reglab/statecodes huggingface dataset:
2023 Revised Code of Washington › Title 43 - State Government—Executive › Chapter 43.340 - Tobacco Settlement Authority. › 43.340.020 - Tobacco settlement authority—Governing board—Meetings—Staff support.

RCW 43.340.020
Tobacco settlement authority—Governing board—Meetings—Staff support.
(1) The tobacco settlement authority is created and constitutes a public instrumentality and agency of the state, separate and distinct from the state, exercising public and essential governmental functions. The authority is a public body within the meaning of RCW 39.53.010.
(2) The powers of the authority are vested in and shall be exercised by a board consisting of five directors appointed by the governor, one of whom shall be appointed by the governor as chair of the authority and who shall serve on the authority and as chair of the authority at the pleasure of the governor. The governor shall make the initial appointments no later than thirty days after April 4, 2002. The term of the directors, other than the chair, shall be four years from the date of their appointment, except that the terms of two of the initial appointees, as determined by the governor, shall be for two years from the date of their appointment. A director may be removed by the governor for cause under RCW 43.06.070 and 43.06.080. The governor shall fill any vacancy on the board by appointment for the remainder of the unexpired term. The members of the authority shall be compensated in accordance with RCW 43.03.240 and may be reimbursed, solely from the funds of the authority, for expenses incurred in the discharge of their duties under this chapter, subject to RCW 43.03.050 and 43.03.060.
(3) Three members of the board constitute a quorum.
(4) The members shall elect a treasurer and secretary annually, and other officers as the members determine necessary.
(5) Meetings of the board shall be held in accordance with the open public meetings act, chapter 42.30 RCW, and at the call of the chair or when a majority of the members so requests. Meetings of the board may be held at any location within or out of the state, and members of the board may participate in a meeting of the board by means of a conference telephone or similar communication equipment under RCW 23B.08.200.
(6) The staff of the state housing finance commission under chapter 43.180 RCW shall provide administrative and staff support to the authority and shall be compensated for its services solely from the funds of the authority.
[ 2002 c 365 § 3.]
2023 Revised Code of Washington › Title 43 - State Government—Executive › Chapter 43.340 - Tobacco Settlement Authority. › 43.340.030 - Tobacco settlement authority—Powers—Rule-making authority.

RCW 43.340.030
Tobacco settlement authority—Powers—Rule-making authority.
(1) The authority has all the general powers necessary to carry out its purposes and duties and to exercise its specific powers. In addition to other powers specified in this chapter, the authority may:
(a) Sue and be sued in its own name;
(b) Make and execute agreements, contracts, and other instruments, with any public or private person, in accordance with this chapter;
(c) Employ, contract with, or engage independent counsel, bond counsel, other attorneys, financial advisors, investment bankers, auditors, other technical or professional assistants, and such other personnel as are necessary and recommended by the state housing finance commission staff;
(d) Invest or deposit moneys of the authority in any manner determined by the authority and enter into hedge agreements, swap agreements, or other financial products, including payment agreements defined under RCW 39.96.020(5). The authority is not a governmental entity for purposes of chapter 39.96 RCW;
(e) Establish such special funds, and controls on deposits to and disbursements from them, as it finds convenient for the implementation of this chapter;
(f) Procure insurance, other credit enhancements, and other financing arrangements for its bonds to fulfill its purposes under this chapter, including but not limited to municipal bond insurance and letters of credit;
(g) Accept appropriations, gifts, grants, loans, or other aid from public or private entities;
(h) Adopt rules, consistent with this chapter, as the board determines necessary;
(i) Delegate any of its powers and duties if consistent with the purposes of this chapter; and
(j) Exercise any other power reasonably required to implement the purposes of this chapter.
(2) The authority does not have the power of eminent domain and does not have the power to levy taxes of any kind.
[ 2002 c 365 § 6.]
2023 Revised Code of Washington › Title 43 - State Government—Executive › Chapter 43.340 - Tobacco Settlement Authority. › 43.340.040 - Financing powers.

RCW 43.340.040
Financing powers.
In addition to other powers and duties prescribed in this chapter, the authority is empowered to:
(1) Establish a stable source of revenue to be used for the purposes designated in this chapter;
(2) Enter into sales agreements with the state for purchase of a portion of the amounts otherwise due to the state under the master settlement agreement, and of the state's rights to receive such amounts;
(3) Issue bonds, the interest and gain on which may or may not be exempt from general federal income taxation, in one or more series, and to refund or refinance its debt and obligations;
(4) Sell, pledge, or assign, as security, all or a portion of the revenues derived by the authority under any sales agreement, to provide for and secure the issuance of its bonds;
(5) Provide for the investment of any funds, including funds held in reserve, not required for immediate disbursement, and provide for the selection of investments;
(6) Manage its funds, obligations, and investments as necessary and as consistent with its purpose; and
(7) Implement the purposes of this chapter.
[ 2002 c 365 § 5.]
2023 Revised Code of Washington › Title 43 - State Government—Executive › Chapter 43.340 - Tobacco Settlement Authority. › 43.340.060 - Bonds—Obligations of authority—Not obligations of state.

