RCW 39.102.110 — Washington Code / Title 39 / Chapter 102 / Section 110
RCW 39.102.110: Local excise tax allocation revenues.
Status: in_force

(1) A sponsoring local government or participating local government that has received approval by the board to use local infrastructure financing may use annually its local excise tax allocation revenues to finance public improvements in the revenue development area financed in whole or in part by local infrastructure financing. The use of local excise tax allocation revenues dedicated by participating local governments must cease on the date specified in the written agreement required in RCW 39.102.080 (1), or if no date is specified then the date when the local tax under RCW 82.14.475 expires. Any participating local government is authorized to dedicate local excise tax allocation revenues to the sponsoring local government as authorized in RCW 39.102.080 (1). (2) A sponsoring local government shall provide the board accurate information describing the geographical boundaries of the revenue development area at the time of application. The information shall be provided in an electronic format or manner as prescribed by the department. The sponsoring local government shall ensure that the boundary information provided to the board and department is kept current. (3) In the event a city annexes a county area located within a county-sponsored revenue development area, the city shall remit to the county the portion of the local excise tax allocation revenue that the county would have received had the area not been annexed to the city. The city shall remit such revenues until such time as the bonds issued under RCW 39.102.150 are retired.
RCW 39.76.011 — Washington Code / Title 39 / Chapter 76 / Section 011
RCW 39.76.011: Interest on unpaid public contracts—When payment is considered to be made.
Status: in_force

(1) Except as provided in RCW 39.76.020 , every state agency, county, city, town, school district, board, commission, or any other public body shall pay interest at a rate of one percent per month, but at least one dollar per month, on amounts due on written contracts for public works, personal services, goods and services, equipment, and travel, whenever the public body fails to make timely payment. (2) For purposes of this section, payment shall be timely if: (a) Except as provided otherwise in this subsection, a check or warrant is mailed or is available on the date specified for the amount specified in the applicable contract documents but not later than thirty days of receipt of a properly completed invoice or receipt of goods or services, whichever is later. If a contract is funded by grant or federal money, the public body shall pay the prime contractor for satisfactory performance within thirty calendar days of the date the public body receives a payment request that complies with the contract or within thirty calendar days of the date the public body actually receives the grant or federal money, whichever is later. (b) On written contracts for public works, when part or all of a payment is going to be withheld for unsatisfactory performance or if the payment request made does not comply with the requirements of the contract, the public body shall notify the prime contractor in writing within eight working days after receipt of the payment request stating specifically why part or all of the payment is being withheld and what remedial actions must be taken by the prime contractor to receive the withheld amount. (c) If the notification by the public body required by (b) of this subsection does not comply with the notice contents required under (b) of this subsection, the public body shall pay the interest under subsection (1) of this section from the ninth working day after receipt of the initial payment request until the contractor receives notice that does comply with the notice contents required under (b) of this subsection. (d) If part or all of a payment is withheld under (b) of this subsection, the public body shall pay the withheld amount within thirty calendar days after the prime contractor satisfactorily completes the remedial actions identified in the notice. If the withheld amount is not paid within the thirty calendar days, the public body shall pay interest under subsection (1) of this section from the thirty-first calendar day until the date paid. (e)(i) If the prime contractor on a public works contract, after making a request for payment to the public body but before paying a subcontractor for the subcontractor's performance covered by the payment request, discovers that part or all of the payment otherwise due to the subcontractor is subject to withholding from the subcontractor under the subcontract for unsatisfactory performance, the prime contractor may withhold the amount as allowed under the subcontract. If the prime contractor withholds an amount under this subsection, the prime contractor shall: (A) Give the subcontractor notice of the remedial actions that must be taken as soon as practicable after determining the cause for the withholding but before the due date for the subcontractor payment; (B) Give the contracting officer of the public body a copy of the notice furnished to the subcontractor under (e)(i)(A) of this subsection; and (C) Pay the subcontractor within eight working days after the subcontractor satisfactorily completes the remedial action identified in the notice. (ii) If the prime contractor does not comply with the notice and payment requirements of (e)(i) of this subsection, the contractor shall pay the subcontractor interest on the withheld amount from the eighth working day at an interest rate that is equal to the amount set forth in subsection (1) of this section. (3) For the purposes of this section: (a) A payment is considered to be made when mailed or personally delivered to the party being paid. (b) An invoice is considered to be received when it is date-stamped or otherwise marked as delivered. If the invoice is not date-stamped or otherwise marked as delivered, the date of the invoice is considered to be the date when the invoice is received.
RCW 39.35C.060 — Washington Code / Title 39 / Chapter 35C / Section 060
RCW 39.35C.060: Authority to finance conservation in state agencies, public school districts, public universities, and municipalities.
Status: in_force

State agencies, public school districts, public universities, and municipalities may use financing contracts under chapter 39.94 RCW, as well as performance-based contracts, to provide all or part of the funding for conservation projects. The department shall determine the eligibility of such projects for financing contracts. The repayments of the financing contracts or performance-based contracts shall be sufficient to pay, when due, the principal and interest on the contracts or the services payments over the agreed upon term. Performance-based contracts entered into by state agencies, public school districts, public universities, and municipalities under chapter 309, Laws of 2023 that include the purchase of real or personal property are subject to the requirements of chapter 39.94 RCW. Pursuant to chapter 39.94 RCW, no later than December 31, 2023, the department shall complete development of approved model contracts authorized by chapter 309, Laws of 2023.
RCW 39.34.130 — Washington Code / Title 39 / Chapter 34 / Section 130
RCW 39.34.130: Transactions between state agencies—Charging of costs—Regulation by director of financial management.
Status: in_force

Except as otherwise provided by law, the full costs of a state agency incurred in providing services or furnishing materials to or for another agency under chapter 39.34 RCW or any other statute shall be charged to the agency contracting for such services or materials and shall be repaid and credited to the fund or appropriation against which the expenditure originally was charged. Amounts representing a return of expenditures from an appropriation shall be considered as returned loans of services or of goods, supplies or other materials furnished, and may be expended as part of the original appropriation to which they belong without further or additional appropriation. Such interagency transactions shall be subject to regulation by the director of financial management, including but not limited to provisions for the determination of costs, prevention of interagency contract costs beyond those which are fully reimbursable, disclosure of reimbursements in the governor's budget and such other requirements and restrictions as will promote more economical and efficient operations of state agencies. Except as otherwise provided by law, this section shall not apply to the furnishing of materials or services by one agency to another when other funds have been provided specifically for that purpose pursuant to law.
RCW 39.102.080 — Washington Code / Title 39 / Chapter 102 / Section 080
RCW 39.102.080: Revenue development area adoption—Process.
Status: in_force

Before adopting an ordinance creating the revenue development area, a sponsoring local government must: (1) Obtain written agreement from any participating local government and participating taxing district to use dedicated amounts of local excise tax allocation revenues, local property tax allocation revenues, and other revenues from local public sources in whole or in part, for local infrastructure financing authorized under this chapter. The agreement to opt into the local infrastructure financing public improvement project must be authorized by the governing body of such participating local government and participating taxing district; (2) Estimate the impact of the revenue development area on small business and low-income housing and develop a mitigation plan for the impacted businesses and housing. In analyzing the impact of the revenue development area, the sponsoring local government must develop: (a) An inventory of existing low-income housing units, and businesses and retail activity within the revenue development area; (b) A reasonable estimate of the number of low-income housing units, small businesses, and other commercial activity that may be vulnerable to displacement within the revenue development area; (c) A reasonable estimate of projected net job growth and net housing growth caused by creation of the revenue development area when compared to the existing jobs or housing balance for the area; and (d) A reasonable estimate of the impact of net housing growth on the current housing price mix.
RCW 39.84.080 — Washington Code / Title 39 / Chapter 84 / Section 080
RCW 39.84.080: Public corporations—Powers.
Status: in_force

