reglab/statecodes huggingface dataset:
2023 Revised Code of Washington › Title 43 - State Government—Executive › Chapter 43.155 - Public Works Projects. › 43.155.020 - Definitions.

RCW 43.155.020
Definitions.
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
(1) "Board" means the public works board created in RCW 43.155.030.
(2) "Capital facility plan" means a capital facility plan required by the growth management act under chapter 36.70A RCW or, for local governments not fully planning under the growth management act, a plan required by the public works board.
(3) "Department" means the department of commerce.
(4) "Financing guarantees" means the pledge of money in the public works assistance account, or money to be received by the public works assistance account, to the repayment of all or a portion of the principal of or interest on obligations issued by local governments to finance public works projects.
(5) "Local governments" means cities, towns, counties, special purpose districts, and any other municipal corporations or quasi-municipal corporations in the state excluding school districts and port districts.
(6) "Public works project" means a project of a local government for the planning, acquisition, construction, repair, reconstruction, replacement, rehabilitation, or improvement of streets and roads, bridges, water systems, or storm and sanitary sewage systems, lead remediation of drinking water systems, and solid waste facilities, including recycling facilities and composting and other organic materials management facilities. A planning project may include the compilation of biological, hydrological, or other data on a county, drainage basin, or region necessary to develop a base of information for a capital facility plan.
(7) "Solid waste or recycling project" means remedial actions necessary to bring abandoned or closed landfills into compliance with regulatory requirements and the repair, restoration, and replacement of existing solid waste transfer, recycling facilities, and landfill projects limited to the opening of landfill cells that are in existing and permitted landfills.
(8) "Technical assistance" means training and other services provided to local governments to: (a) Help such local governments plan, apply, and qualify for loans, grants, and financing guarantees from the board, and (b) help local governments improve their ability to plan for, finance, acquire, construct, repair, replace, rehabilitate, and maintain public facilities.
(9) "Value planning" means a uniform approach to assist in decision making through systematic evaluation of potential alternatives to solving an identified problem.
[ 2022 c 180 § 503; 2017 3rd sp.s. c 10 § 2; 2009 c 565 § 33; 2001 c 131 § 1; 1996 c 168 § 2; 1995 c 399 § 85; 1985 c 446 § 8.]
NOTES:
Findings—Intent—Scope of authority of chapter 180, Laws of 2022—2022 c 180: See notes following RCW 70A.205.007.
2023 Revised Code of Washington › Title 43 - State Government—Executive › Chapter 43.155 - Public Works Projects. › 43.155.030 - Public works board created.

RCW 43.155.030
Public works board created.
(1) The public works board is hereby created.
(2) The board shall be composed of thirteen members appointed by the governor for terms of four years, except that five members initially shall be appointed for terms of two years. The board shall include: (a) Three members, two of whom shall be elected officials and one shall be a public works manager, appointed from a list of at least six persons nominated by the association of Washington cities or its successor; (b) three members, two of whom shall be elected officials and one shall be a public works manager, appointed from a list of at least six persons nominated by the Washington state association of counties or its successor; (c) three members appointed from a list of at least six persons nominated jointly by the Washington public utility districts association and a state association of water-sewer districts, or their successors; and (d) four members appointed from the general public. In appointing the four general public members, the governor shall endeavor to balance the geographical composition of the board and to include members with special expertise in relevant fields such as public finance, architecture and civil engineering, and public works construction. The governor shall appoint one of the general public members of the board as chair. The term of the chair shall coincide with the term of the governor.
(3) Staff support to the board shall be provided by the department.
(4) Members of the board shall receive no compensation but shall be reimbursed for travel expenses under RCW 43.03.050 and 43.03.060.
(5) If a vacancy on the board occurs by death, resignation, or otherwise, the governor shall fill the vacant position for the unexpired term. Each vacancy in a position appointed from lists provided by the associations under subsection (2) of this section shall be filled from a list of at least three persons nominated by the relevant association or associations. Any members of the board, appointive or otherwise, may be removed by the governor for cause in accordance with RCW 43.06.070 and 43.06.080.
[ 1999 c 153 § 58; 1985 c 446 § 9.]
NOTES:
Part headings not law—1999 c 153: See note following RCW 57.04.050.
2023 Revised Code of Washington › Title 43 - State Government—Executive › Chapter 43.155 - Public Works Projects. › 43.155.040 - General powers of the board.

RCW 43.155.040
General powers of the board.
The board may:
(1) Accept from any state or federal agency, loans or grants for the planning or financing of any public works project and enter into agreements with any such agency concerning the loans or grants;
(2) Provide technical assistance to local governments;
(3) Accept any gifts, grants, or loans of funds, property, or financial or other aid in any form from any other source on any terms and conditions which are not in conflict with this chapter;
(4) Develop a program that provides grants and additional assistance to leverage federal programs, and other opportunities to target deeper financial assistance to communities with economic distress or projects that would result in rate increases to residential utility rates that exceed a determined percentage of median household income;
(5) Adopt rules under chapter 34.05 RCW as necessary to carry out the purposes of this chapter;
(6) Do all acts and things necessary or convenient to carry out the powers expressly granted or implied under this chapter.
[ 2017 3rd sp.s. c 10 § 4; 1985 c 446 § 10.]
2023 Revised Code of Washington › Title 43 - State Government—Executive › Chapter 43.155 - Public Works Projects. › 43.155.065 - Emergency public works projects.

