, or both, as the case may be, shall become effective upon filing unless a
later date is specified)).
Any registered
agent in this state appointed by a foreign corporation may resign as such agent
((upon filing a notice thereof, in the form of a record, executed in
duplicate, with)) by executing and delivering to the secretary of
state ((who shall immediately deliver a copy thereof to the secretary of the
foreign corporation at its principal office as shown by its most recent annual
report. The appointment of such agent shall terminate upon the expiration of
thirty days after receipt of such notice by the secretary of state)) for
filing a statement of resignation in accordance with section 1410 of this act.
((If)) A
registered agent ((changes his or her business address to another place
within the state, the registered agent may change such address and the address
of the registered office of any corporation of which the registered agent is a
registered agent by filing a statement as required by this section, except that
it need be executed only by the registered agent, it need not be responsive to
subsection (3) of this section, and it must recite that a copy of the statement
has been delivered to the corporation)) of a foreign corporation may
change its information on file with the secretary of state in accordance with
section 1408 or 1409 of this act.
Sec. 3127. RCW 24.03.350 and 2011 c 336 s 658 are each amended to read as follows:
((The registered
agent so appointed by a foreign corporation authorized to conduct affairs in
this state shall be an agent of such corporation upon whom)) Service of
any process, notice, or demand required or permitted by law to be served
upon the corporation may be ((served.
Whenever a foreign
corporation authorized to conduct affairs in this state shall fail to appoint
or maintain a registered agent in this state, or whenever any such registered
agent cannot with reasonable diligence be found at the registered office, or
whenever the certificate of authority of a foreign corporation shall be
suspended or revoked, then the secretary of state shall be an agent of such
corporation upon whom any such process, notice, or demand may be served.
Service on the secretary of state of any such process, notice, or demand shall
be made by delivering to and leaving with the secretary of state, or with any
duly authorized clerk of the corporation department of the secretary of state's
office, duplicate copies of such process, notice or demand. In the event any
such process, notice, or demand is served on the secretary of state, the
secretary of state shall immediately cause one of such copies thereof to be
forwarded by certified mail, addressed to the secretary of the corporation as
shown on the records of the secretary of state. Any service so had on the
secretary of state shall be returnable in not less than thirty days.
The secretary of
state shall keep a record of all processes, notices, and demands served upon
the secretary of state under this section, and shall record therein the time of
such service and his or her action with reference thereto)) made in
accordance with section 1411 of this act.
Nothing herein contained shall limit or affect the right to serve any process, notice, or demand, required or permitted by law to be served upon a corporation in any other manner now or hereafter permitted by law.
Sec. 3128. RCW 24.03.365 and 2004 c 265 s 31 are each amended to read as follows:
A foreign
corporation ((authorized)) registered to conduct affairs in this
state shall ((procure an amended certificate of authority in the event it
changes its corporate name, or desires to pursue in this state other or
additional purposes than those set forth in its prior application for a certificate
of authority, by making application therefor to the secretary of state.
The requirements in
respect to the form and contents of such application, the manner of its
execution, the filing of the application with the secretary of state, the
issuance of an amended certificate of authority and the effect thereof, shall
be the same as in the case of an original application for a certificate of
authority))
amend its foreign registration statement under the circumstances specified
in section 1504 of this act.
Sec. 3129. RCW 24.03.370 and 1993 c 356 s 7 are each amended to read as follows:
A foreign
corporation ((authorized)) registered to conduct affairs in this
state may withdraw from this state ((upon procuring from)) by
delivering a statement of withdrawal to the secretary of state ((a
certificate of withdrawal. In order to procure such certificate of withdrawal,
such foreign corporation shall deliver to the secretary of state an application
for withdrawal, which shall set forth:
(1) The name of the
corporation and the state or country under the laws of which it is
incorporated.
(2) That the
corporation is not conducting affairs in this state.
(3) That the
corporation surrenders its authority to conduct affairs in this state.
(4) That the
corporation revokes the authority of its registered agent in this state to
accept service of process and consents that service of process in any action,
suit or proceeding based upon any cause of action arising in this state during
the time the corporation was authorized to conduct affairs in this state may
thereafter be made on such corporation by service thereof on the secretary of
state.
(5) A copy of a
revenue clearance certificate issued pursuant to chapter 82.32 RCW.
(6) A post office
address to which the secretary of state may mail a copy of any process against
the corporation that may be served on the secretary of state.
The application for
withdrawal shall be made on forms prescribed and furnished by the secretary of
state and shall be executed by the corporation by an officer of the
corporation, or, if the corporation is in the hands of a receiver or trustee,
shall be executed on behalf of the corporation by such receiver or trustee)) for filing in
accordance with section 1507 of this act.
Sec. 3130. RCW 24.03.380 and 2004 c 265 s 32 are each amended to read as follows:
(1) The ((certificate
of authority)) registration of a foreign corporation to conduct
affairs in this state ((shall be revoked)) may be terminated by
the secretary of state ((upon the conditions prescribed in this section
when:
(a) The corporation
has failed to file its annual report within the time required by this chapter,
or has failed to pay any fees or penalties prescribed by this chapter when they
have become due and payable; or
(b) The corporation
has failed for thirty days to appoint and maintain a registered agent in this
state as required by this chapter; or
(c) The corporation
has failed, for thirty days after change of its registered agent or registered
office, to file in the office of the secretary of state a statement of such
change as required by this chapter; or
(d) The corporation
has continued to exceed or abuse the authority conferred upon it by this
chapter; or
(e) A
misrepresentation has been made of any material matter in any application,
report, affidavit, or other record submitted by such corporation pursuant to
this chapter.
(2) Prior to
revoking a certificate of authority under subsection (1) of this section, the
secretary of state shall give the corporation written notice of the
corporation's delinquency or omission by first-class mail, postage prepaid,
addressed to the corporation's registered agent. If, according to the records
of the secretary of state, the corporation does not have a registered agent,
the notice may be given by mail addressed to the corporation at its last known
address or at the address of any officer or director of the corporation, as
shown by the records of the secretary of state. Notice is deemed to have been
given five days after the date deposited in the United States mail, correctly
addressed, and with correct postage affixed. The notice shall inform the
corporation that its certificate of authority shall be revoked at the expiration
of sixty days following the date the notice had been deemed to have been given,
unless it corrects the delinquency or omission within the sixty-day period.
(3) Any notice
provided by the secretary of state under this section shall be designed to
clearly identify and warn the recipient of the contents thereof. A delinquency
notice shall provide a succinct and readable description of the delinquency or
omission, the date on which dissolution will occur, and the action necessary to
cure the delinquency or omission prior to dissolution.
(4) The attorney
general may take such action regarding revocation of a certificate of authority
as is provided by RCW 24.03.250 for the dissolution of a domestic corporation.
The procedures of RCW 24.03.250 shall apply to any action under this section.
The clerk of any superior court entering a decree of revocation of a
certificate of authority shall file a certified copy, without cost or filing
fee, with the office of the secretary of state)) in accordance
with section 1511 of this act.
Sec. 3131. RCW 24.03.390 and 1986 c 240 s 52 are each amended to read as follows:
((No)) A
foreign corporation which is conducting affairs in this state without ((a
certificate of authority shall be permitted to maintain any action, suit or
proceeding in any court of this state until such corporation shall have
obtained a certificate of authority. Nor shall any action, suit or proceeding
be maintained in any court of this state by any successor or assignee of such corporation
on any right, claim or demand arising out of the conduct of affairs by such
corporation in this state, until a certificate of authority shall have been
obtained by such corporation or by a corporation which has acquired all or
substantially all of its assets.
The failure of a
foreign corporation to obtain a certificate of authority to conduct affairs in
this state shall not impair the validity of any contract or act of such
corporation, and shall not prevent such corporation from defending any action,
suit or proceeding in any court of this state.
A foreign
corporation which transacts business in this state without a certificate of
authority shall be liable to this state, for the years or parts thereof during
which it transacted business in this state without a certificate of authority,
in an amount equal to all fees which would have been imposed by this chapter
upon such corporation had it duly applied for and received a certificate of
authority to transact business in this state as required by this chapter and
thereafter filed all reports required by this chapter, plus all penalties
imposed by this chapter for failure to pay such fees. The attorney general
shall bring proceedings to recover all amounts due this state under the
provisions of this section)) registering with the secretary of state is
subject to section 1502 of this act.
Sec. 3132. RCW 24.03.395 and 1993 c 356 s 10 are each amended to read as follows:
Each domestic
corporation, and each foreign corporation ((authorized)) registered
to conduct affairs in this state, shall ((file, within the time prescribed
by this chapter,)) deliver an annual report ((in the form
prescribed by)) to the secretary of state((. The secretary may by
rule provide that a biennial filing meets this requirement. The report shall
set forth:
(1) The name of the
corporation and the state or country under the laws of which it is
incorporated;
(2) The address of
the registered office of the corporation in this state including street and number
and the name of its registered agent in this state at such address, and, in the
case of a foreign corporation, the address of its principal office;
(3) A brief
statement of the character of the affairs which the corporation is actually
conducting, or, in the case of a foreign corporation, which the corporation is
actually conducting in this state;
(4) The names and
respective addresses of the directors and officers of the corporation; and
(5) The
corporation's unified business identifier number.
The information
shall be given as of the date of the execution of the report. It shall be
executed by the corporation by an officer of the corporation, or, if the
corporation is in the hands of a receiver or trustee, it shall be executed on
behalf of the corporation by such receiver or trustee.
The secretary of
state may provide that correction or updating of information appearing on
previous annual or biennial filings is sufficient to constitute the current
filing))
in accordance with section 1212 of this act.
Sec. 3133. RCW 24.03.405 and 2010 1st sp.s. c 29 s 3 are each amended to read as follows:
(((1))) Nonprofit
corporations are subject to the applicable fees, charges, and penalties
established by the secretary of state ((must establish by rule, fees for
the following:
(a) Filing articles
of incorporation.
(b) Filing an
annual report of a domestic or foreign corporation.
(c) Filing an
application of a foreign corporation for a certificate of authority to conduct
affairs in this state.
(d) An application
for reinstatement under RCW 24.03.386.
(e) Filing articles
of amendment or restatement or an amendment or supplement to an application for
reinstatement.
(f) Filing articles
of merger or consolidation.
(g) Filing a
statement of change of address of registered office or change of registered
agent, or revocation, resignation, or any combination of these.
(h) Filing articles
of dissolution.
(i) Filing an
application of a foreign corporation for an amended certificate of authority to
conduct affairs in this state.
(j) Filing an
application for withdrawal of a foreign corporation and issuing a certificate
of withdrawal.
(k) Filing a
certificate by a foreign corporation of the appointment of a registered agent.
(l) Filing a
certificate of election adopting the provisions of chapter 24.03 RCW.
(m) Filing an
application to reserve a corporate name.
(n) Filing a notice
of transfer of a reserved corporate name.
(o) Filing a name
registration.
(p) Filing any
other statement or report authorized for filing under this chapter.
(2) Fees are
adjusted by rule only in an amount that does not exceed the average biennial
increase in the cost of providing service. This must be determined in a
biennial cost study performed by the secretary)) under section
1213 of this act and RCW 43.07.120.
Sec. 3134. RCW 24.03.425 and 2004 c 265 s 34 are each amended to read as follows:
Each director and
officer of a corporation, domestic or foreign, who fails or refuses within the
time prescribed by this chapter to answer truthfully and fully interrogatories
propounded to him or her by the secretary of state in accordance with the
provisions of this chapter((, or who signs any articles, statement, report,
application or other record filed with the secretary of state which is known to
such officer or director to be false in any material respect,)) shall be
deemed to be guilty of a misdemeanor, and upon conviction thereof may be fined
in any amount not exceeding five hundred dollars.
Sec. 3135. RCW 24.03.445 and 2004 c 265 s 36 are each amended to read as follows:
((If the
secretary of state shall fail to approve any articles of incorporation,
amendment, merger, consolidation or dissolution, or any other record required
by this chapter to be approved by the secretary of state before the same shall
be filed in his or her office, the secretary of state shall give written notice
of disapproval to the person or corporation, domestic or foreign, delivering
the same, specifying the reasons therefor. Within thirty days from such
disapproval such person or corporation may appeal to the superior court
pursuant to the provisions of the administrative procedure act, chapter 34.05
RCW)) Section 1206 of this act governs the secretary of state's duty to
file records delivered to the secretary of state for filing, the manner and
effect of filing, and procedures that apply when the secretary of state refuses
to file a record.
NEW SECTION. Sec. 3136. The following acts or parts of acts are each repealed:
(1) RCW 24.03.007 (Standards for electronic filing—Rules) and 2004 c 265 s 2 & 2002 c 74 s 5;
(2) RCW 24.03.008 (Records submitted for filing—Exact or conformed copies) and 2004 c 265 s 3 & 2002 c 74 s 6;
(3) RCW 24.03.3025 (Administrative dissolution or revocation of a certificate of authority—Corporation name not distinguishable from name of governmental entity—Application by governmental entity) and 1997 c 12 s 2;
(4) RCW 24.03.303 (Reinstatement under certain circumstances—Request for relief) and 1987 c 117 s 6;
(5) RCW 24.03.307 (Foreign degree-granting institution branch campus—Acts not deemed transacting business in state) and 1993 c 181 s 6;
(6) RCW 24.03.320 (Change of name by foreign corporation) and 1986 c 240 s 44 & 1967 c 235 s 65;
(7) RCW 24.03.330 (Filing of application for certificate of authority) and 2004 c 265 s 27, 2002 c 74 s 13, 1986 c 240 s 46, 1982 c 35 s 99, 1969 ex.s. c 163 s 4, & 1967 c 235 s 67;
(8) RCW 24.03.375 (Filing of application for withdrawal) and 2002 c 74 s 14, 1982 c 35 s 105, & 1967 c 235 s 76;
(9) RCW 24.03.385 (Issuance of certificate of revocation) and 1986 c 240 s 51, 1982 c 35 s 107, & 1967 c 235 s 78;
(10) RCW 24.03.386 (Foreign corporations—Application for reinstatement) and 1993 c 356 s 8, 1987 c 117 s 1, & 1986 c 240 s 57;
(11) RCW 24.03.388 (Foreign corporations—Fees for application for reinstatement—Filing current annual report—Penalties established by rule) and 1994 c 287 s 9, 1993 c 356 s 9, 1991 c 223 s 3, 1987 c 117 s 2, & 1986 c 240 s 58;
(12) RCW 24.03.400 (Filing of annual or biennial report of domestic and foreign corporations—Notice—Reporting dates) and 2011 c 183 s 5, 1993 c 356 s 11, 1986 c 240 s 54, 1982 c 35 s 109, 1973 c 90 s 1, & 1967 c 235 s 81;
(13) RCW 24.03.410 (Miscellaneous fees) and 2004 c 265 s 33, 1993 c 269 s 6, 1982 c 35 s 111, 1979 ex.s. c 133 s 2, 1969 ex.s. c 163 s 6, & 1967 c 235 s 83;
(14) RCW 24.03.415 (Disposition of fees) and 2011 c 336 s 659 & 1967 c 235 s 84; and
(15) RCW 24.03.450 (Certificates and certified copies to be received in evidence) and 2004 c 265 s 37, 1982 c 35 s 116, & 1967 c 235 s 91.
PART IV
NONPROFIT MISCELLANEOUS AND MUTUAL CORPORATIONS ACT REVISIONS
Sec. 4101. RCW 24.06.005 and 2001 c 271 s 1 are each amended to read as follows:
As used in this chapter, unless the context otherwise requires, the term:
(1) "Corporation" or "domestic corporation" means a mutual corporation or miscellaneous corporation subject to the provisions of this chapter, except a foreign corporation.
(2) "Foreign corporation" means a mutual or miscellaneous corporation or other corporation organized under laws other than the laws of this state which would be subject to the provisions of this chapter if organized under the laws of this state.
(3) "Mutual corporation" means a corporation organized to accomplish one or more of its purposes on a mutual basis for members and other persons.
(4) "Miscellaneous corporation" means any corporation which is organized for a purpose or in a manner not provided for by the Washington business corporation act or by the Washington nonprofit corporation act, and which is not required to be organized under other laws of this state.
(5) "Articles of incorporation" includes the original articles of incorporation and all amendments thereto, and includes articles of merger.
(6) "Bylaws" means the code or codes of rules adopted for the regulation or management of the affairs of the corporation irrespective of the name or names by which such rules are designated.
(7) "Member" means one having membership rights in a corporation in accordance with provisions of its articles of incorporation or bylaws.
(8) "Stock" or "share" means the units into which the proprietary interests of a corporation are divided in a corporation organized with stock.
(9) "Stockholder" or "shareholder" means one who is a holder of record of one or more shares in a corporation organized with stock.
(10) "Board of directors" means the group of persons vested with the management of the affairs of the corporation irrespective of the name by which such group is designated.
(11) "Insolvent" means inability of a corporation to pay debts as they become due in the usual course of its affairs.
(12) "Duplicate originals" means two copies, original or otherwise, each with original signatures, or one original with original signatures and one copy thereof.
(13) "Conforms to law" as used in connection with duties of the secretary of state in reviewing documents for filing under this chapter, means the secretary of state has determined the document complies as to form with the applicable requirements of this chapter.
(14)
"Effective date" means, in connection with a document filing made by
the secretary of state, the date ((which is shown by affixing a
"filed" stamp on the documents. When a document is received for
filing by the secretary of state in a form which complies with the requirements
of this chapter and which would entitle the document to be filed immediately
upon receipt, but the secretary of state's approval action occurs subsequent to
the date of receipt, the secretary of state's filing date shall relate back to
the date on which the secretary of state first received the document in
acceptable form. An applicant may request a specific effective date no more
than thirty days later than the receipt date which might otherwise be applied
as the effective date)) on which the filing becomes effective under
section 1203 of this act.
(15) "Executed by an officer of the corporation," or words of similar import, means that any document signed by such person shall be and is signed by that person under penalties of perjury and in an official and authorized capacity on behalf of the corporation or person making the document submission with the secretary of state.
(16) "An officer of the corporation" means, in connection with the execution of documents submitted for filing with the secretary of state, the president, a vice president, the secretary, or the treasurer of the corporation.
(17) "Electronic transmission" or "electronically transmitted" means any process of electronic communication not directly involving the physical transfer of paper that is suitable for the retention, retrieval, and reproduction of the transmitted information by the recipient. However, such an electronic transmission must either set forth or be submitted with information, including any security or validation controls used, from which it can reasonably be determined that the electronic transmission was authorized by, as applicable, the corporation or shareholder or member by or on behalf of which the electronic transmission was sent.
(18) "Consumer cooperative" means a corporation engaged in the retail sale, to its members and other consumers, of goods or services of a type that are generally for personal, living, or family use.
(19) "Registered office" means the address of the corporation's registered agent.
Sec. 4102. RCW 24.06.032 and 2012 c 216 s 1 are each amended to read as follows:
(1) In addition to
any other rights and powers granted under this chapter, any mutual or
miscellaneous corporation that was organized under this chapter prior to June
10, 2004, and conducts its business on a cooperative basis is entitled, by
means of an express election contained in its articles of incorporation or
bylaws, to avail itself of part or all of the additional rights and powers
granted to cooperative associations under RCW 23.86.105(1), 23.86.160, and
23.86.170, and, if the corporation is a consumer cooperative, under section
1302(6) of this act and RCW 23.86.030 (((1) and)) (2).
(2) Any other provision of this chapter notwithstanding:
(a) A consumer cooperative organized under this chapter may give notice to its members of the place, day, and hour of its annual meeting not less than ten nor more than one hundred twenty days before the date of the annual meeting.
(b) A consumer cooperative organized under this chapter may satisfy any provisions of this chapter requiring that certain information or materials must be set forth in a writing accompanying or contained in the notice of a meeting of its members, by: (i) Posting the information or materials on an electronic network not less than thirty days prior to the meeting at which such information or materials will be considered by members; and (ii) delivering to those members who are eligible to vote a notification, either in a meeting notice authorized under this chapter or in such other reasonable form as the board of directors may specify, setting forth the address of the electronic network at which and the date after which such information or materials will be posted and available for viewing by members eligible to vote, together with comprehensible instructions regarding how to obtain access to the information and materials posted on the electronic network. A consumer cooperative that elects to post information or materials required by this chapter on an electronic network shall, at its expense, provide a copy of such information or materials in a written or other tangible medium to any member who is eligible to vote and so requests.
(c) The articles of incorporation or bylaws of a consumer cooperative organized under this chapter may provide that the annual meeting of its members need not involve a physical assembly at a particular geographic location if the meeting is held by means of electronic or other remote communications with its members, in a fashion that its board of directors determines will afford members a reasonable opportunity to read or hear the proceedings substantially concurrently with their occurrence, to vote by electronic transmission on matters submitted to a vote by members, and to pose questions of and make comments to management, subject to such procedural guidelines and limitations as its board of directors may adopt. Members participating in an annual meeting by means of electronic or other remote communications technology in accordance with any such procedural guidelines and limitations shall be deemed present at the meeting for all purposes under this chapter. For any annual meeting of members that is conducted by means of electronic or other remote communications without a physical assembly at a geographic location, the address of the electronic network or other communications site or connection specified in the notice of the meeting shall be deemed to be the place of the meeting.
Sec. 4103. RCW 24.06.045 and 1998 c 102 s 4 are each amended to read as follows:
The corporate
name((:
(1) Shall not
contain any word or phrase which indicates or implies that it is organized for
any purpose other than one or more of the purposes contained in its articles of
incorporation.
(2)(a) Except as
provided in (b) and (c) of this subsection, must be distinguishable upon the
records of the secretary of state from:
(i) The corporate
name of a corporation organized or authorized to transact business in this
state;
(ii) A corporate
name reserved or registered under chapter 23B.04 RCW;
(iii) The name or
reserved name of a mutual corporation or miscellaneous corporation incorporated
or authorized to do business under this chapter;
(iv) The fictitious
name adopted under RCW 23B.15.060 by a foreign corporation authorized to
transact business in this state because its real name is unavailable;
(v) The corporate
name or reserved name of a not-for-profit corporation incorporated or
authorized to conduct affairs in this state under chapter 24.03 RCW;
(vi) The name or
reserved name of a foreign or domestic limited partnership formed or registered
under chapter 25.10 RCW;
(vii) The name or
reserved name of a limited liability company organized or registered under
chapter 25.15 RCW; and
(viii) The name or
reserved name of a limited liability partnership registered under chapter 25.04
RCW.
(b) A corporation
may apply to the secretary of state for authorization to use a name that is not
distinguishable upon the records from one or more of the names described in (a)
of this subsection. The secretary of state shall authorize use of the name
applied for if:
(i) The other
corporation, company, holder, limited liability partnership, or limited
partnership consents to the use in writing and files with the secretary of
state documents necessary to change its name or the name reserved or registered
to a name that is distinguishable upon the records of the secretary of state
from the name of the applying corporation; or
(ii) The applicant
delivers to the secretary of state a certified copy of the final judgment of a
court of competent jurisdiction establishing the applicant's right to use the
name applied for in this state.
(c) A corporation
may use the name, including the fictitious name, of another domestic or foreign
corporation, limited liability company, limited partnership, or limited
liability partnership, that is used in this state if the other entity is
incorporated, organized, formed, or authorized to transact business in this
state, and the proposed user corporation:
(i) Has merged with
the other corporation, limited liability company, or limited partnership; or
(ii) Has been
formed by reorganization of the other corporation.
(3) Shall be
transliterated into letters of the English alphabet if it is not in English.
(4) The name of any
corporation formed under this section shall not include nor end with
"incorporated", "company", or "corporation" or
any abbreviation thereof, but may use "club", "league",
"association", "services", "committee", "fund",
"society", "foundation", ". . . . . ., a nonprofit
mutual corporation", or any name of like import.
(5) A name shall
not be considered distinguishable upon the records of the secretary of state by
virtue of:
(a) A variation in
any of the following designations for the same name: "Corporation,"
"incorporated," "company," "limited,"
"partnership," "limited partnership," "limited
liability company," or "limited liability partnership," or the
abbreviations "corp.," "inc.," "co.,"
"ltd.," "LP," "L.P.," "LLP,"
"L.L.P.," "LLC," or "L.L.C.";
(b) The addition or
deletion of an article or conjunction such as "the" or
"and" from the same name;
(c) Punctuation,
capitalization, or special characters or symbols in the same name; or
(d) Use of
abbreviation or the plural form of a word in the same name.
(6) This title does
not control the use of assumed business names or "trade names.")) must comply
with the requirements of part I, Article 3 of this act.
Sec. 4104. RCW 24.06.046 and 1993 c 356 s 13 are each amended to read as follows:
The exclusive right
to the use of a corporate name may be reserved ((by:
(1) Any person
intending to organize a corporation under this title.
(2) Any domestic
corporation intending to change its name.
(3) Any foreign
corporation intending to make application for a certificate of authority to
transact business in this state.
(4) Any foreign
corporation authorized to transact business in this state and intending to
change its name.
(5) Any person
intending to organize a foreign corporation and intending to have such
corporation make application for a certificate of authority to transact
business in this state.
The reservation
shall be made by filing with the secretary of state an application to reserve a
specified corporate name, executed by or on behalf of the applicant. If the
secretary of state finds that the name is available for corporate use, the
secretary of state shall reserve the same for the exclusive use of the
applicant for a period of one hundred and eighty days. Such reservation shall
be limited to one filing.
The right to the
exclusive use of a specified corporate name so reserved may be transferred to
any other person or corporation by filing in the office of the secretary of
state, a notice of such transfer, executed by the applicant for whom the name
was reserved, and specifying the name and address of the transferee)) in accordance
with section 1303 of this act.
Sec. 4105. RCW 24.06.047 and 1994 c 211 s 1308 are each amended to read as follows:
Any corporation,
organized and existing under the laws of any state or territory of the United
States may register its corporate name ((under this title, provided its
corporate name is not the same as, or deceptively similar to, the name of any
domestic corporation existing under the laws of this state, or the name of any
foreign corporation authorized to transact business in this state, the name of
any domestic limited liability company organized under the laws of this state,
or the name of any foreign limited liability company authorized to transact
business in this state, the name of any domestic or foreign limited partnership
on file with the secretary, or any corporate name reserved or registered under
this title.
Such registration
shall be made by:
(1) Filing with the
secretary of state: (a) An application for registration executed by the
corporation by an officer thereof, setting forth the name of the corporation,
the state or country under the laws of which it is incorporated, and the date
of its incorporation, and (b) a certificate setting forth that such corporation
is in good standing under the laws of the state or country wherein it is
organized, executed by the secretary of state of such state or territory or by such
other official as may have custody of the records pertaining to corporations,
and
(2) Paying to the
secretary of state the applicable annual registration fee.
The registration
shall be effective until the close of the calendar year in which the
application for registration is filed)) in accordance with section 1304 of
this act.
Sec. 4106. RCW 24.06.048 and 1982 c 35 s 124 are each amended to read as follows:
A corporation which
has in effect a registration of its corporate name, may renew such registration
((from year to year by annually filing an application for renewal setting
forth the facts required to be set forth in an original application for
registration and a certificate of good standing as required for the original
registration and by paying a fee of ten dollars. A renewal application may be
filed between the first day of October and the thirty-first day of December in
each year, and shall extend the registration for the following calendar year))
in accordance with section 1304 of this act.
Sec. 4107. RCW 24.06.050 and 2009 c 202 s 2 are each amended to read as follows:
Each domestic
corporation and foreign corporation authorized to do business in this state
shall have and continuously maintain in this state((:
(1) A registered
office which may be, but need not be, the same as its principal office. The
registered office shall be at a specific geographic location in this state, and
be identified by number, if any, and street, or building address or rural
route, or, if a commonly known street or rural route address does not exist, by
legal description. A registered office may not be identified by post office box
number or other nongeographic address. For purposes of communicating by mail,
the secretary of state may permit the use of a post office address in
conjunction with the registered office address if the corporation also
maintains on file the specific geographic address of the registered office
where personal service of process may be made.
(2) A registered
agent, which agent may be either an individual resident in this state whose
business office is identical with such registered office, or a domestic
corporation existing under any act of this state, or a governmental body or
agency, or a foreign corporation authorized to transact business or conduct
affairs in this state under any act of this state having an office identical
with such registered office. The resident agent and registered office shall be
designated by duly adopted resolution of the board of directors; and a
statement of such designation, executed by an officer of the corporation, shall
be filed with the secretary of state. A registered agent shall not be appointed
without having given prior written consent to the appointment. The written
consent shall be filed with the secretary of state in such form as the
secretary may prescribe. The written consent shall be filed with or as a part
of the document first appointing a registered agent. In the event any
individual or corporation has been appointed agent without consent, that person
or corporation may file a notarized statement attesting to that fact, and the
name shall forthwith be removed from the records of the secretary of state.
No Washington
corporation or foreign corporation authorized to transact business in this
state may be permitted to maintain any action in any court in this state until
the corporation complies with the requirements of this section)) a registered
agent in accordance with part I, Article 4 of this act.
Sec. 4108. RCW 24.06.055 and 2011 c 336 s 661 are each amended to read as follows:
A corporation may
change its ((registered office or change its)) registered agent((, or
both, upon filing in the office of the secretary of state a statement in the
form prescribed by the secretary of state setting forth:
(1) The name of the
corporation.
(2) If the address
of its registered office is to be changed, the address to which the registered
office is to be changed, including street and number.
(3) If the current
registered agent is to be changed, the name of its successor registered agent.
(4) That the
address of its registered office and the address of the office of its
registered agent, as changed, will be identical.
Such statement
shall be executed by the corporation by an officer of the corporation, and
delivered to the secretary of state, together with a written consent of the
registered office to his, her, or its appointment, if applicable. If the
secretary of state finds that such statement conforms to the provisions of this
chapter, the secretary of state shall file such statement, and upon such
filing, the change of address of the registered office, or the appointment of a
new registered agent, or both, as the case may be, shall become effective)) by delivering
to the secretary of state for filing a statement of change in accordance with
section 1407 of this act.
Any registered
agent of a corporation may resign as ((such)) agent ((upon filing a
written notice thereof, executed in duplicate, with the secretary of state, who
shall forthwith mail a copy thereof to the corporation in care of an officer,
who is not the resigning registered agent, at the address of such officer as
shown by the most recent annual report of the corporation. The appointment of
such agent shall terminate upon the expiration of thirty days after receipt of
such notice by the secretary of state)) by delivering to the secretary
of state for filing a statement of resignation in accordance with section 1410
of this act.
Sec. 4109. RCW 24.06.060 and 1982 c 35 s 127 are each amended to read as follows:
((The registered
agent so appointed by a corporation shall be an agent of such corporation upon
whom)) Service of any process, notice or demand required or
permitted by law to be served upon the corporation may be ((served.
Whenever a
corporation shall fail to appoint or maintain a registered agent in this state,
or whenever its registered agent cannot with reasonable diligence be found at
the registered office, then the secretary of state shall be an agent of such
corporation upon whom any such process, notice, or demand may be served.
Service on the secretary of state of any such process, notice, or demand shall
be made by delivering to and leaving with the secretary of state, or with any
duly authorized clerk of the corporation department of his or her office,
duplicate copies of such process, notice or demand. In the event any such
process, notice or demand is served on the secretary of state, the secretary of
state shall immediately cause one of the copies thereof to be forwarded by
certified mail, addressed to the corporation at its registered office. Any
service so had on the secretary of state shall be returnable in not less than
thirty days.
The secretary of
state shall keep a record of all processes, notices and demands served upon the
secretary of state under this section, and shall record therein the time of
such service and his action with reference thereto.
Nothing herein
contained shall limit or affect the right to serve any process, notice or
demand required or permitted by law to be served upon a corporation in any
other manner now or hereafter permitted by law)) made in
accordance with section 1411 of this act.
Sec. 4110. RCW 24.06.200 and 1982 c 35 s 131 are each amended to read as follows:
((Duplicate
originals of)) The articles of amendment shall be delivered to the
secretary of state for filing in accordance with part I, Article 2 of this
act. ((If the secretary of state finds that the articles of amendment
conform to law, he or she shall, when all fees have been paid as prescribed in
this chapter:
(1) Endorse on each
of such originals the word "filed", and the effective date of the
filing thereof.
(2) File one of
such originals in his or her office.
(3) Issue a
certificate of amendment to which he or she shall affix one of such originals.
The certificate of
amendment, together with the other duplicate original of the articles of
amendment affixed thereto by the secretary of state shall be returned to the
corporation or its representative and shall be retained by the corporation.))
Sec. 4111. RCW 24.06.205 and 1982 c 35 s 132 are each amended to read as follows:
Upon the filing of the articles of amendment by the secretary of state, the amendment shall become effective as provided in section 1203 of this act and the articles of incorporation shall be deemed to be amended accordingly.
No amendment shall affect any existing cause of action in favor of or against such corporation, nor any pending action to which such corporation shall be a party, nor the existing rights of persons other than members; and, in the event the corporate name shall be changed by amendment, no action brought by or against such corporation under its former name shall abate for that reason.
Sec. 4112. RCW 24.06.207 and 1982 c 35 s 133 are each amended to read as follows:
A domestic corporation may at any time restate its articles of incorporation as theretofore amended, by a resolution adopted by the board of directors.
Upon the adoption
of the resolution, restated articles of incorporation shall be executed ((in
duplicate)) by the corporation by one of its officers and shall set forth
all of the operative provisions of the articles of incorporation as theretofore
amended together with a statement that the restated articles of incorporation
correctly set forth without change the corresponding provisions of the articles
of incorporation as theretofore amended and that the restated articles of
incorporation supersede the original articles of incorporation and all
amendments thereto.
((Duplicate
originals of)) The restated articles of incorporation shall be
delivered to the secretary of state for filing in accordance with part I,
Article 2 of this act. ((If the secretary of state finds that the
restated articles of incorporation conform to law, the secretary of state
shall, when all fees required by this title have been paid:
(1) Endorse on each
duplicate original the word "Filed" and the effective date of the
filing thereof;
(2) File one
duplicate original; and
(3) Issue a
restated certificate of incorporation, to which the other duplicate original
shall be affixed.
The restated
certificate of incorporation, together with the duplicate original of the
restated articles of incorporation affixed thereto by the secretary of state,
shall be returned to the corporation or its representative.))
Upon the filing of the restated articles of incorporation by the secretary of state, the restated articles of incorporation shall become effective as provided in section 1203 of this act and shall supersede the original articles of incorporation and all amendments thereto.
Sec. 4113. RCW 24.06.225 and 2000 c 167 s 9 are each amended to read as follows:
(1) Upon approval,
articles of merger or articles of consolidation shall be executed ((in
duplicate originals)) by each corporation, by an officer of each
corporation, and shall set forth:
(a) The plan of merger or the plan of consolidation;
(b) A statement setting forth the date of the meeting of members or shareholders at which the plan was adopted, that a quorum was present at such meeting, and that such plan received at least two-thirds of the votes which members and shareholders of the corporation and of each class entitled to vote thereon as a class, present at such meeting in person or by mail or by electronic transmission or represented by proxy were entitled to cast, or a statement that such amendment was adopted by a consent in writing signed by all members;
(2) ((Duplicate
originals of)) The articles of merger or articles of consolidation
shall be delivered to the secretary of state((. If the secretary of state
finds that such articles conform to law, he or she shall, when all fees have
been paid as prescribed in this chapter:
(a) Endorse on each
of such originals the word "filed", and the effective date of the
filing thereof;
(b) File one of
such originals in his or her office;
(c) Issue a
certificate of merger or a certificate of consolidation to which he or she
shall affix one of such originals.
The certificate of
merger or certificate of consolidation, together with the original of the
articles of merger or articles of consolidation affixed thereto by the
secretary of state shall be returned to the surviving or new corporation, as
the case may be, or its representative, and shall be retained by the
corporation))
for filing in accordance with part I, Article 2 of this act.
Sec. 4114. RCW 24.06.233 and 1982 c 35 s 136 are each amended to read as follows:
One or more foreign corporations and one or more domestic corporations may be merged or consolidated or participate in an exchange in the following manner, if such merger, consolidation, or exchange is permitted by the laws of the state under which each such foreign corporation is organized:
(1) Each domestic corporation shall comply with the provisions of this title with respect to the merger, consolidation, or exchange, as the case may be, of domestic corporations and each foreign corporation shall comply with the applicable provisions of the laws of the state under which it is organized.
(2) If the surviving or new corporation in a merger or consolidation is to be governed by the laws of any state other than this state, it shall comply with the provisions of this title and part I, Article 5 of this act with respect to foreign corporations if it is to transact business in this state, and in every case it shall file with the secretary of state of this state:
(a) An agreement
that it may be served with process in ((this state)) accordance with
section 1411 of this act in any proceeding for the enforcement of any
obligation of any domestic corporation which is a party to such merger or
consolidation and in any proceeding for the enforcement of the rights, if any,
of a dissenting shareholder of any such domestic corporation against the
surviving or new corporation; and
(b) ((An
irrevocable appointment of the secretary of state of this state as its agent to
accept service of process in any such proceeding; and
(c))) An agreement
that it will promptly pay to the dissenting shareholders of any such domestic
corporation the amount, if any, to which they shall be entitled under the
provisions of this title with respect to the rights of dissenting shareholders.
The effect of such merger or consolidation shall be the same as in the case of the merger or consolidation of domestic corporations, if the surviving or new corporation is to be governed by the laws of this state. If the surviving or new corporation is to be governed by the laws of any state other than this state, the effect of such merger or consolidation shall be the same as in the case of the merger or consolidation of domestic corporations except insofar as the laws of such other state provide otherwise.
(3) At any time
prior to the effective date of the articles of merger, consolidation, or
exchange, the merger, consolidation, or exchange, may be abandoned pursuant to
provision therefor, if any, set forth in the plan of merger, consolidation or
exchange. In the event the merger, consolidation, or exchange is abandoned, the
parties thereto shall execute a notice of abandonment ((in triplicate))
signed by an officer for each corporation signing the notice and deliver the
notice to the secretary of state for filing in accordance with part I, Article
2 of this act. ((If the secretary of state finds the notice conforms to
law, the secretary of state shall:
(a) Endorse on each
of the originals the word "Filed" and the effective date of the
filing thereof;
(b) File one of the
triplicate originals in the secretary of state's office; and
(c) Issue the other
triplicate originals to the respective parties or their representatives.))
Sec. 4115. RCW 24.06.280 and 1982 c 35 s 139 are each amended to read as follows:
((Duplicate
originals of)) The articles of dissolution shall be delivered to the
secretary of state for filing in accordance with part I, Article 2 of this
act. ((If the secretary of state finds that such articles of dissolution
conform to law, he or she shall, when all requirements have been met as
prescribed in this chapter:
(1) Endorse on each
of such originals the word "filed", and the effective date of the
filing thereof.
(2) File one of the
originals in his or her office.
(3) Issue a
certificate of dissolution which he or she shall affix to one of such
originals.
The certificate of
dissolution, together with the original of the articles of dissolution affixed
thereto by the secretary of state, shall be returned to the representative of
the dissolved corporation and shall be retained with the corporation minutes.))
Upon the filing of the articles of dissolution, the corporate existence shall cease, except for the purpose of determining such suits, other proceedings and appropriate corporate action by members, directors and officers as are authorized in this chapter.
Sec. 4116. RCW 24.06.290 and 1994 c 287 s 10 are each amended to read as follows:
Failure of the corporation to file its annual report within the time required shall not derogate from the rights of its creditors, or prevent the corporation from being sued and from defending lawsuits, nor shall it release the corporation from any of the duties or liabilities of a corporation under law.
A corporation shall
be administratively dissolved by the secretary of state ((upon the
conditions prescribed in this section when the corporation:
(1) Has failed to
file or complete its annual report within the time required by law;
(2) Has failed for
thirty days to appoint or maintain a registered agent in this state; or
(3) Has failed for
thirty days, after change of its registered agent or registered office, to file
in the office of the secretary of state a statement of such change.
A corporation shall
not be dissolved under this section unless the secretary of state has given the
corporation not less than sixty days' notice of its delinquency or omission, by
first-class mail, postage prepaid, addressed to the registered office, or, if
there is no registered office, to the last known address of any officer or
director as shown by the records of the secretary of state, and unless the
corporation has failed to correct the omission or delinquency before expiration
of the sixty-day period.
When a corporation
has given cause for dissolution under this section, and has failed to correct
the delinquency or omission as provided in this section, the secretary of state
shall dissolve the corporation by issuing a certificate of involuntary
dissolution containing a statement that the corporation has been dissolved and
the date and reason for which it was dissolved. The original certificate of
involuntary dissolution shall be filed in the records of the secretary of
state, and a copy of the certificate shall forthwith be mailed to the
corporation at its registered office or, if there is no registered office, to
the last known address of the corporation or any officer, director, or
incorporator of the corporation, as shown by the records of the secretary of
state. Upon the filing of the certificate of involuntary dissolution, the
existence of the corporation shall cease, except as otherwise provided in this
chapter, and its name shall be available to and may be adopted by another
corporation after the dissolution)) under the circumstances and
procedures provided in part I, Article 6 of this act.
A corporation which
has been administratively dissolved ((by operation of this section
may be reinstated within a period of three years following its dissolution if
it completes and files a current annual report for the current reinstatement
year or it appoints or maintains a registered agent, or files a required
statement of change of registered agent or registered office and in addition
pays the reinstatement fee as set by rule by the secretary of state, plus the
full amount of all annual fees that would have been assessed for the years of
administrative dissolution had the corporation been in active status, including
the reinstatement year plus any penalties as established by rule by the
secretary of state. If during the period of dissolution another person or
corporation has reserved or adopted a corporate name which is identical or
deceptively similar to the dissolved corporation's name, the dissolved
corporation seeking reinstatement shall be required to adopt another name
consistent with the requirements of this chapter and to amend its articles
accordingly)) under section 1603 of this act may apply to the secretary
of state for reinstatement in accordance with section 1604 of this act.
When a corporation
has been administratively dissolved ((by operation of this section))
under section 1603 of this act, remedies available to or against it
shall survive in the manner provided by RCW 24.06.335 and thereafter the
directors of the corporation shall hold title to the property of the
corporation as trustees for the benefit of its creditors and shareholders.
Sec. 4117. RCW 24.06.340 and 1969 ex.s. c 120 s 68 are each amended to read as follows:
(1) No foreign
corporation shall have the right to conduct affairs in this state until it ((shall
have procured a certificate of authority from)) registers with the
secretary of state ((to do so)) in accordance with the requirements
of part I, Article 5 of this act. ((No foreign corporation shall be
entitled to procure a certificate of authority under this chapter to conduct in
this state any affairs which a corporation organized under this chapter is not
permitted to conduct: PROVIDED, That no foreign corporation shall be denied a
certificate of authority by reason of the fact that the laws of the state or
country under which such corporation is organized governing its organization
and internal affairs differ from the laws of this state: PROVIDED FURTHER, That
nothing in this chapter contained shall be construed to authorize this state to
regulate the organization or the internal affairs of such corporation.))
(2) ((Without
excluding other activities not constituting the conduct of affairs in this
state, a foreign corporation shall, for purposes of this chapter, not be
considered to be)) A nonexhaustive list of activities that do not
constitute conducting affairs in this state ((by reason of carrying on
in this state any one or more of the following activities:
(a) Maintaining or
defending any action or suit or any administrative or arbitration proceeding,
or effecting the settlement thereof, or the settlement of claims or disputes.
(b) Holding
meetings of its directors, members, or shareholders, or carrying on other
activities concerning its internal affairs.
(c) Maintaining
bank accounts.
(d) Creating
evidences of debt, mortgages or liens on real or personal property.
(e) Securing or
collecting debts due to it or enforcing any rights in property securing the
same))
is provided in section 1505 of this act.
Sec. 4118. RCW 24.06.345 and 1969 ex.s. c 120 s 69 are each amended to read as follows:
A foreign
corporation ((which shall have received a certificate of authority under
this chapter shall, until a certificate of revocation or of withdrawal shall
have been issued as provided in this chapter, enjoy the same but no greater
rights and privileges as a domestic corporation organized for the purposes set
forth in the application pursuant to which such certificate of authorization is
issued, and shall be subject to the same duties, restrictions, penalties and
liabilities now or hereafter imposed upon a domestic corporation of like
character)) that registers to conduct affairs in this state is subject
to section 1501 of this act relating to the effect of registration and the
governing law for registered foreign corporations.
Sec. 4119. RCW 24.06.350 and 1982 c 35 s 143 are each amended to read as follows:
((No certificate
of authority shall be issued to a foreign corporation unless the corporate name
of such corporation complies with the provisions of RCW 24.06.045. However, a
foreign corporation applying for a certificate of authority may file with the
secretary of state a resolution of its board of directors adopting a fictitious
name for use in transacting business in this state, if the fictitious name
complies with RCW 24.06.045.)) The corporate name of a foreign
corporation registered in this state must comply with the provisions of section
1506 and part I, Article 3 of this act.
Sec. 4120. RCW 24.06.360 and 1989 c 307 s 38 are each amended to read as follows:
A foreign
corporation((, in order to procure a certificate of authority)) may
register to conduct affairs in this state((, shall make application
therefor)) by delivering to the secretary of state((, which
application shall set forth:
(1) The name of the
corporation and the state or country under the laws of which it is
incorporated.
(2) The date of
incorporation and the period of duration of the corporation.
(3) The address of
the principal office of the corporation in the state or country under the laws
of which it is incorporated.
(4) The address of
the proposed registered office of the corporation in this state, and the name
of its proposed registered agent in this state at such address.
(5) For the purpose
or purposes of the corporation which it proposes to pursue in conducting its
affairs in this state.
(6) The names and
respective addresses of the directors and officers of the corporation.
(7) Such additional
information as may be necessary or appropriate in order to enable the secretary
of state to determine whether such corporation is entitled to a certificate of
authority to conduct affairs in this state)) for filing a foreign
registration statement in accordance with section 1503 of this act.
Sec. 4121. RCW 24.06.370 and 1982 c 35 s 145 are each amended to read as follows:
Upon the filing of
the ((application for certificate of authority)) foreign registration
statement by the secretary of state, the corporation shall be authorized to
conduct affairs in this state for those purposes set forth in its application((:
PROVIDED, That the state may suspend or revoke such authority as provided in
this chapter for revocation and suspension of domestic corporation franchises))
subject to the right of the state to terminate the registration as provided
in section 1511 of this act.
Sec. 4122. RCW 24.06.375 and 1969 ex.s. c 120 s 75 are each amended to read as follows:
Every foreign
corporation ((authorized)) registered to conduct affairs in this
state shall have and continuously maintain in this state((:
(1) A registered
office which may but need not be the same as its principal office.