(1) A public corporation created under this chapter has the following powers with respect to industrial development facilities together with all powers incidental thereto or necessary for the performance thereof: (a) To construct and maintain one or more industrial development facilities; (b) To lease to a lessee all or any part of any industrial development facility for such rentals and upon such terms and conditions, including options to purchase, as its board of directors considers advisable and not in conflict with this chapter; (c) To sell by installment contract or otherwise and convey all or any part of any industrial development facility for such purchase price and upon such terms and conditions as its board of directors considers advisable which are not in conflict with this chapter; (d) To make secured loans for the purpose of providing temporary or permanent financing or refinancing of all or part of the project cost of any industrial development facility, including the refunding of any outstanding obligations, mortgages, or advances issued, made, or given by any person for the project costs; and to charge and collect interest on the loans for the loan payments upon such terms and conditions as its board of directors considers advisable which are not in conflict with this chapter; (e) To issue revenue bonds for the purpose of financing all or part of the project cost of any industrial development facility and to secure the payment of the revenue bonds as provided in this chapter; (f) As security for the payment of the principal of and interest on any revenue bonds issued and any agreements made in connection therewith, to mortgage, pledge, or otherwise encumber any or all of its industrial development facilities or any part or parts thereof, whether then owned or thereafter acquired, and to assign any mortgage and repledge any security conveyed to the public corporation, to secure any loan made by the public corporation and to pledge the revenues and receipts therefrom; (g) To sue and be sued, complain, and defend in its corporate name; (h) To make contracts and to execute all instruments necessary or convenient for the carrying out of its business; (i) To have a corporate seal and to use the same by causing it, or a facsimile thereof, to be impressed or affixed or in any other manner reproduced; (j) Subject to the limitations of RCW 39.84.060 , to borrow money, accept grants from, or contract with any local, state, or federal governmental agency or with any financial, public, or private corporation; (k) To make and alter bylaws not inconsistent with its charter for the administration and regulation of the affairs of the corporation; (l) To collect fees or charges from users or prospective users of industrial development facilities to recover actual or anticipated administrative costs; (m) To execute financing documents incidental to the powers enumerated in this subsection. (2) No public corporation created under this chapter may operate any industrial development facility as a business other than as lessor, seller, or lender. The purchase and holding of mortgages, deeds of trust, or other security interests and contracting for any servicing thereof is not considered the operation of an industrial development facility. (3) No public corporation may exercise any of the powers authorized in this section or issue any revenue bonds with respect to any industrial development facility unless the industrial development facility is located wholly within the boundaries of the municipality under whose auspices the public corporation is created or unless the industrial development facility comprises energy facilities or solid waste disposal facilities which provide energy for or dispose of solid waste from the municipality or the residents thereof.
RCW 39.34.180 — Washington Code / Title 39 / Chapter 34 / Section 180
RCW 39.34.180: Criminal justice responsibilities—Interlocal agreements—Termination.
Status: in_force

(1) Each county, city, and town is responsible for the prosecution, adjudication, sentencing, and incarceration of misdemeanor and gross misdemeanor offenses committed by adults in their respective jurisdictions, and referred from their respective law enforcement agencies, whether filed under state law or city ordinance, and must carry out these responsibilities through the use of their own courts, staff, and facilities, or by entering into contracts or interlocal agreements under this chapter to provide these services. Nothing in this section is intended to alter the statutory responsibilities of each county for the prosecution, adjudication, sentencing, and incarceration for not more than one year of felony offenders, nor shall this section apply to any offense initially filed by the prosecuting attorney as a felony offense or an attempt to commit a felony offense. The court of any county, city, or town that wishes to offer probation supervision services may enter into interlocal agreements under subsection (6) of this section to provide those services. (2) The following principles must be followed in negotiating interlocal agreements or contracts: Cities and counties must consider (a) anticipated costs of services; and (b) anticipated and potential revenues to fund the services, including fines and fees, criminal justice funding, and state-authorized sales tax funding levied for criminal justice purposes. (3) If an agreement as to the levels of compensation within an interlocal agreement or contract for gross misdemeanor and misdemeanor services cannot be reached between a city and county, then either party may invoke binding arbitration on the compensation issued by notice to the other party. In the case of establishing initial compensation, the notice shall request arbitration within thirty days. In the case of nonrenewal of an existing contract or interlocal agreement, the notice must be given one hundred twenty days prior to the expiration of the existing contract or agreement and the existing contract or agreement remains in effect until a new agreement is reached or until an arbitration award on the matter of fees is made. The city and county each select one arbitrator, and the initial two arbitrators pick a third arbitrator. This subsection does not apply to the extent that the interlocal agreement is for probation supervision services. (4) A city or county that wishes to terminate an agreement for the provision of court services must provide written notice of the intent to terminate the agreement in accordance with RCW 3.50.810 and 35.20.010 . This subsection does not apply to the extent that the interlocal agreement is for probation supervision services. The city or county shall provide a copy of the written notice to terminate an agreement for the provision of court services to the administrative office of the courts not less than one year prior to the expiration of the agreement. (5) For cities or towns that have not adopted, in whole or in part, criminal code or ordinance provisions related to misdemeanor and gross misdemeanor crimes as defined by state law, this section shall have no application until July 1, 1998. (6) Municipal courts or district courts may enter into interlocal agreements for pretrial and/or postjudgment probation supervision services pursuant to ARLJ 11. Such agreements shall not affect the jurisdiction of the court that imposes probation supervision, need not require the referral of all supervised cases by a jurisdiction, and may limit the referral for probation supervision services to a single case. An agreement for probation supervision services is not valid unless approved by the presiding judge of each participating court. The interlocal agreement may not require approval of the local executive and legislative bodies unless the interlocal agreement requires the expenditure of additional funds by the jurisdiction. If the jurisdiction providing probation supervision services is found liable for inadequate supervision, as provided in RCW 4.24.760 (1), or is impacted by increased costs pursuant to the interlocal agreement, the presiding judge of the jurisdiction imposing probation supervision shall consult with the executive authority of the jurisdiction imposing probation supervision and determine whether to terminate the interlocal agreement for probation supervision services. All proceedings to grant, modify, or revoke probation must be held in the court that imposes probation supervision. Jail costs and the cost of other sanctions remain with the jurisdiction that imposes probation supervision. The administrative office of the courts, in cooperation with the district and municipal court judges association and the Washington association of prosecuting attorneys, shall develop a model interlocal agreement.
RCW 39.112.050 — Washington Code / Title 39 / Chapter 112 / Section 050
RCW 39.112.050: Limitations on state land improvement financing areas.
Status: in_force

A state land improvement financing area is subject to the following limitations: (1) A state land improvement financing area is limited to contiguous tracts, lots, pieces, or parcels of land without the creation of islands of property not included in the state land improvement financing area. (2) The public improvements financed through bonds issued under RCW 39.112.070 and public improvements made on a pay-as-you-go basis must be located in the state land improvement financing area. (3) A state land improvement financing area cannot comprise an area containing more than twenty-five percent of the total assessed value of the taxable real property within the boundaries of the city at the time the state land improvement financing area is created. (4) The boundaries of the state land improvement financing area may not be changed for the time period that receipts from regular property taxes are used to pay bonds issued under RCW 39.112.070 and public improvement costs within the state land improvement financing area on a pay-as-you-go basis, as provided under this chapter.
RCW 39.86.130 — Washington Code / Title 39 / Chapter 86 / Section 130
RCW 39.86.130: Criteria.
Status: in_force

(1) In granting an allocation, reallocation, or carryforward of the state ceiling as provided in this chapter, the agency shall consider existing state priorities and other such criteria, including but not limited to, the following criteria: (a) Need of issuers to issue bonds within a bond use category subject to a state ceiling; (b) Amount of the state ceiling available; (c) Public benefit and purpose to be satisfied, including economic development, educational opportunity, and public health, safety, or welfare; (d) Cost or availability of alternative methods of financing for the project or program; and (e) Certainty of using the allocation which is being requested. (2) In determining whether to allocate an amount of the state ceiling to an issuer within any bond use category, the agency shall consider, but is not limited to, the following criteria for each of the bond use categories: (a) Housing: Criteria which comply with RCW 43.180.200 . (b) Student loans: Criteria which comply with the applicable provisions of Title 28B RCW and rules adopted by the office of student financial assistance or applicable state agency dealing with student financial aid. (c) Small issue: Factors which may include: (i) The number of employment opportunities the project is likely to create or retain in relation to the amount of the bond issuance; (ii) The level of unemployment existing in the geographic area likely to be affected by the project; (iii) A commitment to providing employment opportunities to low-income persons in cooperation with the employment security department; (iv) Geographic distribution of projects; (v) The number of persons who will benefit from the project; (vi) Consistency with criteria identified in subsection (1) of this section; and (vii) Order in which requests were received. (d) Exempt facility or redevelopment: Factors which may include: (i) State issuance needs; (ii) Consistency with criteria identified in subsection (1) of this section; (iii) Order in which requests were received; (iv) The proportionate number of persons in relationship to the size of the community who will benefit from the project; and (v) The unique timing and issuance needs of large scale projects that may require allocations in more than one year. (e) Public utility: Factors which may include: (i) Consistency with criteria identified in subsection (1) of this section; and (ii) Timing needs for issuance of bonds over a multi-year period.
RCW 39.34.050 — Washington Code / Title 39 / Chapter 34 / Section 050
RCW 39.34.050: Duty to submit agreement to jurisdictional state officer or agency.
Status: in_force