RCW 43.340.060
Bonds—Obligations of authority—Not obligations of state.
(1) Bonds issued under this chapter shall be issued in the name of the authority. The bonds shall not be obligations of the state of Washington and shall be obligations only of the authority, payable solely from the special fund or funds created by the authority for their payment.
(2) Bonds issued under this chapter shall contain a recital on their face to the effect that payment of the principal of, interest on, and prepayment premium, if any, on the bonds shall be a valid claim only as against the special fund or funds relating thereto, that neither the faith and credit nor the taxing power of the state or any municipal corporation, subdivision, or agency of the state, other than the authority as set forth in this chapter, is pledged to the payment of the principal of, interest on, and prepayment premium, if any, on the bonds.
(3) Contracts entered into by the authority shall be entered into in the name of the authority and not in the name of the state of Washington. The obligations of the authority under the contracts shall be obligations only of the authority and are not in any way obligations of the state of Washington.
[ 2002 c 365 § 4.]
2023 Revised Code of Washington › Title 43 - State Government—Executive › Chapter 43.340 - Tobacco Settlement Authority. › 43.340.070 - Bonds—Legal investments.

RCW 43.340.070
Bonds—Legal investments.
Bonds issued under this chapter are hereby made securities in which all insurance companies, trust companies in their commercial departments, savings banks, cooperative banks, banking associations, investment companies, executors, trustees and other fiduciaries, and all other persons whatsoever who are now or may hereafter be authorized to invest in obligations of the state may properly and legally invest funds, including capital in their control or belonging to them.
[ 2002 c 365 § 9.]
2023 Revised Code of Washington › Title 43 - State Government—Executive › Chapter 43.340 - Tobacco Settlement Authority. › 43.340.090 - Limitation of liability.

RCW 43.340.090
Limitation of liability.
Members of the board and persons acting in the authority's behalf, while acting within the scope of their employment or agency, are not subject to personal liability resulting from carrying out the powers and duties conferred on them under this chapter.
[ 2002 c 365 § 10.]
2023 Revised Code of Washington › Title 43 - State Government—Executive › Chapter 43.340 - Tobacco Settlement Authority. › 43.340.100 - Bankruptcy—Contractual obligation to contain section.

RCW 43.340.100
Bankruptcy—Contractual obligation to contain section.
Prior to the date that is three hundred sixty-six days after which the authority no longer has any bonds outstanding, the authority is prohibited from filing a voluntary petition under chapter 9 of the federal bankruptcy code or such corresponding chapter or section as may, from time to time, be in effect, and a public official or organization, entity, or other person shall not authorize the authority to be or become a debtor under chapter 9 or any successor or corresponding chapter or sections during such periods. This section shall be part of any contractual obligation owed to the holders of bonds issued under this chapter. Any such contractual obligation shall not subsequently be modified by state law during the period of the contractual obligation.
[ 2002 c 365 § 11.]
2023 Revised Code of Washington › Title 43 - State Government—Executive › Chapter 43.340 - Tobacco Settlement Authority. › 43.340.110 - Dissolution of authority.

RCW 43.340.110
Dissolution of authority.
The authority shall dissolve no later than two years from the date of final payment of all of its outstanding bonds and the satisfaction of all outstanding obligations of the authority, except to the extent necessary to remain in existence to fulfill any outstanding covenants or provisions with bondholders or third parties made in accordance with this chapter. Upon dissolution of the authority, all assets of the authority shall be returned to the state and shall be deposited in the state general fund, and the authority shall execute any necessary assignments or instruments, including any assignment of any right, title, or ownership to the state for receipt of payments under the master settlement agreement.
[ 2002 c 365 § 12.]
2023 Revised Code of Washington › Title 43 - State Government—Executive › Chapter 43.340 - Tobacco Settlement Authority. › 43.340.130 - Appeals bonds—Amounts.