(2) A registered
agent, who may be:
(a) An individual
resident of this state whose business office is identical with the registered
office; or
(b) A domestic
corporation organized under any law of this state; or
(c) A foreign
corporation authorized under any law of this state to transact business or
conduct affairs in this state, having an office identical with the registered
office))
a registered agent in accordance with part I, Article 4 of this act.
Sec. 4123. RCW 24.06.380 and 1993 c 356 s 19 are each amended to read as follows:
A foreign
corporation ((authorized)) registered to conduct affairs in this
state may change its ((registered office or change its)) registered
agent((, or both, upon filing in the office of)) by delivering to
the secretary of state ((in a form approved by the secretary of state a
statement setting forth:
(1) The name of the
corporation.
(2) If the address
of the current registered office is to be changed, such new address.
(3) If the current
registered agent is to be changed, the name of the new registered agent.
(4) That the
address of its registered office and the address of the office of its
registered agent, as changed, will be identical.
Such)) for filing a
statement of change in accordance with section 1407 of this act. The
statement shall be executed by the corporation, by an officer of the
corporation((, and delivered to the secretary of state, together with a
written consent of the registered agent to his or its appointment, if
applicable. If the secretary of state finds that such statement conforms to the
provisions of this chapter, he or she shall file such statement in his or her
office, and upon such filing the change of address of the registered office, or
the appointment of a new registered agent, or both, as the case may be, shall
become effective)).
((If)) A
registered agent ((changes his or her business address to another place
within the state, the registered agent may change such address and the address
of the registered office of any corporation of which the registered agent is
registered agent by filing a statement as required by this section, except that
it need be signed only by the registered agent, it need not be responsive to
subsection (3) of this section, and it shall recite that a copy of the
statement has been mailed to the corporation)) may change its
information on file with the secretary of state in accordance with sections
1408 or 1409 of this act.
Sec. 4124. RCW 24.06.385 and 1969 ex.s. c 120 s 77 are each amended to read as follows:
Any registered
agent in this state appointed by a foreign corporation may resign as such agent
((upon filing a written notice thereof, executed in duplicate, with)) by
executing and delivering to the secretary of state((, who shall
forthwith mail a copy thereof to the foreign corporation at its principal
office in the state or country under the laws of which it is incorporated as
shown by its most recent annual report. The appointment of such agent shall
terminate upon the expiration of thirty days after receipt of such notice by
the secretary of state)) for filing a statement of resignation in
accordance with section 1410 of this act.
Sec. 4125. RCW 24.06.390 and 1969 ex.s. c 120 s 78 are each amended to read as follows:
((The registered
agent so appointed by a foreign corporation authorized to conduct affairs in
this state shall be an agent of such corporation upon whom)) Service of
any process, notice or demand required or permitted by law to be served upon
the corporation may be ((served)) made in accordance with section
1411 of this act.
Sec. 4126. RCW 24.06.395 and 1982 c 35 s 147 are each amended to read as follows:
Whenever a foreign
corporation authorized to conduct affairs in this state shall fail to appoint
or maintain a registered agent in this state, or whenever any such registered
agent cannot with reasonable diligence be found at the registered office, or
whenever the certificate of authority of a foreign corporation shall be
suspended or revoked((, then the secretary of state shall be an agent of
such corporation upon whom any such)) service of any process,
notice, or demand upon the corporation may be ((served. Service on
the secretary of state of any such process, notice, or demand shall be made by
delivering to and leaving with the secretary of state, or with any duly
authorized clerk of the corporation department of the secretary of state's
office, duplicate copies of such process, notice or demand. In the event any
such process, notice or demand is served on the secretary of state, the
secretary of state shall immediately cause one of such copies thereof to be
forwarded by certified mail, addressed to the corporation at its principal
office in the state or country under the laws of which it is incorporated. Any
service so had on the secretary of state shall be returnable in not less than
thirty days.
The secretary of
state shall keep a record of all processes, notices and demands served upon the
secretary of state under this action, and shall record therein the time of such
service and his or her action with reference thereto: PROVIDED, That)) made in
accordance with section 1411 of this act. Nothing contained in this section
shall limit or affect the right to serve any process, notice or demand,
required or permitted by law to be served upon a corporation in any other
manner now or hereafter permitted by law.
Sec. 4127. RCW 24.06.410 and 1969 ex.s. c 120 s 82 are each amended to read as follows:
A foreign
corporation ((authorized)) registered to conduct affairs in this
state shall ((apply for an amended certificate of authority in the event
that it wishes to change its corporate name, or desires to pursue in this state
purposes other or additional to those set forth in its initial application for
a certificate of authority.
The requirements
with respect to the form and content of such application, the manner of its
execution, the filing, the issuance of an amended certificate of authority, and
the effect thereof shall be the same as in the case of an original application
for a certificate of authority)) amend its foreign registration
statement under the circumstances specified in section 1504 of this act.
Sec. 4128. RCW 24.06.415 and 1993 c 356 s 20 are each amended to read as follows:
A foreign
corporation ((authorized)) registered to conduct affairs in this
state may withdraw from this state ((upon procuring from)) by
delivering a statement of withdrawal to the secretary of state ((a
certificate of withdrawal. In order to procure such certificate of withdrawal,
the foreign corporation shall deliver to the secretary of state an application
for withdrawal, which shall set forth:
(1) The name of the
corporation and the state or country under whose laws it is incorporated.
(2) A declaration
that the corporation is not conducting affairs in this state.
(3) A surrender of
its authority to conduct affairs in this state.
(4) A notice that
the corporation revokes the authority of its registered agent in this state to
accept service of process and consents that service of process in any action,
suit or proceeding, based upon any cause of action arising in this state during
the time the corporation was authorized to conduct affairs in this state, may
thereafter be made upon such corporation by service thereof on the secretary of
state.
(5) A copy of the
revenue clearance certificate issued pursuant to chapter 82.32 RCW.
(6) A post office
address to which the secretary of state may mail a copy of any process that may
be served on the secretary of state as agent for the corporation.
The application for
withdrawal shall be made on forms prescribed and furnished by the secretary of
state and shall be executed by the corporation, by one of the officers of the
corporation, or, if the corporation is in the hands of a receiver or trustee,
shall be executed on behalf of the corporation by such receiver or trustee)) for filing in
accordance with section 1507 of this act.
Sec. 4129. RCW 24.06.425 and 1982 c 35 s 150 are each amended to read as follows:
(((1))) The
((certificate of authority)) registration of a foreign
corporation to conduct affairs in this state may be ((revoked)) terminated
by the secretary of state ((upon the conditions prescribed in this section
when:
(a) The corporation
has failed to file its annual report within the time required by this chapter
or has failed to pay any fees or penalties prescribed by this chapter as they
become due and payable; or
(b) The corporation
has failed for thirty days to appoint and maintain a registered agent in this
state as required by this chapter; or
(c) The corporation
has failed, for thirty days after change of its registered agent or registered
office, to file in the office of the secretary of state a statement of such
change as required by this chapter; or
(d) The corporation
has failed to file in the office of the secretary of state any amendment to its
articles of incorporation or any articles of merger within the time prescribed
by this chapter; or
(e) The certificate
of authority of the corporation was procured through fraud practiced upon the
state; or
(f) The corporation
has continued to exceed or abuse the authority conferred upon it by this
chapter; or
(g) A
misrepresentation has been made as to any material matter in any application,
report, affidavit, or other document, submitted by such corporation pursuant to
this chapter.
(2) No certificate
of authority of a foreign corporation shall be revoked by the secretary of
state unless the secretary of state shall have given the corporation not less
than sixty days' notice thereof by first-class mail addressed to its registered
office in this state, or, if there is no registered office, to the last known
address of any officer or director of the corporation as shown by the records
of the secretary of state, and the corporation shall have failed prior to
revocation to (a) file such annual report, (b) pay such fees or penalties, (c)
file the required statement of change of registered agent or registered office,
(d) file such articles of amendment or articles of merger, or (e) correct any
delinquency, omission, or material misrepresentation in its application,
report, affidavit, or other document)) in accordance with section 1511 of
this act.
Sec. 4130. RCW 24.06.435 and 1969 ex.s. c 120 s 87 are each amended to read as follows:
((No)) A
foreign corporation conducting affairs in this state without ((a certificate
of authority shall be permitted to maintain any action, suit, or proceeding in
any court of this state until such corporation shall have obtained a
certificate of authority. Nor shall any action, suit or proceeding be
maintained in any court of this state by any successor or assignee of such
corporation on any right, claim, or demand arising out of the conduct of
affairs by such corporation in this state until a certificate of authority
shall have been obtained by the corporation or by a valid corporation which has
(1) acquired all or substantially all of its assets and (2) assumed all of its
liabilities: PROVIDED, That the failure of a foreign corporation to obtain a
certificate of authority to conduct affairs in this state shall not impair the
substantive validity of any contract or act of such corporation, and shall not
prevent such corporation from defending any action, suit or proceeding in any
court of this state under such terms and conditions as a court may find just))
registering with the secretary of state is subject to section 1502 of this
act.
Sec. 4131. RCW 24.06.440 and 1993 c 356 s 22 are each amended to read as follows:
Each domestic
corporation, and each foreign corporation ((authorized)) registered
to conduct affairs in this state, shall ((file, within the time prescribed
by this chapter,)) deliver an annual ((or biennial)) report((,
established by)) to the secretary of state ((by rule, in the form
prescribed by the secretary of state setting forth:
(1) The name of the
corporation and the state or country under whose laws it is incorporated.
(2) The address of
the registered office of the corporation in this state, including street and
number, the name of its registered agent in this state at such address, and, in
the case of a foreign corporation, the address of its principal office in the
state or country under whose laws it is incorporated.
(3) A brief
statement of the character of the affairs in which the corporation is engaged,
or, in the case of a foreign corporation, engaged in this state.
(4) The names and
respective addresses of the directors and officers of the corporation.
(5) The
corporation's unified business identifier number.
The information
shall be given as of the date of the execution of the report. It shall be
executed by the corporation by an officer of the corporation, or, if the
corporation is in the hands of a receiver or trustee, it shall be executed on
behalf of the corporation by such receiver or trustee.
The secretary of
state may by rule adopted under chapter 34.05 RCW provide that correction or
updating of information appearing on previous annual or biennial filings is
sufficient to constitute the current filing)) in accordance with section
1212 of this act.
Sec. 4132. RCW 24.06.450 and 2010 1st sp.s. c 29 s 4 are each amended to read as follows:
(((1))) Corporations
are subject to the applicable fees, charges, and penalties established by the
secretary of state ((must establish by rule, fees for the following:
(a) Filing articles
of incorporation.
(b) Filing an
annual report.
(c) Filing an
application of a foreign corporation for a certificate of authority to conduct
affairs in this state.
(d) Filing articles
of amendment or restatement.
(e) Filing articles
of merger or consolidation.
(f) Filing a
statement of change of address of registered office or change of registered
agent, or revocation, resignation, or any combination of these.
(g) Filing articles
of dissolution, no fee.
(h) Filing an
application of a foreign corporation for an amended certificate of authority to
conduct affairs in this state.
(i) Filing a copy
of an amendment to the articles of incorporation of a foreign corporation
holding a certificate of authority to conduct affairs in this state.
(j) Filing a copy
of articles of merger of a foreign corporation holding a certificate of
authority to conduct affairs in this state.
(k) Filing an
application for withdrawal of a foreign corporation and issuing a certificate
of withdrawal.
(l) Filing a
certificate by a foreign corporation of the appointment of a registered agent.
(m) Filing a
certificate by a foreign corporation of the revocation of the appointment of a
registered agent.
(n) Filing an
application to reserve a corporate name.
(o) Filing a notice
of transfer of a reserved corporate name.
(p) Filing any
other statement or report of a domestic or foreign corporation.
(2) Fees are
adjusted by rule in an amount that does not exceed the average biennial
increase in the cost of providing service. This must be determined in a
biennial cost study performed by the secretary)) under section
1213 of this act and RCW 43.07.120.
Sec. 4133. RCW 24.06.470 and 2011 c 336 s 669 are each amended to read as follows:
Each director and
officer of a corporation, domestic or foreign, who fails or refuses within the
time prescribed by this chapter, to answer truthfully and fully any
interrogatories propounded to him or her by the secretary of state in
accordance with the provisions of this chapter, ((or who signs any articles,
statement, report, application, or other document filed with the secretary of
state,)) which is known to such officer or director to be false in any
material respect, shall be deemed to be guilty of a misdemeanor, and upon
conviction thereof shall be fined in an amount not to exceed five hundred
dollars on each count.
Sec. 4134. RCW 24.06.490 and 1982 c 35 s 160 are each amended to read as follows:
(((1) If the
secretary of state shall fail to approve any articles of incorporation,
amendment, merger, consolidation, or dissolution, or any other document
required by this chapter to be approved by the secretary of state before the
same shall be filed in his or her office, the secretary of state shall, within
ten days after the delivery of such document to him or her, give written notice
of disapproval to the person or corporation, domestic or foreign, delivering
the same, specifying the reasons therefor. The person or corporation may apply
to the superior court of the county in which the registered office of such corporation
is situated, or is proposed, in the document, by filing a petition with the
clerk of such court setting forth a copy of the articles or other document
tendered to the secretary of state, together with a copy of the written
disapproval thereof by the secretary of state; whereupon the matter shall be
tried to the court on all questions of fact and law; and the court shall either
sustain or overrule the action of the secretary of state.
(2) If the
secretary of state shall revoke the certificate of authority to conduct affairs
in this state of any foreign corporation, such foreign corporation may likewise
apply to the superior court of the county where the registered office of such
corporation in this state is situated, by filing with the clerk of such court a
petition setting forth a copy of its certificate of authority to conduct
affairs in this state and a copy of the notice of revocation given by the
secretary of state; whereupon the matter shall be tried to the court on all
questions of fact and law; and the court shall either sustain or overrule the
action of the secretary of state.
(3) Appeals from
all final orders and judgments entered by the superior court under this
section, in the review of any ruling or decision of the secretary of state may
be taken as in other civil actions.)) Section 1206 of this act governs the
secretary of state's duty to file records delivered to the secretary of state
for filing, the manner and effect of filing, and procedures that apply when the
secretary of state refuses to file a record.
NEW SECTION. Sec. 4135. The following acts or parts of acts are each repealed:
(1) RCW 24.06.170 (Filing of articles of incorporation) and 1982 c 35 s 128, 1981 c 302 s 5, & 1969 ex.s. c 120 s 34;
(2) RCW 24.06.293 (Administrative dissolution or revocation of a certificate of authority—Corporation name not distinguishable from name of governmental entity—Application by governmental entity) and 1997 c 12 s 3;
(3) RCW 24.06.355 (Change of name by foreign corporation) and 1969 ex.s. c 120 s 71;
(4) RCW 24.06.365 (Filing of application for certificate of authority—Issuance) and 1982 c 35 s 144 & 1969 ex.s. c 120 s 73;
(5) RCW 24.06.420 (Filing of application for withdrawal—Issuance of certificate of withdrawal) and 1982 c 35 s 149 & 1969 ex.s. c 120 s 84;
(6) RCW 24.06.430 (Issuance and filing of certificate of revocation—Effect) and 1982 c 35 s 151 & 1969 ex.s. c 120 s 86;
(7) RCW 24.06.433 (Foreign corporations—Application for reinstatement) and 1993 c 356 s 21;
(8) RCW 24.06.445 (Filing of annual or biennial report of domestic and foreign corporations) and 2011 c 183 s 6, 1993 c 356 s 23, 1982 c 35 s 153, 1973 c 146 s 1, & 1969 ex.s. c 120 s 89;
(9) RCW 24.06.455 (Miscellaneous fees) and 1993 c 269 s 8, 1982 c 35 s 155, 1979 ex.s. c 133 s 3, 1973 c 70 s 3, & 1969 ex.s. c 120 s 91;
(10) RCW 24.06.460 (Disposition of fees) and 1982 c 35 s 156 & 1969 ex.s. c 120 s 92;
(11) RCW 24.06.495 (Certificates and certified copies to be received in evidence) and 1982 c 35 s 161 & 1969 ex.s. c 120 s 99; and
(12) RCW 24.06.915 (Notice to existing corporations) and 1982 c 35 s 164 & 1969 ex.s. c 120 s 109.
PART V
GENERAL AND LIMITED LIABILITY PARTNERSHIPS AND REVISED UNIFORM PARTNERSHIP ACT REVISIONS
Sec. 5101. RCW 25.05.005 and 2009 c 202 s 3 are each amended to read as follows:
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise:
(1) "Business" includes every trade, occupation, and profession.
(2) "Debtor in bankruptcy" means a person who is the subject of:
(a) An order for relief under Title 11 of the United States Code or a comparable order under a successor statute of general application; or
(b) A comparable order under federal, state, or foreign law governing insolvency.
(3) "Distribution" means a transfer of money or other property from a partnership to a partner in the partner's capacity as a partner or to the partner's transferee.
(4) "Foreign limited liability partnership" means a partnership that:
(a) Is formed under laws other than the laws of this state; and
(b) Has the status of a limited liability partnership under those laws.
(5) "Limited liability partnership" means a partnership that has filed an application under RCW 25.05.500 and does not have a similar statement in effect in any other jurisdiction.
(6) "Partnership" means an association of two or more persons to carry on as co-owners a business for profit formed under RCW 25.05.055, predecessor law, or comparable law of another jurisdiction.
(7) "Partnership agreement" means the agreement, whether written, oral, or implied, among the partners concerning the partnership, including amendments to the partnership agreement.
(8) "Partnership at will" means a partnership in which the partners have not agreed to remain partners until the expiration of a definite term or the completion of a particular undertaking.
(9) "Partnership interest" or "partner's interest in the partnership" means all of a partner's interests in the partnership, including the partner's transferable interest and all management and other rights.
(10) "Person" means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, government, governmental subdivision, agency, or instrumentality, or any other legal or commercial entity.
(11) "Property" means all property, real, personal, or mixed, tangible or intangible, or any interest therein.
(12)
"Registered agent" means ((an individual resident of this state, a
domestic corporation, a government, governmental subdivision, agency, or instrumentality,
or a foreign corporation authorized to do business in this state)) the
person designated under part I, Article 4 of this act to serve as the agent of
the entity authorized to receive service of any process, notice, or demand
required or permitted by law to be served on the entity.
(13) "State" means a state of the United States, the District of Columbia, the Commonwealth of Puerto Rico, or any territory or insular possession subject to the jurisdiction of the United States.
(14) "Statement" means a statement of partnership authority under RCW 25.05.110, a statement of denial under RCW 25.05.115, a statement of dissociation under RCW 25.05.265, a statement of dissolution under RCW 25.05.320, or an amendment or cancellation of any statement under these sections.
(15) "Transfer" includes an assignment, conveyance, lease, mortgage, deed, and encumbrance.
Sec. 5102. RCW 25.05.025 and 1998 c 103 s 105 are each amended to read as follows:
(1) A statement may
be ((filed in)) delivered to the office of the secretary of state
for filing in accordance with part I, Article 2 of this act. A certified
copy of a statement that is filed in an office in another state may be ((filed
in)) delivered to the office of the secretary of state for filing
in accordance with part I, Article 2 of this act. Either filing has the
effect provided in this chapter with respect to partnership property located in
or transactions that occur in this state.
(2) A statement ((filed))
delivered by a partnership to the secretary of state for filing
must be executed by at least two partners. Other statements must be executed by
a partner or other person authorized by this chapter. An individual who
executes a statement as, or on behalf of, a partner or other person shall
personally declare under penalty of perjury that the contents of the statement
are accurate.
(3) A person
authorized by this chapter to ((file)) deliver a statement to
the secretary of state for filing may amend or cancel the statement by delivering
to the secretary of state for filing an amendment or cancellation that
names the partnership, identifies the statement, and states the substance of
the amendment or cancellation.
(4) A person who ((files))
delivers a statement ((pursuant to this section)) to the
secretary of state for filing shall promptly send a copy of the statement
to every nonfiling partner and to any other person named as a partner in the
statement. Failure to send a copy of a statement to a partner or other person
does not limit the effectiveness of the statement as to a person not a partner.
Sec. 5103. RCW 25.05.110 and 1998 c 103 s 303 are each amended to read as follows:
(1) A partnership
may ((file)) deliver to the secretary of state for filing a
statement of partnership authority, which:
(a) Must include:
(i) The name of the partnership; and
(ii) The street address of its chief executive office and of one office in this state, if there is one; and
(b) May state the names of all of the partners, the names of the partners authorized to execute an instrument transferring real property held in the name of the partnership, the authority, or limitations on the authority, of some or all of the partners to enter into other transactions on behalf of the partnership and any other matter.
(2) A grant of authority contained in a filed statement of partnership authority is conclusive in favor of a person not a partner who gives value without knowledge to the contrary, so long as and to the extent that a limitation on that authority is not then contained in a subsequently filed statement. A filed cancellation of a limitation on authority revives the previous grant of authority.
(3) A person not a partner is deemed to know of a limitation on the authority of a partner to transfer real property held in the name of the partnership if the limitation is contained in a filed statement of partnership authority.
(4) Except as otherwise provided in subsection (3) of this section and RCW 25.05.265 and 25.05.320, a person not a partner is not deemed to know of a limitation on the authority of a partner merely because the limitation is contained in a filed statement.
(5) Unless earlier
canceled, a filed statement of partnership authority is canceled by operation
of law five years after the date on which the statement, or the most recent
amendment, was filed ((with)) by the secretary of state.
Sec. 5104. RCW 25.05.115 and 1998 c 103 s 304 are each amended to read as follows:
A partner, or other
person named as a partner in a filed statement of partnership authority, may ((file))
deliver to the secretary of state for filing a statement of denial
stating the name of the partnership and the fact that is being denied, which
may include denial of a person's authority or status as a partner. A statement
of denial is a limitation on authority as provided in RCW 25.05.110 (2) and
(3).
Sec. 5105. RCW 25.05.355 and 2009 c 188 s 1405 are each amended to read as follows:
(1) A partnership may be converted to a limited partnership pursuant to this section.
(2) The terms and conditions of a conversion of a partnership to a limited partnership must be approved by all of the partners or by a number or percentage specified for conversion in the partnership agreement.
(3) After the conversion is approved by the partners, the partnership shall file a certificate of limited partnership in the jurisdiction in which the limited partnership is to be formed. The certificate must include:
(a) A statement that the partnership was converted to a limited partnership from a partnership;
(b) Its former name; and
(c) A statement of the number of votes cast by the partners for and against the conversion and, if the vote is less than unanimous, the number or percentage required to approve the conversion under the partnership agreement.
(4) If the partnership was converted to a domestic limited partnership, the certificate must also include:
(a) The name of the limited partnership;
(b) The address of
the office for records and the name and address of the registered agent
for service of process ((appointed pursuant to RCW 25.10.121)) designated
in accordance with part I, Article 4 of this act;
(c) The name and the geographical and mailing address of each general partner;
(d) The latest date upon which the limited partnership is to dissolve; and
(e) Any other matters the general partners determine to include therein.
(5) The conversion takes effect when the certificate of limited partnership is filed or at any later date specified in the certificate in accordance with section 1203 of this act.
(6) A general partner who becomes a limited partner as a result of the conversion remains liable as a general partner for an obligation incurred by the partnership before the conversion takes effect. If the other party to a transaction with the limited partnership reasonably believes when entering the transaction that the limited partner is a general partner, the limited partner is liable for an obligation incurred by the limited partnership within ninety days after the conversion takes effect. The limited partner's liability for all other obligations of the limited partnership incurred after the conversion takes effect is that of a limited partner as provided in the Washington uniform limited partnership act.
Sec. 5106. RCW 25.05.370 and 1998 c 103 s 905 are each amended to read as follows:
(1) One or more domestic partnerships may merge with one or more domestic partnerships, domestic limited partnerships, domestic limited liability companies, or domestic corporations pursuant to a plan of merger approved or adopted as provided in RCW 25.05.375.
(2) The plan of merger must set forth:
(a) The name of each partnership, limited liability company, limited partnership, and corporation planning to merge and the name of the surviving partnership, limited liability company, limited partnership, or corporation into which the other partnership, limited liability company, limited partnership, or corporation plans to merge;
(b) The terms and conditions of the merger; and
(c) The manner and basis of converting the interests of each member of each limited liability company, the partnership interests in each partnership and each limited partnership, and the shares of each corporation party to the merger into the interests, shares, obligations, or other securities of the surviving or any other partnership, limited liability company, limited partnership, or corporation or into cash or other property in whole or part.
(3) The plan of merger may set forth:
(a) Amendments to the certificate of formation of the surviving limited liability company;
(b) Amendments to the certificate of limited partnership of the surviving limited partnership;
(c) Amendments to the articles of incorporation of the surviving corporation; and
(d) Other provisions relating to the merger.
(4) If the plan of
merger does not specify a delayed effective date, it shall become effective
upon the filing of articles of merger as provided in section 1203 of this
act. ((If the)) A plan of merger ((specifies)) may
specify a delayed effective time and date((, the plan of merger becomes
effective at the time and date specified. If the plan of merger specifies a
delayed effective date but no time is specified, the plan of merger is
effective at the close of business on that date. A delayed effective date for a
plan of merger may not be later than the ninetieth day after the date it is
filed)) in accordance with section 1203 of this act.
Sec. 5107. RCW 25.05.390 and 2009 c 188 s 1408 are each amended to read as follows:
(1) One or more foreign partnerships, foreign limited liability companies, foreign limited partnerships, and foreign corporations may merge with one or more domestic partnerships, domestic limited liability companies, domestic limited partnerships, or domestic corporations if:
(a) The merger is permitted by the law of the jurisdiction under which each foreign partnership was organized, each foreign limited liability company was formed, each foreign limited partnership was organized, and each foreign corporation was incorporated, and each foreign partnership, foreign limited liability company, foreign limited partnership, and foreign corporation complies with that law in effecting the merger;
(b) The surviving entity complies with RCW 25.05.380;
(c) Each domestic limited liability company complies with RCW 25.15.400;
(d) Each domestic limited partnership complies with RCW 25.10.781; and
(e) Each domestic corporation complies with RCW 23B.11.080.
(2) Upon the merger
taking effect, a surviving foreign limited liability company, limited
partnership, or corporation ((is deemed to appoint the secretary of state as
its agent for service of)) may be served with process in accordance
with section 1411 of this act in a proceeding to enforce any obligation or
the rights of dissenting members, partners, or shareholders of each domestic
limited liability company, domestic limited partnership, or domestic
corporation party to the merger.
Sec. 5108. RCW 25.05.500 and 2010 1st sp.s. c 29 s 5 are each amended to read as follows:
(1) A partnership which is not a limited liability partnership on June 11, 1998, may become a limited liability partnership upon the approval of the terms and conditions upon which it becomes a limited liability partnership by the vote necessary to amend the partnership agreement except, in the case of a partnership agreement that expressly considers obligations to contribute to the partnership, the vote necessary to amend those provisions, and by delivering to the secretary of state for filing the applications required by subsection (2) of this section. A partnership which is a limited liability partnership on June 11, 1998, continues as a limited liability partnership under this chapter.
(2)(a) To become
and to continue as a limited liability partnership, a partnership must ((file
with)) deliver to the secretary of state for filing an
application stating the name of the partnership; ((the location of a
registered office, which need not be a place of its activity in this state;))
the address of its principal office; ((if the partnership's principal office
is not located in this state, the address of a registered office and)) the
name and address of a registered agent for service of process in this state
which the partnership will be required to continuously maintain in
accordance with part I, Article 4 of this act; the number of partners; a
brief statement of the business in which the partnership engages; any other
matters that the partnership determines to include; and that the partnership
thereby applies for status as a limited liability partnership.
(b) A registered
agent for service of process under (a) of this subsection ((must be an
individual who is a resident of this state or other person authorized to do
business in this state)) may be any person authorized under part I,
Article 4 of this act to serve as registered agent.
(3) The application
must be accompanied by a fee for each partnership as established by the
secretary of state ((in rule)) under section 1213 of this act.
(4) The secretary of state must register as a limited liability partnership any partnership that submits a completed application with the required fee.
(5) A partnership registered under this section must pay an annual fee, in each year following the year in which its application is filed, on a date and in an amount specified by the secretary of state under section 1213 of this act. The fee must be accompanied by a notice, on a form provided by the secretary of state, of the number of partners currently in the partnership and of any material changes in the information contained in the partnership's application for registration.
(6) Registration is
effective ((immediately after the date an application is filed)) as
specified in section 1203 of this act, and remains effective until:
(a) It is
voluntarily withdrawn by ((filing with)) delivering to the
secretary of state for filing a written withdrawal notice executed by a
majority of the partners or by one or more partners or other persons authorized
to execute a withdrawal notice; or
(b) Thirty days after receipt by the partnership of a notice from the secretary of state, which notice must be sent by first-class mail, postage prepaid, that the partnership has failed to make timely payment of the annual fee specified in subsection (5) of this section, unless the fee is paid within such a thirty-day period.
(7) The status of a partnership as a limited liability partnership, and the liability of the partners thereof, is not affected by: (a) Errors in the information stated in an application under subsection (2) of this section or a notice under subsection (6) of this section; or (b) changes after the filing of such an application or notice in the information stated in the application or notice.
(((8) The
secretary of state may provide forms for the application under subsection (2)
of this section or a notice under subsection (6) of this section.))
Sec. 5109. RCW 25.05.505 and 1998 c 103 s 1102 are each amended to read as follows:
The name of a
limited liability partnership ((shall contain the words "limited
liability partnership" or the abbreviation "L.L.P." or
"LLP" as the last words or letters of its name)) must comply
with part I, Article 3 of this act.
Sec. 5110. RCW 25.05.530 and 2009 c 437 s 5 are each amended to read as follows:
(((1) In order
to)) A limited liability partnership may change its ((registered
office,)) registered agent for service of process((, or the address of
its registered agent for service of process, a limited liability partnership
must deliver to the secretary of state for filing a statement of change containing:
(a) The name of the
limited liability partnership;
(b) The street and
mailing address of its current registered office;
(c) If the current
registered office is to be changed, the street and mailing address of the new
registered office;
(d) The name and
street and mailing address of its current registered agent for service of
process; and
(e) If the current
registered agent for service of process or an address of the registered agent
is to be changed, the new information.
(2) A statement of
change is effective when filed by the secretary of state)) by delivering
to the secretary of state for filing a statement of change in accordance with
section 1407 of this act.
Sec. 5111. RCW 25.05.533 and 2009 c 437 s 6 are each amended to read as follows:
(((1) In order
to resign as)) A registered agent for service of process of a
limited liability partnership((, the registered agent must deliver to the
secretary of state for filing a statement of resignation containing the name of
the limited liability partnership.
(2) After receiving
a statement of resignation, the secretary of state shall file it and mail a
copy to the registered office of the limited liability partnership and another
copy to the principal office if the address of the office appears in the
records of the secretary of state and is different from the address of the
registered office.
(3) A registered
agent for service of process is terminated on the thirty-first day after the
secretary of state files the statement of resignation)) may resign as
agent by delivering to the secretary of state for filing a statement of
resignation in accordance with section 1410 of this act.
Sec. 5112. RCW 25.05.536 and 2009 c 437 s 7 are each amended to read as follows:
(((1) A
registered agent for service of process appointed by a limited liability
partnership is a registered agent of the limited liability partnership for))
Service of any process, notice, or demand required or permitted by law
to be served upon the limited liability partnership may be made in
accordance with section 1411 of this act.
(((2) If a
limited liability partnership does not appoint or maintain a registered agent
for service of process in this state or the registered agent for service of
process cannot with reasonable diligence be found at the registered agent's
address, the secretary of state is an agent of the limited liability
partnership upon whom process, notice, or demand may be served.
(3) Service of any
process, notice, or demand on the secretary of state may be made by delivering
to and leaving with the secretary of state duplicate copies of the process,
notice, or demand. If a process, notice, or demand is served on the secretary
of state, the secretary of state shall forward one of the copies by registered
or certified mail, return receipt requested, to the limited liability
partnership at its registered office.
(4) Service is
effected under subsection (3) of this section at the earliest of:
(a) The date the
limited liability partnership receives the process, notice, or demand;
(b) The date shown
on the return receipt, if signed on behalf of the limited liability
partnership; or
(c) Five days after
the process, notice, or demand is deposited in the mail, if mailed postpaid and
correctly addressed.
(5) The secretary
of state shall keep a record of each process, notice, and demand served
pursuant to this section and record the time of, and the action taken
regarding, the service.
(6) This section
does not affect the right to serve process, notice, or demand in any other
manner provided by law.))
Sec. 5113. RCW 25.05.550 and 1998 c 103 s 1201 are each amended to read as follows:
(((1) The law
under which a foreign limited liability partnership is formed governs relations
among the partners and between the partners and the partnership and, except as
otherwise provided in RCW 25.05.125(4), the liability of partners for
obligations of the partnership.
(2) A foreign
limited liability partnership may not be denied a statement of foreign
qualification by reason of any difference between the law under which the
partnership was formed and the law of this state.
(3) A statement of
foreign qualification does not authorize a foreign limited liability
partnership to engage in any business or exercise any power that a partnership
may not engage in or exercise in this state as a limited liability partnership)) A foreign
limited liability partnership that registers to transact business in this state
is subject to section 1501 of this act relating to the effect of registration
and the governing law for registered foreign limited liability partnerships.
Sec. 5114. RCW 25.05.555 and 1998 c 103 s 1202 are each amended to read as follows:
Before transacting
business in this state, a foreign limited liability partnership must register
with the secretary of state ((under this chapter in the same manner as a
limited liability partnership, except that if the foreign limited liability
partnership's name contains the words "registered limited liability
partnership" or the abbreviation "R.L.L.P." or "RLLP,"
it may include those words or abbreviations in its application with the secretary
of state)) in accordance with part I, Article 5 of this act.
Sec. 5115. RCW 25.05.560 and 2009 c 437 s 12 are each amended to read as follows:
(((1))) A
foreign limited liability partnership transacting business in this state ((may
not maintain an action or proceeding in this state unless it has in effect a
registration as a foreign limited liability partnership.
(2) The failure of
a foreign limited liability partnership to have in effect a registration as a
foreign limited liability partnership does not impair the validity of a
contract or act of the foreign limited liability partnership or preclude it
from defending an action or proceeding in this state.
(3) A limitation on
personal liability of a partner is not waived solely by transacting business in
this state without registration as a foreign limited liability partnership)) without
registering with the secretary of state is subject to section 1502 of this act.
(((4))) If a
foreign limited liability partnership transacts business in this state without
a registration as a foreign limited liability partnership, ((the secretary
of state is its agent, as set forth under RCW 25.05.589, for)) service of
process with respect to a right of action arising out of the transaction of
business in this state may be made on the foreign limited liability
partnership in accordance with section 1411 of this act.
Sec. 5116. RCW 25.05.565 and 1998 c 103 s 1204 are each amended to read as follows:
(((1))) A
nonexhaustive list of activities of a foreign limited liability partnership
((which)) that do not constitute transacting business ((for
the purpose of this article include:
(a) Maintaining,
defending, or settling an action or proceeding;
(b) Holding meetings
of its partners or carrying on any other activity concerning its internal
affairs;
(c) Maintaining
bank accounts;
(d) Maintaining
offices or agencies for the transfer, exchange, and registration of the
partnership's own securities or maintaining trustees or depositories with
respect to those securities;
(e) Selling through
independent contractors;
(f) Soliciting or
obtaining orders, whether by mail or through employees or agents or otherwise,
if the orders require acceptance outside this state before they become
contracts;
(g) Creating or
acquiring indebtedness, with or without a mortgage, or other security interest
in property;
(h) Collecting
debts or foreclosing mortgages or other security interests in property securing
the debts, and holding, protecting, and maintaining property so acquired;
(i) Conducting an
isolated transaction that is completed within thirty days and is not one in the
course of similar transactions; and
(j) Transacting
business in interstate commerce.
(2) For purposes of
this article, the ownership in this state of income-producing real property or
tangible personal property, other than property excluded under subsection (1)
of this section, constitutes transacting business in this state.
(3) This section
does not apply in determining the contacts or activities that may subject a
foreign limited liability partnership to service of process, taxation, or
regulation under any other law of this state)) in this state is provided in
section 1505 of this act.
Sec. 5117. RCW 25.05.580 and 2009 c 437 s 8 are each amended to read as follows:
(((1))) A
foreign limited liability partnership shall designate and continuously maintain
in this state((:
(a) A registered
office, which need not be a place of its activity in this state; and
(b) A registered
agent for service of process.
(2) A registered
agent for service of process of a foreign limited liability partnership must be
an individual who is a resident of this state or other person authorized to do
business in this state))
a registered agent in accordance with part I, Article 4 of this act.
Sec. 5118. RCW 25.05.583 and 2009 c 437 s 9 are each amended to read as follows:
(((1) In order
to)) A foreign limited liability partnership may change its ((registered
office,)) registered agent for service of process((, or the address of
its registered agent for service of process, a foreign limited liability
partnership must deliver to the secretary of state for filing a statement of
change containing:
(a) The name of the
foreign limited liability partnership;
(b) The street and
mailing address of its current registered office;
(c) If the current
registered office is to be changed, the street and mailing address of the new
registered office;
(d) The name and
street and mailing address of its current registered agent for service of
process; and
(e) If the current
registered agent for service of process or an address of the registered agent
is to be changed, the new information.
(2) A statement of
change is effective when filed by the secretary of state)) by delivering
to the secretary of state for filing a statement of change in accordance with
section 1407 of this act.
Sec. 5119. RCW 25.05.586 and 2009 c 437 s 10 are each amended to read as follows:
(((1) In order
to resign as a registered agent for service of process of a foreign limited
liability partnership, the registered agent must deliver to the secretary of
state for filing a statement of resignation containing the name of the foreign
limited liability partnership.
(2) After receiving
a statement of resignation, the secretary of state shall file it and mail a
copy to the registered office of the foreign limited liability partnership and
another copy to the principal office if the address of the office appears in
the records of the secretary of state and is different from the address of the
registered office.
(3) A registered
agent for service of process is terminated on the thirty-first day after the
secretary of state files the statement of resignation)) A registered
agent of a foreign limited liability partnership may resign as agent by
delivering to the secretary of state for filing a statement of resignation in
accordance with section 1410 of this act.
Sec. 5120. RCW 25.05.589 and 2009 c 437 s 11 are each amended to read as follows:
(((1) A
registered agent for service of process appointed by a foreign limited
liability partnership is a registered agent of the foreign limited liability
partnership for)) Service of any process, notice, or demand required
or permitted by law to be served upon the foreign limited liability
partnership((.
(2) If a foreign
limited liability partnership does not appoint or maintain a registered agent
for service of process in this state or the registered agent for service of
process cannot with reasonable diligence be found at the registered agent's
address, the secretary of state is an agent of the foreign limited liability
partnership upon whom process, notice, or demand may be served.
(3) Service of any
process, notice, or demand on the secretary of state may be made by delivering
to and leaving with the secretary of state duplicate copies of the process,
notice, or demand. If a process, notice, or demand is served on the secretary
of state, the secretary of state shall forward one of the copies by registered
or certified mail, return receipt requested, to the foreign limited liability
partnership at its registered office.
(4) Service is
effected under subsection (3) of this section at the earliest of:
(a) The date the
foreign limited liability partnership receives the process, notice, or demand;
(b) The date shown
on the return receipt, if signed on behalf of the foreign limited liability
partnership; or
(c) Five days after
the process, notice, or demand is deposited in the mail, if mailed postpaid and
correctly addressed.
(5) The secretary
of state shall keep a record of each process, notice, and demand served
pursuant to this section and record the time of, and the action taken
regarding, the service.
(6) This section
does not affect the right to serve process, notice, or demand in any other
manner provided by law))
may be made in accordance with section 1411 of this act.
Sec. 5121. RCW 25.05.902 and 1998 c 103 s 1306 are each amended to read as follows:
(((1))) Partnerships
are subject to the applicable fees, charges, and penalties established by the
secretary of state ((shall adopt rules establishing fees which shall be
charged and collected for:
(a) Filing of a
statement;
(b) Filing of a
certified copy of a statement that is filed in an office in another state;
(c) Filing
amendments to any of the foregoing or any other certificate, statement, or
report authorized or permitted to be filed; and
(d) Copies,
certified copies, certificates, and expedited filings or other special
services.
(2) In the
establishment of a fee schedule, the secretary of state shall, insofar as is
possible and reasonable, be guided by the fee schedule provided for corporations
covered by Title 23B RCW. Fees for copies, certified copies, and certificates
of record shall be as provided for in RCW 23B.01.220.
(3) All fees
collected by the secretary of state shall be deposited with the state treasurer
pursuant to law))
under section 1213 of this act and RCW 43.07.120.
NEW SECTION. Sec. 5122. The following acts or parts of acts are each repealed:
(1) RCW 25.04.716 (Name—Reservation of exclusive right—Filing) and 1998 c 102 s 7; and
(2) RCW 25.05.570 (Action by attorney general) and 1998 c 103 s 1205.
PART VI
UNIFORM LIMITED PARTNERSHIP ACT REVISIONS
Sec. 6101. RCW 25.10.011 and 2009 c 188 s 102 are each amended to read as follows:
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
(1) "Certificate of limited partnership" means the certificate required by RCW 25.10.201, including the certificate as amended or restated.
(2) "Contribution," except in the term "right of contribution," means any benefit provided by a person to a limited partnership in order to become a partner or in the person's capacity as a partner.
(3) "Debtor in bankruptcy" means a person that is the subject of:
(a) An order for relief under Title 11 of the United States Code or a comparable order under a successor statute of general application; or
(b) A comparable order under federal, state, or foreign law governing insolvency.
(4)
"Designated office" means((:
(a) With respect to
a limited partnership, the office that the limited partnership is required to
designate and maintain under RCW 25.10.121; and
(b) With respect to
a foreign limited partnership, its principal office)) the principal
office indicated in the limited partnership's most recent annual report, or if
the principal office is not located within this state, the office of the
limited partnership's registered agent.
(5) "Distribution" means a transfer of money or other property from a limited partnership to a partner in the partner's capacity as a partner or to a transferee on account of a transferable interest owned by the transferee.
(6) "Foreign limited liability limited partnership" means a foreign limited partnership whose general partners have limited liability for the obligations of the foreign limited partnership under a provision similar to RCW 25.10.401(3).
(7) "Foreign limited partnership" means a partnership formed under the laws of a jurisdiction other than this state and required by those laws to have one or more general partners and one or more limited partners. "Foreign limited partnership" includes a foreign limited liability limited partnership.
(8) "General partner" means:
(a) With respect to a limited partnership, a person that:
(i) Becomes a general partner under RCW 25.10.371; or
(ii) Was a general partner in a limited partnership when the limited partnership became subject to this chapter under RCW 25.10.911 (1) or (2); and
(b) With respect to a foreign limited partnership, a person that has rights, powers, and obligations similar to those of a general partner in a limited partnership.
(9) "Limited liability limited partnership," except in the term "foreign limited liability limited partnership," means a limited partnership whose certificate of limited partnership states that the limited partnership is a limited liability limited partnership.
(10) "Limited partner" means:
(a) With respect to a limited partnership, a person that:
(i) Becomes a limited partner under RCW 25.10.301; or
(ii) Was a limited partner in a limited partnership when the limited partnership became subject to this chapter under RCW 25.10.911 (1) or (2); and
(b) With respect to a foreign limited partnership, a person that has rights, powers, and obligations similar to those of a limited partner in a limited partnership.
(11) "Limited partnership," except in the terms "foreign limited partnership" and "foreign limited liability limited partnership," means an entity, having one or more general partners and one or more limited partners, that is formed under this chapter by two or more persons or becomes subject to this chapter under article 11 of this chapter or RCW 25.10.911 (1) or (2). "Limited partnership" includes a limited liability limited partnership.
(12) "Partner" means a limited partner or general partner.
(13) "Partnership agreement" means the partners' agreement, whether oral, implied, in a record, or in any combination, concerning the limited partnership. "Partnership agreement" includes the agreement as amended.
(14) "Person" means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, government; governmental subdivision, agency, or instrumentality; public corporation, or any other legal or commercial entity.
(15) "Person dissociated as a general partner" means a person dissociated as a general partner of a limited partnership.
(16) "Principal office" means the office where the principal executive office of a limited partnership or foreign limited partnership is located, whether or not the office is located in this state.
(17) "Record" means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form.
(18) "Required information" means the information that a limited partnership is required to maintain under RCW 25.10.091.
(19) "Sign" means:
(a) To sign with respect to a written record;
(b) To electronically transmit along with sufficient information to determine the sender's identity with respect to an electronic transmission; or
(c) With respect to a record to be filed with the secretary of state, to comply with the standard for filing with the office of the secretary of state as prescribed by the secretary of state.
(20) "State" means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States.
(21) "Transfer" includes an assignment, conveyance, deed, bill of sale, lease, mortgage, security interest, encumbrance, gift, and transfer by operation of law.
(22) "Transferable interest" means a partner's right to receive distributions.
(23) "Transferee" means a person to which all or part of a transferable interest has been transferred, whether or not the transferor is a partner.
Sec. 6102. RCW 25.10.061 and 2009 c 188 s 108 are each amended to read as follows:
(((1))) The
name of a limited partnership ((may contain the name of any partner.
(2) The name of a
limited partnership that is not a limited liability limited partnership must
contain the term "limited partnership" or the abbreviation
"LP" or "L.P." and may not contain the term "limited
liability limited partnership" or the abbreviation "LLLP" or
"L.L.L.P."
(3) The name of a
limited liability limited partnership must contain the term "limited
liability limited partnership" or the abbreviation "LLLP" or
"L.L.L.P." and must not contain the abbreviation "LP" or
"L.P."
(4) Unless
authorized by subsection (5) of this section, the name of a limited partnership
must be distinguishable in the records of the secretary of state from:
(a) The name of
each person other than an individual incorporated, organized, or authorized to
transact business in this state through a filing or registration with the
secretary of state; and
(b) Each name
reserved under RCW 25.10.071.
(5) A limited partnership
may apply to the secretary of state for authorization to use a name that does
not comply with subsection (4) of this section. The secretary of state shall
authorize use of the name applied for if, as to each conflicting name:
(a) The present
user, registrant, or owner of the conflicting name consents in a signed record
to the use and submits an undertaking in a form satisfactory to the secretary
of state to change the conflicting name to a name that complies with subsection
(4) of this section and is distinguishable in the records of the secretary of
state from the name applied for;
(b) The applicant
delivers to the secretary of state a certified copy of the final judgment of a
court of competent jurisdiction establishing the applicant's right to use in
this state the name applied for; or
(c) The applicant
delivers to the secretary of state proof satisfactory to the secretary of state
that the present user, registrant, or owner of the conflicting name:
(i) Has merged into
the applicant;
(ii) Has been converted
into the applicant; or
(iii) Has
transferred substantially all of its assets, including the conflicting name, to
the applicant.