In the event that an agreement made pursuant to this chapter shall deal in whole or in part with the provision of services or facilities with regard to which an officer or agency of the state government has constitutional or statutory powers of control, the agreement shall, as a condition precedent to its entry into force, be submitted to the state officer or agency having such power of control. The agreement shall be approved or disapproved by the state officer or agency with regard to matters within his, her, or its jurisdiction within ninety days after receipt of the agreement. If a state officer or agency fails to act within the ninety-day time limit, the agreement shall be deemed approved by that state officer or agency.
RCW 39.102.170 — Washington Code / Title 39 / Chapter 102 / Section 170
RCW 39.102.170: Limitation on bonds issued.
Status: in_force

The bonds issued by a sponsoring local government under RCW 39.102.150 to finance public improvements shall not constitute an obligation of the state of Washington, either general or special.
RCW 39.34.190 — Washington Code / Title 39 / Chapter 34 / Section 190
RCW 39.34.190: Watershed management plan projects—Use of water-related revenues.
Status: in_force

(1) The legislative authority of a city or county and the governing body of any special purpose district enumerated in subsection (2) of this section may authorize up to ten percent of its water-related revenues to be expended in the implementation of watershed management plan projects or activities that are in addition to the county's, city's, or district's existing water-related services or activities. Such limitation on expenditures shall not apply to water-related revenues of a public utility district organized according to Title 54 RCW. Water-related revenues include rates, charges, and fees for the provision of services relating to water supply, treatment, distribution, and management generally, and those general revenues of the local government that are expended for water management purposes. A local government may not expend for this purpose any revenues that were authorized by voter approval for other specified purposes or that are specifically dedicated to the repayment of municipal bonds or other debt instruments. (2) The following special purpose districts may exercise the authority provided by this section: (a) Water districts, sewer districts, and water-sewer districts organized under Title 57 RCW; (b) Public utility districts organized under Title 54 RCW; (c) Irrigation, reclamation, conservation, and similar districts organized under Titles 87 and 89 RCW; (d) Port districts organized under Title 53 RCW; (e) Diking, drainage, and similar districts organized under Title 85 RCW; (f) Flood control and similar districts organized under Title 86 RCW; (g) Lake or beach management districts organized under chapter 36.61 RCW; (h) Aquifer protection areas organized under chapter 36.36 RCW; and (i) Shellfish protection districts organized under chapter 90.72 RCW. (3) The authority for expenditure of local government revenues provided by this section shall be applicable broadly to the implementation of watershed management plans addressing water supply, water transmission, water quality treatment or protection, or any other water-related purposes. Such plans include but are not limited to plans developed under the following authorities: (a) Watershed plans developed under chapter 90.82 RCW; (b) Salmon recovery plans developed under chapter 77.85 RCW; (c) Watershed management elements of comprehensive land use plans developed under the growth management act, chapter 36.70A RCW; (d) Watershed management elements of shoreline master programs developed under the shoreline management act, chapter 90.58 RCW; (e) Nonpoint pollution action plans developed under the Puget Sound water quality management planning authorities of chapter 90.71 RCW and *chapter 400-12 WAC; (f) Other comprehensive management plans addressing watershed health at a WRIA level or sub-WRIA basin drainage level; (g) Coordinated water system plans under chapter 70A.100 RCW and similar regional plans for water supply; and (h) Any combination of the foregoing plans in an integrated watershed management plan. (4) The authority provided by this section to expend revenues for watershed management plan implementation shall be construed broadly to include, but not be limited to: (a) The coordination and oversight of plan implementation, including funding a watershed management partnership for this purpose; (b) Technical support, monitoring, and data collection and analysis; (c) The design, development, construction, and operation of projects included in the plan; and (d) Conducting activities and programs included as elements in the plan.
RCW 39.102.140 — Washington Code / Title 39 / Chapter 102 / Section 140
RCW 39.102.140: Reporting requirements.
Status: in_force

(1) A sponsoring local government shall provide a report to the board and the department by March 1st of each year. The report shall contain the following information: (a) The amount of local excise tax allocation revenues, local property tax allocation revenues, other revenues from local public sources, and taxes under RCW 82.14.475 received by the sponsoring local government, cosponsoring local government, or any participating local government during the preceding calendar year that were dedicated to pay the public improvements financed in whole or in part with local infrastructure financing, and a summary of how these revenues were expended; (b) The names of any businesses locating within the revenue development area as a result of the public improvements undertaken by the sponsoring local government and financed in whole or in part with local infrastructure financing; (c) The total number of permanent jobs created in the revenue development area as a result of the public improvements undertaken by the sponsoring local government and financed in whole or in part with local infrastructure financing; (d) The average wages and benefits received by all employees of businesses locating within the revenue development area as a result of the public improvements undertaken by the sponsoring local government and financed in whole or in part with local infrastructure financing; (e) That the sponsoring local government is in compliance with RCW 39.102.070 ; and (f) Beginning with the reports due March 1, 2010, the following must also be included: (i) A list of public improvements financed on a pay-as-you-go basis in previous calendar years and by indebtedness issued under this chapter; (ii) The date when any indebtedness issued under this chapter is expected to be retired; (iii) At least once every three years, updated estimates of state excise tax allocation revenues, state property tax allocation revenues, and local excise tax increments, as determined by the sponsoring local government, that are estimated to have been received by the state, any participating local government, sponsoring local government, and cosponsoring local government, since the approval of the project award under RCW 39.102.040 by the board; and (iv) Any other information required by the department or the board to enable the department or the board to fulfill its duties under this chapter and RCW 82.14.475 . (2) The board shall make a report available to the public and the legislature by June 1st of each even-numbered year. The report shall include a list of public improvements undertaken by sponsoring local governments and financed in whole or in part with local infrastructure financing and it shall also include a summary of the information provided to the department by sponsoring local governments under subsection (1) of this section. (3) The department, upon request, must assist a sponsoring local government in estimating the amount of state excise tax allocation revenues and local excise tax increments required in subsection (1)(f)(iii) of this section.
RCW 39.84.120 — Washington Code / Title 39 / Chapter 84 / Section 120
RCW 39.84.120: Trust agreements.
Status: in_force

Any bonds issued under this chapter may be secured by a trust agreement between the public corporation and a corporate trustee, which may be any trust company or bank having the powers of a trust company within or without the state. The trust agreement may evidence a pledge or assignment of the financing documents and lease, sale, or loan revenues to be received from a lessee or purchaser of or borrower with respect to an industrial development facility for the payment of principal of and interest and any premium on the bonds as the same shall become due and payable and may provide for creation and maintenance of reserves for these purposes. A trust agreement or resolution providing for the issuance of the revenue bonds may contain such provisions for protecting and enforcing the rights and remedies of the bondholders as may be reasonable and proper and not in violation of law, including covenants setting forth the duties in relation to the acquisition of property and the construction, improvement, maintenance, use, repair, operation, and insurance of the industrial development facility for which the bonds are authorized, and the custody, safeguarding, and application of all money. Any bank or trust company incorporated under the laws of the state which may act as depository of the proceeds of revenue bonds or of revenues may furnish such indemnifying bonds or pledge such securities as may be required by the corporation. A trust agreement may set forth the rights and remedies of the bondholders and of the trustee and may restrict the individual right of action by bondholders as is customary in trust agreements or trust indentures securing bonds and debentures of private corporations. In addition, a trust agreement may contain such provisions as the public corporation considers reasonable and proper for the security of the bondholders which are not in conflict with this chapter.
RCW 39.26.320 — Washington Code / Title 39 / Chapter 26 / Section 320
RCW 39.26.320: Contracting for services—Employees in classified service—Procedures and criteria.
Status: in_force

