RCW 43.330.532
Broadband office
—
Established
—
Purpose.
(1) The governor's statewide broadband office is established. The director of the office must be appointed by the governor. The office may employ staff necessary to carry out the office's duties as prescribed by chapter 365, Laws of 2019, subject to the availability of amounts appropriated for this specific purpose.
(2) The purpose of the office is to encourage, foster, develop, and improve affordable, quality broadband within the state in order to:
(a) Drive job creation, promote innovation, improve economic vitality, and expand markets for Washington businesses;
(b) Serve the ongoing and growing needs of Washington's education systems, health care systems, public safety systems, transportation systems, industries and business, governmental operations, and citizens; and
(c) Improve broadband accessibility and adoption for unserved and underserved communities and populations.
[
2022 c 265 s 302
;
2021 c 258 s 2
;
2019 c 365 s 3
.]
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
.
Findings
—
Intent
—
2021 c 258:
See note following RCW 47.44.160
.
Findings
—
2019 c 365:
"The legislature finds that:
(1) Access to broadband is critical to full participation in society and the modern economy;
(2) Increasing broadband access to unserved areas of the state serves a fundamental governmental purpose and function and provides a public benefit to the citizens of Washington by enabling access to health care, education, and essential services, providing economic opportunities, and enhancing public health and safety;
(3) Achieving affordable and quality broadband access for all Washingtonians will require additional and sustained investment, research, local and community participation, and partnerships between private, public, and nonprofit entities;
(4) The federal communications commission has adopted a national broadband plan that includes recommendations directed to federal, state, and local governments, including recommendations to:
(a) Design policies to ensure robust competition and maximize consumer welfare, innovation, and investment;
(b) Ensure efficient allocation and management of assets that the government controls or influences to encourage network upgrades and competitive entry;
(c) Reform current universal service mechanisms to support deployment in high-cost areas, ensuring that low-income Americans can afford broadband, and supporting efforts to boost adoption and utilization; and
(d) Reform laws, policies, standards, and incentives to maximize the benefits of broadband in sectors that government influences significantly, such as public education, health care, and government operations;
(5) Extensive investments have been made by the telecommunications industry and the public sector, as well as policies and programs adopted to provide affordable broadband services throughout the state, that will provide a foundation to build a comprehensive statewide framework for additional actions needed to advance the state's broadband goals; and
(6) Providing additional funding mechanisms to increase broadband access in unserved areas is in the best interest of the state. To that end, this act establishes a grant and loan program that will support the extension of broadband infrastructure to unserved areas. To ensure this program primarily serves the public interest, the legislature intends that any grant or loan provided to a private entity under this program must be conditioned on a guarantee that the asset or infrastructure to be developed will be maintained for public use for a period of at least fifteen years." [
2019 c 365 s 1
.]
RCW 43.330.534
Broadband office
—
Powers and duties.
(1) The office has the power and duty to:
(a) Serve as the central broadband planning body for the state of Washington;
(b) Coordinate with local governments, tribes, public and private entities, public housing agencies, nonprofit organizations, and consumer-owned and investor-owned utilities to develop strategies and plans promoting deployment of broadband infrastructure and greater broadband access, while protecting proprietary information;
(c) Review existing broadband initiatives, policies, and public and private investments;
(d) Develop, recommend, and implement a statewide plan to encourage cost-effective broadband access and to make recommendations for increased usage, particularly in rural and other unserved areas;
(e) Update the state's broadband goals and definitions for broadband service in unserved areas as technology advances, except that the state's definition for broadband service may not be actual speeds less than twenty-five megabits per second download and three megabits per second upload; and
(f) Encourage public-private partnerships to increase deployment and adoption of broadband services and applications.
(2) When developing plans or strategies for broadband deployment, the office must consider:
(a) Partnerships between communities, tribes, nonprofit organizations, local governments, consumer-owned and investor-owned utilities, and public and private entities;
(b) Funding opportunities that provide for the coordination of public, private, state, and federal funds for the purposes of making broadband infrastructure or broadband services available to rural and unserved areas of the state;
(c) Barriers to the deployment, adoption, and utilization of broadband service, including affordability of service and project coordination logistics; and
(d) Requiring minimum broadband service of twenty-five megabits per second download and three megabits per second upload speed, that is scalable to faster service.
(3) The office may assist applicants for the grant and loan program created in RCW 43.155.160, the digital equity opportunity program created in RCW 43.330.412, and the digital equity planning grant program created in RCW 43.330.5393
with seeking federal funding or matching grants and other grant opportunities for deploying or increasing adoption of broadband services.
(4) The office may take all appropriate steps to seek and apply for federal funds for which the office is eligible, and other grants, and accept donations, and must deposit these funds in the statewide broadband account created in RCW 43.155.165
.
(5) The office shall coordinate an outreach effort to hard-to-reach communities and low-income communities across the state to provide information about broadband programs available to consumers of these communities. The outreach effort must include, but is not limited to, providing information to applicable communities about the federal lifeline program and other low-income broadband benefit programs. The outreach effort must be reviewed by the office of equity annually. The office may contract with other public or private entities to conduct outreach to communities as provided under this subsection.
(6) In carrying out its purpose, the office may collaborate with the utilities and transportation commission, Washington technology solutions, the department of commerce, the community economic revitalization board, the department of transportation, the public works board, the state librarian, and all other relevant state agencies.
[
2024 c 54 s 53
;
2022 c 265 s 303
;
2021 c 258 s 3
;
2019 c 365 s 4
.]
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
.
Findings
—
Intent
—
2021 c 258:
See note following RCW 47.44.160
.
Findings
—
2019 c 365:
See note following RCW 43.330.532
.
RCW 43.330.536
Broadband office
—
Goals.
It is a goal of the state of Washington that:
(1) By 2024, all Washington businesses and residences have access to high-speed broadband that provides minimum download speeds of at least twenty-five megabits per second and minimum upload speeds of at least three megabits per second;
(2) By 2026, all Washington communities have access to at least one gigabit per second symmetrical broadband service at anchor institutions like schools, hospitals, libraries, and government buildings; and
(3) By 2028, all Washington businesses and residences have access to at least one provider of broadband with download speeds of at least one hundred fifty megabits per second and upload speeds of at least one hundred fifty megabits per second.
[
2019 c 365 s 5
.]
NOTES:
Findings
—
2019 c 365:
See note following RCW 43.330.532
.
RCW 43.330.538
Broadband office
—
Reports.
(1)(a) Beginning January 1, 2021, and biennially thereafter, the office shall report to the legislative committees with jurisdiction over broadband policy and finance on the office's activities during the previous two years.
(b) The report must, at a minimum, contain:
(i) An analysis of the current availability and use of broadband, including average broadband speeds, within the state;
(ii) Information gathered from schools, libraries, hospitals, and public safety facilities across the state, determining the actual speed and capacity of broadband currently in use and the need, if any, for increases in speed and capacity to meet current or anticipated needs;
(iii) An overview of incumbent broadband infrastructure within the state;
(iv) A summary of the office's activities in coordinating broadband infrastructure development with the department of transportation and the public works board, including a summary of funds awarded under RCW 43.155.160
;
(v) Suggested policies, incentives, and legislation designed to accelerate the achievement of the goals under RCW 43.330.536
; and
(vi) Any proposed legislative and policy initiatives.
(2)(a) By December 31, 2022, the office must submit a report to the governor and the appropriate committees of the legislature regarding the provision of retail telecommunications services to unserved areas by public utility districts and port districts as provided in RCW *
54.16.330
(10) and
53.08.370
(10).
(b) The report must, at a minimum, contain:
(i) The number of public utility districts and port districts providing retail telecommunications services in an unserved area authorized in RCW *
54.16.330
(10) and
53.08.370
(10); and
(ii) Any recommendations to improve the provision of retail telecommunications services in unserved areas.
[
2021 c 293 s 4
;
2021 c 258 s 4
;
2019 c 365 s 6
.]
NOTES:
Reviser's note:
*(1) RCW 54.16.330
was amended by 2023 c 470 s 1011, changing subsection (10) to subsection (9).
(2) This section was amended by 2021 c 258 s 4 and by 2021 c 293 s 4, 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).
Findings
—
2021 c 293:
See note following RCW 54.16.330
.
Findings
—
Intent
—
2021 c 258:
See note following RCW 47.44.160
.
Findings
—
2019 c 365:
See note following RCW 43.330.532
.
RCW 43.330.539
Broadband office
—
Digital equity plan.
(1) The office, in consultation with the digital equity forum, the utilities and transportation commission, and the department of social and health services, must develop a state digital equity plan.
(a) The office must seek any available federal funding for purposes of developing and implementing the state digital equity plan.
(b) The state digital equity plan must include such elements as the office determines are necessary to leverage federal funding.
(2) In developing the plan, the office must identify measurable objectives for documenting and promoting digital equity among underserved communities located in the state.
(3) By December 1, 2023, the office must submit a report to the governor and the appropriate committees of the legislature, including the following:
(a) The digital equity plan described in subsection (1) of this section and measurable objectives described in subsection (2) of this section;
(b) A description of how the office collaborated with the membership of the digital equity forum, state agencies, and key stakeholders to develop the plan including, but not limited to, the following:
(i) Community anchor institutions;
(ii) Local governments;
(iii) Local educational agencies;
(iv) Entities that carry out workforce development programs; and
(v) Broadband service providers;
(c) A description of federal funding available to advance digital equity in the state, including any available information on the extent to which state residents have enrolled in the affordable connectivity program through an approved provider; and
(d) Recommendations of additional state law or policy that can be targeted to help improve broadband adoption and affordability for state residents. This may include recommendations of ongoing subsidies that the state can provide to low-income individuals and anchor institutions, as well as identification of revenue sources that other states or jurisdictions have developed to fund such subsidies or discounted rates.
(4) For the purpose of this section, "office" means the statewide broadband office established in RCW 43.330.532
.
[
2022 c 265 s 201
.]
NOTES:
Short title
—
2022 c 265:
"This act may be known and cited as the digital equity act." [
2022 c 265 s 101
.]
Findings
—
Intent
—
2022 c 265:
"(1) The legislature finds that:
(a) Access to the internet is essential to participating in modern day society including, but not limited to, attending school and work, accessing health care, paying for basic services, connecting with family and friends, civic participation, and economic survival.
(b) For too many people in both rural and urban areas, the cost of being online is unaffordable. The legislature recognizes that building the last mile of broadband to the home is prohibitively expensive and that urban areas that are home to people earning low incomes continue to face digital redlining. Across the state there is a lack of affordable plans, barriers to enrolling in appropriate broadband plans, and barriers to fully utilize the opportunities that broadband offers.
(c) The COVID-19 pandemic has further highlighted the need for affordable access, devices, and skills to use the internet.
(d) The need for more accessible and affordable internet is felt more acutely among specific sectors of the population, especially Washington residents in rural areas, people who are currently earning low incomes, seniors and others who lack the skills necessary to get online, people with first languages other than English, immigrant communities, and people with disabilities.
(e) The federal government is allocating considerable sums for investment in digital equity that the state broadband office will help to leverage for residents across Washington. Continued comprehensive efforts, including coordination with tribal partners, are needed to ensure truly equitable access. The legislature recognizes that there will be a need for ongoing development and maintenance of broadband infrastructure. The legislature also recognizes that there is a need for ongoing outreach by community-based partnerships to provide enrollment assistance to lower the cost of internet subscriptions and devices.
(2) Therefore, the legislature intends to broaden access to the internet, the appropriate devices, and the skills to operate online safely and effectively so that all people in Washington can fully participate in our society, democracy, and economy by expanding assistance and support programs offered in the state and establishing the governor's statewide broadband office as a central access point to such programs." [
2022 c 265 s 102
.]
RCW 43.330.5393
Digital equity planning grant program.
(1) Subject to the availability of funds appropriated for this specific purpose, the department shall establish a digital equity planning grant program.
(2)(a) This program must provide grants to local governments, institutions of higher education, workforce development councils, or other entities to fund the development of a digital equity plan for a discrete geographic region of the state. Only the director or the director's designee may authorize expenditures.
(b) Priority must be given for grant applications:
(i) Accompanied by express support from community or neighborhood-based nonprofit organizations, public development authorities, federally recognized Indian tribes in the state, or other community partners and partners from the categories of institutions identified in RCW 43.330.421
; and
(ii) That intend to use community-based participatory action research methods as a part of the proposed plan.
(3) An applicant must submit an application to the department in order to be eligible for funding under this section.
(4) The digital equity forum shall review grant applications and provide input to the department regarding the prioritization of applications in awarding grants among eligible applicants under the program.
