reglab/statecodes huggingface dataset:
2023 Revised Code of Washington › Title 39 - Public Contracts and Indebtedness › Chapter 39.35 - Energy Conservation in Design of Public Facilities. › 39.35.060 - Life-cycle cost analysis—Review fees.

RCW 39.35.060
Life-cycle cost analysis—Review fees.
The department may impose fees upon affected public agencies for the review of life-cycle cost analyses. The fees shall be deposited in the enterprise services account. The purpose of the fees is to recover the costs by the department for review of the analyses. The department shall set fees at a level necessary to recover all of its costs related to increasing the energy efficiency of state-supported new construction. The fees shall not exceed one-tenth of one percent of the total cost of any project or exceed two thousand dollars for any project unless mutually agreed to. The department shall provide detailed calculation ensuring that the energy savings resulting from its review of life-cycle cost analysis justify the costs of performing that review.
[ 2015 c 225 § 45; 2001 c 292 § 1; 1996 c 186 § 404; 1991 c 201 § 16.]
NOTES:
Findings—Intent—Part headings not law—Effective date—1996 c 186: See notes following RCW 43.330.904.
2023 Revised Code of Washington › Title 39 - Public Contracts and Indebtedness › Chapter 39.35A - Performance-Based Contracts for Water Conservation, Solid Waste Reduction, and Energy Equipment. › 39.35A.010 - Findings.

RCW 39.35A.010
Findings.
The legislature finds that:
(1) Conserving energy and water in publicly owned buildings will have a beneficial effect on our overall supply of energy and water;
(2) Conserving energy and water in publicly owned buildings can result in cost savings for taxpayers; and
(3) Performance-based energy contracts are a means by which municipalities can achieve energy and water conservation without capital outlay.
Therefore, the legislature declares that it is the policy that a municipality may, after a competitive selection process, negotiate a performance-based energy contract with a firm that offers the best proposal.
[ 2007 c 39 § 1; 1985 c 169 § 1.]
2023 Revised Code of Washington › Title 39 - Public Contracts and Indebtedness › Chapter 39.35A - Performance-Based Contracts for Water Conservation, Solid Waste Reduction, and Energy Equipment. › 39.35A.030 - Performance-based contracts for water conservation services, solid waste reduction services, and energy equipment and services.

RCW 39.35A.030
Performance-based contracts for water conservation services, solid waste reduction services, and energy equipment and services.
(1) Each municipality shall publish in advance its requirements to procure water conservation services, solid waste reduction services, or energy equipment and services under a performance-based contract. The announcement shall state concisely the scope and nature of the equipment and services for which a performance-based contract is required, and shall encourage firms to submit proposals to meet these requirements.
(2) The municipality may negotiate a fair and reasonable performance-based contract with the firm that is identified, based on the criteria that is established by the municipality, to be the firm that submits the best proposal.
(3) If the municipality is unable to negotiate a satisfactory contract with the firm that submits the best proposal, negotiations with that firm shall be formally terminated and the municipality may select another firm in accordance with this section and continue negotiation until a performance-based contract is reached or the selection process is terminated.
[ 2007 c 39 § 3; 1985 c 169 § 3.]
2023 Revised Code of Washington › Title 39 - Public Contracts and Indebtedness › Chapter 39.35A - Performance-Based Contracts for Water Conservation, Solid Waste Reduction, and Energy Equipment. › 39.35A.040 - Application of other procurement requirements.

RCW 39.35A.040
Application of other procurement requirements.
If a municipality chooses, by resolution or other appropriate mechanism, to negotiate a performance-based contract under this chapter, no otherwise applicable statutory procurement requirement applies.
[ 1985 c 169 § 4.]
2023 Revised Code of Washington › Title 39 - Public Contracts and Indebtedness › Chapter 39.35A - Performance-Based Contracts for Water Conservation, Solid Waste Reduction, and Energy Equipment. › 39.35A.050 - Energy service contractor registry—Identification of performance-based contracting services.

