RCW 43.330.005
Findings.
The legislature finds that the long-term economic health of the state and its citizens depends upon the strength and vitality of its communities and businesses. It is the intent of this chapter to create a department of commerce that fosters new partnerships for strong and sustainable communities. The mission of the department is to grow and improve jobs in Washington and facilitate innovation. To carry out its mission, the department will bring together focused efforts to: Streamline access to business assistance and economic development services by providing them through sector-based, cluster-based, and regional partners; provide focused and flexible responses to changing economic conditions; generate greater local capacity to respond to both economic growth and environmental challenges; increase accountability to the public, the executive branch, and the legislature; manage growth and achieve sustainable development; diversify the state's economy and export goods and services; provide greater access to economic opportunity; stimulate private sector investment and entrepreneurship; provide stable family-wage jobs and meet the diverse needs of families; provide affordable housing and housing services; and construct public infrastructure.
The legislature further finds that as a result of the rapid pace of global social and economic change, the state and local communities will require coordinated and creative responses by every segment of the community. The state can play a role in assisting such local efforts by reorganizing state assistance efforts to promote such partnerships. The department has a primary responsibility to provide financial and technical assistance to the communities of the state, to assist in improving the delivery of federal, state, and local programs, and to provide communities with opportunities for productive and coordinated development beneficial to the well-being of communities and their residents. It is the intent of the legislature in creating the department to maximize the use of local expertise and resources in the delivery of community and economic development services.
[
2010 c 271 s 2
;
1993 c 280 s 1
.]
NOTES:
Purpose
—
2010 c 271:
"In 2009, the legislature changed the name of the department of community, trade, and economic development to the department of commerce and directed the agency to, among other things, develop a report with recommendations on statutory changes to ensure that the department's efforts: Are organized around a concise core mission and aligned with the state's comprehensive plan for economic development; generate greater local capacity; maximize results through partnerships and the use of intermediaries; and provide transparency and increased accountability. Recommendations for creating or consolidating programs deemed important to meeting the department's core mission and recommendations for terminating or transferring specific programs if they are not consistent with the department's core mission were to be included in the report.
In accordance with that legislation, chapter 565, Laws of 2009, in November 2009 the department of commerce submitted a plan that establishes a mission of growing and improving jobs in the state and recognizes the need for an innovation-driven economy. The plan also outlines agency priorities, efficiencies, and program transfers that will help to advance the new mission.
The primary purpose of this act is to implement portions of the department of commerce plan by transferring certain programs from the department of commerce to other state agencies whose missions are more closely aligned with the core functions of those programs. This act also directs additional efficiencies in state government and directs development of a statewide clean energy strategy, which will better enable the department of commerce to focus on its new mission." [
2010 c 271 s 1
.]
Effective date
—
2010 c 271:
"This act takes effect July 1, 2010." [
2010 c 271 s 803
.]
RCW 43.330.007
Management responsibility.
(1) The purpose of this chapter is to establish the broad outline of the structure of the department of commerce, leaving specific details of its internal organization and management to those charged with its administration. This chapter identifies the broad functions and responsibilities of the department and is intended to provide flexibility to the director to reorganize these functions to more closely reflect its customers, its mission, and its priorities, and to make recommendations for changes.
(2) In order to generate greater local capacity, maximize results through partnerships and the use of intermediaries, and leverage the use of state resources, the department shall, in carrying out its business assistance and economic development functions, provide business and economic development services primarily through sector-based, cluster-based, and regionally based organizations rather than providing assistance directly to individual firms.
[
2010 c 271 s 3
;
2009 c 565 s 1
;
1993 c 280 s 2
.]
NOTES:
Purpose
—
Effective date
—
2010 c 271:
See notes following RCW 43.330.005
.
Implementation plan
—
1994 c 5; 1993 c 280:
"(1) The director of the department of trade and economic development and the director of the department of community development shall, by November 15, 1993, jointly submit a plan to the governor for the consolidation and smooth transition of the department of trade and economic development and the department of community development into the *department of community, trade, and economic development so that the department will operate as a single entity on March 1, 1994.
(2) The plan shall include, but is not limited to, the following elements:
(a) Strategies for combining the existing functions and responsibilities of both agencies into a coordinated and unified department including a strategic plan for each major program area that includes implementation steps, evaluation measures, and methods for collaboration among programs;
(b) Recommendations for any changes in existing programs and functions of both agencies, including new initiatives and possible transfer of programs and functions to and from other departments;
(c) Implementation steps necessary to bring about operation of the combined department as a single entity;
(d) Benchmarks by which to measure progress and to evaluate the performance and effectiveness of the department's efforts; and
(e) Strategies for coordinating and maximizing federal, state, local, international, and private sector support for community and economic development efforts within the state.
(3) In developing this plan, the directors shall establish an advisory committee of representatives of groups using services and programs of both departments. The advisory committee shall include representatives of cities, counties, port districts, small and large businesses, labor unions, associate development organizations, low-income housing interests, housing industry, Indian tribes, community action programs, public safety groups, nonprofit community and development organizations, international trade organizations, minority and women business organizations, and any other organizations the directors determine should have input to the plan." [
1994 c 5 s 1
;
1993 c 280 s 8
.]
*Reviser's note:
The "department of community, trade, and economic development" was renamed the "department of commerce" by 2009 c 565.
RCW 43.330.010
Definitions.
Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.
(1) "Associate development organization" means a local economic development nonprofit corporation that is broadly representative of community interests.
(2) "Department" means the department of commerce.
(3) "Director" means the director of the department of commerce.
(4) "Family resource center" means a unified single point of entry where families, individuals, children, and youth in communities can obtain information, an assessment of needs, referral to, or direct delivery of family services in a manner that is welcoming and strength-based.
(a) A family resource center is designed to meet the needs, cultures, and interests of the communities that the family resource center serves.
(b) Family services may be delivered directly to a family at the family resource center by family resource center staff or by providers who contract with or have provider agreements with the family resource center. Any family resource center that provides family services shall comply with applicable state and federal laws and regulations regarding the delivery of such family services, unless required waivers or exemptions have been granted by the appropriate governing body.
(c) Each family resource center shall have one or more family advocates who screen and assess a family's needs and strengths. If requested by the family, the family advocate shall assist the family with setting its own goals and, together with the family, develop a written plan to pursue the family's goals in working towards a greater level of self-reliance or in attaining self-sufficiency.
(5) "Financial institution" means a bank, trust company, mutual savings bank, savings and loan association, or credit union authorized to do business in this state under state or federal law.
(6) "Frontier county" means a county with a population density of fewer than 50 persons per square mile as determined by the office of financial management and published each year by the department. A county with a population density of 21 or fewer persons per square mile is a "frontier one" county. A county with a population density of more than 21 but fewer than 50 persons per square mile is a "frontier two" county. Every frontier county is also a rural county under this chapter and eligible for all benefits, services, and programs of a rural county unless a frontier county is specifically excluded in the authorizing statute.
(7) "Small business" has the same meaning as provided in RCW 39.26.010
.
[
2024 c 47 s 2
;
2021 c 39 s 3
;
2014 c 112 s 401
;
2011 c 286 s 4
;
2009 c 565 s 2
;
2007 c 322 s 2
;
1993 c 280 s 3
.]
NOTES:
Intent
—
Findings
—
2021 c 39:
See note following RCW 74.14C.010
.
Findings
—
Purpose
—
Intent
—
2007 c 322:
"(1) The legislature finds that:
(a) Microenterprises are an important portion of Washington's economy, providing approximately twenty percent of the employment in Washington and playing a vital role in job creation.
(b) While community-based microenterprise development organizations have expanded their assistance to their microentrepreneur customers in recent years, there remains a lack of access to capital, training, and technical assistance for low-income microentrepreneurs.
(c) Support for microenterprise development offers a means to expand business and job creation in low-income communities in both rural and urban areas of the state.
(d) Local and state charitable foundation support, federal program funding, and private sector support can be leveraged by a statewide program for development of microenterprises.
(2) It is the purpose of this act to assist microenterprises in job creation by increasing the training, technical assistance, and financial resources available to microenterprises. It is the intention of the legislature to carry out this purpose by enabling the *department of community, trade, and economic development to contract with a statewide microenterprise association with the potential to provide organizational support and administer grants to local microenterprise development organizations, subject to the requirements of this act, and to leverage additional funds from sources other than moneys appropriated from the general fund." [
2007 c 322 s 1
.]
*Reviser's note:
The "department of community, trade, and economic development" was renamed the "department of commerce" by 2009 c 565.
RCW 43.330.020
Department created.
A department of commerce is created. The department shall be vested with all powers and duties established or transferred to it under this chapter and such other powers and duties as may be authorized by law. Unless otherwise specifically provided, the existing responsibilities and functions of the agency programs will continue to be administered in accordance with their implementing legislation.
[
2009 c 565 s 3
;
1993 c 280 s 4
.]
RCW 43.330.030
Director
—
Appointment
—
Salary.
The executive head of the department shall be the director. The director shall be appointed by the governor with the consent of the senate, and shall serve at the pleasure of the governor. The director shall be paid a salary to be fixed by the governor in accordance with RCW 43.03.040
.
[
1993 c 280 s 5
.]
RCW 43.330.040
Director powers and duties.
(1) The director shall supervise and administer the activities of the department and shall advise the governor and the legislature with respect to community and economic development matters affecting the state.
(2) In addition to other powers and duties granted to the director, the director shall have the following powers and duties:
(a) Enter into contracts on behalf of the state to carry out the purposes of this chapter;
(b) Act for the state in the initiation of or participation in any multigovernmental program relative to the purpose of this chapter;
(c) Accept and expend gifts and grants, whether such grants be of federal or other funds;
(d) Appoint such deputy directors, assistant directors, and up to seven special assistants as may be needed to administer the department. These employees are exempt from the provisions of chapter
41.06
RCW;
(e) Prepare and submit budgets for the department for executive and legislative action;
(f) Submit recommendations for legislative actions as are deemed necessary to further the purposes of this chapter;
(g) Adopt rules in accordance with chapter
34.05
RCW and perform all other functions necessary and proper to carry out the purposes of this chapter;
(h) Delegate powers, duties, and functions as the director deems necessary for efficient administration, but the director shall be responsible for the official acts of the officers and employees of the department; and
(i) Perform other duties as are necessary and consistent with law.
(3) When federal or other funds are received by the department, they shall be promptly transferred to the state treasurer and thereafter expended only upon the approval of the director. The department must track the amount of federal economic development funding received and disbursed along with any required state, local, or other matching requirements and annually provide the information to the economic development committees of the house of representatives and the senate.
(4) The director may request information and assistance from all other agencies, departments, and officials of the state, and may reimburse such agencies, departments, or officials if such a request imposes any additional expenses upon any such agency, department, or official.
(5) The director shall, in carrying out the responsibilities of office, consult with governmental officials, private groups, and individuals and with officials of other states. All state agencies and their officials and the officials of any political subdivision of the state shall cooperate with and give such assistance to the department, including the submission of requested information, to allow the department to carry out its purposes under this chapter.
(6) The director may establish additional advisory or coordinating groups with the legislature, within state government, with state and other governmental units, with the private sector and nonprofit entities or in specialized subject areas as may be necessary to carry out the purposes of this chapter.
(7) The internal affairs of the department shall be 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 shall have complete charge and supervisory powers over the department. The director may create such administrative structures as the director deems appropriate, except as otherwise specified by law, and the director may employ such personnel as may be necessary in accordance with chapter
41.06
RCW, except as otherwise provided by law.
[
2016 sp.s. c 12 s 1
;
1993 c 280 s 6
.]
RCW 43.330.050
Community and economic development responsibilities.
The department shall be responsible for promoting community and economic development within the state by assisting the state's communities to increase the quality of life of their citizens and their economic vitality, and by assisting the state's businesses to maintain and increase their economic competitiveness, while maintaining a healthy environment. Community and economic development efforts shall include: Efforts to increase economic opportunity; local planning to manage growth; the promotion and provision of affordable housing and housing-related services; providing public infrastructure; business and trade development; assisting firms and industrial sectors to increase their competitiveness; fostering the development of minority and women-owned businesses; facilitating technology development, transfer, and diffusion; community services and advocacy for low-income persons; and public safety efforts. The department shall have the following general functions and responsibilities:
(1) Provide advisory assistance to the governor, other state agencies, and the legislature on community and economic development matters and issues;
(2) Assist the governor in coordinating the activities of state agencies that have an impact on local government and communities;
(3) Cooperate with the legislature and the governor in the development and implementation of strategic plans for the state's community and economic development efforts;
(4) Solicit private and federal grants for economic and community development programs and administer such programs in conjunction with other programs assigned to the department by the governor or the legislature. To maximize the impact of federal funding for economic development, the department must coordinate with federal and state public research facilities to leverage other federal funding coming to the state for research, development, innovation of new technologies, and transfer of technology to the private sector to promote business development and jobs in Washington;
(5) Cooperate with and provide technical and financial assistance to local governments, businesses, and community-based organizations serving the communities of the state for the purpose of aiding and encouraging orderly, productive, and coordinated development of the state, and, unless stipulated otherwise, give additional consideration to local communities and individuals with the greatest relative need and the fewest resources;
(6) Participate with other states or subdivisions thereof in interstate programs and assist cities, counties, municipal corporations, governmental conferences or councils, and regional planning commissions to participate with other states and provinces or their subdivisions;
(7) Hold public hearings and meetings to carry out the purposes of this chapter;
(8) Conduct research and analysis in furtherance of the state's economic and community development efforts including maintenance of current information on market, demographic, and economic trends as they affect different industrial sectors, geographic regions, and communities with special economic and social problems in the state; and
(9) Develop a schedule of fees for services where appropriate.
[
2016 sp.s. c 12 s 2
;
2014 c 112 s 110
;
2005 c 136 s 12
;
1993 c 280 s 7
.]
NOTES:
Savings
—
Effective date
—
2005 c 136:
See notes following RCW 43.168.020
.
RCW 43.330.060
Trade and business responsibilities.
(1) The department shall (a) assist in expanding the state's role as an international center of trade, culture, and finance; (b) promote and market the state's products and services both nationally and internationally; (c) work in close cooperation with other private and public international trade efforts; (d) act as a centralized location for the assimilation and distribution of trade information; and (e) establish and operate foreign offices promoting overseas trade and commerce.
(2) The department shall identify and work with Washington businesses that can use local, state, and federal assistance to increase domestic and foreign exports of goods and services.
(3) The department shall work generally with small businesses and other employers to facilitate resolution of siting, regulatory, expansion, and retention problems. This assistance shall include but not be limited to assisting in workforce training and infrastructure needs, identifying and locating suitable business sites, and resolving problems with government licensing and regulatory requirements. The department shall identify gaps in needed services and develop steps to address them including private sector support and purchase of these services.
(4) The department shall work to increase the availability of capital to small businesses by developing new and flexible investment tools; by assisting in targeting and improving the efficiency of existing investment mechanisms; and by assisting in the procurement of managerial and technical assistance necessary to attract potential investors.
(5) The department shall assist women and minority-owned businesses in overcoming barriers to entrepreneurial success. The department shall contract with public and private agencies, institutions, and organizations to conduct entrepreneurial training courses for minority and women-owned businesses. The instruction shall be intensive, practical training courses in financing, marketing, managing, accounting, and recordkeeping for a small business, with an emphasis on federal, state, local, or private programs available to assist small businesses. Instruction shall be offered in major population centers throughout the state at times and locations that are convenient for minority and women small business owners.
(6)(a) Subject to the availability of amounts appropriated for this specific purpose, by December 1, 2010, the department, in conjunction with the small business development center, must prepare and present to the governor and appropriate legislative committees a specific, actionable plan to increase access to capital and technical assistance to small businesses and entrepreneurs beginning with the 2011-2013 biennium. In developing the plan, the department and the center may consult with the Washington state microenterprise association, and with other government, nonprofit, and private organizations as necessary. The plan must identify:
(i) Existing sources of capital and technical assistance for small businesses and entrepreneurs;
(ii) Critical gaps and barriers to availability of capital and delivery of technical assistance to small businesses and entrepreneurs;
(iii) Workable solutions to filling the gaps and removing barriers identified in (a)(ii) of this subsection; and
(iv) The financial resources and statutory changes necessary to put the plan into effect beginning with the 2011-2013 biennium.
(b) With respect to increasing access to capital, the plan must identify specific, feasible sources of capital and practical mechanisms for expanding access to it.
(c) The department and the center must include, within the analysis and recommendations in (a) of this subsection, any specific gaps, barriers, and solutions related to rural and low-income communities and small manufacturers interested in exporting.
[
2010 c 165 s 2
;
2005 c 136 s 13
;
1993 c 280 s 9
.]
NOTES:
Findings
—
Intent
—
2010 c 165:
"The legislature finds that small businesses and entrepreneurs are a fundamental source of economic and community vitality for our state. They employ state residents, pay state taxes, purchase goods and services from local and regional companies, and contribute to our communities in many other ways. The legislature finds that small businesses and entrepreneurs need increased access to capital and technical assistance in order to maximize their potential. The legislature intends that the department of commerce and the small business development center each build upon their existing relevant statutory missions and authorities by collaborating on a specific plan to expand services to small businesses and entrepreneurs beginning in the 2011-2013 biennium." [
2010 c 165 s 1
.]
Savings
—
Effective date
—
2005 c 136:
See notes following RCW 43.168.020
.
Tacoma world trade center
—
1993 c 134:
"The legislature recognizes that export opportunities for small and medium-sized businesses stimulates economic growth. Within current resources, the department of trade and economic development shall work with the Tacoma world trade center, to assist small and medium-sized businesses with export opportunities." [
1993 c 134 s 1
.]
RCW 43.330.062
Recruitment and retention of business
—
Protocols for associate development organizations and department staff.
In carrying out its responsibilities under RCW 43.330.060
and
43.330.080, the department must establish protocols to be followed by associate development organizations and department staff for the recruitment and retention of businesses. The protocols must specify the circumstances under which an associate development organization is required to notify the department of its business recruitment and retention efforts and when the department must notify the associate development organization of its business recruitment and retention efforts. The protocols established may not require the release of proprietary information or the disclosure of information that a client company has requested remain confidential. The department must require compliance with the protocols in its contracts with associate development organizations.
[
2011 c 286 s 1
.]
RCW 43.330.068
International companies investing in Washington
—
Eligibility for excise tax incentives.