An agency, department, or institution of higher education that intends to contract out, or does contract out, for services that, on or after July 1, 2005, have been customarily and historically performed by employees in the classified service defined in RCW 41.06.020 must follow procedures and meet criteria established under RCW 41.06.142 .
RCW 39.34.070 — Washington Code / Title 39 / Chapter 34 / Section 070
RCW 39.34.070: Authority of joint boards to receive loans or grants.
Status: in_force

Any joint board created pursuant to the provisions of this chapter is hereby authorized to accept loans or grants of federal, state or private funds in order to accomplish the purposes of this chapter provided each of the participating public agencies is authorized by law to receive such funds.
RCW 39.33.010 — Washington Code / Title 39 / Chapter 33 / Section 010
RCW 39.33.010: Sale, exchange, transfer, lease of public property authorized—Section deemed alternative.
Status: in_force

(1) The state or any municipality or any political subdivision thereof, may sell, transfer, exchange, lease or otherwise dispose of any property, real or personal, or property rights, including but not limited to the title to real property, to the state or any municipality or any political subdivision thereof, or the federal government, or a federally recognized Indian tribe, on such terms and conditions as may be mutually agreed upon by the proper authorities of the state and/or the subdivisions concerned. In addition, the state, or any municipality or any political subdivision thereof, may sell, transfer, exchange, lease, or otherwise dispose of personal property, except weapons, to a foreign entity. (2) This section shall be deemed to provide an alternative method for the doing of the things authorized herein, and shall not be construed as imposing any additional condition upon the exercise of any other powers vested in the state, municipalities or political subdivisions. (3) No intergovernmental transfer, lease, or other disposition of property made pursuant to any other provision of law prior to May 23, 1972, shall be construed to be invalid solely because the parties thereto did not comply with the procedures of this section.
RCW 39.89.030 — Washington Code / Title 39 / Chapter 89 / Section 030
RCW 39.89.030: Authority—Conditions.
Status: in_force

A local government may finance public improvements using community revitalization financing subject to the following conditions: (1) The local government adopts an ordinance designating an increment area within its boundaries and specifying the public improvements proposed to be financed in whole or in part with the use of community revitalization financing; (2) The public improvements proposed to be financed in whole or in part using community revitalization financing are expected to encourage private development within the increment area and to increase the fair market value of real property within the increment area; (3) Private development that is anticipated to occur within the increment area, as a result of the public improvements, will be consistent with the countywide planning policy adopted by the county under RCW 36.70A.210 and the local government's comprehensive plan and development regulations adopted under chapter 36.70A RCW; (4) Taxing districts, in the aggregate, that levy at least seventy-five percent of the regular property tax within which the increment area is located approves the community revitalization financing of the project under RCW 39.89.050 (1); and (5) In an increment area that includes any portion of a fire protection district as defined in Title 52 RCW, the fire protection district must agree to participate in the community revitalization financing of the project under chapter 212, Laws of 2001, for the project to proceed. Approval by the fire protection district shall be considered as part of the required participation by taxing districts under subsection (4) of this section.
RCW 39.24.060 — Washington Code / Title 39 / Chapter 24 / Section 060
RCW 39.24.060: Purchases from nonprofit agencies for the blind.
Status: in_force

(1) All purchases made by a public agency are subject to the requirements established under RCW 19.06.020 . (2) For the purposes of this section, "public agency" means those agencies subject to RCW 19.06.020 . (3) This section is not intended to create an entitlement to an individual or class of individuals.
RCW 39.35D.040 — Washington Code / Title 39 / Chapter 35D / Section 040
RCW 39.35D.040: Public school district major facility projects—Standards—Annual reports—Advisory committee.
Status: in_force

(1) All major facility projects of public school districts receiving any funding in a state capital budget must be designed and constructed to at least the LEED silver standard or the Washington sustainable school design protocol. To the extent appropriate LEED silver or Washington sustainable school design protocol standards exist for the type of building or facility, this subsection applies to major facility projects that have not received project approval from the superintendent of public instruction prior to: (a) July 1, 2006, for volunteering school districts; (b) July 1, 2007, for class one school districts; and (c) July 1, 2008, for class two school districts. (2) Public school districts under this section shall: (a) Monitor and document appropriate operating benefits and savings resulting from major facility projects designed and constructed as required under this section for a minimum of five years following local board acceptance of a project receiving state funding; and (b) report annually to the superintendent of public instruction. The form and content of each report must be mutually developed by the office of the superintendent of public instruction in consultation with school districts. (3) The superintendent of public instruction shall consolidate the reports required in subsection (2) of this section into one report and report to the governor and legislature by September 1st of each even-numbered year beginning in 2006 and ending in 2016. In its report, the superintendent of public instruction shall also report on the implementation of this chapter, including reasons why the LEED standard or Washington sustainable school design protocol was not used as required by RCW 39.35D.020 (5)(b). The superintendent of public instruction shall make recommendations regarding the ongoing implementation of this chapter, including a discussion of incentives and disincentives related to implementing this chapter. (4) The superintendent of public instruction shall develop and issue guidelines for administering this chapter for public school districts. The purpose of the guidelines is to define a procedure and method for employing and verifying compliance with the LEED silver standard or the Washington sustainable school design protocol. (5) The superintendent of public instruction shall utilize the school facilities advisory board as a high-performance buildings advisory committee comprised of affected public schools, the superintendent of public instruction, the department, and others at the superintendent of public instruction's discretion to provide advice on implementing this chapter. Among other duties, the advisory committee shall make recommendations regarding an education and training process and an ongoing evaluation or feedback process to help the superintendent of public instruction implement this chapter. (6) For projects that comply with this section by meeting the LEED silver standard, the superintendent of public instruction must credit one additional point for a project that uses wood products with a credible third-party sustainable forest certification or from forests regulated under chapter 76.09 RCW, the Washington forest practices act. For projects that qualify for this additional point, and for which an additional point would have resulted in formal certification under the LEED silver standard, the project must be deemed to meet the requirements of subsection (1) of this section.
RCW 39.33.020 — Washington Code / Title 39 / Chapter 33 / Section 020
RCW 39.33.020: Disposal of surplus property—Hearing—Notice.
Status: in_force

Before disposing of surplus property with an estimated value of more than fifty thousand dollars, the state or a political subdivision shall hold a public hearing in the county where the property or the greatest portion thereof is located. At least ten days but not more than twenty-five days prior to the hearing, there shall be published a public notice of reasonable size in display advertising form, setting forth the date, time, and place of the hearing at least once in a newspaper of general circulation in the area where the property is located. A news release pertaining to the hearing shall be disseminated among printed and electronic media in the area where the property is located. If real property is involved, the public notice and news release shall identify the property using a description which can easily be understood by the public. If the surplus is real property, the public notice and news release shall also describe the proposed use of the lands involved. If there is a failure to substantially comply with the procedures set forth in this section, then the sale, transfer, exchange, lease, or other disposal shall be subject to being declared invalid by a court. Any such suit must be brought within one year from the date of the disposal agreement.
RCW 39.35.050 — Washington Code / Title 39 / Chapter 35 / Section 050
RCW 39.35.050: Life-cycle cost analysis—Guidelines.
Status: in_force

The department, in consultation with affected public agencies, shall develop and issue guidelines for administering this chapter. The purpose of the guidelines is to define a procedure and method for performance of life-cycle cost analysis to promote the selection of low-life-cycle cost alternatives. At a minimum, the guidelines must contain provisions that: (1) Address energy considerations during the planning phase of the project; (2) Identify energy components and system alternatives including energy management systems, all-electric energy systems, renewable energy systems, and combined heat and power applications prior to commencing the energy consumption analysis; (3) Identify simplified methods to assure the lowest life-cycle cost alternatives for selected buildings with between twenty-five thousand and one hundred thousand square feet of usable floor area; (4) Establish times during the design process for preparation, review, and approval or disapproval of the life-cycle cost analysis; (5) Specify the assumptions to be used for escalation and inflation rates, equipment service lives, economic building lives, and maintenance costs; (6) Determine life-cycle cost analysis format and submittal requirements to meet the provisions of chapter 201, Laws of 1991; (7) Provide for review and approval of life-cycle cost analysis.
RCW 39.52.050 — Washington Code / Title 39 / Chapter 52 / Section 050
RCW 39.52.050: "Corporate authorities" defined.
Status: in_force

The words "corporate authorities", used in this chapter, shall be held to mean the county legislative authority, or the council or commission of the city or town.
RCW 39.04.380 — Washington Code / Title 39 / Chapter 04 / Section 380
RCW 39.04.380: Nonresident contractors.
Status: in_force