RCW 39.35A.050
Energy service contractor registry—Identification of performance-based contracting services.
The state department of enterprise services shall maintain a registry of energy service contractors and provide assistance to municipalities in identifying available performance-based contracting services.
[ 2015 c 225 § 46; 2001 c 214 § 19.]
NOTES:
Severability—Effective date—2001 c 214: See notes following RCW 80.50.010.
Findings—2001 c 214: See note following RCW 39.35.010.
2023 Revised Code of Washington › Title 39 - Public Contracts and Indebtedness › Chapter 39.35A - Performance-Based Contracts for Water Conservation, Solid Waste Reduction, and Energy Equipment. › 39.35A.060 - Conservation—Distributed energy resources.

RCW 39.35A.060
Conservation—Distributed energy resources.
For purposes of this chapter:
(1) Conservation may be achieved through the deployment of distributed energy resources; and
(2) Distributed energy resources include, but are not limited to, energy efficiency projects that are not cogeneration projects, energy storage, demand response, electric vehicle charging infrastructure, and grid-interactive efficient buildings.
[ 2022 c 128 § 5.]
2023 Revised Code of Washington › Title 39 - Public Contracts and Indebtedness › Chapter 39.35B - Life-Cycle Cost Analysis of Public Facilities. › 39.35B.010 - Legislative findings.

RCW 39.35B.010
Legislative findings.
The legislature finds that:
(1) Operating costs of a facility over its lifetime may greatly exceed the initial cost of the facility;
(2) In the planning, design, and funding for new construction or major renovation of state-owned facilities it is desirable to consider not only the initial costs relating to design and construction or acquisition, but the anticipated operating costs relating to the building throughout its life;
(3) The consideration of both initial and operating costs is known as life-cycle cost or life-cycle cost analysis;
(4) Operating costs of a facility for purposes of this chapter include, but are not limited to, energy costs, maintenance and repair costs, and costs of the work or activity performed within the facility, including wages and salaries;
(5) Current law, chapter 39.35 RCW, speaks to life-cycle cost analysis only in relation to energy conservation; and
(6) Life-cycle cost may not be suitable or cost-effective for all capital projects or all components of a facility, and is not an exclusive criteria for decision-making, but is nonetheless a useful framework for evaluating design and capital investment alternatives.
[ 1986 c 127 § 1.]
2023 Revised Code of Washington › Title 39 - Public Contracts and Indebtedness › Chapter 39.35B - Life-Cycle Cost Analysis of Public Facilities. › 39.35B.020 - Legislative declaration.

RCW 39.35B.020
Legislative declaration.
The legislature declares that:
(1) It is the policy of the state to consider life-cycle costs in the selection of facility design alternatives, to the full extent practical, reasonable, and cost-effective;
(2) Life-cycle cost should be considered by the state government, school districts, and state universities and community colleges in the planning, design, and funding for new construction or major renovations; and
(3) Use of life-cycle cost should be encouraged for cities, counties, and other governmental districts including special purpose districts.
[ 1986 c 127 § 2.]
2023 Revised Code of Washington › Title 39 - Public Contracts and Indebtedness › Chapter 39.35B - Life-Cycle Cost Analysis of Public Facilities. › 39.35B.030 - Intent.

RCW 39.35B.030
Intent.
It is the intent of the legislature to:
(1) Expand the definition and use of "life-cycle cost" and "life-cycle cost analysis" to include consideration of all operating costs, as opposed to only energy-related costs as addressed by chapter 39.35 RCW;
(2) Encourage the recognition, development, and use of life-cycle cost concepts and procedures by both the executive and legislative branches in the state's design development and capital budgeting processes;
(3) Ensure the dissemination and use of a common and realistic discount rate by all state agencies in the calculation of the present value of future costs;
(4) Allow and encourage the executive branch to develop specific techniques and procedures for the state government and its agencies, and state universities and community colleges to implement this policy; and
(5) Encourage cities, counties, and other governmental districts including special purpose districts to adopt programs and procedures to implement this policy.
[ 1986 c 127 § 3.]
2023 Revised Code of Washington › Title 39 - Public Contracts and Indebtedness › Chapter 39.35B - Life-Cycle Cost Analysis of Public Facilities. › 39.35B.040 - Implementation.