An international company investing in Washington is included within the definition of person in RCW 82.04.030
and is eligible for excise tax incentives provided in Title
82
RCW in the same manner as any domestic company.
[
2005 c 135 s 2
.]
NOTES:
Finding
—
Intent
—
2005 c 135:
"The legislature finds that many international companies with an interest in operating in Washington are not aware of the various tax incentives that are available. It is the intent of the legislature to ensure that these international companies understand that they are eligible for these business and occupation tax and sales and use tax deferrals when investing in Washington. It is the further intent of the legislature that the *department of community, trade, and economic development and associate development organizations make clear to international companies that they are eligible for the state's various tax incentives." [
2005 c 135 s 1
.]
*Reviser's note:
The "department of community, trade, and economic development" was renamed the "department of commerce" by 2009 c 565.
RCW 43.330.070
Local development capacity
—
Training and technical assistance.
(1) The department shall work closely with local communities to increase their capacity to respond to economic, environmental, and social problems and challenges. The department shall coordinate the delivery of development services and technical assistance to local communities or regional areas. It shall promote partnerships between the public and private sectors and between state and local officials to encourage appropriate economic growth and opportunity in communities throughout the state. The department shall promote appropriate local development by: Supporting the ability of communities to develop and implement strategic development plans; assisting businesses to start up, maintain, or expand their operations; encouraging public infrastructure investment and private and public capital investment in local communities; supporting efforts to manage growth and provide affordable housing and housing services; providing for the identification and preservation of the state's historical and cultural resources; and expanding employment opportunities.
(2) The department shall define a set of services including training and technical assistance that it will make available to local communities, community-based nonprofit organizations, regional areas, or businesses. The department shall simplify access to these programs by providing more centralized and user-friendly information and referral. The department shall coordinate community and economic development efforts to minimize program redundancy and maximize accessibility. The department shall develop a set of criteria for targeting services to local communities. To the extent funding is made available for this purpose, the department shall provide technical assistance or enter into contracts to provide technical assistance to assist local communities in developing competitive applications for federal funding.
(3) The department shall develop a coordinated and systematic approach to providing training to community-based nonprofit organizations, local communities, and businesses. The approach shall be designed to increase the economic and community development skills available in local communities by providing training and funding for training for local citizens, nonprofit organizations, and businesses. The department shall emphasize providing training in those communities most in need of state assistance.
[
2024 c 223 s 2
;
1993 c 280 s 10
.]
NOTES:
Findings
—
Intent
—
2024 c 223:
"The legislature finds that Washington ranks poorly among all states in the amount of federal grants received relative to income taxes collected from its residents.
The legislature also finds that many of Washington's communities, particularly in slow-growing rural areas, face an economic development "chicken and egg" dilemma in which they need to secure matching dollars in order to obtain federal economic development dollars that would increase the local tax base, local revenue, and local employment and incomes.
The legislature further finds that recent federal legislation provides funding for economic development clusters that Washington state has invested in as part of its economic development strategy, including broadband and clean energy, buildings, and transportation. The federal legislation includes the infrastructure investment and jobs act, P.L. 117-58, the creating helpful incentives to produce semiconductors and science act, P.L. 117-167, and the inflation reduction act, P.L. 117-169.
The legislature further finds that increasing the availability of federal grant dollars in local communities provides a benefit of a reasonably general character to a significant part of the public.
Therefore, the legislature intends to continue and expand its efforts to increase the capacity of the department of commerce to assist local communities in successfully applying for federal grant dollars including through providing local communities with state matching funds for securing federal grants." [
2024 c 223 s 1
.]
RCW 43.330.075
Local government regulation and policy handouts
—
Technical assistance.
The department shall provide technical assistance in the compilation of and support in the production of the handouts to be published and kept current by counties and cities under RCW 36.70B.220
.
[
1996 c 206 s 11
.]
NOTES:
Findings
—
1996 c 206:
See note following RCW 43.05.030
.
RCW 43.330.080
Coordination of community and economic development services
—
Contracts with county-designated associate development organizations
—
Scope of services
—
Business services training.
(1)(a) The department must contract with county-designated associate development organizations to increase the support for and coordination of community and economic development services in communities or regional areas. The contracting organizations in each community or regional area must:
(i) Be broadly representative of community and economic interests;
(ii) Be capable of identifying key economic and community development problems, developing appropriate solutions, and mobilizing broad support for recommended initiatives;
(iii) Work closely with the department to carry out state-identified economic development priorities;
(iv) Work with and include local governments, local chambers of commerce, workforce development councils, port districts, labor groups, institutions of higher education, community action programs, and other appropriate private, public, or nonprofit community and economic development groups; and
(v) Meet and share best practices with other associate development organizations at least two times each year.
(b) The scope of services delivered under the contracts required in (a) of this subsection must include two broad areas of work:
(i) Direct assistance, including business planning, to companies throughout the county who need support to stay in business, expand, or relocate to Washington from out of state or other countries. Assistance must comply with business recruitment and retention protocols established in RCW 43.330.062, and includes:
(A) Working with the appropriate partners throughout the county including, but not limited to, local governments, workforce development councils, port districts, community and technical colleges and higher education institutions, export assistance providers, impact Washington, the Washington state quality award council, small business assistance programs, innovation partnership zones, and other federal, state, and local programs to facilitate the alignment of planning efforts and the seamless delivery of business support services within the entire county;
(B) Providing information on state and local permitting processes, tax issues, export assistance, and other essential information for operating, expanding, or locating a business in Washington;
(C) Marketing Washington and local areas as excellent locations to expand or relocate a business and positioning Washington as a globally competitive place to grow business, which may include developing and executing regional plans to attract companies from out of state;
(D) Working with businesses on-site location and selection assistance;
(E) Providing business retention and expansion services throughout the county. Such services must include, but are not limited to, business outreach and monitoring efforts to identify and address challenges and opportunities faced by businesses, assistance to trade impacted businesses in applying for grants from the federal trade adjustment assistance for firms program, and the provision of information to businesses on:
(I) Resources available for microenterprise development;
(II) Resources available on the revitalization of commercial districts; and
(III) The opportunity to maintain jobs through shared work programs authorized under chapter
50.60
RCW;
(F) Participating in economic development systemwide discussions regarding gaps in business start-up assistance in Washington;
(G) Providing or facilitating the provision of export assistance through workshops or one-on-one assistance; and
(H) Using a web-based information system to track data on business recruitment, retention, expansion, and trade; and
(ii) Support for regional economic research and regional planning efforts to implement target industry sector strategies and other economic development strategies, including cluster-based strategies. Research and planning efforts should support increased living standards and increased foreign direct investment, and be aligned with the statewide economic development strategy. Regional associate development organizations retain their independence to address local concerns and goals. Activities include:
(A) Participating in regional planning efforts with workforce development councils involving coordinated strategies around workforce development and economic development policies and programs. Coordinated planning efforts must include, but not be limited to, assistance to industry clusters in the region;
(B) Participating with the state board for community and technical colleges as created in RCW 28B.50.050, and any community and technical colleges in the coordination of the job skills training program and the customized training program within its region;
(C) Collecting and reporting data as specified by the contract with the department for statewide systemic analysis.   In cooperation with other local, regional, and state planning efforts, contracting organizations may provide insight into the needs of target industry clusters, business expansion plans, early detection of potential relocations or layoffs, training needs, and other appropriate economic information;
(D) In conjunction with other governmental jurisdictions and institutions, participating in the development of a countywide economic development plan.
(2) The department must provide business services training to the contracting organizations, including but not limited to:
(a) Training in the fundamentals of export assistance and the services available from private and public export assistance providers in the state; and
(b) Training in the provision of business retention and expansion services as required by subsection (1)(b)(i)(E) of this section.
[
2014 c 112 s 111
;
2012 c 195 s 1
;
2011 c 286 s 2
;
2009 c 151 s 10
;
2007 c 249 s 2
;
1997 c 60 s 1
;
1993 c 280 s 11
.]
NOTES:
Findings
—
Intent
—
2007 c 249:
"The legislature finds that economic development success requires coordinated state and local efforts. The legislature further finds that economic development happens at the local level. County-designated associate development organizations serve as a networking tool and resource hub for business retention, expansion, and relocation in Washington. Economic development success requires an adequately funded and coordinated state effort and an adequately funded and coordinated local effort. The legislature intends to bolster the partnership between state and local economic development efforts, provide increased funding for local economic development services, and increase local economic development service effectiveness, efficiency, and outcomes." [
2007 c 249 s 1
.]
RCW 43.330.082
Contracting associate development organizations
—
Performance measures and summary of best practices
—
Remediation plans
—
Report.
(1) Contracting associate development organizations must provide the department with measures of their performance and a summary of best practices shared and implemented by the contracting organizations. Annual reports must include the following information to show the contracting organization's impact on employment and overall changes in employment: Current employment and economic information for the community or regional area produced by the employment security department; the net change from the previous year's employment and economic information using data produced by the employment security department; other relevant information on the community or regional area; the amount of funds received by the contracting organization through its contract with the department; the amount of funds received by the contracting organization through all sources; and the contracting organization's impact on employment through all funding sources. Annual reports may include the impact of the contracting organization on wages, exports, tax revenue, small business creation, foreign direct investment, business relocations, expansions, terminations, and capital investment. Data must be input into a common web-based business information system managed by the department. Specific measures, data standards, and data definitions must be developed in the contracting process between the department and the contracting organization every two years. Performance measures should be consistent across regions to allow for statewide evaluation.
(2)(a) The department and contracting associate development organizations must agree upon specific target levels for the performance measures in subsection (1) of this section. Comparison of agreed thresholds and actual performance must occur annually.
(b) Contracting organizations that fail to achieve the agreed performance targets in more than one-half of the agreed measures must develop remediation plans to address performance gaps. The remediation plans must include revised performance thresholds specifically chosen to provide evidence of progress in making the identified service changes.
(c) Contracts and state funding must be terminated for one year for organizations that fail to achieve the agreed upon progress toward improved performance defined under (b) of this subsection. During the year in which termination for nonperformance is in effect, organizations must review alternative delivery strategies to include reorganization of the contracting organization, merging of previous efforts with existing regional partners, and other specific steps toward improved performance. At the end of the period of termination, the department may contract with the associate development organization or its successor as it deems appropriate.
(3) The department must submit a final report to the appropriate committees of the legislature by December 31st of each even-numbered year on the performance results of the contracts with associate development organizations.
[
2025 c 392 s 1
;
2014 c 112 s 112
;
2012 c 195 s 2
;
2011 c 286 s 3
;
2009 c 518 s 15
;
2007 c 249 s 3
.]
NOTES:
Findings
—
Intent
—
2007 c 249:
See note following RCW 43.330.080
.
RCW 43.330.084
Washington state quality award
—
Reimbursement of application fee.
Up to five associate development organizations per year contracting with the department under chapter 249, Laws of 2007 that apply for the Washington state quality award or its equivalent shall receive reimbursement for the award application fee, but may not be reimbursed more than once every three years.
[
2007 c 249 s 4
.]
NOTES:
Findings
—
Intent
—
2007 c 249:
See note following RCW 43.330.080
.
RCW 43.330.086
Contracts with associate development organizations
—
Schedule of awards.
To the extent that funds are specifically appropriated therefor, contracts with associate development organizations for the provision of services under RCW 43.330.080
(1)(b)(i) shall be awarded according to the following annual schedule:
(1) For associate development organizations serving urban counties, which are counties other than rural counties as defined in RCW 82.14.370, a locally matched allocation of up to 90 cents per capita, totaling no more than $300,000 per organization; and
(2) For associate development organizations in rural counties, as defined in RCW 82.14.370, a per county base allocation of $40,000 and a locally matched allocation of up to 90 cents per capita.
(3) The locally matched allocation shall not include general fund state, but may include a combination of nonstate funds, cash, or in-kind contributions.
[
2025 c 392 s 2
;
2008 c 131 s 3
;
2007 c 249 s 5
.]
NOTES:
Effective date
—
2008 c 131:
See note following RCW 43.160.020
.
Findings
—
Intent
—
2007 c 249:
See note following RCW 43.330.080
.
RCW 43.330.088
Associate development organizations
—
Grant program for grant writers.
(1) Subject to the availability of amounts appropriated for this specific purpose, by July 1, 2024, the department shall establish a grant program to support associate development organizations in the recruiting, hiring, and retention of grant writers. The department must award grants on an annual basis and must prioritize grants for distressed areas as defined under RCW 43.168.020
and grants for applications for federal funds.
(2) Associate development organizations must apply for the grant program in a manner to be determined by the department.
(3) Associate development organizations that receive awards under this section must provide information on the use of the funds, including a description of the associate development organization's recruiting and hiring efforts and, if applicable, the number and types of grants applied for by the grant writers funded by the state, in their annual reports to the department required under RCW 43.330.082
.
(4) Beginning December 31, 2026, the department must include information on grant award funding and use in its reports to the legislature on associate development organizations contracts required under RCW 43.330.082
.
(5) The department shall adopt rules to implement this section.
[
2024 c 223 s 3
;
2023 c 311 s 2
.]
NOTES:
Findings
—
Intent
—
2024 c 223:
See note following RCW 43.330.070
.
Findings
—
Intent
—
2023 c 311:
"The legislature finds that access to economic development assistance from government and philanthropic sources typically requires careful and skilled writing of grant applications. The legislature finds that trained and skilled grant writers are scarce, and particularly difficult to find in distressed areas with higher rates of unemployment that need economic development assistance. Therefore, the legislature intends to provide the department of commerce with the authority and resources necessary to ensure each county associate development organization can recruit and retain a grant writer." [
2023 c 311 s 1
.]
RCW 43.330.090
Economic diversification strategies
—
Targeted industry sectors
—
Film and video production.
(1) The department shall work with private sector organizations, industry and sector associations, federal agencies, state agencies that use a sector-based approach to service delivery, local governments, local associate development organizations, and higher education and training institutions in the development of industry sector-based strategies to diversify the economy, facilitate technology transfer and diffusion, and increase value-added production. The industry sectors targeted by the department may include, but are not limited to, aerospace, agriculture, food processing, forest products, marine services, health and biomedical, software, digital and interactive media, transportation and distribution, and microelectronics. The department shall, on a continuing basis, evaluate the potential return to the state from devoting additional resources to an industry sector-based approach to economic development and identifying and assisting additional sectors.
(2) The department's sector-based strategies shall include, but not be limited to, cluster-based strategies that focus on assisting regional industry sectors and related firms and institutions that meet the definition of an industry cluster in this section and based on criteria identified by the working group established in this chapter.
(3)(a) The department shall promote, market, and encourage growth in the production of films and videos, as well as television commercials within the state; to this end the department is directed to assist in the location of a film and video production studio within the state.
(b) The department may, in carrying out its efforts to encourage film and video production in the state, solicit and receive gifts, grants, funds, fees, and endowments, in trust or otherwise, from tribal, local, or other governmental entities, as well as private sources, and may expend the same or any income therefrom for the encouragement of film and video production. All revenue received for such purposes shall be deposited into the general fund.
(4) In assisting in the development of regional and statewide industry cluster-based strategies, the department's activities shall include, but are not limited to:
(a) Facilitating regional focus group discussions and conducting studies to identify industry clusters, appraise the current information linkages within a cluster, and identify issues of common concern within a cluster;
(b) Supporting industry and cluster associations, publications of association and cluster directories, and related efforts to create or expand the activities of industry and cluster associations;
(c) Administering a competitive grant program to fund economic development activities designed to further regional cluster growth. In administering the program, the department shall work with the workforce training and education coordinating board, the state board for community and technical colleges, the employment security department, business, and labor.
(i) The department shall seek recommendations on criteria for evaluating applications for grant funds and recommend applicants for receipt of grant funds. Criteria shall include not duplicating the purpose or efforts of industry skill panels.
(ii) Applicants must include organizations from at least two counties and participants from the local business community. Eligible organizations include, but are not limited to, local governments, economic development councils, chambers of commerce, federally recognized Indian tribes, workforce development councils, and educational institutions.
(iii) Applications must evidence financial participation of the partner organizations.
(iv) Eligible activities include the formation of cluster economic development partnerships, research and analysis of economic development needs of the cluster, the development of a plan to meet the economic development needs of the cluster, and activities to implement the plan.
(v) Priority shall be given to applicants that complement industry skill panels and will use the grant funds to build linkages and joint projects.
(vi) The maximum amount of a grant is one hundred thousand dollars.
(vii) A maximum of one hundred thousand dollars total can go to King, Pierce, Kitsap, and Snohomish counties combined.
(viii) No more than ten percent of funds received for the grant program may be used by the department for administrative costs.
(5) As used in this chapter, "industry cluster" means a geographic concentration of interconnected companies in a single industry, related businesses in other industries, including suppliers and customers, and associated institutions, including government and education.
[
2014 c 112 s 113
;
2012 c 198 s 3
;
2010 1st sp.s. c 7 s 59
;
2009 c 151 s 1
;
2007 c 228 s 201
;
2006 c 105 s 1
;
2005 c 136 s 14
;
2003 c 153 s 2
;
1998 c 245 s 85
;
1994 c 144 s 1
;
1993 c 280 s 12
.]
NOTES:
Effective date
—
2012 c 198:
See note following RCW 70A.15.5110
.
Effective date
—
2010 1st sp.s. c 26; 2010 1st sp.s. c 7:
See note following RCW 43.03.027
.
Savings
—
Effective date
—
2005 c 136:
See notes following RCW 43.168.020
.
Findings
—
2003 c 153:
"The legislature finds that tourism is a growing sector of the Washington economy. Washington has a diverse geography, geology, climate, and natural resources, and offers abundant opportunities for wildlife viewing. Nature-based tourism is the fastest growing outdoor activity and segment of the travel industry and the state can take advantage of this by marketing Washington's natural assets to international as well as national tourist markets. Expanding tourism efforts can provide Washington residents with jobs and local communities with needed revenues.
The legislature also finds that current efforts to promote Washington's natural resources and nature-based tourism to national and international markets are too diffuse and limited by funding and that a collaborative effort among state and local governments, tribes, and private enterprises can serve to leverage the investments in nature-based tourism made by each." [
2003 c 153 s 1
.]
Effective date
—
1994 c 144:
"This act shall take effect July 1, 1994." [
1994 c 144 s 3
.]
RCW 43.330.094
Tourism development and promotion account
—
Promotion of tourism industry.