(1) 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. (2) 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. (3) 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. (4) This section does not apply to public works procured pursuant to RCW 39.04.280 , RCW 39.04.151 through 39.04.154 , or any other procurement exempt from competitive bidding.
RCW 39.33.090 — Washington Code / Title 39 / Chapter 33 / Section 090
RCW 39.33.090: Chapter not applicable to certain transfers of property.
Status: in_force

This chapter does not apply to transfers of property under *sections 1 and 2 of this act.
RCW 39.58.080 — Washington Code / Title 39 / Chapter 58 / Section 080
RCW 39.58.080: Deposit of public funds in public depositary required—Deposits in institutions located outside the state.
Status: in_force

(1) Except for funds deposited pursuant to a fiscal agency contract with the state fiscal agent or its correspondent bank, funds deposited pursuant to a custodial bank contract with the state's custodial bank, and funds deposited pursuant to a local government multistate joint self-insurance program as provided in RCW 48.62.081 , no public funds shall be deposited in demand or investment deposits except in a public depositary located in this state or as otherwise expressly permitted by statute: PROVIDED, That the commission, or the chair upon delegation by the commission, upon good cause shown, may authorize, for such time and upon such terms and conditions as the commission or chair deem appropriate, a treasurer to maintain a demand deposit account with a banking institution located outside the state of Washington solely for the purpose of transmitting money received to public depositaries in the state of Washington for deposit. (2) Notwithstanding subsection (1) of this section, the commission, or the chair upon delegation by the commission, upon good cause shown, may authorize, for that time and upon the terms and conditions as the commission or chair deems appropriate, a treasurer to maintain a demand deposit account with a banking institution located outside the state of Washington for deposit of certain higher education endowment funds, for a specified instructional program or research project being performed outside the state of Washington. (3) Notwithstanding subsection (1) of this section, public funds may be deposited in institutions located outside of Washington state if the following conditions are met: (a) The funds must initially be deposited in a public depositary selected by the state or local government that is located in the state of Washington; (b) The selected Washington state public depositary must arrange for the funds to be deposited in one or more federally insured banks or savings and loan associations, including out-of-state institutions, for the account of the state or local government; (c) The full amount of the principal and any accrued interest of each deposit of funds into a depositary pursuant to (b) of this subsection must be insured by an agency of the federal government; (d) The public depositary selected under (a) of this subsection must act as a custodian for the state or local government with respect to any deposits made pursuant to (b) of this subsection; and (e) On the same date that the state or local government funds are deposited, the selected public depositary must receive deposits from customers of other financial institutions, which may include out-of-state institutions, in an amount equal to or greater than the amount of the funds initially deposited by the state or local government.
RCW 39.12.042 — Washington Code / Title 39 / Chapter 12 / Section 042
RCW 39.12.042: Compliance with RCW 39.12.040—Liability of public agencies to workers, laborers, or mechanics.
Status: in_force

If any agency of the state, or any county, municipality, or political subdivision created by its laws shall knowingly fail to comply with the provisions of RCW 39.12.040 as now or hereafter amended, such agency of the state, or county, municipality, or political subdivision created by its laws, shall be liable to all workers, laborers, or mechanics to the full extent and for the full amount of wages due, pursuant to the prevailing wage requirements of RCW 39.12.020 .
RCW 39.19.090 — Washington Code / Title 39 / Chapter 19 / Section 090
RCW 39.19.090: Compliance with chapter or contract—Penalties—Audit and review unit established—Remedies.
Status: in_force

(1)(a) Except as provided in (b) of this subsection, if a person, firm, corporation, or business does not comply with any provision of this chapter or with a contract requirement established under this chapter, the state may impose one or more of the following penalties: Withholding payment, decertifying the contractor, debarring the contractor, suspending or terminating the contract, or subjecting the contractor to civil penalties of up to 10 percent of the amount of the contract or up to $5,000 for each violation. (b) If a person, firm, corporation, or business commits any of the activities prohibited in RCW 39.19.080 , the state must impose one or more of the following penalties: Withholding payment, decertifying the contractor, debarring the contractor for a period between one and three years, terminating the contract, or subjecting the contractor to civil penalties of between two and 10 percent of the amount of the contract or between $1 and $5,000 for each violation. (c) In addition to any other penalties imposed, willful repeated violations, exceeding a single violation, must disqualify the contractor from further participation in state contracts for a period of three years. A willful violation includes a conscious or deliberate false statement, misrepresentation, omission, or concealment of a material fact, with the specific intent of obtaining, continuing, or increasing benefits under this chapter. (2) An apparent low-bidder must be in compliance with the contract provisions required under this chapter as a condition precedent to the granting of a notice of award by any state agency or educational institution. (3) The office shall follow administrative procedures under chapter 34.05 RCW in determining a violation and imposing penalties under this chapter. The office shall adopt by rule criteria for the imposition of penalties under this section. The rule may incorporate the debarment process authorized for the department of enterprise services in RCW 39.26.200 . (4)(a) An audit and review unit is established within the office for the purpose of detecting and investigating fraud and violations of this chapter. The office must employ qualified personnel for the unit. (b) For the purpose of any investigation or proceeding under this chapter, the director or the director's designee may administer oaths and affirmations, subpoena witnesses, compel their attendance, take evidence, and require the production of any books, papers, correspondence, memoranda, agreements, or other documents or records that the director or the director's designee deems relevant or material to the inquiry. (c) Subpoenas issued under this section may be enforced under RCW 34.05.588 . (d) The audit and review unit must annually: (i) Conduct a site review of a minimum of three percent of persons, firms, corporations, or businesses awarded a contract under this chapter; (ii) Submit a response for all complaints for investigation made by an external agency to the agency submitting the complaint; (iii) Develop and implement a process for prioritizing and conducting thorough investigations of persons, firms, corporations, or businesses identified by an external complaint and determined to be the highest priority for the agency; and (iv) Develop and implement a process for prioritizing and conducting thorough investigations of persons, firms, corporations, or businesses internally identified and determined to be the highest priority for the agency. (5) The procedures and sanctions in this section are not exclusive; nothing in this section prevents the state agency or educational institution administering the contracts from pursuing such procedures or sanctions as are otherwise provided by statute, rule, or contract provision.
RCW 39.80.900 — Washington Code / Title 39 / Chapter 80 / Section 900
RCW 39.80.900: Savings.
Status: in_force

Nothing in this chapter shall affect the validity or effect of any contract in existence on January 1, 1982.
RCW 39.89.080 — Washington Code / Title 39 / Chapter 89 / Section 080
RCW 39.89.080: General indebtedness—Security.
Status: in_force

(1) A local government designating an increment area and authorizing the use of community revitalization financing may incur general indebtedness, and issue general obligation bonds, to finance the public improvements and retire the indebtedness in whole or in part from tax allocation revenues it receives, subject to the following requirements: (a) The ordinance adopted by the local government creating the increment area and authorizing the use of community revitalization financing indicates an intent to incur this indebtedness and the maximum amount of this indebtedness that is contemplated; and (b) The local government includes this statement of the intent in all notices required by RCW 39.89.050 . (2) The general indebtedness incurred under subsection (1) of this section may be payable from other tax revenues, the full faith and credit of the local government, and nontax income, revenues, fees, and rents from the public improvements, as well as contributions, grants, and nontax money available to the local government for payment of costs of the public improvements or associated debt service on the general indebtedness. (3) In addition to the requirements in subsection (1) of this section, a local government designating an increment area and authorizing the use of community revitalization financing may require the nonpublic participant to provide adequate security to protect the public investment in the public improvement within the increment area.
RCW 39.04.133 — Washington Code / Title 39 / Chapter 04 / Section 133
RCW 39.04.133: State capital improvement or construction projects—Product standards.
Status: in_force

(1) The state's preferences for the purchase and use of recycled content products shall be included as a factor in the design and development of state capital improvement projects. (2) If a construction project receives state public funding, the product standards, as provided in RCW 43.19A.020 , shall apply to the materials used in the project, whenever the administering agency and project owner determine that such products would be cost-effective and are readily available. (3) This section does not apply to contracts entered into by a municipality.
RCW 39.94.050 — Washington Code / Title 39 / Chapter 94 / Section 050
RCW 39.94.050: Financing program to be self-supporting—Payment of program expenses.
Status: in_force