RCW 43.155.065
Emergency public works projects.
The board may make low-interest or interest-free loans or grants to local governments for emergency public works projects. Emergency public works projects shall include the construction, repair, reconstruction, replacement, rehabilitation, or improvement of a public water system that is in violation of health and safety standards and is being operated by a local government on a temporary basis. The loans or grants may be used to help fund all or part of an emergency public works project less any reimbursement from any of the following sources: (1) Federal disaster or emergency funds, including funds from the federal emergency management agency; (2) state disaster or emergency funds; (3) insurance settlements; or (4) litigation.
[ 2017 3rd sp.s. c 10 § 7; 2001 c 131 § 3; 1990 c 133 § 7; 1988 c 93 § 1.]
NOTES:
Findings—Severability—1990 c 133: See notes following RCW 36.94.140.
2023 Revised Code of Washington › Title 43 - State Government—Executive › Chapter 43.155 - Public Works Projects. › 43.155.068 - Loans or grants for preconstruction activities.

RCW 43.155.068
Loans or grants for preconstruction activities.
(1) The board may make loans or grants to local governments for preconstruction activities on public works projects before the legislature approves the construction phase of the project. Preconstruction activities include design, engineering, bid-document preparation, environmental studies, right-of-way acquisition, value planning, and other preliminary phases of public works projects as determined by the board. The purpose of the loans and grants authorized in this section is to accelerate the completion of public works projects by allowing preconstruction activities to be performed before the appropriation for the construction phase of the project by the legislature.
(2) Projects receiving loans or grants for preconstruction activities under this section must be evaluated using the priority process and factors in RCW 43.155.070. The receipt of a loan or grant for preconstruction activities does not ensure the receipt of a construction loan or grant for the project under this chapter. Construction loans or grants for projects receiving a loan or grant for preconstruction activities under this section are subject to legislative appropriation under RCW 43.155.070(7). The board shall adopt a single application process for local governments seeking both a loan or grant for preconstruction activities under this section and a construction loan for the project.
[ 2017 3rd sp.s. c 10 § 8; 2001 c 131 § 4; 1995 c 363 § 2.]
NOTES:
Finding—Purpose—1995 c 363: "The legislature finds that there continues to exist a great need for capital projects to plan, acquire, design, construct, and repair local government streets, roads, bridges, water systems, and storm and sanitary sewage systems. It is the purpose of this act to accelerate the construction of these projects under the public works assistance program." [ 1995 c 363 § 1.]
2023 Revised Code of Washington › Title 43 - State Government—Executive › Chapter 43.155 - Public Works Projects. › 43.155.075 - Loans and grants for public works projects—Statement of environmental benefits—Sustainable asset management best practices—Development of outcome-focused performance measures.

RCW 43.155.075
Loans and grants for public works projects—Statement of environmental benefits—Sustainable asset management best practices—Development of outcome-focused performance measures.
In providing loans and grants for public works projects, the board shall require recipients to incorporate the environmental benefits of the project into their applications, and the board shall utilize the statement of environmental benefits in its prioritization and selection process, when applicable. For projects funded under this chapter, the board may require a local government to have sustainable asset management best practices in place; provide a long-term financial plan to demonstrate a sound maintenance program; have a long-term financial plan for loan repayments in place; and undergo value planning at the predesign project stage, where the greatest productivity gains and cost savings can be found. The board shall also develop appropriate outcome-focused performance measures to be used both for management and performance assessment of the loan and grant program. To the extent possible, the department should coordinate its performance measure system with other natural resource-related agencies as defined in RCW 43.41.270. The board shall consult with affected interest groups in implementing this section.
[ 2017 3rd sp.s. c 10 § 10; 2001 c 227 § 10.]
NOTES:
Findings—Intent—2001 c 227: See note following RCW 43.41.270.
2023 Revised Code of Washington › Title 43 - State Government—Executive › Chapter 43.155 - Public Works Projects. › 43.155.080 - Records and audits.

RCW 43.155.080
Records and audits.
The board shall keep proper records of accounts and shall be subject to audit by the state auditor.
[ 1987 c 505 § 41; 1985 c 446 § 13.]
2023 Revised Code of Washington › Title 43 - State Government—Executive › Chapter 43.155 - Public Works Projects. › 43.155.090 - Loan agreements.

RCW 43.155.090
Loan agreements.
Loans from the public works assistance account under this chapter shall be made by loan agreement under chapter 39.69 RCW.
[ 1987 c 19 § 6.]
2023 Revised Code of Washington › Title 43 - State Government—Executive › Chapter 43.155 - Public Works Projects. › 43.155.110 - Puget Sound partners.