The tourism development and promotion account is created in the state treasury. All receipts from RCW 36.102.060
(10) must be deposited into the account. Moneys in the account may be spent only after appropriation. Expenditures from the account may be used by the department of commerce only for the purposes of expanding and promoting the tourism industry in the state of Washington. During the 2009-2011 fiscal biennium, the legislature may transfer from the tourism development and promotion account to the state general fund such amounts as reflect the excess fund balance of the account.
[
2011 c 5 s 913
;
2009 c 565 s 6
;
2007 c 228 s 202
;
2003 c 153 s 4
;
1997 c 220 s 223
(Referendum Bill No. 48, approved June 17, 1997).]
NOTES:
Effective date
—
2011 c 5:
See note following RCW 43.03.220
.
Findings
—
2003 c 153:
See note following RCW 43.330.090
.
Referendum
—
Other legislation limited
—
Legislators' personal intent not indicated
—
Reimbursements for election
—
Voters' pamphlet, election requirements
—
1997 c 220:
See RCW 36.102.800
through
36.102.803
.
RCW 43.330.100
Local infrastructure and public facilities
—
Grants and loans.
(1) The department shall support the development and maintenance of local infrastructure and public facilities and provide local communities with flexible sources of funding. The department shall coordinate grant and loan programs that provide infrastructure and investment in local communities. This shall include coordinating funding for eligible projects with other federal, state, local, private, and nonprofit funding sources.
(2) At a minimum, the department shall provide coordinated procedures for applying for and tracking grants and loans among and between the community economic revitalization board, the public works trust fund, and community development block grants.
[
1993 c 280 s 13
.]
RCW 43.330.110
Housing
—
Energy assistance.
(1) The department shall maintain an active effort to help communities, families, and individuals build and maintain capacity to meet housing needs in Washington state. The department shall facilitate partnerships among the many entities related to housing issues and leverage a variety of resources and services to produce comprehensive, cost-effective, and innovative housing solutions.
(2) The department shall assist in the production, development, rehabilitation, and operation of owner-occupied or rental housing for very low, low, and moderate-income persons; operate programs to assist homeownership, offer housing services, and provide emergency, transitional, and special needs housing services; and qualify as a participating state agency for all programs of the federal department of housing and urban development or its successor. The department shall develop or assist local governments in developing housing plans required by the state or federal government.
(3) The department shall coordinate and administer energy assistance and residential energy conservation and rehabilitation programs of the federal and state government through nonprofit organizations, local governments, and housing authorities.
[
1993 c 280 s 14
.]
RCW 43.330.120
Growth management.
(1) The department shall serve as the central coordinator for state government in the implementation of the growth management act, chapter
36.70A
RCW. The department shall work closely with all Washington communities planning for future growth and responding to the pressures of urban sprawl. The department shall ensure coordinated implementation of the growth management act by state agencies.
(2) The department shall offer technical and financial assistance to cities and counties planning under the growth management act. The department shall help local officials interpret and implement the different requirements of the act through workshops, model ordinances, and information materials.
(3) The department shall provide alternative dispute resolution to jurisdictions and organizations to mediate disputes and to facilitate consistent implementation of the growth management act. The department shall review local governments compliance with the requirements of the growth management act and make recommendations to the governor.
[
1993 c 280 s 15
.]
RCW 43.330.125
Assistance to counties and cities.
The department of commerce shall provide training and technical assistance to counties and cities to assist them in fulfilling the requirements of chapter
36.70B
RCW.
[
2009 c 565 s 7
;
1995 c 347 s 430
.]
NOTES:
Finding
—
Severability
—
Part headings and table of contents not law
—
1995 c 347:
See notes following RCW 36.70A.470
.
RCW 43.330.130
Services to poor and disadvantaged persons
—
Preschool children
—
Substance abuse
—
Family services
—
Fire protection and emergency management.
(1) The department shall coordinate services to communities that are directed to the poor and disadvantaged through private and public nonprofit organizations and units of general purpose local governments. The department shall coordinate these programs using, to the extent possible, integrated case management methods, with other community and economic development efforts that promote self-sufficiency.
(2) These services may include, but not be limited to, comprehensive education services to preschool children from low-income families, providing for human service needs and advocacy, promoting volunteerism and citizen service as a means for accomplishing local community and economic development goals, and providing for human service needs through community-based organizations.
(3) The department shall provide local communities and at-risk individuals with programs that provide community protection and assist in developing strategies to reduce substance abuse. The department shall administer programs that develop collaborative approaches to prevention, intervention, and interdiction programs. The department shall administer programs that support crime victims, address youth and domestic violence problems, provide indigent defense for low-income persons, border town disputes, and administer family services and programs to promote the state's policy as provided in RCW 74.14A.025
.
(4) The department shall provide fire protection and emergency management services to support and strengthen local capacity for controlling risk to life, property, and community vitality that may result from fires, emergencies, and disasters.
[
2010 c 68 s 2
;
1993 c 280 s 16
.]
NOTES:
Effective date
—
2010 c 68:
See note following RCW 43.23.290
.
RCW 43.330.135
Court-appointed special advocate programs
—
Funds
—
Eligibility.
(1) The department of commerce shall distribute such funds as are appropriated for the statewide technical support, development, and enhancement of court-appointed special advocate programs.
(2) In order to receive money under subsection (1) of this section, an organization providing statewide technical support, development, and enhancement of court-appointed special advocate programs must meet all of the following requirements:
(a) The organization must provide statewide support, development, and enhancement of court-appointed special advocate programs that offer guardian ad litem services as provided in RCW 26.12.175, 26.44.053, and
13.34.100
;
(b) All guardians ad litem working under court-appointed special advocate programs supported, developed, or enhanced by the organization must be volunteers and may not receive payment for services rendered pursuant to the program. The organization may include paid positions that are exclusively administrative in nature, in keeping with the scope and purpose of this section; and
(c) The organization providing statewide technical support, development, and enhancement of court-appointed special advocate programs must be a public benefit nonprofit corporation as defined in RCW 24.03A.245
.
(3) If more than one organization is eligible to receive money under this section, the department shall develop criteria for allocation of appropriated money among the eligible organizations.
[
2021 c 176 s 5226
;
2009 c 565 s 8
;
1995 c 13 s 1
.]
NOTES:
Effective date
—
2021 c 176:
See note following RCW 24.03A.005
.
RCW 43.330.145
Entrepreneurial assistance
—
Recipients of temporary assistance for needy families
—
Cooperation with agencies for training and industrial recruitment.
(1) The department shall ensure that none of its rules or practices act to exclude recipients of temporary assistance for needy families from any small business loan opportunities or entrepreneurial assistance it makes available through its community development block grant program or otherwise provides using state or federal resources. The department shall encourage local administrators of microlending programs using public funds to conduct outreach activities to encourage recipients of temporary assistance for needy families to explore self-employment as an option. The department shall compile information on private and public sources of entrepreneurial assistance and loans for start-up businesses and provide the department of social and health services with the information for dissemination to recipients of temporary assistance for needy families.
(2) The department shall, as part of its industrial recruitment efforts, work with the workforce training and education coordinating board to identify the skill sets needed by companies locating in the state. The department shall provide the department of social and health services with the information about the companies' needs in order that recipients of public assistance and service providers assisting such recipients through training and placement programs may be informed and respond accordingly. The department shall work with the state board for community and technical colleges, the job skills program, the employment security department, and other employment and training programs to facilitate the inclusion of recipients of temporary assistance for needy families in relevant training that would make them good employees for recruited firms.
(3) The department shall perform the duties under this section within available funds.
[
1997 c 58 s 323
.]
NOTES:
Short title
—
Part headings, captions, table of contents not law
—
Exemptions and waivers from federal law
—
Conflict with federal requirements
—
Severability
—
1997 c 58:
See RCW 74.08A.900
through
74.08A.904
.
RCW 43.330.150
Fees
—
Conferences, workshops, training.
The department is authorized to charge reasonable fees to cover costs for conferences, workshops, and training purposes and to expend those fees for the purposes for which they were collected.
[
1994 c 284 s 1
.]
NOTES:
Effective date
—
1994 c 284:
See RCW 43.22A.901
.
RCW 43.330.152
Fees
—
Service and product delivery areas.
In order to extend its services and programs, the department may charge reasonable fees for services and products provided in the areas of financial assistance, housing, international trade, community assistance, economic development, and other service delivery areas, except as otherwise provided. These fees are not intended to exceed the costs of providing the service or preparing and distributing the product.
[
1994 c 284 s 2
.]
NOTES:
Effective date
—
1994 c 284:
See RCW 43.22A.901
.
RCW 43.330.155
Community and economic development fee account.
The community and economic development fee account is created in the state treasury. The department may create subaccounts as necessary. The account consists of all receipts from fees charged by the department under RCW 43.330.150, 43.330.152, and *
43.210.110
. Expenditures from the account may be used only for the purposes of this chapter. Only the director or the director's designee may authorize expenditures from the account. Expenditures from the account may be spent only after appropriation.
[
1994 c 284 s 4
.]
NOTES:
*Reviser's note:
RCW 43.210.110
was repealed by 1991 c 314 s 18, effective June 30, 1997.
Effective date
—
1994 c 284:
See RCW 43.22A.901
.
RCW 43.330.156
Fees
—
Adoption by rule.
The fees authorized under RCW 43.330.150, 43.330.152, *
70.95H.040, and **
43.210.110
shall be adopted by rule pursuant to chapter
34.05
RCW.
[
1994 c 284 s 8
.]
NOTES:
Reviser's note:
*(1) The governor vetoed 1994 c 284 s 5, the amendment to RCW 70.95H.040
that provided for fees. Chapter
70.95H
RCW was repealed in its entirety by
2017 3rd sp.s. c 25 s 9
.
**(2) RCW 43.210.110
was repealed by 1991 c 314 s 18, effective June 30, 1997.
Effective date
—
1994 c 284:
See RCW 43.22A.901
.
RCW 43.330.165
Housing for farmworkers
—
Proposal review and funding recommendations
—
Farmworker housing advisory group.
(1) The department shall work with the advisory group established in subsection (2) of this section to review proposals and make prioritized funding recommendations to the department or funding approval board that oversees the distribution of housing trust fund grants and loans to be used for the development, maintenance, and operation of housing for low-income farmworkers.
(2) A farmworker housing advisory group representing growers, farmworkers, and other interested parties shall be formed to assist the department in the review and priority funding recommendations under this section.
[
1998 c 37 s 8
.]
RCW 43.330.167
Washington youth and families fund.
(1)(a) There is created in the custody of the state treasurer an account to be known as the Washington youth and families fund. Revenues to the fund consist of appropriations by the legislature, private contributions, and all other sources deposited in the fund.
(b) Expenditures from the fund may only be used for the purposes of the program established in this section, including administrative expenses. Only the director of the department of commerce, or the director's designee, may authorize expenditures.
(c) Expenditures from the fund are exempt from appropriations and the allotment provisions of chapter
43.88
RCW. However, money used for program administration by the department is subject to the allotment and budgetary controls of chapter
43.88
RCW, and an appropriation is required for these expenditures.
(2) The department may expend moneys from the fund to provide state matching funds for housing-based supportive services for homeless youth and families.
(3) Activities eligible for funding through the fund include, but are not limited to, the following:
(a) Case management;
(b) Counseling;
(c) Referrals to employment support and job training services and direct employment support and job training services;
(d) Domestic violence services and programs;
(e) Mental health treatment, services, and programs;
(f) Substance abuse treatment, services, and programs;
(g) Parenting skills education and training;
(h) Transportation assistance;
(i) Child care; and
(j) Other supportive services identified by the department to be an important link for housing stability.
(4) Organizations that may receive funds from the fund include local housing authorities, nonprofit community or neighborhood-based organizations, public development authorities, federally recognized Indian tribes in the state, and regional or statewide nonprofit housing assistance organizations.
[
2015 c 69 s 24
;
2009 c 565 s 9
;
2004 c 276 s 718
.]
NOTES:
Severability
—
2004 c 276:
"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." [
2004 c 276 s 915
.]
Effective date
—
2004 c 276:
"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 [April 1, 2004]." [
2004 c 276 s 916
.]
RCW 43.330.170
Statewide housing market analysis.
The office of community development of the department of commerce is directed to conduct a statewide housing market analysis by region. The purpose of the analysis is to identify areas of greatest need for the appropriate investment of state affordable housing funds, using vacancy data and other appropriate measures of need for low-income housing. The analysis shall include the number and types of projects that counties have developed using the funds collected under chapter 294, Laws of 2002. The analysis shall be completed by September 2003, and updated every two years thereafter.
[
2009 c 565 s 10
;
2002 c 294 s 4
.]
NOTES:
Findings
—
2002 c 294:
See note following RCW 36.18.010
.
RCW 43.330.181
Office of apple health and homes—Responsibilities.
(1) Subject to the availability of amounts appropriated for this specific purpose, there is created the office of apple health and homes within the department.
(2) Activities of the office of apple health and homes must be carried out by a director of the office of apple health and homes, supervised by the director of the department or their designee.
(3) The office of apple health and homes is responsible for leading efforts under this section and coordinating a spectrum of practice efforts related to providing permanent supportive housing, including leading efforts related to every aspect of creating housing, operating housing, obtaining services, and delivering those services to connect people with housing and maintain them in that housing.
(4) The office of apple health and homes shall:
(a) Subject to available funding, allocate funding for permanent supportive housing units sufficient in number to fulfill permanent supportive housing needs of persons determined to be eligible for the program by the coordinating entity or entities under RCW 74.09.886
;
(b) Collaborate with department divisions responsible for making awards or loans to appropriate housing providers to acquire, build, and operate the housing units, including but not limited to nonprofit community organizations, local counties and cities, public housing authorities, and public development authorities;
(c) Collaborate with the authority on administrative functions, oversight, and reporting requirements, as necessary to implement the apple health and homes program established under RCW 74.09.886
;
(d) Establish metrics and collect racially disaggregated data from the authority and the department related to the program's effect on providing persons with permanent supportive housing, moving people into independent housing, long-term housing stability, improving health outcomes for people in the program, estimated reduced health care spending to the state on persons enrolled in the program, and outcomes related to social determinants of health;
(e) Develop a publicly accessible dashboard to make key program outcomes available to the public. Key program outcomes include, but are not limited to, the number of people served by the program and the number of housing units created by the office;
(f) Create work plans and establish milestones to achieve the goal of providing permanent supportive housing for all eligible individuals; and
(g) Oversee the allocation of community support services provider and housing provider capacity-building grants to further the state's interests of enhancing the ability of community support services providers and housing providers to deliver community support services and permanent supportive housing and assure that an initial infrastructure is established to create strong networks of community support services providers and housing providers.
(5) The office of apple health and homes must be operational no later than January 1, 2023. The department shall assure the coordination of the work of the office of apple health and homes with other offices within the department with similar or adjacent authorities and functions.
(6) For the purposes of this section:
(a) "Community support services provider" has the same meaning as in RCW 74.09.885
.
(b) "Coordinating entity" has the same meaning as in RCW 74.09.885
.
(c) "Housing provider" has the same meaning as in RCW 74.09.885
.
(d) "Permanent supportive housing" has the same meaning as in RCW 74.09.885
.
[
2022 c 216 s 5
.]
NOTES:
Findings
—
Intent
—
Short title
—
2022 c 216:
See notes following RCW 74.09.885
.
RCW 43.330.184
Apple health and homes account.
The apple health and homes account is created in the state treasury. Moneys in the account may be spent only after appropriation. Expenditures from the account may be used only for permanent supportive housing programs administered by the office created in RCW 43.330.181, including acquisition and development of permanent supportive housing units, operations, maintenance, and services costs of permanent supportive housing units, project-based vouchers, provider grants, and other purposes authorized by appropriations made in the operating budget. The department must prioritize allocating at least 10 percent of the expenditures from the account to organizations that serve and are substantially governed by individuals disproportionately impacted by homelessness and behavioral health conditions, including black, indigenous, and other people of color, lesbian, gay, bisexual, queer, transgender, and other gender diverse individuals. When selecting projects supported by funds from the account, the office shall balance the state's interest in quickly approving and financing projects, the degree to which the project will leverage other funds, the extent to which the project promotes racial equity, and the extent to which the project will promote priorities of chapter 216, Laws of 2022 on a statewide basis, including in rural areas and in geographically diverse parts of the state. During the 2025-2027 fiscal biennium, the legislature may direct the state treasurer to transfer money in the apple health and homes account to the state general fund.
[
2025 c 424 s 959
;
2022 c 216 s 6
.]
NOTES:
Effective date
—
2025 c 424:
See note following RCW 9.46.100
.
Findings
—
Intent
—
Short title
—
2022 c 216:
See notes following RCW 74.09.885
.
RCW 43.330.187
Rapid permanent supportive housing acquisition and development program.
Subject to amounts appropriated from the apple health and homes account created in RCW 43.330.184
the department of commerce shall establish a rapid permanent supportive housing acquisition and development program to issue competitive financial assistance to eligible organizations under RCW 43.185A.040
and to public development authorities established under RCW 35.21.730
through
35.21.755, for the acquisition or the construction of permanent supportive housing units, subject to the following conditions and limitations:
(1) Awards or loans provided under this section may be used to construct permanent supportive housing units or to acquire real property for quick conversion into permanent supportive housing units which may include predevelopment or development activities, renovation, and building update costs. Awards or loans provided under this section may not be used for operating or maintenance costs associated with providing permanent supportive housing, supportive services, or debt service.
(2) Projects acquired or constructed under this section must serve individuals eligible for a community support services benefit through the apple health and homes program, as established in RCW 74.09.886
.
(3) The department of commerce shall establish criteria for the issuance of the awards or loans, including but not limited to:
(a) The date upon which structural modifications or construction would begin and the anticipated date of completion of the project;
(b) A detailed estimate of the costs associated with the construction or acquisition and any updates or improvements necessary to make the property habitable for its intended use;
(c) A detailed estimate of the costs associated with opening the units; and
(d) A financial plan demonstrating the ability to maintain and operate the property and support its intended tenants through the end of the award or loan contract.
(4) The department of commerce shall provide a progress report on its website by June 1, 2023. The report must include:
(a) The total number of applications and amount of funding requested; and
(b) A list and description of the projects approved for funding including state funding, total project cost, number of units, and anticipated completion date.
(5)(a) The funding in this section shall be allocated on an ongoing basis until all funds are expended. The department of commerce shall dispense funds to qualifying applicants within 45 days of receipt of documentation from the applicant for qualifying uses and execution of any necessary contracts with the department in order to effect the purpose of rapid deployment of funds under this section.