(1) It is the intent of the legislature that the financing program authorized by this chapter be self-supporting. (2) The state treasurer is authorized to levy fees and apply specified investment earnings from time to time in amounts not to exceed sums sufficient to pay program expenses including, but not limited to, costs of issuance, and to create reserves to assure timely payment of financing contracts. The investment earnings available for this purpose represent the earnings on payments received from state and other agencies.
RCW 39.89.050 — Washington Code / Title 39 / Chapter 89 / Section 050
RCW 39.89.050: Procedure for creating increment area.
Status: in_force

Before adopting an ordinance creating the increment area, a local government must: (1) Obtain written agreement for the use of community revitalization financing to finance all or a portion of the costs of the designated public improvements from taxing districts that, in the aggregate, levy at least seventy-five percent of the regular property tax on property within the increment area. A signed, written agreement from taxing districts that in the aggregate levy at least seventy-five percent of the regular property tax within the increment area, constitutes concurrence by all taxing districts in the increment area in the public improvement and participation in the public improvement to the extent of providing limited funding under community revitalization financing authorized under this chapter. The agreement must be authorized by the governing body of taxing districts that in the aggregate levy at least seventy-five percent of the regular property tax on property within the increment area; (2) Hold a public hearing on the proposed financing of the public improvement in whole or in part with community revitalization financing. Notice of the public hearing must be published in a legal newspaper of general circulation within the proposed increment area at least ten days before the public hearing and posted in at least six conspicuous public places located in the proposed increment area. Notices must describe the contemplated public improvements, estimate the costs of the public improvements, describe the portion of the costs of the public improvements to be borne by community revitalization financing, describe any other sources of revenue to finance the public improvements, describe the boundaries of the proposed increment area, and estimate the period during which community revitalization financing is contemplated to be used. The public hearing may be held by either the governing body of the local government, or a committee of the governing body that includes at least a majority of the whole governing body; and (3) Adopt an ordinance establishing the increment area that describes the public improvements, describes the boundaries of the increment area, estimates the cost of the public improvements and the portion of these costs to be financed by community revitalization financing, estimates the time during which regular property taxes are to be apportioned, provides the date when the apportionment of the regular property taxes will commence, and finds that the conditions of RCW 39.89.030 are met.
RCW 39.04.040 — Washington Code / Title 39 / Chapter 04 / Section 040
RCW 39.04.040: Work to be executed according to plans—Supplemental plans.
Status: in_force

Whenever plans and specifications shall have been filed the work to be done shall be executed in accordance with such plans and specifications unless supplemental plans and specifications of the alterations to be made therein shall be made and filed in the office where the original plans and specifications are filed. In the event that the probable cost of executing such work in accordance with the supplemental plans and specifications shall be increased or decreased from the estimated cost as shown by the original estimate to an amount in excess of ten percent of such estimate, then a supplemental estimate shall be made of the increased or decreased cost of executing the work in accordance with the supplemental plans and specifications and filed in the office where the original estimate is filed.
RCW 39.10.470 — Washington Code / Title 39 / Chapter 10 / Section 470
RCW 39.10.470: Public inspection of certain records—Protection of trade secrets—Protection of documents submitted.
Status: in_force

(1) Except as provided in subsections (2) and (3) of this section, all proceedings, records, contracts, and other public records relating to alternative public works transactions under this chapter shall be open to the inspection of any interested person, firm, or corporation in accordance with chapter 42.56 RCW. (2) Trade secrets, as defined in RCW 19.108.010 , or other proprietary information submitted by a bidder, offeror, or contractor in connection with an alternative public works transaction under this chapter shall not be subject to chapter 42.56 RCW if the bidder, offeror, or contractor specifically states in writing the reasons why protection is necessary, and identifies the data or materials to be protected. (3) All documents related to a procurement under RCW 39.10.330 are exempt from disclosure until the notification of the highest scoring finalist is made in accordance with RCW 39.10.330 (6) or the selection process is terminated, except as expressly required under RCW 39.10.330 (3).
RCW 39.104.140 — Washington Code / Title 39 / Chapter 104 / Section 140
RCW 39.104.140: Construction—Port districts—Authority.
Status: in_force

Nothing in this act may be construed to give port districts the authority to impose a sales or use tax under chapter 82.14 RCW.
RCW 39.92.900 — Washington Code / Title 39 / Chapter 92 / Section 900
RCW 39.92.900: Severability—Prospective application—1988 c 179.
Status: in_force

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. This act is intended to be prospective, not retroactive, in its application.
RCW 39.34.080 — Washington Code / Title 39 / Chapter 34 / Section 080
RCW 39.34.080: Contracts to perform governmental activities which each contracting agency is authorized to perform.
Status: in_force

Any one or more public agencies may contract with any one or more other public agencies to perform any governmental service, activity, or undertaking which each public agency entering into the contract is authorized by law to perform: PROVIDED, That such contract shall be authorized by the governing body of each party to the contract. Such contract shall set forth fully the purposes, powers, rights, objectives, and responsibilities of the contracting parties.
RCW 39.33.070 — Washington Code / Title 39 / Chapter 33 / Section 070
RCW 39.33.070: School districts and libraries—Disposal of obsolete or surplus reading materials—Procedures.
Status: in_force

Any school district or educational service district, after complying with the requirements of RCW 28A.335.180 , and any library, as defined in RCW 27.12.010 , may dispose of surplus or obsolete books, periodicals, newspapers, and other reading materials as follows: (1) If the reading materials are estimated to have value as reading materials in excess of one thousand dollars, they shall be sold at public auction to the person submitting the highest reasonable bid following publication of notice of the auction in a newspaper with a general circulation in the library or school district. (2) If no reasonable bids are submitted under subsection (1) of this section or if the reading materials are estimated to have value as reading materials of one thousand dollars or less, the library or school district may directly negotiate the sale of the reading materials to a public or private entity. (3) If the reading materials are determined to have no value as reading materials or if no purchaser is found under subsection (2) of this section the reading materials may be recycled or destroyed. These methods for disposing of surplus or obsolete reading materials shall be in addition to any other method available to libraries and school districts for disposal of the property.
RCW 39.26.020 — Washington Code / Title 39 / Chapter 26 / Section 020
RCW 39.26.020: Ethics in public contracting.
Status: in_force

(1)(a) A state officer or employee of an agency who seeks to acquire goods or services or who participates in those contractual matters is subject to the requirements in RCW 42.52.150 . (b) A contractor who contracts with an agency to perform services related to the acquisition of goods and services for or on behalf of the state is subject to the requirements in RCW 42.52.150 . (2) No person or entity who seeks or may seek a contract with a state agency may give, loan, transfer, or deliver to any person something of economic value for which receipt of such item would cause a state officer or employee to be in a violation of RCW 42.52.040 , 42.52.110 , 42.52.120 , * 42.52.140 , or 42.52.150 .
RCW 39.64.040 — Washington Code / Title 39 / Chapter 64 / Section 040
RCW 39.64.040: Petition in bankruptcy.
Status: in_force

Subject to the requirement in RCW 28A.315.225 (2), any taxing district in the state of Washington is hereby authorized to file the petition mentioned in section 80 of chapter IX of the federal bankruptcy act.
RCW 39.72.020 — Washington Code / Title 39 / Chapter 72 / Section 020
RCW 39.72.020: Local government indebtedness—Records to be kept—Cancellation of originals.
Status: in_force

When a municipal corporation issues a duplicate instrument, as authorized in this chapter, the issuing officer of such municipal corporation shall keep a full and complete record of all warrants, bonds, or other instruments alleged to have been lost or destroyed, which were issued by such municipal corporation, and of the issue of any duplicate therefor; and upon the issuance of any duplicate such officer shall enter upon his or her books the cancellation of the original instrument and immediately notify the treasurer of the county, city or other municipal corporation, the state auditor, and all trustees and paying agencies authorized to redeem such instruments on behalf of the municipal corporation, of such cancellation. The treasurer shall keep a similar list of all warrants, bonds, or other instruments so canceled.
RCW 39.26.050 — Washington Code / Title 39 / Chapter 26 / Section 050
RCW 39.26.050: Provision of goods and services.
Status: in_force