(5) The department must:
(a) Pursuant to subsection (2)(b) of this section, evaluate and rank applications using objective criteria such as the number of underserved populations served and subjective criteria such as the degree of support and engagement evidenced by the community who will be served;
(b) Consider the input provided by the forum, as provided in subsection (4) of this section, in awarding grants under the digital equity planning grant program; and
(c) 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 under the digital equity planning grant program.
(6) The department shall develop criteria for what the digital equity plans must include.
(7) The department may adopt rules to implement this section.
[
2022 c 265 s 305
.]
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
.
RCW 43.330.5395
Digital equity forum.
(1) The Washington digital equity forum is established for the purpose of developing recommendations to advance digital connectivity in Washington state and advising the statewide broadband office on the digital equity opportunity program as provided under RCW 43.330.412
and the digital equity planning grant program as provided under RCW 43.330.5393
.
(2) In developing its recommendations to advance digital connectivity, the forum must:
(a) Develop goals that are consistent with the goals of the governor's statewide broadband office, as provided in RCW 43.330.536
;
(b) Strengthen public-private partnerships;
(c) Solicit public input through public hearings or informational sessions;
(d) Work to increase collaboration and communication between local, state, and federal governments and agencies; and
(e) Recommend reforms to current universal service mechanisms.
(3) The directors of the governor's statewide broadband office and the Washington state office of equity are responsible for appointing participating members of the digital equity forum and no appointment may be made unless each director concurs in the appointment. In making appointments, the directors must prioritize appointees representing:
(a) Federally recognized tribes;
(b) State agencies involved in digital equity; and
(c) Underserved and unserved communities, including historically disadvantaged communities.
(4) A majority of the participating members appointed by the directors must appoint an administrative chair for the forum.
(5) In addition to members appointed by the directors, four legislators may serve on the digital equity forum in an ex officio capacity. Legislative participants must be appointed as follows:
(a) The speaker of the house of representatives must appoint one member from each of the two largest caucuses of the house of representatives; and
(b) The president of the senate must appoint one member from each of the two largest caucuses of the senate.
(6)(a) Funds appropriated to the forum may be used to compensate, for any work done in connection with the forum, additional persons who have lived experience navigating barriers to digital connectivity and digital equity.
(b) Each member of the digital equity forum shall serve without compensation but may be reimbursed for travel expenses as authorized in RCW 43.03.050
and
43.03.060
.
(7) Staff for the digital equity forum must be provided by the governor's statewide broadband office and the Washington state office of equity. The governor's statewide broadband office and the Washington state office of equity are jointly responsible for transmitting the recommendations of the digital equity forum to the legislature, consistent with RCW 43.01.036, by October 28, 2025, and every odd-numbered year thereafter.
[
2022 c 265 s 306
.]
NOTES:
Short title
—
Findings
—
Intent
—
2022 c 265:
See notes following RCW 43.330.539
.
RCW 43.330.540
Cannabis social equity technical assistance grant program.
(1) The cannabis social equity technical assistance grant program is established and is to be administered by the department.
(2)(a) The cannabis social equity technical assistance grant program must award grants to:
(i) Cannabis license applicants who are social equity applicants as defined in RCW 69.50.335
submitting social equity plans as defined in RCW 69.50.101
; and
(ii) Cannabis licensees holding a license issued after April 1, 2023, and before July 1, 2024, who meet the social equity applicant criteria under RCW 69.50.335
.
(b) Grant recipients under this subsection (2) must demonstrate completion of their project within 12 months of receiving a grant, unless a grant recipient requests, and the department approves, additional time to complete the project.
(3) The department must award grants primarily based on the strength of the social equity plans submitted by cannabis license applicants and cannabis licensees holding a license issued after April 1, 2023, and before July 1, 2024, but may also consider additional criteria if deemed necessary or appropriate by the department. Technical assistance activities eligible for funding include, but are not limited to:
(a) Assistance navigating the cannabis licensure process;
(b) Cannabis-business specific education and business plan development;
(c) Regulatory compliance training;
(d) Financial management training and assistance in seeking financing;
(e) Strengthening a social equity plan as defined in RCW 69.50.101
; and
(f) Connecting social equity applicants with established industry members and tribal cannabis enterprises and programs for mentoring and other forms of support.
(4) The department may contract to establish a roster of mentors who are available to support and advise social equity applicants and current licensees who meet the social equity applicant criteria under RCW 69.50.335
. Contractors under this section must:
(a) Have knowledge and experience demonstrating their ability to effectively advise eligible applicants and licensees in navigating the state's licensing and regulatory framework or on producing and processing cannabis;
(b) Be a business that is at least 51 percent minority or woman-owned; and
(c) Meet department reporting and invoicing requirements.
(5) Funding for the cannabis social equity technical assistance grant program must be provided under RCW 69.50.540
. Additionally, the department may solicit, receive, and expend private contributions to support the grant program.
(6) The department may adopt rules to implement this section.
(7) For the purposes of this section, "cannabis" has the meaning provided under RCW 69.50.101
.
[
2023 c 220 s 1
;
2022 c 16 s 36
;
2021 c 169 s 1
;
2020 c 236 s 3
.]
NOTES:
Intent
—
Finding
—
2022 c 16:
See note following RCW 69.50.101
.
Findings
—
Intent
—
2020 c 236:
See note following RCW 69.50.335
.
RCW 43.330.542
Environmental justice obligations of the department of commerce.
The department must apply and comply with the substantive and procedural requirements of chapter
70A.02
RCW.
[
2021 c 314 s 8
.]
NOTES:
Conflict with federal requirements
—
2021 c 314:
See note following RCW 70A.02.005
.
RCW 43.330.545
Community engagement grants
—
Law enforcement.
(Expires January 1, 2029.)
(1) Subject to the availability of amounts appropriated for this specific purpose, a project is created in the department to foster community engagement through neighborhood organizing, law enforcement-community partnerships, youth mobilization, and business engagement. The department shall administer the project. The project must include funding for programs delivering services in a range of rural and urban counties across Washington.
(2) The department shall adopt policies and procedures necessary to administer the project including: (a) An application process; (b) disbursement of the grant award to selected applicants; (c) tracking compliance and proper use of funds; and (d) measuring outcomes.
(3) Eligible applicants must:
(a) Be a public agency or nongovernmental organization;
(b) Have demonstrated experience with community engagement initiatives that impact public safety;
(c) Include community engagement in their services;
(d) Have established or be willing to establish a coordinated effort with committed partners, which must include law enforcement and organizations committed to diversity, equity, and inclusion of community members, including organizations whose leadership specifically reflects the communities most impacted by racism; and
(e) Have established priorities, policies, and measurable goals in compliance with the requirements of the project as provided in subsection (5) of this section.
(4) A law enforcement agency applying for a grant award shall not be considered an eligible applicant unless there are no other eligible applicants from the community or county the law enforcement agency serves.
(5) The grant recipient shall:
(a) Lead and facilitate neighborhood organizing initiatives, including:
(i) Empowering community members with tools, skills, confidence, and connections to identify, eradicate, and prevent illegal activity;
(ii) Making neighborhood improvements to deter future criminal activity; or
(iii) Educating community members regarding how to connect with city, county, and law enforcement resources;
(b) Build substantive law enforcement-community partnerships, including:
(i) Building trust between community members and law enforcement by facilitating purposeful antiracist practices and the development of policies that lead to equal treatment under the law;
(ii) Establishing clear expectations for law enforcement to be competent to practice fair and equitable treatment including facilitating dialogue between law enforcement and community members to increase understanding of the impact of historical racist practices and current conflicts;
(iii) Community members regularly informing law enforcement, through presentations, workshops, or forums, on community perceptions of law enforcement and public safety issues;
(iv) Educating community members on the role and function of law enforcement in the community;
(v) Clarifying expectations of law enforcement and of the role of the community in crime prevention;
(vi) Educating community members on the best practices for reporting emergency and nonemergency activities;
(vii) Recognizing community members for effective engagement and community leadership; and
(viii) Recognizing law enforcement officials for efforts to engage underrepresented communities, improve community engagement and empowerment, and reform law enforcement practices;
(c) Mobilize youth to partner with neighborhood groups and law enforcement to prevent violence by:
(i) Helping them develop knowledge and skills to serve as leaders in their communities;
(ii) Focusing on prevention of violence and substance abuse; or
(iii) Empowering youth to bring their voice to community issues that impact healthy police-community relations;
(d) Engage businesses to help prevent crimes, such as vandalism and burglaries, through safety training and other prevention initiatives;
(e) Provide training and technical assistance on how to implement community engagement, improving law enforcement and community partnership, youth engagement, and business engagement;
(f) Identify and maintain consistent, experienced, and committed leadership for managing the grant, including an administrator who acts as an available point of contact with the department; and
(g) Collect and report data and information required by the department.
(6) The department shall, in consultation with the Washington state institute for public policy, develop reporting guidelines for the grant recipients to measure whether the project had an impact on crime rates and community engagement with, and perceptions of, law enforcement. The department shall report to the appropriate legislative policy committees by December 1st every odd-numbered year with details on the implementation of the project and the outcomes of the reported data and information.
(7) This section expires January 1, 2029.
[
2023 c 189 s 1
;
2021 c 327 s 2
.]
NOTES:
Finding
—
2021 c 327:
"The legislature finds that community engagement is a foundational principle of successful community policing practices. When individuals and neighborhood groups are encouraged to partner with law enforcement, a powerful alliance can be built on mutual trust and respect and mitigate polarization between police departments and community groups. A successful community-police partnership leads to the achievement of shared goals of improving safety and quality of life and ensuring that public safety services are tailored to the needs of local communities.
The legislature recognizes current efforts in Washington to mobilize communities to insist on equitable and accountable practices that will result in community participation in public safety efforts as well as establish cooperative lines of communication between civilians and law enforcement. Laudable community engagement models such as the safe streets campaign in Pierce county, safe Yakima in Yakima county, and the Okanogan county community coalition are recognized to mitigate crime trends by engaging the community and law enforcement in cooperative efforts to improve public safety.
The department of commerce intends to foster community engagement with law enforcement officers through the creation of a community engagement project in 15 communities across the state of Washington with a mix of urban, rural, and suburban areas to facilitate community-law enforcement partnerships and improve police-community relations. The department will implement a project evaluation to measure and examine the impact of local initiatives on community engagement, neighborhood safety, and positive community-police relations.
The funded projects will facilitate the empowerment of communities to engage in crime prevention efforts through neighborhood organizing, law enforcement-community partnerships, youth mobilization, and business engagement." [
2021 c 327 s 1
.]
RCW 43.330.550
Employer-supported child care
—
Technical assistance.
(1) Subject to the availability of amounts appropriated for this specific purpose, the department, in collaboration with the department of children, youth, and families, shall provide or contract to provide remote or in-person technical assistance to employers interested in supporting their employees' access to high quality child care.
(2) Technical assistance may include guidance related to:
(a) Operating a licensed child care center at or near the workplace for the benefit of employees;
(b) Financing and construction of a licensed child care center at or near the workplace for the benefit of employees;
(c) Providing financial assistance to employees for licensed or certified child care providers and license-exempt child care program expenses;
(d) Encouraging access and support for low-wage employees;
(e) Sponsoring dependent care flexible spending accounts for employees; and
(f) Developing a "bring your infant to work" program and other family-friendly work policies for employees.
[
2021 c 199 s 308
.]
NOTES:
Short title
—
Findings
—
Intent
—
Conflict with federal requirements
—
2021 c 199:
See notes following RCW 43.216.770
.
RCW 43.330.560
Office of renewable fuels
—
Definitions.
The definitions in this section apply throughout RCW 43.330.565, 43.330.570, and
43.330.575
unless the context clearly requires otherwise.
(1) "Department" means the department of commerce.
(2) "Green electrolytic hydrogen" means hydrogen produced through electrolysis and does not include hydrogen manufactured using steam reforming or any other conversion technology that produces hydrogen from a fossil fuel feedstock.
(3) "Office" means the statewide office of renewable fuels established in RCW 43.330.565
.
(4) "Overburdened communities" has the same meaning as defined in RCW 70A.02.010
.
(5) "Renewable fuel" means fuel produced using renewable resources and includes renewable hydrogen.
(6) "Renewable hydrogen" has the same meaning as defined in RCW 54.04.190
.
(7) "Renewable resource" has the same meaning as defined in RCW 19.405.020
.
[
2022 c 292 s 101
.]
NOTES:
Findings
—
Intent
—
2022 c 292:
See note following RCW 43.330.565
.
RCW 43.330.565
Office of renewable fuels
—
Established.