(b) The department of commerce shall ensure that proposals that reach the greatest public benefit, as defined by the department, are prioritized. For the purposes of this subsection, "greatest public benefit" must include, but is not limited to:
(i) The greatest number of qualifying permanent supportive housing units created by the state investment, determined by comparing simultaneous applications for funding from the same geographic region; and
(ii) Equitable geographic distribution, to the extent possible, relative to need, as determined by the establishment of regional targets.
[
2022 c 216 s 8
.]
NOTES:
Findings
—
Intent
—
Short title
—
2022 c 216:
See notes following RCW 74.09.885
.
RCW 43.330.190
Reimbursement of extraordinary criminal justice costs.
Counties may submit a petition for relief to the office of public defense for reimbursement of extraordinary criminal justice costs. Extraordinary criminal justice costs are defined as those associated with investigation, prosecution, indigent defense, jury impanelment, expert witnesses, interpreters, incarceration, and other adjudication costs of aggravated murder cases.
(1) The office of public defense, in consultation with the Washington association of prosecuting attorneys and the Washington association of sheriffs and police chiefs, shall develop procedures for processing the petitions, for auditing the veracity of the petitions, and for prioritizing the petitions. Prioritization of the petitions shall be based on, but not limited to, such factors as disproportionate fiscal impact relative to the county budget, efficient use of resources, and whether the costs are extraordinary and could not be reasonably accommodated and anticipated in the normal budget process.
(2) Before January 1st of each year, the office of public defense, in consultation with the Washington association of prosecuting attorneys and the Washington association of sheriffs and police chiefs, shall develop and submit to the appropriate fiscal committees of the senate and house of representatives a prioritized list of submitted petitions that are recommended for funding by the legislature.
[
1999 c 303 s 1
.]
RCW 43.330.250
Economic development strategic reserve account
—
Authorized expenditures
—
Transfer of excess funds to the education construction account.
(1) The economic development strategic reserve account is created in the state treasury to be used only for the purposes of this section.
(2) Only the governor, with the recommendation of the director of the department of commerce, may authorize expenditures from the account.
(3) During the 2009-2011, 2011-2013, and 2025-2027 fiscal biennia, moneys in the account may also be transferred into the state general fund.
(4) Expenditures from the account may be made to prevent closure of a business or facility, to prevent relocation of a business or facility in the state to a location outside the state, or to recruit a business or facility to the state. Expenditures may be authorized for:
(a) Workforce development;
(b) Public infrastructure needed to support or sustain the operations of the business or facility;
(c) Other lawfully provided assistance including, but not limited to, technical assistance, environmental analysis, relocation assistance, and planning assistance. Funding may be provided for such assistance only when it is in the public interest and may only be provided under a contractual arrangement ensuring that the state will receive appropriate consideration, such as an assurance of job creation or retention; and
(d) The joint center for aerospace technology innovation.
(5) The funds shall not be expended from the account unless:
(a) The circumstances are such that time does not permit the director of the department of commerce or the business or facility to secure funding from other state sources;
(b) The business or facility produces or will produce significant long-term economic benefits to the state, a region of the state, or a particular community in the state;
(c) The business or facility does not require continuing state support;
(d) The expenditure will result in new jobs, job retention, or higher incomes for citizens of the state;
(e) The expenditure will not supplant private investment; and
(f) The expenditure is accompanied by private investment.
(6) No more than three million dollars per year may be expended from the account for the purpose of assisting an individual business or facility pursuant to the authority specified in this section.
(7) If the account balance in the strategic reserve account exceeds fifteen million dollars at any time, the amount in excess of fifteen million dollars shall be transferred to the education construction account.
(8) During the 2017-2019, 2019-2021, and 2025-2027 fiscal biennia, the legislature may appropriate moneys from the account to fund programs and grants at the department of commerce. It is the intent of the legislature that this policy will be continued in subsequent fiscal biennia.
[
2025 c 424 s 960
;
2019 c 415 s 974
;
2017 3rd sp.s. c 1 s 975
;
2015 3rd sp.s. c 4 s 962
;
2014 c 112 s 114
;
2013 2nd sp.s. c 24 s 1
;
2011 1st sp.s. c 50 s 956
. Prior:
2009 c 565 s 13
;
2009 c 564 s 943
;
2008 c 329 s 914
;
2005 c 427 s 1
.]
NOTES:
Effective date
—
2025 c 424:
See note following RCW 9.46.100
.
Effective date
—
2019 c 415:
See note following RCW 28B.20.476
.
Effective date
—
2017 3rd sp.s. c 1:
See note following RCW 43.41.455
.
Effective dates
—
2015 3rd sp.s. c 4:
See note following RCW 28B.15.069
.
Effective dates
—
2011 1st sp.s. c 50:
See note following RCW 15.76.115
.
Effective date
—
2009 c 564:
See note following RCW 2.68.020
.
Severability
—
Effective date
—
2008 c 329:
See notes following RCW 28B.105.110
.
RCW 43.330.260
Inventory of economic development grant opportunities
—
Joint efforts for grant seeking and attracting major events.
(1) The department shall make available, within existing resources, an inventory of grant opportunities for state agencies, local governments, and other community organizations engaged in economic development activities.
(2) In developing the inventory of economic development grant opportunities, the department may:
(a) Regularly review the federal register for opportunities to apply for grants, research projects, and demonstration projects;
(b) Maintain an inventory of grant opportunities with private foundations and businesses;
(c) Provide a resource guide for applicants for federal grants, including links to federal applications and relevant resources, and contact information for department assistance; and
(d) Consult with federal officials, including but not limited to those in the small business administration, the department of labor, the department of commerce, the department of agriculture, the department of ecology, as well as private foundations and businesses, on the prospects for obtaining federal and private funds for economic development purposes in Washington state.
(3) The department may also facilitate joint efforts between agencies and between local organizations and state agencies that will increase the likelihood of success in grant seeking and the attraction of major events.
[
2024 c 223 s 4
;
2006 c 314 s 2
.]
NOTES:
Findings
—
Intent
—
2024 c 223:
See note following RCW 43.330.070
.
Finding
—
2006 c 314:
"The legislature declares that it is the state's policy to encourage the use of federal and private funds for economic development purposes and to use state resources to leverage federal and private dollars to supplement state economic development efforts." [
2006 c 314 s 1
.]
RCW 43.330.270
Innovation partnership zone program.
(1) The department must design and implement an innovation partnership zone program through which the state will encourage and support research institutions, workforce training organizations, and globally competitive companies to work cooperatively in close geographic proximity to create commercially viable products and jobs.
(2) The director must designate innovation partnership zones on the basis of the following criteria:
(a) Innovation partnership zones must have three types of institutions operating within their boundaries, or show evidence of planning and local partnerships that will lead to dense concentrations of these institutions:
(i) Research capacity in the form of a university or community college fostering commercially valuable research, nonprofit institutions creating commercially applicable innovations, or a national laboratory;
(ii) An industry cluster as defined in RCW 43.330.090
. The cluster must include a dense proximity of globally competitive firms in a research-based industry or industries or individual firms with innovation strategies linked to (a)(i) of this subsection. A globally competitive firm may be signified through international organization for standardization 9000 or 1400 certification, or evidence of sales in international markets; and
(iii) Training capacity either within the zone or readily accessible to the zone. The training capacity requirement may be met by the same institution as the research capacity requirement, to the extent both are associated with an educational institution in the proposed zone;
(b) The support of a local jurisdiction, a research institution, an educational institution, an industry or cluster association, a workforce development council, and an associate development organization, port, or chamber of commerce;
(c) Identifiable boundaries for the zone within which the applicant will concentrate efforts to connect innovative researchers, entrepreneurs, investors, industry associations or clusters, and training providers. The geographic area defined should lend itself to a distinct identity and have the capacity to accommodate firm growth;
(d) The innovation partnership zone administrator must be an economic development council, port, workforce development council, city, or county.
(3) With respect solely to the research capacity required in subsection (2)(a)(i) of this section, the director may waive the requirement that the research institution be located within the zone. To be considered for such a waiver, an applicant must provide a specific plan that demonstrates the research institution's unique qualifications and suitability for the zone, and the types of jointly executed activities that will be used to ensure ongoing, face-to-face interaction and research collaboration among the zone's partners.
(4) On October 1st of each odd-numbered year, the director must designate innovation partnership zones on the basis of applications that meet the legislative criteria, estimated economic impact of the zone, evidence of forward planning for the zone, and other criteria as developed by the department. Estimated economic impact must include evidence of anticipated private investment, job creation, innovation, and commercialization. The director must require evidence that zone applicants will promote commercialization, innovation, and collaboration among zone residents.
(5) Innovation partnership zones are eligible for funds and other resources as provided by the legislature or at the discretion of the governor.
(6) If the innovation partnership zone meets the other requirements of the fund sources, then the zone is eligible for the following funds relating to:
(a) The local infrastructure financing tools program;
(b) The sales and use tax for public facilities in rural counties;
(c) Job skills;
(d) Local improvement districts; and
(e) Community economic revitalization board projects under chapter
43.160
RCW.
(7) An innovation partnership zone must be designated as a zone for a four-year period. At the end of the four-year period, the zone must reapply for the designation through the department.
(8) If the director finds that an applicant does not meet all of the statutory criteria or additional criteria recommended by the department to be designated as an innovation partnership zone, the department must:
(a) Identify the deficiencies in the proposal and recommended steps for the applicant to take to strengthen the proposal;
(b) Provide the applicant with the opportunity to appeal the decision to the director; and
(c) Allow the applicant to reapply for innovation partnership designation on October 1st of the following calendar year or during any subsequent application cycle.
(9) If the director finds at any time after the initial year of designation that an innovation partnership zone is failing to meet the performance standards required in its contract with the department, the director may withdraw such designation and cease state funding of the zone.
(10) The department must convene annual information sharing events for innovation partnership zone administrators and other interested parties.
(11) An innovation partnership zone must annually provide performance measures as required by the director, including but not limited to private investment measures, job creation measures, and measures of innovation such as licensing of ideas in research institutions, patents, or other recognized measures of innovation.
(12) The department must compile a biennial report on the innovation partnership zone program by December 1st of every even-numbered year. The report must provide information for each zone on its: Objectives; funding, tax incentives, and other support obtained from public sector sources; major activities; partnerships; performance measures; and outcomes achieved since the inception of the zone or since the previous biennial report. The department must submit the report to the governor and legislature beginning December 1, 2010.
[
2014 c 112 s 115
;
2012 c 225 s 1
;
2009 c 72 s 1
;
2007 c 227 s 1
.]
RCW 43.330.280
Documentation of clusters of companies having a comparative competitive advantage
—
Process and criteria
—
Working group.
(1) The department shall document clusters of companies throughout the state that have comparative competitive advantage or the potential for comparative competitive advantage, using the process and criteria for identifying strategic clusters developed by the working group specified in subsection (2) of this section.
(2) The department and the workforce training and education coordinating board shall jointly convene a working group to:
(a) Specify the process and criteria for identification of substate geographic concentrations of firms or employment in an industry and the industry's customers, suppliers, supporting businesses, and institutions, which process will include the use of labor market information from the employment security department and local labor markets; and
(b) Establish criteria for identifying strategic clusters which are important to economic prosperity in the state, considering cluster size, growth rate, and wage levels among other factors.
[
2014 c 112 s 116
;
2012 c 229 s 708
. Prior:
2009 c 565 s 14
;
2009 c 72 s 2
;
2007 c 227 s 2
.]
NOTES:
Effective date
—
2012 c 229 ss 101, 117, 401, 402, 501 through 594, 601 through 609, 701 through 708, 801 through 821, 902, and 904:
See note following RCW 28B.77.005
.
RCW 43.330.300
Financial fraud and identity theft crimes investigation and prosecution program.
(Expires July 1, 2030.)
(1) The financial fraud and identity theft crimes investigation and prosecution program is created in the department of commerce. The department shall:
(a) Appoint members of the financial fraud task forces created in subsection (2) of this section;
(b) Administer the account created in subsection (3) of this section; and
(c) By December 31st of each year submit a report to the appropriate committees of the legislature and the governor regarding the progress of the program and task forces. The report must include information regarding the use of funds and funding needs to facilitate a biennial review of the program's funding. The report must also include recommendations on changes to the program, including expansion.
(2)(a) The department shall establish two regional financial fraud and identity theft crime task forces that include a central Puget Sound task force that includes King, Pierce, and Snohomish counties, and a Spokane county task force. Each task force must be comprised of local law enforcement, county prosecutors, representatives of the office of the attorney general, financial institutions, and other state and local law enforcement.
(b) The department shall appoint: (i) Representatives of local law enforcement from a list provided by the Washington association of sheriffs and police chiefs; (ii) representatives of county prosecutors from a list provided by the Washington association of prosecuting attorneys; and (iii) representatives of financial institutions.
(c) Each task force shall:
(i) Hold regular meetings to discuss emerging trends and threats of local financial fraud and identity theft crimes;
(ii) Set priorities for the activities for the task force;
(iii) Apply to the department for funding to (A) hire prosecutors and/or law enforcement personnel dedicated to investigating and prosecuting financial fraud and identity theft crimes; and (B) acquire other needed resources to conduct the work of the task force;
(iv) Establish outcome-based performance measures; and
(v) Twice annually report to the department regarding the activities and performance of the task force.
(3) The financial fraud and identity theft crimes investigation and prosecution account is created in the state treasury. Moneys in the account may be spent only after appropriation. Revenue to the account may include appropriations, revenues generated by the surcharge imposed in RCW 62A.9A-525, federal funds, and any other gifts or grants. Expenditures from the account may be used only to support the activities of the financial fraud and identity theft crime investigation and prosecution task forces and the program administrative expenses of the department, which may not exceed ten percent of the amount appropriated.
(4) For purposes of this section, "financial fraud and identity theft crimes" includes those that involve: Check fraud, chronic unlawful issuance of bank checks, embezzlement, credit/debit card fraud, identity theft, forgery, counterfeit instruments such as checks or documents, organized counterfeit check rings, and organized identification theft rings.
(5) This section expires July 1, 2030.
[
2020 c 60 s 1
;
2015 c 65 s 1
;
2009 c 565 s 16
;
2008 c 290 s 1
.]
NOTES:
Effective date
—
2015 c 65:
"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." [
2015 c 65 s 5
.]
RCW 43.330.320
Obtaining energy efficiency services
—
Awarding grants to financial institutions
—
Credit enhancements.
(1) The department must: (a) Establish a process to award grants on a competitive basis to provide grants to financial institutions for the purpose of creating credit enhancements, such as loan loss reserve funds as specified in RCW 43.330.330
and
43.330.350, and consumer financial products and services that will be used to obtain energy efficiency services; and (b) develop criteria, in consultation with the department of financial institutions, regarding the extent to which funds will be provided for the purposes of credit enhancements and set forth principles for accountability for financial institutions receiving funding for credit enhancements.
(2) The department must:
(a) Give priority to financial institutions that provide both consumer financial products or services and direct outreach;
(b) Approve any financing mechanisms offered by local municipalities under RCW 43.330.350
; and
(c) Require any financial institution or other entity receiving funding for credit enhancements to:
(i) Provide books, accounts, and other records in such a form and manner as the department may require;
(ii) Provide an estimate of projected loan losses; and
(iii) Provide the financial institution's plan to manage loan loss risks, including the rationale for sizing a loan loss reserve and the use of other credit enhancements, as applicable.
[
2009 c 379 s 205
.]
NOTES:
Finding
—
Intent
—
Effective date
—
2009 c 379:
See notes following RCW 70A.50.010
.
RCW 43.330.330
Funding energy efficiency improvements
—
Risk reduction mechanisms
—
Legislative intent.
(1) The legislature finds that the creation and use of risk reduction mechanisms will promote greater involvement of local financial institutions and other financing mechanisms in funding energy efficiency improvements and will achieve greater leverage of state and federal dollars. Risk reduction mechanisms will allow financial institutions to lend to a broader pool of applicants on more attractive terms, such as potentially lower rates and longer loan terms. Placing a portion of funds in long-term risk reduction mechanisms will support a sustained level of energy efficiency investment by financial institutions while providing funding to projects quickly.
(2) It is the intent of the legislature to leverage new federal funding aimed at promoting energy efficiency projects, improving energy efficiency, and increasing family-wage jobs. To this end, the legislature intends to invest a portion of all federal funding, subject to federal requirements, for energy efficiency projects in financial mechanisms that will provide for maximum leverage of financing.
[
2009 c 379 s 206
.]
NOTES:
Finding
—
Intent
—
Effective date
—
2009 c 379:
See notes following RCW 70A.50.010
.
RCW 43.330.340
Appliance efficiency rebate program.
The department may create an appliance efficiency rebate program with available funds from the energy efficient appliances rebate program authorized under the federal energy policy act of 2005 (P.L. 109-58).
[
2009 c 379 s 207
.]
NOTES:
Finding
—
Intent
—
Effective date
—
2009 c 379:
See notes following RCW 70A.50.010
.
RCW 43.330.350
Use of moneys by local municipalities to leverage financing for energy efficiency projects.
(1) Local municipalities receiving federal stimulus moneys through the federal energy efficiency and conservation block grant program or state energy program are authorized to use those funds, subject to federal requirements, to establish loan loss reserves or toward risk reduction mechanisms, such as loan loss reserves, to leverage financing for energy efficiency projects.
(2) Interest rate subsidies, financing transaction cost subsidies, capital grants to energy users, and other forms of grants and incentives that support financing energy efficiency projects are authorized uses of federal energy efficiency funding.
(3) Financing mechanisms offered by local municipalities under this section must conform to all applicable state and federal rules and regulations.
[
2009 c 379 s 208
.]
NOTES:
Finding
—
Intent
—
Effective date
—
2009 c 379:
See notes following RCW 70A.50.010
.
RCW 43.330.360
Findings
—
Involvement of state bond authorities in financing energy efficiency projects.
(1) The legislature finds that the state bond authorities have capacities that can be applied to financing energy efficiency projects for their respective eligible borrowers: Washington economic development finance authority for industry; Washington state housing finance commission for single-family and multifamily housing, commercial properties, agricultural properties, and nonprofit facilities; Washington higher education facilities authority for private, nonprofit higher education; and Washington health care facilities authority for hospitals and all types of health clinics.
(2)(a) Subject to federal requirements, the state bond authorities may accept and administer an allocation of the state's share of the federal energy efficiency funding for designing energy efficiency finance loan products and for developing and operating energy efficiency finance programs. The state bond authorities shall coordinate with the department on the design of the bond authorities' program.