(1) In addition to the powers and duties provided in chapter 43.19 RCW, the department shall make available goods and services to support state agencies, and may enter into agreements with any other local or federal governmental agency or entity or a public benefit nonprofit organization, in compliance with RCW 39.34.055 , and any tribes located in the state, to furnish such products and services as deemed appropriate by both parties. (2) The department shall ensure full cost recovery from state agencies, other local or federal governmental agency or entity, public benefit nonprofit organizations, or any tribes located in the state, for activities performed pursuant to subsection (1) of this section. Cost recovery must ensure that the department is reimbursed its full cost for providing the goods and services furnished as determined by the department. Cost recovery may be collected through the state agency, other governmental entity, nonprofit organization, or through the contractor. (3) All governmental entities of this state may enter into agreements under this section with the department, unless otherwise prohibited.
RCW 39.58.210 — Washington Code / Title 39 / Chapter 58 / Section 210
RCW 39.58.210: Failure to furnish information—Failure to comply with chapter—Revocation of authority—Costs for noncompliance.
Status: in_force

If a depositary neglects or refuses to promptly and accurately furnish, or to allow verification of, any required information requested by the commission or by the director of the department of financial institutions when acting on behalf of the commission pursuant to this chapter, or if a public depositary otherwise fails to comply with this chapter or any rules or policies of the commission, the commission may at its option deny or revoke the authority of such depositary to act as a public depositary pursuant to this chapter, or otherwise suspend such depositary from receiving or holding public deposits until such time as the depositary receives the information or complies with the commission's rules and policies. The commission shall have the authority to assess by rule costs for a depositary's noncompliance with this chapter and rules and resolutions adopted pursuant to this chapter.
RCW 39.94.040 — Washington Code / Title 39 / Chapter 94 / Section 040
RCW 39.94.040: State finance committee—Duties—Legislative approval required, when.
Status: in_force

(1) Except as provided in RCW 28B.10.022 , the state may not enter into any financing contract for itself if the aggregate principal amount payable thereunder is greater than an amount to be established from time to time by the state finance committee or participate in a program providing for the issuance of certificates of participation, including any contract for credit enhancement, without the prior approval of the state finance committee. Except as provided in RCW 28B.10.022 , the state finance committee shall approve the form of all financing contracts or a standard format for all financing contracts. The state finance committee also may: (a) Consolidate existing or potential financing contracts into master financing contracts with respect to property acquired by one or more agencies, departments, instrumentalities of the state, the state board for community and technical colleges, or a state institution of higher learning; or to be acquired by another agency; (b) Approve programs providing for the issuance of certificates of participation in master financing contracts for the state or for other agencies; (c) Enter into agreements with trustees relating to master financing contracts; and (d) Make appropriate rules for the performance of its duties under this chapter. (2) In the performance of its duties under this chapter, the state finance committee may consult with representatives from the department of general administration, the office of financial management, and Washington technology solutions. (3) With the approval of the state finance committee, the state also may enter into agreements with trustees relating to financing contracts and the issuance of certificates of participation. (4) Except for financing contracts for real property used for the purposes described under chapter 28B.140 RCW, the state may not enter into any financing contract for real property of the state without prior approval of the legislature. For the purposes of this requirement, a financing contract must be treated as used for real property if it is being entered into by the state for the acquisition of land; the acquisition of an existing building; the construction of a new building; or a major remodeling, renovation, rehabilitation, or rebuilding of an existing building. Prior approval of the legislature is not required under this chapter for a financing contract entered into by the state under this chapter for energy conservation improvements to existing buildings where such improvements include: (a) Fixtures and equipment that are not part of a major remodeling, renovation, rehabilitation, or rebuilding of the building, or (b) other improvements to the building that are being performed for the primary purpose of energy conservation. Such energy conservation improvements must be determined eligible for financing under this chapter by the office of financial management in accordance with financing guidelines established by the state treasurer, and are to be treated as personal property for the purposes of this chapter. (5) The state may not enter into any financing contract on behalf of another agency without the approval of such a financing contract by the governing body of the other agency.
RCW 39.10.290 — Washington Code / Title 39 / Chapter 10 / Section 290
RCW 39.10.290: Appeal process.
Status: in_force

Final determinations by the committee may be appealed to the board within seven days by the public body or by an interested party. A written notice of an appeal must be provided to the committee and, as applicable, to the public body. The board shall resolve an appeal within forty-five days of receipt of the appeal and shall send a written determination of its decision to the party making the appeal and to the appropriate public body, as applicable. The public body shall comply with the determination of the board.
RCW 39.04.210 — Washington Code / Title 39 / Chapter 04 / Section 210
RCW 39.04.210: Correctional facilities construction and repair—Findings.
Status: in_force

The legislature recognizes that fair and open competition is a basic tenet of public works procurement, that such competition reduces the appearance of and opportunity for favoritism and inspires public confidence that contracts are awarded equitably and economically, and that effective monitoring mechanisms are important means of curbing any improprieties and establishing public confidence in the process by which contractual services are procured. The legislature finds that there will continue to exist a need for additional correctional facilities due to the inadequate capacity of existing correctional facilities to accommodate the predicted growth of offender populations and that it is necessary to provide public works contract options for the effective construction and repair of additional department of corrections facilities.
RCW 39.34.060 — Washington Code / Title 39 / Chapter 34 / Section 060
RCW 39.34.060: Participating agencies may appropriate funds and provide personnel, property, and services.
Status: in_force

Any public agency entering into an agreement pursuant to this chapter may appropriate funds and may sell, lease, give, or otherwise supply property, personnel, and services to the administrative joint board or other legal or administrative entity created to operate the joint or cooperative undertaking.
RCW 39.42.120 — Washington Code / Title 39 / Chapter 42 / Section 120
RCW 39.42.120: Excess earnings account—Payments to United States treasury.
Status: in_force

The excess earnings account is created in the state treasury. From the revenue funds from which principal and interest payments on bonds are provided, the state treasurer shall periodically transfer to the excess earnings account such amounts as are owed to the federal government under section 148 of the federal internal revenue code. Pursuant to legislative appropriation from the excess earnings account, the state treasurer shall periodically remit to the United States treasury any amounts owed to the federal government under section 148 of the federal internal revenue code.
RCW 39.84.150 — Washington Code / Title 39 / Chapter 84 / Section 150
RCW 39.84.150: Determination of rent.
Status: in_force

Before entering into a lease, sale contract, or loan agreement with respect to any industrial development facility, the public corporation shall determine that there are sufficient revenues to pay (1) the principal of and the interest on the revenue bonds proposed to be issued to finance the industrial development facility; (2) the amount necessary to be paid each year into any reserve funds which the public corporation considers advisable to establish in connection with the retirement of the proposed bonds and the maintenance of the industrial development facility; and (3) unless the terms of the lease, sale contract, or loan agreement provide that the lessee or contracting party shall maintain the industrial development facility and carry all proper insurance with respect thereto, the estimated cost of maintaining the industrial development facility in good repair and keeping it properly insured.
RCW 39.04.020 — Washington Code / Title 39 / Chapter 04 / Section 020
RCW 39.04.020: Plans and specifications—Estimates—Publication—Emergencies.
Status: in_force

Whenever the state or any municipality shall determine that any public work is necessary to be done, it shall cause plans, specifications, or both thereof and an estimate of the cost of such work to be made and filed in the office of the director, supervisor, commissioner, trustee, board, or agency having by law the authority to require such work to be done. The plans, specifications, and estimates of cost shall be approved by the director, supervisor, commissioner, trustee, board, or agency and the original draft or a certified copy filed in such office before further action is taken. If the state or such municipality shall determine that it is necessary or advisable that such work shall be executed by any means or method other than by contract or by a small works roster process, and it shall appear by such estimate that the probable cost of executing such work will exceed the sum of twenty-five thousand dollars, then the state or such municipality shall at least fifteen days before beginning work cause such estimate, together with a description of the work, to be published at least once in a legal newspaper of general circulation published in or as near as possible to that part of the county in which such work is to be done. When any emergency shall require the immediate execution of such public work, upon a finding of the existence of such emergency by the authority having power to direct such public work to be done and duly entered of record, publication of description and estimate may be made within seven days after the commencement of the work.
RCW 39.19.010 — Washington Code / Title 39 / Chapter 19 / Section 010
RCW 39.19.010: Intent.
Status: in_force

The legislature finds that minority and women-owned businesses are significantly underrepresented and have been denied equitable competitive opportunities in contracting. It is the intent of this chapter to mitigate societal discrimination and other factors in participating in public works and in providing goods and services and to delineate a policy that an increased level of participation by minority and women-owned and controlled businesses is desirable at all levels of state government. The purpose and intent of this chapter are to provide the maximum practicable opportunity for increased participation by minority and women-owned and controlled businesses in participating in public works and the process by which goods and services are procured by state agencies and educational institutions from the private sector.
RCW 39.40.030 — Washington Code / Title 39 / Chapter 40 / Section 030
RCW 39.40.030: Certification of votes—Canvass.
Status: in_force