RCW 43.340.130
Appeals bonds—Amounts.
(1) Except as provided in subsection (2) of this section, in order to secure and protect the moneys to be received as a result of the master settlement agreement in civil litigation under any legal theory involving a signatory, a successor of a signatory, or any affiliate of a signatory to the master settlement agreement, the supersedeas bond to be furnished in order to stay the execution of the judgment during the entire course of appellate review shall be set in accordance with applicable laws or court rules, except that the total bond that is required of all appellants collectively shall not exceed one hundred million dollars, regardless of the value of the judgment.
(2) If an appellee proves by a preponderance of the evidence that an appellant is dissipating assets outside the ordinary course of business to avoid the payment of a judgment, a court may require the appellant to post a bond in an amount up to the amount of the judgment.
[ 2006 c 246 § 2.]
NOTES:
Findings—Intent—2006 c 246: "(1) The legislature finds that:
(a) Over the past five years, Washington has received more than seven hundred million dollars from the tobacco master settlement agreement;
(b) While the state has securitized a portion of the moneys it was promised under the master settlement agreement, the remainder of the master settlement agreement payments is used to fund important health programs such as the state's basic health plan, children's health insurance, childhood vaccines, and public health;
(c) Litigation now pending in the state or filed in the future could result in damage awards against master settlement agreement signatories or their successors or affiliates that are so large that the defendants could obtain a stay of the execution of the judgment while they appeal only by declaring bankruptcy, rather than posting an appeal bond under state law;
(d) Should a master settlement agreement signatory declare bankruptcy, issues might be raised about whether that disrupts or jeopardizes the payments that fund important state programs;
(e) The legislature has the substantive obligation to raise revenue and to protect the financial well-being of the state and its citizens. Pursuant to that obligation, it is the legislature's responsibility to ensure the continued receipt of master settlement agreement funds to the maximum extent possible.
(2) Therefore, the legislature intends to place a maximum limit on the appeal bond a master settlement agreement signatory or a successor or affiliate of a master settlement agreement signatory can be required to post in litigation in order to stay execution of the judgment without being forced into bankruptcy while it exercises its right to appeal an adverse judgment." [ 2006 c 246 § 1.]
Application—2006 c 246: "This act applies to all actions pending on or filed on or after June 7, 2006." [ 2006 c 246 § 3.]
2023 Revised Code of Washington › Title 43 - State Government—Executive › Chapter 43.340 - Tobacco Settlement Authority. › 43.340.902 - Effective date—2002 c 365.

RCW 43.340.902
Effective date—2002 c 365.
This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately [April 4, 2002].
[ 2002 c 365 § 19.]
2023 Revised Code of Washington › Title 43 - State Government—Executive › Chapter 43.348 - Andy Hill Cancer Research Endowment. › 43.348.005 - Findings—Intent.

RCW 43.348.005
Findings—Intent.
(1) The legislature finds the following:
(a) Washington has an existing infrastructure of world-class cancer research and care centers for children and adults that can develop and apply new techniques for the prevention of cancer and care of cancer patients throughout Washington;
(b) Sustained investment in cancer research, prevention, and care is critical to reducing long-term health costs, saving lives, and relieving pain and suffering;
(c) Promoting the health of state residents is a fundamental public purpose and governmental function. Action to promote cancer research and prevention to improve the quality of life of the people of Washington is consistent with this fundamental public purpose; and
(d) Additional public resources dedicated exclusively to cancer research will provide sustained investment in cancer research to the benefit of the people of Washington.
(2) It is the intent of the legislature in enacting chapter 34, Laws of 2015 3rd sp. sess. to:
(a) Optimize the use of public funds by giving priority to research utilizing the best science and technology with the greatest potential to improve health outcomes;
(b) Increase the value of our public investments by leveraging our state's existing cancer research facilities and talent, as well as clinical and therapeutic resources;
(c) Incentivize additional investment by requiring private or other nonstate resources to match public funds;
(d) Protect and benefit Washington taxpayers by funding proposals for cancer research that are reviewed by an independent scientific panel;
(e) Require fiscal and public accountability through independent audits, open public meetings and hearings, and annual reports to the public; and
(f) Create jobs and encourage investments that will generate new tax revenues in our state, and advance the biotech, medical device, and health care information technology industries in Washington.
[ 2015 3rd sp.s. c 34 § 1.]
2023 Revised Code of Washington › Title 43 - State Government—Executive › Chapter 43.348 - Andy Hill Cancer Research Endowment. › 43.348.010 - Definitions.