(b) The department may make allocations of the federal funding to the state bond authorities and may direct and administer funding for outreach, marketing, and delivery of energy services to support the programs by the state bond authorities.
(c) The legislature authorizes a portion of the federal energy efficiency funds to be used by the state bond authorities for credit enhancements and reserves for such programs.
(3) The Washington state housing finance commission may:
(a) Issue revenue bonds as the term "bond" is defined in RCW 43.180.020
for the purpose of financing loans for energy efficiency and renewable energy improvement projects in accordance with RCW 43.180.150
;
(b) Establish eligibility criteria for financing that will enable it to choose applicants who are likely to repay loans made or acquired by the commission and funded from the proceeds of federal funds or commission bonds; and
(c) Participate fully in federal and other governmental programs and take such actions as are necessary and consistent with chapter
43.180
RCW to secure to itself and the people of the state the benefits of programs to promote energy efficiency and renewable energy technologies.
[
2009 c 379 s 209
.]
NOTES:
Finding
—
Intent
—
Effective date
—
2009 c 379:
See notes following RCW 70A.50.010
.
RCW 43.330.365
Electric vehicle incentive account.
The electric vehicle incentive account is created in the state treasury. Revenues to the account shall consist of appropriations and transfers by the legislature and all other moneys directed for deposit into the account. Moneys in the account may only be spent after appropriation. Expenditures from the account may be used for programs and incentives that promote the purchase or conversion to alternative fuel vehicles to further state climate goals under RCW 70A.45.020
and environmental justice goals under
70A.02
RCW, including but not limited to:
(1) Income-qualified grant programs to retire vehicles and replace them with alternative fuel vehicles;
(2) Programs to provide grants for the installation of electric vehicle infrastructure to support electric vehicle adoption; and
(3) Programs to conduct research and public outreach regarding adoption of alternative fuel vehicles.
During the 2023-2025 fiscal biennium, the legislature may direct the state treasurer to transfer money in the electric vehicle incentive account to the state general fund.
[
2025 c 424 s 1908
;
2023 c 435 s 8
. Prior:
2022 c 297 s 948
.]
NOTES:
Effective date
—
2025 c 424:
See note following RCW 9.46.100
.
Effective date
—
2023 c 435:
See note following RCW 43.79.570
.
Effective date
—
2022 c 297:
See note following RCW 43.79.565
.
RCW 43.330.370
Evergreen jobs initiative.
The Washington state evergreen jobs initiative is established as a comprehensive green economy jobs growth initiative with the goals of:
(1) Creating fifteen thousand new green economy jobs by 2020, with a target of thirty percent of those jobs going to veterans, members of the national guard, and low-income and disadvantaged populations;
(2) Capturing and deploying federal funds in a focused, effective, and coordinated manner;
(3) Preparing the state's workforce to take full advantage of green economy job opportunities and to meet the recruitment and training needs of industry and small businesses;
(4) Attracting private sector investment that will create new and expand existing jobs, with an emphasis on services and products that have a high economic or environmental impact and can be exported domestically and internationally;
(5) Making Washington state a net exporter of green industry products and services, with special attention to renewable energy technology and components;
(6) Empowering local agencies and organizations to recruit green economy businesses and jobs into the state by providing state support and assistance;
(7) Capitalizing on existing partnership agreements in the Washington works plan and the Washington workforce compact; and
(8) Operating in concert with the fourteen guiding principles identified by the department in its Washington state's green economy strategic framework.
[
2009 c 536 s 2
.]
NOTES:
Short title
—
2009 c 536:
"This act may be known and cited as the evergreen jobs act." [
2009 c 536 s 15
.]
RCW 43.330.375
Evergreen jobs efforts
—
Coordination and support
—
Identification of technologies, barriers, and strategies
—
Outreach efforts
—
Performance reports.
(1) The department and the workforce board must:
(a) Coordinate efforts across the state to ensure that federal training and education funds are captured and deployed in a focused and effective manner in order to support green economy projects and accomplish the goals of the evergreen jobs initiative;
(b) Accelerate and coordinate efforts by state and local organizations to identify, apply for, and secure all sources of funds, particularly those created by the 2009 American recovery and reinvestment act, and to ensure that distributions of funding to local organizations are allocated in a manner that is time-efficient and user-friendly for the local organizations. Local organizations eligible to receive support include but are not limited to:
(i) Associate development organizations;
(ii) Workforce development councils;
(iii) Public utility districts; and
(iv) Community action agencies;
(c) Support green economy projects at both the state and local level by developing a process and a framework to provide, at a minimum:
(i) Administrative and technical assistance;
(ii) Assistance with and expediting of permit processes; and
(iii) Priority consideration of opportunities leading to exportable green economy goods and services, including renewable energy technology;
(d) Coordinate local and state implementation of projects using federal funds to ensure implementation is time-efficient and user-friendly for local organizations;
(e) Emphasize through both support and outreach efforts, projects that:
(i) Have a strong and lasting economic or environmental impact;
(ii) Lead to a domestically or internationally exportable good or service, including renewable energy technology;
(iii) Create training programs leading to a credential, certificate, or degree in a green economy field;
(iv) Strengthen the state's competitiveness in a particular sector or cluster of the green economy;
(v) Create employment opportunities for veterans, members of the national guard, and low-income and disadvantaged populations;
(vi) Comply with prevailing wage provisions of chapter
39.12
RCW;
(vii) Ensure at least fifteen percent of labor hours are performed by apprentices;
(f) Identify emerging technologies and innovations that are likely to contribute to advancements in the green economy, including the activities in designated innovation partnership zones established in RCW 43.330.270
;
(g) Identify barriers to the growth of green jobs in traditional industries such as the forest products industry;
(h) Identify statewide performance metrics for projects receiving agency assistance. Such metrics may include:
(i) The number of new green jobs created each year, their wage levels, and, to the extent determinable, the percentage of new green jobs filled by veterans, members of the national guard, and low-income and disadvantaged populations;
(ii) The total amount of new federal funding secured, the respective amounts allocated to the state and local levels, and the timeliness of deployment of new funding by state agencies to the local level;
(iii) The timeliness of state deployment of funds and support to local organizations; and
(iv) If available, the completion rates, time to completion, and training-related placement rates for green economy postsecondary training programs;
(i) Identify strategies to allocate existing and new funding streams for green economy workforce training programs and education to emphasize those leading to a credential, certificate, or degree in a green economy field;
(j) Identify and implement strategies to allocate existing and new funding streams for workforce development councils and associate development organizations to increase their effectiveness and efficiency and increase local capacity to respond rapidly and comprehensively to opportunities to attract green jobs to local communities;
(k) Develop targeting criteria for existing investments that are consistent with the goals of this section and RCW *
28C.18.170, 28B.50.281, and
49.04.200
; and
(l) Make and support outreach efforts so that residents of Washington, particularly members of target populations, become aware of educational and employment opportunities identified and funded through the evergreen jobs act.
(2) The department and the workforce board must provide semiannual performance reports to the governor and appropriate committees of the legislature on:
(a) Actual statewide performance based on the performance measures identified in subsection (1)(h) of this section;
(b) How the state is emphasizing and supporting projects that lead to a domestically or internationally exportable good or service, including renewable energy technology;
(c) A list of projects supported, created, or funded in furtherance of the goals of the evergreen jobs initiative and the actions taken by state and local organizations, including the effectiveness of state agency support provided to local organizations as directed in subsection (1)(b) and (c) of this section;
(d) Recommendations for new or expanded financial incentives and comprehensive strategies to:
(i) Recruit, retain, and expand green economy industries and small businesses; and
(ii) Stimulate research and development of green technology and innovation, which may include designating innovation partnership zones linked to the green economy;
(e) Any information that associate development organizations and workforce development councils choose to provide to appropriate legislative committees regarding the effectiveness, timeliness, and coordination of support provided by state agencies under this section and RCW *
28C.18.170, 28B.50.281, and
49.04.200
; and
(f) Any recommended statutory changes necessary to increase the effectiveness of the evergreen jobs initiative and state responsiveness to local agencies and organizations.
(3) The definitions, designations, and results of the employment security department's broader labor market research under RCW 43.330.010
shall inform the planning and strategic direction of the department, the state workforce training and education coordinating board, the state board for community and technical colleges, and the student achievement council.
[
2014 c 112 s 118
;
2012 c 229 s 591
;
2010 c 187 s 3
;
2009 c 536 s 4
.]
NOTES:
*Reviser's note:
RCW 28C.18.170
was repealed by
2023 c 231 s 8
.
Effective date
—
2012 c 229 ss 101, 117, 401, 402, 501 through 594, 601 through 609, 701 through 708, 801 through 821, 902, and 904:
See note following RCW 28B.77.005
.
Findings
—
2010 c 187:
"(1) The legislature finds that:
(a) Washington's forest products industry plays a critical economic and environmental role in the state. The industry provides a wide range of services and goods both to Washingtonians and people around the world and is vital to the well-being and lifestyle of the people of the state of Washington; and
(b) It is in the best interest of the state to support and enhance the forest products industry.
(2) The legislature further finds that the state's forest practices are sustainably managed according to some of the most stringent riparian growing and harvest rules of any state in the nation or in the world, and that the state of Washington has received fifty-year assurances from the federal government that the state's forest practices satisfy the requirements of the federal endangered species act for aquatic species. As part of their environmental stewardship, forestland owners in Washington have repaired or removed nearly three thousand fish passage barriers, returned nearly twenty-five hundred miles of forest roads to their natural condition, and opened up nearly fifteen hundred miles of riparian salmonid habitat.
(3) The legislature further finds that Washington's forests naturally create habitat for fish and wildlife, clean water, and carbon storage; all environmental benefits that are lost when land is converted out of working forestry into another use. In recognition of forestry's benefits, the international panel on climate change has reported that a sustainable forest management strategy aimed at maintaining or increasing forest carbon stocks, while producing an annual sustained yield of timber, fiber, wood products, or energy from the forest, will generate the largest sustained carbon mitigation benefit.
(4) The legislature further finds that the forest products industry is a seventeen billion dollar industry, making it Washington's second largest manufacturing industry. The forest products industry alone provides nearly forty-five thousand direct jobs and one hundred sixty-two thousand indirect jobs, many located in rural areas.
(5) The legislature further finds that working forests help generate wealth through recreation and tourism, the retention and creation of green jobs, and through the production of wood products and energy, a finding supported by the United States secretary of agriculture." [
2010 c 187 s 1
.]
Short title
—
2009 c 536:
See note following RCW 43.330.370
.
RCW 43.330.400
Federal broadband account.
(1) The federal broadband account is created in the state treasury. All receipts from funds received from legislative appropriation or transfer, federal funding, and moneys directed to the account from any other lawful source, must be deposited in the account. Moneys in the account may be spent only after appropriation. Expenditures from the account may be used only for broadband activities authorized under federal law and for nonfederal match requirements.
(2) Federal funding received by the department from the broadband equity, access, and deployment state grants program in section 60102 of P.L. 117-58 (the infrastructure investment and jobs act) or a substantially similar successor federal program, must be deposited into the account for broadband activities and must be used in accordance with any federal requirements and, subject to those requirements, may be distributed by the department on a competitive basis to other entities in the state.
[
2025 c 399 s 6
;
2011 1st sp.s. c 43 s 603
;
2009 c 509 s 2
. Formerly RCW 43.105.370
.]
NOTES:
Effective dates
—
2025 c 399 ss 1-13, 15, and 17:
See note following RCW 72.09.092
.
Effective date
—
Purpose
—
2011 1st sp.s. c 43:
See notes following RCW 43.19.003
.
Findings
—
Intent
—
Purpose
—
2009 c 509:
"(1) The legislature finds that the deployment and adoption of high-speed internet services and technology advancements enhance economic development and public safety for the state's communities. Such deployment also offers improved health care, access to consumer and legal services, increased educational and civic participation opportunities, and a better quality of life for the state's residents. The legislature further finds that improvements in the deployment and adoption of high-speed internet services and the strategic inclusion of technology advancements and technology education are critical to ensuring that Washington remains competitive and continues to provide a skilled workforce, attract businesses, and stimulate job growth.
(2) The legislature intends to support strategic partnerships of public, private, nonprofit, and community-based sectors in the continued growth and development of high-speed internet services and information technology. The legislature further intends to ensure that all Washington citizens, businesses, schools, and organizations are able to obtain and utilize broadband fully, regardless of location, economic status, literacy level, age, disability, structure, or size. In addition, the legislature intends that a statewide assessment of the availability, location, service levels, and other characteristics of high-speed internet services and other advanced telecommunications services in the state be conducted.
(3) In recognition of the importance of broadband deployment and adoption to the economy, health, safety, and welfare of the people of Washington, it is the purpose of this act to make high-speed internet service more readily available throughout the state, especially in areas and for populations with a low utilization rate." [
2009 c 509 s 1
.]
Effective date
—
2009 c 509:
"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, 2009." [
2009 c 509 s 16
.]
RCW 43.330.403
Reporting availability of high-speed internet
—
Survey of high-speed internet infrastructure owned or leased by state agencies
—
Geographic information system map
—
Rules.
(1) Subject to the availability of federal or state funding, the department may:
(a) Develop an interactive website to allow residents to self-report whether high-speed internet is available at their home or residence and at what speed; and
(b) Conduct a detailed survey of all high-speed internet infrastructure owned or leased by state agencies and create a geographic information system map of all high-speed internet infrastructure owned or leased by the state.
(2) State agencies responding to a survey request from the department under subsection (1)(b) of this section shall respond in a reasonable and timely manner, not to exceed one hundred twenty days. The department shall request of state agencies, at a minimum:
(a) The total bandwidth of high-speed internet infrastructure owned or leased;
(b) The cost of maintaining that high-speed internet infrastructure, if owned, or the price paid for the high-speed internet infrastructure, if leased; and
(c) The leasing entity, if applicable.
(3) The department may adopt rules as necessary to carry out the provisions of this section.
(4) For purposes of this section, "state agency" includes every state office, department, division, bureau, board, commission, or other state agency.
[
2011 1st sp.s. c 43 s 604
;
2009 c 509 s 3
. Formerly RCW 43.105.372
.]
NOTES:
Effective date
—
Purpose
—
2011 1st sp.s. c 43:
See notes following RCW 43.19.003
.
Findings
—
Intent
—
Purpose
—
Effective date
—
2009 c 509:
See notes following RCW 43.330.400
.
RCW 43.330.406
Procurement of geographic information system map
—
Accountability and oversight structure
—
Application of public records act.
(1) The department is authorized, through a competitive bidding process, to procure on behalf of the state a geographic information system map detailing high-speed internet infrastructure, service availability, and adoption. This geographic information system map may include adoption information, availability information, type of high-speed internet deployment technology, and available speed tiers for high-speed internet based on any publicly available data.
(2) The department may procure this map either by:
(a) Contracting for and purchasing a completed map or updates to a map from a third party; or
(b) Working directly with the federal communications commission to accept publicly available data.
(3) The department shall establish an accountability and oversight structure to ensure that there is transparency in the bidding and contracting process and full financial and technical accountability for any information or actions taken by a third-party contractor creating this map.
(4) In contracting for purchase of the map or updates to a map in subsection (2)(a) of this section, the department may take no action, nor impose any condition on the third party, that causes any record submitted by a public or private broadband service provider to the third party to meet the standard of a public record as defined in RCW 42.56.010
. This prohibition does not apply to any records delivered to the department by the third party as a component of the map. For the purpose of RCW 42.56.010
(3), the purchase by the department of a completed map or updates to a map may not be deemed use or ownership by the department of the underlying information used by the third party to complete the map.
(5) Data or information that is publicly available as of July 1, 2009, will not cease to be publicly available due to any provision of chapter 509, Laws of 2009.
[
2011 1st sp.s. c 43 s 605
;
2009 c 509 s 4
. Formerly RCW 43.105.374
.]
NOTES:
Effective date
—
Purpose
—
2011 1st sp.s. c 43:
See notes following RCW 43.19.003
.
Findings
—
Intent
—
Purpose
—
Effective date
—
2009 c 509:
See notes following RCW 43.330.400
.
RCW 43.330.409
Broadband mapping, deployment, and adoption
—
Reports.
(1) The department, in coordination with the utilities and transportation commission, and such advisors as the department chooses, may prepare regular reports that identify the following:
(a) The geographic areas of greatest priority for the deployment of advanced telecommunications infrastructure in the state;
(b) A detailed explanation of how any amount of funding received from the federal government for the purposes of broadband mapping, deployment, and adoption will be or have been used; and
(c) A determination of how nonfederal sources may be utilized to achieve the purposes of broadband mapping, deployment, and adoption activities in the state.
(2) To the greatest extent possible, the initial report should be based upon the information identified in the geographic system maps developed under the requirements of this chapter.
(3) The initial report should be delivered to the appropriate committees of the legislature as soon as feasible, but no later than January 18, 2010.
(4) Any future reports prepared by the department based upon the requirements of subsection (1) of this section should be delivered to the appropriate committees of the legislature by January 15th of each year.
[
2011 1st sp.s. c 43 s 606
;
2009 c 509 s 5
. Formerly RCW 43.105.376
.]
NOTES:
Effective date
—
Purpose
—
2011 1st sp.s. c 43:
See notes following RCW 43.19.003
.
Findings
—
Intent
—
Purpose
—
Effective date
—
2009 c 509:
See notes following RCW 43.330.400
.
RCW 43.330.412
Digital equity opportunity program
—
Administration
—
Grant program.
The digital equity opportunity program is created to advance broadband adoption and digital equity and inclusion throughout the state. The digital equity opportunity program must be administered by the department. The department may contract for services in order to carry out the department's obligations under this section.
(1) In implementing the digital equity opportunity program the director must, to the extent funds are appropriated for this purpose:
(a) Provide organizational and capacity building support to digital equity programs throughout the state and additional support for the purpose of:
(i) Evaluating the impact and efficacy of activities supported by grants awarded under the covered programs; and
(ii) Developing, cataloging, disseminating, and promoting the exchange of best practices, with respect to and independent of the covered programs, in order to achieve digital equity. After July 1, 2024, no more than 15 percent of funds received by the director for the program may be expended on these functions;
(b) Establish a competitive grant program and provide grants to community technology programs to advance digital equity and digital inclusion by providing:
(i) Training and skill-building opportunities;
(ii) Access to hardware and software, including online service costs such as application and software;
(iii) Internet connectivity;
(iv) Digital media literacy and cybersecurity training;
(v) Assistance in the adoption of information and communication technologies for low-income and underserved populations of the state;
(vi) Development of locally relevant content and delivery of vital services through technology; and
(vii) Technical support;
(c) Collaborate with broadband stakeholders, including broadband action teams across the state, in implementing the program as provided under this subsection; and
(d) For the purposes of this section, include wireless meshed network technology.