RCW 43.155.110
Puget Sound partners.
In developing a priority process for public works projects under RCW 43.155.070, the board shall give preferences only to Puget Sound partners, as defined in RCW 90.71.010, over other entities that are eligible to be included in the definition of Puget Sound partner. Entities that are not eligible to be a Puget Sound partner due to geographic location, composition, exclusion from the scope of the action agenda developed by the Puget Sound partnership under RCW 90.71.310, or for any other reason, shall not be given less preferential treatment than Puget Sound partners.
[ 2007 c 341 § 25.]
NOTES:
Effective date—2007 c 341: See RCW 90.71.907.
2023 Revised Code of Washington › Title 43 - State Government—Executive › Chapter 43.155 - Public Works Projects. › 43.155.120 - Administering funds—Preference to an evergreen community.

RCW 43.155.120
Administering funds—Preference to an evergreen community.
When administering funds under this chapter, the board shall give preference only to an evergreen community recognized under RCW 76.15.090 in comparison to other entities that are eligible to receive evergreen community designation. Entities not eligible for designation as an evergreen community shall not be given less preferential treatment than an evergreen community.
[ 2021 c 209 § 17; 2008 c 299 § 30.]
NOTES:
Findings—Intent—2021 c 209: See note following RCW 76.15.005.
Short title—2008 c 299: See note following RCW 76.15.020.
2023 Revised Code of Washington › Title 43 - State Government—Executive › Chapter 43.155 - Public Works Projects. › 43.155.130 - Intent—Local infrastructure assistance—Plan.

RCW 43.155.130
Intent—Local infrastructure assistance—Plan.
(1) The legislature intends to modernize state programs that provide financial and technical assistance related to local infrastructure by: (a) Clarifying the policy objectives and priorities for state assistance for local infrastructure; (b) eliminating redundancy among the various state programs; (c) increasing the speed of delivering state assistance and the ability to respond to emerging needs; (d) maximizing the acquisition and use of federal funding sources; (e) ensuring transparency in state and federal assistance; (f) improving access to the lowest cost private market financing; and (g) ensuring accountability and the periodic review of progress.
(2) By November 1, 2011, the public works board must prepare and submit to the appropriate committees of the legislature an implementation plan for creating a reformed state system for providing local infrastructure assistance. In developing the plan, the board must consult with state agencies that provide infrastructure funding and technical assistance including, but not limited to, the departments of commerce, health, and ecology. The board must also work in cooperation with local governments or entities that benefit from infrastructure funding and technical assistance.
(3) The board, state agencies, and local partners must consider, among other things, consolidation of state appropriations to support policy-focused investments including water quality, safe drinking water, stormwater, economic development, access to private financing, solid waste and recycling, and flood levees. In addition, they must consider consolidating assistance packages, streamlining application processes, and clarify the respective responsibilities of state and local agencies in planning for, developing[,] and maintaining local public infrastructure.
(4) The implementation plan must include draft legislation and the organizational and budgetary changes necessary to implement the new system in time for the 2013-2015 budget cycle.
[ 2011 1st sp.s. c 48 § 7028.]
NOTES:
Effective date—2011 1st sp.s. c 48: See note following RCW 39.35B.050.
2023 Revised Code of Washington › Title 43 - State Government—Executive › Chapter 43.155 - Public Works Projects. › 43.155.140 - Projects in areas impacted by the closure or potential closure of large coal-fired electric generation facilities.

RCW 43.155.140
Projects in areas impacted by the closure or potential closure of large coal-fired electric generation facilities.
The board shall solicit qualifying projects to plan, design, and construct public works projects needed to attract new industrial and commercial activities in areas impacted by the closure or potential closure of large coal-fired electric generation facilities, which for the purposes of this section means a facility that emitted more than one million tons of greenhouse gases in any calendar year prior to 2008. The projects should be consistent with any applicable plans for major industrial activity on lands formerly used or designated for surface coal mining and supporting uses under RCW 36.70A.368. When the board receives timely and eligible project applications from a political subdivision of the state for financial assistance for such projects, the board from available funds shall give priority consideration to such projects.
[ 2011 c 180 § 302.]
NOTES:
Findings—Purpose—2011 c 180: See note following RCW 80.80.010.
2023 Revised Code of Washington › Title 43 - State Government—Executive › Chapter 43.155 - Public Works Projects. › 43.155.165 - Statewide broadband account.