(1) The statewide office of renewable fuels is established within the department. The office shall report to the director of the department. The office may employ staff as necessary to carry out the office's duties as prescribed by chapter 292, Laws of 2022, subject to the availability of amounts appropriated for this specific purpose.
(2) The purpose of the office is to leverage, support, and integrate with other state agencies to:
(a) Accelerate comprehensive market development with assistance along the entire life cycle of renewable fuel projects;
(b) Support research into and development and deployment of renewable fuel and the production, distribution, and use of renewable and green electrolytic hydrogen and their derivatives, as well as product engineering and manufacturing relating to the production and use of such hydrogen and its derivatives;
(c) Drive job creation, improve economic vitality, and support the transition to clean energy;
(d) Further the development and use of alternative jet fuels as a productive industry in Washington;
(e) Enhance resiliency by using renewable fuels, alternative jet fuels, and green electrolytic hydrogen to support climate change mitigation and adaptations; and
(f) Partner with overburdened communities to ensure communities equitably benefit from renewable and clean fuels efforts.
[
2023 c 232 s 5
;
2022 c 292 s 102
.]
NOTES:
Effective date
—
2023 c 232 ss 1-7:
See note following RCW 70A.535.010
.
Automatic expiration date exemption
—
2023 c 232:
See note following RCW 82.04.287
.
Intent
—
2023 c 232:
See note following RCW 70A.535.010
.
Findings
—
Intent
—
2022 c 292:
"(1) The legislature finds that while hydrogen fuel has been used in a variety of applications in the state, the source of hydrogen has been derived from fossil fuel feedstocks, such as natural gas. Hydrogen is an essential building block and energy carrier molecule that is necessary in the production of conventional and renewable fuels and a valuable decarbonization tool when used in sectors such as marine, aviation, steel, aluminum, and cement, as well as surface transportation including heavy duty vehicles, such as transit, trucking, and drayage equipment. Hydrogen can be a carbon-free fuel with an energy per unit mass that is three to four times greater than jet fuel, whose energy can be extracted either through thermochemical (combustion) or electrochemical (fuel cell) processes. In both cases, the only by-product is water, instead of the greenhouse gases and other conventional and toxic pollutants that are emitted from using fossil fuels.
(2) The legislature further finds that the use of renewable hydrogen and hydrogen produced from carbon-free feedstocks through electrolysis is an essential tool to a clean energy ecosystem and emissions reduction for challenging infrastructure needs. Clean hydrogen fuel can be produced or "charged" closer to the generation of the electricity when the electrical supply grid has surplus energy, at times of low electricity use, such as evenings, then made available at times of higher need and convenient locations, such as fueling stations, avoiding the need to build or upgrade larger electrical infrastructure, including distribution systems, to meet higher peak demand for electricity.
(3) Therefore, the legislature intends by this act to establish policies and a framework for the state to become a national and global leader in the production and use of these hydrogen fuels. This act will create an office of renewable fuels to: Promote partnerships among industrial, transportation, agriculture, and commercial interests as well as fuel producers, the technology research sector, and public sector agencies; identify barriers to and opportunities for market development; provide greater clarity and certainty in regulatory and siting standards; provide incentives and financial assistance in the deployment of hydrogen fuel infrastructure; support a clean and just energy transition; help create good quality, clean energy jobs; and improve air quality in degraded areas, particularly in communities that have borne disproportionate levels of air pollution from the combustion of fossil fuels." [
2022 c 292 s 1
.]
RCW 43.330.570
Office of renewable fuels
—
Duties.
(1) The office shall:
(a) Coordinate with federally recognized tribes, local government, state agencies, federal agencies, private entities, the state's public four-year institutions of higher education, labor unions, and others to facilitate and promote multi-institution collaborations to drive research, development, and deployment efforts in the production, distribution, and use of alternative jet fuels and renewable fuels including, but not limited to, green electrolytic hydrogen;
(b) Review existing renewable fuels, alternative jet fuels, and green electrolytic hydrogen initiatives, policies, and public and private investments, and tax and regulatory incentives, including assessment of adequacy of feedstock supply and in-state feedstock, renewable fuels, and alternative jet fuels production;
(c) Consider funding opportunities that provide for the coordination of public and private funds for the purposes of developing and deploying renewable fuels, alternative jet fuels, and green electrolytic hydrogen;
(d) Assess opportunities for and barriers to deployment of renewable fuels, alternative jet fuels, and green electrolytic hydrogen in hard to decarbonize sectors of the state economy;
(e) Request recommendations from the Washington state association of fire marshals regarding fire and other safety standards adopted by the United States department of energy and recognized national and international fire and safety code development authorities regarding renewable fuels, alternative jet fuels, and green electrolytic hydrogen;
(f) By December 1, 2023, develop a plan and recommendations for consideration by the legislature and governor on renewable fuels and green electrolytic hydrogen policy and public funding including, but not limited to, project permitting, state procurement, and pilot projects; and
(g) Encourage new and support existing public-private partnerships to increase coordinated planning and deployment of renewable fuels, alternative jet fuels, and green electrolytic hydrogen.
(2) The office may take all appropriate steps to seek and apply for federal funds for which the office is eligible, and other grants, and accept donations, and must deposit these funds in the renewable fuels accelerator account created in RCW 43.330.575
.
(3) In carrying out its duties, the office must collaborate with the department, the department of ecology, the department of transportation, the utilities and transportation commission, electric utilities in Washington state, the Washington State University extension energy program, the alternative jet fuel work group established in RCW 28B.30.646, and all other relevant state agencies. The office must also consult with and seek to involve federally recognized tribes, project developers, labor and industry trade groups, and other interested parties, in the development of policy analysis and recommended programs or projects.
(4) The office may cooperate with other state agencies in compiling data regarding the use of renewable fuels and green electrolytic hydrogen in state operations, including motor vehicle fleets, the state ferry system, and nonroad equipment.
[
2023 c 232 s 6
;
2022 c 292 s 103
.]
NOTES:
Effective date
—
2023 c 232 ss 1-7:
See note following RCW 70A.535.010
.
Automatic expiration date exemption
—
2023 c 232:
See note following RCW 82.04.287
.
Intent
—
2023 c 232:
See note following RCW 70A.535.010
.
Findings
—
Intent
—
2022 c 292:
See note following RCW 43.330.565
.
RCW 43.330.575
Renewable fuels accelerator account.
The renewable fuels accelerator account is created in the state treasury. Revenues to the account consist of appropriations made by the legislature, federal funds, gifts or grants from the private sector or foundations, and other sources deposited in the account. Moneys in the account may be spent only after appropriation. Expenditures from the account may be used only for purposes designated in RCW 43.330.565
and
43.330.570
and section 201, chapter 292, Laws of 2022. Only the director or the director's designee may authorize expenditures from the account.
[
2022 c 292 s 104
.]
NOTES:
Effective date
—
2022 c 292 ss 104 and 201:
"Sections 104 and 201 of this act are necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and take effect immediately [March 31, 2022]." [
2022 c 292 s 501
.]
Findings
—
Intent
—
2022 c 292:
See note following RCW 43.330.565
.
RCW 43.330.580
Substance use disorder treatment and services programs and recovery housing
—
Construction funds.
(1) Subject to funds appropriated for this specific purpose, a program is established in the department to fund the construction costs necessary to start up substance use disorder treatment and services programs and recovery housing in regions of the state that currently lack access to such programs.
(2) This funding must be used to increase the number of substance use disorder treatment and services programs and recovery housing in underserved areas such as central and eastern Washington and rural areas.
[
2023 sp.s. c 1 s 15
.]
RCW 43.330.590
Employee ownership program.
(Expires June 30, 2030.)
(1) Subject to the availability of amounts appropriated for this specific purpose, the Washington employee ownership program is created to support the efforts of businesses considering a sale to an employee ownership structure. The Washington employee ownership program must be administered by the department and overseen by the Washington employee ownership commission established in RCW 43.330.592
.
(2)(a) In implementing the Washington employee ownership program, the director must:
(i) Create a network of technical support and service providers for businesses considering employee ownership structures;
(ii) Work with state agencies whose regulations and programs affect employee-owned businesses, and businesses with the potential to become employee owned, to enhance opportunities and reduce barriers;
(iii) Partner with relevant private, nonprofit, and public organizations including, but not limited to, professional and trade associations, financial institutions, unions, small business development centers, economic and workforce development organizations, and nonprofit entities to promote employee ownership benefits and succession models;
(iv) Develop and make available materials regarding employee ownership benefits and succession models;
(v) Provide a referral service to help qualified business owners find appropriate legal, financial, and technical employee ownership resources and services;
(vi) Work with the department of financial institutions and appropriate state, private, and nonprofit entities to shape and implement guidance on lending to broad-based employee ownership vehicles;
(vii) Create an inventory of employee-owned businesses in the state including employee stock ownership plans, worker cooperatives, and employee ownership trusts; and
(viii) Subject to the successful award of federal funding for this purpose, establish a revolving loan program to assist existing small businesses to finance a transition to employee ownership.
(b) Loans offered by the revolving loan program must be used to help facilitate the purchase of an interest in an employee stock ownership plan or worker-owned cooperative from the owner or owners of a qualified business, provided that:
(i) The transaction results in the employee stock ownership plan or worker cooperative holding a majority interest in the business, on a fully diluted basis; and
(ii) If used to assist in the purchase of an interest in an employee stock ownership plan, the employee stock ownership plan: (A) Has appointed an independent trustee; or (B) has, as a trustee, person, or entity, completed education on best practices for employee stock ownership plans.
(c) Loans financing the sale of an interest to a worker cooperative shall be extended based on repayment ability and shall not require a personal or entity guarantee. In meeting the requirement in (b) of this subsection, lending guidelines must be established for worker cooperatives not based on any personal or entity guarantees provided by the member owners or the selling business owner. These guidelines may include but are not limited to cash flow-based underwriting, character-based lending, and reliance on business assets.
(d) In order to support the revolving loan program, the director or the director's designee must apply for federal funding opportunities that:
(i) Support capitalization of state revolving loan programs; and
(ii) Support businesses that seek to transition to employee ownership.
(e) Amounts from the repayment of loans offered by the revolving loan program must be deposited in the employee ownership revolving loan program account established in RCW 43.330.595
.
(3) The director or the director's designee may contract with consultants, agents, or advisors necessary to further the purposes of this section.
(4) Subject to the availability of amounts appropriated for this specific purpose, by December 1st each year, the department must submit a report to the appropriate committees of the legislature on program activities and the number of employee-owned businesses and employee-owned trusts in the state, including recommendations for improvement and barriers for businesses considering employee ownership structures in Washington state. The first report must include rules and guidelines for the administration of the program, as established by the Washington employee ownership commission.
(5) For the purposes of this section:
(a) "Employee-owned business" means:
(i) An employee cooperative established under chapter
23.78, 23.86, 23.100, or
24.06
RCW that has at least 50 percent of its board of directors consisting of, and elected by, its employees; or
(ii) An entity owned in whole or in part by employee stock ownership plans as defined in 26 U.S.C. Sec. 4975(e)(7).
(b) "Qualified business" means a person subject to tax under Title
82
RCW, including but not limited to a C corporation, S corporation, limited liability company, partnership, limited liability partnership, sole proprietorship, or other similar pass-through entity, that is not owned in whole or in part by an employee ownership trust, that does not have an employee stock ownership plan, or that is not, in whole or in part, a worker-owned cooperative.
(6) Program support shall only be made available to businesses headquartered in Washington state. For the purposes of this section, "headquartered in Washington state" means that Washington state is its principal place of business or the state where it is incorporated.
(7) The director shall adopt rules as necessary to implement this section.
(8) This section expires June 30, 2030.
[
2025 c 366 s 2
;
2023 c 392 s 2
.]
NOTES:
Findings
—
Intent
—
2023 c 392:
"The legislature finds that:
Employee ownership in companies provides numerous benefits to both businesses and workers across all industries. Research from the national center for employee ownership found that one such structure, employee stock ownership plans, had better workforce retention, benefits and retirement security, and firm performance than nonemployee stock ownership plans companies in the same industry. In addition, the Rutgers school of management and labor relations found that employee-owned companies outperformed nonemployee-owned companies in job retention, pay, and workplace health safety throughout the COVID-19 pandemic. At their core, employee ownership structures allow employees to gain ownership stake in a business, increasing their personal wealth without the risks related to starting or purchasing their own company.
States throughout the nation have moved to provide support for employee ownership structures. The Colorado employee ownership office has operated since 2019 to create a network of technical support and service providers considering employee ownership structures. Recently, both California and Massachusetts passed legislation to establish their own dedicated employee ownership support programs. Other states, such as Iowa, provide tax benefits and upfront costs to businesses interested in employee ownership.