(2) Grant applicants must:
(a) Provide evidence that the applicant is a nonprofit entity or a public entity that is working in partnership with a nonprofit entity;
(b) Define the geographic area or population to be served;
(c) Include in the application the results of a needs assessment addressing, in the geographic area or among the population to be served: The impact of inadequacies in technology access or knowledge, barriers faced, and services needed;
(d) Explain in detail the strategy for addressing the needs identified and an implementation plan including objectives, tasks, and benchmarks for the applicant and the role that other organizations will play in assisting the applicant's efforts;
(e) Provide evidence that funds applied for, if received, will be used to provide effective delivery of community technology services in alignment with the goals of this program and to increase the applicant's level of effort beyond the current level; and
(f) Comply with such other requirements as the director establishes.
(3) The digital equity forum shall review grant applications and provide input to the director regarding the prioritization of applications in awarding grants among eligible applicants under the program.
(4) In awarding grants under the digital equity opportunity program created in this section, the director must:
(a) Consider the input provided by the digital equity forum, as provided in subsection (3) of this section, in awarding grants; and
(b) Consider the extent to which the mix of grants awarded would increase in the number of prekindergarten through 12th grade students gaining access to greater levels of digital inclusion as a factor in awarding grants.
(5) The director may use no more than 10 percent of funds received for the digital equity opportunity program to cover administrative expenses.
(6) The director must establish expected program outcomes for each grant recipient and must require grant recipients to provide an annual accounting of program outcomes.
[
2022 c 265 s 304
;
2011 1st sp.s. c 43 s 607
;
2009 c 509 s 6
;
2008 c 262 s 6
. Formerly RCW 43.105.380, 28B.32.010
.]
NOTES:
Effective date
—
2022 c 265 ss 101, 102, 301-305, and 401:
See note following RCW 43.330.530
.
Short title
—
Findings
—
Intent
—
2022 c 265:
See notes following RCW 43.330.539
.
Effective date
—
Purpose
—
2011 1st sp.s. c 43:
See notes following RCW 43.19.003
.
Findings
—
Intent
—
Purpose
—
Effective date
—
2009 c 509:
See notes following RCW 43.330.400
.
RCW 43.330.421
Advisory group on digital inclusion and technology planning.
Subject to the availability of federal or state funding, the department may convene an advisory group on digital inclusion and technology planning. The advisory group may include, but is not limited to, volunteer representatives from community technology organizations, telecommunications providers, higher education institutions, K-12 education institutions, public health institutions, public housing entities, and local government and other governmental entities that are engaged in community technology activities.
[
2011 1st sp.s. c 43 s 610
;
2009 c 509 s 10
. Formerly RCW 43.105.400
.]
NOTES:
Effective date
—
Purpose
—
2011 1st sp.s. c 43:
See notes following RCW 43.19.003
.
Findings
—
Intent
—
Purpose
—
Effective date
—
2009 c 509:
See notes following RCW 43.330.400
.
RCW 43.330.425
Advisory committee on permanent supportive housing.
(1) An advisory committee on permanent supportive housing is established with members as provided in this section.
(a) One representative of the aging and long-term support administration at the department of social and health services;
(b) One representative of the health care authority;
(c) One representative of the developmental disabilities administration;
(d) One representative from a city that invests resources in permanent supportive housing;
(e) One representative from a city with the largest number of chronically homeless households;
(f) One representative from a county that invests resources in permanent supportive housing;
(g) One representative from a county with the largest number of chronically homeless households;
(h) One representative of public housing authorities as created under chapter
35.82
RCW;
(i) One permanent supportive housing service provider;
(j) One permanent supportive housing developer;
(k) One permanent supportive housing building operator;
(l) One permanent supportive housing resident;
(m) One permanent supportive housing researcher;
(n) One permanent supportive housing advocate;
(o) One representative from the behavioral health sector;
(p) One representative of the health care sector; and
(q) One representative of each of the following permanent supportive housing populations:
(i) Single adults;
(ii) Older adults over age 55;
(iii) Families with children;
(iv) The American Indian and Alaska Native community;
(v) Communities of color;
(vi) The LGBTQIA+ community;
(vii) The intellectual and developmental disability community;
(viii) The mental health disability community;
(ix) The substance use disorder community; and
(x) The physical disability community.
(2)(a) The members of the advisory committee shall be appointed by the director. Members must reflect the geographic, racial, and ethnic diversity of the state of Washington and be inclusive of historically marginalized communities.
(b) The members of the advisory committee must be reimbursed for travel expenses as provided in RCW 43.03.050
and
43.03.060
.
(3) The advisory committee shall:
(a) Select a chair from among its membership;
(b) Meet quarterly;
(c) Provide guidance and recommendations on the administration of permanent supportive housing resources managed by the department, including recommendations to ensure alignment of capital, services, and operating investments and fidelity with the provision of permanent supportive housing as defined in RCW 36.70A.030
; and
(d) Until December 31, 2027, report its recommendations to enhance the coordination and availability of permanent supportive housing to the appropriate committees of the legislature and the governor by December 1st of each year.
(4) The director and the director of the office of supportive housing shall regularly consult with the advisory committee. The department shall convene the advisory committee for its initial meeting no later than November 1, 2022. The advisory committee shall be staffed by the department.
[
2022 c 266 s 2
.]
NOTES:
Findings
—
Intent
—
2022 c 266:
"The legislature recognizes permanent supportive housing as an evidence-based practice to ending the cycle of chronic homelessness and creating affordable housing for people living with behavioral health conditions, other disabling conditions, and extremely low incomes. The legislature finds that as greater investment has been allocated for permanent supportive housing capital, operations, maintenance, and services in order to meet the need in communities across the state, greater coordination of state and local resources is required to ensure these resources are being leveraged effectively so that the maximum number of high quality permanent supportive housing units are created each year. Therefore, the legislature intends to create a permanent supportive housing advisory committee to provide advice, recommendations, and stakeholder engagement of resource coordination to bring high quality permanent supportive housing to scale as efficiently as possible and to add a permanent supportive housing representative to the affordable housing advisory board." [
2022 c 266 s 1
.]
RCW 43.330.430
Developmental disabilities endowment
—
Definitions.
The definitions in this section apply throughout RCW 43.330.431
through
43.330.436
.
(1) "Developmental disability" has the meaning in RCW 71A.10.020
(6).
(2) "Developmental disabilities endowment trust fund" means the fund established in the custody of the state treasurer in RCW 43.330.431, comprised of private, public, or private and public sources, to finance services for persons with developmental disabilities. All moneys in the fund, all property and rights purchased from the fund, and all income attributable to the fund, shall be held in trust by the state investment board, as provided in RCW 43.33A.030, for the exclusive benefit of fund beneficiaries. The principal and interest of the endowment fund must be maintained until such time as the governing board policy specifies except for the costs and expenses of the state treasurer and the state investment board otherwise provided for in chapter 120, Laws of 2000.
(3) "Governing board" means the developmental disabilities endowment governing board in RCW 43.330.432
.
(4) "Individual trust account" means accounts established within the endowment trust fund for each individual named beneficiary for the benefit of whom contributions have been made to the fund. The money in each of the individual accounts is held in trust as provided for in subsection (2) of this section, and shall not be considered state funds or revenues of the state. The governing board serves as administrator, manager, and recordkeeper for the individual trust accounts for the benefit of the individual beneficiaries. The policies governing the disbursements, and the qualifying services for the trust accounts, shall be established by the governing board. Individual trust accounts are separate accounts within the developmental disabilities endowment trust fund, and are invested for the beneficiaries through the endowment trust fund.
[
2025 c 58 s 2026
;
2000 c 120 s 2
. Formerly RCW 43.70.730, 43.330.195
.]
NOTES:
Explanatory note
—
2025 c 58:
See note following RCW 1.16.050
.
RCW 43.330.431
Developmental disabilities endowment
—
Trust fund.
(1) The developmental disabilities endowment trust fund is created in the custody of the state treasurer. Expenditures from the fund may be used only for the purposes of the developmental disabilities endowment established under this chapter, except for expenses of the state investment board and the state treasurer as specified in subsection (2) of this section. Only the developmental disabilities endowment governing board or the board's designee may authorize expenditures from the fund. The fund shall retain its interest earnings in accordance with RCW 43.79A.040
.
(2) The developmental disabilities endowment governing board shall deposit in the fund all money received for the program, including state appropriations and private contributions. With the exception of investment and operating costs associated with the investment of money by the investment board paid under RCW 43.33A.160
and
43.84.160
and the expenses and operating costs of the state treasurer paid under RCW 43.08.190
and
43.79A.040, the fund shall be credited with all investment income earned by the fund. Disbursements from the fund are exempt from appropriations and the allotment provisions of chapter
43.88
RCW. However, money used for program administration by the department or the governing board is subject to the allotment and budgetary controls of chapter
43.88
RCW, and an appropriation is required for these expenditures.
[
2000 c 120 s 3
;
1999 c 384 s 2
. Formerly RCW 43.70.731, 43.330.200
.]
NOTES:
Intent
—
1999 c 384:
"The legislature recognizes that the main and most enduring support for persons with developmental disabilities, along with public resources, is their immediate and extended families. The legislature recognizes that these families are searching for ways to provide for the long-term continuing care of their disabled family member when the family can no longer provide that care. It is the intent of the legislature to encourage and assist families to engage in long-range financial planning and to contribute to the lifetime care of their disabled family member. To further these objectives, this chapter is enacted to finance lifetime services and supports for persons with developmental disabilities through an endowment funded jointly by the investment of public funds and dedicated family contributions.
The establishment of this endowment is not intended to diminish the state's responsibility for funding services currently available to future endowment participants, subject to available funding, nor is it the intent of the legislature, by the creation of this public/private endowment, to impose additional, unintended financial liabilities on the public." [
2000 c 120 s 1
;
1999 c 384 s 1
.]
Captions not law
—
1999 c 384:
"Captions used in this chapter are not any part of the law." [
1999 c 384 s 9
.]
RCW 43.330.432
Developmental disabilities endowment
—
Authority of state investment board
—
Authority of governing board.
(1) The state investment board has the full power to invest, reinvest, manage, contract, sell, or exchange investment money in the developmental disabilities endowment trust fund. All investment and operating costs associated with the investment of money shall be paid under RCW 43.33A.160
and
43.84.160
. With the exception of these expenses, the earnings from the investment of the money shall be retained by the fund.
(2) All investments made by the state investment board shall be made with the exercise of that degree of judgment and care under RCW 43.33A.140
and the investment policy established by the state investment board.
(3) As deemed appropriate by the investment board, money in the fund may be commingled for investment with other funds subject to investment by the board.
(4) The authority to establish all policies relating to the fund, other than the investment policies as set forth in subsections (1) through (3) of this section, resides with the governing board acting in accordance with the principles set forth in *RCW 43.330.220
. With the exception of expenses of the state treasurer in *RCW 43.330.200
and the investment board set forth in subsection (1) of this section, disbursements from the fund shall be made only on the authorization of the governing board or the board's designee, and money in the fund may be spent only for the purposes of the developmental disabilities endowment program as specified in this chapter.
(5) The investment board shall routinely consult and communicate with the governing board on the investment policy, earnings of the trust, and related needs of the program.
[
2000 c 120 s 4
. Formerly RCW 43.70.732, 43.330.205
.]
NOTES:
*Reviser's note:
RCW 43.330.220
and
43.330.200
were recodified as RCW 43.70.734
and
43.70.731, respectively, pursuant to
2010 c 271 s 203
. RCW 43.70.734
and
43.70.731
were subsequently recodified as RCW 43.330.434
and
43.330.431, respectively, pursuant to
2012 c 197 s 4
.
RCW 43.330.433
Developmental disabilities endowment
—
Governing board
—
Liability of governing board and state investment board.
The developmental disabilities endowment governing board is established to design and administer the developmental disabilities endowment. To the extent funds are appropriated for this purpose, the director of the department shall provide staff and administrative support to the governing board.
(1) The governing board shall consist of seven members as follows:
(a) Three of the members, who shall be appointed by the governor, shall be persons who have demonstrated expertise and leadership in areas such as finance, actuarial science, management, business, or public policy.
(b) Three members of the board, who shall be appointed by the governor, shall be persons who have demonstrated expertise and leadership in areas such as business, developmental disabilities service design, management, or public policy, and shall be family members of persons with developmental disabilities.
(c) The seventh member of the board, who shall serve as chair of the board, shall be appointed by the remaining six members of the board.
(2) Members of the board shall serve terms of four years and may be appointed for successive terms of four years at the discretion of the appointing authority. However, the governor may stagger the terms of the initial six members of the board so that approximately one-fourth of the members' terms expire each year.
(3) Members of the board shall be compensated for their service under RCW 43.03.240
and shall be reimbursed for travel expenses as provided in RCW 43.03.050
and
43.03.060
.
(4) The board shall meet periodically as specified by the call of the chair, or a majority of the board.
(5) Members of the governing board and the state investment board shall not be considered an insurer of the funds or assets of the endowment trust fund or the individual trust accounts. Neither of these two boards or their members shall be liable for the action or inaction of the other.
(6) Members of the governing board and the state investment board are not liable to the state, to the fund, or to any other person as a result of their activities as members, whether ministerial or discretionary, except for willful dishonesty or intentional violations of law. The department and the state investment board, respectively, may purchase liability insurance for members.
[
2012 c 197 s 1
;
2010 c 271 s 201
;
2009 c 565 s 11
;
2000 c 120 s 5
;
1999 c 384 s 4
. Formerly RCW 43.70.733, 43.330.210
.]
NOTES:
Purpose
—
Effective date
—
2010 c 271:
See notes following RCW 43.330.005
.
Intent
—
Captions not law
—
1999 c 384:
See notes following RCW 43.330.431
.
RCW 43.330.434
Developmental disabilities endowment
—
Endowment principles.
The design, implementation, and administration of the developmental disabilities endowment shall be governed by the following principles:
(1) The design and operation of the endowment should reward families who set aside resources for their child's future care and provide incentives for continued caregiving by the family.
(2) The endowment should encourage financial planning and reward caregiving by a broad range of families, not just those who have substantial financial resources.
(3) Families should not feel compelled to contribute to the endowment in order to meet the needs of continuing care for their child.
(4) All families should have equal access to developmental disabilities services not funded through the endowment regardless of whether they contribute to the endowment.
(5) Services funded through the endowment should be stable, ongoing, of reasonable quality, and respectful of individual and family preferences.
(6) Endowment resources should be expended economically in order to benefit as many families as possible.
(7) Endowment resources should be managed prudently so that families can be confident that their agreement with the endowment on behalf of their child will be honored.
(8) The private financial contribution on behalf of each person receiving services from the endowment shall be at least equal to the state's contribution to the endowment.
(9) In order to be matched with funding from the state's contribution to the endowment, the private contribution on behalf of a beneficiary must be sufficient to support the beneficiary's approved service plan for a significant portion of the beneficiary's anticipated remaining lifetime.
(10) The rate that state appropriations to the endowment are used to match private contributions shall be such that each legislative appropriation to the developmental disabilities endowment trust fund, including principal and investment income, is not depleted in a period of less than five years.
(11) Private contributions made on behalf of a particular individual, and the associated state match, shall only be used for services provided upon that person's behalf.
(12) State funds contributed to the developmental disabilities endowment trust fund are to support the individual trust accounts established by individual private contributions made by families or other interested persons for named individual beneficiaries.
(13) The governing board shall explore methods to solicit private donations. The governing board shall explore mechanisms to support individuals with developmental disabilities who do not have individual private contributions made on their behalf. The governing board shall establish policies for the use of any private donations.
(14) Types of services funded by money managed through the developmental disabilities endowment trust fund shall be approved by the governing board or its designee.
[
2000 c 120 s 6
;
1999 c 384 s 5
. Formerly RCW 43.70.734, 43.330.220
.]
NOTES:
Intent
—
Captions not law
—
1999 c 384:
See notes following RCW 43.330.431
.
RCW 43.330.435
Developmental disabilities endowment
—
Development of operating plan
—
Elements.
To the extent funds are appropriated for this purpose, the governing board shall contract with an appropriate organization for the development of a proposed operating plan for the developmental disabilities endowment program. The proposed operating plan shall be consistent with the endowment principles specified in RCW 43.330.434
. The plan shall address at least the following elements:
(1) The recommended types of services to be available through the endowment program and their projected average costs per beneficiary;
(2) An assessment of the number of people likely to apply for participation in the endowment under alternative rates of matching funds, minimum service year requirements, and contribution timing approaches;
(3) An actuarial analysis of the number of beneficiaries with disabilities who are likely to be supported under alternative levels of public contribution to the endowment, and the length of time the beneficiaries are likely to be served, under alternative rates of matching funds, minimum service year requirements, and contribution timing approaches;
(4) Recommended eligibility criteria for participation in the endowment program;
(5) Recommended policies regarding withdrawal of private contributions from the endowment in cases of movement out of state, death of the beneficiary, or other circumstances;
(6) Recommended matching rate of public and private contributions and, for each beneficiary, the maximum annual and lifetime amount of private contributions eligible for public matching funds;
(7) The recommended minimum years of service on behalf of a beneficiary that must be supported by private contributions in order for the contributions to qualify for public matching funds from the endowment;
(8) The recommended schedule according to which lump sum or periodic private contributions should be made to the endowment in order to qualify for public matching funds;
(9) A recommended program for educating families about the endowment, and about planning for their child's long-term future; and
(10) Recommended criteria and procedure for selecting an organization or organizations to administer the developmental disabilities endowment program, and projected administrative costs.
[
2025 c 58 s 2027
;
2000 c 120 s 7
. Formerly RCW 43.70.735, 43.330.225
.]
NOTES:
Explanatory note
—
2025 c 58:
See note following RCW 1.16.050
.
RCW 43.330.436
Developmental disabilities endowment
—
Program implementation and administration.