RCW 43.348.010
Definitions.
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
(1) "Board" means the governing board of the endowment.
(2) "Cancer" means a group of diseases involving unregulated cell growth.
(3) "Cancer patient advocacy organizations" means groups with offices in the state that promote cancer prevention and advocate on behalf of cancer patients.
(4) "Cancer research" means advanced and applied research and development relating to the causes, prevention, and diagnosis of cancer and care of cancer patients including the development of tests, genetic analysis, medications, processes, services, and technologies to optimize cancer therapies and their manufacture and commercialization and includes the costs of recruiting scientists and establishing and equipping research facilities.
(5) "Commercial entity" means a for-profit entity located in the state that develops, manufactures, or sells goods or services relating to cancer prevention or care.
(6) "Committee" means an independent expert scientific review and advisory committee established under RCW 43.348.050.
(7) "Contribution agreement" means any agreement authorized under this chapter in which a private entity or a public entity other than the state agrees to provide to the endowment contributions for the purpose of cancer research, prevention, or care.
(8) "Costs" means the costs and expenses associated with the conduct of research, prevention, and care including, but not limited to, the cost of recruiting and compensating personnel, securing and financing facilities and equipment, and conducting clinical trials.
(9) "Department" means the department of commerce.
(10) "Endowment" means the Andy Hill cancer research endowment.
(11) "Fund" means the Andy Hill cancer research fund created in RCW 43.348.060(1)(b).
(12) "Health care delivery system" means hospitals and clinics providing care to patients in the state.
(13) "Life sciences research" means advanced and applied research and development intended to improve human health, including scientific study of the developing brain and human learning and development, and other areas of scientific research and development vital to the state's economy.
(14) "Prevention" means measures to prevent the development and progression of cancer, including education, vaccinations, and screening processes and technologies, and to reduce the risk of cancer.
(15) "Program" means the Andy Hill cancer research endowment program created in RCW 43.348.040.
(16) "Program administrator" means a private nonprofit corporation qualified as a tax-exempt entity under 26 U.S.C. Sec. 501(c)(3) of the federal internal revenue code, with expertise in conducting or managing research granting activities, funds, or organizations.
[ 2018 c 4 § 1; 2015 3rd sp.s. c 34 § 2.]
NOTES:
Reviser's note: The definitions in this section have been alphabetized pursuant to RCW 1.08.015(2)(k).
2023 Revised Code of Washington › Title 43 - State Government—Executive › Chapter 43.348 - Andy Hill Cancer Research Endowment. › 43.348.030 - Endowment—General powers.

RCW 43.348.030
Endowment—General powers.
The endowment has all the general powers necessary to carry out its purposes and duties and to exercise its specific powers. In addition to other powers specified in this chapter, the endowment may:
(1) Sue and be sued in its own name;
(2) Make and execute agreements, contracts, and other instruments, with any public or private person or entity, including commercial entities, in accordance with this chapter;
(3) Employ, contract with, or engage independent counsel, financial advisors, auditors, other technical or professional assistants, and such other personnel as are necessary or desirable to implement this chapter;
(4) Exercise any other power reasonably required to implement the purposes of this chapter; and
(5) Delegate any of its powers and duties if consistent with the purposes of this chapter.
[ 2018 c 4 § 3; 2015 3rd sp.s. c 34 § 4.]
2023 Revised Code of Washington › Title 43 - State Government—Executive › Chapter 43.348 - Andy Hill Cancer Research Endowment. › 43.348.050 - Independent expert scientific review and advisory committee—Created—Grant proposal evaluations and recommendations.

RCW 43.348.050
Independent expert scientific review and advisory committee—Created—Grant proposal evaluations and recommendations.
(1) In addition to any advisory boards the endowment determines to establish, the endowment must establish one or more independent expert scientific review and advisory committees for the purposes of evaluating grant proposals for cancer research and recommending grants to be made from the Andy Hill cancer research fund; advising the endowment during the development and review of its strategic plans for cancer research; and advising the endowment on scientific and other matters in furtherance of the cancer research purposes of this chapter.
(2) Each independent expert scientific review and advisory committee must consist of individuals with nationally recognized expertise in the scientific, clinical, ethical, commercial, and regulatory aspects of cancer research, prevention, and care. The board must appoint the members of the committee. Preliminary review of grant proposals may be made by a panel of such committee or an independent contractor chosen by the board upon recommendation of the committee, but all recommendations for grants to be made from the fund may be made only upon majority vote of the committee.
[ 2018 c 4 § 5; 2015 3rd sp.s. c 34 § 6.]
2023 Revised Code of Washington › Title 43 - State Government—Executive › Chapter 43.348 - Andy Hill Cancer Research Endowment. › 43.348.060 - Program administrator—Andy Hill cancer research fund—Independent auditor.