(6) Subject to RCW
25.10.661, this section applies to any foreign limited partnership transacting
business in this state, having a certificate of authority to transact business
in this state, or applying for a certificate of authority.
(7) A name shall
not be considered distinguishable upon the records of the secretary of state by
virtue of:
(a) A variation in
any of the following designations for the same name: "Corporation,"
"incorporated," "company," "limited,"
"partnership," "limited partnership," "limited
liability limited partnership," "limited liability company," or
"limited liability partnership," or the abbreviations
"corp.," "inc.," "co.," "ltd.,"
"LP," "L.P.," "LLP," "L.L.P.,"
"LLLP," "L.L.L.P.," "LLC," or "L.L.C.";
(b) The addition or
deletion of an article or conjunction such as "the" or
"and" from the same name;
(c) Punctuation,
capitalization, or special characters or symbols in the same name; or
(d) Use of
abbreviation or the plural form of a word in the same name.
(8) This chapter
does not control the use of assumed business names or trade names)) must comply
with the provisions of part I, Article 3 of this act.
Sec. 6103. RCW 25.10.071 and 2009 c 188 s 109 are each amended to read as follows:
(((1))) A
person may reserve the exclusive right to the use of a limited
partnership name ((that complies with RCW 25.10.061 may be reserved by:
(a) A person
intending to organize a limited partnership under this chapter and to adopt the
name;
(b) A limited
partnership or a foreign limited partnership authorized to transact business in
this state intending to adopt the name;
(c) A foreign
limited partnership intending to obtain a certificate of authority to transact
business in this state and adopt the name;
(d) A person
intending to organize a foreign limited partnership and intending to have it obtain
a certificate of authority to transact business in this state and adopt the
name;
(e) A foreign
limited partnership formed under the name; or
(f) A foreign
limited partnership formed under a name that does not comply with RCW 25.10.061
(2) or (3), but the name reserved under this subsection (1)(f) may differ from
the foreign limited partnership's name only to the extent necessary to comply
with RCW 25.10.061 (2) and (3).
(2) A person may
apply to reserve a name under subsection (1) of this section by delivering to
the secretary of state for filing an application that states the name to be
reserved and the subsection of subsection (1) of this section that applies. If
the secretary of state finds that the name is available for use by the
applicant, the secretary of state shall file a statement of name reservation
and thereby reserve the name for the exclusive use of the applicant for one
hundred eighty days.
(3) An applicant
that has reserved a name pursuant to subsection (2) of this section may reserve
the same name for additional one hundred eighty-day periods. A person having a
current reservation for a name may not apply for another one hundred eighty-day
period for the same name until ninety days have elapsed in the current
reservation.
(4) A person that
has reserved a name under this section may deliver to the secretary of state
for filing a notice of transfer that states the reserved name, the name and
street and mailing address of some other person to which the reservation is to
be transferred, and the subsection of subsection (1) of this section that
applies to the other person. Subject to RCW 25.10.251(3), the transfer is
effective when the secretary of state files the notice of transfer)) in accordance
with section 1303 of this act.
Sec. 6104. RCW 25.10.121 and 2009 c 188 s 114 are each amended to read as follows:
(((1))) A
limited partnership or foreign limited partnership shall designate and
continuously maintain in this state((:
(a) An office,
which need not be a place of its activity in this state; and
(b) An agent for
service of process.
(2) A foreign
limited partnership shall designate and continuously maintain in this state an
agent for service of process.
(3) An agent for
service of process of a limited partnership or foreign limited partnership must
be an individual who is a resident of this state or other person authorized to
do business in this state)) a registered agent in accordance with part I,
Article 4 of this act.
Sec. 6105. RCW 25.10.131 and 2009 c 188 s 115 are each amended to read as follows:
(((1) In order
to change its designated office, agent for service of process, or the address
of its agent for service of process,)) A limited partnership or a
foreign limited partnership ((must deliver)) may change its
registered agent by delivering to the secretary of state for filing a
statement of change ((containing:
(a) The name of the
limited partnership or foreign limited partnership;
(b) The street and
mailing address of its current designated office;
(c) If the current
designated office is to be changed, the street and mailing address of the new
designated office;
(d) The name and
street and mailing address of its current agent for service of process; and
(e) If the current
agent for service of process or an address of the agent is to be changed, the
new information.
(2) Subject to RCW
25.10.251(3), a statement of change is effective when filed by the secretary of
state))
in accordance with section 1407 of this act.
Sec. 6106. RCW 25.10.141 and 2009 c 188 s 116 are each amended to read as follows:
(((1) In order
to)) A registered agent may resign as an agent for service of
process of a limited partnership or foreign limited partnership((, the agent
must deliver)) by delivering to the secretary of state for filing a
statement of resignation ((containing the name of the limited partnership or
foreign limited partnership.
(2) After receiving
a statement of resignation, the secretary of state shall file it and mail a
copy to the designated office of the limited partnership or foreign limited
partnership and another copy to the principal office if the address of the
office appears in the records of the secretary of state and is different from
the address of the designated office.
(3) An agent for
service of process is terminated on the thirty-first day after the secretary of
state files the statement of resignation)) in accordance with section 1410 of
this act.
Sec. 6107. RCW 25.10.151 and 2009 c 188 s 117 are each amended to read as follows:
(((1) An agent
for service of process appointed by a limited partnership or foreign limited
partnership is an agent of the limited partnership or foreign limited
partnership for)) Service of any process, notice, or demand required
or permitted by law to be served upon the limited partnership or foreign
limited partnership((.
(2) If a limited
partnership or foreign limited partnership does not appoint or maintain an
agent for service of process in this state or the agent for service of process
cannot with reasonable diligence be found at the agent's address, the secretary
of state is an agent of the limited partnership or foreign limited partnership
upon whom process, notice, or demand may be served.
(3) Service of any
process, notice, or demand on the secretary of state may be made by delivering
to and leaving with the secretary of state duplicate copies of the process,
notice, or demand. If a process, notice, or demand is served on the secretary
of state, the secretary of state shall forward one of the copies by registered
or certified mail, return receipt requested, to the limited partnership or
foreign limited partnership at its designated office.
(4) Service is
effected under subsection (3) of this section at the earliest of:
(a) The date the
limited partnership or foreign limited partnership receives the process,
notice, or demand;
(b) The date shown
on the return receipt, if signed on behalf of the limited partnership or
foreign limited partnership; or
(c) Five days after
the process, notice, or demand is deposited in the mail, if mailed postpaid and
correctly addressed.
(5) The secretary
of state shall keep a record of each process, notice, and demand served
pursuant to this section and record the time of, and the action taken
regarding, the service.
(6) This section
does not affect the right to serve process, notice, or demand in any other
manner provided by law))
may be made in accordance with section 1411 of this act.
Sec. 6108. RCW 25.10.201 and 2009 c 188 s 201 are each amended to read as follows:
(1) In order for a limited partnership to be formed, a certificate of limited partnership must be delivered to the secretary of state for filing in accordance with part I, Article 2 of this act. The certificate of limited partnership must state:
(a) The name of the
limited partnership, which must comply with ((RCW 25.10.061)) part I,
Article 3 of this act;
(b) The ((street
and mailing address of the initial designated office and the)) name and
street and mailing address of the initial agent for service of process;
(c) The name and the street and mailing address of each general partner;
(d) Whether the limited partnership is a limited liability limited partnership; and
(e) Any additional information required by article 11 of this chapter.
(2) A certificate of limited partnership may also contain any other matters but may not vary or otherwise affect the provisions specified in RCW 25.10.081(2) in a manner inconsistent with that section.
(3) If there has
been substantial compliance with subsection (1) of this section, subject to ((RCW
25.10.251(3))) section 1203 of this act, a limited partnership is
formed when the secretary of state files the certificate of limited
partnership.
(4) Subject to subsection (2) of this section, if any provision of a partnership agreement is inconsistent with the filed certificate of limited partnership or with a filed statement of dissociation, termination, or change or filed articles of conversion or merger:
(a) The partnership agreement prevails as to partners and transferees; and
(b) The filed certificate of limited partnership, statement of dissociation, termination, or change or articles of conversion or merger prevails as to persons, other than partners and transferees, that reasonably rely on the filed record to their detriment.
Sec. 6109. RCW 25.10.211 and 2009 c 188 s 202 are each amended to read as follows:
(1) In order to amend its certificate of limited partnership, a limited partnership must deliver to the secretary of state for filing an amendment or, pursuant to article 11 of this chapter, articles of merger stating:
(a) The name of the limited partnership;
(b) The date of filing of its initial certificate of limited partnership; and
(c) The changes the amendment makes to the certificate of limited partnership as most recently amended or restated.
(2) A limited partnership shall promptly deliver to the secretary of state for filing an amendment to a certificate of limited partnership to reflect:
(a) The admission of a new general partner;
(b) The dissociation of a person as a general partner; or
(c) The appointment of a person to wind up the limited partnership's activities under RCW 25.10.581 (3) or (4).
(3) A general partner that knows that any information in a filed certificate of limited partnership was false when the certificate was filed or has become false due to changed circumstances shall promptly:
(a) Cause the certificate of limited partnership to be amended; or
(b) If appropriate,
deliver to the secretary of state for filing a statement of change pursuant to
((RCW 25.10.131)) section 1407 of this act or a statement of
correction pursuant to ((RCW 25.10.261)) section 1205 of this act.
(4) A certificate of limited partnership may be amended at any time for any other proper purpose as determined by the limited partnership.
(5) A restated certificate of limited partnership may be delivered to the secretary of state for filing in the same manner as an amendment.
(6) ((Subject to
RCW 25.10.251(3),)) An amendment or restated certificate of limited
partnership is effective when filed by the secretary of state as provided in
section 1203 of this act, and may state a delayed effective date in accordance
with section 1203 of this act.
Sec. 6110. RCW 25.10.231 and 2009 c 188 s 204 are each amended to read as follows:
(1) Each record
delivered to the secretary of state for filing pursuant to ((this chapter))
part I, Article 2 of this act must be signed in the following manner:
(a) An initial certificate of limited partnership must be signed by all general partners listed in the certificate.
(b) An amendment adding or deleting a statement that the limited partnership is a limited liability limited partnership must be signed by all general partners listed in the certificate.
(c) An amendment designating as general partner a person admitted under RCW 25.10.571(3)(b) following the dissociation of a limited partnership's last general partner must be signed by that person.
(d) An amendment required by RCW 25.10.581(3) following the appointment of a person to wind up the dissolved limited partnership's activities must be signed by that person.
(e) Any other amendment must be signed by:
(i) At least one general partner listed in the certificate of limited partnership;
(ii) Each other person designated in the amendment as a new general partner; and
(iii) Each person that the amendment indicates has dissociated as a general partner, unless:
(A) The person is deceased or a guardian or general conservator has been appointed for the person and the amendment so states; or
(B) The person has previously delivered to the secretary of state for filing a statement of dissociation.
(f) A restated certificate of limited partnership must be signed by at least one general partner listed in the certificate, and, to the extent the restated certificate effects a change under any other subsection of this subsection (1), the certificate must be signed in a manner that satisfies that subsection.
(g) A statement of termination must be signed by all general partners listed in the certificate or, if the certificate of a dissolved limited partnership lists no general partners, by the person appointed pursuant to RCW 25.10.581 (3) or (4) to wind up the dissolved limited partnership's activities.
(h) Articles of conversion must be signed by each general partner listed in the certificate of limited partnership.
(i) Articles of merger must be signed as provided in RCW 25.10.786(1).
(j) Any other record delivered on behalf of a limited partnership to the secretary of state for filing must be signed by at least one general partner listed in the certificate of limited partnership.
(k) A statement by a person pursuant to RCW 25.10.531(1)(d) stating that the person has dissociated as a general partner must be signed by that person.
(l) A statement of withdrawal by a person pursuant to RCW 25.10.351 must be signed by that person.
(m) A record delivered on behalf of a foreign limited partnership to the secretary of state for filing must be signed by at least one general partner of the foreign limited partnership.
(n) Any other record delivered on behalf of any person to the secretary of state for filing must be signed by that person.
(2) Any person may
sign by an ((attorney-in-fact)) agent any record to be ((filed
pursuant to this chapter)) delivered to the secretary of state for
filing under part I, Article 2 of this act.
Sec. 6111. RCW 25.10.241 and 2009 c 188 s 205 are each amended to read as follows:
(((1))) If a
person required by this chapter to sign a record or deliver a record to the
secretary of state for filing does not do so, any other person that is
aggrieved may petition the appropriate court ((to order:
(a) The person to
sign the record;
(b) Delivery of the
record to the secretary of state for filing; or
(c) The secretary
of state to file the record unsigned.
(2) If the person
aggrieved under subsection (1) of this section is not the limited partnership
or foreign limited partnership to which the record pertains, the aggrieved
person shall make the limited partnership or foreign limited partnership a
party to the action. A person aggrieved under subsection (1) of this section
may seek the remedies provided in subsection (1) of this section in the same
action in combination or in the alternative.
(3) A record filed
unsigned pursuant to this section is effective without being signed)) under section
1210 of this act to order the signing or delivery of the record.
Sec. 6112. RCW 25.10.251 and 2009 c 188 s 206 are each amended to read as follows:
(1) A record
authorized or required to be delivered to the secretary of state for filing
under this chapter must ((be captioned to describe the record's purpose, be
in a medium permitted by the secretary of state, and be delivered to the
secretary of state. Unless the secretary of state determines that a record does
not comply with the filing requirements of this chapter, and if all filing fees
have been paid,)) comply with the requirements of part I, Article 2 of
this act. The secretary of state shall ((file the record and)):
(a) For a statement of dissociation, send:
(i) A copy of the filed statement and a receipt for the fees to the person that the statement indicates has dissociated as a general partner; and
(ii) A copy of the filed statement and receipt to the limited partnership;
(b) For a statement of withdrawal, send:
(i) A copy of the filed statement and a receipt for the fees to the person on whose behalf the record was filed; and
(ii) If the statement refers to an existing limited partnership, a copy of the filed statement and receipt to the limited partnership; and
(c) For all other records, send a copy of the filed record and a receipt for the fees to the person on whose behalf the record was filed.
(2) ((Upon
request and payment of a fee, the secretary of state shall send to the
requester a certified copy of the requested record.
(3) Except as
otherwise provided in RCW 25.10.141 and 25.10.261,)) A record
delivered to the secretary of state for filing under this chapter may specify
an effective time and a delayed effective date in accordance with section
1203 of this act. Except as otherwise provided in this chapter, a record
filed by the secretary of state is effective((:
(a) If the record
does not specify an effective time and does not specify a delayed effective
date, on the date and at the time the record is filed as evidenced by the
secretary of state's endorsement of the date and time on the record;
(b) If the record
specifies an effective time but not a delayed effective date, on the date the
record is filed at the time specified in the record;
(c) If the record
specifies a delayed effective date but not an effective time, at 12:01 a.m. on
the earlier of:
(i) The specified
date; or
(ii) The ninetieth
day after the record is filed; or
(d) If the record
specifies an effective time and a delayed effective date, at the specified time
on the earlier of:
(i) The specified
date; or
(ii) The ninetieth
day after the record is filed)) as provided in section 1203 of this
act.
Sec. 6113. RCW 25.10.261 and 2009 c 188 s 207 are each amended to read as follows:
(((1))) A
limited partnership or foreign limited partnership may ((deliver to the
secretary of state for filing a statement of correction to correct a record
previously delivered by the limited partnership or foreign limited partnership
to the secretary of state and filed by the secretary of state, if at the time
of filing the record contained false or erroneous information or was
defectively signed.
(2) A statement of
correction may not state a delayed effective date and must:
(a) Describe the
record to be corrected, including its filing date, or attach a copy of the
record as filed;
(b) Specify the
incorrect information and the reason it is incorrect or the manner in which the
signing was defective; and
(c) Correct the
incorrect information or defective signature.
(3) When filed by
the secretary of state, a statement of correction is effective retroactively as
of the effective date of the record the statement corrects, but the statement
is effective when filed:
(a) For the
purposes of RCW 25.10.016 (3) and (4); and
(b) As to persons
relying on the uncorrected record and adversely affected by the correction)) correct a
record filed by the secretary of state in accordance with section 1205 of this
act.
Sec. 6114. RCW 25.10.271 and 2009 c 188 s 208 are each amended to read as follows:
(1) If a record delivered to the secretary of state for filing under this chapter and filed by the secretary of state contains false information, a person that suffers loss by reliance on the information may recover damages for the loss from:
(a) A person that signed the record, or caused another to sign it on the person's behalf, and knew the information to be false at the time the record was signed; and
(b) A general
partner that has notice that the information was false when the record was
filed or has become false because of changed circumstances, if the general
partner has notice for a reasonably sufficient time before the information is
relied upon to enable the general partner to effect an amendment under RCW
25.10.211, file a petition under RCW 25.10.241, or deliver to the secretary of
state for filing a statement of change under ((RCW 25.10.131)) section
1407 of this act or a statement of correction under ((RCW 25.10.261))
section 1205 of this act.
(2) A person who
signs a record authorized or required to be filed under this chapter that such
a person knows is false in any material respect with intent that the record be
delivered to the secretary of state for filing is ((guilty of a gross
misdemeanor punishable under chapter 9A.20 RCW)) subject to a criminal
penalty under section 1209 of this act.
Sec. 6115. RCW 25.10.281 and 2009 c 188 s 209 are each amended to read as follows:
(((1))) Any
person may apply to the secretary of state under section 1208 of this act
to furnish a certificate of existence for a domestic limited partnership or a
certificate of ((authorization)) registration for a foreign
limited partnership.
(((2) A
certificate of existence or authorization means that as of the date of its
issuance:
(a) The domestic
limited partnership is duly formed under the laws of this state, or that the
foreign limited partnership is authorized to transact business in this state;
(b) All fees and
penalties owed to this state under this chapter have been paid, if (i) payment
is reflected in the records of the secretary of state, and (ii) nonpayment
affects the existence or authorization of the domestic or foreign limited
partnership;
(c) The limited
partnership's most recent annual report required by RCW 25.10.291 has been
delivered to the secretary of state;
(d) The
partnership's certificate of limited partnership has not been amended to state
that the limited partnership is dissolved; and
(e) A statement of
termination or an application for withdrawal has not been filed by the
secretary of state.
(3) A person may
apply to the secretary of state to issue a certificate covering any fact of
record.
(4) Subject to any
qualification stated in the certificate, a certificate of existence or
authorization issued by the secretary of state may be relied upon as conclusive
evidence that the domestic or foreign limited partnership is in existence or is
authorized to transact business in the limited partnership form in this state.))
Sec. 6116. RCW 25.10.291 and 2009 c 188 s 210 are each amended to read as follows:
(((1))) A
limited partnership or a foreign limited partnership authorized to transact
business in this state shall deliver to the secretary of state for filing an
annual report ((that states:
(a) The name of the
limited partnership or foreign limited partnership;
(b) The street and
mailing address of its designated office and the name and street and mailing
address of its agent for service of process in this state;
(c) In the case of
a limited partnership, the street and mailing address of its principal office;
and
(d) In the case of
a foreign limited partnership, the state or other jurisdiction under whose law
the foreign limited partnership is formed and any alternate name adopted under
RCW 25.10.661(1).
(2) Information in
an annual report must be current as of the date the annual report is delivered
to the secretary of state for filing.
(3) Annual reports
must be delivered to the secretary of state on a date determined by the
secretary of state, and at such additional times as the partnership elects.
(4) If an annual
report does not contain the information required in subsection (1) of this
section, the secretary of state shall promptly notify the reporting limited
partnership or foreign limited partnership and return the report to it for
correction. If the report is corrected to contain the information required in
subsection (1) of this section and delivered to the secretary of state within
thirty days after the effective date of the notice, it is timely delivered.
(5) If a filed
annual report contains an address of a designated office or the name or address
of an agent for service of process that differs from the information shown in
the records of the secretary of state immediately before the filing, the
differing information in the annual report is considered a statement of change
under RCW 25.10.131))
in accordance with section 1212 of this act.
Sec. 6117. RCW 25.10.571 and 2009 c 188 s 801 are each amended to read as follows:
Except as otherwise provided in RCW 25.10.576, a limited partnership is dissolved, and its activities must be wound up, only upon the occurrence of any of the following:
(1) The happening of an event specified in the partnership agreement;
(2) The consent of all general partners and of limited partners owning a majority of the rights to receive distributions as limited partners at the time the consent is to be effective;
(3) The passage of ninety days after the dissociation of a person as a general partner if following such dissociation the limited partnership does not have a remaining general partner unless before the end of the period:
(a) Consent to continue the activities of the limited partnership and admit at least one general partner is given by limited partners owning a majority of the rights to receive distributions as limited partners at the time the consent is to be effective; and
(b) At least one person is admitted as a general partner in accordance with the consent;
(4) The passage of ninety days after the dissociation of the limited partnership's last limited partner, unless before the end of the period the limited partnership admits at least one limited partner; or
(5) The signing and
filing of a ((declaration)) statement of administrative
dissolution by the secretary of state under ((RCW 25.10.611(3))) section
1603 of this act.
Sec. 6118. RCW 25.10.611 and 2009 c 188 s 809 are each amended to read as follows:
(((1))) The
secretary of state may dissolve a limited partnership administratively ((if
the limited partnership does not:
(a) Within sixty
days after the due date:
(i) Pay any fee,
tax, or penalty due to the secretary of state under this chapter or other law;
or
(ii) Deliver its
annual report to the secretary of state;
(b) Maintain a
registered agent and registered office as required under RCW 25.10.121; or
(c) Notify the
secretary of state that its registered agent or registered office has been
changed, that its registered agent has resigned, or that its registered office
has been discontinued.
(2) If the
secretary of state determines that grounds exist for administratively
dissolving a limited partnership, the secretary of state shall send notice of
the grounds for dissolution to the limited partnership by first-class mail,
postage prepaid.
(3) If within sixty
days after service of the copy the limited partnership does not correct each
ground for dissolution or demonstrate to the reasonable satisfaction of the
secretary of state that each ground determined by the secretary of state does
not exist, the secretary of state shall administratively dissolve the limited
partnership. The secretary of state shall send the limited partnership a
declaration of administrative dissolution stating the grounds for the
dissolution.
(4) A limited
partnership administratively dissolved continues its existence but may carry on
only activities necessary to wind up its activities and liquidate its assets
under RCW 25.10.581 and 25.10.621 and to notify claimants under RCW 25.10.596
and 25.10.601.
(5) The
administrative dissolution of a limited partnership does not terminate the
authority of its agent for service of process)) under the circumstances and
procedures specified in part I, Article 6 of this act.
Sec. 6119. RCW 25.10.616 and 2009 c 188 s 810 are each amended to read as follows:
(((1))) A
limited partnership that has been administratively dissolved may apply to the
secretary of state for reinstatement ((within five years after the effective
date of dissolution. The application must be delivered to the secretary of
state for filing and state:
(a) The name of the
limited partnership and the effective date of its administrative dissolution;
(b) That the
grounds for dissolution either did not exist or have been eliminated; and
(c) That the
limited partnership's name satisfies the requirements of RCW 25.10.061.
(2) If the
secretary of state determines that an application contains the information
required by subsection (1) of this section and that the information is correct,
the secretary of state shall prepare a declaration of reinstatement that states
this determination, sign and file the original of the declaration of
reinstatement, and send a copy of the filed declaration to the limited
partnership.
(3) When
reinstatement becomes effective, it relates back to and takes effect as of the
effective date of the administrative dissolution and the limited partnership
may resume its activities as if the administrative dissolution had never
occurred))
in accordance with section 1604 of this act.
Sec. 6120. RCW 25.10.641 and 2009 c 188 s 901 are each amended to read as follows:
(((1) The laws
of the state or other jurisdiction under which a foreign limited partnership is
organized govern relations among the partners of the foreign limited
partnership and between the partners and the foreign limited partnership and
the liability of partners as partners for an obligation of the foreign limited
partnership.
(2) A foreign
limited partnership may not be denied a certificate of authority by reason of
any difference between the laws of the jurisdiction under which the foreign
limited partnership is organized and the laws of this state.
(3) A certificate
of authority does not authorize a foreign limited partnership to engage in any
business or exercise any power that a limited partnership may not engage in or
exercise in this state))
A foreign limited partnership that registers to transact business in this
state is subject to section 1501 of this act relating to the effect of
registration and the governing law for registered foreign limited partnerships.
Sec. 6121. RCW 25.10.646 and 2009 c 188 s 902 are each amended to read as follows:
(((1)))
Before transacting business in this state, a foreign limited partnership shall
((apply for a certificate of authority to transact business in this state by
delivering an application to)) register with the secretary of state
((for filing. The application must state:
(a) The name of the
foreign limited partnership and, if the name does not comply with RCW
25.10.061, an alternate name adopted pursuant to RCW 25.10.661(1);
(b) The name of the
state or other jurisdiction under whose law the foreign limited partnership is
organized;
(c) The street and
mailing address of the foreign limited partnership's principal office and, if
the laws of the jurisdiction under which the foreign limited partnership is
organized require the foreign limited partnership to maintain an office in that
jurisdiction, the street and mailing address of the required office;
(d) The name and
street and mailing address of the foreign limited partnership's initial agent
for service of process in this state;
(e) The name and
street and mailing address of each of the foreign limited partnership's general
partners; and
(f) Whether the
foreign limited partnership is a foreign limited liability limited partnership.
(2) A foreign
limited partnership shall deliver with the completed application a certificate
of existence or a record of similar import signed by the secretary of state or
other official having custody of the foreign limited partnership's publicly
filed records in the state or other jurisdiction under whose law the foreign
limited partnership is organized)) in accordance with part I, Article 5
of this act.
Sec. 6122. RCW 25.10.651 and 2009 c 188 s 903 are each amended to read as follows:
(((1))) A
nonexhaustive list of activities of a foreign limited partnership that do
not constitute transacting business in this state ((within the meaning of
this article include:
(a) Maintaining,
defending, and settling an action or proceeding;
(b) Holding
meetings of its partners or carrying on any other activity concerning its
internal affairs;
(c) Maintaining
accounts in financial institutions;
(d) Maintaining
offices or agencies for the transfer, exchange, and registration of the foreign
limited partnership's own securities or maintaining trustees or depositories
with respect to those securities;
(e) Selling through
independent contractors;
(f) Soliciting or
obtaining orders, whether by mail or electronic means or through employees or
agents or otherwise, if the orders require acceptance outside this state before
they become contracts and the contracts do not involve any local performance
other than delivery and installation;
(g) Making loans or
creating or acquiring indebtedness, mortgages, or security interests in real or
personal property;
(h) Securing or
collecting debts or enforcing mortgages or other security interests in property
securing the debts, and holding, protecting, and maintaining property so
acquired;
(i) Owning, without
more, real or personal property;
(j) Conducting an
isolated transaction that is completed within thirty days and is not one in the
course of similar transactions of a like manner;
(k) Owning a
controlling interest in a domestic or foreign corporation, or participating as
a limited partner of a domestic or foreign limited partnership, or
participating as a member or a manager of a domestic or foreign limited
liability company, that transacts business in this state; and
(l) Transacting
business in interstate commerce.
(2) The list of
activities in subsection (1) of this section is not exhaustive.
(3) This section
does not apply in determining the contacts or activities that may subject a
foreign limited partnership to service of process, taxation, or regulation
under any other law of this state)) is provided in section 1505 of this
act.
Sec. 6123. RCW 25.10.661 and 2009 c 188 s 905 are each amended to read as follows:
(((1) A foreign
limited partnership whose name does not comply with RCW 25.10.061 may not
obtain a certificate of authority until it adopts, for the purpose of
transacting business in this state, an alternate name that complies with RCW
25.10.061. A foreign limited partnership that adopts an alternate name under
this subsection and then obtains a certificate of authority with the name need
not comply with RCW 19.80.010. After obtaining a certificate of authority with
an alternate name, a foreign limited partnership shall transact business in
this state under the name unless the foreign limited partnership is authorized
under RCW 19.80.010 to transact business in this state under another name.
(2) If a foreign
limited partnership authorized to transact business in this state changes its
name to one that does not comply with RCW 25.10.061, it may not thereafter
transact business in this state until it complies with subsection (1) of this
section and obtains an amended certificate of authority)) The name of a
foreign limited partnership registered in this state must comply with the
provisions of section 1506 of this act and part I, Article 3 of this act.
Sec. 6124. RCW 25.10.666 and 2009 c 188 s 906 are each amended to read as follows:
(((1) A
certificate of authority of a foreign limited partnership to transact business
in this state may be revoked by)) The secretary of state may
terminate the registration of a registered foreign limited partnership in
((the manner provided in subsections (2) and (3) of this section if the
foreign limited partnership does not:
(a) Pay, within
sixty days after the due date, any fee, tax, or penalty due to the secretary of
state under this chapter or other law;
(b) Deliver, within
sixty days after the due date, its annual report required under RCW 25.10.291;
(c) Appoint and
maintain an agent for service of process as required by RCW 25.10.121; or
(d) Deliver for
filing a statement of a change under RCW 25.10.131 within thirty days after a
change has occurred in the name or address of the agent.
(2) In order to
revoke a certificate of authority, the secretary of state must prepare, sign,
and file a notice of revocation and send a copy to the foreign limited
partnership's agent for service of process in this state, or if the foreign
limited partnership does not appoint and maintain a proper agent in this state,
to the foreign limited partnership's designated office. The notice must state:
(a) The
revocation's effective date, which must be at least sixty days after the date
the secretary of state sends the copy; and
(b) The foreign
limited partnership's failures to comply with subsection (1) of this section
that are the reason for the revocation.
(3) The authority
of the foreign limited partnership to transact business in this state ceases on
the effective date of the notice of revocation unless before that date the
foreign limited partnership cures each failure to comply with subsection (1) of
this section stated in the notice. If the foreign limited partnership cures the
failures, the secretary of state shall so indicate on the filed notice)) accordance
with section 1511 of this act.
Sec. 6125. RCW 25.10.671 and 2009 c 188 s 907 are each amended to read as follows:
(((1))) In
order to ((cancel its certificate of authority to transact business in this
state)) withdraw its registration, a foreign limited partnership
must deliver to the secretary of state for filing a ((notice of
cancellation. The certificate is canceled when the notice becomes effective
under RCW 25.10.251.
(2) A foreign
limited partnership transacting business in this state may not maintain an
action or proceeding in this state unless it has a certificate of authority to
transact business in this state.
(3) The failure of
a foreign limited partnership to have a certificate of authority to transact
business in this state does not impair the validity of a contract or act of the
foreign limited partnership or prevent the foreign limited partnership from
defending an action or proceeding in this state.
(4) A partner of a
foreign limited partnership is not liable for the obligations of the foreign
limited partnership solely by reason of the foreign limited partnership's
having transacted business in this state without a certificate of authority.
(5) If a foreign
limited partnership transacts business in this state without a certificate of
authority or cancels its certificate of authority, it appoints the secretary of
state as its agent for service of process for rights of action arising out of
the transaction of business in this state)) statement of withdrawal in
accordance with section 1507 of this act.
Sec. 6126. RCW 25.10.766 and 2009 c 188 s 1104 are each amended to read as follows:
(1) After a plan of conversion is approved:
(a) A converting limited partnership shall deliver to the secretary of state for filing articles of conversion, which must include:
(i) A statement that the limited partnership has been converted into another organization;
(ii) The name and form of the organization and the jurisdiction of its governing statute;
(iii) The date the conversion is effective under the governing statute of the converted organization;
(iv) A statement that the conversion was approved as required by this chapter;
(v) A statement that the conversion was approved as required by the governing statute of the converted organization; and
(vi) If the
converted organization is a foreign organization not ((authorized)) registered
to transact business in this state, the street and mailing address of ((an
office that the secretary of state may use for the purposes of RCW 25.10.771(3)))
the organization's principal office that may be used for service of process
under section 1411 of this act; and
(b) If the converting organization is not a converting limited partnership, the converting organization shall deliver to the secretary of state for filing a certificate of limited partnership, which must include, in addition to the information required by RCW 25.10.201:
(i) A statement that the limited partnership was converted from another organization;
(ii) The name and form of the organization and the jurisdiction of its governing statute; and
(iii) A statement that the conversion was approved in a manner that complied with the organization's governing statute.
(2) A conversion becomes effective:
(a) If the converted organization is a limited partnership, when the certificate of limited partnership takes effect; and
(b) If the converted organization is not a limited partnership, as provided by the governing statute of the converted organization.
Sec. 6127. RCW 25.10.771 and 2009 c 188 s 1105 are each amended to read as follows:
(1) An organization that has been converted pursuant to this article is for all purposes the same entity that existed before the conversion.
(2) When a conversion takes effect:
(a) All property owned by the converting organization remains vested in the converted organization;
(b) All debts, liabilities, and other obligations of the converting organization continue as obligations of the converted organization;
(c) An action or proceeding pending by or against the converting organization may be continued as if the conversion had not occurred;
(d) Except as prohibited by other law, all of the rights, privileges, immunities, powers, and purposes of the converting organization remain vested in the converted organization;
(e) Except as otherwise provided in the plan of conversion, the terms and conditions of the plan of conversion take effect; and
(f) Except as otherwise agreed, the conversion does not dissolve a converting limited partnership for the purposes of article 8 of this chapter.
(3) A converted
organization that is a foreign organization consents to the jurisdiction of the
courts of this state to enforce any obligation owed by the converting limited
partnership, if before the conversion the converting limited partnership was
subject to suit in this state on the obligation. A converted organization that
is a foreign organization and not ((authorized)) registered to
transact business in this state ((appoints the secretary of state as its
agent for service of)) may be served with process pursuant to
section 1411 of this act for purposes of enforcing an obligation under this
subsection. ((Service on the secretary of state under this subsection is
made in the same manner and with the same consequences as in RCW 25.10.151 (3)
and (4).))
Sec. 6128. RCW 25.10.786 and 2009 c 188 s 1108 are each amended to read as follows:
(1) After each constituent organization has approved a merger, articles of merger must be signed on behalf of:
(a) Each constituent limited partnership, by each general partner listed in the certificate of limited partnership; and
(b) Each other constituent organization, by an authorized representative.
(2) The articles of merger must include:
(a) The name and form of each constituent organization and the jurisdiction of its governing statute;
(b) The name and form of the surviving organization and the jurisdiction of its governing statute;
(c) The date the merger is effective under the governing statute of the surviving organization;
(d) Any amendments provided for in the plan of merger for the organizational document that created the surviving organization;
(e) A statement as to each constituent organization that the merger was approved as required by the organization's governing statute;
(f) If the
surviving organization is a foreign organization not ((authorized)) registered
to transact business in this state, the street and mailing address of ((an
office that the secretary of state may use for the purposes of RCW 25.10.791(2)))
the organization's principal office that may be used for service of process
under section 1411 of this act; and
(g) Any additional information required by the governing statute of any constituent organization.
(3) Each constituent limited partnership shall deliver the articles of merger for filing in the office of the secretary of state.
(4) A merger becomes effective under this article:
(a) If the surviving organization is a limited partnership, upon the later of:
(i) Compliance with subsection (3) of this section; or
(ii) Subject to RCW
25.10.251(((3))) (2), as specified in the articles of merger; or
(b) If the surviving organization is not a limited partnership, as provided by the governing statute of the surviving organization.
Sec. 6129. RCW 25.10.791 and 2009 c 188 s 1109 are each amended to read as follows:
(1) When a merger becomes effective:
(a) The surviving organization continues;
(b) Each constituent organization that merges into the surviving organization ceases to exist as a separate entity;
(c) All property owned by each constituent organization that ceases to exist vests in the surviving organization;
(d) All debts, liabilities, and other obligations of each constituent organization that ceases to exist continue as obligations of the surviving organization;
(e) An action or proceeding pending by or against any constituent organization that ceases to exist may be continued as if the merger had not occurred;
(f) Except as prohibited by other law, all of the rights, privileges, immunities, powers, and purposes of each constituent organization that ceases to exist vest in the surviving organization;
(g) Except as otherwise provided in the plan of merger, the terms and conditions of the plan of merger take effect;
(h) Except as otherwise agreed, if a constituent limited partnership ceases to exist, the merger does not dissolve the limited partnership for the purposes of article 8 of this chapter; and
(i) Any amendments provided for in the articles of merger for the organizational document that created the surviving organization become effective.
(2) A surviving
organization that is a foreign organization consents to the jurisdiction of the
courts of this state to enforce any obligation owed by a constituent
organization, if before the merger the constituent organization was subject to
suit in this state on the obligation. A surviving organization that is a
foreign organization and not ((authorized)) registered to
transact business in this state ((appoints the secretary of state as its
agent for service of)) may be served with process pursuant to
section 1411 of this act for the purposes of enforcing an obligation under
this subsection. ((Service on the secretary of state under this subsection
is made in the same manner and with the same consequences as in RCW 25.10.151
(3) and (4).))
Sec. 6130. RCW 25.10.916 and 2009 c 188 s 1307 are each amended to read as follows:
(((1))) Limited
partnerships are subject to the applicable fees, charges, and penalties adopted
by the secretary of state ((shall adopt rules establishing fees that
shall be charged and collected for:
(a) Filing of a
certificate of limited partnership or an application for a certificate of
authority of a foreign limited partnership;
(b) Filing of an
amendment or restatement of a certificate of domestic or foreign limited
partnership;
(c) Filing an
application to reserve, register, or transfer a limited partnership name;
(d) Filing any
other certificate, statement, or report authorized or permitted to be filed;
and
(e) Copies,
certified copies, certificates, service of process filings, and expedited
filings or other special services.
(2) In the
establishment of a fee schedule, the secretary of state shall, insofar as is
possible and reasonable, be guided by the fee schedule provided for corporations
governed by Title 23B RCW.
(a) Fees for
copies, certified copies, certificates of record, and service of process
filings are the same as in RCW 23B.01.220.
(b) Fees for
reinstatement of a foreign or domestic limited partnership are the same as in RCW
23B.01.560.
(c) All fees
collected by the secretary of state shall be deposited with the state treasurer
pursuant to law))
under section 1213 of this act and RCW 43.07.120.
NEW SECTION. Sec. 6131. The following acts or parts of acts are each repealed:
(1) RCW 25.10.040 (Registered office and agent) and 2009 c 202 s 4, 1987 c 55 s 3, & 1981 c 51 s 4;
(2) RCW 25.10.171 (Standards for electronic filing rules) and 2009 c 188 s 119;
(3) RCW 25.10.656 (Filing of certificate of authority) and 2009 c 188 s 904; and
(4) RCW 25.10.676 (Action by attorney general) and 2009 c 188 s 908.
PART VII
LIMITED LIABILITY COMPANIES ACT REVISIONS
Sec. 7101. RCW 25.15.--- and 2015 c ..... (Substitute Senate Bill No. 5030) s 3 are each amended to read as follows:
(((1))) The
name of each limited liability company as set forth in its certificate of
formation((:
(a) Must contain
the words "Limited Liability Company," the words "Limited
Liability" and abbreviation "Co.," or the abbreviation
"L.L.C." or "LLC";
(b) Must not
contain language stating or implying that the limited liability company is
formed for a purpose other than those permitted by RCW 25.15.--- (section 8,
chapter ..... (Substitute Senate Bill No. 5030), Laws of 2015);
(c) Must not
contain any of the words or phrases: "Cooperative,"
"partnership," "corporation," "incorporated," or
the abbreviations "corp.," "ltd.," or "inc.," or
"LP," "L.P.," "LLP," "L.L.P.,"
"LLLP," "L.L.L.P.," or any words or phrases prohibited by
any statute of this state; and
(d) Unless
authorized by subsection (2) of this section, must be distinguishable in the
records of the secretary of state from (i) the name of each person incorporated,
formed, or authorized to transact business in this state through a filing or
registration with the secretary of state; and (ii) each name reserved under RCW
25.15.--- (section 4, chapter ..... (Substitute Senate Bill No. 5030), Laws of
2015) or under other statutes of this state providing for the reservation of
names with the secretary of state.
(2) A limited
liability company may apply to the secretary of state for authorization to use
any name which is not distinguishable upon the records of the secretary of
state from one or more of the names described in subsection (1)(d) of this
section. The secretary of state shall authorize use of the name applied for if
the other person consents in writing to the use and files with the secretary of
state records necessary to change its name or the name reserved to a name that
is distinguishable upon the records of the secretary of state from the name of
the applying limited liability company.
(3) A name shall
not be considered distinguishable upon the records of the secretary of state by
virtue of:
(a) A variation in
any of the following designations for the same name: "Corporation,"
"incorporated," "company," "professional
corporation," "professional service," "limited,"
"partnership," "limited partnership," "limited
liability limited partnership," "limited liability company,"
"professional limited liability company," or "limited liability
partnership," or their permitted abbreviations;
(b) The addition or
deletion of an article or conjunction such as "the" or
"and" from the same name;
(c) Punctuation,
capitalization, or special characters or symbols in the same name; or
(d) Use of
abbreviation or the plural form of a word in the same name.
(4) This chapter
does not control the use of assumed business names or "trade names."
(5) Violation of
subsection (1)(c) of this section by a limited liability company whose
certificate of formation or amendment thereto has been accepted for filing by
the secretary of state shall not, in itself, invalidate the formation or
existence of a limited liability company or render this chapter inapplicable to
a limited liability company)) must comply with part I, Article 3 of this act.
Sec. 7102. RCW 25.15.--- and 2015 c ..... (Substitute Senate Bill No. 5030) s 4 are each amended to read as follows:
(1) Reserved Name—Domestic Limited Liability Company.
(((a))) A
person may reserve the exclusive use of a limited liability company name by
delivering an application to the secretary of state for filing in accordance
with section 1303 of this act. ((The application must set forth the name
and address of the applicant and the name proposed to be reserved. If the
secretary of state finds that the limited liability company name applied for is
available, the secretary of state shall reserve the name for the applicant's
exclusive use for a nonrenewable one hundred eighty-day period.
(b) The owner of a
reserved limited liability company name may transfer the reservation to another
person by delivering to the secretary of state an executed notice of the
transfer that states the name and address of the transferee.))
(2) Reserved Name—Foreign Limited Liability Company.
(((a))) A
foreign limited liability company may reserve its name ((if the name is
distinguishable upon the records of the secretary of state from the names
specified in RCW 25.15.--- (section 3, chapter ..... (Substitute Senate Bill
No. 5030), Laws of 2015).
(b) A foreign
limited liability company reserves its name)) by delivering to the secretary of
state for filing an application ((that:
(i) Sets forth its
name and the state or country and date of its formation; and
(ii) Is accompanied
by a certificate of existence, or a record of similar import, from the state or
country of formation.
(c) The name is
reserved for the applicant's exclusive use upon the effective date of the
application and until the close of the calendar year in which the application
for name reservation is filed.
(d) A foreign
limited liability company whose name reservation is effective may renew it for
successive years by delivering to the secretary of state for filing a renewal
application, which complies with the requirements of (b) of this subsection,
between October 1st and December 31st of the preceding year. The renewal
application when filed renews the name reservation for the following calendar
year.
(e) A foreign
limited liability company whose name reservation is effective may thereafter
register as a foreign limited liability company under the reserved name, or
consent in writing to the use of that name by a domestic limited liability
company, domestic corporation, domestic limited partnership, or domestic
limited liability partnership thereafter formed, or by another foreign limited
liability company, foreign corporation, foreign limited partnership, or foreign
limited liability partnership thereafter authorized to transact business in
this state. The name reservation terminates when the domestic limited liability
company is formed, the domestic corporation is incorporated, the domestic
limited liability partnership is formed, or the domestic limited partnership is
formed, or the foreign limited liability company registers or consents to the
registration of another foreign limited liability company, corporation, limited
partnership, or limited liability partnership under the reserved name)) in accordance
with section 1304 of this act.
Sec. 7103. RCW 25.15.--- and 2015 c ..... (Substitute Senate Bill No. 5030) s 6 are each amended to read as follows:
(1) Each limited
liability company shall continuously maintain in this state((:
(a) A registered
office, which may but need not be a place of its business in this state. The
registered office shall be at a specific geographic location in this state, and
be identified by number, if any, and street, or building address or rural
route, or, if a commonly known street or rural route address does not exist, by
legal description. A registered office may not be identified by post office box
number or other nongeographic address. For purposes of communicating by mail,
the secretary of state may permit the use of a post office address in
conjunction with the registered office address if the limited liability company
also maintains on file the specific geographic address of the registered office
where personal service of process may be made;
(b) A registered
agent that may be:
(i) An individual
residing in this state whose business office is identical with the limited
liability company's registered office;
(ii) The limited
liability company itself, whose business office is identical with such
registered office;
(iii) A domestic
corporation, partnership, limited partnership, or limited liability company
whose business office is identical with such registered office; or
(iv) A government,
governmental subdivision, agency, or instrumentality, or a foreign corporation,
partnership, limited partnership, or limited liability company authorized to do
business in this state having a business office identical with such registered
office; and
(c) A registered
agent who shall not be appointed without having given prior consent in a record
to the appointment. The consent shall be filed with the secretary of state in
such form and at such time as the secretary may prescribe)) a registered
agent in accordance with part I, Article 4 of this act.
(2) A limited
liability company may change its ((registered office or)) registered
agent by delivering to the secretary of state for filing a statement of change
((that sets forth:
(a) The name of the
limited liability company;
(b) If the current
registered office is to be changed, the street address of the new registered
office in accordance with subsection (1) of this section;
(c) If the current
registered agent is to be changed, the name of the new registered agent and the
new agent's consent in a record, which shall be filed with the secretary of
state in such form and at such time as the secretary of state may prescribe;
and
(d) That after the
change or changes are made, the street addresses of its registered office and
the business office of its registered agent will be identical)) in accordance
with section 1407 of this act.
(3) ((If)) A
registered agent ((changes the street address of the agent's business
office, the registered agent may change the street address of the registered
office of any limited liability company for which the agent is the registered
agent by notifying the limited liability company of the change either (a) in a
written record, or (b) if the limited liability company has designated an
address, location, or system to which the notices may be electronically
transmitted and the registered agent electronically transmits the notice to the
limited liability company at the designated address, location, or system in an
electronically transmitted record and delivering to the secretary of state for
filing a statement that complies with the requirements of subsection (2) of this
section and recites that the limited liability company has been notified of the
change)) may change its information on file with the secretary of state
in accordance with section 1408 or 1409 of this act.