RCW 43.155.165
Statewide broadband account.
(1) The statewide broadband account is created in the state treasury. Moneys received from appropriations by the legislature, the proceeds of bond sales when authorized by the legislature, repayment of loans, or any other lawful source must be deposited into the account for uses consistent with this section. Moneys in the account may be spent only after appropriation.
(2) Expenditures from the account may be used only:
(a) For grant and loan awards made under RCW 43.155.160, including costs incurred by the board to administer RCW 43.155.160;
(b) To contract for data acquisition, a statewide broadband demand assessment, or gap analysis;
(c) To supplement revenues raised by bonds sold by local governments for broadband infrastructure development; or
(d) To provide for state match requirements under federal law.
(3) The board must maintain separate accounting for any federal funds in the account.
(4) The definitions in RCW 43.330.530 apply throughout this section unless the context clearly requires otherwise.
[ 2019 c 365 § 8.]
NOTES:
Findings—2019 c 365: See note following RCW 43.330.532.
2023 Revised Code of Washington › Title 43 - State Government—Executive › Chapter 43.157 - Projects of Statewide Significance. › 43.157.005 - Declaration.

RCW 43.157.005
Declaration.
The legislature declares that certain investments, such as investments for industrial development, environmental improvement, and innovation activities, merit special designation and treatment by governmental bodies when they are proposed. Such investments bolster the economies of their locale and impact the economy of the state as a whole. It is the intention of the legislature to recognize projects of statewide significance and to encourage local governments and state agencies to expedite their completion.
[ 2009 c 421 § 1; 1997 c 369 § 1.]
NOTES:
Effective date—2009 c 421: "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 [May 8, 2009]." [ 2009 c 421 § 11.]
2023 Revised Code of Washington › Title 43 - State Government—Executive › Chapter 43.157 - Projects of Statewide Significance. › 43.157.020 - Expediting completion of projects of statewide significance—Requirements of agreements.

RCW 43.157.020
Expediting completion of projects of statewide significance—Requirements of agreements.
Counties and cities with development projects designated as projects of statewide significance within their jurisdictions shall enter into an agreement with the office of regulatory assistance and the project managers of projects of statewide significance for expediting the completion of projects of statewide significance. The agreement shall require:
(1) Expedited permit processing for the design and construction of the project;
(2) Expedited environmental review processing;
(3) Expedited processing of requests for street, right-of-way, or easement vacations necessary for the construction of the project;
(4) Participation of local officials on the team assembled under the requirements of RCW 43.157.030(3)(b);
(5) A plan for consultation with affected tribes; and
(6) Such other actions or items as are deemed necessary by the office of regulatory assistance for the design and construction of the project.
[ 2020 c 46 § 3; 2009 c 421 § 3; 2003 c 54 § 2; 1997 c 369 § 3.]
NOTES:
Findings—2020 c 46: See note following RCW 43.157.010.
Effective date—2009 c 421: See note following RCW 43.157.005.
2023 Revised Code of Washington › Title 43 - State Government—Executive › Chapter 43.158 - Clean Energy Projects of Statewide Significance—Clean Energy Coordinated Permitting Process. › 43.158.020 - Clean energy projects of statewide significance—Application process.

RCW 43.158.020
Clean energy projects of statewide significance—Application process.
(1) The department of commerce shall develop an application for the designation of clean energy projects as clean energy projects of statewide significance.
(2) An application to the department of commerce by an applicant under this section must include:
(a) Information regarding the location of the project;
(b) Information sufficient to demonstrate that the project qualifies as a clean energy project;
(c) An explanation of how the project is expected to contribute to the state's achievement of the greenhouse gas emission limits in chapter 70A.45 RCW and is consistent with the state energy strategy adopted by the department of commerce, as well as any contribution that the project is expected to make to other state regulatory requirements for clean energy and greenhouse gas emissions, including the requirements of chapter 19.405, 70A.30, 70A.60, 70A.65, 70A.535, or 70A.540 RCW;
(d) An explanation of how the project is expected to contribute to the state's economic development goals, including information regarding the applicant's average employment in the state for the prior year, estimated new employment related to the project, estimated wages of employees related to the project, and estimated time schedules for completion and operation;
(e) A plan for engagement and information sharing with potentially affected federally recognized Indian tribes;
(f) A description of potential community benefits and impacts from the project, a plan for community engagement in the project development, and an explanation of how the applicant might use a community benefit agreement or other legal document that stipulates the benefits that the developer agrees to fund or furnish, in exchange for community support of a project; and
(g) Other information required by the department of commerce.
[ 2023 c 230 § 202.]
NOTES:
Findings—Intent—2023 c 230: See note following RCW 43.394.010.
2023 Revised Code of Washington › Title 43 - State Government—Executive › Chapter 43.158 - Clean Energy Projects of Statewide Significance—Clean Energy Coordinated Permitting Process. › 43.158.100 - Clean energy coordinated permitting process—Department of ecology—Duties.