The election officials in each of the precincts included within any such district shall, as soon as possible and in no case later than five days after the closing of the polls of any election involving the issuance of bonds, certify to the county auditor of the county within which such district is located the total number of votes cast for and against each separate proposal and the vote shall be canvassed and certified by a canvassing board consisting of the chair of the board of county commissioners, the county auditor, and the prosecuting attorney who shall declare the result thereof.
RCW 39.34.020 — Washington Code / Title 39 / Chapter 34 / Section 020
RCW 39.34.020: Definitions.
Status: in_force

Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter. (1) "Public agency" means any agency, political subdivision, or unit of local government of this state including, but not limited to, municipal corporations, quasi municipal corporations, special purpose districts, and local service districts; any agency of the state government; any agency of the United States; any Indian tribe recognized as such by the federal government; and any political subdivision of another state. (2) "State" means a state of the United States. (3) "Watershed management partnership" means an interlocal cooperation agreement formed under the authority of RCW 39.34.200 . (4) "WRIA" has the definition in RCW 90.82.020 .
RCW 39.84.030 — Washington Code / Title 39 / Chapter 84 / Section 030
RCW 39.84.030: Public corporations—Creation, dissolution.
Status: in_force

(1) For the purpose of facilitating economic development and employment opportunities in the state of Washington through the financing of the project costs of industrial development facilities, a municipality may enact an ordinance creating a public corporation for the purposes authorized in this chapter. The ordinance creating the public corporation shall approve a charter for the public corporation containing such provisions as are authorized by and not in conflict with this chapter. Any charter issued under this chapter shall contain in substance the limitations set forth in RCW 39.84.060 . In any suit, action, or proceeding involving the validity or enforcement of or relating to any contract of the public corporation, the public corporation is conclusively presumed to be established and authorized to transact business and exercise its powers under this chapter upon proof of the adoption of the ordinance creating the public corporation by the governing body. A copy of the ordinance duly certified by the clerk of the governing body of the municipality shall be admissible in evidence in any suit, action, or proceeding. (2) A public corporation created by a municipality pursuant to this chapter may be dissolved by the municipality if the public corporation: (a) Has no property to administer, other than funds or property, if any, to be paid or transferred to the municipality by which it was established; and (b) all its outstanding obligations have been satisfied. Such a dissolution shall be accomplished by the governing body of the municipality adopting an ordinance providing for the dissolution. (3) The creating municipality may, at its discretion and at any time, alter or change the structure, organizational programs, or activities of a public corporation, including termination of the public corporation if contracts entered into by the public corporation are not impaired. Any net earnings of a public corporation, beyond those necessary for retirement of indebtedness incurred by it, shall not inure to the benefit of any person other than the creating municipality. Upon dissolution of a public corporation, title to all property owned by the public corporation shall vest in the municipality.
RCW 39.106.070 — Washington Code / Title 39 / Chapter 106 / Section 070
RCW 39.106.070: Tax exemptions and preferences.
Status: in_force

(1) As a municipal corporation, the property of an authority is exempt from taxation. (2) An authority is entitled to all of the exemptions from or preferences with respect to taxes that are available to any or all of its members, other than a tribal member, in connection with the provision or management of utility services.
RCW 39.92.901 — Washington Code / Title 39 / Chapter 92 / Section 901
RCW 39.92.901: Section captions—1988 c 179.
Status: in_force

Section captions used in this act do not constitute any part of the law.
RCW 39.35B.010 — Washington Code / Title 39 / Chapter 35B / Section 010
RCW 39.35B.010: Legislative findings.
Status: in_force

The legislature finds that: (1) Operating costs of a facility over its lifetime may greatly exceed the initial cost of the facility; (2) In the planning, design, and funding for new construction or major renovation of state-owned facilities it is desirable to consider not only the initial costs relating to design and construction or acquisition, but the anticipated operating costs relating to the building throughout its life; (3) The consideration of both initial and operating costs is known as life-cycle cost or life-cycle cost analysis; (4) Operating costs of a facility for purposes of this chapter include, but are not limited to, energy costs, maintenance and repair costs, and costs of the work or activity performed within the facility, including wages and salaries; (5) Current law, chapter 39.35 RCW, speaks to life-cycle cost analysis only in relation to energy conservation; and (6) Life-cycle cost may not be suitable or cost-effective for all capital projects or all components of a facility, and is not an exclusive criteria for decision-making, but is nonetheless a useful framework for evaluating design and capital investment alternatives.
RCW 39.110.900 — Washington Code / Title 39 / Chapter 110 / Section 900
RCW 39.110.900: Construction.
Status: in_force

Insofar as the provisions of this chapter are inconsistent with the provisions of any general or special law, or parts thereof, the provisions of this chapter are controlling.
RCW 39.100.900 — Washington Code / Title 39 / Chapter 100 / Section 900
RCW 39.100.900: Effective date—2006 c 111.
Status: in_force

This act takes effect July 1, 2006.
RCW 39.35A.060 — Washington Code / Title 39 / Chapter 35A / Section 060
RCW 39.35A.060: Conservation—Distributed energy resources.
Status: in_force

For purposes of this chapter: (1) Conservation may be achieved through the deployment of distributed energy resources; and (2) Distributed energy resources include, but are not limited to, energy efficiency projects that are not cogeneration projects, energy storage, demand response, electric vehicle charging infrastructure, and grid-interactive efficient buildings.
RCW 39.108.120 — Washington Code / Title 39 / Chapter 108 / Section 120
RCW 39.108.120: Creating a local infrastructure project area.
Status: in_force

(1) Before adopting an ordinance or resolution creating one or more local infrastructure project areas, a sponsoring city must: (a) Provide notice to the county assessor, county treasurer, and county within the proposed local infrastructure project area of the sponsoring city's intent to create one or more local infrastructure project areas. This notice must be provided at least one hundred eighty days in advance of the public hearing as required by (b) of this subsection; (b) Hold a public hearing on the proposed formation of the local infrastructure project area. (2) A sponsoring city may create one or more local infrastructure project areas by ordinance or resolution that: (a) Describes the proposed public improvements, identified in the plan under RCW 39.108.080 , to be financed in each local infrastructure project area; (b) Describes the boundaries of each local infrastructure project area, subject to the limitations in RCW 39.108.130 ; and (c) Provides the date when the use of local property tax allocation revenues will commence and a list of the participating taxing districts. (3) The sponsoring city must deliver a certified copy of the adopted ordinance or resolution to the county assessor, county treasurer, and each other participating taxing district within which the local infrastructure project area is located.
RCW 39.19.075 — Washington Code / Title 39 / Chapter 19 / Section 075
RCW 39.19.075: Compliance with goals—Valuation of goods or services.
Status: in_force

For purposes of measuring an agency's or educational institution's goal attainment, any regulations adopted under RCW 39.19.030 (7)(e) must provide that if a certified minority and women's business enterprise is a broker of goods or materials required under a contract, the contracting agency or educational institution may count only the dollar value of the fee or commission charged and not the value of goods or materials provided. The contracting agency or educational institution may, at its discretion, fix the dollar value of the fee or commission charged at either the actual dollar value of the fee or commission charged or at a standard percentage of the total value of the brokered goods, which percentage must reflect the fees or commissions generally paid to brokers for providing such services.
RCW 39.42.010 — Washington Code / Title 39 / Chapter 42 / Section 010
RCW 39.42.010: Scope of application.
Status: in_force

This chapter shall apply to all bonds, notes and other evidences of indebtedness of the state authorized by the legislature after *the effective date of this chapter, unless otherwise provided in the authorizing acts.
RCW 39.34.160 — Washington Code / Title 39 / Chapter 34 / Section 160
RCW 39.34.160: Transactions between state agencies—Time limitation for expenditure of advance—Unexpended balance.
Status: in_force

An advance made under RCW 39.34.130 through 39.34.150 from appropriated funds shall be available for expenditure for no longer than the period of the appropriation from which it was made. When the actual costs of materials and services have been finally determined, and in no event later than the lapsing of the appropriation, any unexpended balance of the advance shall be returned to the agency for credit to the fund or account from which it was made.