Further, the federal government has recognized the benefit broad-based employee ownership structures provide to communities. The American rescue plan act included $10,000,000,000 for the state small business credit initiative. Through that act congress also directed the treasury department to allow state small business credit initiative funding to be used for transitions to employee ownership, when state small business credit initiative funding has not been historically available for business transactions.
The legislature desires to provide a dedicated program to educate businesses on employee ownership, assist both owners and workers in navigating available resources, reduce barriers to transitioning to employee-owned structures, and provide tax support for businesses that transition to an employee ownership structure.
Therefore, it is the intent of the legislature to encourage the growth of employee ownership structures through this expanding employee ownership act." [
2023 c 392 s 1
.]
Short title
—
2023 c 392:
"This act may be known and cited as the expanding employee ownership act." [
2023 c 392 s 8
.]
RCW 43.330.592
Employee ownership program
—
Administration
—
Commission.
(Expires June 30, 2030.)
(1) Subject to the availability of amounts appropriated for this specific purpose, the Washington employee ownership commission is hereby created to exercise the powers in developing and supervising the program created in RCW 43.330.590
.
(2) The commission shall consist of:
(a) One member from each of the two major caucuses of the house of representatives to be appointed by the speaker of the house and one member from each of the two major caucuses of the senate to be appointed by the president of the senate. The initial term shall be two years; and
(b) The following members appointed by the governor:
(i) Five members who represent the private sector or professional organizations as follows:
(A) One representative of a worker cooperative business. The initial term shall be four years;
(B) One representative of an employee stock ownership plan business. The initial term shall be four years;
(C) One representative from a statewide business association. The initial term shall be two years;
(D) One economic development expert, from the private sector, with employee ownership knowledge and experience. The initial term shall be four years; and
(E) One representative from a financial institution with expertise in assisting businesses transitioning into an employee ownership structure. The initial term shall be two years; and
(ii) Two members who represent the public sector as follows:
(A) One economic development expert, from the public sector. The initial term shall be four years; and
(B) One representative from the department of commerce, who will chair the first meeting prior to the election of the chair. The initial term shall be four years.
(3) After the initial term of appointment, all members shall serve terms of four years and shall hold office until successors are appointed.
(4) The commission shall be led by a chair selected and voted on by members of the commission. The chair shall serve a one-year term but may serve more than one term if selected to do so by members of the commission.
(5) The commission shall develop, in consultation with the director, rules and guidelines to administer the program. Rules and guidelines for the administration of the program must be included in the first report to the legislature required in RCW 43.330.590
.
(6) Before making any appointments to the commission, the governor must seek nominations from recognized organizations that represent the entities or interests identified in this section. The governor must select appointees to represent private sector industries from a list of three nominations provided by the trade associations representing the industry, unless no names are put forth by the trade associations.
(7) The commission shall conduct market research for the purposes of, or to support, a future application to the federal government for a program to assist in the purchase of an interest in an employee stock ownership plan qualifying under section 401 of the internal revenue code, worker cooperative, or related broad-based employee ownership vehicle.
(8) For purposes of this section, a "professional organization" includes an entity whose members are engaged in a particular lawful vocation, occupation, or field of activity of a specialized nature including, but not limited to, associations, boards, educational institutions, and nonprofit organizations.
(9) This section expires June 30, 2030.
[
2025 c 366 s 3
;
2023 c 392 s 3
.]
NOTES:
Findings
—
Intent
—
Short title
—
2023 c 392:
See notes following RCW 43.330.590
.
RCW 43.330.595
Employee ownership revolving loan program account.
(Expires June 30, 2030.)
(1) The employee ownership revolving loan program 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 Washington employee ownership program created in RCW 43.330.590
. 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.
(2) This section expires June 30, 2030.
[
2025 c 366 s 4
;
2023 c 392 s 6
.]
NOTES:
Findings
—
Intent
—
Short title
—
2023 c 392:
See notes following RCW 43.330.590
.
RCW 43.330.600
Domestic violence high risk teams
—
Pilot program.
(1) Subject to the availability of amounts appropriated for this specific purpose, the department shall administer a pilot program to implement domestic violence high risk teams. A domestic violence high risk team must, at a minimum, include the following four elements:
(a) Early identification of the most dangerous cases through evidence-based lethality assessments;
(b) Increased access to supportive services for high-risk victims;
(c) Increased perpetrator monitoring and accountability; and
(d) A coordinated response to high-risk cases through a multidisciplinary team.
(2) A domestic violence program must be the lead or co-lead of the domestic violence high risk teams.
[
2023 c 462 s 601
.]
RCW 43.330.610
Port district noise mitigation
—
Grant program.
(1) The department of commerce shall administer a grant program to provide assistance to qualifying port districts for expenses related to noise mitigation pursuant to RCW 53.54.030
(2) (c) and (d).
(2) The department of commerce shall prepare and publish an annual report on its website detailing grants made under this section. The report must include: (a) The number of inspectors or other professionals contracted; (b) the number of inspections conducted; (c) the number of properties provided with new or improved noise mitigation equipment subsequent to an inspection; (d) the number of properties receiving funds to address hazards or damages proven by an inspection to be associated with the installation of noise mitigation equipment; and (e) the number of inspected properties where no repairs occurred and the reasons why.
(3) A qualifying port district receiving funds under this section may commit to matching, from port district funds not subject to federal airport revenue use requirements, at least half of the total funding provided by the legislature under RCW 53.20.090
for the purposes of noise mitigation under RCW 53.54.030
(2) (c) and (d) each fiscal year.
(4) For the purposes of this section, "qualifying port district" means a port district authorized to undertake programs for the abatement of aircraft noise under RCW 53.54.010
.
[
2024 c 194 s 5
.]
NOTES:
Reviser's note
—
Sunset Act application:
The port district noise mitigation grant program is subject to review, termination, and possible extension under chapter
43.131
RCW, the Sunset Act. See RCW 43.131.429
. RCW 43.330.610
is scheduled for future repeal under RCW 43.131.430
.
Legislative findings
—
Intent
—
2024 c 194:
See note following RCW 53.54.030
.
RCW 43.330.700
Findings
—
Homeless youth.
(1) The legislature finds that every night thousands of homeless youth in Washington go to sleep without the safety, stability, and support of a family or a home. This population is exposed to an increased level of violence, human trafficking, and exploitation resulting in a higher incidence of substance abuse, illness, and death. The prevention and reduction of youth and young adult homelessness and protection of homeless youth is of key concern to the state. Nothing in chapter 69, Laws of 2015 is meant to diminish the work accomplished by the implementation of Becca legislation but rather, the intent of the legislature is to further enhance the state's efforts in working with unaccompanied homeless youth and runaways to encourage family reconciliation or permanent housing and support through dependency when family reconciliation is not a viable alternative.
(2) Successfully addressing youth and young adult homelessness ensures that homeless youth and young adults in our state have the support they need to thrive and avoid involvement in the justice system, human trafficking, long-term, avoidable use of public benefits, and extended adult homelessness.
(3) Providing appropriate, relevant, and readily accessible services is critical for addressing one-time, episodic, or longer-term homelessness among youth and young adults, and keeping homeless youth and young adults safe, housed, and connected to family.
(4) The coordination of statewide programs to combat youth and young adult homelessness should include programs addressing both youth and young adults. In some instances, best practices mandate that youth programs and young adult programs be segregated in their implementation; however, in other instances, innovative approaches can ensure the health and safety of both populations while serving them together, allowing for alignment with federal programs and funding opportunities, application of adolescent neurodevelopment research, and maximization of capacity to serve more dispersed populations in rural areas. The legislature further finds that the differing needs of these populations should be considered when assessing which programs are relevant and appropriate.
(5) To successfully reduce and prevent youth and young adult homelessness, it is the goal of the legislature to have the following key components available and accessible:
(a) Stable housing: It is the goal of the legislature to provide a safe and healthy place for homeless youth to sleep each night until permanency can be reached. Every homeless young adult in our state deserves access to housing that gives them a safe, healthy, and supported launching pad to adulthood. Every family in crisis should have appropriate support as they work to keep their children housed and safe. It is the goal of the legislature that every homeless youth discharged from a public system of care in our state will not be discharged into homelessness.
(b) Family reconciliation: All homeless youth should have access to services that support reunification with immediate family. When reunification is not possible for homeless youth, youth should be placed in the custody of the department of children, youth, and families.
(c) Permanent connections: Every homeless young adult should have opportunities to establish positive, healthy relationships with adults, including family members, employers, landlords, teachers, and community members, with whom they can maintain connections and from whom they can receive ongoing, long-term support to help them develop the skills and experiences necessary to achieve a successful transition to adulthood.
(d) Education and employment: Every homeless young adult in our state deserves the opportunity and support they need to complete their high school education and pursue additional education and training. It is the goal of the legislature that every homeless young adult in our state will have the opportunity to engage in employment training and be able to access employment. With both education and employment support and opportunities, young adults will have the skills they need to become self-sufficient, self-reliant, and independent.
(e) Social and emotional well-being: Every homeless youth and young adult in our state should have access to both behavioral health care and physical health care. Every state-funded program for homeless youth and young adults must endeavor to identify, encourage, and nurture each youth's strengths and abilities and demonstrate a commitment to youth-centered programming.
[
2019 c 124 s 4
;
2015 c 69 s 4
.]
RCW 43.330.702
Homeless youth
—
Definitions.
The definitions in this section apply throughout this subchapter unless the context clearly requires otherwise.
(1) "Child," "juvenile," "youth," and "minor" means any unemancipated individual who is under the chronological age of eighteen years.
(2) "Homeless" means without a fixed, regular, and adequate nighttime residence as set forth in the federal McKinney-Vento homeless assistance act, P.L. 100–77, July 22, 1987, 101 Stat. 482, and runaway and homeless youth act, P.L. 93–415, Title III, September 7, 1974, 88 Stat. 1129.
(3) "Runaway" means an unmarried and unemancipated minor who is absent from the home of a parent or guardian or other lawful placement without the consent of the parent, guardian, or lawful custodian.
(4) "Street youth" means a person under the age of eighteen who lives outdoors or in another unsafe location not intended for occupancy by the minor and who is not residing with his or her parent or at his or her legally authorized residence.
(5) "Unaccompanied" means a youth or young adult experiencing homelessness while not in the physical custody of a parent or guardian.
(6) "Young adult" means a person between eighteen and twenty-four years of age.
[
2015 c 69 s 3
.]
RCW 43.330.705
Homeless youth
—
Office of homeless youth prevention and protection programs.
(1) There is created the office of homeless youth prevention and protection programs within the department.
(2) Activities of the office of homeless youth prevention and protection programs must be carried out by a director of the office of homeless youth prevention and protection programs, supervised by the director of the department or his or her designee.
(3) The office of homeless youth prevention and protection programs is responsible for leading efforts under this subchapter to coordinate a spectrum of ongoing and future funding, policy, and practice efforts related to homeless youth and improving the safety, health, and welfare of homeless youth in this state.
(4) The measurable goals of the office of homeless youth prevention and protection programs are to: (a) Measurably decrease the number of homeless youth and young adults by identifying programs that address the initial causes of homelessness, and (b) measurably increase permanency rates among homeless youth by decreasing the length and occurrences of youth homelessness caused by a youth's separation from family or a legal guardian.
(5) The office of homeless youth prevention and protection programs shall (a) gather data and outcome measures, (b) initiate data-sharing agreements, (c) develop specific recommendations and timelines to address funding, policy, and practice gaps within the state system for addressing the five key components in RCW 43.330.700, (d) make reports, (e) increase system integration and coordinate efforts to prevent state systems from discharging youth and young adults into homelessness, (f) develop measures to include by county and statewide the number of homeless youth, dependency status, family reunification status, housing status, program participation, and runaway status, and (g) develop a comprehensive plan to encourage identification of youth experiencing homelessness, promote family stability, and eliminate youth and young adult homelessness.
(6)(a) The office of homeless youth prevention and protection programs shall regularly consult with an advisory committee, comprised of advocates, at least two legislators, at least two parent advocates, at least two youth representatives, at least one representative from law enforcement, service providers, and other stakeholders knowledgeable in the provision of services to homeless youth and young adults, including the prevention of youth and young adult homelessness, the dependency system, and family reunification, for a total of twelve members. The advisory committee shall provide guidance and recommendations to the office of homeless youth prevention and protection programs regarding funding, policy, and practice gaps within and among state programs.
(b) The advisory committee must be staffed by the department.
(c) The members of the advisory committee must be appointed by the governor, except for the legislators who must be appointed by the speaker of the house of representatives and the president of the senate.