RCW 43.158.100
Clean energy coordinated permitting process—Department of ecology—Duties.
An optional, fully coordinated permit process is established for clean energy projects that do not apply to the energy facility site evaluation council under chapter 80.50 RCW. In support of the coordinated permitting process for clean energy projects, the department of ecology must:
(1) Act as the central point of contact for the project proponent for the coordinated permitting process for projects that do not apply to the energy facility site evaluation council under chapter 80.50 RCW and communicate with the project proponent about defined issues;
(2) Conduct an initial assessment of the proposed project review and permitting actions for coordination purposes as provided in RCW 43.158.110;
(3) Ensure that the project proponent has been informed of all the information needed to apply for the state and local permits that are included in the coordinated permitting process;
(4) Facilitate communication between project proponents and agency staff to promote timely permit decisions and promote adherence to agreed schedules;
(5) Verify completion among participating agencies of administrative review and permit procedures, such as providing public notice;
(6) Assist in resolving any conflict or inconsistency among permit requirements and conditions;
(7) Consult with potentially affected federally recognized Indian tribes as provided in RCW 43.158.150 in support of the coordinated permitting process;
(8) Engage with potentially affected overburdened communities as provided in RCW 43.158.150;
(9) Manage a fully coordinated permitting process; and
(10) Coordinate with local jurisdictions to assist with fulfilling the requirements of chapter 36.70B RCW and other local permitting processes.
[ 2023 c 230 § 204.]
NOTES:
Findings—Intent—2023 c 230: See note following RCW 43.394.010.
2023 Revised Code of Washington › Title 43 - State Government—Executive › Chapter 43.158 - Clean Energy Projects of Statewide Significance—Clean Energy Coordinated Permitting Process. › 43.158.110 - Clean energy coordinated permitting process—Initial assessment.

RCW 43.158.110
Clean energy coordinated permitting process—Initial assessment.
(1) Upon the request of a proponent of a clean energy project, the department of ecology must conduct an initial assessment to determine the level of coordination needed, taking into consideration the complexity of the project and the experience of those expected to be involved in the project application and review process.
(2) The initial project assessment must consider the complexity, size, and need for assistance of the project and must address as appropriate:
(a) The expected type of environmental review;
(b) The state and local permits or approvals that are anticipated to be required for the project;
(c) The permit application forms and other application requirements of the participating permit agencies;
(d) The anticipated information needs and issues of concern of each participating agency; and
(e) The anticipated time required for the environmental review process under chapter 43.21C RCW and permit decisions by each participating agency, including the estimated time required to determine if the permit applications are complete, to conduct the environmental review under chapter 43.21C RCW, and conduct permitting processes for each participating agency. In determining the estimated time required, full consideration must be given to achieving the greatest possible efficiencies through any concurrent studies and any consolidated applications, hearings, and comment periods.
(3) The outcome of the initial assessment must be documented in writing, furnished to the project proponent, and be made available to the public.
(4) The initial assessment must be completed within 60 days of the clean energy project proponent's request to the department under this section, unless information on the project is not complete.
[ 2023 c 230 § 205.]
NOTES:
Findings—Intent—2023 c 230: See note following RCW 43.394.010.
2023 Revised Code of Washington › Title 43 - State Government—Executive › Chapter 43.158 - Clean Energy Projects of Statewide Significance—Clean Energy Coordinated Permitting Process. › 43.158.130 - Clean energy coordinated permitting process—Local jurisdiction agreements.

RCW 43.158.130
Clean energy coordinated permitting process—Local jurisdiction agreements.
(1)(a) Counties and cities with clean energy projects that are determined to be eligible for the fully coordinated permit process shall enter into an agreement with the department of ecology or with the project proponents of clean energy projects for expediting the completion of projects.
(b) For the purposes of this section, "expedite" means that a county or city will develop and implement a method to accelerate the process for permitting and environmental review. Expediting should not disrupt or otherwise delay the permitting and environmental review of other projects or require the county or city to incur additional costs that are not compensated.
(2) Agreements required by this section must include requirements that the county or city coordinate with the department of ecology and conduct environmental review and permitting to align with the work plan described in RCW 43.158.120(4) and:
(a) Expedite permit processing for the design and construction of the project;
(b) Expedite environmental review processing;
(c) Expedite processing of requests for street, right-of-way, or easement vacations necessary for the construction of the project;
(d) Develop and follow a plan for consultation with potentially affected federally recognized Indian tribes; and
(e) Carry out such other actions identified by the department of ecology as needed for the fully coordinated permitting process.
[ 2023 c 230 § 207.]
NOTES:
Findings—Intent—2023 c 230: See note following RCW 43.394.010.
2023 Revised Code of Washington › Title 43 - State Government—Executive › Chapter 43.158 - Clean Energy Projects of Statewide Significance—Clean Energy Coordinated Permitting Process. › 43.158.140 - Clean energy coordinated permitting process—Cost-reimbursement agreements.