Based on the proposed operating plan under *RCW 43.330.225, and to the extent funds are appropriated for this purpose, the developmental disabilities endowment governing board shall implement and administer, or contract for the administration of, the developmental disabilities endowment program under the principles specified in *RCW 43.330.220
. By December 1, 2000, and prior to implementation, the final program design shall be submitted to the appropriate committees of the legislature.
The secretary of the department of social and health services shall seek to maximize federal reimbursement and matching funds for expenditures made under the endowment program, and shall seek waivers from federal requirements as necessary for the receipt of federal funds.
The governing board may receive 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 endowment program and may expend the gifts, grants, and endowments according to their terms.
[
2000 c 120 s 8
;
1999 c 384 s 7
. Formerly RCW 43.70.736, 43.330.230
.]
NOTES:
*Reviser's note:
RCW 43.330.225
and
43.330.220
were recodified as RCW 43.70.735
and
43.70.734, respectively, pursuant to
2010 c 271 s 203
. RCW 43.70.735
and
43.70.734
were subsequently recodified as RCW 43.330.435
and
43.330.434, respectively, pursuant to
2012 c 197 s 4
.
Intent
—
Captions not law
—
1999 c 384:
See notes following RCW 43.330.431
.
RCW 43.330.437
Developmental disabilities endowment
—
Rules.
The department shall adopt rules for the implementation of policies established by the governing board in *RCW 43.70.731
through
43.70.736
. Such rules will be consistent with those statutes and chapter
34.05
RCW.
[
2010 c 271 s 202
;
2009 c 565 s 12
;
2000 c 120 s 9
. Formerly RCW 43.70.737, 43.330.240
.]
NOTES:
*Reviser's note:
RCW 43.70.731
through
43.70.736
were recodified as RCW 43.330.431
through
43.330.436, respectively, pursuant to
2012 c 197 s 4
.
Purpose
—
Effective date
—
2010 c 271:
See notes following RCW 43.330.005
.
RCW 43.330.440
Multijurisdictional regulatory streamlining projects
—
Establishment
—
Reports.
(1) The department, in collaboration with the office of regulatory assistance and the office of accountability and performance, must conduct multijurisdictional regulatory streamlining projects that each impact a specific industry sector or subsector within a specific geographical location. Planning for an initial pilot project must begin by September 1, 2013, and the initial pilot project must be underway by December 31, 2013. One or more projects must be implemented in each subsequent calendar year through 2019.
(2) The department must establish and implement a competitive process and select a minimum of one applicant comprised of a public-private partnership for participation in each project. The initial pilot project must focus on the manufacturing sector. The department, in consultation with the economic development commission, must determine the sectors for subsequent projects. The criteria to be used to select projects must include:
(a) Evidence of strong business commitment to the project;
(b) Evidence of strong commitment by the local government jurisdictions where the project is located to allocate necessary staff to the project and to streamline laws, rules, and administrative process requirements both within their jurisdictions and collaboratively across jurisdictions;
(c) Willingness to apply lean principles and tools to streamline the business regulatory experience;
(d) Identification of a lead partner capable of providing project management and coordination of partners;
(e) Support of the stakeholders necessary to implement the project;
(f) A plan and capacity to complete the project within the time frame; and
(g) A minimum of fifty percent match must be provided from project partners. The match may be cash, in-kind, or a combination of cash and in-kind.
(3) The department is encouraged to collaborate with nonprofit industry organizations, the private sector, foundations, and other interested entities to successfully complete each project.
(4) The department must pursue opportunities for nonstate funding as the match to the fifty percent or more provided by project partners. A maximum of fifty thousand dollars of state funds may be used for a project.
(5) The department may contract with a third party for expertise and facilitation.
(6) All state agencies with regulatory requirements that impact the project's industry sector must participate.
(7) The state agencies, local jurisdictions, business partners, and other participants must jointly:
(a) Develop a project plan to conduct a cross-jurisdictional review process;
(b) Identify and review all laws, rules, and administrative processes and requirements pertaining to the selected sector;
(c) Apply specific criteria to evaluate the extent to which the laws, rules, and administrative processes and requirements provide for consistent, clear, and efficient customer experiences while continuing to maintain public health, safety, and environmental standards;
(d) Develop an implementation plan and schedule that identifies priority streamlining actions;
(e) Present their recommendations to the department for comment and endorsement; and
(f) Present their recommendations to the Washington state economic development commission for comment, endorsement, and evaluation.
(8) The department must document and distribute the streamlined laws, rules, processes, and other potentially replicable information, derived from the projects to the association of Washington cities and Washington state association of counties for distribution to their membership.
(9) The department must brief the economic development committees of the legislature by January 15, 2014, on the status of the initial pilot project, and must submit a report on the outcomes of the projects to the economic development committees of the legislature by January 15th of each calendar year, from 2015 through 2020. The department must include in the reports any streamlining recommendations identified in the projects that require statutory changes for implementation and any potentially replicable models, approaches, and tools that could be applied to other sectors and geographical areas.
[
2013 c 324 s 2
.]
NOTES:
Findings
—
Intent
—
2013 c 324:
"(1) The legislature finds that: Since 2010, the department of commerce and the office of regulatory assistance have convened and coordinated a number of cross-agency collaborative regulatory streamlining efforts focused on improving the regulatory experience for small businesses, while maintaining public health and safety; the department of commerce has established efficient and effective regulation as one of its four global priorities to support the mission to grow and improve jobs; the state auditor's office issued a regulatory performance audit in 2012 identifying many agency actions that can also improve the business community's ability to comply with regulatory requirements; and the Washington state economic development commission's 2012 comprehensive statewide strategy emphasized the need for smarter regulations in order to achieve long-term global competitiveness, prosperity, and economic opportunity for all the state's citizens.
(2) The legislature further finds that while individual agency streamlining activities result in improvements, businesses are required to interact with many state and local agencies, all with unique requirements, processes, forms, instructions, payment options, and electronic transaction capabilities. Cross-agency and cross-jurisdictional regulatory improvements are needed to meaningfully improve the overall business customer experience and ability to more easily understand and comply with requirements.
(3) Therefore, the legislature intends to authorize a business regulatory efficiency program administered by the department of commerce with the goal of providing an improved regulatory environment in Washington. By enhancing, simplifying, and better coordinating state and local regulatory processes for specific industry sectors, the amount of time it takes businesses to conduct their interactions with state government will decrease, compliance will increase, and businesses will have the opportunity to generate more revenue and create more jobs, thereby strengthening Washington's economy and overall global competitiveness." [
2013 c 324 s 1
.]
RCW 43.330.460
Washington achieving a better life experience program
—
Definitions.
The definitions in this section apply throughout RCW 43.330.462
through
43.330.468
unless the context clearly indicates otherwise.
(1) "Eligible individual" means an individual eligible for the Washington achieving a better life experience program pursuant to section 529A of the federal internal revenue code of 1986, as amended.
(2) "Governing board" means the Washington achieving a better life experience program governing board in RCW 43.330.466
.
(3) "Individual Washington achieving a better life experience program account" means an account established by or for an eligible individual and owned by the eligible individual pursuant to the Washington achieving a better life experience program. Any moneys placed in these accounts or achieving a better life experience program accounts established in other states shall not be counted as assets for purposes of state or local means-tested program eligibility or levels of state means-tested program eligibility.
(4) "Washington achieving a better life experience program" means a savings or investment program that establishes individual Washington achieving a better life experience program accounts pursuant to section 529A of the federal internal revenue code of 1986, as amended.
(5) "Washington achieving a better life experience program account" means the account created in RCW 43.330.462
(1), to be used only for purposes of Washington achieving a better life experience program administration and operation.
[
2018 c 76 s 1
;
2016 c 39 s 1
.]
RCW 43.330.462
Washington achieving a better life experience program account.
(1) The Washington achieving a better life experience program account is created in the custody of the state treasurer. Expenditures from the account may be used only for the purposes of administrative and operating expenses of the Washington achieving a better life experience program established under this chapter, except for expenses of the state investment board and the state treasurer as specified in this section.
(2) The account must be self-sustaining, include payments received from contributors to individual Washington achieving a better life experience program accounts, held in trust, and must be credited with income earned by the account, and contributions to individual Washington achieving a better life experience program accounts may be invested in self-directed investment options. All self-directed investment options must comply with section 529A of the federal internal revenue code of 1986, as amended. Disbursements from the account are exempt from appropriations and the allotment provisions of chapter
43.88
RCW. An appropriation is not required for expenditures.
(3) The assets of the account may be spent without appropriation for the purpose of making payments to individual Washington achieving a better life experience program account holders. Only the Washington achieving a better life experience governing board or the board's designee may authorize expenditures from the account.
(4) With regard to the assets of the account, the state acts in a fiduciary, not ownership, capacity. Therefore, the assets of the account are not considered state money, common cash, or revenue to the state.
[
2018 c 76 s 2
;
2016 c 39 s 2
.]
RCW 43.330.464
Washington achieving a better life experience program
—
Investment of moneys
—
Responsibility of state investment board, governing board, and investment manager.
(1) The governing board may elect to have the state investment board or investment manager invest the money in the Washington achieving a better life experience program account. If the governing board so elects, the state investment board created in RCW 43.33A.020
or the investment manager has the full power to invest, reinvest, manage, contract, sell, or exchange investment money in the Washington achieving a better life experience program account. All investment and operating costs associated with the investment of money by the state investment board must be paid pursuant to RCW 43.33A.160
and
43.84.160
. With the exception of these expenses, the earnings from the investment of the money must be retained by the account.
(2)(a) After consultation with the governing board, the state investment board or investment manager may elect to invest any self-directed accounts associated with the Washington achieving a better life experience program. The state investment board or investment manager has full authority to invest all self-directed investment moneys in accordance with this section and RCW 43.84.150
. In carrying out this authority the state investment board or investment manager, after consultation with the governing board regarding any recommendations, shall provide a set of options for eligible individuals to choose from for self-directed investment. Any self-directed investment options provided must comply with section 529A of the federal internal revenue code of 1986, as amended.
(b) All investment and operating costs of the state investment board or investment manager associated with making self-directed investments must be paid by eligible individuals and recovered under procedures agreed to by the governing board and the state investment board or investment manager consistent with the principles set forth in RCW 43.33A.160
. All other expenses caused by self-directed investments must be paid by the eligible individual in accordance with rules established by the governing board. With the exception of these expenses, all earnings from self-directed investments shall accrue to the eligible individual's Washington achieving a better life experience program account.
(c)(i) The governing board shall keep or cause to be kept full and adequate accounts and records of each eligible individual Washington achieving a better life experience program account.
(ii) The governing board shall account for and report on the investment of self-directed assets or may enter into an agreement with the recordkeepers for such accounting and reporting under this chapter.
(iii) The governing board's duties related to eligible individual Washington achieving a better life experience program accounts include conducting[,] or causing to be conducted, the activities of trade instruction, settlement activities, and direction of cash movement and related wire transfers with the custodian bank and outside investment firms.
(iv) The governing board has sole responsibility for contracting with any recordkeepers for individual Washington achieving a better life experience program accounts and shall manage the performance of recordkeepers under those contracts.
(v) The governing board has sole responsibility for contracting with outside investment firms to provide investment management for the individual Washington achieving a better life experience program accounts and shall manage the performance of investment managers under those contracts.
(d) The governing board shall designate and define the terms of engagement for the custodial banks under authority that the state treasurer shall delegate pursuant to RCW 43.08.015
with the concurrence of the office of financial management.
(3) All investments made by the state investment board must be made with the exercise of that degree of judgment and care pursuant to RCW 43.33A.140
and the investment policy established by the state investment board.
(4) As deemed appropriate by the state investment board, money in the account may be commingled for investment with other funds subject to investment by the state investment board.
(5) The authority to establish all policies relating to the account resides with the governing board acting to implement, design, and manage the Washington achieving a better life experience savings program that allows eligible individuals to create and maintain savings accounts. The moneys in the account may be spent only for the purposes of the Washington achieving a better life experience program.
(6) The investment manager shall routinely consult and communicate with the governing board on the investment policy, earnings of the account, and related needs of the program.
[
2018 c 76 s 3
;
2016 c 39 s 3
.]
RCW 43.330.466
Washington achieving a better life experience program
—
Established
—
Governing board
—
Administrative support
—
Colocation with developmental disabilities endowment governing board
—
Advisory committees
—
Interagency agreements
—
Limited liability.
The Washington achieving a better life experience program is established and the governing board is authorized to design and administer the Washington achieving a better life experience program in the best interests of eligible individuals. To the extent funds are appropriated for this purpose, the director of the department shall provide staff and administrative support to the governing board. The department shall consult with the governing board regarding the staffing and administrative support needs before selecting any staff pursuant to this section. To the extent practicable, the Washington achieving a better life experience program must be colocated with the developmental disabilities endowment governing board established under this chapter.
(1) The governing board shall consist of seven members as follows:
(a) The state treasurer or his or her designee;
(b) The program director for the committee on advanced tuition payment established in RCW 28B.95.020
;
(c) The director of the office of financial management or his or her designee; and
(d) Four members with demonstrated financial, legal, or disability program experience, appointed by the governor.
(2) The board shall select the chair of the board from among the seven board members identified in subsection (1) of this section.
(3) Members of the board who are appointed by the governor shall serve four-year terms and may be appointed for successive four-year terms at the discretion of the governor. The governor may stagger the terms of the appointed members.
(4) Members of the board must be compensated for their service under RCW 43.03.240
and must be reimbursed for travel expenses as provided in RCW 43.03.050
and
43.03.060
.
(5) The board shall meet periodically as specified by the chair, or a majority of the board, and may allow members to participate in meetings remotely.
(6) The board may appoint advisory committees to support the design or administration of the Washington achieving a better life experience program. Individuals serving on advisory committees must serve staggered terms and may be reimbursed for travel expenses as provided in RCW 43.03.050
and
43.03.060, but may not be compensated for their service.
(7) The board may execute interagency agreements that authorize other state agencies such as the committee on advanced tuition payment established in RCW 28B.95.020
to perform administrative functions necessary to carry out the Washington achieving a better life experience program.
(8) Members of the governing board and the state investment board shall not be considered an insurer of the funds or assets of the Washington achieving a better life experience program account or the individual program accounts. Neither of these two boards are liable for the action or inaction of the other.
(9) Members of the governing board and the state investment board are not liable to the state, to the fund, or to any other person as a result of their activities as members, whether ministerial or discretionary, except for willful dishonesty or intentional violations of law. The department and the state investment board may purchase liability insurance for members.
[
2016 c 39 s 4
.]
RCW 43.330.468
Washington achieving a better life experience program
—
Governing board authority.
(1) The Washington achieving a better life experience program governing board is authorized to design, administer, manage, promote, and market the Washington achieving a better life experience program. The governing board is further authorized to contract with other organizations to administer, manage, promote, or market the Washington achieving a better life experience program. This program must allow for the creation of savings or investment accounts for eligible individuals with disabilities and the funds must be invested.
(2) The governing board may consult with the office of the state treasurer, the department of social and health services, and the state investment board in implementing the Washington achieving a better life experience program. The governing board is authorized to formulate and adopt any policies and rules necessary to implement and operate the Washington achieving a better life experience program consistent with chapter 39, Laws of 2016. The governing board is further authorized to establish a reasonable fee structure for Washington achieving a better life experience program account holders.
(3) The governing board shall take any action required to keep the program in compliance with requirements of this chapter and as required to qualify as a "qualified ABLE program" as defined in section 529A of the federal internal revenue code of 1986, as amended, or any rules and regulations adopted by the secretary of the United States treasury pursuant to that act.
[
2016 c 39 s 5
.]
RCW 43.330.480
Low-income home rehabilitation revolving loan program and grant program
—
Definitions.
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
(1) "Home" means a single-family residential structure.
(2) "Home rehabilitation" means residential repairs and improvements that address health, safety, and durability issues in existing housing in rural areas.
(3) "Homeowner" means a person who owns and resides permanently in the home the person occupies.
(4) "Low-income" means persons or households with income at or below 200 percent of the federal poverty level, 80 percent of the area median income for the county in which the home receiving rehabilitation is located, or 60 percent of the state median income, whichever is greater, and adjusted for household size.
(5) "Rehabilitation agency" means any approved department grantee, tribal nation, or any public service company, municipality, public utility district, mutual or cooperative, or other entity that bears the responsibility for rehabilitating residences under this chapter and has been approved by the department.
(6) "Rural areas" means areas of Washington state defined as nonentitlement areas by the United States department of housing and urban development.
[
2023 c 380 s 1
;
2017 c 285 s 1
.]
NOTES:
Effective date
—
2023 c 380 ss 1-6:
See note following RCW 43.330.483
.
RCW 43.330.482
Low-income home rehabilitation revolving loan program
—
Terminated.
(Contingent repeal.)
(1) On July 1, 2023, the low-income home rehabilitation revolving loan program is terminated except for purposes of addressing outstanding loans as provided in this section, and the department and partnering rehabilitation agencies must immediately cease issuing new loans under the program.
(2) The department must allow participating homeowners to defer repayment of the loan principal and interest and any fees related to the administration or issuance of the loan. Any amounts deferred pursuant to this section become a lien in favor of the state. The lien is subordinate to liens for general taxes, amounts deferred under chapter
84.37
or
84.38
RCW, or special assessments as defined in RCW 84.38.020
. The lien is also subordinate to the first deed of trust or the first mortgage on the real property but has priority over all other privileges, liens, monetary encumbrances, or other security interests affecting the real property, whenever incurred, filed, or recorded. The department must take such necessary action to file and perfect the state's lien.
(3) The balance of any loan previously issued under this section that is outstanding as of July 1, 2023, is forgiven. The forgiveness applies to all remaining amounts owed, including loan principal, interest, and fees. Loan forgiveness is not retroactive, and does not apply to any loans issued under this section paid in full before July 1, 2023.
(4) All moneys from repayments must be deposited into the low-income home rehabilitation account created in RCW 43.330.488
.
(5) The department must adopt rules for implementation of this program.
[
2023 c 380 s 2
;
2017 c 285 s 2
.]
NOTES:
Contingent repeal
—
2023 c 380:
"The following acts or parts of acts are each repealed:
(1) RCW 43.330.482
(Low-income home rehabilitation revolving loan program) and 2023 c 380 s 2 &
2017 c 285 s 2
; and
(2) RCW 43.330.486
(Low-income home rehabilitation revolving loan program—Contracts with rehabilitation agencies—Reports) and
2017 c 285 s 3
." [
2023 c 380 s 7
.]