(d) The advisory committee must have its initial meeting no later than March 1, 2016.
(7) The office of homeless youth prevention and protection programs must be operational no later than January 1, 2016. Transfer of powers, duties, and functions of the department of children, youth, and families to the department of commerce pertaining to youth homeless services and programs identified in RCW 43.330.710
(2) may occur before this date.
[
2019 c 124 s 5
;
2015 c 69 s 5
.]
RCW 43.330.706
Homeless youth
—
Data and outcomes measures
—
Report.
(1) The office of homeless youth prevention and protection programs shall identify data and outcomes measures from which to evaluate future public investment in homeless youth services.
(2) By December 1, 2016, and in compliance with RCW 43.01.036, the office of homeless youth prevention and protection programs must submit a report to the governor and the legislature to inform recommendations for funding, policy, and best practices in the five priority service areas identified in RCW 43.330.700
and present recommendations to address funding, policy, and practice gaps in the state system.
(3) Recommendations must include, but are not limited to: Strategies to enhance coordination between providers of youth homelessness programs and the child welfare system, and strategies for communities to identify homeless youth and ensure their protection and referral to appropriate services, including family reconciliation and transition to dependent status for minors.
[
2015 c 69 s 6
.]
RCW 43.330.710
Homeless youth
—
Office of homeless youth prevention and protection programs
—
Report to the director
—
Grants
—
Program management and oversight.
(1)(a) The office of homeless youth prevention and protection programs shall report to the director or the director's designee.
(b)(i) The office of homeless youth prevention and protection programs may distribute grants to providers who serve homeless youth and young adults throughout the state.
(ii) The grants must fund services in the five key components in RCW 43.330.700
.
(iii) The grants must be expended on a statewide basis and may be used to support direct services, as well as technical assistance, evaluation, and capacity building.
(2) The office of homeless youth prevention and protection programs shall provide management and oversight guidance and direction to the following programs:
(a) HOPE centers as described in RCW 43.185C.315
;
(b) Crisis residential centers as described in RCW 43.185C.295
;
(c) Street outreach services as defined in RCW 43.185C.010
;
(d) Independent youth housing programs as described in RCW 43.63A.305
.
[
2019 c 124 s 6
;
2015 c 69 s 7
.]
RCW 43.330.715
Homeless youth
—
Training program.
(1) The office of homeless youth prevention and protection programs shall establish a statewide training program on homeless youth for criminal justice personnel. The training must include identifying homeless youth, existing laws governing the intersection of law enforcement and homeless youth, and best practices for approaching and engaging homeless youth in appropriate services.
(2) The training must be provided where possible by an entity that has experience in developing coalitions, training, programs, and policy on homeless youth in Washington.
[
2015 c 69 s 8
.]
RCW 43.330.717
Homeless youth
—
Review of state-funded programs.
The joint legislative audit and review committee shall conduct a review of state-funded programs that serve unaccompanied homeless youth under the age of eighteen, including dependent youth, to determine what performance measures exist, what statutory reporting requirements exist, and whether there is reliable data on ages of youth served, length of stay, and effectiveness of program exit and reentry. Where statutory reporting requirements do exist, the joint legislative audit and review committee shall review the programs' compliance with relevant statutory reporting requirements. The committee shall report on what services are provided to unaccompanied homeless youth including, but not limited to: Outreach and other nonshelter services, shelter services, and family reconciliation. The committee is also to report on the number of unaccompanied homeless youth statewide and by county and city and how this number is determined. The programs reviewed may include, but are not limited to, HOPE centers as described in RCW 43.185C.315
and crisis residential centers as described in RCW 43.185C.295
.
[
2015 c 69 s 9
.]
RCW 43.330.720
Unaccompanied youth
—
Publicly funded system of care
—
Department of children, youth, and families and the office of homeless youth prevention and protection programs to develop plan.
(1) In accordance with RCW 43.330.700
(5)(a), it is the goal of the legislature, that beginning January 1, 2021, any unaccompanied youth discharged from a publicly funded system of care in our state will be discharged into safe and stable housing, and that this policy applies to any judicial proceeding through which the youth has been committed to the publicly funded system of care or in any collateral proceeding that involves the custody of the youth in that system.
(2) The department of children, youth, and families and the office of homeless youth prevention and protection programs must jointly develop a plan to ensure that, by December 31, 2020, no unaccompanied youth is discharged from a publicly funded system of care into homelessness. The plan must specify actions that state agencies will need to take, any necessary statutory and funding legislative action, and the assignment of those specific state agency actions to effectuate all parts of the plan. By December 31, 2019, the department of children, youth, and families must issue the plan to the appropriate committees of the legislature and the governor.
(3) For the purposes of this section, "publicly funded system of care" means the child welfare system, the behavioral health system, the juvenile justice system, and programs administered by the office of homeless youth prevention and protection programs.
[
2018 c 157 s 1
.]
RCW 43.330.723
Youth and young adults exiting publicly funded system of care
—
Flexible funding.
(1) The office of homeless youth prevention and protection programs, in coordination with the department of children, youth, and families, shall administer flexible funding, subject to the amounts appropriated for this specific purpose, to support persons under the age of 25 exiting publicly funded systems of care that need discrete support or funding to secure safe housing. The flexible funding provided under this section may be provided for immediate needs of the person. A person may receive support under this section more than once. Uses of the flexible funding provided under this section may include, but are not limited to, the following:
(a) Car repair or other transportation assistance;
(b) Rental application fees, a security deposit, or short-term rental assistance; or
(c) Other uses that will help support the person's housing stability, education, or employment, or meet immediate basic needs.
(2) The flexible funding provided under this section may be given to:
(a) Persons under the age of 25;
(b) Community-based providers, assisting persons under the age of 25 in planning for discharge and successfully discharging from a publicly funded system of care into safe and stable housing; and
(c) Individuals or entities, including landlords, providing safe housing or other housing-related support for persons under the age of 25.
(3) The office of homeless youth prevention and protection programs shall make training available to publicly funded systems of care and other professionals working with youth exiting publicly funded systems of care on how to access the flexible funds created under this section and best practices to divert youth from homelessness.
(4) For purposes of this section, "publicly funded system of care" has the same meaning as provided in RCW 43.330.720
.
[
2022 c 137 s 3
.]
NOTES:
Findings
—
Intent
—
2022 c 137:
"(1) The legislature finds that young people discharging from publicly funded systems of care are at increased risk of homelessness. Youth and young adults experiencing homelessness face traumatic events at a higher rate than their peers who have stable housing. Homelessness has long-term impacts on brain development and well-being and creates barriers to education and employment.
(2) RCW 43.330.720
establishes a goal that any unaccompanied youth discharged from a publicly funded system of care in our state will be discharged into safe and stable housing. The office of homeless youth prevention and protection programs and the department of children, youth, and families published the improving stability for youth exiting systems of care report in 2020 outlining steps to achieve this goal. These steps provide a multipronged approach to ensure youth exit publicly funded systems of care into safe and stable housing, including:
(a) System-level support while youth are in the custody of publicly funded systems of care to ensure effective transition from care;
(b) Community-level connections and services to provide support when youth transition back to the community; and
(c) Resources to secure and maintain stable housing.
(3) The legislature intends to implement community services, system response, and flexible resources to support the goal established under RCW 43.330.720
that youth discharged from publicly funded systems of care are discharged into safe and stable housing with the appropriate supports in place to provide a strong footing." [
2022 c 137 s 1
.]
RCW 43.330.724
Youth and young adults exiting publicly funded system of care
—
Housing stability for youth in crisis pilot programs.
(Expires July 1, 2026.)
(1) Subject to the amounts appropriated for this specific purpose, the office of homeless youth prevention and protection programs shall select, monitor, and provide funding and assistance for a minimum of six total counties that implement housing stability for youth in crisis programs as described in this section for a period of three years.
(2) The housing stability for youth in crisis pilot programs must include the following components:
(a) Regular trainings provided to all appropriate juvenile court staff regarding risk factors and identifiers for youth homelessness;
(b) An identification and referral system used throughout the juvenile court system where all appropriate court staff use routine data flags to identify youth at risk for youth homelessness and refer youth to the housing stability coordinator described under (c) of this subsection;
(c) A dedicated housing stability coordinator in each participating county that receives referrals, conducts housing stability assessments with youth and caregivers, connects youth and caregivers with relevant community providers based on assessments, and follows up on referrals;
(d) A model of homelessness prevention services that provides the appropriate amount of intervention based on the youth or family needs; and
(e) Coordinated housing services for youth experiencing homelessness.
(3) By October 1, 2025, and in compliance with RCW 43.01.036, the office of homeless youth prevention and protection programs shall submit a report to the relevant committees of the legislature and the governor that includes:
(a) An evaluation of the housing stability for youth in crisis programs that includes outcome data for participants;
(b) Recommendations for improving the housing stability for youth in crisis programs; and
(c) Recommendation for expanding the housing stability for youth in crisis programs.
(4) This section expires July 1, 2026.
[
2022 c 137 s 4
.]
NOTES:
Findings
—
Intent
—
2022 c 137:
See note following RCW 43.330.723
.
RCW 43.330.725
Youth and young adults exiting publicly funded system of care
—
System of care grants.
(1) Subject to the amounts appropriated for this specific purpose, the office of homeless youth prevention and protection programs shall provide system of care grants that prevent youth from exiting a publicly funded system of care into homelessness.
(2) The system of care grants funded under this section shall provide support to youth exiting a publicly funded system of care and may include:
(a) Behavioral health services;
(b) Civil legal aid;
(c) Peer navigators and support;
(d) Family reconciliation or engagement services;
(e) Employment support;
(f) Education support;
(g) Case management;
(h) Housing and financial support; or
(i) Other navigation support to secure safe and stable housing.
(3) For purposes of this section, "publicly funded system of care" has the same meaning as provided in RCW 43.330.720
.
[
2022 c 137 s 5
.]
NOTES:
Findings
—
Intent
—
2022 c 137:
See note following RCW 43.330.723
.
RCW 43.330.726
Youth supports and housing
—
Community support teams.
(1) Subject to the amounts appropriated for this specific purpose, the office of homeless youth prevention and protection programs shall provide additional funding and assistance to contracted youth service providers or other entities who convene a community support team as described in this section. The purpose of the community support team is to help identify supports for a youth focused on resolving family conflict and obtaining or maintaining long-term and stable housing.
(a) The community support team is required to prioritize reunification between the youth and the youth's family to the extent possible without endangering the health, safety, or welfare of the child.
(b) The community support team may not engage with a family member other than the youth if the parent, guardian, or legal custodian objects to the support or assistance that is offered or provided.
(2) A community support team under this section must include:
(a) The youth; and
(b) Supportive adults identified by the youth, which may include:
(i) Licensed shelter staff;
(ii) A case manager;
(iii) Individuals from the youth's school;
(iv) Juvenile court staff;
(v) The youth's attorney;
(vi) Behavioral health providers;
(vii) Community support providers;
(viii) Family members;
(ix) Mentors;
(x) Peer support;
(xi) Housing navigation;
(xii) Legal assistance; or
(xiii) Other community members.
(3) The community support team described in this section shall develop a process that allows youth who enter a licensed overnight youth shelter, or another licensed organization with a stated mission to provide services to homeless or runaway youth and their families to request assistance from the community support team.
(4) Any youth who enters a licensed overnight youth shelter, or another licensed organization with a stated mission to provide services to homeless or runaway youth and their families in an area served by the community support team is eligible for the community support team.
(5) The community support team described in this section shall coordinate efforts, if appropriate, with:
(a) The department or the designated contractor of the department providing family reconciliation services to a youth or family;
(b) Multidisciplinary teams established under RCW 43.185C.250
and
43.185C.255
; and
(c) Other nearby youth homelessness assistance programs that may provide assistance to the youth.
[
2023 c 151 s 5
.]
RCW 43.330.732
Definitions.
The definitions in this section apply throughout this subchapter unless the context clearly requires otherwise.
(1) "Approved plans" means retirement plans offered by private sector financial services firms that meet the requirements of this chapter to participate in the marketplace.
(2) "Balanced fund" means a mutual fund that has an investment mandate to balance its portfolio holdings. The fund generally includes a mix of stocks and bonds in varying proportions according to the fund's investment outlook.
(3) "Eligible employer" means a self-employed individual, sole proprietor, or an employer with at least one qualified employee at the time of enrollment.
(4) "Enrollee" means any employee who is voluntarily enrolled in an approved plan offered by an eligible employer through the Washington small business retirement marketplace.