(4) A registered
agent may resign as agent by executing and delivering to the secretary of state
for filing a statement of resignation((. The statement may include a
statement that the registered office is also discontinued. After filing the
statement the secretary of state shall mail a copy of the statement to the
limited liability company at its principal office. The agency appointment is
terminated, and the registered office discontinued if so provided, on the
thirty-first day after the date on which the statement was filed)) in
accordance with section 1410 of this act.
Sec. 7104. RCW 25.15.--- and 2015 c ..... (Substitute Senate Bill No. 5030) s 7 are each amended to read as follows:
(((1) A limited
liability company's registered agent is its agent for)) Service of
process, notice, or demand required or permitted by law to be served on the
limited liability company may be made in accordance with section 1411 of
this act.
(((2) The
secretary of state shall be an agent of a limited liability company upon whom
any such process, notice, or demand may be served if:
(a) The limited
liability company fails to appoint or maintain a registered agent in this
state; or
(b) The registered
agent cannot with reasonable diligence be found at the registered office.
(3) Service on the
secretary of state of any such process, notice, or demand shall be made by
delivering to and leaving with the secretary of state, or with any duly
authorized clerk of the secretary of state's office, the process, notice, or
demand. In the event any such process, notice, or demand is served on the
secretary of state, the secretary of state shall immediately cause a copy
thereof to be forwarded by certified mail, addressed to the limited liability
company at its principal office as it appears on the records of the secretary
of state. Any service so had on the secretary of state shall be returnable in
not less than thirty days.
(4) The secretary
of state shall keep a record of all processes, notices, and demands served upon
the secretary of state under this section, and shall record therein the time of
such service and the secretary of state's action with reference thereto.
(5) This section
does not limit or affect the right to serve any process, notice, or demand
required or permitted by law to be served upon a limited liability company in
any other manner now or hereafter permitted by law.))
Sec. 7105. RCW 25.15.--- and 2015 c ..... (Substitute Senate Bill No. 5030) s 13 are each amended to read as follows:
(1) A person or group of persons duly licensed or otherwise legally authorized to render the same professional services within this state may form and become a member or members of a professional limited liability company under the provisions of this chapter for the purposes of rendering professional service.
(2) A professional limited liability company is subject to all the provisions of chapter 18.100 RCW that apply to a professional corporation. A professional limited liability company's managers, members, agents, and employees are subject to all the provisions of chapter 18.100 RCW that apply to the directors, officers, shareholders, agents, or employees of a professional corporation, except as provided otherwise in this section and RCW 25.15.--- (section 14, chapter ..... (Substitute Senate Bill No. 5030), Laws of 2015).
(3) If the limited liability company's members are required to be licensed to practice such profession, and the limited liability company fails to maintain for itself and for its members practicing in this state a policy of professional liability insurance, bond, or other evidence of financial responsibility of a kind designated by rule by the state insurance commissioner and in the amount of at least one million dollars or a greater amount as the state insurance commissioner may establish by rule for a licensed profession or for any specialty within a profession, taking into account the nature and size of the business, then the limited liability company's members are personally liable to the extent that, had the insurance, bond, or other evidence of responsibility been maintained, it would have covered the liability in question.
(4) For purposes of applying chapter 18.100 RCW to a professional limited liability company, the terms "director" or "officer" means manager, "shareholder" means member, "corporation" means professional limited liability company, "articles of incorporation" means certificate of formation, "shares" or "capital stock" means a limited liability company interest, "incorporator" means the person who executes the certificate of formation, and "bylaws" means the limited liability company agreement.
(5) The name of a
professional limited liability company must ((contain either the words
"Professional Limited Liability Company," or the words
"Professional Limited Liability" and the abbreviation
"Co.," or the abbreviation "P.L.L.C." or "PLLC"
provided that the name of a professional limited liability company formed to
render dental services must contain the full names or surnames of all members
and no other word than "chartered" or the words "professional
services" or the abbreviation "P.L.L.C." or "PLLC."))
comply with section 1302 of this act.
(6) Subject to Article VII of this chapter, the following may be a member of a professional limited liability company and may be the transferee of the interest of an ineligible person or deceased member of the professional limited liability company:
(a) A professional corporation, if its shareholders, directors, and its officers, other than the secretary and the treasurer, are licensed or otherwise legally authorized to render the same specific professional services as the professional limited liability company; and
(b) Another professional limited liability company, if the managers and members of both professional limited liability companies are licensed or otherwise legally authorized to render the same specific professional services.
(7) Formation of a limited liability company under this section does not restrict the application of the uniform disciplinary act under chapter 18.130 RCW, or any applicable health care professional statutes under Title 18 RCW, including but not limited to restrictions on persons practicing a health profession without being appropriately credentialed and persons practicing beyond the scope of their credential.
Sec. 7106. RCW 25.15.--- and 2015 c ..... (Substitute Senate Bill No. 5030) s 18 are each amended to read as follows:
(1) In order to
form a limited liability company, one or more persons must execute a
certificate of formation. The certificate of formation must be ((filed in))
delivered to the office of the secretary of state for filing in
accordance with part I, Article 2 of this act and set forth:
(a) The name of the limited liability company;
(b) The ((address
of the registered office and the)) name and address of the
registered agent for service of process required to be maintained by RCW
25.15.--- (section 6, chapter ..... (Substitute Senate Bill No. 5030), Laws of
2015 and part I, Article 4 of this act;
(c) The address of the principal office of the limited liability company;
(d) If the limited liability company is to have a specific date of dissolution, the latest date on which the limited liability company is to dissolve;
(e) Any other matters the members decide to include; and
(f) The name and address of each person executing the certificate of formation.
(2)(a) Unless a
delayed effective date is specified in accordance with section 1203 of this
act, a limited liability company is formed when its certificate of
formation is filed by the secretary of state. ((A delayed effective date for
a certificate of formation may be no later than the ninetieth day after the
date it is filed.))
(b) The secretary of state's filing of the certificate of formation is conclusive proof that the persons executing the certificate satisfied all conditions precedent to the formation.
(3) A limited liability company formed under this chapter is a separate legal entity and has a perpetual existence.
(4) Any person may
apply to the secretary of state under section 1208 of this act to
furnish a certificate of existence for a domestic limited liability company or
a certificate of ((authorization)) registration for a foreign
limited liability company.
(((5) A
certificate of existence or authorization means that as of the date of its
issuance:
(a) The domestic
limited liability company is duly formed under the laws of this state or that
the foreign limited liability company is authorized to transact business in
this state;
(b) All fees and
penalties owed to this state under this title have been paid, if (i) payment is
reflected in the records of the secretary of state, and (ii) nonpayment affects
the existence or authorization of the domestic or foreign limited liability
company;
(c) The limited
liability company's initial report or its most recent annual report required by
RCW 25.15.--- (section 24, chapter ..... (Substitute Senate Bill No. 5030),
Laws of 2015) has been delivered to the secretary of state;
(d) In the case of
a domestic limited liability company, a certificate of dissolution has not been
filed with the secretary of state, or a filed certificate of dissolution has
been revoked in accordance with RCW 25.15.--- (section 57, chapter .....
(Substitute Senate Bill No. 5030), Laws of 2015);
(e) In the case of
a foreign limited liability company, a certificate of cancellation has not been
filed with the secretary of state; and
(f) The limited
liability company has not been administratively dissolved under RCW 25.15.---
(section 55, chapter ..... (Substitute Senate Bill No. 5030), Laws of 2015) or,
if administratively dissolved, has been reinstated under RCW 25.15.--- (section
56, chapter ..... (Substitute Senate Bill No. 5030), Laws of 2015).
(6) A person may
apply to the secretary of state to issue a certificate covering any fact of
record.
(7) Subject to any
qualification stated in the certificate, a certificate of existence or
authorization issued by the secretary of state may be relied upon as conclusive
evidence that the domestic or foreign limited liability company is in existence
or is authorized to transact business in the limited liability company form in
this state.))
Sec. 7107. RCW 25.15.--- and 2015 c ..... (Substitute Senate Bill No. 5030) s 19 are each amended to read as follows:
(1) A certificate
of formation is amended by ((filing)) delivering a certificate of
amendment ((thereto with)) to the secretary of state for
filing. The certificate of amendment shall set forth:
(a) The name of the limited liability company; and
(b) The amendment to the certificate of formation.
(2) A manager or, if there is no manager, then any member who becomes aware that any statement in a certificate of formation was false when made, or that any matter described has changed making the certificate of formation false in any material respect, must promptly amend the certificate of formation.
(3) A certificate of formation may be amended at any time for any other proper purpose.
(4) Unless ((otherwise
provided in this chapter or unless a later)) a delayed effective
date((, which is a date not later than the ninetieth day after the date it
is filed,)) is provided for in the certificate of amendment in
accordance with section 1203 of this act, a certificate of amendment is
effective when filed by the secretary of state as provided in section 1203
of this act.
Sec. 7108. RCW 25.15.--- and 2015 c ..... (Substitute Senate Bill No. 5030) s 20 are each amended to read as follows:
(1) A limited
liability company may, whenever desired, integrate into a single instrument all
of the provisions of its certificate of formation which are then in effect and
operative as a result of there having been filed with the secretary of state
one or more certificates or other instruments pursuant to any of the sections
referred to in this chapter and it may at the same time also further amend its
certificate of formation by ((filing)) delivering a restated
certificate of formation to the secretary of state for filing in accordance
with part I, Article 2 of this act.
(2) A restated
certificate of formation must state, either in its heading or in an
introductory paragraph, the limited liability company's name and, if it is not
to be effective upon filing, the future effective date or time, which ((is a
date not later than the ninetieth day after the date it is filed)) must
comply with section 1203 of this act. If a restated certificate only
restates and integrates and does not further amend a limited liability
company's certificate of formation as amended or supplemented, it must state
that fact as well.
(3) Upon the filing
of a restated certificate of formation ((with)) by the secretary
of state, or upon the future effective date or time of a restated certificate
of formation as provided for, the initial certificate of formation, as amended
or supplemented, is superseded; and the restated certificate of formation,
including any further amendment or changes made thereby, is thereafter the certificate
of formation of the limited liability company, but the original effective date
of formation remains unchanged.
(4) Any amendment or change effected in connection with the restatement of the certificate of formation is subject to any other provision of this chapter, not inconsistent with this section, which would apply if a separate certificate of amendment were filed to effect such amendment or change.
Sec. 7109. RCW 25.15.--- and 2015 c ..... (Substitute Senate Bill No. 5030) s 21 are each amended to read as follows:
(((1))) Each
record required or permitted by this chapter to be filed in the office
of the secretary of state must comply with the requirements of part I,
Article 2 of this act and must be executed in the following manner((, or
in compliance with the rules established to facilitate electronic filing under
RCW 25.15.--- (section 2, chapter ..... (Substitute Senate Bill No. 5030), Laws
of 2015))):
(((a))) (1)
Each original certificate of formation must be executed by the person or
persons forming the limited liability company;
(((b))) (2)
A reservation of name may be executed by any person;
(((c))) (3)
A transfer of reservation of name must be executed by, or on behalf of, the
applicant for the reserved name;
(((d))) (4)
A registration of name must be executed by any member or manager of the foreign
limited liability company;
(((e))) (5)
A certificate of amendment or restatement must be executed by at least one
manager, or by a member if management of the limited liability company is
reserved to the members;
(((f))) (6)
A certificate of dissolution must be executed by the person or persons
authorized to wind up the limited liability company's affairs pursuant to RCW
25.15.---(3) (section 58, chapter ..... (Substitute Senate Bill No. 5030), Laws
of 2015);
(((g))) (7)
If a surviving domestic limited liability company is filing articles of merger,
the articles of merger must be executed by at least one manager, or by a member
if management of the limited liability company is reserved to the members, or
if the articles of merger are being filed by a surviving foreign limited
liability company, limited partnership, corporation, or other person, the
articles of merger must be executed by a person authorized by such foreign
limited liability company, limited partnership, corporation, or other person;
(((h))) (8)
A foreign limited liability company's application for registration as a foreign
limited liability company doing business within the state must be executed by
any member or manager of the foreign limited liability company; and
(((i))) (9)
If a converting limited liability company is filing articles of conversion, the
articles of conversion must be executed by at least one manager, or by a member
if management of the limited liability company is reserved to the members.
(((2) Any person
may execute a certificate, articles of merger, articles of conversion, limited
liability company agreement, or other record by an attorney-in-fact or other
person acting in a valid representative capacity, so long as each record
executed in such manner identifies the capacity in which the person is
executing the record.
(3) The person
executing the record must indicate, adjacent to or underneath the signature or,
if the record is electronically transmitted, identifying information of the
person executing the record, as applicable, the capacity in which the person
executes the record. The record must meet such legibility or other standards as
may be prescribed by the secretary of state.
(4) The execution
of a certificate, articles of merger, or articles of conversion by any person
constitutes an affirmation under the penalties of perjury that the facts stated
are true.))
Sec. 7110. RCW 25.15.--- and 2015 c ..... (Substitute Senate Bill No. 5030) s 22 are each amended to read as follows:
(1) If a person
required to execute a certificate required by this chapter fails or refuses to
do so, any other person who is adversely affected by the failure or refusal may
petition the superior courts to direct the execution of the certificate under
section 1210 of this act. ((If the court finds that the execution of the
certificate is proper and that any person so designated has failed or refused
to execute the certificate, it must order the secretary of state to record an
appropriate certificate.))
(2) If a person required to execute a limited liability company agreement or amendment thereof fails or refuses to do so, any other person who is adversely affected by the failure or refusal may petition the superior courts to direct the execution of the limited liability company agreement or amendment thereof. If the court finds that the limited liability company agreement or amendment thereof should be executed and that any person required to execute the limited liability company agreement or amendment thereof has failed or refused to do so, it shall enter an order granting appropriate relief.
Sec. 7111. RCW 25.15.--- and 2015 c ..... (Substitute Senate Bill No. 5030) s 23 are each amended to read as follows:
(((1) The
executed certificate of formation or any other record required to be filed
pursuant to this chapter must be delivered to the secretary of state. If the
secretary of state determines that the records conform to the filing provisions
of this chapter, he or she shall, when all required filing fees have been paid:
(a) Endorse on each
executed record the word "filed" and the date of its acceptance for
filing;
(b) Retain the
executed record in the secretary of state's files; and
(c) Return a copy
to the person who filed it or the person's representative.
(2) If the
secretary of state is unable to make the determination required for filing by
subsection (1) of this section at the time any records are delivered for
filing, the records are deemed to have been filed at the time of delivery if
the secretary of state subsequently determines that the records as delivered
conform to the filing provisions of this chapter.
(3) If the filing
and determination requirements of this chapter are not satisfied completely,
the records must not be filed.
(4) Upon the filing
of a certificate of amendment, judicial decree of amendment, or restated
certificate in the office of the secretary of state, or upon the future
effective date or time of a certificate of amendment, judicial decree thereof,
or restated certificate, as provided for therein, the certificate of formation
is amended or restated as set forth therein.)) Section 1206 of this act
governs the secretary of state's duty to file records delivered to the
secretary of state for filing, the manner and effect of filing, and procedures
that apply when the secretary of state refuses to file a record.
Sec. 7112. RCW 25.15.--- and 2015 c ..... (Substitute Senate Bill No. 5030) s 24 are each amended to read as follows:
(((1))) Each
domestic limited liability company ((must deliver to the secretary of state
for filing both initial and annual reports)), and each foreign limited
liability company authorized to transact business in this state, must
deliver to the secretary of state for filing initial and annual
reports((, that set forth:
(a) The name of the
limited liability company and the state, country, or other jurisdiction under
whose law it is formed;
(b) The street
address of its registered office and the name of its registered agent at that
office in this state;
(c) The address of
its principal office;
(d) The names and
addresses of the limited liability company's members, or if the management of
the limited liability company is vested in a manager or managers, then the name
and address of its manager or managers; and
(e) A brief
description of the nature of its business.
(2) Information in
an initial report or an annual report must be current as of the date the report
is executed on behalf of the limited liability company.
(3) A limited
liability company's initial report must be delivered to the secretary of state
within one hundred twenty days of the date on which a limited liability
company's certificate of formation was filed. Subsequent annual reports must be
delivered to the secretary of state on a date determined by the secretary of
state, and at such additional times as the limited liability company elects.
(4) The secretary
of state may allow a limited liability company to file an initial or annual
report through electronic means. If allowed, the secretary of state shall adopt
rules detailing the circumstances under which the electronic filing of such
reports is permitted and how such reports may be filed.
(5) Each domestic
limited liability company and foreign limited liability company authorized to
transact business in this state must pay its annual license fee and any
applicable penalty fees to the secretary of state at the time such limited
liability company is required to file its initial or annual report with the
secretary of state))
in accordance with section 1212 of this act.
Sec. 7113. RCW 25.15.--- and 2015 c ..... (Substitute Senate Bill No. 5030) s 51 are each amended to read as follows:
A limited liability company is dissolved and its affairs must be wound up upon the first to occur of the following:
(1) The dissolution date, if any, specified in the certificate of formation. If a dissolution date is specified in the certificate of formation, the certificate of formation may be amended and the date of dissolution of the limited liability company may be extended by vote of all the members;
(2) The happening of events specified in a limited liability company agreement;
(3) The written consent of all members;
(4) Ninety days following an event of dissociation of the last remaining member, unless those having the rights of transferees in the limited liability company under RCW 25.15.---(1) (section 28, chapter ..... (Substitute Senate Bill No. 5030), Laws of 2015) have, by the ninetieth day, voted to admit one or more members, voting as though they were members, and in the manner set forth in RCW 25.15.---(1) (section 26, chapter ..... (Substitute Senate Bill No. 5030), Laws of 2015);
(5) The entry of a decree of judicial dissolution under RCW 25.15.--- (section 53, chapter ..... (Substitute Senate Bill No. 5030), Laws of 2015); or
(6) The
administrative dissolution of the limited liability company by the secretary of
state under ((RCW 25.15.---(2) (section 55, chapter ..... (Substitute Senate
Bill No. 5030), Laws of 2015))) section 1603 of this act, unless the
limited liability company is reinstated by the secretary of state under ((RCW
25.15.--- (section 56, chapter ..... (Substitute Senate Bill No. 5030), Laws of
2015))) section 1604 of this act.
Sec. 7114. RCW 25.15.--- and 2015 c ..... (Substitute Senate Bill No. 5030) s 54 are each amended to read as follows:
The secretary of
state may commence a proceeding ((under RCW 25.15.--- (section 55, chapter
..... (Substitute Senate Bill No. 5030), Laws of 2015))) to
administratively dissolve a limited liability company ((if:
(1) The limited
liability company does not pay any license fees or penalties imposed by this
chapter when they become due;
(2) The limited
liability company does not deliver its completed initial report or annual
report to the secretary of state when it is due; or
(3) The limited
liability company is without a registered agent or registered office in this
state for sixty days or more)) under the circumstances and procedures provided
in part I, Article 6 of this act.
Sec. 7115. RCW 25.15.--- and 2015 c ..... (Substitute Senate Bill No. 5030) s 56 are each amended to read as follows:
(((1))) A
limited liability company that has been administratively dissolved under ((RCW
25.15.--- (section 55, chapter ..... (Substitute Senate Bill No. 5030), Laws of
2015))) section 1603 of this act may apply to the secretary of state
for reinstatement ((within five years after the effective date of
dissolution. The application must be delivered to the secretary of state for
filing and state:
(a) The name of the
limited liability company and the effective date of its administrative dissolution;
(b) That the ground
or grounds for dissolution either did not exist or have been eliminated; and
(c) That the
limited liability company's name satisfies the requirements of RCW 25.15.---
(section 3, chapter ..... (Substitute Senate Bill No. 5030), Laws of 2015).
(2) A limited
liability company seeking reinstatement must pay the full amount of all license
fees that would have been due for the years of the period of administrative
dissolution had the limited liability company not been dissolved, plus all
penalties established by law or by the secretary of state by rule, and the
license fee for the year of reinstatement.
(3) If the
secretary of state determines that an application contains the information
required by subsection (1) of this section and that the name is available, and
that all fees and penalties required by subsection (2) of this section have
been paid, the secretary of state shall reinstate the limited liability company
and give the limited liability company written notice, as provided in RCW
25.15.---(1) (section 55, chapter ..... (Substitute Senate Bill No. 5030), Laws
of 2015), of the reinstatement that recites the effective date of
reinstatement. If the name is not available, the limited liability company must
file with its application for reinstatement an amendment to its certificate of
formation reflecting a change of name.
(4) When
reinstatement and revocation of any certificate of dissolution become
effective, they relate back to and take effect as of the effective date of the
administrative dissolution and the limited liability company may resume
carrying on its activities as if the administrative dissolution had never
occurred))
in accordance with section 1604 of this act.
Sec. 7116. RCW 25.15.--- and 2015 c ..... (Substitute Senate Bill No. 5030) s 57 are each amended to read as follows:
(1) A limited liability company dissolved under RCW 25.15.--- (2) or (3) (section 51, chapter ..... (Substitute Senate Bill No. 5030), Laws of 2015) may revoke its dissolution in accordance with this section at any time, except that a limited liability company that has filed a certificate of dissolution may not revoke its dissolution under this section more than one hundred twenty days after the filing of its certificate of dissolution.
(2)(a) Except as provided in (b) of this subsection, revocation of dissolution must be approved in the same manner as the dissolution was approved unless that approval permitted revocation in some other manner, in which event the dissolution may be revoked in the manner permitted.
(b) If dissolution occurred upon the happening of events specified in the limited liability company agreement, revocation of dissolution must be approved in the manner necessary to amend the provisions of the limited liability company agreement specifying the events of dissolution.
(3) A limited liability company that has filed a certificate of dissolution may, at any time after revocation of its dissolution has been approved but not more than one hundred twenty days after the filing of its certificate of dissolution, revoke the dissolution by delivering to the secretary of state for filing a certificate of revocation of dissolution that sets forth:
(a) The name of the
limited liability company and a statement that the name satisfies the
requirements of ((RCW 25.15.--- (section 3, chapter ..... (Substitute Senate
Bill No. 5030), Laws of 2015))) part I, Article 3 of this act; if
the name is not available, the limited liability company must ((file)) deliver
to the secretary of state for filing a certificate of amendment changing
its name with the certificate of revocation of dissolution;
(b) The effective date of the dissolution that was revoked;
(c) The date that the revocation of dissolution was approved; and
(d) A statement that the revocation was approved in the manner required by subsection (2) of this section.
(4) If a limited liability company has not filed a certificate of dissolution, revocation of dissolution becomes effective upon approval of the revocation as provided in subsection (2) of this section. If a limited liability company has filed a certificate of dissolution, revocation of dissolution becomes effective upon the filing of a certificate of revocation of dissolution. The filing of a certificate of revocation of dissolution automatically revokes any certificate of dissolution previously filed with respect to the limited liability company.
(5) Revocation of dissolution relates back to and takes effect as of the effective date of the dissolution and the limited liability company may resume carrying on its activities as if the dissolution had never occurred.
Sec. 7117. RCW 25.15.--- and 2015 c ..... (Substitute Senate Bill No. 5030) s 62 are each amended to read as follows:
(((1) Subject to
the Constitution of the state of Washington:
(a) The laws of the
state, territory, possession, or other jurisdiction or country under which a
foreign limited liability company is organized govern its organization and
internal affairs and the liability of its members and managers; and
(b) A foreign limited
liability company may not be denied registration by reason of any difference
between those laws and the laws of this state.
(2) A foreign
limited liability company and its members and managers doing business in this
state submit to personal jurisdiction of the courts of this state.)) A foreign
limited liability company registered to do business in this state is subject to
section 1501 of this act relating to the effect of registration and the
governing law for registered foreign limited liability companies.
Sec. 7118. RCW 25.15.--- and 2015 c ..... (Substitute Senate Bill No. 5030) s 63 are each amended to read as follows:
Before doing
business in this state, a foreign limited liability company must register with
the secretary of state in accordance with part I, Article 5 of this act.
((In order to register, a foreign limited liability company must submit to
the secretary of state an application for registration as a foreign limited
liability company executed by any member or manager of the foreign limited
liability company, setting forth:
(1) The name of the
foreign limited liability company and, if different, the name under which it
proposes to register and do business in this state;
(2) The state,
territory, possession, or other jurisdiction or country where formed, the date
of its formation, and a duly authenticated statement from the secretary of
state or other official having custody of limited liability company records in
the jurisdiction under whose law it was formed, that as of the date of filing
the foreign limited liability company validly exists as a limited liability
company under the laws of the jurisdiction of its formation;
(3) The nature of
the business or purposes to be conducted or promoted in this state;
(4) The address of
the registered office and the name and address of the registered agent for
service of process required to be maintained by RCW 25.15.---(2) (section 65,
chapter ..... (Substitute Senate Bill No. 5030), Laws of 2015);
(5) The address of
the principal office of the foreign limited liability company;
(6) The names and
addresses of the foreign limited liability company's members, or if the
management of the foreign limited liability company is vested in a manager or
managers, then the name and address of its manager or managers;
(7) A statement
that the secretary of state is appointed the agent of the foreign limited
liability company for service of process under the circumstances set forth in
RCW 25.15.---(2) (section 71, chapter ..... (Substitute Senate Bill No. 5030),
Laws of 2015); and
(8) The date on
which the foreign limited liability company first did, or intends to do,
business in this state.))
Sec. 7119. RCW 25.15.--- and 2015 c ..... (Substitute Senate Bill No. 5030) s 65 are each amended to read as follows:
(1) A foreign
limited liability company may register with the secretary of state under any
name that ((includes the words "Limited Liability Company," the
words "Limited Liability" and the abbreviation "Co.," or
the abbreviation "L.L.C." or "LLC" and that could be
registered by a domestic limited liability company. A foreign limited liability
company may apply to the secretary of state for authorization to use a name
which is not distinguishable upon the records of the office of the secretary of
state from the names described in RCW 23B.04.010 and 25.10.061, and the names
of any domestic or foreign limited liability company reserved, registered, or
formed under the laws of this state. The secretary of state must authorize use
of the name applied for if the other corporation, limited liability company,
limited liability partnership, or limited partnership consents in writing to
the use and files with the secretary of state documents necessary to change its
name, or the name reserved or registered to a name that is distinguishable upon
the records of the secretary of state from the name of the applying foreign
limited liability company)) complies with section 1506 of this act and
part I, Article 3 of this act.
(2) Each foreign
limited liability company must continuously maintain in this state((:
(a) A registered
office, which may but need not be a place of its business in this state. The
registered office must be at a specific geographic location in this state, and
be identified by number, if any, and street, or building address or rural
route, or, if a commonly known street or rural route address does not exist, by
legal description. A registered office may not be identified by post office box
number or other nongeographic address. For purposes of communicating by mail,
the secretary of state may permit the use of a post office address in
conjunction with the registered office address if the foreign limited liability
company also maintains on file the specific geographic address of the
registered office where personal service of process may be made;
(b) A registered
agent for service of process on the foreign limited liability company, which
agent may be either an individual resident of this state whose business office
is identical with the foreign limited liability company's registered office, or
a domestic corporation, a limited partnership, or limited liability company, or
a foreign corporation authorized to do business in this state having a business
office identical with such registered office; and
(c) A registered
agent who must not be appointed without having given prior written consent to
the appointment. The written consent shall be filed with the secretary of state
in such form as the secretary may prescribe. The written consent must be filed
with or as a part of the document first appointing a registered agent. In the
event any individual, limited liability company, limited partnership, or
corporation has been appointed agent without consent, that person or
corporation may file a notarized statement attesting to that fact, and the name
must be removed from the records of the secretary of state)) a registered
agent in accordance with part I, Article 4 of this act.
(3) A foreign
limited liability company may change its ((registered office or))
registered agent by delivering to the secretary of state for filing a statement
of change ((that sets forth:
(a) The name of the
foreign limited liability company;
(b) If the current
registered office is to be changed, the street address of the new registered
office in accordance with subsection (2)(a) of this section;
(c) If the current
registered agent is to be changed, the name of the new registered agent and the
new agent's written consent, either on the statement or attached to it, to the
appointment; and
(d) That after the
change or changes are made, the street addresses of its registered office and
the business office of its registered agent will be identical)) in accordance
with section 1407 of this act.
(4) ((If)) A
registered agent ((changes the street address of the agent's business
office, the registered agent may change the street address of the registered
office of any foreign limited liability company for which the agent is the
registered agent by notifying the foreign limited liability company in writing
of the change and executing, either manually or in facsimile, and delivering to
the secretary of state for filing a statement that complies with the
requirements of subsection (3) of this section and recites that the foreign
limited liability company has been notified of the change)) of a foreign
limited liability company may change its information on file with the secretary
of state in accordance with section 1408 or 1409 of this act.
(5) A registered
agent of any foreign limited liability company may resign as agent by executing
and delivering to the secretary of state for filing a statement ((that the
registered office is also discontinued. After filing the statement the
secretary of state must mail a copy of the statement to the foreign limited
liability company at its principal office shown in its application for
certificate of registration if no annual report has been filed. The agency
appointment is terminated, and the registered office discontinued if so
provided, on the thirty-first day after the date on which the statement was
filed)) of resignation in accordance with section 1410 of this act.
Sec. 7120. RCW 25.15.--- and 2015 c ..... (Substitute Senate Bill No. 5030) s 66 are each amended to read as follows:
((If any
statement in the application for registration of a foreign limited liability
company was false when made or any arrangements or other facts described have
changed, making the application false in any respect, the foreign limited
liability company must promptly file in the office of the secretary of state a
certificate, executed by any member or manager, correcting such statement.))
A registered foreign limited liability company must amend its foreign
registration statement under the circumstances provided in section 1504 of this
act.
Sec. 7121. RCW 25.15.--- and 2015 c ..... (Substitute Senate Bill No. 5030) s 67 are each amended to read as follows:
(((1))) A
foreign limited liability company may ((cancel)) withdraw its
registration by ((filing with)) delivering to the secretary of
state for filing a ((certificate of cancellation, executed by any
member or manager. A cancellation does not terminate the authority of the
secretary of state to accept service of process on the foreign limited
liability company with respect to causes of action arising out of the doing of
business in this state.
(2) The certificate
of cancellation must set forth:
(a) The name of the
foreign limited liability company;
(b) The date of
filing of its certificate of registration;
(c) The reason for
filing the certificate of cancellation;
(d) The future
effective date, not later than the ninetieth day after the date it is filed, of
cancellation if it is not to be effective upon filing of the certificate;
(e) The address to
which service of process may be forwarded; and
(f) Any other
information the person filing the certificate of cancellation desires.)) statement of
withdrawal in accordance with section 1507 of this act.
Sec. 7122. RCW 25.15.--- and 2015 c ..... (Substitute Senate Bill No. 5030) s 68 are each amended to read as follows:
(((1))) A
foreign limited liability company doing business in this state ((may not
maintain any action, suit, or proceeding in this state until it has registered
in this state and has paid to this state all fees and penalties for the years
or parts thereof, during which it did business in this state without having
registered.
(2) Neither the
failure of a foreign limited liability company to register in this state nor
the issuance of a certificate of cancellation with respect to a foreign limited
liability company's registration in this state impairs:
(a) The validity of
any contract or act of the foreign limited liability company;
(b) The right of
any other party to the contract to maintain any action, suit, or proceeding on
the contract; or
(c) The foreign
limited liability company from defending any action, suit, or proceeding in any
court of this state.
(3) A member or a
manager of a foreign limited liability company is not liable for the
obligations of the foreign limited liability company solely by reason of the
limited liability company's having done business in this state without
registration))
without registering with the secretary of state is subject to section 1502
of this act.
Sec. 7123. RCW 25.15.--- and 2015 c ..... (Substitute Senate Bill No. 5030) s 69 are each amended to read as follows:
((The superior
courts have jurisdiction to enjoin any foreign limited liability company, or
any agent thereof, from doing any business in this state if such foreign
limited liability company has failed to register under this article or if such
foreign limited liability company has secured a certificate of registration
from the secretary of state under RCW 25.15.--- (section 64, chapter .....
(Substitute Senate Bill No. 5030), Laws of 2015) on the basis of false or
misleading representations. The secretary of state must, upon the secretary's
own motion or upon the relation of proper parties, proceed for this purpose by
complaint in any county in which such foreign limited liability company is
doing or has done business.)) A foreign limited liability company may be
enjoined from doing business in this state under section 1512 of this act.
Sec. 7124. RCW 25.15.--- and 2015 c ..... (Substitute Senate Bill No. 5030) s 70 are each amended to read as follows:
(((1) The
following activities, among others,)) A nonexhaustive list of activities
that do not constitute transacting business ((within the meaning of this
article:
(a) Maintaining or
defending any action or suit or any administrative or arbitration proceeding,
or effecting the settlement thereof or the settlement of claims or disputes;
(b) Holding
meetings of the members, or managers if any, or carrying on other activities concerning
internal limited liability company affairs;
(c) Maintaining
bank accounts, share accounts in savings and loan associations, custodian or
agency arrangements with a bank or trust company, or stock or bond brokerage
accounts;
(d) Maintaining
offices or agencies for the transfer, exchange, and registration of the foreign
limited liability company's own securities or interests or maintaining trustees
or depositaries with respect to those securities or interests;
(e) Selling through
independent contractors;
(f) Soliciting or
procuring orders, whether by mail or through employees or agents or otherwise,
where the orders require acceptance outside this state before becoming binding
contracts and where the contracts do not involve any local performance other
than delivery and installation;
(g) Making loans or
creating or acquiring evidences of debt, mortgages, or liens on real or
personal property, or recording same;
(h) Securing or
collecting debts or enforcing mortgages and security interests in property
securing the debts;
(i) Owning, without
more, real or personal property;
(j) Conducting an
isolated transaction that is completed within thirty days and that is not one
in the course of repeated transactions of a like nature;
(k) Transacting
business in interstate commerce;
(l) Owning a
controlling interest in a corporation or a foreign corporation that transacts
business within this state;
(m) Participating
as a limited partner of a domestic or foreign limited partnership that
transacts business within this state; or
(n) Participating
as a member or a manager of a domestic or foreign limited liability company
that transacts business within this state.
(2) The list of activities
in subsection (1) of this section is not exhaustive)) in this state
is provided in section 1505 of this act.
Sec. 7125. RCW 25.15.--- and 2015 c ..... (Substitute Senate Bill No. 5030) s 71 are each amended to read as follows:
(((1) A foreign
limited liability company's registered agent is its agent for)) Service
of process, notice, or demand required or permitted by law to be served on the
foreign limited liability company may be made in accordance with section
1411 of this act.
(((2) The
secretary of state is an agent of a foreign limited liability company upon whom
any such process, notice, or demand may be served if:
(a) The foreign
limited liability company fails to appoint or maintain a registered agent in
this state; or
(b) The registered
agent cannot with reasonable diligence be found at the registered office.
(3) Service on the
secretary of state of any such process, notice, or demand is made by delivering
to and leaving with the secretary of state, or with any duly authorized clerk
of the secretary of state's office, the process, notice, or demand. In the
event any such process, notice, or demand is served on the secretary of state,
the secretary of state must immediately cause a copy thereof to be forwarded by
certified mail, addressed to the foreign limited liability company at the
address of its principal office as it appears on the records of the secretary
of state. Any service so had on the secretary of state is returnable in not
less than thirty days.
(4) The secretary
of state must keep a record of all processes, notices, and demands served upon
the secretary of state under this section, and must record the time of such
service and the secretary of state's action with reference thereto.
(5) This section
does not limit or affect the right to serve any process, notice, or demand
required or permitted by law to be served upon a foreign limited liability
company in any other manner now or hereafter permitted by law.))
Sec. 7126. RCW 25.15.--- and 2015 c ..... (Substitute Senate Bill No. 5030) s 72 are each amended to read as follows:
(((1))) Any
foreign limited liability company which does business in this state without
having registered under ((RCW 25.15.--- (section 63, chapter .....
(Substitute Senate Bill No. 5030), Laws of 2015))) part I, Article 5 of
this act has thereby ((appointed and constituted the secretary of state
its agent for the acceptance)) consented to service of legal process
in accordance with section 1411 of this act in any civil action, suit,
or proceeding against it in any state or federal court in this state arising or
growing out of any business done by it within this state. The doing of business
in this state by such foreign limited liability company is a signification of
the agreement of such foreign limited liability company that any such process
when so served is of the same legal force and validity as if served upon a
registered agent personally within this state.
(((2) In the
event of service upon the secretary of state in accordance with subsection (1)
of this section, the secretary of state must notify the foreign limited
liability company thereof by letter, certified mail, return receipt requested,
directed to the foreign limited liability company at the address furnished to
the secretary of state by the plaintiff in such action, suit, or proceeding.
Such letter must enclose a copy of the process and any other papers served upon
the secretary of state. It is the duty of the plaintiff in the event of such
service to serve process and any other papers in duplicate and to notify the
secretary of state that service is being made pursuant to this subsection.))
Sec. 7127. RCW 25.15.--- and 2015 c ..... (Substitute Senate Bill No. 5030) s 73 are each amended to read as follows:
The secretary of
state may ((commence a proceeding under RCW 25.15.--- (section 74, chapter
..... (Substitute Senate Bill No. 5030), Laws of 2015) to revoke)) terminate
the registration of a foreign limited liability company ((authorized to
transact business)) registered in this state ((if:
(1) The foreign
limited liability company does not pay any license fees or penalties imposed by
this chapter when they become due;
(2) The foreign
limited liability company does not deliver its completed annual report to the
secretary of state when it is due;
(3) The foreign
limited liability company is without a registered agent or registered office in
this state for sixty days or more; or
(4) The secretary
of state receives a duly authenticated certificate from the secretary of state
or other official having custody of limited liability company records in the
jurisdiction under which the foreign limited liability company was organized
stating that the foreign limited liability company has been dissolved or its
certificate or articles of formation canceled)) under the circumstances and
procedures specified in section 1511 of this act.
Sec. 7128. RCW 25.15.--- and 2015 c ..... (Substitute Senate Bill No. 5030) s 82 are each amended to read as follows:
(1) After each constituent organization has approved a merger, articles of merger must be executed on behalf of each constituent organization by an authorized representative.
(2) The articles of merger must include:
(a) The name and form of each constituent organization and the jurisdiction of its governing statute;
(b) The name and form of the surviving organization and the jurisdiction of its governing statute;
(c) The date the merger is effective under the governing statute of the surviving organization;
(d) Any amendments provided for in the plan of merger for the organizational document that created the surviving organization;
(e) A statement as to each constituent organization that the merger was approved as required by the organization's governing statute;
(f) If the
surviving organization is a foreign organization not ((authorized)) registered
to transact business in this state, the street and mailing address of ((an
office that the secretary of state may use)) the surviving
organization's principal office for the purposes of ((RCW 25.15.---(3)
(section 83, chapter ..... (Substitute Senate Bill No. 5030), Laws of 2015)))
service of process under section 1411 of this act; and
(g) Any additional information required by the governing statute of any constituent organization.
(3) The surviving organization must deliver the articles of merger for filing in the office of the secretary of state.
(4) The effective time of a merger is:
(a) If the surviving organization is a limited liability company, upon the later of:
(i) Filing of the articles of merger in the office of the secretary of state; or
(ii) Subject to subsection (5) of this section, as specified in the articles of merger; or
(b) If the surviving organization is not a limited liability company, as provided by the governing statute of the surviving organization.
(5) If the articles
of merger do not specify a delayed effective date, the articles of merger
become effective upon filing as provided in section 1203 of this act. ((If))
The articles of merger may specify a delayed effective time and
date((, the articles of merger become effective at the time and date
specified. If the articles of merger specify a delayed effective date but no
time is specified, the articles of merger are effective at the close of
business on that date. A delayed effective date for articles of merger may not
be later than the ninetieth day after the date they are filed)) in
accordance with section 1203 of this act.
Sec. 7129. RCW 25.15.--- and 2015 c ..... (Substitute Senate Bill No. 5030) s 83 are each amended to read as follows:
(1) When a merger becomes effective:
(a) The surviving organization continues;
(b) Each constituent organization that merges into the surviving organization ceases to exist as a separate entity;
(c) The title to all real estate and other property owned by each constituent organization is vested in the surviving organization without reversion or impairment;
(d) The surviving organization has all liabilities of each constituent organization;
(e) A proceeding pending by or against any constituent organization may be continued as if the merger did not occur or the surviving organization may be substituted in the proceeding for the constituent organization whose existence ceased;
(f) Except as prohibited by other law, all of the rights, privileges, immunities, powers, and purposes of each constituent organization that ceases to exist vest in the surviving organization;
(g) Except as otherwise provided in the plan of merger, the terms and conditions of the plan of merger take effect;
(h) The organizational documents of the surviving organization are amended to the extent provided in the articles of merger; and
(i) The former holders of interests of every constituent limited liability company are entitled only to the rights provided in the plan of merger and to their rights under article XII of this chapter.
(2) A merger of a limited liability company, including a limited liability company which is not the surviving organization in the merger, does not require the limited liability company to wind up its affairs under RCW 25.15.--- (section 58, chapter ..... (Substitute Senate Bill No. 5030), Laws of 2015) or pay its liabilities and distribute its assets under RCW 25.15.--- (section 60, chapter ..... (Substitute Senate Bill No. 5030), Laws of 2015).
(3) A surviving
organization that is a foreign organization consents to the jurisdiction of the
courts of this state to enforce any obligation owed by a constituent
organization, if before the merger the constituent organization was subject to
suit in this state on the obligation. A surviving organization that is a
foreign organization and not ((authorized)) registered to
transact business in this state ((appoints the secretary of state as its
agent for service of)) may be served with process pursuant to
section 1411 of this act for the purposes of enforcing an obligation under
this subsection. ((Service on the secretary of state under this subsection
is made in the same manner and with the same consequences as in RCW
25.15.---(3) (section 7, chapter ..... (Substitute Senate Bill No. 5030), Laws
of 2015).))
Sec. 7130. RCW 25.15.--- and 2015 c ..... (Substitute Senate Bill No. 5030) s 86 are each amended to read as follows:
(1) After a plan of conversion is approved, the converting organization must make one of the following filings to complete the conversion:
(a) A converting limited liability company must deliver to the secretary of state for filing articles of conversion, which must include:
(i) A statement that the limited liability company has been converted into another organization;
(ii) The name and form of the converted organization and the jurisdiction of its governing statute;
(iii) The date the conversion is effective under the governing statute of the converted organization;
(iv) A statement that the conversion was approved as required by this chapter;
(v) A statement that the conversion was approved as required by the governing statute of the converted organization; and
(vi) If the
converted organization is a foreign organization not ((authorized)) registered
to transact business in this state, the street and mailing address of ((an
office that the secretary of state may use)) the converted
organization's principal office for the purposes of ((RCW 25.15.---(3)
(section 87, chapter ..... (Substitute Senate Bill No. 5030), Laws of 2015)))
service of process under section 1411 of this act; or
(b) A converting organization that is not a limited liability company must deliver to the secretary of state for filing a certificate of formation, together with articles of conversion, which must include:
(i) A statement that the limited liability company was converted from another organization;
(ii) The name and form of the converting organization and the jurisdiction of its governing statute; and
(iii) A statement that the conversion was approved in a manner that complied with the converting organization's governing statute.
(2) The effective time of a conversion is either:
(a) If the converted organization is a limited liability company, when the certificate of formation takes effect; or
(b) If the converted organization is not a limited liability company, as provided by the governing statute of the converted organization.
(3) If the
certificate of formation filed pursuant to this section does not specify a
delayed effective date, it becomes effective upon filing as provided in
section 1203 of this act. ((If)) The certificate of formation
((specifies)) may specify a delayed effective time and date((,
the certificate of formation becomes effective at the time and date specified.
If the certificate of formation specifies a delayed effective date but no time
is specified, the certificate of formation is effective at the close of
business on that date. A delayed effective date for a certificate of formation
may not be later than the ninetieth day after the date it is filed)) in
accordance with section 1203 of this act.
Sec. 7131. RCW 25.15.--- and 2015 c ..... (Substitute Senate Bill No. 5030) s 87 are each amended to read as follows:
(1) An organization that has been converted pursuant to this article is for all purposes the same entity that existed before the conversion.
(2) When a conversion takes effect:
(a) The title to all real estate and other property owned by the converting organization remains vested in the converted organization without reversion or impairment;
(b) All debts, liabilities, and other obligations of the converting organization continue as obligations of the converted organization;
(c) An action or proceeding pending by or against the converting organization may be continued as if the conversion had not occurred;
(d) Except as prohibited by other law, all of the rights, privileges, immunities, powers, and purposes of the converting organization remain vested in the converted organization;
(e) Except as otherwise provided in the plan of conversion, the terms and conditions of the plan of conversion take effect; and
(f) Except as otherwise agreed, the conversion does not dissolve a converting limited liability company for the purposes of article VIII of this chapter.
(3) A converted
organization that is a foreign organization consents to the jurisdiction of the
courts of this state to enforce any obligation owed by the converting limited
liability company, if before the conversion the converting limited liability
company was subject to suit in this state on the obligation. A converted
organization that is a foreign organization and not ((authorized)) registered
to transact business in this state ((appoints the secretary of state as its
agent for service of)) may be served with process in accordance
with section 1411 of this act for purposes of enforcing an obligation under
this subsection. ((Service on the secretary of state under this subsection
is made in the same manner and with the same consequences as in RCW
25.15.---(3) (section 7, chapter ..... (Substitute Senate Bill No. 5030), Laws
of 2015).))
Sec. 7132. RCW 25.15.--- and 2015 c ..... (Substitute Senate Bill No. 5030) s 102 are each amended to read as follows:
(((1) The
secretary of state must adopt rules establishing fees which are charged and
collected for:
(a) Filing of a
certificate of formation, certificate of amendment, or restated certificate of
formation for a domestic limited liability company;
(b) Filing of an
application for registration, or a certificate correcting any statement in an
application for registration, of a foreign limited liability company;
(c) Filing of
articles of merger or articles of conversion for a domestic limited liability
company;
(d) Filing of a
certificate of dissolution for a domestic limited liability company;
(e) Filing of a
certificate of revocation of dissolution for a domestic limited liability
company;
(f) Filing of an
application for reinstatement of a domestic limited liability company;
(g) Filing of a
certificate of cancellation for a foreign limited liability company;
(h) Filing of an
application to reserve, register, or transfer a foreign or domestic limited
liability company name;
(i) Filing of any
other certificate, statement, or report authorized or permitted to be filed;
(j) Copies,
certified copies, certificates, service of process filings, and expedited
filings or other special services; and
(k) The initial and
annual report for a limited liability company, or the annual report for a
foreign limited liability company, and any related penalties.