RCW 43.158.140
Clean energy coordinated permitting process—Cost-reimbursement agreements.
(1) For a fully coordinated permitting process, a project proponent must enter into a cost-reimbursement agreement with the department of ecology in accordance with RCW 43.21A.690. The cost-reimbursement agreement is to recover reasonable costs incurred by the department of ecology and participating agencies in carrying out the coordinated permitting process.
(2) The cost-reimbursement agreement may include deliverables and schedules for invoicing and reimbursement.
(3) For a fully coordinated permitting process, a project proponent must enter into a development agreement with the county, city, or town in which the project is proposed, in accordance with the authorization and requirements in RCW 36.70B.170 through 36.70B.210. The development agreement must detail the obligations of the local jurisdiction and the project applicant. It must also include, but not be limited to, the process the county, city, or town will implement for meeting its obligation to expedite the application, other clarifications for project phasing, and an estimate of reasonable costs.
(4) For a fully coordinated permitting process, a project proponent may enter directly into a cost-reimbursement agreement similar to that described in subsection (1) of this section, to reimburse the costs of a federally recognized Indian tribe for reviewing and providing input on the siting and permitting of a clean energy project.
(5) If a project proponent foresees, at any time, that it will be unable to meet its obligations under the agreement, it must notify the department of ecology and state the reasons, along with proposals for resolution.
[ 2023 c 230 § 208.]
NOTES:
Findings—Intent—2023 c 230: See note following RCW 43.394.010.
2023 Revised Code of Washington › Title 43 - State Government—Executive › Chapter 43.158 - Clean Energy Projects of Statewide Significance—Clean Energy Coordinated Permitting Process. › 43.158.200 - Miscellaneous.

RCW 43.158.200
Miscellaneous.
(1) Nothing in this chapter:
(a) Prohibits an applicant, a project proponent, a state agency, a local government, or a federally recognized Indian tribe from entering into a nondisclosure agreement to protect confidential business information, trade secrets, financial information, or other proprietary information;
(b) Limits or affects other statutory provisions specific to any state agency related to that agency's procedures and protocols related to the identification, designation, or disclosure of information identified as confidential business information, trade secrets, financial information, or other proprietary information;
(c) Limits or affects the provisions of chapter 42.56 RCW as they apply to information or nondisclosure agreements obtained by a state agency under this chapter; or
(d) Relieves the responsible official under chapter 43.21C RCW for an action of the official's responsibilities under that chapter.
(2) The decisions by the department of commerce to designate a clean energy project of statewide significance must be made available to the public. Regardless of any exemptions otherwise set forth in RCW 42.56.270, publicly shared information must include the designee's name, a brief description of the project, the intended project location, a description of climate and economic development benefits to the state and communities therein, a tribal engagement plan, a community engagement plan, and a community benefit agreement if applicable.
(3) The department of commerce may terminate a designation of a clean energy project of statewide significance for reasons that include, but are not limited to, failure to comply with requirements of the designation or the emergence of new information that significantly alters the department of commerce's assessment of the applicant's application, project, or project proponent. The department of commerce must notify the applicant, project proponent, and the department of ecology of the termination in writing within 30 days.
(4) Nothing in this chapter affects the jurisdiction of the energy facility site evaluation council under chapter 80.50 RCW.
(5) This chapter does not limit or abridge the powers and duties granted to a participating permit agency under the law or laws that authorizes or requires the agency to issue a permit for a project. Each participating permit agency retains its authority to make all decisions on all substantive matters with regard to the respective component permit that is within its scope of its responsibility including, but not limited to, the determination of permit application completeness, permit approval or approval with conditions, or permit denial.
[ 2023 c 230 § 210.]
NOTES:
Findings—Intent—2023 c 230: See note following RCW 43.394.010.
2023 Revised Code of Washington › Title 43 - State Government—Executive › Chapter 43.160 - Economic Development—Public Facilities Loans and Grants. › 43.160.035 - Designees for board members.

RCW 43.160.035
Designees for board members.
Each member of the house of representatives who is appointed to the community economic revitalization board under RCW 43.160.030 may designate another member from the house of representatives to take his or her place on the board for meetings at which the member will be absent, as long as the designated member belongs to the same caucus. The designee shall have all powers to vote and participate in board deliberations as have the other board members. Each member of the senate who is appointed to the community economic revitalization board under RCW 43.160.030 may designate another member from the senate to take his or her place on the board for meetings at which the member will be absent, as long as the designated member belongs to the same caucus. The designee shall have all powers to vote and participate in board deliberations as have the other board members. Each agency head of an executive agency who is appointed to serve as a nonvoting advisory member of the community economic revitalization board under RCW 43.160.030 may designate an agency employee to take his or her place on the board for meetings at which the agency head will be absent. The designee will have all powers to participate in board deliberations as have the other board members but shall not have voting powers.
[ 2003 c 151 § 2; 1993 c 320 § 3; 1987 c 422 § 3; 1985 c 446 § 4.]
2023 Revised Code of Washington › Title 43 - State Government—Executive › Chapter 43.160 - Economic Development—Public Facilities Loans and Grants. › 43.160.040 - Conflicts of interest—Code of ethics.

RCW 43.160.040
Conflicts of interest—Code of ethics.
In addition to other applicable provisions of law pertaining to conflicts of interest of public officials, no board member, appointive or otherwise, may participate in any decision on any board contract in which the board member has any interests, direct or indirect, with any firm, partnership, corporation, or association which would be the recipient of any aid under this chapter. In any instance where the participation occurs, the board shall void the transaction, and the involved member shall be subject to whatever further sanctions may be provided by law. The board shall frame and adopt a code of ethics for its members, which shall be designed to protect the state and its citizens from any unethical conduct by the board.
[ 1982 1st ex.s. c 40 § 4.]
2023 Revised Code of Washington › Title 43 - State Government—Executive › Chapter 43.160 - Economic Development—Public Facilities Loans and Grants. › 43.160.050 - Powers of board.