(5) "Participating employer" means any eligible employer with employees enrolled in an approved plan offered through the Washington small business retirement marketplace who chooses to participate in the marketplace and offers approved plans to employees for voluntary enrollment.
(6) "Private sector financial services firms" or "financial services firms" mean persons or entities licensed or holding a certificate of authority and in good standing by either the department of financial institutions or the office of the insurance commissioner and meeting all federal laws and regulations to offer retirement plans.
(7) "Qualified employee" means those workers who are defined by the federal internal revenue service to be eligible to participate in a specific qualified plan.
(8) "Target date or other similar fund" means a hybrid mutual fund that automatically resets the asset mix of stocks, bonds, and cash equivalents in its portfolio according to a selected time frame that is appropriate for a particular investor. A target date is structured to address a projected retirement date.
(9) "Washington small business retirement marketplace" or "marketplace" means the retirement savings program created to connect eligible employers and their employees with approved plans to increase retirement savings.
[
2024 c 327 s 14
;
2015 c 296 s 2
.]
NOTES:
Conflict with federal requirements
—
2024 c 327:
See note following RCW 19.05.020
.
RCW 43.330.735
Washington small business retirement marketplace.
(1) The Washington small business retirement marketplace is created.
(2) Prior to connecting any eligible employer with an approved plan in the marketplace, the director shall design a plan for the operation of the marketplace.
(3) The director shall consult with the Washington state department of retirement systems, the Washington state investment board, and the department of financial institutions in designing and managing the marketplace.
(4) The director shall approve for participation in the marketplace all private sector financial services firms, as defined in RCW 43.330.732
.
(5) A range of investment options must be provided to meet the needs of investors with various levels of risk tolerance and various ages. The director must approve a diverse array of private retirement plan options that are available to employers on a voluntary basis, including but not limited to life insurance plans that are designed for retirement purposes, and plans for eligible employer participation such as a SIMPLE IRA-type plan that provides for employer contributions to participating enrollee accounts.
(6)(a) Prior to approving a plan to be offered on the marketplace, the department must receive verification from the department of financial institutions or the office of the insurance commissioner:
(i) That the private sector financial services firm offering the plan meets the definition in RCW 43.330.732
; and
(ii) That the plan meets the requirements of this section excluding subsection (9) of this section which is subject to federal laws and regulations.
(b) If the plan includes either life insurance or annuity products, or both, the office of the insurance commissioner may request that the department of financial institutions conduct the plan review as provided in (a)(ii) of this subsection prior to submitting its verification to the department.
(c) The director may remove approved plans that no longer meet the requirements of this chapter.
(7) The financial services firms participating in the marketplace must offer a minimum of two product options: (a) A target date or other similar fund, with asset allocations and maturities designed to coincide with the expected date of retirement and (b) a balanced fund.
(8) In order for the marketplace to operate, there must be at least two approved plans on the marketplace; however, nothing in this subsection shall be construed to limit the number of private sector financial services firms with approved plans from participating in the marketplace.
(9) Approved plans must meet federal law or regulation for internal revenue service approved retirement plans.
(10) The approved plans must include the option for enrollees to roll pretax contributions into a different individual retirement account or another eligible retirement plan after ceasing participation in a plan approved by the Washington small business retirement marketplace.
(11) Financial services firms selected by the department to offer approved plans on the marketplace may not charge the participating employer an administrative fee and may not charge enrollees more than one hundred basis points in total annual fees and must provide information about their product's historical investment performance. Financial services firms may charge enrollees a de minimis fee for new and/or low balance accounts in amounts negotiated and agreed upon by the department and financial services firms. The director shall limit plans to those with total fees the director considers reasonable based on all the facts and circumstances.
(12) Participation in the Washington small business retirement marketplace is voluntary for both eligible employers and qualified employees.
(13) Enrollment in any approved plan offered in the marketplace is not an entitlement.
[
2024 c 327 s 15
;
2017 c 69 s 1
;
2015 c 296 s 3
.]
NOTES:
Conflict with federal requirements
—
2024 c 327:
See note following RCW 19.05.020
.
RCW 43.330.737
Private sector contractor's duties
—
Director's duties
—
Rollovers
—
Rules
—
Participation of private sector financial services firms.
(1) The director shall contract with a private sector entity to:
(a) Establish a protocol for reviewing and approving the qualifications of all private sector financial services firms that meet the qualifications to participate in the marketplace;
(b) Design and operate an internet website that includes information about how eligible employers can voluntarily participate in the marketplace;
(c) Develop marketing materials about the marketplace that can be distributed electronically, posted on agency websites that interact with eligible employers, or inserted into mail from the department of revenue, department of labor and industries, employment security department, the office of minority and women's business enterprises, department of licensing, and secretary of state's division of corporations;
(d) Identify and promote existing federal and state tax credits and benefits for employers and employees that are related to encouraging retirement savings or participating in retirement plans; and
(e) Promote the benefits of retirement savings and other information that promotes financial literacy.
(2) The director shall address how rollovers are handled for eligible Washington employers that have workers in other states, and whether out-of-state employees with existing IRA's can roll them into the plans offered through the Washington small business retirement marketplace.
(3) The director shall direct the entity retained pursuant to subsection (1) of this section to assure that licensed professionals who assist their eligible business clients or employees to enroll in a plan offered through the Washington small business retirement marketplace may receive routine, market-based commissions or other compensation for their services.
(4) The director shall ensure by rule that there is objective criteria in the protocol provided in subsection (1)(a) of this section and that the protocol does not provide unfair advantage to the private sector entity which establishes the protocol.
(5) The director shall encourage the participation of private sector financial services firms in the marketplace.
[
2015 c 296 s 4
.]
RCW 43.330.740
Payment of marketplace expenses
—
Use of private and federal funding.
In addition to any appropriated funds, the director may use private funding sources, including private foundation grants, to pay for marketplace expenses. On behalf of the marketplace, the department shall seek federal and private grants and is authorized to accept any funds awarded to the department for use in the marketplace.
[
2015 c 296 s 5
.]
RCW 43.330.742
Federal employment retirement income act liability
—
Prohibition on state-based retirement plan for nonstate employees.
The department shall not expose the state of Washington as an employer or through administration of the marketplace to any potential liability under the federal employee retirement income [security] act of 1974. As such, the department is specifically prohibited from offering and operating a state-based retirement plan for businesses or individuals who are not employed by the state of Washington.
[
2015 c 296 s 6
.]
RCW 43.330.745
Incentive payments.
Using funds specifically appropriated for this purpose, and funds provided by private foundations or other private sector entities, the director may provide incentive payments to participating employers that enroll in the marketplace.
[
2015 c 296 s 7
.]
RCW 43.330.747
Effectiveness and efficiency of the Washington small business retirement marketplace
—
Biennial report.
The director shall report biennially to the legislature on the effectiveness and efficiency of the Washington small business retirement marketplace, including the levels of enrollment and the retirement savings levels of participating enrollees that are obtained in aggregate on a voluntary basis from private sector financial services firms that participate in the marketplace.
[
2015 c 296 s 8
.]
RCW 43.330.750
Rules
—
Rule development process.
The director shall adopt rules necessary to allow the marketplace to operate as authorized by this subchapter. As part of the rule development process, the director shall consult with organizations representing eligible employers, qualified employees, private and nonprofit sector retirement plan administrators and providers, organizations representing private sector financial services firms, and any other individuals or entities that the director determines relevant to the development of an effective and efficient method for operating the marketplace. The director or the director's designee may take the actions necessary to ensure chapter 69, Laws of 2017 is implemented on July 23, 2017.
[
2017 c 69 s 2
;
2015 c 296 s 9
.]
RCW 43.330.760
Intent
—
2021 c 64.
It is the intent of the legislature that Washington retain and build on its leadership in the manufacturing and research and development sectors. The legislature finds that a thriving research and production sector are complimentary and should be promoted in every region of the state. The legislature finds this is critical to provide a strong, resilient tax base for good schools, safe streets, and community optimism. Therefore, the legislature intends to identify and invest in strategies to ensure every geographic region of the state can benefit from a strong manufacturing and research and development base, with the goal of doubling the state's manufacturing employment base, the number of small businesses, and the number of women and minority-owned manufacturing businesses in the next 10 years.
[
2021 c 64 s 2
.]
NOTES:
Short title
—
2021 c 64:
"This act may be known and cited as the Washington BEST manufacturing act." [
2021 c 64 s 1
.]
RCW 43.330.762
Manufacturing
—
Goals and strategies
—
Reports
—
Manufacturing council.
(1) The department is responsible for identifying and developing strategies to help achieve the goals established in RCW 43.330.760
. In support of pursuing the goal, the department must prepare and update each fiscal biennium a report on the state of the manufacturing and research and development industry and workforce. The report must identify progress or challenges the state has encountered in achieving the goals established in RCW 43.330.760
and identify recommendations to the legislature.
(2) The report may include, but not be limited to:
(a) Recommendations for specific actions to develop a manufacturing workforce pipeline and specific manufacturing subsectors that present workforce opportunities or challenges;
(b) Identification of dislocated workers;
(c) Career connected learning opportunities;
(d) A survey of financial aid that can be leveraged to fund training for the manufacturing workforce pipeline, such as Washington college grant opportunities, passport to careers, and prison to postsecondary funding;
(e) Recommendations on improving the state's competitiveness for manufacturing and research and development job retention and creation;
(f) Identification of high-demand advanced manufacturing industries and subsectors globally;
(g) Identification of site selection criteria of advanced manufacturing and research and development projects; and
(h) Recommendations of best practices to streamline environmental permit approval and appeal processes for the purpose of getting manufacturing businesses who want to site or expand in Washington more certainty, faster.
(3) The department must convene a manufacturing council to advise and consult on the development of the report and recommendations.
(a) The director or the director's designee must appoint to the council such persons from the private, nonprofit, and public sectors as may best inform the state's ability to innovate, diversify supply chains, and expand living wage jobs in the manufacturing sector.
(b) Representatives must include small to mid-sized private sector manufacturing businesses, labor and apprenticeship programs, statewide business associations, higher education institutions, and workforce partners. The department must work to ensure:
(i) Equal representation of business and labor on the council;
(ii) That appointees represent every region of the state such that economic diversification across all regions is supported; and
(iii) That the council includes a strong array of voices from women and minority executives and labor in manufacturing.
(4) All state agencies with expertise in workforce development and economic development are encouraged to provide such information and resources as may be requested to inform and facilitate identification and analysis of public policy challenges and potential recommendations for the report in subsections (1) and (2) of this section.
(5) In its first biennial report, the department shall coordinate with the office of the superintendent of public instruction and the state board for community and technical colleges to assess any inadequacy or gaps in delivering hands-on, skills-based learning remotely to all Washingtonians seeking to enter the manufacturing workforce or to be retrained for a transition within the manufacturing workforce.
[
2021 c 64 s 3
.]
NOTES:
Short title
—
2021 c 64:
See note following RCW 43.330.760
.
RCW 43.330.765
Manufacturing
—
Regional strategies
—
Grants.
(1) The department must support the development of regionally tailored strategies to facilitate the continued existence and development of [a] manufacturing workforce across the state.
(2) To support regional manufacturing cluster development and job creation, the department must grant any funding provided in RCW 43.330.767
for initiatives that accelerate the development of regional clusters intended to grow living wage jobs in manufacturing and research and development.
(3) The department is encouraged to consider the creation of regional offices or establishing additional duty stations that facilitate sector leads to be located in the regions most dependent on their sector.
[
2021 c 64 s 4
.]
NOTES:
Short title
—
2021 c 64:
See note following RCW 43.330.760
.
RCW 43.330.767
Manufacturing cluster acceleration account.
(1) The manufacturing cluster acceleration account is created in the state treasury. All receipts from appropriations made to the manufacturing cluster acceleration account shall be deposited into the account. Moneys in the account may be spent only after appropriation.
(2) The department may make expenditures from the account to support regional cluster acceleration strategies, including: Supporting projects to assist manufacturers to diversify their customer base and supply chain, supporting pilot or demonstration manufacturing projects coordination with organized cluster initiatives, and supporting projects that are intended to increase manufacturing and research and development jobs regionally.
(3) The department is encouraged to seek match funds for any funds appropriated to this account and may utilize funds to match nonstate funds being expended on a specific project that aligns with the purpose of this section.
[
2022 c 157 s 1
;
2021 c 64 s 5
.]
NOTES:
Short title
—
2021 c 64:
See note following RCW 43.330.760
.
RCW 43.330.770
Manufacturing
—
Workforce innovation sector lead
—
Reports.
(1) The department must appoint a workforce innovation sector lead, to coordinate workforce activities and needs identified by industry sector leads such as the manufacturing, clean technology, and aerospace sector leads, and connect this work with the lead workforce agencies to inform strategic allocation of funding.