(2) In the
establishment of a fee schedule, the secretary of state must, insofar as is
possible and reasonable, be guided by the fee schedule provided for corporations
governed by Title 23B RCW. Fees for copies, certified copies, certificates of
record, and service of process filings must be as provided for in RCW
23B.01.220.
(3) All fees
collected by the secretary of state must be deposited with the state treasurer pursuant
to law.))
Limited liability companies are subject to the applicable fees, charges, and
penalties established by the secretary of state under section 1213 of this act
and RCW 43.07.120.
NEW SECTION. Sec. 7133. The following acts or parts of acts are each repealed:
(1) RCW 25.15.--- and 2015 c ..... (Substitute Senate Bill No. 5030) s 2;
(2) RCW 25.15.--- and 2015 c ..... (Substitute Senate Bill No. 5030) s 55;
(3) RCW 25.15.--- and 2015 c ..... (Substitute Senate Bill No. 5030) s 64; and
(4) RCW 25.15.--- and 2015 c ..... (Substitute Senate Bill No. 5030) s 74.
PART VIII
SECRETARY OF STATE REVISIONS
Sec. 8101. RCW 43.07.120 and 2010 1st sp.s. c 29 s 6 are each amended to read as follows:
(1) The secretary of state must establish by rule and collect the fees in this subsection:
(a) For a copy of any law, resolution, record, or other document or paper on file in the secretary's office;
(b) For any certificate under seal;
(c) For filing and recording trademark;
(d) For each deed or patent of land issued by the governor;
(e) For recording miscellaneous records, papers, or other documents.
(2) The secretary of state may adopt rules under chapter 34.05 RCW establishing reasonable fees for the following services rendered under chapter 23.--- RCW (the new chapter created in section 1801 of this act), Title 23B RCW, chapter 18.100, 19.09, 19.34, 19.77, 23.86, 23.90, 24.03, 24.06, 24.12, 24.20, 24.24, 24.28, 24.36, 25.04, 25.15, 25.10, 25.05, or 26.60 RCW:
(a) Any service rendered in-person at the secretary of state's office;
(b) Any expedited service;
(c) The electronic or facsimile transmittal of information from corporation records or copies of documents;
(d) The providing of information by micrographic or other reduced-format compilation;
(e) The handling of checks, drafts, or credit or debit cards upon adoption of rules authorizing their use for which sufficient funds are not on deposit; and
(f) Special search charges.
(3) To facilitate the collection of fees, the secretary of state may establish accounts for deposits by persons who may frequently be assessed such fees to pay the fees as they are assessed. The secretary of state may make whatever arrangements with those persons as may be necessary to carry out this section.
(4) The secretary of state may adopt rules for the use of credit or debit cards for payment of fees.
(5) No member of the legislature, state officer, justice of the supreme court, judge of the court of appeals, or judge of the superior court may be charged for any search relative to matters pertaining to the duties of his or her office; nor may such official be charged for a certified copy of any law or resolution passed by the legislature relative to his or her official duties, if such law has not been published as a state law.
Sec. 8102. RCW 43.07.130 and 2010 1st sp.s. c 29 s 7 are each amended to read as follows:
There is created
within the state treasury a revolving fund, to be known as the "secretary
of state's revolving fund," which must be used by the office of the
secretary of state to defray the costs of providing registration and information
services authorized by law by the office of the secretary of state, and any
other cost of carrying out the functions of the secretary of state under Title
11, 18, 19, 23, 23B, 24, 25, 26, ((30)) 30A, 30B, 42, 43, or 64
RCW.
The secretary of
state is authorized to charge a fee for publications in an amount which will
compensate for the costs of printing, reprinting, and distributing such printed
matter. Fees recovered by the secretary of state under RCW 43.07.120(2),
19.09.305, 19.09.315, 19.09.440, ((23B.01.220 (1)(e), (6) and (7),
23B.18.050, 24.03.410, 24.06.455, 25.10.600(6), 25.10.916(1)(e))) section
1213(1) (a)(ii) and (iii) and (d) of this act, or 46.64.040, and such other
moneys as are expressly designated for deposit in the secretary of state's revolving
fund must be placed in the secretary of state's revolving fund.
During the 2005-2007 fiscal biennium, the legislature may transfer from the secretary of state's revolving fund to the state general fund such amounts as reflect the excess fund balance of the fund.
PART IX
MISCELLANEOUS REVISIONS
Sec. 9101. RCW 23.78.020 and 1991 c 72 s 9 are each amended to read as follows:
Any corporation organized under the laws of this state may elect to be governed as an employee cooperative under the provisions of this chapter, by so stating in its articles of incorporation, or articles of amendment filed in accordance with Title 23B RCW and part I, Article 2 of this act.
A corporation so electing shall be governed by all provisions of Title 23B RCW, except RCW 23B.07.050, 23B.13.020, and chapter 23B.11 RCW, and except as otherwise provided in this chapter.
Sec. 9102. RCW 23.78.030 and 1991 c 72 s 10 are each amended to read as follows:
An employee
cooperative may revoke its election under this chapter by a vote of two-thirds
of the members and through articles of amendment ((filed with)) delivered
to the secretary of state for filing in accordance with RCW
23B.01.200 ((and)), 23B.10.060, and part I, Article 2 of this
act.
Sec. 9103. RCW 23.86.030 and 1989 c 307 s 5 are each amended to read as follows:
(1) The name of any
association subject to this chapter ((may contain the word
"corporation," "incorporated," or "limited" or an
abbreviation of any such word)) must comply with part I, Article 3 of
this act.
(2) No corporation or association organized or doing business in this state shall be entitled to use the term "cooperative" as a part of its corporate or other business name or title, unless it: (a) Is subject to the provisions of this chapter, chapter 23.78, or 31.12 RCW; (b) is subject to the provisions of chapter 24.06 RCW and operating on a cooperative basis; (c) is, on July 23, 1989, an organization lawfully using the term "cooperative" as part of its corporate or other business name or title; or (d) is a nonprofit corporation or association the voting members of which are corporations or associations operating on a cooperative basis. Any corporation or association violating the provisions of this section may be enjoined from doing business under such name at the instance of any member or any association subject to this chapter.
(3) A member of the board of directors or an officer of any association subject to this chapter shall have the same immunity from liability as is granted in RCW 4.24.264.
Sec. 9104. RCW 23.86.055 and 1989 c 307 s 8 are each amended to read as follows:
(1) ((Duplicate
originals of)) The articles of incorporation shall be signed
by the incorporators ((shall be)) and delivered to the secretary
of state for filing in accordance with part I, Article 2 of this act. ((If
the secretary of state finds that the articles of incorporation conform to law,
the secretary of state shall, when all required fees have been paid:
(a) Endorse each
original with the word "filed" and the effective date of the filing.
(b) File one
original in his or her office.
(c) Issue a
certificate of incorporation with one original attached.))
(2) ((The
certificate of incorporation, with an original of the articles of incorporation
affixed by the secretary of state, shall be returned to the incorporators or
their representatives and shall be retained by the association.
(3))) Upon the filing
of the articles of incorporation, the corporate existence shall begin, and the
certificate of incorporation shall, except as against the state in a proceeding
to cancel or revoke the certificate of incorporation, be conclusive evidence
that all conditions precedent required to be performed by the incorporators
have been complied with and that the corporation has been incorporated under
this chapter.
Sec. 9105. RCW 23.86.070 and 2010 1st sp.s. c 29 s 10 are each amended to read as follows:
((For filing
articles of incorporation of an association organized under this chapter or
filing application for a certificate of authority by a foreign corporation, there
must be paid to the secretary of state a fee as established by the secretary by
rule. Fees for filing an amendment to articles of incorporation must be
established by the secretary of state by rule. For filing other documents with
the secretary of state and issuing certificates, fees are as prescribed in RCW
23B.01.220. Associations subject to this chapter are not subject to any
corporation license fees excepting the fees hereinabove enumerated.)) Associations
organized under or subject to this chapter are subject to the applicable fees,
charges, and penalties established by the secretary of state under section 1213
of this act and RCW 43.07.120.
Sec. 9106. RCW 23.86.095 and 1989 c 307 s 13 are each amended to read as follows:
Effective January
1, 1990, every association subject to this chapter shall have and maintain a ((registered
office and a)) registered agent in this state in accordance with the
requirements set forth in ((RCW 24.06.050)) part I, Article 4 of this
act.
Sec. 9107. RCW 23.86.210 and 1991 c 72 s 18 are each amended to read as follows:
(1) A cooperative association may be converted to a domestic ordinary business corporation pursuant to the following procedures:
(a) The board of directors of the association shall, by affirmative vote of not less than two-thirds of all such directors, adopt a plan for such conversion setting forth:
(i) The reasons why such conversion is desirable and in the interests of the members of the association;
(ii) The proposed contents of articles of conversion with respect to items (ii) through (ix) of subparagraph (c) below; and
(iii) Such other information and matters as the board of directors may deem to be pertinent to the proposed plan.
(b) After adoption by the board of directors, the plan for conversion shall be submitted for approval or rejection to the members of the association at any regular meetings or at any special meetings called for that purpose, after notice of the proposed conversion has been given to all members entitled to vote thereon, in the manner provided by the bylaws. The notice of the meeting shall be accompanied by a full copy of the proposed plan for conversion or by a summary of its provisions. At the meeting members may vote upon the proposed conversion in person, or by written proxy, or by mailed ballot. The affirmative vote of two-thirds of the members voting thereon shall be required for approval of the plan of conversion. If the total vote upon the proposed conversion shall be less than twenty-five percent of the total membership of the association, the conversion shall not be approved.
(c) Upon approval by the members of the association, the articles of conversion shall be executed in duplicate by the association by one of its officers and shall set forth:
(i) The dates and vote by which the plan for conversion was adopted by the board of directors and members respectively;
(ii) The corporate name of the converted organization. The name shall comply with requirements in part I, Article 3 of this act for names of business corporations formed under Title 23B RCW, and shall not contain the term "cooperative";
(iii) The purpose or purposes for which the converted corporation is to exist;
(iv) The duration of the converted corporation, which may be perpetual or for a stated term of years;
(v) The capitalization of the converted corporation and the class or classes of shares of stock into which divided, together with the par value, if any, of such shares, in accordance with statutory requirements applicable to ordinary business corporations, and the basis upon which outstanding shares of the association are converted into shares of the converted corporation;
(vi) Any provision limiting or denying to shareholders the preemptive right to acquire additional shares of the converted corporation;
(vii) The address
of the converted corporation's ((initial registered office and its))
initial registered agent ((at such address));
(viii) The names and addresses of the persons who are to serve as directors of the converted corporation until the first annual meeting of shareholders of the converted corporation or until their successors are elected and qualify;
(ix) Any additional provisions, not inconsistent with law, provided for by the plan for conversion for the regulation of the internal affairs of the converted corporation, including any provision restricting the transfer of shares or which under Title 23B RCW is required or permitted to be set forth in bylaws.
(d) The ((executed
duplicate originals of the)) articles of conversion shall be delivered to
the secretary of state for filing in accordance with part I, Article 2 of
this act. ((If the secretary of state finds that the articles of
conversion conform to law, the secretary of state shall, when all the fees have
been paid as in this section prescribed:
(i) Endorse on each
of such originals the word "Filed", and the effective date of such
filing;
(ii) File one of
such originals; and
(iii) Issue a
certificate of conversion to which one of such originals shall be affixed.))
(e) ((The
certificate of conversion, together with the original of the articles of
conversion affixed thereto by the secretary of state, shall be returned to the
converted corporation or its representative. The original affixed to the
certificate of conversion shall be retained by the converted corporation.
(f))) Upon ((filing))
delivering the articles of conversion to the secretary of state for
filing, the converted corporation shall pay, and the secretary of state
shall collect, the same filing and license fees as for filing articles of
incorporation of a newly formed business corporation similarly capitalized.
(2) Upon filing by the secretary of state of the articles of conversion, the conversion of the cooperative association to an ordinary business corporation shall become effective as provided in section 1203 of this act; the articles of conversion shall thereafter constitute and be treated in like manner as articles of incorporation; and the converted corporation shall be subject to all laws applicable to corporations formed under Title 23B RCW, and shall not thereafter be subject to laws applying only to cooperative associations. The converted corporation shall constitute and be deemed to constitute a continuation of the corporate substance of the cooperative association and the conversion shall in no way derogate from the rights of creditors of the former association.
Sec. 9108. RCW 23.86.220 and 1991 c 72 s 19 are each amended to read as follows:
(1) A cooperative association may merge with one or more domestic cooperative associations, or with one or more domestic ordinary business corporations, in accordance with the procedures and subject to the conditions set forth or referred to in this section.
(2) If the merger is into another domestic cooperative association, the board of directors of each of the associations shall approve by vote of not less than two-thirds of all the directors, a plan of merger setting forth:
(a) The names of the associations proposing to merge;
(b) The name of the association which is to be the surviving association in the merger;
(c) The terms and conditions of the proposed merger;
(d) The manner and basis of converting the shares of each merging association into shares or other securities or obligations of the surviving association;
(e) A statement of any changes in the articles of incorporation of the surviving association to be effected by such merger; and
(f) Such other provisions with respect to the proposed merger as are deemed necessary or desirable.
(3) Following approval by the boards of directors, the plan of merger shall be submitted to a vote of the members of each of the associations at any regular meeting or at any special meetings called for that purpose, after notice of the proposed merger has been given to all members entitled to vote thereon, in the manner provided in the bylaws. The notice of the meeting shall be in writing stating the purpose or purposes of the meeting and include or be accompanied by a copy or summary of the plan of merger. At the meeting members may vote upon the proposed merger in person, or by written proxy, or by mailed ballot. The affirmative vote of two-thirds of the members voting thereon, by each association, shall be required for approval of the plan of merger. If the total vote of either association upon the proposed merger shall be less than twenty-five percent of the total membership of such association, the merger shall not be approved.
(4) Upon approval by the members of the associations proposing to merge, articles of merger shall be executed in duplicate by each association by an officer of each association, and shall set forth:
(a) The plan of merger;
(b) As to each association, the number of members and, if there is capital stock, the number of shares outstanding; and
(c) As to each association, the number of members who voted for and against such plan, respectively.
(5) ((Duplicate
originals of)) The articles of merger shall be delivered to the
secretary of state for filing in accordance with part I, Article 2 of this
act. ((If the secretary of state finds that such articles conform to
law, the secretary of state shall, when all fees have been paid as in this
section prescribed:
(a) Endorse on each
of such originals the word "Filed", and the effective date of such
filing;
(b) File one of
such originals; and
(c) Issue a
certificate of merger to which one of such originals shall be affixed.))
(6) ((The
certificate of merger, together with the duplicate original of the articles of
merger affixed thereto by the secretary of state shall be returned to the
surviving association or its representative.
(7))) For filing
articles of merger hereunder the secretary of state shall charge and collect the
same fees as apply to filing of articles of merger of ordinary business
corporations.
(((8))) (7)
If the plan of merger is for merger of the cooperative association into a domestic
ordinary business corporation, the association shall follow the same procedures
as hereinabove provided for merger of domestic cooperative associations and the
ordinary business corporation shall follow the applicable procedures set forth
in RCW 23B.07.050 and chapter 23B.11 RCW.
(((9))) (8)
At any time prior to filing of the articles of merger, the merger may be
abandoned pursuant to provisions therefor, if any, set forth in the plan of
merger.
Sec. 9109. RCW 23.86.310 and 1989 c 307 s 15 are each amended to read as follows:
((Effective
January 1, 1990,)) Every association subject to this chapter shall
((comply with the requirements set forth in RCW 24.06.440)) deliver
an annual report to the secretary of state in accordance with section 1212 of
this act.
Sec. 9110. RCW 23.86.330 and 1991 c 72 s 21 are each amended to read as follows:
The provisions of
((RCW 23B.14.200 and 23B.14.210)) part I, Article 6 of this act
relating to administrative dissolution by the secretary of state shall
apply to every association subject to this chapter formed on or after July 23,
1989.
Sec. 9111. RCW 23.86.370 and 1989 c 307 s 33 are each amended to read as follows:
The provisions of
((RCW 24.06.340 through 24.06.435)) part I, Article 5 of this act and
RCW 24.06.367 and 24.06.369 shall apply to every foreign corporation which
desires to conduct affairs in this state under the authority of this chapter.
Sec. 9112. RCW 23.90.040 and 1981 c 302 s 3 are each amended to read as follows:
(1) Any Massachusetts trust desiring to do business in this state shall file with the secretary of state, in accordance with part I, Article 2 of this act, a verified copy of the trust instrument creating such a trust and any amendment thereto, the assumed business name, if any, and the names and addresses of its trustees.
(2) Any person dealing with such Massachusetts trust shall be bound by the terms and conditions of the trust instrument and any amendments thereto so filed.
(3) Any Massachusetts trust created under this chapter or entering this state pursuant thereto shall pay such taxes and fees as are imposed by the laws, ordinances, and resolutions of the state of Washington and any counties and municipalities thereof on domestic and foreign corporations, respectively, on an identical basis therewith. In computing such taxes and fees, the shares of beneficial interest of such a trust shall have the character for tax purposes of shares of stock in private corporations.
(4) Any Massachusetts trust shall be subject to such applicable provisions of law, now or hereafter enacted, with respect to domestic and foreign corporations, respectively, as relate to the issuance of securities, filing of required statements or reports, service of process, general grants of power to act, right to sue and be sued, limitation of individual liability of shareholders, rights to acquire, mortgage, sell, lease, operate and otherwise to deal in real and personal property, and other applicable rights and duties existing under the common law and statutes of this state in a manner similar to those applicable to domestic and foreign corporations.
(5) The secretary of state, director of licensing, and the department of revenue of the state of Washington are each authorized and directed to prescribe binding rules and regulations applicable to said Massachusetts trusts consistent with this chapter.
Sec. 9113. RCW 24.12.045 and 2009 c 437 s 13 are each amended to read as follows:
(1) Each
corporation sole registered in this state shall ((file, with a ten dollar
filing fee and within the time prescribed by this chapter,)) deliver
an annual report ((in the form prescribed by)) to the secretary
of state in accordance with section 1212 of this act. The report shall
((set forth:
(a) The name of the
corporation sole and the state or country under the laws of which it is
incorporated;
(b) The address of
the principal place of business of the corporation sole in this state including
street and number;
(c) The name and
respective address of the bishop, overseer, or presiding elder of the
corporation sole; and
(d) The corporation
sole's unified business identifier number.
(2)(a) The
information shall be given as of the date of the execution of the report. It
shall))
be executed by the corporation sole by an officer of the corporation sole or,
if the corporation sole is in the hands of a receiver or trustee, it shall be
executed on behalf of the corporation sole by such receiver or trustee.
(((b))) (2)
The secretary of state may provide that correcting or updating information
appearing on previous annual or biennial filings is sufficient to constitute
the current filing.
(3) The secretary may administratively dissolve a corporation sole that does not comply with this section in accordance with section 1603 of this act. However, the secretary shall reinstate a corporation sole administratively dissolved under this subsection if the corporation sole complies with the requirements of RCW 24.12.055 within five years of the administrative dissolution.
Sec. 9114. RCW 24.12.051 and 2011 c 183 s 7 are each amended to read as follows:
(((1) Not less
than thirty days prior to a corporation sole's renewal date,)) The
secretary of state shall send to each corporation sole((, by postal or
electronic mail, as elected by the corporation sole, addressed to its
registered office, or to an electronic address designated by the corporation
sole, in a record retained by the secretary of state,)) a notice in
accordance with section 1212 of this act that its annual report must be
filed as required by this chapter((, and stating that if it fails to file
its annual report it shall be dissolved or its certificate of authority
revoked, as the case may be. Failure of the secretary of state to send the
notice does not relieve a corporation sole from its obligation to file the
annual reports required by this chapter. The option to receive the notice
provided under this section by electronic mail may be selected only when the
secretary of state makes the option available.
(2)(a) The report
of a corporation sole shall be delivered to the secretary of state on an annual
renewal date as the secretary of state may establish. The secretary of state
may adopt rules to establish biennial reporting dates and to stagger reporting dates.
(b) If the
secretary of state finds that the report substantially conforms to the
requirements of this chapter, the secretary of state shall file that report)).
Sec. 9115. RCW 24.20.010 and 1981 c 302 s 11 are each amended to read as follows:
Any grand lodge,
encampment, chapter or any subordinate lodge or body of Free and Accepted
Masons, Independent Order of Odd Fellows, Knights of Pythias, or other
fraternal society, desiring to incorporate, shall ((make)) deliver
articles of incorporation ((in duplicate, and file one of such articles in
the office of)) to the secretary of state for filing in
accordance with part I, Article 2 of this act; such articles shall be
signed by the presiding officer and the secretary of such lodge, chapter or
encampment, and attested by the seal thereof, and shall specify:
(1) The name of such lodge or other society, and the place of holding its meetings;
(2) The name of the grand body from which it derives its rights and powers as such lodge or society; or if it be a grand lodge, the manner in which its powers as such grand lodge are derived;
(3) The names of the presiding officer and the secretary having the custody of the seal of such lodge or society;
(4) What officers shall join in the execution of any contract by such lodge or society to give it force and effect in accordance with the usages of such lodges or society.
Sec. 9116. RCW 24.20.020 and 1993 c 269 s 10 are each amended to read as follows:
The secretary of
state shall file such articles of incorporation in the secretary of state's
office and issue a certificate of incorporation to any such lodge or other
society upon the payment of the ((sum of twenty dollars)) filing fee
established by the secretary of state under section 1213 of this act.
Sec. 9117. RCW 24.24.010 and 1982 c 35 s 166 are each amended to read as follows:
Any ten or more
residents of this state who are members of any chartered body or of different
chartered bodies of any fraternal order or society who shall desire to
incorporate for the purpose of owning real or personal property or both real
and personal property for the purpose and for the benefit of such bodies, may
make and execute articles of incorporation, which shall be executed in
duplicate, and shall be subscribed by each of the persons so associating
themselves together: PROVIDED, That no lodge shall be incorporated contrary to
the provisions of the laws and regulations of the order or society of which it
is a constituent part. Such articles, at the election of the incorporators, may
either provide for the issuing of capital stock or for incorporation as a
society of corporation without shares of stock. One of such articles shall be
filed in the office of the secretary of state in accordance with part I,
Article 2 of this act, accompanied by a filing fee ((of twenty dollars))
established by the secretary of state under section 1213 of this act,
and the other of such articles shall be preserved in the records of the
corporation.
Sec. 9118. RCW 24.24.100 and 1993 c 269 s 11 are each amended to read as follows:
The secretary of
state shall file such articles of incorporation or amendment thereto in the
secretary of state's office and issue a certificate of incorporation or
amendment, as the case may be, to such fraternal association upon the payment
of a fee ((in the sum of twenty dollars)) established by the
secretary of state under section 1213 of this act.
Sec. 9119. RCW 24.28.010 and 1981 c 302 s 13 are each amended to read as follows:
Any grange of the patrons of husbandry, desiring hereafter to incorporate, may incorporate and become bodies politic in this state, by filing in the office of the secretary of state of Washington in accordance with part I, Article 2 of this act, a certificate or article subscribed and acknowledged by not less than five members of such grange and by the master of the Washington state grange embodying:
(1) The name of such grange and the place of holding its meetings.
(2) What elective officers the said grange will have, when such officers shall be elected; how, and by whom, the business of the grange shall be conducted or managed, and what officers shall join in the execution of any contract by such grange to give force and effect in accordance with the usages of the order of the patrons of husbandry; such articles shall be subscribed by the master of such grange attested by the secretary, with the seal of the grange.
(3) A copy of the bylaws of such grange shall also be filed in the said office of the secretary of state.
(4) The names of all such officers at the time of filing the application, and the time for which they may be respectively elected. When such articles shall be filed, such grange shall be a body politic and corporate, with all the incidents of a corporation, subject nevertheless to the laws and parts of laws now in force or hereafter to be passed regulating corporations.
Sec. 9120. RCW 18.100.120 and 1993 c 290 s 1 are each amended to read as follows:
Corporations
organized pursuant to this chapter shall render professional service and
exercise its authorized powers under a name permitted by law and the
professional ethics of the profession in which the corporation is so engaged.
The corporate name of a professional service corporation must ((contain
either the words "professional service" or "professional
corporation" or the abbreviation "P.S." or "P.C." The
corporate name may also contain either the words "corporation,"
"incorporated," "company," or "limited," or the
abbreviation "corp.," "inc.," "co.," or
"ltd.")) comply with the requirements of part I, Article 3 of
this act. With the filing of its first annual report and any filings
thereafter, a professional service corporation shall list its then
shareholders((: PROVIDED, That notwithstanding the foregoing provisions of
this section, the corporate name of a corporation organized to render dental
services shall contain the full names or surnames of all shareholders and no
other word than "chartered" or the words "professional
services" or the abbreviation "P.S." or "P.C.")).
NEW SECTION. Sec. 9121. The following acts or parts of acts are each repealed:
(1) RCW 23.86.155 (Failure to appoint registered agent—Removal—Reinstatement) and 1989 c 307 s 35;
(2) RCW 23.86.300 (Application of RCW 24.06.055 and 24.06.060) and 1989 c 307 s 14;
(3) RCW 23.86.320 (Application of RCW 24.06.445) and 1989 c 307 s 16;
(4) RCW 23.86.335 (Application of RCW 23B.14.203—Name not distinguishable from name of governmental entity) and 1997 c 12 s 8;
(5) RCW 23.86.340 (Application of RCW 23B.14.220—Reinstatement) and 1991 c 72 s 22 & 1989 c 307 s 18;
(6) RCW 24.12.060 (Administrative dissolution or revocation of a certificate of authority—Corporation name not distinguishable from name of governmental entity—Application by governmental entity) and 1997 c 12 s 4;
(7) RCW 24.20.040 (Reincorporation) and 1903 c 80 s 4;
(8) RCW 24.20.050 (Administrative dissolution or revocation of a certificate of authority—Corporation name not distinguishable from name of governmental entity—Application by governmental entity) and 1997 c 12 s 5;
(9) RCW 24.24.130 (Administrative dissolution or revocation of a certificate of authority—Corporation name not distinguishable from name of governmental entity—Application by governmental entity) and 1997 c 12 s 6; and
(10) RCW 24.28.045 (Administrative dissolution or revocation of a certificate of authority—Corporation name not distinguishable from name of governmental entity—Application by governmental entity) and 1997 c 12 s 7."
Correct the title.
Signed by Representatives Jinkins, Chair; Kilduff, Vice Chair; Rodne, Ranking Minority Member; Shea, Assistant Ranking Minority Member; Goodman; Haler; Hansen; Kirby; Klippert; Muri; Orwall; Stokesbary and Walkinshaw.
Passed to Committee on Rules for second reading.
April 1, 2015
SB 5395 Prime Sponsor, Senator Roach: Modifying exemptions relating to real estate appraisals. Reported by Committee on State Government
MAJORITY recommendation: Do pass. Signed by Representatives Hunt, S., Chair; Bergquist, Vice Chair; Holy, Ranking Minority Member; Van Werven, Assistant Ranking Minority Member; Appleton and Gregory.
MINORITY recommendation: Without recommendation. Signed by Representative Hawkins.
Passed to Committee on Rules for second reading.
April 1, 2015
SB 5396 Prime Sponsor, Senator Roach: Exempting information of guardians or family members of children enrolled in child care, early learning, parks and recreation, after-school, and youth development programs. Reported by Committee on State Government
MAJORITY recommendation: Do pass. Signed by Representatives Hunt, S., Chair; Bergquist, Vice Chair; Holy, Ranking Minority Member; Van Werven, Assistant Ranking Minority Member; Appleton; Gregory and Hawkins.
Passed to Committee on Rules for second reading.
April 1, 2015
SSB 5411 Prime Sponsor, Committee on Government Operations & Security: Providing liability immunity for local jurisdictions when wheeled all-terrain vehicles are operated on public roadways. Reported by Committee on Judiciary
MAJORITY recommendation: Do pass. Signed by Representatives Jinkins, Chair; Kilduff, Vice Chair; Rodne, Ranking Minority Member; Shea, Assistant Ranking Minority Member; Goodman; Haler; Hansen; Kirby; Klippert; Muri; Orwall; Stokesbary and Walkinshaw.
Passed to Committee on Rules for second reading.
March 25, 2015
SB 5466 Prime Sponsor, Senator Becker: Clarifying employee eligibility for benefits from the public employees' benefits board and conforming the eligibility provisions with federal law. Reported by Committee on Appropriations
MAJORITY recommendation: Do pass. Signed by Representatives Hunter, Chair; Ormsby, Vice Chair; Chandler, Ranking Minority Member; Parker, Assistant Ranking Minority Member; Wilcox, Assistant Ranking Minority Member; Carlyle; Cody; Dunshee; Fagan; Haler; Hansen; Hudgins; Jinkins; Kagi; Lytton; MacEwen; Magendanz; Pettigrew; Sawyer; Schmick; Senn; Springer; Stokesbary; Sullivan; Tharinger and Walkinshaw.
MINORITY recommendation: Do not pass. Signed by Representatives Buys; Hunt, G.; Taylor and Van Werven.
MINORITY recommendation: Without recommendation. Signed by Representatives Condotta and Dent.
Passed to Committee on Rules for second reading.
April 1, 2015
SB 5482 Prime Sponsor, Senator Roach: Addressing the disclosure of global positioning system data by law enforcement officers. Reported by Committee on State Government
MAJORITY recommendation: Do pass. Signed by Representatives Hunt, S., Chair; Bergquist, Vice Chair; Holy, Ranking Minority Member; Van Werven, Assistant Ranking Minority Member; Appleton; Gregory and Hawkins.
Passed to Committee on Rules for second reading.
April 1, 2015
SB 5491 Prime Sponsor, Senator Parlette: Maintaining reservations of water for certain future uses. Reported by Committee on Agriculture & Natural Resources
MAJORITY recommendation:
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1. A new section is added to chapter 90.54 RCW to read as follows:
(1) Except as otherwise provided in this section, all reservations of water for certain future uses included in rules establishing minimum levels and flows that were adopted and amended pursuant to this chapter or chapter 90.22 RCW after the year 2001 and prior to the supreme court of Washington's October 3, 2013, opinion in Swinomish Indian Tribal Community v. Washington State Department of Ecology are consistent with legislative intent and specifically authorized to be maintained and implemented by the department.
(2) This section does not:
(a) Apply to the amended rule at issue in the supreme court of Washington's October 3, 2013, opinion in Swinomish Indian Tribal Community v. Washington State Department of Ecology; or
(b) Alter or affect the department's authority to adopt, amend, or repeal rules establishing minimum instream levels and flows. However, the department may not amend a rule affected by this section to increase the reservations of water for certain future uses."
Correct the title.
Do pass as amended. Signed by Representatives Blake, Chair; Lytton, Vice Chair; Buys, Ranking Minority Member; Dent, Assistant Ranking Minority Member; Chandler; Dunshee; Hurst; Pettigrew; Stanford and Van De Wege.
MINORITY recommendation: Do not pass. Signed by Representatives Orcutt and Schmick.
Passed to Committee on Rules for second reading.
April 1, 2015
ESB 5524 Prime Sponsor, Senator Sheldon: Enhancing the employment of persons with disabilities. Reported by Committee on State Government
MAJORITY recommendation: Do pass. Signed by Representatives Hunt, S., Chair; Bergquist, Vice Chair; Holy, Ranking Minority Member; Van Werven, Assistant Ranking Minority Member; Appleton; Gregory and Hawkins.
Passed to Committee on Rules for second reading.
April 1, 2015
SSB 5538 Prime Sponsor, Committee on Financial Institutions & Insurance: Concerning procedures and requirements relating to the death of a tenant. Reported by Committee on Judiciary
MAJORITY recommendation: Do pass as amended.
Strike everything after the enacting clause and insert the following:
"Sec. 1. RCW 59.18.030 and 2012 c 41 s 2 are each reenacted and amended to read as follows:
As used in this chapter:
(1) "Certificate of inspection" means an unsworn statement, declaration, verification, or certificate made in accordance with the requirements of RCW 9A.72.085 by a qualified inspector that states that the landlord has not failed to fulfill any substantial obligation imposed under RCW 59.18.060 that endangers or impairs the health or safety of a tenant, including (a) structural members that are of insufficient size or strength to carry imposed loads with safety, (b) exposure of the occupants to the weather, (c) plumbing and sanitation defects that directly expose the occupants to the risk of illness or injury, (d) not providing facilities adequate to supply heat and water and hot water as reasonably required by the tenant, (e) providing heating or ventilation systems that are not functional or are hazardous, (f) defective, hazardous, or missing electrical wiring or electrical service, (g) defective or hazardous exits that increase the risk of injury to occupants, and (h) conditions that increase the risk of fire.
(2) "Distressed home" has the same meaning as in RCW 61.34.020.
(3) "Distressed home conveyance" has the same meaning as in RCW 61.34.020.
(4) "Distressed home purchaser" has the same meaning as in RCW 61.34.020.
(5) "Dwelling unit" is a structure or that part of a structure which is used as a home, residence, or sleeping place by one person or by two or more persons maintaining a common household, including but not limited to single-family residences and units of multiplexes, apartment buildings, and mobile homes.
(6) "Gang" means a group that: (a) Consists of three or more persons; (b) has identifiable leadership or an identifiable name, sign, or symbol; and (c) on an ongoing basis, regularly conspires and acts in concert mainly for criminal purposes.
(7) "Gang-related activity" means any activity that occurs within the gang or advances a gang purpose.
(8) "In danger of foreclosure" means any of the following:
(a) The homeowner has defaulted on the mortgage and, under the terms of the mortgage, the mortgagee has the right to accelerate full payment of the mortgage and repossess, sell, or cause to be sold the property;
(b) The homeowner is at least thirty days delinquent on any loan that is secured by the property; or
(c) The homeowner has a good faith belief that he or she is likely to default on the mortgage within the upcoming four months due to a lack of funds, and the homeowner has reported this belief to:
(i) The mortgagee;
(ii) A person licensed or required to be licensed under chapter 19.134 RCW;
(iii) A person licensed or required to be licensed under chapter 19.146 RCW;
(iv) A person licensed or required to be licensed under chapter 18.85 RCW;
(v) An attorney-at-law;
(vi) A mortgage counselor or other credit counselor licensed or certified by any federal, state, or local agency; or
(vii) Any other party to a distressed property conveyance.
(9) "Landlord" means the owner, lessor, or sublessor of the dwelling unit or the property of which it is a part, and in addition means any person designated as representative of the owner, lessor, or sublessor including, but not limited to, an agent, a resident manager, or a designated property manager.
(10) "Mortgage" is used in the general sense and includes all instruments, including deeds of trust, that are used to secure an obligation by an interest in real property.
(11) "Owner" means one or more persons, jointly or severally, in whom is vested:
(a) All or any part of the legal title to property; or
(b) All or part of the beneficial ownership, and a right to present use and enjoyment of the property.
(12) "Person" means an individual, group of individuals, corporation, government, or governmental agency, business trust, estate, trust, partnership, or association, two or more persons having a joint or common interest, or any other legal or commercial entity.
(13) "Premises" means a dwelling unit, appurtenances thereto, grounds, and facilities held out for the use of tenants generally and any other area or facility which is held out for use by the tenant.
(14) "Property" or "rental property" means all dwelling units on a contiguous quantity of land managed by the same landlord as a single, rental complex.
(15) "Prospective landlord" means a landlord or a person who advertises, solicits, offers, or otherwise holds a dwelling unit out as available for rent.
(16) "Prospective tenant" means a tenant or a person who has applied for residential housing that is governed under this chapter.
(17) "Qualified inspector" means a United States department of housing and urban development certified inspector; a Washington state licensed home inspector; an American society of home inspectors certified inspector; a private inspector certified by the national association of housing and redevelopment officials, the American association of code enforcement, or other comparable professional association as approved by the local municipality; a municipal code enforcement officer; a Washington licensed structural engineer; or a Washington licensed architect.
(18) "Reasonable attorneys' fees," where authorized in this chapter, means an amount to be determined including the following factors: The time and labor required, the novelty and difficulty of the questions involved, the skill requisite to perform the legal service properly, the fee customarily charged in the locality for similar legal services, the amount involved and the results obtained, and the experience, reputation and ability of the lawyer or lawyers performing the services.
(19) "Rental agreement" means all agreements which establish or modify the terms, conditions, rules, regulations, or any other provisions concerning the use and occupancy of a dwelling unit.
(20) A "single-family residence" is a structure maintained and used as a single dwelling unit. Notwithstanding that a dwelling unit shares one or more walls with another dwelling unit, it shall be deemed a single-family residence if it has direct access to a street and shares neither heating facilities nor hot water equipment, nor any other essential facility or service, with any other dwelling unit.
(21) A "tenant" is any person who is entitled to occupy a dwelling unit primarily for living or dwelling purposes under a rental agreement.
(22) "Tenant screening" means using a consumer report or other information about a prospective tenant in deciding whether to make or accept an offer for residential rental property to or from a prospective tenant.
(23) "Tenant screening report" means a consumer report as defined in RCW 19.182.010 and any other information collected by a tenant screening service.
(24) "Commercially reasonable manner," with respect to a sale of a deceased tenant’s personal property, means a sale where every aspect of the sale, including the method, manner, time, place, and other terms, must be commercially reasonable. If commercially reasonable, a landlord may sell the tenant’s property by public or private proceedings, by one or more contracts, as a unit or in parcels, and at any time and place and on any terms.
(25) "Designated person" means a person designated by the tenant under section 2 of this act.
(26) "Reasonable manner," with respect to disposing of a deceased tenant's personal property, means to dispose of the property by donation to a not-for-profit charitable organization, by removal of the property by a trash hauler or recycler, or by any other method that is reasonable under the circumstances.
(27) "Tenant representative" means:
(a) A personal representative of a deceased tenant's estate if known to the landlord;
(b) If the landlord has no knowledge that a personal representative has been appointed for the deceased tenant's estate, a person claiming to be a successor of the deceased tenant who has provided the landlord with proof of death and an affidavit made by the person that meets the requirements of RCW 11.62.010(2);
(c) In the absence of a personal representative under (a) of this subsection or a person claiming to be a successor under (b) of this subsection, a designated person; or
(d) In the absence of a personal representative under (a) of this subsection, a person claiming to be a successor under (b) of this subsection, or a designated person under (c) of this subsection, any person who provides the landlord with reasonable evidence that he or she is a successor of the deceased tenant as defined in RCW 11.62.005. The landlord has no obligation to identify all of the deceased tenant’s successors.
NEW SECTION. Sec. 2. A new section is added to chapter 59.18 RCW to read as follows:
(1)(a) At a landlord's request, the tenant may designate a person to act for the tenant on the tenant's death when the tenant is the sole occupant of the dwelling unit.
(b) Any designation must be in writing, be separate from the rental agreement, and include:
(i) The designated person's name, mailing address, any address used for the receipt of electronic communications, and telephone number;
(ii) A signed statement authorizing the landlord in the event of the tenant's death when the tenant is the sole occupant of the dwelling unit to allow the designated person to: access the tenant's dwelling unit, remove the tenant's property, receive refunds of amounts due to the tenant, and dispose of the tenant's property consistent with the tenant's last will and testament and any applicable intestate succession law; and
(iii) A conspicuous statement that the designation remains in effect until it is revoked in writing by the tenant or replaced with a new designation.
(2) A tenant may, without request from the landlord, designate a person to act for the tenant on the tenant's death when the tenant is the sole occupant of the dwelling unit by providing the landlord with the information and signing a statement as provided in subsection (1) of this section.
(3) The tenant may change the designated person or revoke any previous designation in writing at any time prior to his or her death.
(4) Once the landlord or the designated person knows of the appointment of a personal representative for the deceased tenant's estate or of a person claiming to be a successor of the deceased tenant who has provided the landlord with proof of death and an affidavit made by the person that meets the requirements of RCW 11.62.010(2), the designated person's authority to act under this section terminates.
NEW SECTION. Sec. 3. A new section is added to chapter 59.18 RCW to read as follows:
(1) In the event of the death of a tenant who is the sole occupant of the dwelling unit:
(a) The landlord must mail or personally deliver written notice to any known personal representative, known designated person, emergency contact identified by the tenant on the rental application, known person reasonably believed to be a successor of the tenant as defined in RCW 11.62.005, and to the deceased tenant at the address of the dwelling unit. If the landlord knows of any address used for the receipt of electronic communications, the landlord must email the notice to that address as well. The notice must include:
(i) The name of the deceased tenant and address of the dwelling unit;
(ii) The approximate date of the deceased tenant's death;
(iii) The rental amount and date through which rent is paid;
(iv) A statement that the tenancy will terminate fifteen days from the date the notice is mailed or personally delivered or the date through which rent is paid, whichever comes later, unless during that time period a tenant representative makes arrangements with the landlord to pay rent in advance for no more than sixty days from the date of the tenant's death to allow a tenant representative to arrange for orderly removal of the tenant's property. At the end of the period for which the rent has been paid pursuant to this subsection, the tenancy ends;
(v) A statement that failure to remove the tenant's property before the tenancy is terminated or ends as provided in (a)(iv) of this subsection will allow the landlord to enter the dwelling unit and take possession of any property found on the premises, store it in a reasonably secure place, and charge the actual or reasonable costs, whichever is less, of drayage and storage of the property, and after service of a second forty-five day notice sell or dispose of the property as provided in subsection (2) of this section; and
(vi) A copy of any designation executed by the tenant pursuant to section 2 of this act;
(b) The landlord shall turn over possession of the tenant's property to a tenant representative if a request is made in writing within the specified time period or any subsequent date agreed to by the parties;
(c) Within fourteen days after the removal of the property by the tenant representative, the landlord shall refund any unearned rent and shall give a full and specific statement of the basis for retaining any deposit together with the payment of any refund due the deceased tenant under the terms and conditions of the rental agreement to the tenant representative; and
(d) Any tenant representative who removes property from the tenant's dwelling unit or the premises must, at the time of removal, provide to the landlord an inventory of the removed property and signed acknowledgment that he or she has only been given possession and not ownership of the property.
(2) If the landlord places the property in storage pursuant to subsection (1)(a) of this section, the landlord must mail a second written notice to any known personal representative, known designated person, emergency contact identified by the tenant on the rental application, known person reasonably believed to be a successor of the tenant as defined in RCW 11.62.005, and to the deceased tenant at the dwelling unit. The second notice must state that the landlord may sell or dispose of the property on or after a specified date that is at least forty-five days after the second notice is mailed if a tenant representative does not claim and remove the property in accordance with this subsection.
(a) The landlord shall turn over possession of the tenant’s property to a tenant representative if a written request is made within forty-five days after the second notice is mailed, provided the tenant representative: (i) pays the actual or reasonable costs, whichever is less, of drayage and storage of the property; and (ii) gives the landlord an inventory of the property and signs an acknowledgment that he or she has only been given possession and not ownership of the property.
(b) Within fourteen days after the removal of the property by the tenant representative, the landlord shall refund any unearned rent and shall give a full and specific statement of the basis for retaining any deposit together with the payment of any refund due the deceased tenant under the terms and conditions of the rental agreement to the tenant representative.
(c) If the landlord is not contacted within the forty-five day notice period by a tenant representative entitled to remove the property under this section, the landlord may sell or dispose of the deceased tenant's property, except for personal papers and personal photographs, as provided in this subsection.
(i) If the landlord reasonably estimates the fair market value of the stored property to be more than one thousand dollars, the landlord shall arrange to sell the property in a commercially reasonable manner and may dispose of any property that remains unsold in a reasonable manner.
(ii) If the value of the stored property does not meet the threshold provided in (c)(i) of this subsection, the landlord may dispose of the property in a reasonable manner.
(iii) The landlord may apply any income derived from the sale of the property pursuant to this section against any costs of sale and moneys due the landlord, including actual or reasonable costs, whichever is less, of drayage and storage of the deceased tenant's property. Any excess income derived from the sale of such property under this section must be held by the landlord for a period of one year from the date of sale, and if no claim is made for recovery of the excess income before the expiration of that one-year period, the balance must be treated as abandoned property and deposited by the landlord with the department of revenue pursuant to chapter 63.29 RCW.
(d) Personal papers and personal photographs that are not claimed by a tenant representative within ninety days after a sale or other disposition of the deceased tenant's other property shall be either destroyed or held for the benefit of any successor of the deceased tenant as defined in RCW 11.62.005.
(e) No landlord or employee of a landlord, or his or her family members, may acquire, directly or indirectly, the property sold pursuant to (c)(i) of this subsection or disposed of pursuant to (c)(ii) of this subsection.
(3) Upon learning of the death of the tenant, the landlord may enter the deceased tenant's dwelling unit and immediately dispose of any perishable food, hazardous materials, and garbage found on the premises and turn over animals to a tenant representative or to an animal control officer, humane society, or other individual or organization willing to care for the animals.
(4) Any notices sent by the landlord under this section must include a mailing address, any address used for the receipt of electronic communications, and a telephone number of the landlord.
(5) If a landlord knowingly violates this section, the landlord is liable to the deceased tenant's estate for actual damages. The prevailing party in any action pursuant to this subsection may recover costs and reasonable attorneys' fees.
(6) A landlord who complies with this section is relieved from any liability relating to the deceased tenant's property.
Sec. 4. RCW 59.18.310 and 2011 c 132 s 16 are each amended to read as follows:
(1) If the tenant defaults in the payment of rent and reasonably indicates by words or actions the intention not to resume tenancy, the tenant shall be liable for the following for such abandonment: PROVIDED, That upon learning of such abandonment of the premises the landlord shall make a reasonable effort to mitigate the damages resulting from such abandonment:
(((1))) (a) When the tenancy is month-to-month, the tenant shall be liable for the rent for the thirty days following either the date the landlord learns of the abandonment, or the date the next regular rental payment would have become due, whichever first occurs.
(((2))) (b) When the tenancy is for a term greater than month-to-month, the tenant shall be liable for the lesser of the following:
(((a))) (i) The entire rent due for the remainder of the term; or
(((b))) (ii) All rent accrued during the period reasonably necessary to rerent the premises at a fair rental, plus the difference between such fair rental and the rent agreed to in the prior agreement, plus actual costs incurred by the landlord in rerenting the premises together with statutory court costs and reasonable attorneys' fees.