RCW 39.35B.040
Implementation.
The principal executives of all state agencies are responsible for implementing the policy set forth in this chapter. The office of financial management in conjunction with the department of enterprise services may establish guidelines for compliance by the state government and its agencies, and state universities and community colleges. The office of financial management shall include within its biennial capital budget instructions:
(1) A discount rate for the use of all agencies in calculating the present value of future costs, and several examples of resultant trade-offs between annual operating costs eliminated and additional capital costs thereby justified; and
(2) Types of projects and building components that are particularly appropriate for life-cycle cost analysis.
[ 2015 c 225 § 47; 1986 c 127 § 4.]
NOTES:
2023 Revised Code of Washington › Title 39 - Public Contracts and Indebtedness › Chapter 39.35B - Life-Cycle Cost Analysis of Public Facilities. › 39.35B.050 - Life-cycle cost model and analysis—Duties of the office of financial management.

RCW 39.35B.050
Life-cycle cost model and analysis—Duties of the office of financial management.
The office of financial management shall:
(1) Design and implement a cost-effective life-cycle cost model by October 1, 2008, based on the work completed by the joint legislative audit and review committee in January 2007 and in consultation with legislative fiscal committees;
(2) Deploy the life-cycle cost model for use by state agencies once completed and tested;
(3) Update the life-cycle cost model periodically in consultation with legislative fiscal committees;
(4) Establish clear policies, standards, and procedures regarding the use of life-cycle cost analysis by state agencies including:
(a) When state agencies must use the life-cycle cost analysis, including the types of proposed capital projects and leased facilities to which it must be applied;
(b) Procedures state agencies must use to document the results of required life-cycle cost analyses;
(c) Standards regarding the discount rate and other key model assumptions; and
(d) A process to document and justify any deviation from the standard assumptions.
[ 2007 c 506 § 3; (2011 1st sp.s. c 48 § 7005 expired June 30, 2013).]
NOTES:
Expiration date—2011 1st sp.s. c 48 § 7005: "Section 7005 of this act expires June 30, 2013." [ 2011 1st sp.s. c 48 § 7038.]
Effective dates—2011 1st sp.s. c 48: "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 15, 2011], except for sections 7022 through 7025 and 7027 of this act which take effect July 1, 2011." [ 2011 1st sp.s. c 48 § 7039.]
Findings—Intent—2007 c 506: See note following RCW 43.82.035.
2023 Revised Code of Washington › Title 39 - Public Contracts and Indebtedness › Chapter 39.35C - Energy Conservation Projects. › 39.35C.025 - Energy audit of school district facilities—Completion dates—Identification, implementation of cost-effective energy conservation measures.

RCW 39.35C.025
Energy audit of school district facilities—Completion dates—Identification, implementation of cost-effective energy conservation measures.
(1) Except as provided in subsections (2) and (3) of this section, each school district shall conduct an energy audit of its facilities. This energy audit may be conducted by contract or by other arrangement, including appropriate district staff. Performance-based contracting shall be the preferred method for implementing and completing energy audits.
(a) For each district facility, the energy consumption surveys shall be completed no later than December 31, 2001, and the walk-through surveys shall be completed no later than October 1, 2002. Upon completion of each walk-through survey, the district shall implement energy conservation maintenance and operation procedures that may be identified for any district facility. These procedures shall be implemented as soon as possible, but not later than twelve months after the walk-through survey.
(b) Except as provided in subsection (3) of this section, if a walk-through survey has identified potentially cost-effective energy conservation measures, the district shall undertake an investment grade audit of the facility. Investment grade audits shall be completed no later than June 30, 2003, and installation of cost-effective conservation measures recommended in the investment grade audit shall be completed no later than December 31, 2004.
(2) A school district that, after December 31, 1997, has completed energy audits and implemented cost-effective conservation measures, or has contracted with an energy service company for energy audits and conservation measures, is deemed to have met the requirements of this section for those facilities included in the audits and conservation measures.
(3) A school district that after reasonable efforts and consultation with the department is unable to obtain a contract with an energy service company to conduct an investment grade audit or install cost-effective conservation measures recommended in an investment grade audit, is exempt from the requirements of subsection (1)(b) of this section.
[ 2001 c 214 § 22.]
NOTES:
Severability—Effective date—2001 c 214: See notes following RCW 80.50.010.
Findings—2001 c 214: See note following RCW 39.35.010.
2023 Revised Code of Washington › Title 39 - Public Contracts and Indebtedness › Chapter 39.35C - Energy Conservation Projects. › 39.35C.030 - Department coordination of conservation development with utilities.