RCW 43.160.050
Powers of board.
The board may:
(1) Adopt bylaws for the regulation of its affairs and the conduct of its business.
(2) Adopt an official seal and alter the seal at its pleasure.
(3) Utilize the services of other governmental agencies.
(4) Accept from any federal agency loans or grants for the planning or financing of any project and enter into an agreement with the agency respecting the loans or grants.
(5) Conduct examinations and investigations and take testimony at public hearings of any matter material for its information that will assist in determinations related to the exercise of the board's lawful powers.
(6) Accept any gifts, grants, or loans of funds, property, or financial or other aid in any form from any other source on any terms and conditions which are not in conflict with this chapter.
(7) Enter into agreements or other transactions with and accept grants and the cooperation of any governmental agency in furtherance of this chapter.
(8) Adopt rules under chapter 34.05 RCW as necessary to carry out the purposes of this chapter.
(9) Do all acts and things necessary or convenient to carry out the powers expressly granted or implied under this chapter.
[ 2008 c 327 § 4; 1996 c 51 § 4; 1987 c 422 § 4; 1982 1st ex.s. c 40 § 5.]
NOTES:
Effective date—2008 c 327 §§ 1, 2, 4-11, 17: See note following RCW 43.160.010.
Severability—Effective dates—1996 c 51: See notes following RCW 43.160.010.
2023 Revised Code of Washington › Title 43 - State Government—Executive › Chapter 43.160 - Economic Development—Public Facilities Loans and Grants. › 43.160.070 - Conditions.

RCW 43.160.070
Conditions.
Public facilities financial assistance, when authorized by the board, is subject to the following conditions:
(1) The moneys in the public facilities construction loan revolving account shall be used solely to fulfill commitments arising from financial assistance authorized in this chapter. The total outstanding amount which the board shall dispense at any time pursuant to this section shall not exceed the moneys available from the account.
(2) On contracts made for public facilities loans the board shall determine the interest rate which loans shall bear. The interest rate shall not exceed ten percent per annum. The board may provide reasonable terms and conditions for repayment for loans, including partial forgiveness of loan principal and interest payments on projects located in rural communities as defined by the board, or rural counties. The loans shall not exceed twenty years in duration.
(3) Repayments of loans made from the public facilities construction loan revolving account under the contracts for public facilities construction loans shall be paid into the public facilities construction loan revolving account. Repayments of loans from moneys from the new appropriation from the public works assistance account for the fiscal biennium ending June 30, 1999, shall be paid into the public works assistance account.
(4) When every feasible effort has been made to provide loans and loans are not possible, the board may provide grants upon finding that unique circumstances exist.
[ 2008 c 327 § 6; 1999 c 164 § 104; 1998 c 321 § 27 (Referendum Bill No. 49, approved November 3, 1998); 1997 c 235 § 721; 1996 c 51 § 6; 1990 1st ex.s. c 16 § 802; 1983 1st ex.s. c 60 § 4; 1982 1st ex.s. c 40 § 7.]
NOTES:
Effective date—2008 c 327 §§ 1, 2, 4-11, 17: See note following RCW 43.160.010.
Findings—Intent—Part headings and subheadings not law—Effective date—Severability—1999 c 164: See notes following RCW 43.160.010.
Purpose—Severability—1998 c 321: See notes following RCW 82.14.045.
Contingent effective dates—1998 c 321 §§ 23-42: See note following RCW 35.58.410.
Severability—Effective date—1997 c 235: See notes following RCW 79A.15.040.
Severability—Effective dates—1996 c 51: See notes following RCW 43.160.010.
Severability—1990 1st ex.s. c 16: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [ 1990 1st ex.s. c 16 § 803.]
2023 Revised Code of Washington › Title 43 - State Government—Executive › Chapter 43.160 - Economic Development—Public Facilities Loans and Grants. › 43.160.074 - Application—Request for improvements to existing highways—Procedures.

RCW 43.160.074
Application—Request for improvements to existing highways—Procedures.
(1) An application to the board from a political subdivision may also include a request for improvements to an existing state highway or highways. The application is subject to all of the applicable criteria relative to qualifying types of development set forth in this chapter, as well as procedures and criteria established by the board.
(2) Before board consideration of an application from a political subdivision that includes a request for improvements to an existing state highway or highways, the application shall be forwarded by the board to the department of transportation.
(3) The board may not make its final determination on any application made under subsection (1) of this section before receiving approval, as submitted or amended or disapproval from the department of transportation as specified in RCW 47.01.280. Notwithstanding its disposition of the remainder of any such application, the board may not approve a request for improvements to an existing state highway or highways without the approval as submitted or amended of the department of transportation as specified in RCW 47.01.280.
(4) The board shall notify the department of transportation of its decision regarding any application made under this section.
[ 2008 c 327 § 7; 1985 c 433 § 5.]
NOTES:
Effective date—2008 c 327 §§ 1, 2, 4-11, 17: See note following RCW 43.160.010.
Nonseverability—1985 c 433: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the entire act and the application of the provision to other persons or circumstances is invalid and of no further force and effect." [ 1985 c 433 § 10.]
2023 Revised Code of Washington › Title 43 - State Government—Executive › Chapter 43.160 - Economic Development—Public Facilities Loans and Grants. › 43.160.077 - Applications—Processing of recyclable materials—Department of ecology notice.