(2) In the event of such abandonment of tenancy and an accompanying default in the payment of rent by the tenant, the landlord may immediately enter and take possession of any property of the tenant found on the premises and may store the same in any reasonably secure place. A landlord shall make reasonable efforts to provide the tenant with a notice containing the name and address of the landlord and the place where the property is stored and informing the tenant that a sale or disposition of the property shall take place pursuant to this section, and the date of the sale or disposal, and further informing the tenant of the right under RCW 59.18.230 to have the property returned prior to its sale or disposal. The landlord's efforts at notice under this subsection shall be satisfied by the mailing by first-class mail, postage prepaid, of such notice to the tenant's last known address and to any other address provided in writing by the tenant or actually known to the landlord where the tenant might receive the notice. The landlord shall return the property to the tenant after the tenant has paid the actual or reasonable drayage and storage costs whichever is less if the tenant makes a written request for the return of the property before the landlord has sold or disposed of the property. After forty-five days from the date the notice of such sale or disposal is mailed or personally delivered to the tenant, the landlord may sell or dispose of such property, including personal papers, family pictures, and keepsakes. The landlord may apply any income derived therefrom against moneys due the landlord, including actual or reasonable costs whichever is less of drayage and storage of the property. If the property has a cumulative value of two hundred fifty dollars or less, the landlord may sell or dispose of the property in the manner provided in this section, except for personal papers, family pictures, and keepsakes, after seven days from the date the notice of sale or disposal is mailed or personally delivered to the tenant: PROVIDED, That the landlord shall make reasonable efforts, as defined in this section, to notify the tenant. Any excess income derived from the sale of such property under this section shall be held by the landlord for the benefit of the tenant for a period of one year from the date of sale, and if no claim is made or action commenced by the tenant for the recovery thereof prior to the expiration of that period of time, the balance shall be the property of the landlord, including any interest paid on the income.
(3) This section does not apply to the disposition of property of a deceased tenant. Section 3 of this act governs the disposition of property on the death of a tenant when the tenant is the sole occupant of the dwelling unit."
Signed by Representatives Jinkins, Chair; Kilduff, Vice Chair; Rodne, Ranking Minority Member; Goodman; Hansen; Kirby; Muri; Orwall; Stokesbary and Walkinshaw.
MINORITY recommendation: Do not pass. Signed by Representatives Shea, Assistant Ranking Minority Member; Haler and Klippert.
Passed to Committee on Rules for second reading.
March 31, 2015
E2SSB 5564 Prime Sponsor, Committee on Ways & Means: Concerning the sealing of juvenile records and fines imposed in juvenile cases. Reported by Committee on General Government & Information Technology
MAJORITY recommendation: Do pass as amended by Committee on Early Learning & Human Services. Signed by Representatives Hudgins, Chair; Senn, Vice Chair; MacEwen, Ranking Minority Member; Caldier, Assistant Ranking Minority Member; McCabe; Morris and Takko.
Passed to Committee on Rules for second reading.
April 1, 2015
SB 5587 Prime Sponsor, Senator Becker: Authorizing funding and expenditures for the hosting of the annual conference of the national association of state treasurers. Reported by Committee on State Government
MAJORITY recommendation: Do pass. Signed by Representatives Hunt, S., Chair; Bergquist, Vice Chair; Holy, Ranking Minority Member; Van Werven, Assistant Ranking Minority Member; Appleton; Gregory and Hawkins.
Passed to Committee on Rules for second reading.
April 1, 2015
ESSB 5607 Prime Sponsor, Committee on Human Services, Mental Health & Housing: Concerning the complaint procedure for the modification or termination of guardianship. Reported by Committee on Judiciary
MAJORITY recommendation: Do pass as amended.
Strike everything after the enacting clause and insert the following:
"Sec. 1. RCW 11.88.120 and 1991 c 289 s 7 are each amended to read as follows:
(1) At any time
after establishment of a guardianship or appointment of a guardian, the court
may, upon the death of the guardian or limited guardian, or, for other good
reason, modify or terminate the guardianship or replace the guardian or limited
guardian((.
(2) Any person,
including an incapacitated person, may apply to the court for an order to
modify or terminate a guardianship or to replace a guardian or limited
guardian. If applicants are represented by counsel, counsel shall move for an
order to show cause why the relief requested should not be granted. If
applicants are not represented by counsel, they may move for an order to show
cause, or they may deliver a written request to the clerk of the court.
(3) By the next
judicial day after receipt of an unrepresented person's request to modify or
terminate a guardianship order, or to replace a guardian or limited guardian,
the clerk shall deliver the request to the court. The court may (a) direct the
clerk to schedule a hearing, (b) appoint a guardian ad litem to investigate the
issues raised by the application or to take any emergency action the court
deems necessary to protect the incapacitated person until a hearing can be
held, or (c) deny the application without scheduling a hearing, if it appears
based on documents in the court file that the application is frivolous. Any
denial of an application without a hearing shall be in writing with the reasons
for the denial explained. A copy of the order shall be mailed by the clerk to
the applicant, to the guardian, and to any other person entitled to receive
notice of proceedings in the matter. Unless within thirty days after receiving
the request from the clerk the court directs otherwise, the clerk shall
schedule a hearing on the request and mail notice to the guardian, the
incapacitated person, the applicant, all counsel of record, and any other
person entitled to receive notice of proceedings in the matter.
(4) In a hearing on
an application to modify or terminate a guardianship, or to replace a guardian
or limited guardian, the court may grant such relief as it deems just and in
the best interest of the incapacitated person.
(5))) or modify the
authority of a guardian or limited guardian. Such action may be taken based on
the court's own motion, based on a motion by an attorney for a person or
entity, based on a motion of a person or entity representing themselves, or
based on a written complaint, as described in this section. The court may grant
relief under this section as it deems just and in the best interest of the
incapacitated person. For any hearing to modify or terminate a guardianship,
the incapacitated person shall be given reasonable notice of the hearing and of
the incapacitated person's right to be represented at the hearing by counsel of
his or her own choosing.
(2)(a) An unrepresented person or entity may submit a complaint to the court. Complaints must be addressed to one of the following designees of the court: The clerk of the court having jurisdiction in the guardianship, the court administrator, or the guardianship monitoring program, and must identify the complainant and the incapacitated person who is the subject of the guardianship. The complaint must also provide the complainant's address, the case number (if available), and the address of the incapacitated person (if available). The complaint must state facts to support the claim.
(b) By the next judicial day after receipt of a complaint from an unrepresented person, the court's designee must ensure the original complaint is filed and deliver the complaint to the court.
(c) Within fourteen days of being presented with a complaint, the court must enter an order to do one or more of the following actions:
(i) To show cause, with fourteen days' notice, directing the guardian to appear at a hearing set by the court in order to respond to the complaint;
(ii) To appoint a guardian ad litem to investigate the issues raised by the complaint or to take any emergency action the court deems necessary to protect the incapacitated person until a hearing can be held;
(iii) To dismiss the complaint without scheduling a hearing, if it appears to the court that the complaint: Is without merit on its face; is filed in other than good faith; is filed for an improper purpose; regards issues that have already been adjudicated; or is frivolous. In making a determination, the court may review the matter and consider previous behavior of the complainant that is documented in the guardianship record;
(iv) To direct the guardian to provide, in not less than fourteen days, a written report to the court on the issues raised in the complaint;
(v) To defer consideration of the complaint until the next regularly scheduled hearing in the guardianship, if the date of that hearing is within the next three months, provided that there is no indication that the incapacitated person will suffer physical, emotional, financial, or other harm as a result of the court's deferral of consideration;
(vi) To order other action, in the court's discretion, in addition to doing one or more of the actions set out in this subsection.
(d) If after consideration of the complaint, the court believes that the complaint is made without justification or for reason to harass or delay or with malice or other bad faith, the court has the power to levy necessary sanctions, including but not limited to the imposition of reasonable attorney fees, costs, fees, striking pleadings, or other appropriate relief.
(3) The court may order persons who have been removed as guardians to deliver any property or records belonging to the incapacitated person in accordance with the court's order. Similarly, when guardians have died or been removed and property or records of an incapacitated person are being held by any other person, the court may order that person to deliver it in accordance with the court's order. Disobedience of an order to deliver shall be punishable as contempt of court.
(4) The administrative office of the courts must develop and prepare in consultation with interested persons, a model form for the complaint described in subsection (2)(a) of this section and a model form for the order that must be issued by the court under subsection (2)(c) of this section.
(5) The board may send a grievance it has received regarding an active guardian case to the court's designee with a request that the court review the grievance and take any action the court deems necessary. This type of request from the board must be treated as a complaint under this section and the person who sent the complaint must be treated as the complainant. The court must direct the clerk to transmit a copy of its order to the board. The board must consider the court order when taking any further action and note the court order in any final determination.
(6) In any court action under this section that involves a professional guardian, the court must direct the clerk of the court to send a copy of the order entered under this section to the board.
(7) The definitions in this subsection apply throughout this section unless the context clearly requires otherwise.
(a) "Board" means the certified professional guardianship board.
(b) "Complaint" means a written submission by an unrepresented person or entity, who is referred to as the complainant."
Correct the title.
Signed by Representatives Jinkins, Chair; Kilduff, Vice Chair; Goodman; Hansen; Kirby; Orwall and Walkinshaw.
MINORITY recommendation: Do not pass. Signed by Representatives Shea, Assistant Ranking Minority Member; Haler and Klippert.
MINORITY recommendation: Without recommendation. Signed by Representatives Rodne, Ranking Minority Member; Muri and Stokesbary.
Passed to Committee on Rules for second reading.
March 31, 2015
SSB 5631 Prime Sponsor, Committee on Human Services, Mental Health & Housing: Concerning the administration of a statewide network of community-based domestic violence victim services by the department of social and health services. Reported by Committee on Public Safety
MAJORITY recommendation: Do pass as amended.
Strike everything after the enacting clause and insert the following:
"Sec. 1. RCW 70.123.010 and 1979 ex.s. c 245 s 1 are each amended to read as follows:
(1) The legislature
finds that domestic violence is an issue of ((growing)) serious
concern at all levels of society and government and that there is a ((present
and growing)) pressing need ((to develop)) for
innovative strategies to address and prevent domestic violence and to
strengthen services which will ameliorate and reduce the trauma of domestic
violence and enhance survivors' resiliency and autonomy. ((Research
findings show that domestic violence constitutes a significant percentage of
homicides, aggravated assaults, and assaults and batteries in the United
States. Domestic violence is a disruptive influence on personal and community
life and is often interrelated with a number of other family problems and
stresses.))
(2) The legislature
finds that there are a wide range of consequences to domestic violence,
including deaths, injuries, hospitalizations, homelessness, employment
problems, property damage, and lifelong physical and psychological impacts on
victims and their children. These impacts also affect victims' friends and
families, neighbors, employers, landlords, law enforcement, the courts, the
health care system, and Washington state and society as a whole. Advocacy and shelters for victims
of domestic violence are essential to provide ((protection)) support
to victims ((from)) in preventing further abuse ((and physical
harm)) and to help ((the victim find)) victims assess and plan
for their immediate and longer term safety, including finding long-range
alternative living situations, if requested. ((Shelters provide safety,
refuge, advocacy, and helping resources to victims who may not have access to
such things if they remain in abusive situations.
The legislature therefore
recognizes the need for the statewide development and expansion of shelters for
victims of domestic violence.))
(3) Thus, it is the intent of the legislature to:
(a) Provide for a statewide network of supportive services, emergency shelter services, and advocacy for victims of domestic violence and their dependents;
(b) Provide for culturally relevant and appropriate services for victims of domestic violence and their children from populations that have been traditionally unserved or underserved;
(c) Provide for a statewide domestic violence information and referral resource;
(d) Assist communities in efforts to increase public awareness about, and primary and secondary prevention of domestic violence;
(e) Provide for the collection, analysis, and dissemination of current information related to emerging issues and model and promising practices related to preventing and intervening in situations involving domestic violence; and
(f) Provide for ongoing training and technical assistance for individuals working with victims in community-based domestic violence programs and other persons seeking such training and technical assistance.
Sec. 2. RCW 70.123.020 and 2008 c 6 s 303 are each amended to read as follows:
((Unless the context
clearly requires otherwise,)) The definitions in this section apply
throughout this chapter unless the context clearly requires otherwise.
(1)
"Shelter" means ((a place of temporary refuge, offered on a
twenty-four hour, seven day per week basis)) temporary lodging and
supportive services, offered by community-based domestic violence programs
to victims of domestic violence and their children.
(2) "Domestic
violence" ((is)) means the infliction or threat of physical harm
against an intimate partner, and includes physical, sexual, and psychological
abuse against the partner, and is a part of a pattern of assaultive, coercive,
and controlling behaviors directed at achieving compliance from or control over
that intimate partner. It may include, but is not limited to, a
categorization of offenses, as defined in RCW 10.99.020, committed by one ((cohabitant))
intimate partner against another.
(3) "Department" means the department of social and health services.
(4)
"Victim" means ((a cohabitant)) an intimate partner who
has been subjected to domestic violence.
(5) "((Cohabitant))
Intimate partner" means a person who is or was married, in a state
registered domestic partnership, or ((cohabiting with another person))
in an intimate or dating relationship with another person at the present
or at sometime in the past. Any person who has one or more children in common
with another person, regardless of whether they have been married, in a
domestic partnership with each other, or lived together at any time, shall be
treated as ((a cohabitant)) an intimate partner.
(6) "Community
advocate" means a person employed or supervised by a ((local))
community-based domestic violence program who is trained to
provide ongoing assistance ((to)) and advocacy for victims of
domestic violence in assessing and planning for safety needs, ((documenting
the incidents and the extent of violence for possible use in the legal system,))
making appropriate social service, legal, and housing referrals, ((and
developing protocols and)) providing community education,
maintaining ((ongoing)) contacts necessary for prevention efforts,
and developing protocols for local systems coordination.
(7) "Domestic
violence program" means an agency ((that provides shelter, advocacy,
and counseling for domestic violence victims in a supportive environment)),
organization, or program with a primary purpose and a history of effective work
in providing advocacy, safety assessment and planning, and self-help services
for domestic violence in a supportive environment, and includes, but is not
limited to, a community-based domestic violence program, emergency shelter, or
domestic violence transitional housing program.
(8) "Legal advocate" means a person employed by a domestic violence program or court system to advocate for victims of domestic violence, within the criminal and civil justice systems, by attending court proceedings, assisting in document and case preparation, and ensuring linkage with the community advocate.
(9) "Secretary" means the secretary of the department of social and health services or the secretary's designee.
(10) "Community-based domestic violence program" means a nonprofit program or organization that provides, as its primary purpose, assistance and advocacy for domestic violence victims. Domestic violence assistance and advocacy includes crisis intervention, individual and group support, information and referrals, and safety assessment and planning. Domestic violence assistance and advocacy may also include, but is not limited to: Provision of shelter, emergency transportation, self-help services, culturally specific services, legal advocacy, economic advocacy, community education, primary and secondary prevention efforts, and accompaniment and advocacy through medical, legal, immigration, human services, and financial assistance systems. Domestic violence programs that are under the auspices of, or the direct supervision of, a court, law enforcement or prosecution agency, or the child protective services section of the department as defined in RCW 26.44.020, are not considered community-based domestic violence programs.
(11) "Emergency shelter" means a place of supportive services and safe, temporary lodging offered on a twenty-four hour, seven-day per week basis to victims of domestic violence and their children.
(12) "Domestic violence coalition" means a statewide nonprofit domestic violence organization that has a membership that includes the majority of the primary purpose, community-based domestic violence programs in the state, has board membership that is representative of community-based, primary purpose domestic violence programs, and has as its purpose to provide education, support, and technical assistance to such community-based, primary purpose domestic violence programs and to assist the programs in providing shelter, advocacy, supportive services, and prevention efforts for victims of domestic violence and dating violence and their dependents.
Sec. 3. RCW 70.123.030 and 2005 c 374 s 4 are each amended to read as follows:
The department of
social and health services, in consultation with ((the state department of
health, and individuals or groups having experience and knowledge of the
problems of victims of domestic violence)) relevant state departments,
the domestic violence coalition, and individuals or groups having experience
and knowledge of the prevention of, and the problems facing victims of domestic
violence, including those with experience providing culturally appropriate
services to populations that have traditionally been underserved or unserved,
shall:
(1) Develop and maintain a plan for delivering domestic violence victim services, prevention efforts, and access to emergency shelter across the state. In developing the plan under this section, the department shall consider the distribution of community-based domestic violence programs and emergency shelter programs in a particular geographic area, population density, and specific population needs, including the needs in rural and urban areas, the availability and existence of domestic violence outreach and prevention activities, and the need for culturally and linguistically appropriate services. The department shall also develop and maintain a plan for providing a statewide toll-free information and referral hotline or other statewide accessible information and referral service for victims of domestic violence;
(2) Establish minimum
standards for ((shelters)) community-based domestic violence
programs, emergency shelter programs, programs providing culturally or
linguistically specific services, programs providing prevention and
intervention services to children or youth, and programs conducting domestic
violence outreach and prevention activities applying for grants from the
department under this chapter((. Classifications may be made dependent upon
size, geographic location, and population needs));
(((2))) (3)
Receive grant applications for the development and establishment of ((shelters
for victims of domestic violence)) community-based domestic violence
programs, emergency shelter programs, and culturally or linguistically specific
services for victims of domestic violence, programs providing prevention and
intervention services to children who have been exposed to domestic violence or
youth who have been victims of dating violence, and programs conducting
domestic violence outreach and prevention activities;
(((3))) (4)
Distribute funds((, within forty-five days after approval,)) to those ((shelters))
community-based domestic violence programs, emergency shelter programs,
programs providing culturally or linguistically specific services, programs
providing prevention and intervention services to children or youth, and
programs conducting domestic violence outreach and prevention activities
meeting departmental standards;
(((4))) (5)
Evaluate biennially each ((shelter)) community-based domestic
violence program, emergency shelter program, program providing culturally or
linguistically specific services, program providing prevention and intervention
services to children or youth, and program conducting domestic violence
outreach and prevention activities receiving departmental funds for
compliance with the established minimum standards;
(((5))) (6)
Review the minimum standards each biennium to ensure applicability to community
and client needs; ((and
(6))) (7)
Administer funds available from the domestic violence prevention account under
RCW 70.123.150 ((and establish minimum standards for preventive, nonshelter
community-based services receiving funds administered by the department.
Preventive, nonshelter community-based services include services for victims of
domestic violence from communities that have been traditionally underserved or
unserved and services for children who have witnessed domestic violence)) to
provide for:
(a) Culturally specific prevention efforts and culturally appropriate community-based domestic violence services for victims of domestic violence from populations that have been traditionally underserved or unserved;
(b) Age appropriate prevention and intervention services for children who have been exposed to domestic violence or youth who have been victims of dating violence; and
(c) Outreach and education efforts by community-based domestic violence programs designed to increase public awareness about, and primary and secondary prevention of, domestic and dating violence; and
(8) Receive applications from, and award grants or issue contracts to, eligible nonprofit groups or organizations with experience and expertise in the field of domestic violence and a statewide perspective for:
(a) Providing resources, ongoing training opportunities, and technical assistance relating to domestic violence for community-based domestic violence programs across the state to develop effective means for preventing domestic violence and providing effective and supportive services and interventions for victims of domestic violence;
(b) Providing resource information, technical assistance, and collaborating to develop model policies and protocols to improve the capacity of individuals, governmental entities, and communities to prevent domestic violence and to provide effective, supportive services and interventions to address domestic violence; and
(c) Providing opportunities to persons working in the area of domestic violence to exchange information and resources.
Sec. 4. RCW 70.123.040 and 2006 c 259 s 3 are each amended to read as follows:
(1) The department shall establish minimum standards that ensure that community-based domestic violence programs provide client-centered advocacy and services designed to enhance immediate and longer term safety, victim autonomy, and security by means such as, but not limited to, safety assessment and planning, information and referral, legal advocacy, culturally and linguistically appropriate services, access to shelter, and client confidentiality.
(2) Minimum standards
established by the department under RCW 70.123.030 shall ensure that emergency
shelter((s)) programs receiving grants under this chapter provide
services meeting basic survival needs, where not provided by other means, such
as, but not limited to, food, clothing, housing, ((safety,)) emergency
transportation, child care assistance, safety assessment and planning, and
security((, client advocacy, client confidentiality, and counseling)). Emergency
shelters receiving grants under this chapter shall also provide client-centered
advocacy and services designed to enhance client autonomy, client
confidentiality, and immediate and longer term safety. These services shall
be problem-oriented and designed to provide necessary assistance to the victims
of domestic violence and their children.
(((2) The
department shall establish minimum standards that ensure that nonshelter
community-based services for victims of domestic violence funded under RCW
70.123.150 provide services designed to enhance safety and security by means
such as, but not limited to, client advocacy, client confidentiality, and
counseling.))
(3) In establishing minimum standards for programs providing culturally relevant prevention efforts and culturally appropriate services, priority for funding must be given to agencies or organizations that have a demonstrated history and expertise of serving domestic violence victims from the relevant populations that have traditionally been underserved or unserved.
(4) In establishing minimum standards for age appropriate prevention and intervention services for children who have been exposed to domestic violence, or youth who have been victims of dating violence, priority for funding must be given to programs with a documented history of effective work in providing advocacy and services to victims of domestic violence or dating violence, or an agency with a demonstrated history of effective work with children and youth partnered with a domestic violence program.
Sec. 5. RCW 70.123.070 and 1979 ex.s. c 245 s 7 are each amended to read as follows:
((Shelters))
(1) Community-based domestic violence programs receiving state funds under
this chapter shall:
(a) Provide a location to assist victims of domestic violence who have a need for community advocacy or support services;
(b) Make available confidential services, advocacy, and prevention programs to victims of domestic violence and to their children within available resources;
(c) Require that persons employed by or volunteering services for a community-based domestic violence program protect the confidentiality and privacy of domestic violence victims and their families in accordance with this chapter and RCW 5.60.060(8);
(d) Recruit, to the extent feasible, persons who are former victims of domestic violence to work as volunteers or staff personnel. An effort shall also be made to recruit staff and volunteers from relevant communities to provide culturally and linguistically appropriate services;
(e) Ensure that all employees or volunteers providing intervention or prevention programming to domestic violence victims or their children have completed or will complete sufficient training in connection with domestic violence; and
(f) Refrain from engaging in activities that compromise the safety of victims or their children.
(2) Emergency shelter programs receiving state funds under this chapter shall:
(((1) Make
available)) (a) Provide intake for and access to safe shelter
services to any person who is a victim of domestic violence and to that
person's children, within available resources. Priority for emergency
shelter shall be made for victims who are in immediate risk of harm or imminent
danger from domestic violence;
(((2) Encourage
victims, with the financial means to do so, to reimburse the shelter for the
services provided;
(3))) (b) Require
that persons employed by or volunteering services for an emergency shelter
protect the confidentiality and privacy of domestic violence victims and their
families in accordance with this chapter and RCW 5.60.060(8);
(c) Recruit, to the
extent feasible, persons who are former victims of domestic violence to work as
volunteers or staff personnel. An effort shall also be made to ((provide
bilingual services)) recruit staff and volunteers from relevant
communities to provide culturally and linguistically appropriate services;
(((4) Provide
prevention and treatment programs to victims of domestic violence, their
children and, where possible, the abuser;
(5) Provide a day
program or drop-in center to assist victims of domestic violence who have found
other shelter but who have a need for support services.)) (d) Ensure
that all employees or volunteers providing intervention or prevention
programming to domestic violence victims or their children have completed or
will complete sufficient training in connection with domestic violence; and
(e) Refrain from engaging in activities that compromise the safety of victims or their children.
Sec. 6. RCW 70.123.075 and 1994 c 233 s 1 are each amended to read as follows:
(1) Client records maintained by domestic violence programs shall not be subject to discovery in any judicial proceeding unless:
(a) A written pretrial motion is made to a court stating that discovery is requested of the client's domestic violence records;
(b) The written motion is accompanied by an affidavit or affidavits setting forth specifically the reasons why discovery is requested of the domestic violence program's records;
(c) The court reviews the domestic violence program's records in camera to determine whether the domestic violence program's records are relevant and whether the probative value of the records is outweighed by the victim's privacy interest in the confidentiality of such records, taking into account the further trauma that may be inflicted upon the victim or the victim's children by the disclosure of the records; and
(d) The court enters an order stating whether the records or any part of the records are discoverable and setting forth the basis for the court's findings. The court shall further order that the parties are prohibited from further dissemination of the records or parts of the records that are discoverable, and that any portion of any domestic violence program records included in the court file be sealed.
(2) For purposes of this section, "domestic violence program" means a program that provides shelter, advocacy, or counseling services for domestic violence victims.
(3) Disclosure of domestic violence program records is not a waiver of the victim's rights or privileges under statutes, rules of evidence, or common law.
(4) If disclosure of a victim's records is required by court order, the domestic violence program shall make reasonable attempts to provide notice to the recipient affected by the disclosure, and shall take steps necessary to protect the privacy and safety of the persons affected by the disclosure of the information.
Sec. 7. RCW 70.123.080 and 1979 ex.s. c 245 s 8 are each amended to read as follows:
The department shall consult in all phases with key stakeholders in the implementation of this chapter, including relevant state departments, the domestic violence coalition, individuals or groups who have experience providing culturally appropriate services to populations that have traditionally been underserved or unserved, and other persons and organizations having experience and expertise in the field of domestic violence.
Sec. 8. RCW 70.123.090 and 1979 ex.s. c 245 s 9 are each amended to read as follows:
The department is
authorized, under this chapter and the rules adopted to effectuate its
purposes, to make available grants awarded on a contract basis to public or
private nonprofit agencies, organizations, or individuals providing community-based
domestic violence services, emergency shelter services, domestic
violence hotline or information and referral services, and prevention efforts
meeting minimum standards established by the department. Consideration as to
need, geographic location, population ratios, the needs of specific
underserved and cultural populations, and the extent of existing services
shall be made in the award of grants. The department shall provide ((technical
assistance)) consultation to any nonprofit organization desiring to
apply for the contracts if the organization does not possess the resources and
expertise necessary to develop and transmit an application without assistance.
Sec. 9. RCW 70.123.110 and 2011 1st sp.s. c 36 s 16 are each amended to read as follows:
Aged, blind, or disabled assistance benefits, essential needs and housing support benefits, pregnant women assistance benefits, or temporary assistance for needy families payments shall be made to otherwise eligible individuals who are residing in a secure shelter, a housing network, an emergency shelter, or other shelter facility which provides shelter services to persons who are victims of domestic violence. Provisions shall be made by the department for the confidentiality of the shelter addresses where victims are residing.
Sec. 10. RCW 70.123.150 and 2005 c 374 s 3 are each amended to read as follows:
The domestic
violence prevention account is created in the state treasury. All receipts from
fees imposed for deposit in the domestic violence prevention account under RCW
36.18.016 must be deposited into the account. Moneys in the account may be
spent only after appropriation. Expenditures from the account may be used only
for funding ((nonshelter community-based services for victims of domestic
violence)) the following:
(1) Culturally specific prevention efforts and culturally appropriate community-based domestic violence services for victims of domestic violence from populations that have been traditionally underserved or unserved;
(2) Age appropriate prevention and intervention services for children who have been exposed to domestic violence or youth who have been victims of dating violence; and
(3) Outreach and education efforts by community-based domestic violence programs designed to increase public awareness about, and primary and secondary prevention of, domestic and dating violence.
Sec. 11. RCW 36.18.016 and 2009 c 417 s 2 are each amended to read as follows:
(1) Revenue collected under this section is not subject to division under RCW 36.18.025 or 27.24.070.
(2)(a) For the filing of a petition for modification of a decree of dissolution or paternity, within the same case as the original action, and any party filing a counterclaim, cross-claim, or third-party claim in any such action, a fee of thirty-six dollars must be paid.
(b) The party
filing the first or initial petition for dissolution, legal separation, or
declaration concerning the validity of marriage shall pay, at the time and in
addition to the filing fee required under RCW 36.18.020, a fee of ((thirty))
fifty-four dollars. The clerk of the superior court shall transmit
monthly ((twenty-four)) forty-eight dollars of the ((thirty))
fifty-four dollar fee collected under this subsection to the state
treasury for deposit in the domestic violence prevention account. The remaining
six dollars shall be retained by the county for the purpose of supporting
community-based domestic violence services within the county ((for
victims of domestic violence)), except for five percent of the six dollars,
which may be retained by the court for administrative purposes. On or before
December 15th of each year, the county shall report to the department of social
and health services revenues associated with this section and community-based
domestic violence services expenditures. The department of social and health
services shall develop a reporting form to be utilized by counties for uniform
reporting purposes.
(3)(a) The party making a demand for a jury of six in a civil action shall pay, at the time, a fee of one hundred twenty-five dollars; if the demand is for a jury of twelve, a fee of two hundred fifty dollars. If, after the party demands a jury of six and pays the required fee, any other party to the action requests a jury of twelve, an additional one hundred twenty-five dollar fee will be required of the party demanding the increased number of jurors.
(b) Upon conviction in criminal cases a jury demand charge of one hundred twenty-five dollars for a jury of six, or two hundred fifty dollars for a jury of twelve may be imposed as costs under RCW 10.46.190.
(4) For preparing a certified copy of an instrument on file or of record in the clerk's office, for the first page or portion of the first page, a fee of five dollars, and for each additional page or portion of a page, a fee of one dollar must be charged. For authenticating or exemplifying an instrument, a fee of two dollars for each additional seal affixed must be charged. For preparing a copy of an instrument on file or of record in the clerk's office without a seal, a fee of fifty cents per page must be charged. When copying a document without a seal or file that is in an electronic format, a fee of twenty-five cents per page must be charged. For copies made on a compact disc, an additional fee of twenty dollars for each compact disc must be charged.
(5) For executing a certificate, with or without a seal, a fee of two dollars must be charged.
(6) For a garnishee defendant named in an affidavit for garnishment and for a writ of attachment, a fee of twenty dollars must be charged.
(7) For filing a supplemental proceeding, a fee of twenty dollars must be charged.
(8) For approving a bond, including justification on the bond, in other than civil actions and probate proceedings, a fee of two dollars must be charged.
(9) For the issuance of a certificate of qualification and a certified copy of letters of administration, letters testamentary, or letters of guardianship, there must be a fee of five dollars.
(10) For the preparation of a passport application, the clerk may collect an execution fee as authorized by the federal government.
(11) For clerk's services such as performing historical searches, compiling statistical reports, and conducting exceptional record searches, the clerk may collect a fee not to exceed thirty dollars per hour.
(12) For processing ex parte orders, the clerk may collect a fee of thirty dollars.
(13) For duplicated recordings of court's proceedings there must be a fee of ten dollars for each audio tape and twenty-five dollars for each video tape or other electronic storage medium.
(14) For registration of land titles, Torrens Act, under RCW 65.12.780, a fee of twenty dollars must be charged.
(15) For the issuance of extension of judgment under RCW 6.17.020 and chapter 9.94A RCW, a fee of two hundred dollars must be charged. When the extension of judgment is at the request of the clerk, the two hundred dollar charge may be imposed as court costs under RCW 10.46.190.
(16) A facilitator surcharge of up to twenty dollars must be charged as authorized under RCW 26.12.240.
(17) For filing ((a
water rights statement)) an adjudication claim under RCW 90.03.180,
a fee of twenty-five dollars must be charged.
(18) For filing a claim of frivolous lien under RCW 60.04.081, a fee of thirty-five dollars must be charged.
(19) For preparation of a change of venue, a fee of twenty dollars must be charged by the originating court in addition to the per page charges in subsection (4) of this section.
(20) A service fee of five dollars for the first page and one dollar for each additional page must be charged for receiving faxed documents, pursuant to Washington state rules of court, general rule 17.
(21) For preparation of clerk's papers under RAP 9.7, a fee of fifty cents per page must be charged.
(22) For copies and reports produced at the local level as permitted by RCW 2.68.020 and supreme court policy, a variable fee must be charged.
(23) Investment service charge and earnings under RCW 36.48.090 must be charged.
(24) Costs for nonstatutory services rendered by clerk by authority of local ordinance or policy must be charged.
(25) For filing a request for mandatory arbitration, a filing fee may be assessed against the party filing a statement of arbitrability not to exceed two hundred twenty dollars as established by authority of local ordinance. This charge shall be used solely to offset the cost of the mandatory arbitration program.
(26) For filing a request for trial de novo of an arbitration award, a fee not to exceed two hundred fifty dollars as established by authority of local ordinance must be charged.
(27) A public agency may not charge a fee to a law enforcement agency, for preparation, copying, or mailing of certified copies of the judgment and sentence, information, affidavit of probable cause, and/or the notice of requirement to register, of a sex offender convicted in a Washington court, when such records are necessary for risk assessment, preparation of a case for failure to register, or maintenance of a sex offender's registration file.
(28) For the filing of a will or codicil under the provisions of chapter 11.12 RCW, a fee of twenty dollars must be charged.
(29) For the collection of unpaid legal financial obligations, the clerk may impose an annual fee of up to one hundred dollars, pursuant to RCW 9.94A.780.
(30) A surcharge of up to twenty dollars may be charged in dissolution and legal separation actions as authorized by RCW 26.12.260.
The revenue to counties from the fees established in this section shall be deemed to be complete reimbursement from the state for the state's share of benefits paid to the superior court judges of the state prior to July 24, 2005, and no claim shall lie against the state for such benefits.
Sec. 12. RCW 43.235.020 and 2011 c 105 s 1 are each amended to read as follows:
(1) The
department is authorized, subject to the availability of state funds, ((the
department shall contract with)) to make available grants awarded on a
contract basis to an entity with expertise in domestic violence policy and
education and with a statewide perspective to gather and maintain data
relating to and coordinate review of domestic violence fatalities.
(2) The coordinating entity shall be authorized to:
(a) Convene regional review panels;
(b) Convene statewide issue-specific review panels;
(c) Gather information for use of regional or statewide issue-specific review panels;
(d) Provide training and technical assistance to regional or statewide issue-specific review panels;
(e) Compile information and issue reports with recommendations; and
(f) Establish a protocol that may be used as a guideline for identifying domestic violence related fatalities, forming review panels, convening reviews, and selecting which cases to review. The coordinating entity may also establish protocols for data collection and preservation of confidentiality.
(((2))) (3)(a)
The coordinating entity may convene a regional or statewide issue-specific
domestic violence fatality review panel to review any domestic violence
fatality.
(b) Private citizens may request a review of a particular death by submitting a written request to the coordinating entity within two years of the death. Of these, the appropriate regional review panel may review those cases which fit the criteria set forth in the protocol for the project.
Sec. 13. RCW 43.235.040 and 2012 c 223 s 6 are each amended to read as follows:
(1) An oral or written communication or a document shared with the coordinating entity or within or produced by a domestic violence fatality review panel related to a domestic violence fatality review is confidential and not subject to disclosure or discoverable by a third party. An oral or written communication or a document provided by a third party to the coordinating entity or a domestic violence fatality review panel, or between a third party and a domestic violence fatality review panel, related to a domestic violence fatality review is confidential and not subject to disclosure or discovery by a third party. Notwithstanding the foregoing, recommendations from the domestic violence fatality review panel and the coordinating entity generally may be disclosed minus personal identifiers.
(2) The coordinating entity and review panels, only to the extent otherwise permitted by law or court rule, shall have access to information and records regarding the domestic violence victims and perpetrators under review held by domestic violence perpetrators' treatment providers; dental care providers; hospitals, medical providers, and pathologists; coroners and medical examiners; mental health providers; lawyers; the state and local governments; the courts; and employers. The coordinating entity and the review panels shall maintain the confidentiality of such information to the extent required by any applicable law.
(3) The coordinating entity or review panels shall review, only to the extent otherwise permitted by law or court rule when determined to be relevant and necessary to an investigation, guardian ad litem reports, parenting evaluations, and victim impact statements; probation information; mental health evaluations done for court; presentence interviews and reports, and any recommendations made regarding bail and release on own recognizance; child protection services, welfare, and other information held by the department; any law enforcement incident documentation, such as incident reports, dispatch records, victim, witness, and suspect statements, and any supplemental reports, probable cause statements, and 911 call taker's reports; corrections and postsentence supervision reports; and any other information determined to be relevant to the review. The coordinating entity and the review panels shall maintain the confidentiality of such information to the extent required by any applicable law.
Sec. 14. RCW 10.99.080 and 2004 c 15 s 2 are each amended to read as follows:
(1) All superior
courts, and courts organized under Title 3 or 35 RCW, may impose a penalty of
one hundred dollars, plus an additional fifteen dollars on any person convicted
of a crime involving domestic violence; in no case shall a penalty
assessment ((not to)) exceed one hundred fifteen dollars on any
person convicted of a crime involving domestic violence. The assessment shall
be in addition to, and shall not supersede, any other penalty, restitution,
fines, or costs provided by law.
(2) Revenue from the:
(a) One hundred dollar assessment shall be used solely for the purposes of establishing and funding domestic violence advocacy and domestic violence prevention and prosecution programs in the city or county of the court imposing the assessment. Such revenue from the assessment shall not be used for indigent criminal defense. If the city or county does not have domestic violence advocacy or domestic violence prevention and prosecution programs, cities and counties may use the revenue collected from the assessment to contract with recognized community-based domestic violence program providers.
(b) Fifteen dollar assessment must be remitted monthly to the state treasury for deposit in the domestic violence prevention account.
(3) The one hundred dollar assessment imposed under this section shall not be subject to any state or local remittance requirements under chapter 3.46, 3.50, 3.62, 7.68, 10.82, or 35.20 RCW.
(4) For the purposes of this section, "convicted" includes a plea of guilty, a finding of guilt regardless of whether the imposition of the sentence is deferred or any part of the penalty is suspended, or the levying of a fine. For the purposes of this section, "domestic violence" has the same meaning as that term is defined under RCW 10.99.020 and includes violations of equivalent local ordinances.
(5) When determining whether to impose a penalty assessment under this section, judges are encouraged to solicit input from the victim or representatives for the victim in assessing the ability of the convicted offender to pay the penalty, including information regarding current financial obligations, family circumstances, and ongoing restitution.
Sec. 15. RCW 26.50.110 and 2013 c 84 s 31 are each amended to read as follows:
(1)(a) Whenever an order is granted under this chapter, chapter 7.92, 7.90, 9A.46, 9.94A, 10.99, 26.09, 26.10, 26.26, or 74.34 RCW, or there is a valid foreign protection order as defined in RCW 26.52.020, and the respondent or person to be restrained knows of the order, a violation of any of the following provisions of the order is a gross misdemeanor, except as provided in subsections (4) and (5) of this section:
(i) The restraint provisions prohibiting acts or threats of violence against, or stalking of, a protected party, or restraint provisions prohibiting contact with a protected party;
(ii) A provision excluding the person from a residence, workplace, school, or day care;
(iii) A provision prohibiting a person from knowingly coming within, or knowingly remaining within, a specified distance of a location;
(iv) A provision prohibiting interfering with the protected party's efforts to remove a pet owned, possessed, leased, kept, or held by the petitioner, respondent, or a minor child residing with either the petitioner or the respondent; or
(v) A provision of a foreign protection order specifically indicating that a violation will be a crime.
(b) Upon conviction, and in addition to any other penalties provided by law, the court:
(i) May require that the respondent submit to electronic monitoring. The court shall specify who shall provide the electronic monitoring services, and the terms under which the monitoring shall be performed. The order also may include a requirement that the respondent pay the costs of the monitoring. The court shall consider the ability of the convicted person to pay for electronic monitoring.
(ii) Shall impose a fine of fifteen dollars, in addition to any penalty or fine imposed, for a violation of a domestic violence protection order issued under this chapter. Revenue from the fifteen dollar fine must be remitted monthly to the state treasury for deposit in the domestic violence prevention account.
(2) A peace officer shall arrest without a warrant and take into custody a person whom the peace officer has probable cause to believe has violated an order issued under this chapter, chapter 7.92, 7.90, 9A.46, 9.94A, 10.99, 26.09, 26.10, 26.26, or 74.34 RCW, or a valid foreign protection order as defined in RCW 26.52.020, that restrains the person or excludes the person from a residence, workplace, school, or day care, or prohibits the person from knowingly coming within, or knowingly remaining within, a specified distance of a location, if the person restrained knows of the order. Presence of the order in the law enforcement computer-based criminal intelligence information system is not the only means of establishing knowledge of the order.
(3) A violation of an order issued under this chapter, chapter 7.92, 7.90, 9A.46, 9.94A, 10.99, 26.09, 26.10, 26.26, or 74.34 RCW, or of a valid foreign protection order as defined in RCW 26.52.020, shall also constitute contempt of court, and is subject to the penalties prescribed by law.
(4) Any assault that is a violation of an order issued under this chapter, chapter 7.92, 7.90, 9A.46, 9.94A, 10.99, 26.09, 26.10, 26.26, or 74.34 RCW, or of a valid foreign protection order as defined in RCW 26.52.020, and that does not amount to assault in the first or second degree under RCW 9A.36.011 or 9A.36.021 is a class C felony, and any conduct in violation of such an order that is reckless and creates a substantial risk of death or serious physical injury to another person is a class C felony.
(5) A violation of a court order issued under this chapter, chapter 7.92, 7.90, 9A.46, 9.94A, 10.99, 26.09, 26.10, 26.26, or 74.34 RCW, or of a valid foreign protection order as defined in RCW 26.52.020, is a class C felony if the offender has at least two previous convictions for violating the provisions of an order issued under this chapter, chapter 7.90, 9A.46, 9.94A, 10.99, 26.09, 26.10, 26.26, or 74.34 RCW, or a valid foreign protection order as defined in RCW 26.52.020. The previous convictions may involve the same victim or other victims specifically protected by the orders the offender violated.
(6) Upon the filing of an affidavit by the petitioner or any peace officer alleging that the respondent has violated an order granted under this chapter, chapter 7.92, 7.90, 9A.46, 9.94A, 10.99, 26.09, 26.10, 26.26, or 74.34 RCW, or a valid foreign protection order as defined in RCW 26.52.020, the court may issue an order to the respondent, requiring the respondent to appear and show cause within fourteen days why the respondent should not be found in contempt of court and punished accordingly. The hearing may be held in the court of any county or municipality in which the petitioner or respondent temporarily or permanently resides at the time of the alleged violation.
NEW SECTION. Sec. 16. The following acts or parts of acts are each repealed:
(1)RCW 70.123.050 (Contracts with nonprofit organizations—Purposes) and 1979 ex.s. c 245 s 5; and
(2)RCW 70.123.130 (Technical assistance grant program—Local communities) and 1991 c 301 s 11."
Correct the title.
Signed by Representatives Goodman, Chair; Orwall, Vice Chair; Hayes, Assistant Ranking Minority Member; Appleton; Griffey; Moscoso; Pettigrew and Wilson.
MINORITY recommendation: Without recommendation. Signed by Representative Klippert, Ranking Minority Member.
Referred to Committee on Appropriations.
March 30, 2015
SSB 5640 Prime Sponsor, Committee on Transportation: Concerning the limitation on towing and storage deficiency claims after auction of a private property vehicle impound. Reported by Committee on Transportation
MAJORITY recommendation: Do pass. Signed by Representatives Clibborn, Chair; Farrell, Vice Chair; Fey, Vice Chair; Moscoso, Vice Chair; Orcutt, Ranking Minority Member; Bergquist; Gregerson; Hayes; Kochmar; McBride; Moeller; Morris; Ortiz-Self; Riccelli; Rodne; Sells; Takko and Tarleton.
MINORITY recommendation: Do not pass. Signed by Representatives Pike and Young.
MINORITY recommendation: Without recommendation. Signed by Representatives Hargrove, Assistant Ranking Minority Member; Harmsworth; Shea; Wilson and Zeiger.
Passed to Committee on Rules for second reading.
April 1, 2015
E2SSB 5649 Prime Sponsor, Committee on Ways & Means: Concerning involuntary outpatient mental health treatment. (REVISED FOR ENGROSSED: Concerning the involuntary treatment act. ) Reported by Committee on Judiciary
MAJORITY recommendation: Do pass as amended.
Strike everything after the enacting clause and insert the following:
"Sec. 1. RCW 71.05.010 and 1998 c 297 s 2 are each amended to read as follows:
(1) The provisions of this chapter are intended by the legislature:
(((1))) (a)
To protect the health and safety of persons suffering from mental disorders and
to protect public safety through use of the parens patriae and police powers of
the state;
(b) To prevent inappropriate, indefinite commitment of mentally disordered persons and to eliminate legal disabilities that arise from such commitment;
(((2))) (c)
To provide prompt evaluation and timely and appropriate treatment of persons
with serious mental disorders;
(((3))) (d)
To safeguard individual rights;
(((4))) (e)
To provide continuity of care for persons with serious mental disorders;
(((5))) (f)
To encourage the full use of all existing agencies, professional personnel, and
public funds to prevent duplication of services and unnecessary expenditures; and
(((6))) (g)
To encourage, whenever appropriate, that services be provided within the
community((;
(7) To protect the
public safety)).
(2) When construing the requirements of this chapter the court must focus on the merits of the petition, except where requirements have been totally disregarded, as provided in In re C.W., 147 Wn.2d 259, 281 (2002). A presumption in favor of deciding petitions on their merits furthers both public and private interests because the mental and physical well-being of individuals as well as public safety may be implicated by the decision to release an individual and discontinue his or her treatment.
NEW SECTION. Sec. 2. A new section is added to chapter 71.05 RCW to read as follows:
(1) The department may use a single bed certification process as outlined in rule to provide additional treatment capacity for a person suffering from a mental disorder for whom an evaluation and treatment bed is not available. The facility that is the proposed site of the single bed certification must be a facility that is willing and able to provide the person with timely and appropriate treatment either directly or by arrangement with other public or private agencies.
(2) A single bed certification must be specific to the patient receiving treatment.
(3) A designated mental health professional who submits an application for a single bed certification for treatment at a facility that is willing and able to provide timely and appropriate mental health treatment in good faith belief that the single bed certification is appropriate may presume that the single bed certification will be approved for the purpose of completing the detention process and responding to other emergency calls.
(4) The department may adopt rules implementing this section and continue to enforce rules it has already adopted except where inconsistent with this section.
NEW SECTION. Sec. 3. A new section is added to chapter 71.05 RCW to read as follows:
(1) A designated mental health professional shall make a report to the department when he or she determines a person meets detention criteria under RCW 71.05.150, 71.05.153, 71.34.700, or 71.34.710 and there are not any beds available at an evaluation and treatment facility, the person has not been provisionally accepted for admission by a facility, and the person cannot be served on a single bed certification or less restrictive alternative. Starting at the time when the designated mental health professional determines a person meets detention criteria and the investigation has been completed, the designated mental health professional has twenty-four hours to submit a completed report to the department.