(2) Within existing resources, the department must report to the appropriate committees of the legislature beginning December 1, 2022, and continuing every fourth year thereafter, the progress made in developing, recruiting, and retaining research and development employers and workforce; and a description of how the state's policy toolkit for developing strength in research and development as a sector compares to competitor states.
[
2021 c 64 s 6
.]
NOTES:
Short title
—
2021 c 64:
See note following RCW 43.330.760
.
RCW 43.330.772
Subject to appropriation.
The duties in RCW 43.330.760
through
43.330.770
are subject to the availability of amounts appropriated for the specific purpose.
[
2021 c 64 s 7
.]
NOTES:
Short title
—
2021 c 64:
See note following RCW 43.330.760
.
RCW 43.330.780
Manufacturing
—
Independent assessment and industrial strategy.
(1) The department of commerce must perform an independent assessment of opportunities for Washington to capture new and emerging industries that align with statewide greenhouse gas reduction limits and strengthen its existing manufacturing base. By October 1, 2024, and in compliance with RCW 43.01.036, the department of commerce shall submit the independent assessment to the appropriate committees of the legislature, and shall submit the assessment to the state manufacturing council established in RCW 43.330.762
.
(2) By June 1, 2025, the department of commerce must develop a proactive state industrial strategy that seeks to strengthen and transform Washington's existing manufacturing base and capture new and emerging industries. The strategy should be informed by the independent assessment required by subsection (1) of this section. The manufacturing council convened pursuant to RCW 43.330.762
shall advise and consult on the development of the strategy.
(3) The independent assessment must include, but is not limited to:
(a) Assessing how the transition to net-zero emissions by 2050 will impact the potential futures of manufacturing in Washington, including identifying specific opportunities for Washington to actively seek investment in new and emerging industries and to transform and strengthen the state's existing manufacturing base to meet the needs of a net-zero economy, taking into account the Washington's existing key sectors, job quality, and regional diversity;
(b) Assessing the needs of Washington's existing manufacturers, including supply chain challenges and resources required to meet the statutory greenhouse gas emissions reductions in RCW 70A.45.020
;
(c) Identifying opportunities to build and maximize the environmental and economic benefits of a circular economy for both new and existing industries in building out and strengthening Washington's manufacturing base;
(d) Identifying what is required to attract new private investment and transform and strengthen Washington's existing manufacturing base, including needs related to:
(i) Transportation and port infrastructure;
(ii) Supply chains;
(iii) Workforce; and
(iv) Energy;
(e) Identifying opportunities to support minority and women-owned firms and small and medium-sized firms in capturing new and emerging industries;
(f) Identifying existing and potential future gaps in the state's manufacturing sector that inhibit in-state manufacturers from producing the necessary goods, services, and infrastructure to transition to the net-zero economy and attract new investment in the state to accelerate the in-state production of clean energy product manufacturing; and
(g) Evaluating opportunities for the state's use of public ownership investment in developed and emerging manufacturing industries to address the existing and potential future gaps identified in (f) of this subsection. This evaluation shall provide recommendations on the highest and best uses of public resources as part of the state industrial strategy as provided in subsection (2) of this section.
(4) The workforce assessment referenced in subsection (3)(d)(iii) of this section should: (a) Catalogue and examine how to maximize the use of the existing manufacturing workforce's transferable skills; (b) address any remaining skills gaps and identify opportunities to build a manufacturing workforce pipeline that ensures all current and future Washingtonians have fair access to a manufacturing career by sector; and (c) ensure equitable and accessible pathways and advancement opportunities in manufacturing by sector.
(5) The energy assessment referenced in subsection (3)(d)(iv) of this section should include the quantity, price, and location of electricity necessary to decarbonize and grow Washington's existing manufacturing base and capture new and emerging industries.
(6) The independent assessment will not replace but may inform the work of the manufacturing council created in RCW 43.330.762
to advise and consult on the department of commerce's recommendations to achieve the goals established in RCW 43.330.760
.
[
2023 c 322 s 2
.]
NOTES:
Short title
—
2023 c 322:
"This act may be known and cited as the Washington clean manufacturing leadership act." [
2023 c 322 s 4
.]
RCW 43.330.781
Manufacturing
—
Industrial policy advisor.
(1) The department of commerce must appoint an industrial policy advisor to ensure that Washington state fully leverages available federal funding for manufacturing to meet the state's economic development goals in RCW 43.330.760
and the statutory greenhouse gas emissions reductions in RCW 70A.45.020
and guide the implementation of the state industrial strategy created pursuant to RCW 43.330.780
.
(2) The industrial policy advisor must:
(a) Track federal and other funding opportunities to transform and strengthen existing Washington manufacturers and promote the growth of new and emerging industries;
(b) Alert Washington manufacturers to relevant federal and other funding opportunities;
(c) Support Washington manufacturers in applying for federal and other funding opportunities and in completing required reporting;
(d) Work to ensure that Washington's pursuit of its goals in RCW 43.330.760
and
70A.45.020
are aligned and mutually reinforcing;
(e) Foster interagency and coordination and collaboration, including with the department of commerce sector leads, on manufacturing-related policymaking and activities, including both climate and economic development manufacturing-related policymaking;
(f) Coordinate with the workforce innovation sector lead, particularly with respect to building the manufacturing workforce pipeline; and
(g) Provide quarterly reports to the manufacturing council created in RCW 43.330.762
.
(3) The industry policy advisor may also:
(a) Form expert committees with industry representatives to develop sector-specific strategies for attracting new investment and transforming and strengthening existing manufacturing consistent with the industrial strategy created pursuant to RCW 43.330.780
;
(b) Assist local governments with economic plans to attract new investment and transform and strengthen existing manufacturing consistent with the industrial strategy created pursuant to RCW 43.330.780
; and
(c) Support communities negatively impacted by the closure or relocation of manufacturing facilities by supporting efforts to attract new investment consistent with the industrial strategy created pursuant to RCW 43.330.780
and facilitate the movement of existing skilled manufacturing workers into new industrial sectors.
[
2023 c 322 s 3
.]
NOTES:
Short title
—
2023 c 322:
See note following RCW 43.330.780
.
RCW 43.330.900
References to director and department.
All references to the director or department of community, trade, and economic development in the Revised Code of Washington shall be construed to mean the director of commerce or the department of commerce.
[
2009 c 565 s 17
;
1993 c 280 s 79
.]
RCW 43.330.901
Captions.
Captions used in this chapter do not constitute part of the law.
[
1993 c 280 s 83
.]
RCW 43.330.902
Effective date
—
1993 c 280.
Sections 1 through 7, 9 through 79, 82, and 83 of this act shall take effect March 1, 1994.
[
1994 c 5 s 2
;
1993 c 280 s 86
.]
RCW 43.330.9021
Effective date
—
1994 c 5.
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 shall take effect March 1, 1994.
[
1994 c 5 s 3
.]
RCW 43.330.904
Transfer of certain state energy office powers, duties, and functions
—
References to director
—
Appointment of assistant director.
(1) All powers, duties, and functions of the state energy office relating to energy resource policy and planning and energy facility siting are transferred to the department of commerce. All references to the director or the state energy office in the Revised Code of Washington shall be construed to mean the director or the department of commerce when referring to the functions transferred in this section.
The director shall appoint an assistant director for energy policy, and energy policy staff shall have no additional responsibilities beyond activities concerning energy policy.
(2)(a) All reports, documents, surveys, books, records, files, papers, or written material in the possession of the state energy office pertaining to the powers, functions, and duties transferred shall be delivered to the custody of the department of commerce. All cabinets, furniture, office equipment, software, database, motor vehicles, and other tangible property employed by the state energy office in carrying out the powers, functions, and duties transferred shall be made available to the department of commerce.
(b) Any appropriations made to the state energy office for carrying out the powers, functions, and duties transferred shall, on July 1, 1996, be transferred and credited to the department of commerce.
(c) Whenever any question arises as to the transfer of any funds, books, documents, records, papers, files, software, database, equipment, or other tangible property used or held in the exercise of the powers and the performance of the duties and functions transferred, the director of financial management shall make a determination as to the proper allocation and certify the same to the state agencies concerned.
(3) All employees of the state energy office engaged in performing the powers, functions, and duties pertaining to the energy facility site evaluation council are transferred to the jurisdiction of the department of commerce. All employees engaged in energy facility site evaluation council duties classified under chapter
41.06
RCW, the state civil service law, are assigned to the department of commerce to perform their usual duties upon the same terms as formerly, without any loss of rights, subject to any action that may be appropriate thereafter in accordance with the laws and rules governing state civil service.
(4) All rules and all pending business before the state energy office pertaining to the powers, functions, and duties transferred shall be continued and acted upon by the department of commerce. All existing contracts and obligations shall remain in full force and shall be performed by the department of commerce.
(5) The transfer of the powers, duties, and functions of the state energy office does not affect the validity of any act performed before July 1, 1996.
(6) If apportionments of budgeted funds are required because of the transfers directed by this section, the director of the office of financial management shall certify the apportionments to the agencies affected, the state auditor, and the state treasurer. Each of these shall make the appropriate transfer and adjustments in funds and appropriation.
(7) The department of commerce shall direct the closure of the financial records of the state energy office.
(8) Responsibility for implementing energy education, applied research, and technology transfer programs rests with Washington State University. The department of commerce shall provide Washington State University available existing and future oil overcharge restitution and federal energy block funding for a minimum period of five years to carry out energy programs under an interagency agreement with the department of commerce. The interagency agreement shall also outline the working relationship between the department of commerce and Washington State University as it pertains to the relationship between energy policy development and public outreach. Nothing in chapter 186, Laws of 1996 prohibits Washington State University from seeking grant, contract, or fee-for-service funding for energy or related programs directly from other entities.
[
2023 c 470 s 2082
;
1996 c 186 s 101
.]
NOTES:
Explanatory statement
—
2023 c 470:
See note following RCW 10.99.030
.
Findings
—
Intent
—
1996 c 186:
"The legislature finds responsibilities of state government need to be limited to core services in support of public safety and welfare. Services provided by the Washington state energy office are primarily advisory and can be eliminated. The legislature further finds a need to redefine the state's role in energy-related regulatory functions. The state may be better served by allowing regulatory functions to be performed by other appropriate entities, simplifying state government while maintaining core services. Further, it is the intent of the legislature that the state continue to receive oil overcharge restitution funds for our citizens while every effort is being made to maximize federal funds available for energy conservation purposes." [
1996 c 186 s 1
.]
Part headings not law
—
1996 c 186:
"Part headings used in this act do not constitute part of the law." [
1996 c 186 s 602
.]
Effective date
—
1996 c 186:
"This act shall take effect July 1, 1996." [
1996 c 186 s 603
.]
RCW 43.330.905
Transfer of powers, duties, and functions pertaining to county public health assistance.
(1) All powers, duties, and functions of the department of commerce pertaining to county public health assistance are transferred to the department of health. All references to the director or the department of commerce in the Revised Code of Washington shall be construed to mean the secretary or the department of health when referring to the functions transferred in this section.
(2)(a) All reports, documents, surveys, books, records, files, papers, or written material in the possession of the department of commerce pertaining to the powers, functions, and duties transferred shall be delivered to the custody of the department of health. All cabinets, furniture, office equipment, motor vehicles, and other tangible property employed by the department of commerce in carrying out the powers, functions, and duties transferred shall be made available to the department of health. All funds, credits, or other assets held in connection with the powers, functions, and duties transferred shall be assigned to the department of health.
(b) Any appropriations made to the department of commerce for carrying out the powers, functions, and duties transferred shall, on July 1, 2010, be transferred and credited to the department of health.
(c) Whenever any question arises as to the transfer of any personnel, funds, books, documents, records, papers, files, equipment, or other tangible property used or held in the exercise of the powers and the performance of the duties and functions transferred, the director of financial management shall make a determination as to the proper allocation and certify the same to the state agencies concerned.
(3) All employees of the department of commerce engaged in performing the powers, functions, and duties transferred are transferred to the jurisdiction of the department of health. All employees classified under chapter
41.06
RCW, the state civil service law, are assigned to the department of health to perform their usual duties upon the same terms as formerly, without any loss of rights, subject to any action that may be appropriate thereafter in accordance with the laws and rules governing state civil service.
(4) All rules and all pending business before the department of commerce pertaining to the powers, functions, and duties transferred shall be continued and acted upon by the department of health. All existing contracts and obligations shall remain in full force and shall be performed by the department of health.