RCW 43.348.060
Program administrator—Andy Hill cancer research fund—Independent auditor.
(1) The program administrator must provide services to the board and has the following duties and responsibilities:
(a) Jointly with the board, solicit and receive gifts, grants, and bequests, and enter into contribution agreements with private entities and public entities, including commercial entities, in order to use those moneys to fund grants awarded by the endowment;
(b) Establish an Andy Hill cancer research fund. The fund must be a separate private account outside the state treasury into which grants and contributions received from public and private sources as well as state matching funds must be deposited, and from which funds for grants awarded by the endowment must be disbursed. Once moneys in the Andy Hill cancer research endowment fund match transfer account are subject to an agreement under RCW 43.348.080(6) and are deposited in the fund under this section, the moneys in the fund are not considered state money, common cash, or revenue to the state;
(c) Manage the fund, its obligations, and investments as to achieve the maximum possible rate of return on investment in the fund;
(d) Establish policies and procedures to facilitate the orderly process of grant application, review, selection, and notification; and
(e) Distribute funds to selected entities through grant agreements. Grant agreements must set forth the terms and conditions of the grant and must include, but not be limited to: (i) Deliverables to be provided by the recipient pursuant to the grant; (ii) the circumstances under which the grant amount would be required to be repaid or the circumstances under which royalty, sales, or licensing revenue, or other commercialization-related revenue would be required to be shared; and (iii) indemnification, dispute resolution, and any other terms and conditions as are customary for grant agreements or are deemed reasonable by the board. The program administrator may negotiate with any grantee the costs associated with performing scientific activities funded by grants.
(2) Periodically, but not less often than every three years, the endowment and the department must conduct a request for proposals and retain the services of an independent auditor with experience in performance auditing of research granting entities similar to the endowment. The independent auditor must review the endowment's strategic plan, program, and program administrator and publish a report assessing their performance and providing recommendations for improvement. The endowment must hold at least one public hearing at which the results of each audit are presented and discussed.
[ 2018 c 4 § 6; 2015 3rd sp.s. c 34 § 7.]
2023 Revised Code of Washington › Title 43 - State Government—Executive › Chapter 43.348 - Andy Hill Cancer Research Endowment. › 43.348.070 - Charitable contributions.

RCW 43.348.070
Charitable contributions.
The program administrator may create additional legal entities and take such action as may be necessary or advisable to enable the fund to accept charitable contributions. In addition, the program administrator may provide technical assistance, information, and training to private employers and other potential donors to establish programs that facilitate charitable contributions to the fund including tobacco use premium surcharge programs.
[ 2018 c 4 § 7; 2015 3rd sp.s. c 34 § 8.]
2023 Revised Code of Washington › Title 43 - State Government—Executive › Chapter 43.348 - Andy Hill Cancer Research Endowment. › 43.348.080 - Andy Hill cancer research endowment fund match transfer account.

RCW 43.348.080
Andy Hill cancer research endowment fund match transfer account.
(1) The Andy Hill cancer research endowment fund match transfer account is created in the custody of the state treasury to be used solely and exclusively for the program created in RCW 43.348.040. Moneys in the account may be spent only after appropriation. The purpose of the account is to provide matching funds for the fund and administrative costs. Expenditures to fund or reimburse the program administrator are not subject to the requirements of subsection (4) of this section.
(2) The legislature must appropriate a state match, up to a maximum of ten million dollars annually, beginning July 1, 2016, and each July 1st following the end of the fiscal year from tax collections and penalties generated from enforcement of state taxes on cigarettes and other tobacco products by the state liquor and cannabis board or other federal, state or local law or tax enforcement agency, as determined by the department of revenue. Tax collections include any cigarette tax, other tobacco product tax, and retail sales and use tax. Any amounts deposited into this account from the tax imposed under RCW 82.25.010 in excess of the cap provided in this subsection must be deposited into the foundational public health services account created in RCW 82.25.015.
(3) Revenues to the account must consist of deposits into the account, taxes imposed on vapor products under RCW 82.25.010, legislative appropriations, and any gifts, grants, or donations received by the department for this purpose.
(4) Each fiscal biennium, the legislature must appropriate to the department of commerce such amounts as estimated to be the balance of the account to provide state matching funds.
(5) Expenditures, in the form of matching funds, from the account may be made only upon receipt of proof from the program administrator of nonstate or private contributions to the fund for the program. Expenditures, in the form of matching funds, may not exceed the total amount of nonstate or private contributions.
(6) The department must enter into an appropriate agreement with the program administrator to demonstrate exchange of consideration for the matching funds.
(7) Moneys expended into the account in fiscal year 2023 pursuant to section 706, chapter 297, Laws of 2022 are not subject to the requirements of subsections (5) and (6) of this section.
[ 2022 c 297 § 961; 2019 c 445 § 403; 2018 c 4 § 8; 2015 3rd sp.s. c 34 § 9.]
NOTES:
Effective date—2022 c 297: See note following RCW 43.79.565.
Conflict with federal requirements—Effective date—2019 c 445: See RCW 82.25.900 and 82.25.901.
Automatic expiration date and tax preference performance statement exemption—2019 c 445: See note following RCW 82.08.0318.
2023 Revised Code of Washington › Title 43 - State Government—Executive › Chapter 43.360 - Washington Main Street Program. › 43.360.005 - Findings—Intent.