(2) The report required under subsection (1) of this section must contain at a minimum:
(a) The date and time that the investigation was completed;
(b) The identity of the responsible regional support network or behavioral health organization;
(c) The county in which the person met detention criteria;
(d) A list of facilities which refused to admit the person; and
(e) Identifying information for the person, including age or date of birth.
(3) The department shall develop a standardized reporting form or modify the current form used for single bed certifications for the report required under subsection (2) of this section and may require additional reporting elements as it determines are necessary or supportive. The department shall also determine the method for the transmission of the completed report from the designated mental health professional to the department.
(4) The department shall create quarterly reports displayed on its web site that summarize the information reported under subsection (2) of this section. At a minimum, the reports must display data by county and by month. The reports must also include the number of single bed certifications granted by category. The categories must include all of the reasons that the department recognizes for issuing a single bed certification, as identified in rule.
(5) The reports provided according to this section may not display "protected health information" as that term is used in the federal health insurance portability and accountability act of 1996, nor information contained in "mental health treatment records" as that term is used in chapter 70.02 RCW or elsewhere in state law, and must otherwise be compliant with state and federal privacy laws.
(6) For purposes of this section, the term "single bed certification" means a situation in which an adult on a seventy-two hour detention, fourteen-day commitment, ninety-day commitment, or one hundred eighty-day commitment is detained to a facility that is:
(a) Not certified as an inpatient evaluation and treatment facility; or
(b) A certified inpatient evaluation and treatment facility that is already at capacity.
NEW SECTION. Sec. 4. A new section is added to chapter 71.05 RCW to read as follows:
(1) The department shall promptly share reports it receives under section 3 of this act with the responsible regional support network or behavioral health organization. The regional support network or behavioral health organization receiving this notification must attempt to engage the person in appropriate services for which the person is eligible and report back within seven days to the department.
(2) The department shall track and analyze reports submitted under section 3 of this act. The department must initiate corrective action when appropriate to ensure that each regional support network or behavioral health organization has implemented an adequate plan to provide evaluation and treatment services. Corrective actions may include remedies under RCW 71.24.330 and 43.20A.894, including requiring expenditure of reserve funds. An adequate plan may include development of less restrictive alternatives to involuntary commitment such as crisis triage, crisis diversion, voluntary treatment, or prevention programs reasonably calculated to reduce demand for evaluation and treatment under this chapter.
Sec. 5. RCW 71.05.050 and 2000 c 94 s 3 are each amended to read as follows:
(1) Nothing in this
chapter shall be construed to limit the right of any person to apply
voluntarily to any public or private agency or practitioner for treatment of a
mental disorder, either by direct application or by referral. Any person
voluntarily admitted for inpatient treatment to any public or private agency
shall be released immediately upon his or her request. Any person voluntarily
admitted for inpatient treatment to any public or private agency shall orally
be advised of the right to immediate discharge, and further advised of such
rights in writing as are secured to them pursuant to this chapter and their
rights of access to attorneys, courts, and other legal redress. Their condition
and status shall be reviewed at least once each one hundred eighty days for
evaluation as to the need for further treatment or possible discharge, at which
time they shall again be advised of their right to discharge upon request((:
PROVIDED HOWEVER, That)).
(2) If the professional
staff of any public or private agency or hospital regards a person voluntarily
admitted who requests discharge as presenting, as a result of a mental
disorder, an imminent likelihood of serious harm, or is gravely disabled, they
may detain such person for sufficient time to notify the ((county))
designated mental health professional of such person's condition to enable the
((county)) designated mental health professional to authorize such
person being further held in custody or transported to an evaluation and
treatment center pursuant to the provisions of this chapter, which shall in
ordinary circumstances be no later than the next judicial day((: PROVIDED
FURTHER, That)).
(3) If a person is
brought to the emergency room of a public or private agency or hospital for
observation or treatment, the person refuses voluntary admission, and the
professional staff of the public or private agency or hospital regard such
person as presenting as a result of a mental disorder an imminent likelihood of
serious harm, or as presenting an imminent danger because of grave disability,
they may detain such person for sufficient time to notify the ((county))
designated mental health professional of such person's condition to enable the
((county)) designated mental health professional to authorize such
person being further held in custody or transported to an evaluation treatment
center pursuant to the conditions in this chapter, but which time shall be no
more than six hours from the time the professional staff ((determine that an
evaluation by)) notify the ((county)) designated mental
health professional ((is necessary)) of the need for evaluation, not
counting time periods prior to medical clearance.
(4) Dismissal of a commitment petition is not the appropriate remedy for a violation of the timeliness requirements of this section based on the intent of this chapter under RCW 71.05.010 except in the few cases where the facility staff or designated mental health professional has totally disregarded the requirements of this section.
Sec. 6. RCW 71.05.153 and 2011 c 305 s 8 and 2011 c 148 s 2 are each reenacted and amended to read as follows:
(1) When a designated mental health professional receives information alleging that a person, as the result of a mental disorder, presents an imminent likelihood of serious harm, or is in imminent danger because of being gravely disabled, after investigation and evaluation of the specific facts alleged and of the reliability and credibility of the person or persons providing the information if any, the designated mental health professional may take such person, or cause by oral or written order such person to be taken into emergency custody in an evaluation and treatment facility for not more than seventy-two hours as described in RCW 71.05.180.
(2) A peace officer may take or cause such person to be taken into custody and immediately delivered to a triage facility, crisis stabilization unit, evaluation and treatment facility, or the emergency department of a local hospital under the following circumstances:
(a) Pursuant to subsection (1) of this section; or
(b) When he or she has reasonable cause to believe that such person is suffering from a mental disorder and presents an imminent likelihood of serious harm or is in imminent danger because of being gravely disabled.
(3) Persons delivered to a crisis stabilization unit, evaluation and treatment facility, emergency department of a local hospital, or triage facility that has elected to operate as an involuntary facility by peace officers pursuant to subsection (2) of this section may be held by the facility for a period of up to twelve hours, not counting time periods prior to medical clearance.
(4) Within three
hours ((of)) after arrival, not counting time periods prior to
medical clearance, the person must be examined by a mental health
professional. Within twelve hours of ((arrival)) notice of the need
for evaluation, not counting time periods prior to medical clearance, the
designated mental health professional must determine whether the individual
meets detention criteria. If the individual is detained, the designated mental
health professional shall file a petition for detention or a supplemental
petition as appropriate and commence service on the designated attorney for the
detained person. If the individual is released to the community, the mental
health provider shall inform the peace officer of the release within a
reasonable period of time after the release if the peace officer has
specifically requested notification and provided contact information to the
provider.
(5) Dismissal of a commitment petition is not the appropriate remedy for a violation of the timeliness requirements of this section based on the intent of this chapter under RCW 71.05.010 except in the few cases where the facility staff or designated mental health professional has totally disregarded the requirements of this section.
Sec. 7. RCW 71.05.210 and 2009 c 217 s 1 are each amended to read as follows:
Each person involuntarily detained and accepted or admitted at an evaluation and treatment facility (1) shall, within twenty-four hours of his or her admission or acceptance at the facility, not counting time periods prior to medical clearance, be examined and evaluated by (a) a licensed physician who may be assisted by a physician assistant according to chapter 18.71A RCW and a mental health professional, (b) an advanced registered nurse practitioner according to chapter 18.79 RCW and a mental health professional, or (c) a licensed physician and a psychiatric advanced registered nurse practitioner and (2) shall receive such treatment and care as his or her condition requires including treatment on an outpatient basis for the period that he or she is detained, except that, beginning twenty-four hours prior to a trial or hearing pursuant to RCW 71.05.215, 71.05.240, 71.05.310, 71.05.320, 71.05.340, or 71.05.217, the individual may refuse psychiatric medications, but may not refuse: (a) Any other medication previously prescribed by a person licensed under Title 18 RCW; or (b) emergency lifesaving treatment, and the individual shall be informed at an appropriate time of his or her right of such refusal. The person shall be detained up to seventy-two hours, if, in the opinion of the professional person in charge of the facility, or his or her professional designee, the person presents a likelihood of serious harm, or is gravely disabled. A person who has been detained for seventy-two hours shall no later than the end of such period be released, unless referred for further care on a voluntary basis, or detained pursuant to court order for further treatment as provided in this chapter.
If, after examination and evaluation, the mental health professional and licensed physician or psychiatric advanced registered nurse practitioner determine that the initial needs of the person would be better served by placement in a chemical dependency treatment facility, then the person shall be referred to an approved treatment program defined under RCW 70.96A.020.
An evaluation and treatment center admitting or accepting any person pursuant to this chapter whose physical condition reveals the need for hospitalization shall assure that such person is transferred to an appropriate hospital for evaluation or admission for treatment. Notice of such fact shall be given to the court, the designated attorney, and the designated mental health professional and the court shall order such continuance in proceedings under this chapter as may be necessary, but in no event may this continuance be more than fourteen days.
Sec. 8. RCW 71.24.035 and 2014 c 225 s 11 are each amended to read as follows:
(1) The department is designated as the state mental health authority.
(2) The secretary shall provide for public, client, tribal, and licensed service provider participation in developing the state mental health program, developing contracts with behavioral health organizations, and any waiver request to the federal government under medicaid.
(3) The secretary shall provide for participation in developing the state mental health program for children and other underserved populations, by including representatives on any committee established to provide oversight to the state mental health program.
(4) The secretary shall be designated as the behavioral health organization if the behavioral health organization fails to meet state minimum standards or refuses to exercise responsibilities under its contract or RCW 71.24.045, until such time as a new behavioral health organization is designated.
(5) The secretary shall:
(a) Develop a biennial state mental health program that incorporates regional biennial needs assessments and regional mental health service plans and state services for adults and children with mental illness;
(b) Assure that any behavioral health organization or county community mental health program provides medically necessary services to medicaid recipients consistent with the state's medicaid state plan or federal waiver authorities, and nonmedicaid services consistent with priorities established by the department;
(c) Develop and adopt rules establishing state minimum standards for the delivery of mental health services pursuant to RCW 71.24.037 including, but not limited to:
(i) Licensed service providers. These rules shall permit a county-operated mental health program to be licensed as a service provider subject to compliance with applicable statutes and rules. The secretary shall provide for deeming of compliance with state minimum standards for those entities accredited by recognized behavioral health accrediting bodies recognized and having a current agreement with the department;
(ii) Inpatient services, an adequate network of evaluation and treatment services and facilities under chapter 71.05 RCW to ensure access to treatment, resource management services, and community support services;
(d) Assure that the special needs of persons who are minorities, elderly, disabled, children, low-income, and parents who are respondents in dependency cases are met within the priorities established in this section;
(e) Establish a standard contract or contracts, consistent with state minimum standards which shall be used in contracting with behavioral health organizations. The standard contract shall include a maximum fund balance, which shall be consistent with that required by federal regulations or waiver stipulations;
(f) Establish, to the extent possible, a standardized auditing procedure which is designed to assure compliance with contractual agreements authorized by this chapter and minimizes paperwork requirements of behavioral health organizations and licensed service providers. The audit procedure shall focus on the outcomes of service as provided in RCW 43.20A.895, 70.320.020, and 71.36.025;
(g) Develop and maintain an information system to be used by the state and behavioral health organizations that includes a tracking method which allows the department and behavioral health organizations to identify mental health clients' participation in any mental health service or public program on an immediate basis. The information system shall not include individual patient's case history files. Confidentiality of client information and records shall be maintained as provided in this chapter and chapter 70.02 RCW;
(h) License service providers who meet state minimum standards;
(i) Periodically monitor the compliance of behavioral health organizations and their network of licensed service providers for compliance with the contract between the department, the behavioral health organization, and federal and state rules at reasonable times and in a reasonable manner;
(j) Fix fees to be paid by evaluation and treatment centers to the secretary for the required inspections;
(k) Monitor and audit behavioral health organizations and licensed service providers as needed to assure compliance with contractual agreements authorized by this chapter;
(l) Adopt such rules as are necessary to implement the department's responsibilities under this chapter;
(m) License or certify crisis stabilization units that meet state minimum standards;
(n) License or certify clubhouses that meet state minimum standards; and
(o) License or certify triage facilities that meet state minimum standards.
(6) The secretary shall use available resources only for behavioral health organizations, except:
(a) To the extent authorized, and in accordance with any priorities or conditions specified, in the biennial appropriations act; or
(b) To incentivize improved performance with respect to the client outcomes established in RCW 43.20A.895, 70.320.020, and 71.36.025, integration of behavioral health and medical services at the clinical level, and improved care coordination for individuals with complex care needs.
(7) Each behavioral health organization and licensed service provider shall file with the secretary, on request, such data, statistics, schedules, and information as the secretary reasonably requires. A behavioral health organization or licensed service provider which, without good cause, fails to furnish any data, statistics, schedules, or information as requested, or files fraudulent reports thereof, may be subject to the behavioral health organization contractual remedies in RCW 43.20A.894 or may have its service provider certification or license revoked or suspended.
(8) The secretary may suspend, revoke, limit, or restrict a certification or license, or refuse to grant a certification or license for failure to conform to: (a) The law; (b) applicable rules and regulations; (c) applicable standards; or (d) state minimum standards.
(9) The superior court may restrain any behavioral health organization or service provider from operating without a contract, certification, or a license or any other violation of this section. The court may also review, pursuant to procedures contained in chapter 34.05 RCW, any denial, suspension, limitation, restriction, or revocation of certification or license, and grant other relief required to enforce the provisions of this chapter.
(10) Upon petition
by the secretary, and after hearing held upon reasonable notice to the
facility, the superior court may issue a warrant to an officer or employee of
the secretary authorizing him or her to enter at reasonable times, and examine
the records, books, and accounts of any behavioral health organization((s
[organization])) or service provider refusing to consent to inspection or
examination by the authority.
(11) Notwithstanding the existence or pursuit of any other remedy, the secretary may file an action for an injunction or other process against any person or governmental unit to restrain or prevent the establishment, conduct, or operation of a behavioral health organization or service provider without a contract, certification, or a license under this chapter.
(12) The standards for certification or licensure of evaluation and treatment facilities shall include standards relating to maintenance of good physical and mental health and other services to be afforded persons pursuant to this chapter and chapters 71.05 and 71.34 RCW, and shall otherwise assure the effectuation of the purposes of these chapters.
(13) The standards for certification or licensure of crisis stabilization units shall include standards that:
(a) Permit location of the units at a jail facility if the unit is physically separate from the general population of the jail;
(b) Require administration of the unit by mental health professionals who direct the stabilization and rehabilitation efforts; and
(c) Provide an environment affording security appropriate with the alleged criminal behavior and necessary to protect the public safety.
(14) The standards for certification or licensure of a clubhouse shall at a minimum include:
(a) The facilities may be peer‑operated and must be recovery‑focused;
(b) Members and employees must work together;
(c) Members must have the opportunity to participate in all the work of the clubhouse, including administration, research, intake and orientation, outreach, hiring, training and evaluation of staff, public relations, advocacy, and evaluation of clubhouse effectiveness;
(d) Members and staff and ultimately the clubhouse director must be responsible for the operation of the clubhouse, central to this responsibility is the engagement of members and staff in all aspects of clubhouse operations;
(e) Clubhouse programs must be comprised of structured activities including but not limited to social skills training, vocational rehabilitation, employment training and job placement, and community resource development;
(f) Clubhouse programs must provide in‑house educational programs that significantly utilize the teaching and tutoring skills of members and assist members by helping them to take advantage of adult education opportunities in the community;
(g) Clubhouse programs must focus on strengths, talents, and abilities of its members;
(h) The work‑ordered day may not include medication clinics, day treatment, or other therapy programs within the clubhouse.
(15) The department shall distribute appropriated state and federal funds in accordance with any priorities, terms, or conditions specified in the appropriations act.
(16) The secretary shall assume all duties assigned to the nonparticipating behavioral health organizations under chapters 71.05 and 71.34 RCW and this chapter. Such responsibilities shall include those which would have been assigned to the nonparticipating counties in regions where there are not participating behavioral health organizations.
The behavioral health organizations, or the secretary's assumption of all responsibilities under chapters 71.05 and 71.34 RCW and this chapter, shall be included in all state and federal plans affecting the state mental health program including at least those required by this chapter, the medicaid program, and P.L. 99-660. Nothing in these plans shall be inconsistent with the intent and requirements of this chapter.
(17) The secretary shall:
(a) Disburse funds for the behavioral health organizations within sixty days of approval of the biennial contract. The department must either approve or reject the biennial contract within sixty days of receipt.
(b) Enter into biennial contracts with behavioral health organizations. The contracts shall be consistent with available resources. No contract shall be approved that does not include progress toward meeting the goals of this chapter by taking responsibility for: (i) Short-term commitments; (ii) residential care; and (iii) emergency response systems.
(c) Notify behavioral health organizations of their allocation of available resources at least sixty days prior to the start of a new biennial contract period.
(d) Deny all or part of the funding allocations to behavioral health organizations based solely upon formal findings of noncompliance with the terms of the behavioral health organization's contract with the department. Behavioral health organizations disputing the decision of the secretary to withhold funding allocations are limited to the remedies provided in the department's contracts with the behavioral health organizations.
(18) The department, in cooperation with the state congressional delegation, shall actively seek waivers of federal requirements and such modifications of federal regulations as are necessary to allow federal medicaid reimbursement for services provided by freestanding evaluation and treatment facilities certified under chapter 71.05 RCW. The department shall periodically report its efforts to the appropriate committees of the senate and the house of representatives.
Sec. 9. RCW 71.24.300 and 2008 c 261 s 4 are each amended to read as follows:
(1) Upon the request of a tribal authority or authorities within a regional support network the joint operating agreement or the county authority shall allow for the inclusion of the tribal authority to be represented as a party to the regional support network.
(2) The roles and responsibilities of the county and tribal authorities shall be determined by the terms of that agreement including a determination of membership on the governing board and advisory committees, the number of tribal representatives to be party to the agreement, and the provisions of law and shall assure the provision of culturally competent services to the tribes served.
(3) The state mental health authority may not determine the roles and responsibilities of county authorities as to each other under regional support networks by rule, except to assure that all duties required of regional support networks are assigned and that counties and the regional support network do not duplicate functions and that a single authority has final responsibility for all available resources and performance under the regional support network's contract with the secretary.
(4) If a regional support network is a private entity, the department shall allow for the inclusion of the tribal authority to be represented as a party to the regional support network.
(5) The roles and responsibilities of the private entity and the tribal authorities shall be determined by the department, through negotiation with the tribal authority.
(6) Regional support networks shall submit an overall six-year operating and capital plan, timeline, and budget and submit progress reports and an updated two-year plan biennially thereafter, to assume within available resources all of the following duties:
(a) Administer and provide for the availability of all resource management services, residential services, and community support services.
(b) Administer and provide for the availability of an adequate network of evaluation and treatment services to ensure access to treatment, all investigation, transportation, court-related, and other services provided by the state or counties pursuant to chapter 71.05 RCW.
(c) Provide within the boundaries of each regional support network evaluation and treatment services for at least ninety percent of persons detained or committed for periods up to seventeen days according to chapter 71.05 RCW. Regional support networks may contract to purchase evaluation and treatment services from other networks if they are unable to provide for appropriate resources within their boundaries. Insofar as the original intent of serving persons in the community is maintained, the secretary is authorized to approve exceptions on a case-by-case basis to the requirement to provide evaluation and treatment services within the boundaries of each regional support network. Such exceptions are limited to:
(i) Contracts with neighboring or contiguous regions; or
(ii) Individuals detained or committed for periods up to seventeen days at the state hospitals at the discretion of the secretary.
(d) Administer and
provide for the availability of all other mental health services, which shall
include patient counseling, day treatment, consultation, education services,
employment services as ((defined)) described in RCW 71.24.035,
and mental health services to children.
(e) Establish standards and procedures for reviewing individual service plans and determining when that person may be discharged from resource management services.
(7) A regional support network may request that any state-owned land, building, facility, or other capital asset which was ever purchased, deeded, given, or placed in trust for the care of the persons with mental illness and which is within the boundaries of a regional support network be made available to support the operations of the regional support network. State agencies managing such capital assets shall give first priority to requests for their use pursuant to this chapter.
(8) Each regional support network shall appoint a mental health advisory board which shall review and provide comments on plans and policies developed under this chapter, provide local oversight regarding the activities of the regional support network, and work with the regional support network to resolve significant concerns regarding service delivery and outcomes. The department shall establish statewide procedures for the operation of regional advisory committees including mechanisms for advisory board feedback to the department regarding regional support network performance. The composition of the board shall be broadly representative of the demographic character of the region and shall include, but not be limited to, representatives of consumers and families, law enforcement, and where the county is not the regional support network, county elected officials. Composition and length of terms of board members may differ between regional support networks but shall be included in each regional support network's contract and approved by the secretary.
(9) Regional support networks shall assume all duties specified in their plans and joint operating agreements through biennial contractual agreements with the secretary.
(10) Regional support networks may receive technical assistance from the housing trust fund and may identify and submit projects for housing and housing support services to the housing trust fund established under chapter 43.185 RCW. Projects identified or submitted under this subsection must be fully integrated with the regional support network six-year operating and capital plan, timeline, and budget required by subsection (6) of this section.
Sec. 10. RCW 71.24.300 and 2014 c 225 s 39 are each amended to read as follows:
(1) Upon the request of a tribal authority or authorities within a behavioral health organization the joint operating agreement or the county authority shall allow for the inclusion of the tribal authority to be represented as a party to the behavioral health organization.
(2) The roles and responsibilities of the county and tribal authorities shall be determined by the terms of that agreement including a determination of membership on the governing board and advisory committees, the number of tribal representatives to be party to the agreement, and the provisions of law and shall assure the provision of culturally competent services to the tribes served.
(3) The state mental health authority may not determine the roles and responsibilities of county authorities as to each other under behavioral health organizations by rule, except to assure that all duties required of behavioral health organizations are assigned and that counties and the behavioral health organization do not duplicate functions and that a single authority has final responsibility for all available resources and performance under the behavioral health organization's contract with the secretary.
(4) If a behavioral health organization is a private entity, the department shall allow for the inclusion of the tribal authority to be represented as a party to the behavioral health organization.
(5) The roles and responsibilities of the private entity and the tribal authorities shall be determined by the department, through negotiation with the tribal authority.
(6) Behavioral health organizations shall submit an overall six-year operating and capital plan, timeline, and budget and submit progress reports and an updated two-year plan biennially thereafter, to assume within available resources all of the following duties:
(a) Administer and provide for the availability of all resource management services, residential services, and community support services.
(b) Administer and provide for the availability of an adequate network of evaluation and treatment services to ensure access to treatment, all investigation, transportation, court-related, and other services provided by the state or counties pursuant to chapter 71.05 RCW.
(c) Provide within the boundaries of each behavioral health organization evaluation and treatment services for at least ninety percent of persons detained or committed for periods up to seventeen days according to chapter 71.05 RCW. Behavioral health organizations may contract to purchase evaluation and treatment services from other organizations if they are unable to provide for appropriate resources within their boundaries. Insofar as the original intent of serving persons in the community is maintained, the secretary is authorized to approve exceptions on a case-by-case basis to the requirement to provide evaluation and treatment services within the boundaries of each behavioral health organization. Such exceptions are limited to:
(i) Contracts with neighboring or contiguous regions; or
(ii) Individuals detained or committed for periods up to seventeen days at the state hospitals at the discretion of the secretary.
(d) Administer and provide for the availability of all other mental health services, which shall include patient counseling, day treatment, consultation, education services, employment services as described in RCW 71.24.035, and mental health services to children.
(e) Establish standards and procedures for reviewing individual service plans and determining when that person may be discharged from resource management services.
(7) A behavioral health organization may request that any state-owned land, building, facility, or other capital asset which was ever purchased, deeded, given, or placed in trust for the care of the persons with mental illness and which is within the boundaries of a behavioral health organization be made available to support the operations of the behavioral health organization. State agencies managing such capital assets shall give first priority to requests for their use pursuant to this chapter.
(8) Each behavioral health organization shall appoint a mental health advisory board which shall review and provide comments on plans and policies developed under this chapter, provide local oversight regarding the activities of the behavioral health organization, and work with the behavioral health organization to resolve significant concerns regarding service delivery and outcomes. The department shall establish statewide procedures for the operation of regional advisory committees including mechanisms for advisory board feedback to the department regarding behavioral health organization performance. The composition of the board shall be broadly representative of the demographic character of the region and shall include, but not be limited to, representatives of consumers and families, law enforcement, and where the county is not the behavioral health organization, county elected officials. Composition and length of terms of board members may differ between behavioral health organizations but shall be included in each behavioral health organization's contract and approved by the secretary.
(9) Behavioral health organizations shall assume all duties specified in their plans and joint operating agreements through biennial contractual agreements with the secretary.
(10) Behavioral health organizations may receive technical assistance from the housing trust fund and may identify and submit projects for housing and housing support services to the housing trust fund established under chapter 43.185 RCW. Projects identified or submitted under this subsection must be fully integrated with the behavioral health organization six-year operating and capital plan, timeline, and budget required by subsection (6) of this section.
NEW SECTION. Sec. 11. A new section is added to chapter 71.24 RCW to read as follows:
The department must collaborate with regional support networks or behavioral health organizations and the Washington state institute for public policy to estimate the capacity needs for evaluation and treatment services within each regional service area. Estimated capacity needs shall include consideration of the average occupancy rates needed to provide an adequate network of evaluation and treatment services to ensure access to treatment. A regional service network or behavioral health organization must develop and maintain an adequate plan to provide for evaluation and treatment needs.
NEW SECTION. Sec. 12. A new section is added to chapter 71.34 RCW to read as follows:
(1) The department may use a single bed certification process as outlined in rule to provide additional treatment capacity for a minor suffering from a mental disorder for whom an evaluation and treatment bed is not available. The facility that is the proposed site of the single bed certification must be a facility that is willing and able to provide the person with timely and appropriate treatment either directly or by arrangement with other public or private agencies.
(2) A single bed certification must be specific to the minor receiving treatment.
(3) A designated mental health professional who submits an application for a single bed certification for treatment at a facility that is willing and able to provide timely and appropriate mental health treatment in good faith belief that the single bed certification is appropriate may presume that the single bed certification will be approved for the purpose of completing the detention process and responding to other emergency calls.
(4) The department may adopt rules implementing this section and continue to enforce rules it has already adopted except where inconsistent with this section.
Sec. 13. RCW 71.05.020 and 2011 c 148 s 1 and 2011 c 89 s 14 are each reenacted and amended to read as follows:
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
(1) "Admission" or "admit" means a decision by a physician or psychiatric advanced registered nurse practitioner that a person should be examined or treated as a patient in a hospital;
(2) "Antipsychotic medications" means that class of drugs primarily used to treat serious manifestations of mental illness associated with thought disorders, which includes, but is not limited to atypical antipsychotic medications;
(3) "Attending staff" means any person on the staff of a public or private agency having responsibility for the care and treatment of a patient;
(4) "Commitment" means the determination by a court that a person should be detained for a period of either evaluation or treatment, or both, in an inpatient or a less restrictive setting;
(5) "Conditional release" means a revocable modification of a commitment, which may be revoked upon violation of any of its terms;
(6) "Crisis stabilization unit" means a short-term facility or a portion of a facility licensed by the department of health and certified by the department of social and health services under RCW 71.24.035, such as an evaluation and treatment facility or a hospital, which has been designed to assess, diagnose, and treat individuals experiencing an acute crisis without the use of long-term hospitalization;
(7) "Custody" means involuntary detention under the provisions of this chapter or chapter 10.77 RCW, uninterrupted by any period of unconditional release from commitment from a facility providing involuntary care and treatment;
(8) "Department" means the department of social and health services;
(9) "Designated chemical dependency specialist" means a person designated by the county alcoholism and other drug addiction program coordinator designated under RCW 70.96A.310 to perform the commitment duties described in chapters 70.96A and 70.96B RCW;
(10) "Designated crisis responder" means a mental health professional appointed by the county or the regional support network to perform the duties specified in this chapter;
(11) "Designated mental health professional" means a mental health professional designated by the county or other authority authorized in rule to perform the duties specified in this chapter;
(12) "Detention" or "detain" means the lawful confinement of a person, under the provisions of this chapter;
(13) "Developmental disabilities professional" means a person who has specialized training and three years of experience in directly treating or working with persons with developmental disabilities and is a psychiatrist, psychologist, psychiatric advanced registered nurse practitioner, or social worker, and such other developmental disabilities professionals as may be defined by rules adopted by the secretary;
(14)
"Developmental disability" means that condition defined in RCW
71A.10.020(((3))) (5);
(15) "Discharge" means the termination of hospital medical authority. The commitment may remain in place, be terminated, or be amended by court order;
(16) "Evaluation and treatment facility" means any facility which can provide directly, or by direct arrangement with other public or private agencies, emergency evaluation and treatment, outpatient care, and timely and appropriate inpatient care to persons suffering from a mental disorder, and which is certified as such by the department. The department may certify single beds as temporary evaluation and treatment beds under section 2 of this act. A physically separate and separately operated portion of a state hospital may be designated as an evaluation and treatment facility. A facility which is part of, or operated by, the department or any federal agency will not require certification. No correctional institution or facility, or jail, shall be an evaluation and treatment facility within the meaning of this chapter;
(17) "Gravely disabled" means a condition in which a person, as a result of a mental disorder: (a) Is in danger of serious physical harm resulting from a failure to provide for his or her essential human needs of health or safety; or (b) manifests severe deterioration in routine functioning evidenced by repeated and escalating loss of cognitive or volitional control over his or her actions and is not receiving such care as is essential for his or her health or safety;
(18) "Habilitative services" means those services provided by program personnel to assist persons in acquiring and maintaining life skills and in raising their levels of physical, mental, social, and vocational functioning. Habilitative services include education, training for employment, and therapy. The habilitative process shall be undertaken with recognition of the risk to the public safety presented by the person being assisted as manifested by prior charged criminal conduct;
(19) "History of one or more violent acts" refers to the period of time ten years prior to the filing of a petition under this chapter, excluding any time spent, but not any violent acts committed, in a mental health facility or in confinement as a result of a criminal conviction;
(20) "Imminent" means the state or condition of being likely to occur at any moment or near at hand, rather than distant or remote;
(21) "Individualized service plan" means a plan prepared by a developmental disabilities professional with other professionals as a team, for a person with developmental disabilities, which shall state:
(a) The nature of the person's specific problems, prior charged criminal behavior, and habilitation needs;
(b) The conditions and strategies necessary to achieve the purposes of habilitation;
(c) The intermediate and long-range goals of the habilitation program, with a projected timetable for the attainment;
(d) The rationale for using this plan of habilitation to achieve those intermediate and long-range goals;
(e) The staff responsible for carrying out the plan;
(f) Where relevant in light of past criminal behavior and due consideration for public safety, the criteria for proposed movement to less-restrictive settings, criteria for proposed eventual discharge or release, and a projected possible date for discharge or release; and
(g) The type of residence immediately anticipated for the person and possible future types of residences;
(22) "Information related to mental health services" means all information and records compiled, obtained, or maintained in the course of providing services to either voluntary or involuntary recipients of services by a mental health service provider. This may include documents of legal proceedings under this chapter or chapter 71.34 or 10.77 RCW, or somatic health care information;
(23) "Judicial commitment" means a commitment by a court pursuant to the provisions of this chapter;
(24) "Legal counsel" means attorneys and staff employed by county prosecutor offices or the state attorney general acting in their capacity as legal representatives of public mental health service providers under RCW 71.05.130;
(25) "Likelihood of serious harm" means:
(a) A substantial risk that: (i) Physical harm will be inflicted by a person upon his or her own person, as evidenced by threats or attempts to commit suicide or inflict physical harm on oneself; (ii) physical harm will be inflicted by a person upon another, as evidenced by behavior which has caused such harm or which places another person or persons in reasonable fear of sustaining such harm; or (iii) physical harm will be inflicted by a person upon the property of others, as evidenced by behavior which has caused substantial loss or damage to the property of others; or
(b) The person has threatened the physical safety of another and has a history of one or more violent acts;
(26) "Mental disorder" means any organic, mental, or emotional impairment which has substantial adverse effects on a person's cognitive or volitional functions;
(27) "Mental health professional" means a psychiatrist, psychologist, psychiatric advanced registered nurse practitioner, psychiatric nurse, or social worker, and such other mental health professionals as may be defined by rules adopted by the secretary pursuant to the provisions of this chapter;
(28) "Mental health service provider" means a public or private agency that provides mental health services to persons with mental disorders as defined under this section and receives funding from public sources. This includes, but is not limited to, hospitals licensed under chapter 70.41 RCW, evaluation and treatment facilities as defined in this section, community mental health service delivery systems or community mental health programs as defined in RCW 71.24.025, facilities conducting competency evaluations and restoration under chapter 10.77 RCW, and correctional facilities operated by state and local governments;
(29) "Peace officer" means a law enforcement official of a public agency or governmental unit, and includes persons specifically given peace officer powers by any state law, local ordinance, or judicial order of appointment;
(30) "Private agency" means any person, partnership, corporation, or association that is not a public agency, whether or not financed in whole or in part by public funds, which constitutes an evaluation and treatment facility or private institution, or hospital, which is conducted for, or includes a department or ward conducted for, the care and treatment of persons who are mentally ill;
(31) "Professional person" means a mental health professional and shall also mean a physician, psychiatric advanced registered nurse practitioner, registered nurse, and such others as may be defined by rules adopted by the secretary pursuant to the provisions of this chapter;
(32) "Psychiatric advanced registered nurse practitioner" means a person who is licensed as an advanced registered nurse practitioner pursuant to chapter 18.79 RCW; and who is board certified in advanced practice psychiatric and mental health nursing;
(33) "Psychiatrist" means a person having a license as a physician and surgeon in this state who has in addition completed three years of graduate training in psychiatry in a program approved by the American medical association or the American osteopathic association and is certified or eligible to be certified by the American board of psychiatry and neurology;
(34) "Psychologist" means a person who has been licensed as a psychologist pursuant to chapter 18.83 RCW;
(35) "Public agency" means any evaluation and treatment facility or institution, or hospital which is conducted for, or includes a department or ward conducted for, the care and treatment of persons with mental illness, if the agency is operated directly by, federal, state, county, or municipal government, or a combination of such governments;
(36) "Registration records" include all the records of the department, regional support networks, treatment facilities, and other persons providing services to the department, county departments, or facilities which identify persons who are receiving or who at any time have received services for mental illness;
(37) "Release" means legal termination of the commitment under the provisions of this chapter;
(38) "Resource management services" has the meaning given in chapter 71.24 RCW;
(39) "Secretary" means the secretary of the department of social and health services, or his or her designee;
(40) "Serious violent offense" has the same meaning as provided in RCW 9.94A.030;
(41) "Social worker" means a person with a master's or further advanced degree from a social work educational program accredited and approved as provided in RCW 18.320.010;
(42) "Therapeutic court personnel" means the staff of a mental health court or other therapeutic court which has jurisdiction over defendants who are dually diagnosed with mental disorders, including court personnel, probation officers, a court monitor, prosecuting attorney, or defense counsel acting within the scope of therapeutic court duties;
(43) "Triage facility" means a short-term facility or a portion of a facility licensed by the department of health and certified by the department of social and health services under RCW 71.24.035, which is designed as a facility to assess and stabilize an individual or determine the need for involuntary commitment of an individual, and must meet department of health residential treatment facility standards. A triage facility may be structured as a voluntary or involuntary placement facility;
(44) "Treatment records" include registration and all other records concerning persons who are receiving or who at any time have received services for mental illness, which are maintained by the department, by regional support networks and their staffs, and by treatment facilities. Treatment records include mental health information contained in a medical bill including but not limited to mental health drugs, a mental health diagnosis, provider name, and dates of service stemming from a medical service. Treatment records do not include notes or records maintained for personal use by a person providing treatment services for the department, regional support networks, or a treatment facility if the notes or records are not available to others;
(45) "Violent act" means behavior that resulted in homicide, attempted suicide, nonfatal injuries, or substantial damage to property;
(46) "Medical clearance" means a physician or other health care provider has determined that a person is medically stable and ready for referral to the designated mental health professional.
Sec. 14. RCW 71.05.020 and 2014 c 225 s 79 are each reenacted and amended to read as follows:
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
(1) "Admission" or "admit" means a decision by a physician or psychiatric advanced registered nurse practitioner that a person should be examined or treated as a patient in a hospital;
(2) "Antipsychotic medications" means that class of drugs primarily used to treat serious manifestations of mental illness associated with thought disorders, which includes, but is not limited to atypical antipsychotic medications;
(3) "Attending staff" means any person on the staff of a public or private agency having responsibility for the care and treatment of a patient;
(4) "Commitment" means the determination by a court that a person should be detained for a period of either evaluation or treatment, or both, in an inpatient or a less restrictive setting;
(5) "Conditional release" means a revocable modification of a commitment, which may be revoked upon violation of any of its terms;
(6) "Crisis stabilization unit" means a short-term facility or a portion of a facility licensed by the department of health and certified by the department of social and health services under RCW 71.24.035, such as an evaluation and treatment facility or a hospital, which has been designed to assess, diagnose, and treat individuals experiencing an acute crisis without the use of long-term hospitalization;
(7) "Custody" means involuntary detention under the provisions of this chapter or chapter 10.77 RCW, uninterrupted by any period of unconditional release from commitment from a facility providing involuntary care and treatment;
(8) "Department" means the department of social and health services;
(9) "Designated chemical dependency specialist" means a person designated by the county alcoholism and other drug addiction program coordinator designated under RCW 70.96A.310 to perform the commitment duties described in chapters 70.96A and 70.96B RCW;
(10) "Designated crisis responder" means a mental health professional appointed by the county or the behavioral health organization to perform the duties specified in this chapter;
(11) "Designated mental health professional" means a mental health professional designated by the county or other authority authorized in rule to perform the duties specified in this chapter;
(12) "Detention" or "detain" means the lawful confinement of a person, under the provisions of this chapter;
(13) "Developmental disabilities professional" means a person who has specialized training and three years of experience in directly treating or working with persons with developmental disabilities and is a psychiatrist, psychologist, psychiatric advanced registered nurse practitioner, or social worker, and such other developmental disabilities professionals as may be defined by rules adopted by the secretary;
(14)
"Developmental disability" means that condition defined in RCW
71A.10.020(((4))) (5);
(15) "Discharge" means the termination of hospital medical authority. The commitment may remain in place, be terminated, or be amended by court order;
(16) "Evaluation and treatment facility" means any facility which can provide directly, or by direct arrangement with other public or private agencies, emergency evaluation and treatment, outpatient care, and timely and appropriate inpatient care to persons suffering from a mental disorder, and which is certified as such by the department. The department may certify single beds as temporary evaluation and treatment beds under section 2 of this act. A physically separate and separately operated portion of a state hospital may be designated as an evaluation and treatment facility. A facility which is part of, or operated by, the department or any federal agency will not require certification. No correctional institution or facility, or jail, shall be an evaluation and treatment facility within the meaning of this chapter;
(17) "Gravely disabled" means a condition in which a person, as a result of a mental disorder: (a) Is in danger of serious physical harm resulting from a failure to provide for his or her essential human needs of health or safety; or (b) manifests severe deterioration in routine functioning evidenced by repeated and escalating loss of cognitive or volitional control over his or her actions and is not receiving such care as is essential for his or her health or safety;
(18) "Habilitative services" means those services provided by program personnel to assist persons in acquiring and maintaining life skills and in raising their levels of physical, mental, social, and vocational functioning. Habilitative services include education, training for employment, and therapy. The habilitative process shall be undertaken with recognition of the risk to the public safety presented by the person being assisted as manifested by prior charged criminal conduct;
(19) "History of one or more violent acts" refers to the period of time ten years prior to the filing of a petition under this chapter, excluding any time spent, but not any violent acts committed, in a mental health facility or in confinement as a result of a criminal conviction;
(20) "Imminent" means the state or condition of being likely to occur at any moment or near at hand, rather than distant or remote;
(21) "Individualized service plan" means a plan prepared by a developmental disabilities professional with other professionals as a team, for a person with developmental disabilities, which shall state:
(a) The nature of the person's specific problems, prior charged criminal behavior, and habilitation needs;
(b) The conditions and strategies necessary to achieve the purposes of habilitation;
(c) The intermediate and long-range goals of the habilitation program, with a projected timetable for the attainment;
(d) The rationale for using this plan of habilitation to achieve those intermediate and long-range goals;
(e) The staff responsible for carrying out the plan;
(f) Where relevant in light of past criminal behavior and due consideration for public safety, the criteria for proposed movement to less-restrictive settings, criteria for proposed eventual discharge or release, and a projected possible date for discharge or release; and
(g) The type of residence immediately anticipated for the person and possible future types of residences;
(22) "Information related to mental health services" means all information and records compiled, obtained, or maintained in the course of providing services to either voluntary or involuntary recipients of services by a mental health service provider. This may include documents of legal proceedings under this chapter or chapter 71.34 or 10.77 RCW, or somatic health care information;
(23) "Judicial commitment" means a commitment by a court pursuant to the provisions of this chapter;
(24) "Legal counsel" means attorneys and staff employed by county prosecutor offices or the state attorney general acting in their capacity as legal representatives of public mental health service providers under RCW 71.05.130;
(25) "Likelihood of serious harm" means:
(a) A substantial risk that: (i) Physical harm will be inflicted by a person upon his or her own person, as evidenced by threats or attempts to commit suicide or inflict physical harm on oneself; (ii) physical harm will be inflicted by a person upon another, as evidenced by behavior which has caused such harm or which places another person or persons in reasonable fear of sustaining such harm; or (iii) physical harm will be inflicted by a person upon the property of others, as evidenced by behavior which has caused substantial loss or damage to the property of others; or
(b) The person has threatened the physical safety of another and has a history of one or more violent acts;
(26) "Mental disorder" means any organic, mental, or emotional impairment which has substantial adverse effects on a person's cognitive or volitional functions;
(27) "Mental health professional" means a psychiatrist, psychologist, psychiatric advanced registered nurse practitioner, psychiatric nurse, or social worker, and such other mental health professionals as may be defined by rules adopted by the secretary pursuant to the provisions of this chapter;
(28) "Mental health service provider" means a public or private agency that provides mental health services to persons with mental disorders as defined under this section and receives funding from public sources. This includes, but is not limited to, hospitals licensed under chapter 70.41 RCW, evaluation and treatment facilities as defined in this section, community mental health service delivery systems or community mental health programs as defined in RCW 71.24.025, facilities conducting competency evaluations and restoration under chapter 10.77 RCW, and correctional facilities operated by state and local governments;
(29) "Peace officer" means a law enforcement official of a public agency or governmental unit, and includes persons specifically given peace officer powers by any state law, local ordinance, or judicial order of appointment;
(30) "Private agency" means any person, partnership, corporation, or association that is not a public agency, whether or not financed in whole or in part by public funds, which constitutes an evaluation and treatment facility or private institution, or hospital, which is conducted for, or includes a department or ward conducted for, the care and treatment of persons who are mentally ill;
(31) "Professional person" means a mental health professional and shall also mean a physician, psychiatric advanced registered nurse practitioner, registered nurse, and such others as may be defined by rules adopted by the secretary pursuant to the provisions of this chapter;
(32) "Psychiatric advanced registered nurse practitioner" means a person who is licensed as an advanced registered nurse practitioner pursuant to chapter 18.79 RCW; and who is board certified in advanced practice psychiatric and mental health nursing;
(33) "Psychiatrist" means a person having a license as a physician and surgeon in this state who has in addition completed three years of graduate training in psychiatry in a program approved by the American medical association or the American osteopathic association and is certified or eligible to be certified by the American board of psychiatry and neurology;
(34) "Psychologist" means a person who has been licensed as a psychologist pursuant to chapter 18.83 RCW;
(35) "Public agency" means any evaluation and treatment facility or institution, or hospital which is conducted for, or includes a department or ward conducted for, the care and treatment of persons with mental illness, if the agency is operated directly by, federal, state, county, or municipal government, or a combination of such governments;
(36) "Registration records" include all the records of the department, behavioral health organizations, treatment facilities, and other persons providing services to the department, county departments, or facilities which identify persons who are receiving or who at any time have received services for mental illness;
(37) "Release" means legal termination of the commitment under the provisions of this chapter;
(38) "Resource management services" has the meaning given in chapter 71.24 RCW;
(39) "Secretary" means the secretary of the department of social and health services, or his or her designee;
(40) "Serious violent offense" has the same meaning as provided in RCW 9.94A.030;
(41) "Social worker" means a person with a master's or further advanced degree from a social work educational program accredited and approved as provided in RCW 18.320.010;
(42) "Therapeutic court personnel" means the staff of a mental health court or other therapeutic court which has jurisdiction over defendants who are dually diagnosed with mental disorders, including court personnel, probation officers, a court monitor, prosecuting attorney, or defense counsel acting within the scope of therapeutic court duties;
(43) "Treatment records" include registration and all other records concerning persons who are receiving or who at any time have received services for mental illness, which are maintained by the department, by behavioral health organizations and their staffs, and by treatment facilities. Treatment records include mental health information contained in a medical bill including but not limited to mental health drugs, a mental health diagnosis, provider name, and dates of service stemming from a medical service. Treatment records do not include notes or records maintained for personal use by a person providing treatment services for the department, behavioral health organizations, or a treatment facility if the notes or records are not available to others;
(44) "Triage facility" means a short-term facility or a portion of a facility licensed by the department of health and certified by the department of social and health services under RCW 71.24.035, which is designed as a facility to assess and stabilize an individual or determine the need for involuntary commitment of an individual, and must meet department of health residential treatment facility standards. A triage facility may be structured as a voluntary or involuntary placement facility;
(45) "Violent act" means behavior that resulted in homicide, attempted suicide, nonfatal injuries, or substantial damage to property;
(46) "Medical clearance" means a physician or other health care provider has determined that a person is medically stable and ready for referral to the designated mental health professional.
NEW SECTION. Sec. 15. (1) The Washington state institute for public policy is directed to complete a study by December 1, 2015, regarding the implementation of certain aspects of the involuntary treatment act under chapter 71.05 RCW. The study must include, but not be limited to:
(a) An assessment of the nonemergent detention process provided under RCW 71.05.150, which examines:
(i) The number of nonemergent petitions filed in each county by year;
(ii) The reasons for variation in the use of nonemergent detentions based on feedback from judicial officers, prosecutors, public defenders, and mental health professionals; and
(iii) Models in other states for handling civil commitments when imminent danger is not present.