Contingent effective date
—
2023 c 380 s 7:
"(1) Section 7 of this act takes effect on July 1st of the year following the closure of the last loan issued under the low-income home rehabilitation revolving loan program.
(2) The department of commerce must provide written notice of the effective date of section 7 of this act to affected parties, the chief clerk of the house of representatives, the secretary of the senate, the office of the code reviser, and others as deemed appropriate by the department." [
2023 c 380 s 8
.]
Effective date
—
2023 c 380 ss 1-6:
See note following RCW 43.330.483
.
RCW 43.330.483
Low-income home rehabilitation grant program.
(1) Subject to availability of amounts appropriated for this specific purpose, the low-income home rehabilitation grant program is created within the department.
(2) The program must include the following elements:
(a) Eligible homeowners must be low-income and live in rural areas.
(b) Homeowners who are senior citizens, persons with disabilities, families with children five years old and younger, and veterans must receive priority for grants.
(c) The cost of the home rehabilitation must be the lesser of:
(i) 80 percent of the assessed or appraised value of the property post rehabilitation, whichever is greater; or
(ii) $50,000.
(d) The maximum amount that may be granted under this program may not exceed the cost of the home rehabilitation as provided in (c) of this subsection.
(3) The department must adopt rules for implementation of this grant program.
[
2023 c 380 s 3
.]
NOTES:
Effective date
—
2023 c 380 ss 1-6:
"Sections 1 through 6 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, 2023." [
2023 c 380 s 9
.]
RCW 43.330.486
Low-income home rehabilitation revolving loan program
—
Contracts with rehabilitation agencies
—
Reports.
(Contingent repeal.)
(1) The department must contract with rehabilitation agencies to provide home rehabilitation to participating homeowners. Preference must be given to local agencies delivering programs and services with similar eligibility criteria.
(2) Any rehabilitation agency may charge participating homeowners an administrative fee of no more than seven percent of the home rehabilitation loan amount. The administrative fee must become a component of the total loan amount to be repaid by the participating homeowner.
(3) Any rehabilitation agency receiving funding under this section must report to the department at least quarterly, or in alignment with federal reporting, whichever is the greater frequency, the project costs and the number of homes repaired or rehabilitated. The director must review the accuracy of these reports.
[
2017 c 285 s 3
.]
NOTES:
Contingent repeal
—
2023 c 380:
See note following RCW 43.330.482
.
RCW 43.330.487
Low-income home rehabilitation grant program
—
Contracts with rehabilitation agencies
—
Reports.
(1) The department must contract with rehabilitation agencies to provide home rehabilitation to participating homeowners. Preference must be given to local agencies delivering programs and services with similar eligibility criteria.
(2) Any rehabilitation agency receiving funding under this section must report to the department at least quarterly, or in alignment with federal reporting, whichever is the greater frequency, the project costs and the number of homes repaired or rehabilitated. The department must review the accuracy of these reports.
[
2023 c 380 s 4
.]
NOTES:
Effective date
—
2023 c 380 ss 1-6:
See note following RCW 43.330.483
.
RCW 43.330.488
Low-income home rehabilitation account.
The low-income home rehabilitation account is created in the custody of the state treasury. All transfers and appropriations by the legislature, repayments of loans, private contributions, and all other sources must be deposited into the account. Expenditures from the account may be used only for the purposes of the low-income home rehabilitation revolving loan program created in RCW 43.330.482
and the low-income home rehabilitation grant program created in RCW 43.330.483
. After July 1, 2023, the director may expend moneys in the account only for wind-down costs of the loan program in RCW 43.330.482
until the loan program terminates pursuant to chapter 380, Laws of 2023, and for the grant program created in RCW 43.330.483
. 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 an appropriation is not required for expenditures.
[
2023 c 380 s 5
;
2017 c 285 s 4
.]
NOTES:
Effective date
—
2023 c 380 ss 1-6:
See note following RCW 43.330.483
.
RCW 43.330.500
Life sciences discovery fund.
The life sciences discovery fund is created in the custody of the state treasurer. Only the department or the department's designee may authorize expenditures from the fund. Expenditures from the fund may be made only for purposes of RCW 43.330.502
. Administrative expenses of the department, including staff support, are limited to actual costs incurred by the department in designating the nonprofit organization and in monitoring and collecting grant payback funds. Revenues to the fund consist of transfers made by the legislature from strategic contribution payments deposited in the tobacco settlement account under RCW 43.79.480, moneys received pursuant to contribution agreements entered into pursuant to former RCW 43.350.030, moneys received from gifts, grants, and bequests, and interest earned on the fund. During the 2017-2019 fiscal biennium, the legislature may make appropriations from the fund to the department of commerce for providing life sciences research grants. The fund is subject to allotment procedures under chapter
43.88
RCW, but an appropriation is not required for expenditures.
[
2019 c 83 s 4
;
2018 c 299 s 924
;
2016 sp.s. c 36 s 937
;
2011 c 5 s 916
;
2005 c 424 s 8
. Formerly RCW 43.350.070
.]
NOTES:
Effective date
—
2018 c 299:
See note following RCW 43.41.433
.
Effective date
—
2016 sp.s. c 36:
See note following RCW 18.20.430
.
Effective date
—
2011 c 5:
See note following RCW 43.03.220
.
RCW 43.330.502
Life sciences discovery fund
—
Grants and contracts by department.
(1) The department must contract with a statewide nonprofit organization to either provide services or make grants, or both, to entities pursuant to a contract to foster growth of the state's life science sector and to improve the health and economic well-being of its residents. The statewide nonprofit organization must be a statewide organization established with a primary mission of growing and sustaining the life science ecosystem within the state of Washington by supporting life science entrepreneurs and connecting life science researchers, and biopharmaceutical, medical device, digital health, and health information technology companies to the resources they need to accelerate life science innovation.
(2) The department may also contract with the organization selected under subsection (1) of this section to monitor and collect life science[s] discovery fund grant payback funds.
(3) Grant agreements made pursuant to subsection (1) of this section must specify deliverables to be provided by the recipient under the grant. The nonprofit organization selected pursuant to subsection (1) of this section must evaluate requests for funding by reference to factors such as: (a) The quality of the proposed research or project; (b) its potential to improve health outcomes, with particular attention to the likelihood that it will also lower health care costs, provide a substitute for a more costly diagnostic or treatment modality, or offer a breakthrough treatment for a particular disease or condition; (c) the potential for leveraging additional funding; (d) the potential to provide health care benefits or a benefit to human learning and development; (e) the potential to stimulate the health care delivery, biomedical manufacturing, and life sciences related employment in the state; (f) the ability to provide critical life science infrastructure; (g) the potential for attracting new investment or catalytic partnerships in the life sciences; (h) the geographic diversity of the grantees within Washington; and (i) evidence of public and private collaboration.
(4) Before conducting a significant grant competition, the nonprofit organization selected under subsection (1) of this section must adopt policies and procedures to facilitate the orderly process of grant application, review, and reward; and may create one or more advisory boards composed of scientists, industrialists, and others familiar with life sciences research to assist in grant evaluation.
[
2019 c 83 s 1
.]
RCW 43.330.504
Life sciences discovery fund
—
Department powers.
In carrying out its duties under RCW 43.330.502, the department may: (1) Sue and be sued on behalf of the life sciences discovery fund; (2) make and execute agreements, contracts, and other instruments, with any public or private person or entity; (3) employ, contract with, or engage independent counsel, financial advisors, auditors, other technical or professional assistants, and such other personnel as necessary; (4) establish such special funds, and controls on deposits to and disbursements from them; and (5) adopt rules for the implementation of chapter 83, Laws of 2019.
[
2019 c 83 s 2
;
2005 c 424 s 5
. Formerly RCW 43.350.040
.]
RCW 43.330.506
Life sciences discovery fund
—
Limitation of liability.
Members of the governing board of trustees of the life sciences discovery fund authority and persons acting on behalf of the authority, while acting within the scope of their employment or agency, are not subject to personal liability resulting from carrying out the powers and duties conferred on them under former chapter
43.350
RCW. The state, the life sciences discovery fund authority, and the department are not liable for any loss, damage, harm, or other consequence resulting directly or indirectly from grants made by the authority or by any life sciences research funded by such grants.
[
2019 c 83 s 3
;
2005 c 424 s 6
. Formerly RCW 43.350.050
.]
RCW 43.330.510
Keep Washington working statewide work group.
(1) A keep Washington working statewide work group is established within the department. The work group must:
(a) Develop strategies with private sector businesses, labor, and immigrant advocacy organizations to support current and future industries across the state;
(b) Conduct research on methods to strengthen career pathways for immigrants and create and enhance partnerships with projected growth industries;
(c) Support business and agriculture leadership, civic groups, government, and immigrant advocacy organizations in a statewide effort to provide predictability and stability to the workforce in the agriculture industry; and
(d) Recommend approaches to improve Washington's ability to attract and retain immigrant business owners that provide new business and trade opportunities.
(2) The work group must consist of eleven representatives, each serving a term of three years, representing members from geographically diverse immigrant advocacy groups, professional associations representing business, labor organizations with a statewide presence, agriculture and immigrant legal interests, faith-based community nonprofit organizations, legal advocacy groups focusing on immigration and criminal justice, academic institutions, and law enforcement. The terms of the members must be staggered. Members of the work group must select a chair from among the membership. The work group must meet at least four times a year and hold meetings in various locations throughout the state. Following each meeting, the work group must report on its status, including meeting minutes and a meeting summary to the department. The department must provide a report to the legislature annually.
(3) In addition to the duties and powers described in RCW 43.330.040, it is the director's duty to provide support to the work group.
(4) The definitions in RCW 43.17.420
apply to this section.
[
2019 c 440 s 3
.]
NOTES:
Findings
—
Construction
—
Conflict with federal requirements
—
Effective date
—
2019 c 440:
See notes following RCW 43.17.425
.
RCW 43.330.515
Military installation incompatible development
—
Defense community compatibility account
—
Grants.
(1) The defense community compatibility account is created in the state treasury. Revenues to the account consist of appropriations by the legislature, private contributions, and all other sources deposited in the account.
(2)(a) Expenditures from the account may only be used for grants to local governments, federally recognized Indian tribes, or entities who have entered into an agreement with a military installation in the state under the United States department of defense readiness and environmental protection integration program for purposes of the programs established in subsection (3) of this section, including administrative expenses. Only the director or the director's designee may authorize expenditures. In order for the director or the director's designee to authorize an expenditure for the purpose identified in subsection (3) of this section, both nonstate and applicant funds must be committed to the same purposes or project as the state expenditure.
(b) An applicant must submit an application to the department in order to be eligible for funding under this subsection, and the department may not expend money on a project for which an applicant has not applied to the department to carry out the project.
(3)(a) The department may expend moneys from the account to provide state funds for capital projects identified by applicants to address incompatible development connected to Washington state military installations. For purposes of this section, "incompatible development" includes land development and military operations that impact the economy, environment, or quality of life opportunities for local communities.
(b) The department must evaluate and rank applications using objective criteria such as a community cost-benefit analysis, must consider recommendations from a citizens advisory commission comprised of representatives of community stakeholders impacted by military installations or their operations, must hold public hearings at least ninety days prior to any funding decision, and may consider the degree to which each project is compatible with the criteria established in the United States department of defense's readiness and environmental protection integration program. When ranking applications, the department must give priority to grant applications:
(i) That have secured federal or other nonstate funding for the project;
(ii) That leverage a higher proportion of federal or other nonstate funding;
(iii) In which the federal grant requires state match in a timely manner; or
(iv) Accompanied by express support from nonprofit community or neighborhood-based organizations, public development authorities, federally recognized Indian tribes in the state, or other community partners.
(c) Eligible projects may include:
(i) Acquisition of real property or real property interests to eliminate an existing incompatible use;
(ii) Projects to jointly assist in the recovery or protection of endangered species dependent on military installation property for habitat;
(iii) Projects to increase the availability of housing affordable to enlisted military personnel and nonmilitary residents in the local community;
(iv) Projects to retrofit existing uses to increase their compatibility with existing or future military operations;
(v) Projects to enable local communities heavily dependent on a nearby military installation to diversify the local economy so as to reduce the economic dependence on the military base;
(vi) Projects that aid communities to replace jobs lost in the event of a reduction of the military presence; and
(vii) Projects that improve or enhance aspects of the local economy, environment, or quality of life impacted by the presence of military activities.
(4) The department may adopt rules to implement this section.
[
2023 c 438 s 1
;
2019 c 404 s 1
.]
RCW 43.330.520
Military installation incompatible development
—
Project list
—
Report.
(1) The department must produce a biennial report identifying a list of projects to address incompatible developments near military installations.
(a) The list must include a description of each project, the estimated cost of the project, the amount of recommended state funding, and the amount of any federal or local funds documented to be available to be used for the project.
(b) Projects on the list must be prioritized with consideration given to:
(i) The recommendations of the recent United States department of defense base realignment and closure (BRAC) processes, joint land use studies, or other federally initiated land use processes; and
(ii) Whether a branch of the United States armed forces has identified the project as increasing the viability of military installations for current or future missions.
(c) The department may consult with the commanders of United States military installations in Washington to understand impacts and identify the viability of community identified projects to reduce incompatibility.
(2) The department must submit the report to appropriate committees of the house of representatives and the senate, including the joint committee on veterans' and military affairs and the house of representatives capital budget committee, by November 1, 2024, and every two years thereafter.
[
2023 c 438 s 2
;
2021 c 332 s 7039
;
2019 c 404 s 2
.]
NOTES:
Effective date
—
2021 c 332:
See note following RCW 43.19.501
.
RCW 43.330.530
Broadband office
—
Definitions.
The definitions in this section apply throughout this section and RCW 43.330.532
through
43.330.538, 43.330.412, 43.330.5393, and
43.330.5395
unless the context clearly requires otherwise.
(1)(a) "Advanced telecommunications capability" means, without regard to any transmission media or technology, high-speed, switched, broadband telecommunications capability that enables users to originate and receive high quality voice, data, graphics, and video telecommunications using any technology.
(b) "Advanced telecommunications capability" does not include access to a technology that delivers transmission speeds below the minimum download and upload speeds provided in the definition of broadband in this section.
(2) "Aging individual" means an individual 55 years of age or older.
(3) "Board" means the public works board established in RCW 43.155.030
.
(4) "Broadband" or "broadband service" means any service providing advanced telecommunications capability and internet access with transmission speeds that, at a minimum, provide 100 megabits per second download and 20 megabits per second upload.
(5) "Broadband adoption" means the process by which an individual obtains daily access to the internet:
(a) At a speed, quality, price, and capacity necessary for the individual to accomplish common tasks, such that the access qualifies as an advanced telecommunications capability;
(b) Providing individuals with the digital skills necessary to participate online;
(c) On a device connected to the internet and other advanced telecommunications services via a secure and convenient network, with associated end user broadband infrastructure equipment such as wifi mesh router or repeaters to enable the device to adequately use the internet network; and
(d) With technical support and digital navigation assistance to enable continuity of service and equipment use and utilization.
(6) "Broadband infrastructure" means networks of deployed telecommunications equipment and technologies necessary to provide high-speed internet access and other advanced telecommunications services to end users.
(7) "Department" means the department of commerce.
(8) "Digital equity" means the condition in which individuals and communities in Washington have the information technology capacity that is needed for full participation in society and the economy.
(9)(a) "Digital inclusion" means the activities that are necessary to ensure that all individuals in Washington have access to, and the use of, affordable information and communication technologies including, but not limited to:
(i) Reliable broadband internet service;
(ii) Internet-enabled devices that meet the needs of the user; and
(iii) Applications and online content designed to enable and encourage self-sufficiency, participation, and collaboration.
(b) "Digital inclusion" also includes obtaining access to digital literacy training, the provision of quality technical support, and obtaining basic awareness of measures to ensure online privacy and cybersecurity.
(10) "Digital literacy" means the skills associated with using technology to enable users to use information and communications technologies to find, evaluate, organize, create, and communicate information.
(11) "Last mile infrastructure" means broadband infrastructure that serves as the final connection from a broadband service provider's network to the end-use customer's on-premises telecommunications equipment.
(12) "Local government" includes cities, towns, counties, municipal corporations, public port districts, public utility districts, quasi-municipal corporations, special purpose districts, and multiparty entities comprised of public entity members.
(13) "Low-income" means households as defined by the department of social and health services, provided that the definition may not exceed the higher of 80 percent of area median household income or the self-sufficiency standard as determined by the University of Washington's self-sufficiency calculator.
(14) "Middle mile infrastructure" means broadband infrastructure that links a broadband service provider's core network infrastructure to last mile infrastructure.
(15) "Office" means the governor's statewide broadband office established in RCW 43.330.532
.
(16) "Tribe" means any federally recognized Indian tribe whose traditional lands and territories included parts of Washington.
(17) "Underserved population" means any of the following:
(a) Individuals who live in low-income households;
(b) Aging individuals;
(c) Incarcerated individuals;
(d) Veterans;
(e) Individuals with disabilities;
(f) Individuals with a language barrier, including individuals who are English learners or who have low levels of literacy;
(g) Individuals who are members of a racial or ethnic minority group;
(h) Individuals who primarily reside in a rural area;
(i) Children and youth in foster care; or
(j) Individuals experiencing housing instability.
(18) "Unserved areas" means areas of Washington in which households and businesses lack access to broadband service, as defined by the office.
[
2022 c 265 s 301
;
2022 c 237 s 2
;
2019 c 365 s 2
.]
NOTES:
Reviser's note:
(1) The definitions in this section have been alphabetized pursuant to RCW 1.08.015
(2)(k).
(2) This section was amended by 2022 c 237 s 2 and by 2022 c 265 s 301, each without reference to the other. Both amendments are incorporated in the publication of this section under RCW 1.12.025
(2). For rule of construction, see RCW 1.12.025
(1).
Effective date
—
2022 c 265 ss 101, 102, 301-305, and 401:
"Sections 101, 102, 301 through 305, and 401 of this act take effect July 1, 2023." [
2022 c 265 s 502
.]
Short title
—
Findings
—
Intent
—
2022 c 265:
See notes following RCW 43.330.539
.
Intent
—
2022 c 237:
"The legislature recognizes the statewide broadband office's objective of scalability while appreciating that a digital economy will continue to drive higher and higher speeds. Therefore, the legislature intends to move towards adequate connectivity in terms of the needs of economic development, education, and telehealth services." [
2022 c 237 s 1
.]
Findings
—
2019 c 365:
See note following RCW 43.330.532
.