(5) The transfer of the powers, duties, functions, and personnel of the department of commerce shall not affect the validity of any act performed before July 1, 2010.
(6) If apportionments of budgeted funds are required because of the transfers directed by this section, the director of financial management shall certify the apportionments to the agencies affected, the state auditor, and the state treasurer. Each of these shall make the appropriate transfer and adjustments in funds and appropriation accounts and equipment records in accordance with the certification.
(7) All classified employees of the department of commerce assigned to the department of health under this section whose positions are within an existing bargaining unit description at the department of health shall become a part of the existing bargaining unit at the department of health and shall be considered an appropriate inclusion or modification of the existing bargaining unit under the provisions of chapter
41.80
RCW.
[
2010 c 271 s 102
.]
NOTES:
Purpose
—
Effective date
—
2010 c 271:
See notes following RCW 43.330.005
.
RCW 43.330.907
Transfer of powers, duties, and functions pertaining to administrative and support services for the building code council.
(1) All powers, duties, and functions of the department of commerce pertaining to administrative and support services for the state building code council are transferred to the department of enterprise services. All references to the director or the department of commerce in the Revised Code of Washington shall be construed to mean the director or the department of enterprise services when referring to the functions transferred in this section. Policy and planning assistance functions performed by the department of commerce remain with the department of commerce.
(2)(a) All reports, documents, surveys, books, records, files, papers, or written material in the possession of the department of commerce pertaining to the powers, functions, and duties transferred shall be delivered to the custody of the department of enterprise services. All cabinets, furniture, office equipment, motor vehicles, and other tangible property employed by the department of commerce in carrying out the powers, functions, and duties transferred shall be made available to the department of enterprise services. All funds, credits, or other assets held in connection with the powers, functions, and duties transferred shall be assigned to the department of enterprise services.
(b) Any appropriations made to the department of commerce for carrying out the powers, functions, and duties transferred shall, on July 1, 2010, be transferred and credited to the department of enterprise services.
(c) Whenever any question arises as to the transfer of any personnel, funds, books, documents, records, papers, files, equipment, or other tangible property used or held in the exercise of the powers and the performance of the duties and functions transferred, the director of financial management shall make a determination as to the proper allocation and certify the same to the state agencies concerned.
(3) All employees of the department of commerce engaged in performing the powers, functions, and duties transferred are transferred to the jurisdiction of the department of enterprise services. All employees classified under chapter
41.06
RCW, the state civil service law, are assigned to the department of enterprise services to perform their usual duties upon the same terms as formerly, without any loss of rights, subject to any action that may be appropriate thereafter in accordance with the laws and rules governing state civil service.
(4) All rules and all pending business before the department of commerce pertaining to the powers, functions, and duties transferred shall be continued and acted upon by the department of enterprise services. All existing contracts and obligations shall remain in full force and shall be performed by the department of enterprise services.
(5) The transfer of the powers, duties, functions, and personnel of the department of commerce shall not affect the validity of any act performed before July 1, 2010.
(6) If apportionments of budgeted funds are required because of the transfers directed by this section, the director of financial management shall certify the apportionments to the agencies affected, the state auditor, and the state treasurer. Each of these shall make the appropriate transfer and adjustments in funds and appropriation accounts and equipment records in accordance with the certification.
(7) All classified employees of the department of commerce assigned to the department of enterprise services under this section whose positions are within an existing bargaining unit description at the department of enterprise services shall become a part of the existing bargaining unit at the department of enterprise services and shall be considered an appropriate inclusion or modification of the existing bargaining unit under the provisions of chapter
41.80
RCW.
[
2015 c 225 s 93
;
2010 c 271 s 308
.]
NOTES:
Purpose
—
Effective date
—
2010 c 271:
See notes following RCW 43.330.005
.
RCW 43.330.908
Transfer of powers, duties, and functions pertaining to the drug prosecution assistance program.
(1) All powers, duties, and functions of the department of commerce pertaining to the drug prosecution assistance program are transferred to the criminal justice training commission. All references to the director or the department of commerce in the Revised Code of Washington shall be construed to mean the director or the criminal justice training commission when referring to the functions transferred in this section.
(2)(a) All reports, documents, surveys, books, records, files, papers, or written material in the possession of the department of commerce pertaining to the powers, functions, and duties transferred shall be delivered to the custody of the criminal justice training commission. All cabinets, furniture, office equipment, motor vehicles, and other tangible property employed by the department of commerce in carrying out the powers, functions, and duties transferred shall be made available to the criminal justice training commission. All funds, credits, or other assets held in connection with the powers, functions, and duties transferred shall be assigned to the criminal justice training commission.
(b) Any appropriations made to the department of commerce for carrying out the powers, functions, and duties transferred shall, on July 1, 2010, be transferred and credited to the criminal justice training commission.
(c) Whenever any question arises as to the transfer of any personnel, funds, books, documents, records, papers, files, equipment, or other tangible property used or held in the exercise of the powers and the performance of the duties and functions transferred, the director of financial management shall make a determination as to the proper allocation and certify the same to the state agencies concerned.
(3) All employees of the department of commerce engaged in performing the powers, functions, and duties transferred are transferred to the jurisdiction of the criminal justice training commission. All employees classified under chapter
41.06
RCW, the state civil service law, are assigned to the criminal justice training commission to perform their usual duties upon the same terms as formerly, without any loss of rights, subject to any action that may be appropriate thereafter in accordance with the laws and rules governing state civil service.
(4) All rules and all pending business before the department of commerce pertaining to the powers, functions, and duties transferred shall be continued and acted upon by the criminal justice training commission. All existing contracts and obligations shall remain in full force and shall be performed by the criminal justice training commission.
(5) The transfer of the powers, duties, functions, and personnel of the department of commerce shall not affect the validity of any act performed before July 1, 2010.
(6) If apportionments of budgeted funds are required because of the transfers directed by this section, the director of financial management shall certify the apportionments to the agencies affected, the state auditor, and the state treasurer. Each of these shall make the appropriate transfer and adjustments in funds and appropriation accounts and equipment records in accordance with the certification.
(7) All classified employees of the department of commerce assigned to the criminal justice training commission under this section whose positions are within an existing bargaining unit description at the criminal justice training commission shall become a part of the existing bargaining unit at the criminal justice training commission and shall be considered an appropriate inclusion or modification of the existing bargaining unit under the provisions of chapter
41.80
RCW.
[
2010 c 271 s 502
.]
NOTES:
Purpose
—
Effective date
—
2010 c 271:
See notes following RCW 43.330.005
.
RCW 43.330.909
Transfer of powers, duties, and functions pertaining to the energy facility site evaluation council.
(1) All administrative powers, duties, and functions of the department of commerce pertaining to the energy facility site evaluation council are transferred to the Washington utilities and transportation commission. All references to the director or the department of commerce in the Revised Code of Washington shall be construed to mean the Washington utilities and transportation commission when referring to the functions transferred in this section.
(2)(a) All reports, documents, surveys, books, records, files, papers, or written material in the possession of the department of commerce pertaining to the powers, functions, and duties transferred shall be delivered to the custody of the Washington utilities and transportation commission. All cabinets, furniture, office equipment, motor vehicles, and other tangible property employed by the department of commerce in carrying out the powers, functions, and duties transferred shall be made available to the Washington utilities and transportation commission. All funds, credits, or other assets held in connection with the powers, functions, and duties transferred shall be assigned to the Washington utilities and transportation commission.
(b) Any appropriations made to the department of commerce for carrying out the powers, functions, and duties transferred shall, on July 1, 2010, be transferred and credited to the Washington utilities and transportation commission.
(c) Whenever any question arises as to the transfer of any personnel, funds, books, documents, records, papers, files, equipment, or other tangible property used or held in the exercise of the powers and the performance of the duties and functions transferred, the director of financial management shall make a determination as to the proper allocation and certify the same to the state agencies concerned.
(3) All employees of the department of commerce engaged in performing the powers, functions, and duties transferred are transferred to the jurisdiction of the Washington utilities and transportation commission. All employees classified under chapter
41.06
RCW, the state civil service law, are assigned to the Washington utilities and transportation commission to perform their usual duties upon the same terms as formerly, without any loss of rights, subject to any action that may be appropriate thereafter in accordance with the laws and rules governing state civil service.
(4) All rules and all pending business before the department of commerce pertaining to the powers, functions, and duties transferred shall be continued and acted upon by the Washington utilities and transportation commission. All existing contracts and obligations shall remain in full force and shall be performed by the Washington utilities and transportation commission.
(5) The transfer of the powers, duties, functions, and personnel of the department of commerce shall not affect the validity of any act performed before July 1, 2010.
(6) If apportionments of budgeted funds are required because of the transfers directed by this section, the director of financial management shall certify the apportionments to the agencies affected, the state auditor, and the state treasurer. Each of these shall make the appropriate transfer and adjustments in funds and appropriation accounts and equipment records in accordance with the certification.
(7) All classified employees of the department of commerce assigned to the Washington utilities and transportation commission under this section whose positions are within an existing bargaining unit description at the Washington utilities and transportation commission shall become a part of the existing bargaining unit at the Washington utilities and transportation commission and shall be considered an appropriate inclusion or modification of the existing bargaining unit under the provisions of chapter
41.80
RCW.
[
2010 c 271 s 602
.]
NOTES:
Purpose
—
Effective date
—
2010 c 271:
See notes following RCW 43.330.005
.
RCW 43.330.910
Transfer of certain powers, duties, and functions of the department of information services
—
High-speed internet activities.
(1) All powers, duties, and functions of the department of information services pertaining to high-speed internet activities are transferred to the department of commerce. All references to the director or the department of information services in the Revised Code of Washington shall be construed to mean the director or the department of commerce when referring to the functions transferred in this section.
(2)(a) All reports, documents, surveys, books, records, files, papers, or written material in the possession of the department of information services pertaining to the powers, functions, and duties transferred shall be delivered to the custody of the department of commerce. All cabinets, furniture, office equipment, motor vehicles, and other tangible property employed by the department of information services in carrying out the powers, functions, and duties transferred shall be made available to the department of commerce. All funds, credits, or other assets held in connection with the powers, functions, and duties transferred shall be assigned to the department of commerce.
(b) Any appropriations made to the department of information services for carrying out the powers, functions, and duties transferred shall, on October 1, 2011, be transferred and credited to the department of commerce.
(c) Whenever any question arises as to the transfer of any personnel, funds, books, documents, records, papers, files, equipment, or other tangible property used or held in the exercise of the powers and the performance of the duties and functions transferred, the director of financial management shall make a determination as to the proper allocation and certify the same to the state agencies concerned.
(3) All employees of the department of information services engaged in performing the powers, functions, and duties transferred are transferred to the jurisdiction of the department of commerce. All employees classified under chapter
41.06
RCW, the state civil service law, are assigned to the department of commerce to perform their usual duties upon the same terms as formerly, without any loss of rights, subject to any action that may be appropriate thereafter in accordance with the laws and rules governing state civil service.
(4) All rules and all pending business before the department of information services pertaining to the powers, functions, and duties transferred shall be continued and acted upon by the department of commerce. All existing contracts and obligations shall remain in full force and shall be performed by the department of commerce.
(5) The transfer of the powers, duties, functions, and personnel of the department of information services shall not affect the validity of any act performed before October 1, 2011.
(6) If apportionments of budgeted funds are required because of the transfers directed by this section, the director of financial management shall certify the apportionments to the agencies affected, the state auditor, and the state treasurer. Each of these shall make the appropriate transfer and adjustments in funds and appropriation accounts and equipment records in accordance with the certification.
(7) All classified employees of the department of information services assigned to the department of commerce under this section whose positions are within an existing bargaining unit description at the department of commerce shall become a part of the existing bargaining unit at the department of commerce and shall be considered an appropriate inclusion or modification of the existing bargaining unit under the provisions of chapter
41.80
RCW.
[
2011 1st sp.s. c 43 s 1008
.]
NOTES:
Effective date
—
Purpose
—
2011 1st sp.s. c 43:
See notes following RCW 43.19.003
.
RCW 43.330.911
Short title
—
2015 c 69.
This act may be known and cited as the "homeless youth prevention and protection act."
[
2015 c 69 s 2
.]
RCW 43.330.912
Conflict with federal requirements
—
2015 c 296.
If any part of this act is found to be in conflict with federal requirements that are a prescribed condition to the allocation of federal funds to the state, the conflicting part of this act is inoperative solely to the extent of the conflict and with respect to the agencies directly affected, and this finding does not affect the operation of the remainder of this act in its application to the agencies concerned. Rules adopted under this act must meet federal requirements that are a necessary condition to the receipt of federal funds by the state.
[
2015 c 296 s 11
.]