(b) An analysis of less restrictive alternative orders under the involuntary treatment act including:
(i) Differences across counties with respect to: (A) The use of less restrictive alternatives and reasons why least restrictive alternatives may or may not be utilized in different jurisdictions; (B) monitoring practices; and (C) rates of, grounds for, and outcomes of petitions for revocation or modification;
(ii) A systematic review of the research literature on the effectiveness of alternatives to involuntary hospitalizations in reducing violence and rehospitalizations; and
(iii) Approaches used in other states to monitor and enforce least restrictive orders, including associated costs.
Sec. 16. RCW 71.05.620 and 2013 c 200 s 23 are each amended to read as follows:
(1) The files and records of court proceedings under this chapter and chapters 70.96A, 71.34, and 70.96B RCW shall be closed but shall be accessible to:
(a) The department;
(b) The state hospitals as defined in RCW 72.23.010;
(c) Any person who is
the subject of a petition ((and to));
(d) The person's
attorney((,)) or guardian ((ad litem,));
(e) Resource management
services((, or)) for that person; and
(f) Service providers authorized to receive such information by resource management services.
(2) The department shall adopt rules to implement this section.
NEW SECTION. Sec. 17. (1) Sections 9 and 13 of this act expire April 1, 2016.
(2) Section 15 of this act expires June 30, 2016.
NEW SECTION. Sec. 18. Sections 10 and 14 of this act take effect April 1, 2016.
NEW SECTION. Sec. 19. Sections 1 through 9 and 11 through 13 of this act are necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and take effect immediately."
Correct the title.
Signed by Representatives Jinkins, Chair; Kilduff, Vice Chair; Rodne, Ranking Minority Member; Goodman; Haler; Hansen; Kirby; Klippert; Muri; Orwall; Stokesbary and Walkinshaw.
MINORITY recommendation: Do not pass. Signed by Representative Shea, Assistant Ranking Minority Member.
Referred to Committee on Appropriations.
March 31, 2015
SB 5650 Prime Sponsor, Senator Padden: Modifying provisions governing inmate funds subject to deductions. Reported by Committee on General Government & Information Technology
MAJORITY recommendation: Do pass as amended by Committee on Public Safety. Signed by Representatives Hudgins, Chair; Senn, Vice Chair; MacEwen, Ranking Minority Member; Caldier, Assistant Ranking Minority Member; McCabe; Morris and Takko.
Passed to Committee on Rules for second reading.
April 1, 2015
SSB 5715 Prime Sponsor, Committee on Ways & Means: Including the contents of fiscal impact statements in the ballot title for certain initiative measures. Reported by Committee on State Government
MAJORITY recommendation: Do pass as amended.
Strike everything after the enacting clause and insert the following:
"Sec. 1. RCW 29A.72.050 and 2003 c 111 s 1806 are each amended to read as follows:
(1) The ballot title for an initiative to the people, an initiative to the legislature, a referendum bill, or a referendum measure consists of: (a) A statement of the subject of the measure; (b) a concise description of the measure; and (c) a question in the form prescribed in this section for the ballot measure in question. The statement of the subject of a measure must be sufficiently broad to reflect the subject of the measure, sufficiently precise to give notice of the measure's subject matter, and not exceed ten words. The concise description must contain no more than thirty words, be a true and impartial description of the measure's essential contents, clearly identify the proposition to be voted on, and not, to the extent reasonably possible, create prejudice either for or against the measure.
(2) For an initiative to the people, or for an initiative to the legislature for which the legislature has not proposed an alternative, the ballot title must be displayed on the ballot substantially as follows:
"Initiative Measure No. . . . concerns (statement of subject). This measure would (concise description). Should this measure be enacted into law?
Yes ........................................................................................... □
No ............................................................................................ □
The ballot title under this subsection is subject to revision under RCW 29A.72.250 (2) or (3).
(3) For an initiative to the legislature for which the legislature has proposed an alternative, the ballot title must be displayed on the ballot substantially as follows:
"Initiative Measure Nos. . . . and . . .B concern (statement of subject).
Initiative Measure No. . . . would (concise description).
As an alternative, the legislature has proposed Initiative Measure No. . . .B, which would (concise description).
1. Should either of these measures be enacted into law?
Yes ........................................................................................... □
No ............................................................................................ □
2. Regardless of whether you voted yes or no above, if one of these measures is enacted, which one should it be?
Measure No. ............................................................................. □
or
Measure No. ............................................................................. □
(4) For a referendum bill submitted to the people by the legislature, the ballot issue must be displayed on the ballot substantially as follows:
"The legislature has passed . . . . Bill No. . . . concerning (statement of subject). This bill would (concise description). Should this bill be:
Approved .................................................................................. □
Rejected .................................................................................... □
(5) For a referendum measure by state voters on a bill the legislature has passed, the ballot issue must be displayed on the ballot substantially as follows:
"The legislature passed . . . Bill No. . . . concerning (statement of subject) and voters have filed a sufficient referendum petition on this bill. This bill would (concise description). Should this bill be:
Approved .................................................................................. □
Rejected .................................................................................... □
(6) The legislature may specify the statement of subject or concise description, or both, in a referendum bill that it refers to the people. The legislature may specify the concise description for an alternative it submits for an initiative to the legislature. If the legislature fails to specify these matters, the attorney general shall prepare the material that was not specified. The statement of subject and concise description as so provided must be included as part of the ballot title unless changed on appeal.
The attorney general shall specify the statement of subject and concise description for an initiative to the people, an initiative to the legislature, and a referendum measure. The statement of subject and concise description as so provided must be included as part of the ballot title unless changed on appeal.
Sec. 2. RCW 29A.72.250 and 2013 c 11 s 75 are each amended to read as follows:
(1) If a referendum or initiative petition for submission of a measure to the people is found sufficient, the secretary of state shall at the time and in the manner that he or she certifies to the county auditors of the various counties the names of candidates for state and district officers certify to each county auditor the serial numbers and ballot titles of the several initiative and referendum measures and serial numbers and short descriptions of measures submitted for an advisory vote of the people to be voted upon at the next ensuing general election or special election ordered by the legislature.
(2) For an initiative to the people, or for an initiative to the legislature for which the legislature has not proposed an alternative, that has been certified for the ballot, and for which the fiscal impact statement prepared pursuant to RCW 29A.72.025 indicates that the initiative will result in an estimated net biennial increase in state expenditures of twenty-five million dollars or greater, or an estimated net biennial decrease in state revenues of twenty-five million dollars or greater, the ballot title to be displayed in the voters' pamphlet and on the ballot shall be revised substantially as follows:
"Initiative Measure No. . . . concerns (statement of subject). This measure would (concise description). The state budget office has determined that this proposal is estimated to have an unfunded net impact of (amount) per biennium on the state budget. This means other state spending may need to be reduced or taxes increased to implement the proposal. Should this measure be enacted into law?
Yes ........................................................................................... □
No .......................................................................................... □"
(3) For an initiative to the people, or for an initiative to the legislature for which the legislature has not proposed an alternative, that has been certified for the ballot, and for which the fiscal impact statement prepared pursuant to RCW 29A.72.025 indicates that the initiative will result in an estimated net biennial decrease in state expenditures of twenty-five million dollars or greater, or an estimated net biennial increase in state revenues of twenty-five million dollars or greater, the ballot title to be displayed in the voters' pamphlet and on the ballot shall be revised substantially as follows:
"Initiative Measure No. . . . concerns (statement of subject). This measure would (concise description). The state budget office has determined that this proposal would have net positive impact of (amount) on the state budget. This means additional funding may be available for other state spending or taxes decreased as a result of the proposal. Should this measure be enacted into law?
Yes ........................................................................................... □
No .......................................................................................... □"
NEW SECTION. Sec. 3. This act takes effect January 1, 2016."
Correct the title.
Signed by Representatives Hunt, S., Chair; Bergquist, Vice Chair; Appleton and Gregory.
MINORITY recommendation: Do not pass. Signed by Representatives Holy, Ranking Minority Member; Van Werven, Assistant Ranking Minority Member and Hawkins.
Passed to Committee on Rules for second reading.
April 1, 2015
SB 5777 Prime Sponsor, Senator Becker: Concerning state employee whistleblower protection. Reported by Committee on State Government
MAJORITY recommendation: Do pass. Signed by Representatives Hunt, S., Chair; Bergquist, Vice Chair; Holy, Ranking Minority Member; Van Werven, Assistant Ranking Minority Member; Appleton; Gregory and Hawkins.
Passed to Committee on Rules for second reading.
April 1, 2015
ESSB 5785 Prime Sponsor, Committee on Government Operations & Security: Revising the definition of official duties of state officers. Reported by Committee on State Government
MAJORITY recommendation: Do pass as amended.
On page 3, line 31, after "responsibilities," insert "activities described in an agency's publicly released strategic plan or similar document,"
Signed by Representatives Hunt, S., Chair; Bergquist, Vice Chair; Appleton and Gregory.
MINORITY recommendation: Do not pass. Signed by Representatives Holy, Ranking Minority Member; Van Werven, Assistant Ranking Minority Member and Hawkins.
Passed to Committee on Rules for second reading.
April 1, 2015
SB 5793 Prime Sponsor, Senator Darneille: Providing credit towards child support obligations for veterans benefits. Reported by Committee on Judiciary
MAJORITY recommendation: Do pass. Signed by Representatives Jinkins, Chair; Kilduff, Vice Chair; Rodne, Ranking Minority Member; Shea, Assistant Ranking Minority Member; Goodman; Haler; Hansen; Kirby; Klippert; Muri; Orwall; Stokesbary and Walkinshaw.
Passed to Committee on Rules for second reading.
April 1, 2015
ESSB 5810 Prime Sponsor, Committee on Government Operations & Security: Promoting the use, acceptance, and removal of barriers to the use and acceptance of electronic signatures. Reported by Committee on State Government
MAJORITY recommendation: Do pass. Signed by Representatives Hunt, S., Chair; Bergquist, Vice Chair; Holy, Ranking Minority Member; Van Werven, Assistant Ranking Minority Member; Appleton; Gregory and Hawkins.
Passed to Committee on Rules for second reading.
March 31, 2015
SSB 5820 Prime Sponsor, Committee on Transportation: Concerning the sale of certain department of transportation surplus property. Reported by Committee on Transportation
MAJORITY recommendation: Do pass as amended.
Strike everything after the enacting clause and insert the following:
"Sec. 1. RCW 47.12.283 and 2010 c 8 s 10006 are each amended to read as follows:
(1) Whenever the department of transportation determines that any real property owned by the state of Washington and under the jurisdiction of the department is no longer required for highway purposes and that it is in the public interest to do so, the department may, in its discretion, sell the property under RCW 47.12.063 or under subsections (2) through (6) of this section.
(2) Whenever the department determines to
sell real property under its jurisdiction at public auction, the department
shall first give notice thereof by ((publication on the same day of the week
for two consecutive weeks, with the first publication at least two weeks prior
to the date of the auction, in a legal newspaper of general circulation in
the area where the property to be sold is located. The notice shall be placed
in both the legal notices section and the real estate classified section of the
newspaper)) the most appropriate method as determined by the department.
The notice shall contain a description of the property, the time and place of
the auction, and the terms of the sale. The sale may be for cash or by real
estate contract.
(3) The department shall sell the property at the public auction, in accordance with the terms set forth in the notice, to the highest and best bidder providing the bid is equal to or higher than the appraised fair market value of the property.
(4) If no bids are received at the auction or if all bids are rejected, the department may, in its discretion, enter into negotiations for the sale of the property or may list the property with a licensed real estate broker. No property shall be sold by negotiations or through a broker for less than the property's appraised fair market value. Any offer to purchase real property pursuant to this subsection shall be in writing and may be rejected at any time prior to written acceptance by the department.
(5) ((Before the department shall
approve any offer for the purchase of real property having an appraised value
of more than ten thousand dollars, pursuant to subsection (4) of this section,
the department shall first publish a notice of the proposed sale in a local
newspaper of general circulation in the area where the property is located. The
notice shall include a description of the property, the selling price, the
terms of the sale, including the price and interest rate if sold by real estate
contract, and the name and address of the department employee or the real
estate broker handling the transaction. The notice shall further state that any
person may, within ten days after the publication of the notice, deliver to the
designated state employee or real estate broker a written offer to purchase the
property for not less than ten percent more than the negotiated sale price,
subject to the same terms and conditions. A subsequent offer shall not be
considered unless it is accompanied by a deposit of twenty percent of the offer
in the form of cash, money order, cashiers check, or certified check payable to
the Washington state treasurer, to be forfeited to the state (for deposit in
the motor vehicle fund) if the offeror fails to complete the sale if the
offeror's offer is accepted. If a subsequent offer is received, the first
offeror shall be informed by registered or certified mail sent to the
address stated in his or her offer. The first offeror shall then have ten days,
from the date of mailing the notice of the increased offer, in which to file
with the designated state employee or real estate broker a higher offer than
that of the subsequent offeror. After the expiration of the ten-day period, the
department shall approve in writing the highest and best offer which the
department then has on file.
(6))) All moneys received pursuant to this
section, less any real estate broker's commissions paid pursuant to RCW
47.12.320, shall be deposited in the motor vehicle fund.
Sec. 2. RCW 47.12.063 and 2011 c 376 s 2 are each amended to read as follows:
(1) It is the intent of the legislature to continue the department's policy giving priority consideration to abutting property owners in agricultural areas when disposing of property through its surplus property program under this section.
(2) Whenever the department determines that any real property owned by the state of Washington and under the jurisdiction of the department is no longer required for transportation purposes and that it is in the public interest to do so, the department may sell the property or exchange it in full or part consideration for land or building improvements or for construction of highway improvements at fair market value to any person through the solicitation of written bids through public advertising in the manner prescribed under RCW 47.28.050 or in the manner prescribed under RCW 47.12.283.
(3) The department may forego the processes prescribed by RCW 47.28.050 and 47.12.283 and sell the real property to any of the following entities or persons at fair market value:
(a) Any other state agency;
(b) The city or county in which the property is situated;
(c) Any other municipal corporation;
(d) Regional transit authorities created under chapter 81.112 RCW;
(e) The former owner of the property from whom the state acquired title;
(f) In the case of residentially improved property, a tenant of the department who has resided thereon for not less than six months and who is not delinquent in paying rent to the state;
(g) Any abutting private owner but only after each other abutting private owner (if any), as shown in the records of the county assessor, is notified in writing of the proposed sale. If more than one abutting private owner requests in writing the right to purchase the property within fifteen days after receiving notice of the proposed sale, the property shall be sold at public auction in the manner provided in RCW 47.12.283;
(h) To any other owner of real property required for transportation purposes;
(i) In the case of property suitable for residential use, any nonprofit organization dedicated to providing affordable housing to very low-income, low-income, and moderate-income households as defined in RCW 43.63A.510 and is eligible to receive assistance through the Washington housing trust fund created in chapter 43.185 RCW; or
(j) A federally recognized Indian tribe within whose reservation boundary the property is located.
(4) When selling real property pursuant to RCW 47.12.283, the department may withhold or withdraw the property from an auction when requested by one of the entities or persons listed in subsection (3) of this section and only after the receipt of a nonrefundable deposit equal to ten percent of the fair market value of the real property or five thousand dollars, whichever is less. This subsection does not prohibit the department from exercising its discretion to withhold or withdraw the real property from an auction if the department determines that the property is no longer surplus or chooses to sell the property through one of the other means listed in subsection (2) of this section. If a transaction under this subsection is not completed within sixty days, the real property must be put back up for sale.
(5) Sales to purchasers may, at the department's option, be for cash, by real estate contract, or exchange of land or highway improvements. Transactions involving the construction of improvements must be conducted pursuant to chapter 47.28 RCW and Title 39 RCW, as applicable, and must comply with all other applicable laws and rules.
(6) Conveyances made pursuant to this section shall be by deed executed by the secretary of transportation and shall be duly acknowledged.
(7) Unless otherwise provided, all moneys received pursuant to the provisions of this section less any real estate broker commissions paid pursuant to RCW 47.12.320 shall be deposited in the motor vehicle fund.
(8) The department may not enter into equal value exchanges or property acquisitions for building improvements without first consulting with the office of financial management and the joint transportation committee."
Correct the title.
Signed by Representatives Clibborn, Chair; Farrell, Vice Chair; Fey, Vice Chair; Moscoso, Vice Chair; Orcutt, Ranking Minority Member; Hargrove, Assistant Ranking Minority Member; Bergquist; Gregerson; Harmsworth; Hayes; Kochmar; McBride; Moeller; Morris; Ortiz-Self; Pike; Riccelli; Sells; Takko; Tarleton; Wilson and Zeiger.
MINORITY recommendation: Do not pass. Signed by Representatives Shea and Young.
Passed to Committee on Rules for second reading.
March 25, 2015
ESSB 5826 Prime Sponsor, Committee on Ways & Means: Creating the Washington small business retirement marketplace. Reported by Committee on Appropriations
MAJORITY recommendation: Do pass as amended.
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1. The legislature finds that there is a retirement savings access gap in Washington; that Americans reach the median salary four years later than they did in 1980 and therefore have four fewer years of savings opportunities; and that one in six Americans retire in poverty. Employees who are unable to effectively build their retirement savings risk living on low incomes in their elderly years and are more likely to become dependent on state services. Further, small businesses, which employ more than forty percent of private sector employees in Washington, often choose not to offer retirement plans to employees due to concerns about costs, administrative burdens, and potential liability that they believe such plans would place on their business. In response, the legislature recognizes the work of the federal government in addressing these issues by establishing the myRA program: A safe, affordable, and accessible retirement vehicle designed to remove barriers to retirement savings. In addition, the legislature recognizes that many private financial services firms in Washington currently offer high quality retirement options for small businesses and their employees.
The Washington small business retirement marketplace will remove barriers to entry into the retirement market for small businesses by educating small employers on plan availability and promoting, without mandated participation, qualified, low-cost, low-burden retirement savings vehicles and myRA. The marketplace furthers greater retirement plan access for the residents of Washington while ensuring that individuals participating in these retirement plans will have all the protections offered by the employee retirement income security act. Further, the Washington small business retirement marketplace will not pose any significant financial burden upon taxpayers. The Washington small business retirement marketplace will be the best way for Washington to close the retirement savings access gap, protect the fiscal stability of the state and its citizens well into the future, and further cement its place as a national leader in retirement and investor promotion and protection. The marketplace will educate and promote retirement saving among employees and in particular market to small employers with fifty or fewer employees.
NEW SECTION. Sec. 2. The definitions in this section apply throughout this subchapter unless the context clearly requires otherwise.
(1) "Approved plans" means retirement plans offered by private sector financial services firms that meet the requirements of this chapter to participate in the marketplace.
(2) "Balanced fund" means a mutual fund that has an investment mandate to balance its portfolio holdings. The fund generally includes a mix of stocks and bonds in varying proportions according to the fund's investment outlook.
(3) "Eligible employer" means a self-employed individual, sole proprietor, or an employer with fewer than one hundred qualified employees at the time of enrollment.
(4) "Enrollee" means any employee who is voluntarily enrolled in an approved plan offered by an eligible employer through the Washington small business retirement marketplace.
(5) "myRA" means the myRA retirement program administered by the United States department of the treasury that is available to all employers and employees with no fees or no minimum contribution requirements. A myRA is a Roth IRA option and investments in these accounts are backed by the United States department of the treasury.
(6) "Participating employer" means any eligible employer with employees enrolled in an approved plan offered through the Washington small business retirement marketplace who chooses to participate in the marketplace and offers approved plans to employees for voluntary enrollment.
(7) "Private sector financial services firms" or "financial services firms" mean persons or entities licensed and in good standing by either the department of financial institutions or the office of the insurance commissioner and meeting all federal laws and regulations to offer retirement plans.
(8) "Qualified employee" means those workers who are defined by the federal internal revenue service to be eligible to participate in a specific qualified plan.
(9) "Target date or other similar fund" means a hybrid mutual fund that automatically resets the asset mix of stocks, bonds, and cash equivalents in its portfolio according to a selected time frame that is appropriate for a particular investor. A target date is structured to address a projected retirement date.
(10) "Washington small business retirement marketplace" or "marketplace" means the retirement savings program created to connect eligible employers and their employees with approved plans to increase retirement savings.
NEW SECTION. Sec. 3. (1) The Washington small business retirement marketplace is created.
(2) Prior to connecting any eligible employer with an approved plan in the marketplace, the director shall design a plan for the operation of the marketplace.
(3) The director shall consult with the Washington state department of retirement systems, the Washington state investment board, and the department of financial institutions in designing and managing the marketplace.
(4) The director shall approve for participation in the marketplace all private sector financial services firms that meet the qualifications of this section and section 10 of this act. The director may remove approved plans that no longer meet the requirements of this chapter.
(5) A range of investment options must be provided to meet the needs of investors with various levels of risk tolerance and various ages. The director must approve a diverse array of private retirement plan options that are available to employers on a voluntary basis, including life insurance plans that are designed for retirement purposes, and at least two types of plans for eligible employer participation: (a) A SIMPLE IRA-type plan that provides for employer contributions to participating enrollee accounts; and (b) a payroll deduction individual retirement account type plan or workplace-based individual retirement accounts open to all workers in which the employer does not contribute to the employees' account.
(6) Prior to approving a plan to be offered on the marketplace, the department must receive verification from the department of financial institutions and the office of the insurance commissioner pursuant to section 2(7) of this act that each plan meets the requirements of this section.
(7) The financial services firms participating in the marketplace must offer a minimum of two product options: (a) A target date or other similar fund, with asset allocations and maturities designed to coincide with the expected date of retirement and (b) a balanced fund. The marketplace must offer myRA.
(8) In order for the marketplace to operate, there must be at least two financial services firms offering approved plans on the marketplace; however, nothing in this subsection shall be construed to limit the number of private sector financial services firms with approved plans from participating in the marketplace.
(9) Approved plans must meet federal law or regulation for internal revenue service approved retirement plans.
(10) The approved plans must include the option for enrollees to roll pretax contributions into a different individual retirement account or another eligible retirement plan after ceasing participation in a plan approved by the Washington small business retirement marketplace.
(11) Financial services firms selected by the department to offer approved plans on the marketplace may not charge enrollees more than one hundred basis points in total annual fees and must provide information about their product's historical investment performance.
(12) Participation in the Washington small business retirement marketplace is voluntary for both eligible employers and qualified employees.
(13) Enrollment in any approved plan offered in the marketplace is not an entitlement.
NEW SECTION. Sec. 4. (1) The director shall contract with a private sector entity to:
(a) Establish a protocol for reviewing and approving the qualifications of all private sector financial services firms that meet the qualifications to participate in the marketplace;
(b) Design and operate an internet web site that includes information about how eligible employers can voluntarily participate in the marketplace;
(c) Develop marketing materials about the marketplace that can be distributed electronically, posted on agency web sites that interact with eligible employers, or inserted into mail from the department of revenue, department of labor and industries, employment security department, the office of minority and women's business enterprises, department of licensing, and secretary of state's division of corporations;
(d) Identify and promote existing federal and state tax credits and benefits for employers and employees that are related to encouraging retirement savings or participating in retirement plans; and
(e) Promote the benefits of retirement savings and other information that promotes financial literacy.
(2) The director shall address how rollovers are handled for eligible Washington employers that have workers in other states, and whether out-of-state employees with existing IRA's can roll them into the plans offered through the Washington small business retirement marketplace.
(3) The director shall direct the entity retained pursuant to subsection (1) of this section to assure that licensed professionals who assist their eligible business clients or employees to enroll in a plan offered through the Washington small business retirement marketplace may receive routine, market-based commissions or other compensation for their services.
(4) The director shall ensure by rule that there is objective criteria in the protocol provided in subsection (1)(a) of this section and that the protocol does not provide unfair advantage to the private sector entity which establishes the protocol.
(5) The director shall encourage the participation of private sector financial services firms in the marketplace.
NEW SECTION. Sec. 5. In addition to any appropriated funds, the director may use private funding sources, including private foundation grants, to pay for marketplace expenses. On behalf of the marketplace, the department shall seek federal and private grants and is authorized to accept any funds awarded to the department for use in the marketplace.
NEW SECTION. Sec. 6. The department shall not expose the state of Washington as an employer or through administration of the marketplace to any potential liability under the federal employee retirement income act of 1974. As such, the department is specifically prohibited from offering and operating a state-based retirement plan for businesses or individuals who are not employed by the state of Washington.
NEW SECTION. Sec. 7. Using funds specifically appropriated for this purpose, and funds provided by private foundations or other private sector entities, the director may provide incentive payments to participating employers that enroll in the marketplace.
NEW SECTION. Sec. 8. The director shall report biennially to the legislature on the effectiveness and efficiency of the Washington small business retirement marketplace, including the levels of enrollment and the retirement savings levels of participating enrollees that are obtained in aggregate on a voluntary basis from private sector financial services firms that participate in the marketplace.
NEW SECTION. Sec. 9. The director shall adopt rules necessary to allow the marketplace to operate as authorized by this subchapter. As part of the rule development process, the director shall consult with organizations representing eligible employers, qualified employees, private and nonprofit sector retirement plan administrators and providers, organizations representing private sector financial services firms, and any other individuals or entities that the director determines relevant to the development of an effective and efficient method for operating the marketplace. The rules must be proposed by January 1st of the year of implementation and rules shall not be adopted until after the end of the regular legislative session of that year.
NEW SECTION. Sec. 10. A new section is added to chapter 43.320 RCW to read as follows:
The department of financial institutions, annually, or upon request of the department of commerce, must review individual retirement account products proposed for inclusion in the Washington small business retirement marketplace to confirm that the products comply with the requirements of section 3 of this act.
NEW SECTION. Sec. 11. If any part of this act is found to be in conflict with federal requirements that are a prescribed condition to the allocation of federal funds to the state, the conflicting part of this act is inoperative solely to the extent of the conflict and with respect to the agencies directly affected, and this finding does not affect the operation of the remainder of this act in its application to the agencies concerned. Rules adopted under this act must meet federal requirements that are a necessary condition to the receipt of federal funds by the state.
NEW SECTION. Sec. 12. Sections 1 through 9 of this act are each added to chapter 43.330 RCW and codified with the subchapter heading of "Washington small business retirement marketplace.""
Correct the title.
Signed by Representatives Hunter, Chair; Ormsby, Vice Chair; Wilcox, Assistant Ranking Minority Member; Cody; Dunshee; Hansen; Hudgins; Jinkins; Kagi; Lytton; Magendanz; Pettigrew; Sawyer; Senn; Springer; Stokesbary; Sullivan and Tharinger.
MINORITY recommendation: Do not pass. Signed by Representatives Chandler, Ranking Minority Member; Buys; Condotta; Fagan; Haler; Hunt, G.; MacEwen; Taylor and Van Werven.
MINORITY recommendation: Without recommendation. Signed by Representatives Parker, Assistant Ranking Minority Member; Dent and Schmick.
Passed to Committee on Rules for second reading.
March 31, 2015
ESB 5863 Prime Sponsor, Senator Jayapal: Concerning highway construction workforce development. Reported by Committee on Transportation
MAJORITY recommendation: Do pass as amended.
Strike everything after the enacting clause and insert the following:
"Sec. 1. RCW 47.01.435 and 2012 c 66 s 1 are each amended to read as follows:
(1) The department shall expend federal funds received by the department, and funds that may be available to the department, under 23 U.S.C. Sec. 140(b) to increase diversity in the highway construction workforce and prepare individuals interested in entering the highway construction workforce by conducting activities in subsections (4) and (5) of this section.
(2) The requirements contained in subsection (1) of this section do not apply to or reduce the federal funds that would be otherwise allocated to local government agencies.
(3) The department
shall, ((to the greatest extent practicable,)) in coordination with the
((apprenticeship and training council described in chapter 49.04 RCW)) department
of labor and industries, expend moneys for apprenticeship preparation
and support services, including providing grants to local Indian tribes,
churches, nonprofits, and other organizations. The department shall, to the
greatest extent practicable, expend moneys from ((other)) sources other
than those specified in subsection (1) of this section for the activities in this
subsection and subsections (4) and (5) of this section.
(4) The department
shall coordinate with the ((apprenticeship and training council)) department
of labor and industries to provide any portion of the following services:
(a) Preapprenticeship programs approved by the apprenticeship and training council;
(b) Preemployment counseling;
(c) Orientations on the highway construction industry, including outreach to women, minorities, and other disadvantaged individuals;
(d) Basic skills improvement classes;
(e) Career counseling;
(f) Remedial training;
(g) Entry requirements for training programs;
(h) Supportive services and assistance with transportation;
(i) Child care and special needs;
(j) Job site
mentoring and retention services; ((and))
(k) Assistance with tools, protective clothing, and other related support for employment costs; and
(l) The recruitment of women and persons of color to participate in the apprenticeship program at the department.
(5) The department must actively engage with communities with populations that are underrepresented in current transportation apprenticeship programs.
(6) The department, in
coordination with the ((apprenticeship and training council)) department
of labor and industries, shall submit a report to the transportation
committees of the legislature by December 1st of each year beginning in 2012.
The report must contain:
(a) An analysis of the results of the activities in subsections (4) and (5) of this section;
(b) The amount available to the department from federal funds for the activities in subsections (4) and (5) of this section and the amount expended for those activities; and
(c) The performance outcomes achieved from each activity, including the number of persons receiving services, training, and employment.
(7) By December 31, 2020, the department must report to the legislature on the results of how the department's efforts to actively engage with communities with populations that are underrepresented in current transportation apprenticeship programs have resulted in an increased participation of underrepresented groups in the department's apprenticeship program over a five-year period."
Correct the title.
Signed by Representatives Clibborn, Chair; Farrell, Vice Chair; Fey, Vice Chair; Moscoso, Vice Chair; Bergquist; Gregerson; Kochmar; McBride; Moeller; Morris; Ortiz-Self; Riccelli; Sells; Takko; Tarleton and Zeiger.
MINORITY recommendation: Do not pass. Signed by Representatives Orcutt, Ranking Minority Member; Hargrove, Assistant Ranking Minority Member; Harmsworth; Hayes; Pike; Shea; Wilson and Young.
Passed to Committee on Rules for second reading.
March 31, 2015
ESB 5935 Prime Sponsor, Senator Parlette: Concerning biological products. Reported by Committee on Health Care & Wellness
MAJORITY recommendation: Do pass. Signed by Representatives Cody, Chair; Riccelli, Vice Chair; Schmick, Ranking Minority Member; Harris, Assistant Ranking Minority Member; Caldier; Clibborn; DeBolt; Jinkins; Johnson; Moeller; Robinson; Short; Tharinger and Van De Wege.
Referred to Committee on Appropriations.
April 1, 2015
SSB 5965 Prime Sponsor, Committee on Agriculture, Water & Rural Economic Development: Evaluating mitigation options for impacts to base flows and minimum instream flows. Reported by Committee on Agriculture & Natural Resources
MAJORITY recommendation: Do pass as amended.
Beginning on page 1, line 17, strike all of section 2 and insert the following:
"NEW SECTION. Sec. 2. (1) The department of ecology must produce a report evaluating options for mitigating the effects of permit-exempt groundwater withdrawals on existing water rights, including base flows and minimum instream flows. For the purposes of the report required in this section, the mitigation techniques that the department of ecology must evaluate include, but are not limited to:
(a) Demand management strategies, such as household conservation and associated water use metering;
(b) Supply side strategies, such as use of rainwater collection, greywater, cisterns, bulk or hauled water, and the extension of water supply pipelines.
(2) When preparing the report required under this section, the department of ecology must:
(a) Consult with the office of the attorney general;
(b) Coordinate with the existing water resources advisory committee formed by the department of ecology to provide feedback on the development of the report and any final recommendations; and
(c) Make available a draft of the report on its web site for at least thirty days for public review prior to the completion of the report to allow sufficient opportunity to consider input that may be received.
(3) The report required in this section must include:
(a) An examination of scientific methods for establishing instream flows, including a discussion of methods regularly used by the department of ecology and the department of fish and wildlife for each element of the instream flows required to be protected under RCW 90.54.020(3);
(b)(i) An analysis of the impacts, including cumulative impacts, of permit-exempt groundwater withdrawals on instream flows in several representative basins, including the impacts from existing and future withdrawals based on full build out scenarios.
(ii) The analysis required under this subsection should include a specific focus on impacts to tributaries that serve as habitat for salmonid spawning and rearing and should include empirical data concerning household water use for each category of use identified in RCW 90.44.050;
(c) A description of mitigation techniques, including out-of-kind mitigation, the department of ecology has employed or approved pursuant to RCW 90.03.255 in the previous ten years, or which may be available, to address the impacts of permit-exempt groundwater withdrawals on instream flows, including the location, cost, and legal authority for each type of mitigation technique;
(d) A survey of in-kind streamflow enhancement strategies, other than regulation of permit-exempt groundwater withdrawals, that would improve streamflow levels in a cost-effective manner;
(e)(i) An assessment of the effectiveness of each type of mitigation technique identified in (c) of this subsection, that may be available to the department of ecology to mitigate the impacts of permit-exempt groundwater withdrawals on instream flows.
(ii) The analyses required under this section must include:
(A) A scientific analysis of how the technique fully mitigates for harm; and
(B) An evaluation of how the mitigation techniques are funded, monitored, enforced, evaluated to determine effectiveness, and modified if mitigation fails;
(f) An evaluation of all mitigation options that may be available for permit-exempt groundwater withdrawals in the areas covered under the instream resources protection program for the lower and upper Skagit river basin, water resource inventory areas 3 and 4, and a discussion of the advantages and disadvantages of employing each type of mitigation technique in those areas;
(g) An evaluation of how mitigation sequencing approaches may be utilized to encourage avoidance of impacts; and
(h) Any recommendations regarding mitigation options that will be available to landowners who are required to mitigate the impacts of permit-exempt groundwater withdrawals on instream flows.
(4) By December 1, 2015, the department of ecology must submit the final report to the legislature consistent with RCW 43.01.036.
NEW SECTION. Sec. 3. This act expires June 30, 2016."
Renumber the remaining section consecutively and correct the title.
On page 1, line 6, after "development" strike all material through "flows." on line 16 and insert "requires access to uninterruptible water supplies. However, water supplies are not unlimited due to senior water rights and regulations that establish base flows and minimum instream flows. When senior water rights and flow regulations limit additional out-of-stream uses, mitigation options may provide a viable option if they are readily available and well-understood. The legislature recognizes the importance of providing clarity regarding the range of available mitigation options to help provide economic opportunities in rural areas."
Signed by Representatives Blake, Chair; Lytton, Vice Chair; Buys, Ranking Minority Member; Dunshee; Hurst; Pettigrew; Stanford and Van De Wege.
MINORITY recommendation: Do not pass. Signed by Representatives Dent, Assistant Ranking Minority Member; Chandler; Orcutt and Schmick.
Referred to Committee on General Government & Information Technology.
April 1, 2015
SSB 5972 Prime Sponsor, Committee on Agriculture, Water & Rural Economic Development: Concerning the procurement of seeds by state agencies. Reported by Committee on Agriculture & Natural Resources
MAJORITY recommendation: Do pass as amended.
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1. A new section is added to chapter 39.26 RCW to read as follows:
(1) When purchasing seed in a lot or lots that exceed forty pounds, all agencies must require suppliers of seed to ensure the identity and purity of the seed through appropriate testing performed by the Washington state department of agriculture or by any other agency authorized under the laws of any state, territory, or possession that has standards and procedures approved by the United States secretary of agriculture to ensure the identity and purity of seed.
(2) All contracts for purchasing of seed by an agency must include the agency's expectations for the germination or viability of the seed as an essential element of the supplier's performance under the terms of the contract.
(3) For the purposes of this section, the following types of seed are excluded:
(a) Tree seed;
(b) Seed of woody species; and
(c) Seed of wildflowers that are native to Washington and that are harvested from naturally occurring stock.
(4) An agency may not structure what would naturally be one contract for the purchase of seed into multiple contracts for the purchase of seed for the purpose of avoiding the forty pound lot threshold in subsection (1) of this section."
Correct the title.
Signed by Representatives Blake, Chair; Lytton, Vice Chair; Buys, Ranking Minority Member; Dent, Assistant Ranking Minority Member; Chandler; Dunshee; Hurst; Orcutt; Pettigrew; Schmick; Stanford and Van De Wege.
Passed to Committee on Rules for second reading.
April 1, 2015
SSB 6019 Prime Sponsor, Committee on Law & Justice: Addressing adjudicative proceedings by state agencies. Reported by Committee on Judiciary
MAJORITY recommendation: Do pass as amended.
Strike everything after the enacting clause and insert the following:
"Sec. 1. RCW 34.05.455 and 1988 c 288 s 416 are each amended to read as follows:
(1) A presiding officer may not communicate, directly or indirectly, regarding any issue in the proceeding other than communications necessary to procedural aspects of maintaining an orderly process, with any person employed by the agency without notice and opportunity for all parties to participate, except as provided in this subsection:
(a) Where the ultimate legal authority of an agency is vested in a multimember body, and where that body presides at an adjudication, members of the body may communicate with one another regarding the proceeding;
(b) Any presiding officer may receive aid from legal counsel, or from staff assistants who are subject to the presiding officer's supervision; and
(c) Presiding officers may communicate with other employees or consultants of the agency who have not participated in the proceeding in any manner, and who are not engaged in any investigative or prosecutorial functions in the same or a factually related case; provided that no other employee or consultant of the agency may attempt to coerce or improperly influence the action of the presiding officer in reaching his or her decision in a proceeding. An agency head's expectation that a presiding officer will consider written agency policies during his or her decision making is not coercion or improper influence.
(d) This subsection does not apply to communications required for the disposition of ex parte matters specifically authorized by statute.
(2) Unless required for the disposition of ex parte matters specifically authorized by statute or unless necessary to procedural aspects of maintaining an orderly process, a presiding officer may not communicate, directly or indirectly, regarding any issue in the proceeding, with any person not employed by the agency who has a direct or indirect interest in the outcome of the proceeding, without notice and opportunity for all parties to participate.
(3) Unless necessary to procedural aspects of maintaining an orderly process, persons to whom a presiding officer may not communicate under subsections (1) and (2) of this section may not communicate with presiding officers without notice and opportunity for all parties to participate.
(4) If, before serving as presiding officer in an adjudicative proceeding, a person receives an ex parte communication of a type that could not properly be received while serving, the person, promptly after starting to serve, shall disclose the communication in the manner prescribed in subsection (5) of this section.
(5) A presiding officer who receives an ex parte communication in violation of this section shall place on the record of the pending matter all written communications received, all written responses to the communications, and a memorandum stating the substance of all oral communications received, all responses made, and the identity of each person from whom the presiding officer received an ex parte communication. The presiding officer shall advise all parties that these matters have been placed on the record. Upon request made within ten days after notice of the ex parte communication, any party desiring to rebut the communication shall be allowed to place a written rebuttal statement on the record. Portions of the record pertaining to ex parte communications or rebuttal statements do not constitute evidence of any fact at issue in the matter unless a party moves the admission of any portion of the record for purposes of establishing a fact at issue and that portion is admitted pursuant to RCW 34.05.452.
(6) If necessary to eliminate the effect of an ex parte communication received in violation of this section, a presiding officer who receives the communication may be disqualified, and the portions of the record pertaining to the communication may be sealed by protective order.
(7) The agency shall, and any party may, report any violation of this section to appropriate authorities for any disciplinary proceedings provided by law. In addition, each agency by rule may provide for appropriate sanctions, including default, for any violations of this section."
Correct the title.
Signed by Representatives Jinkins, Chair; Kilduff, Vice Chair; Rodne, Ranking Minority Member; Shea, Assistant Ranking Minority Member; Goodman; Haler; Hansen; Kirby; Klippert; Muri; Orwall; Stokesbary and Walkinshaw.
Passed to Committee on Rules for second reading.
March 31, 2015
ESB 6044 Prime Sponsor, Senator Ericksen: Requiring the consideration of public access when designing a transportation facility adjacent to or across a waterway. Reported by Committee on Transportation
MAJORITY recommendation: Do pass as amended.
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1. The legislature recognizes that the department of transportation considers public access, including recreational trails and paths, when planning and designing new highway facilities consistent with chapters 47.30 and 90.58 RCW and RCW 79A.35.120. The legislature directs the department of transportation to explore the feasibility of providing access for water-related recreation.
NEW SECTION. Sec. 2. A new section is added to chapter 47.01 RCW to read as follows:
(1) The department must report on the feasibility of providing means of public access to a navigable waterway for public recreational purposes when conducting an environmental review of a major improvement project. The report must document whether the proposed project is in an area identified by state or local plans to be a priority for recreational access to waterways. If the proposed project is in an area identified by state or local plans to be a priority for recreational access to waterways, the department must coordinate with other relevant state agencies or local agencies to ensure consistency with the identified recreational plan.
(2) Any additional cost to a state highway project, including a major improvement project, due to providing public access to a waterway, including maintenance costs and any costs for parking infrastructure, must be paid for using nontransportation funding. The department may seek grants from the Washington wildlife and recreation coalition or any other agencies or entities that could provide funding for public access to a waterway. For purposes of this section, "nontransportation funding" means funding that has not been collected by the state for a transportation purpose.
(3) To the greatest extent practicable, when constructing a state highway project, including a major improvement project, the department must not adversely impact preexisting public access to a waterway.
(4) For the purposes of this section, a major improvement project is a state highway improvement project that requires an environmental impact statement or environmental assessment under the national environmental policy act (42 U.S.C. Sec. 4321 et seq.), excluding improvements to state ferry terminals and fully controlled limited access highways.
(5) A consideration of feasibility must include a description of the suitability for public use and implications associated with potential access. A consideration of feasibility must not alter the purpose and need for the proposed transportation project or create any legal obligation to modify existing recreational access from state highway facilities. If public access to waterways is deemed feasible, any subsequent development must be conclusively deemed for recreational purposes notwithstanding such facilities' relationship to transportation facilities. Findings that improvements are not feasible do not require the alteration of any existing or historic access.
(6) This section must not be interpreted to: Delay decision making or approvals on proposed state transportation improvement projects, or limit the department's entitlement to recreational immunity consistent with chapter 4.24 RCW."
Correct the title.
Signed by Representatives Clibborn, Chair; Farrell, Vice Chair; Fey, Vice Chair; Moscoso, Vice Chair; Orcutt, Ranking Minority Member; Hargrove, Assistant Ranking Minority Member; Bergquist; Gregerson; Harmsworth; Hayes; Kochmar; McBride; Moeller; Morris; Ortiz-Self; Pike; Riccelli; Sells; Shea; Takko; Tarleton; Wilson; Young and Zeiger.
Passed to Committee on Rules for second reading.
There being no objection, the bills, memorials and resolutions listed on the day’s committee reports and supplemental committee reports, under the fifth order of business were referred to the committees so designated with the exception of HOUSE BILL NO. 1106, HOUSE BILL NO. 1115 and HOUSE BILL NO. 1166 which were placed on the second reading calendar.
There being no objection, the House advanced to the eighth order of business.
There being no objection, the Committee on Appropriations was relieved of SUBSTITUTE SENATE BILL NO. 5175, and the bill was referred to the Committee on Rules.
There being no objection, the House advanced to the eleventh order of business.
There being no objection, the House adjourned until 10:00 a.m., April 2, 2015, the 81st Day of the Regular Session.
FRANK CHOPP, Speaker
BARBARA BAKER, Chief Clerk
1106
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1115
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1166
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1645
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2136
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5014
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5024
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5057-S2
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5073-S
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5081-S
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5084-S
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5085
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5094
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5100
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5101
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5111
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5113-S
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5119
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5125
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5133-S
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5139
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5144
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5153
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5154-S
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5174
Committee Report................................................................................ 1
5175-S
Other Action......................................................................................... 1
5177-S2
Committee Report................................................................................ 1
5179-S2
Committee Report................................................................................ 1
5205
Committee Report................................................................................ 1
5210
Committee Report................................................................................ 1
5215-S2
Committee Report................................................................................ 1
5233
Committee Report................................................................................ 1
5251
Committee Report................................................................................ 1
5252-S2
Committee Report................................................................................ 1
5262
Committee Report................................................................................ 1
5267-S
Committee Report................................................................................ 1
5288
Committee Report................................................................................ 1
5298-S
Committee Report................................................................................ 1
5314
Committee Report................................................................................ 1
5328-S
Committee Report................................................................................ 1
5347-S
Committee Report................................................................................ 1
5355-S
Committee Report................................................................................ 1
5387
Committee Report................................................................................ 1
5395
Committee Report................................................................................ 1
5396
Committee Report................................................................................ 1
5397-S
Committee Report................................................................................ 1
5411-S
Committee Report................................................................................ 1
5418-S
Committee Report................................................................................ 1
5460-S
Committee Report................................................................................ 1
5466
Committee Report................................................................................ 1
5468
Committee Report................................................................................ 1
5482
Committee Report................................................................................ 1
5488-S
Committee Report................................................................................ 1
5491
Committee Report................................................................................ 1
5524
Committee Report................................................................................ 1
5534-S
Committee Report................................................................................ 1
5538-S
Committee Report................................................................................ 1
5550-S
Committee Report................................................................................ 1
5564-S2
Committee Report................................................................................ 1
5587
Committee Report................................................................................ 1
5607-S
Committee Report................................................................................ 1
5631-S
Committee Report................................................................................ 1
5640-S
Committee Report................................................................................ 1
5649-S2
Committee Report................................................................................ 1
5650
Committee Report................................................................................ 1
5679-S
Committee Report................................................................................ 1
5689
Committee Report................................................................................ 1
5693
Committee Report................................................................................ 1
5715-S
Committee Report................................................................................ 1
5719-S
Committee Report................................................................................ 1
5721-S
Committee Report................................................................................ 1
5746
Committee Report................................................................................ 1
5763-S
Committee Report................................................................................ 1
5777
Committee Report................................................................................ 1
5783
Committee Report................................................................................ 1
5785-S
Committee Report................................................................................ 1
5793
Committee Report................................................................................ 1
5803-S
Committee Report................................................................................ 1
5810-S
Committee Report................................................................................ 1
5820-S
Committee Report................................................................................ 1
5826-S
Committee Report................................................................................ 1
5843-S
Committee Report................................................................................ 1
5863
Committee Report................................................................................ 1
5893
Committee Report................................................................................ 1
5903
Committee Report................................................................................ 1
5935
Committee Report................................................................................ 1
5965-S
Committee Report................................................................................ 1
5972-S
Committee Report................................................................................ 1
5994-S
Committee Report................................................................................ 1
6019-S
Committee Report................................................................................ 1
6044
Committee Report................................................................................ 1
8012
Committee Report................................................................................ 1