RCW 43.160.077
Applications—Processing of recyclable materials—Department of ecology notice.
(1) When the board receives an application from a political subdivision that includes a request for assistance in financing the cost of public facilities to encourage the development of a private facility to process recyclable materials, a copy of the application shall be sent by the board to the department of ecology.
(2) The board shall notify the department of ecology of its decision regarding any application made under this section.
[ 1993 c 320 § 6; 1989 c 431 § 63.]
2023 Revised Code of Washington › Title 43 - State Government—Executive › Chapter 43.160 - Economic Development—Public Facilities Loans and Grants. › 43.160.078 - Board to familiarize government officials and public with chapter provisions.

RCW 43.160.078
Board to familiarize government officials and public with chapter provisions.
In order to enhance competition for grants and loans and the quality of projects for which loans and grants are sought, the board shall take such reasonable measures as are necessary to familiarize government officials and members of the public with the provisions of this chapter, particularly the board's authority to make grants and loans.
[ 1985 c 446 § 5.]
2023 Revised Code of Washington › Title 43 - State Government—Executive › Chapter 43.160 - Economic Development—Public Facilities Loans and Grants. › 43.160.080 - Public facilities construction loan revolving account.

RCW 43.160.080
Public facilities construction loan revolving account.
There shall be a fund in the state treasury known as the public facilities construction loan revolving account, which shall consist of all moneys collected under this chapter and any moneys appropriated to it by law. Disbursements from the revolving account shall be on authorization of the board. In order to maintain an effective expenditure and revenue control, the public facilities construction loan revolving account shall be subject in all respects to chapter 43.88 RCW. During the 2013-2015 biennium, amounts in the public facilities construction loan revolving account may be used for the animal disease traceability project in section 3247, chapter 19, Laws of 2013 2nd sp. sess., administered by the department of agriculture. During the 2013-2015 biennium, sums in the public facilities construction loan revolving account may be used for the clean energy partnership project in section 1038, chapter 19, Laws of 2013 2nd sp. sess. During the 2015-2017 biennium, sums in the public facilities construction loan revolving account may be used to continue and enhance the animal disease traceability project in section 3247, chapter 19, Laws of 2013 2nd sp. sess., administered by the department of agriculture. During the 2015-2017 biennium, sums in the public facilities construction loan revolving account may be used for the clean energy partnership project in section 1038, chapter 19, Laws of 2013 2nd sp. sess.
[ 2015 3rd sp.s. c 3 § 7034; 2015 3rd sp.s. c 3 § 6029; 2010 1st sp.s. c 36 § 6011; 2008 c 327 § 11; 1998 c 321 § 30 (Referendum Bill No. 49, approved November 3, 1998); 1992 c 235 § 10; 1991 sp.s. c 13 § 115; 1987 c 422 § 6; 1984 c 257 § 12; 1983 1st ex.s. c 60 § 6; 1982 1st ex.s. c 40 § 8.]
NOTES:
Reviser's note: This section was amended by 2015 3rd sp.s. c 3 § 6029 and by 2015 3rd sp.s. c 3 § 7034, each without reference to the other. Both amendments are incorporated in the publication of this section under RCW 1.12.025(2). For rule of construction, see RCW 1.12.025(1).
Effective date—2015 3rd sp.s. c 3: "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 [June 30, 2015]." [ 2015 3rd sp.s. c 3 § 7045.]
Effective date—2010 1st sp.s. c 36: See note following RCW 43.155.050.
Effective date—2008 c 327 §§ 1, 2, 4-11, 17: See note following RCW 43.160.010.
Purpose—Severability—1998 c 321: See notes following RCW 82.14.045.
Contingent effective dates—1998 c 321 §§ 23-42: See note following RCW 35.58.410.
Effective dates—Severability—1991 sp.s. c 13: See notes following RCW 18.08.240.
2023 Revised Code of Washington › Title 43 - State Government—Executive › Chapter 43.160 - Economic Development—Public Facilities Loans and Grants. › 43.160.090 - Records—Audits.

RCW 43.160.090
Records—Audits.
The board and the department shall keep proper records of accounts and shall be subject to audit by the state auditor.
[ 1996 c 51 § 8; 1987 c 505 § 42; 1982 1st ex.s. c 40 § 9.]
NOTES:
Severability—Effective dates—1996 c 51: See notes following RCW 43.160.010.