RCW 43.360.005
Findings—Intent.
(1) The legislature finds:
(a) The continued economic vitality of downtown and neighborhood commercial districts in our state's cities is essential to community preservation, social cohesion, and economic growth;
(b) In recent years there has been a deterioration of downtown and neighborhood commercial districts in both rural and urban communities due to a shifting population base, changes in the marketplace, and greater competition from suburban shopping malls, discount centers, and business transacted through the internet;
(c) This decline has eroded the ability of businesses and property owners to renovate and enhance their commercial and residential properties; and
(d) Business owners in these districts need to maintain their local economies in order to provide goods and services to adjacent residents, to provide employment opportunities, to avoid disinvestment and economic dislocations, and to develop and sustain downtown and neighborhood commercial district revitalization programs to address these problems.
(2) It is the intent of the legislature to establish a program to:
(a) Work in partnership with these organizations;
(b) Provide technical assistance and training to local governments, business organizations, downtown and neighborhood commercial district organizations, and business and property owners to accomplish community and economic revitalization and development of business districts; and
(c) Certify a downtown or neighborhood commercial district organization's use of available tax incentives.
[ 2005 c 514 § 901.]
NOTES:
Short title—2005 c 514 §§ 901-912: "Sections 901 through 912 of this act may be known and cited as the Washington main street act." [ 2005 c 514 § 1310.]
Effective date—2005 c 514: See note following RCW 83.100.230.
Part headings not law—Severability—2005 c 514: See notes following RCW 82.12.808.
2023 Revised Code of Washington › Title 43 - State Government—Executive › Chapter 43.360 - Washington Main Street Program. › 43.360.010 - Definitions.

RCW 43.360.010
Definitions.
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
(1) "Area" means a geographic area within a local government that is described by a closed perimeter boundary.
(2) "Department" means the department of archaeology and historic preservation.
(3) "Director" means the director of the department.
(4) "Local government" means a city, code city, or town.
(5) "Qualified levels of participation" means a local downtown or neighborhood commercial district revitalization program that has been designated by the department.
[ 2010 c 30 § 3; 2009 c 565 § 44; 2005 c 514 § 908.]
NOTES:
Finding—2010 c 30: "Many of Washington's communities use the main street program to address issues facing their older traditional commercial districts. The main street program is a preservation-based economic development program that assists communities in implementing a locally driven downtown revitalization effort. However, the main street program is broader than merely preserving a community's downtown, it is the revitalization of that community's downtown. Downtown revitalization creates jobs and puts people to work. Downtown revitalization attracts new businesses and offers local investment opportunities. New and expanding downtown businesses generate increased sales tax and attract export dollars to the community. Therefore, the legislature finds that the movement of the main street program from the department of commerce to the department of archaeology and historic preservation is designed to provide for both the preservation of a community's downtown and economic development for that community." [ 2010 c 30 § 1.]
Effective date—2010 c 30: "This act takes effect July 1, 2010." [ 2010 c 30 § 7.]
Short title—2005 c 514 §§ 901-912: See note following RCW 43.360.005.
Effective date—2005 c 514: See note following RCW 83.100.230.
Part headings not law—Severability—2005 c 514: See notes following RCW 82.12.808.
2023 Revised Code of Washington › Title 43 - State Government—Executive › Chapter 43.360 - Washington Main Street Program. › 43.360.020 - Program created—Duties.

RCW 43.360.020
Program created—Duties.
The Washington main street program is created within the department. In order to implement the Washington main street program, the department shall:
(1) Provide technical assistance to businesses, property owners, organizations, and local governments undertaking a comprehensive downtown or neighborhood commercial district revitalization initiative and management strategy. Technical assistance may include, but is not limited to, initial site evaluations and assessments, training for local programs, training for local program staff, site visits and assessments by technical specialists, local program design assistance and evaluation, and continued local program on-site assistance;
(2) To the extent funds are made available, provide financial assistance to local governments or local organizations to assist in initial downtown or neighborhood commercial district revitalization program start-up costs, specialized training, specific project feasibility studies, market studies, and design assistance;
(3) Develop objective criteria for selecting recipients of assistance under subsections (1) and (2) of this section, which shall include priority for downtown or neighborhood commercial district revitalization programs located in a rural county as defined in *RCW 43.160.020(12), and provide for designation of local programs under RCW 43.360.030;
(4) Operate the Washington main street program in accordance with the plan developed by the department, in consultation with the Washington main street advisory committee created under **RCW 43.360.040; and
(5) Consider other factors the department deems necessary for the implementation of this chapter.
[ 2005 c 514 § 909.]
NOTES:
Reviser's note: *(1) RCW 43.160.020 was amended by 2009 c 565 § 35, changing subsection (12) to subsection (5).
**(2) RCW 43.360.040 was repealed by 2010 1st sp.s. c 7 § 68.
Short title—2005 c 514 §§ 901-912: See note following RCW 43.360.005.
Effective date—2005 c 514: See note following RCW 83.100.230.
Part headings not law—Severability—2005 c 514: See notes following RCW 82.12.808.
2023 Revised Code of Washington › Title 43 - State Government—Executive › Chapter 43.360 - Washington Main Street Program. › 43.360.030 - Designation of specific programs—Criteria.

RCW 43.360.030
Designation of specific programs—Criteria.
(1) The department shall adopt criteria for the designation of local downtown or neighborhood commercial district revitalization programs and official local main street programs. In establishing the criteria, the department shall consider:
(a) The degree of interest and commitment to comprehensive downtown or neighborhood commercial district revitalization and, where applicable, historic preservation by both the public and private sectors;
(b) The evidence of potential private sector investment in the downtown or neighborhood commercial district;
(c) Where applicable, a downtown or neighborhood commercial district with sufficient historic fabric to become a foundation for an enhanced community image;
(d) The capacity of the organization to undertake a comprehensive program and the financial commitment to implement a long-term downtown or neighborhood commercial district revitalization program that includes a commitment to employ a professional program manager and maintain a sufficient operating budget;
(e) The department's existing downtown revitalization program's tier system;
(f) The national main street center's criteria for designating official main street cities; and
(g) Other factors the department deems necessary for the designation of a local program.
(2) The department shall designate local downtown or neighborhood commercial district revitalization programs and official local main street programs. The programs shall be limited to three categories of designation, one of which shall be the main street level.
(3) RCW 43.360.020 does not apply to any local downtown or neighborhood commercial district revitalization program unless the boundaries of the program have been identified and approved by the department. The boundaries of a local downtown or neighborhood commercial district revitalization program are typically defined using the pedestrian core of a traditional commercial district.
(4) The department may not designate a local downtown or neighborhood commercial district revitalization program or official local main street program if the program is undertaken by a local government with a population of one hundred ninety thousand persons or more at the time of designation.
[ 2022 c 50 § 1; 2005 c 514 § 910.]
NOTES:
Short title—2005 c 514 §§ 901-912: See note following RCW 43.360.005.
Effective date—2005 c 514: See note following RCW 83.100.230.
Part headings not law—Severability—2005 c 514: See notes following RCW 82.12.808.
2023 Revised Code of Washington › Title 43 - State Government—Executive › Chapter 43.360 - Washington Main Street Program. › 43.360.050 - Washington main street trust fund account.

RCW 43.360.050
Washington main street trust fund account.
The Washington main street trust fund account is created in the state treasury. All receipts from private contributions, federal funds, legislative appropriations, and fees for services, if levied, must be deposited into the account. Expenditures from the account may be used only for the operation of the Washington main street program.
[ 2005 c 514 § 912.]
NOTES:
Short title—2005 c 514 §§ 901-912: See note following RCW 43.360.005.
Effective date—2005 c 514: See note following RCW 83.100.230.
Part headings not law—Severability—2005 c 514: See notes following RCW 82.12.808.
2023 Revised Code of Washington › Title 43 - State Government—Executive › Chapter 43.362 - Regional Transfer of Development Rights Program. › 43.362.005 - Findings.

RCW 43.362.005
Findings.
(1) The legislature finds that current concern over the rapid and increasing loss of rural, agricultural, and forested land has led to the exploration of creative approaches to preserving these important lands, and that the creation of a regional transfer of development rights marketplace will assist in conserving these lands.
(2) A transfer of development rights is a market-based exchange mechanism that encourages the voluntary transfer of development rights from sending areas with lower population densities to receiving areas with higher population densities. When development rights are transferred through a transfer of development rights exchange, permanent deed restrictions are placed on the sending area properties to ensure that the land will be used only for approved activities, activities that may include farming, forest management, conservation, or passive recreation. Additionally, in a transfer of development rights exchange, the costs of purchasing the recorded development restrictions are borne by the developers who receive the transferred right in the form of a building credit or bonus.
(3) The legislature further finds that a successful transfer of development rights program must consider housing affordable to all economic segments of the population, and economic development programs and policies in designated receiving areas. Counties, cities, and towns that decide to participate in the regional transfer of development rights program for central Puget Sound are encouraged to adopt comprehensive plan policies and development regulations to implement the program that do not compete or conflict with comprehensive plan policies and development regulations that require or encourage affordable housing. Participating cities and towns are also encouraged to use the development of receiving areas to maximize opportunities for economic development that supports the creation or retention of jobs.
(4) Participation in a regional transfer of development rights program by counties, cities, and towns should be as simple as possible.
(5) Accordingly, the legislature has determined that it is good public policy to build upon existing transfer of development rights programs, pilot projects, and private initiatives that foster effective use of transferred development rights through the creation of a market-based program that focuses on the central Puget Sound region. A regional transfer of development rights program in the central Puget Sound should be voluntary, incentive-driven, and separate, but compatible with existing local transfer of development rights programs.
[ 2009 c 474 § 1; 2007 c 482 § 1.]
2023 Revised Code of Washington › Title 43 - State Government—Executive › Chapter 43.362 - Regional Transfer of Development Rights Program. › 43.362.010 - Definitions.

RCW 43.362.010
Definitions.
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
(1) "By-right permitting" means that project applications for permits that use transferable development rights would be subject to administrative review. Administrative review allows a local planning official to approve a project without noticed public hearings.
(2) "Department" means the department of commerce.
(3) "Nongovernmental entities" includes nonprofit or membership organizations with experience or expertise in transferring development rights.
(4) "Receiving area ratio" means the number or character of development rights that are assigned to a development right for use in a receiving area. Development rights in a receiving area may be used at the discretion of the receiving area jurisdiction, including but not limited to additional residential density, additional building height, additional commercial floor area, or to meet regulatory requirements.
(5) "Receiving areas" are lands within and designated by a city or town in which transferable development rights from the regional program established by this chapter may be used.
(6) "Regional transfer of development rights program" or "regional program" means the regional transfer of development rights program established by RCW 43.362.030 in central Puget Sound, including King, Pierce, Kitsap, and Snohomish counties and the cities and towns within these counties.
(7) "Sending area" includes those lands that meet conservation criteria as described in RCW 43.362.040.
(8) "Sending area ratio" means the number of development rights that a sending area landowner can sell per acre.
(9) "Transfer of development rights" includes methods for protecting land from development by voluntarily removing the development rights from a sending area and transferring them to a receiving area for the purpose of increasing development density or intensity in the receiving area.
(10) "Transferable development right" means a right to develop one or more residential units in a sending area that can be sold and transferred for use consistent with a receiving ratio adopted for development in a designated receiving area consistent with the regional program.
[ 2009 c 565 § 45; 2009 c 474 § 2; 2007 c 482 § 2.]
NOTES:
Reviser's note: (1) The definitions in this section have been alphabetized pursuant to RCW 1.08.015(2)(k).
(2) This section was amended by 2009 c 474 § 2 and by 2009 c 565 § 45, 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).
2023 Revised Code of Washington › Title 43 - State Government—Executive › Chapter 43.362 - Regional Transfer of Development Rights Program. › 43.362.040 - Designation of sending and receiving areas—Inclusion of certain lands in programs for agricultural or forestland conservation.

RCW 43.362.040
Designation of sending and receiving areas—Inclusion of certain lands in programs for agricultural or forestland conservation.
(1) Counties shall use the following criteria to guide the designation of sending areas for participation in the regional transfer of development rights program:
(a) Land designated as agricultural or forestland of long-term commercial significance;
(b) Land designated rural that is being farmed or managed for forestry;
(c) Land whose conservation meets other state and regionally adopted priorities; and
(d) Land that is in current use as a manufactured/mobile home park as defined in chapter 59.20 RCW.
Nothing in these criteria limits a county's authority to designate additional lands as a sending area for conservation under a local county transfer of development rights program.
(2) Upon purchase of a transferable development right from land designated rural that is being farmed or managed for forestry, a county must include the land from which the right was purchased in any programs it administers for conservation of agricultural land or forestland.
(3) The designation of receiving areas is limited to incorporated cities or towns. Prior to designating a receiving area, a city or town should have adequate infrastructure planned and funding identified for development in the receiving area at densities or intensities consistent with what can be achieved under the local transfer of development rights program. Nothing in this subsection limits a city's, town's, or county's authority to designate additional lands for a receiving area under a local intrajurisdictional transfer of development rights program that is not part of the regional program.
(4) Cities and towns participating in the regional transfer of development rights program shall have discretion to determine which sending areas they receive development rights from to be used in their designated receiving areas.
(5) Designation of sending and receiving areas should include a process for public outreach consistent with the public participation requirements in chapter 36.70A RCW.
[ 2009 c 474 § 4.]
2023 Revised Code of Washington › Title 43 - State Government—Executive › Chapter 43.362 - Regional Transfer of Development Rights Program. › 43.362.050 - Interlocal agreement for transfers of development rights—Rules.

RCW 43.362.050
Interlocal agreement for transfers of development rights—Rules.
(1) To facilitate participation, the department shall develop and adopt by rule terms and conditions of an interlocal agreement for transfers of development rights between counties, cities, and towns. Counties, cities, and towns participating in the regional program have the option of adopting the rule by reference to transfer development rights across jurisdictional boundaries as an alternative to entering into an interlocal agreement under chapter 39.34 RCW.
(2) This section and the rules adopted under this section shall be deemed to provide an alternative method for the implementation of a regional transfer of development rights program, and shall not be construed as imposing any additional condition upon the exercise of any other powers vested in municipalities.
(3) Nothing in this section prohibits a county, city, or town from entering into an interlocal agreement under chapter 39.34 RCW to transfer development rights under the regional program.
[ 2009 c 474 § 5.]