RCW 39.35C.030
Department coordination of conservation development with utilities.
(1) The department shall consult with the local utilities to develop priorities for energy conservation projects pursuant to this chapter, cooperate where possible with existing utility programs, and consult with the local utilities prior to implementing projects in their service territory.
(2) A local utility shall be offered the initial opportunity to participate in the development of conservation projects in the following manner:
(a) Before initiating projects in a local utility service territory, the department shall notify the local utility in writing, on an annual basis, of public facilities in the local utility's service territory at which the department anticipates cost-effective conservation projects will be developed.
(b) Within sixty days of receipt of this notification, the local utility may express interest in these projects by submitting to the department a written description of the role the local utility is willing to perform in developing and acquiring the conservation at these facilities. This role may include any local utility conservation programs which would be available to the public facility, any competitive bidding or solicitation process which the local utility will be undertaking in accordance with the rules of the utilities and transportation commission or the public utility district, municipal utility, cooperative, or mutual governing body for which the public facility would be eligible, or any other role the local utility may be willing to perform.
(c) Upon receipt of the written description from the local utility, the department shall, through discussions with the local utility, and with involvement from state agencies and school districts responsible for the public facilities, develop a plan for coordinated delivery of conservation services and financing or make a determination of whether to participate in the local utility's competitive bidding or solicitation process. The plan shall identify the local utility in roles that the local utility is willing to perform and that are consistent with the provisions of RCW 39.35C.040(2) (d) and (e).
[ 1996 c 186 § 407; 1991 c 201 § 4.]
NOTES:
Findings—Intent—Part headings not law—Effective date—1996 c 186: See notes following RCW 43.330.904.
2023 Revised Code of Washington › Title 39 - Public Contracts and Indebtedness › Chapter 39.35C - Energy Conservation Projects. › 39.35C.060 - Authority to finance conservation in state agencies, public school districts, public universities, and municipalities.

RCW 39.35C.060
Authority to finance conservation in state agencies, public school districts, public universities, and municipalities. (Effective until June 30, 2033.)
State agencies, public school districts, public universities, and municipalities may use financing contracts under chapter 39.94 RCW, as well as performance-based contracts, to provide all or part of the funding for conservation projects. The department shall determine the eligibility of such projects for financing contracts. The repayments of the financing contracts or performance-based contracts shall be sufficient to pay, when due, the principal and interest on the contracts or the services payments over the agreed upon term. Performance-based contracts entered into by state agencies, public school districts, public universities, and municipalities under chapter 309, Laws of 2023 that include the purchase of real or personal property are subject to the requirements of chapter 39.94 RCW. Pursuant to chapter 39.94 RCW, no later than December 31, 2023, the department shall complete development of approved model contracts authorized by chapter 309, Laws of 2023.
[ 2023 c 309 § 5; 1996 c 186 § 410; 1991 c 201 § 7.]
NOTES:
Expiration date—2023 c 309 §§ 2-5: See note following RCW 39.35A.020.
Findings—Intent—Part headings not law—Effective date—1996 c 186: See notes following RCW 43.330.904.
State agencies may use financing contracts under chapter 39.94 RCW to provide all or part of the funding for conservation projects. The department shall determine the eligibility of such projects for financing contracts. The repayments of the financing contracts shall be sufficient to pay, when due, the principal and interest on the contracts.
[ 1996 c 186 § 410; 1991 c 201 § 7.]
NOTES:
Findings—Intent—Part headings not law—Effective date—1996 c 186: See notes following RCW 43.330.904.
2023 Revised Code of Washington › Title 39 - Public Contracts and Indebtedness › Chapter 39.35C - Energy Conservation Projects. › 39.35C.090 - Additional authority of state agencies.

RCW 39.35C.090
Additional authority of state agencies.
In addition to any other authorities conferred by law:
(1) The department, with the consent of the state agency responsible for a facility, a state or regional university acting independently, and any other state agency acting through the department or as otherwise authorized by law, may:
(a) Contract to sell electric energy generated at state facilities to a utility; and
(b) Contract to sell thermal energy produced at state facilities to a utility.
(2) A state or regional university acting independently, and any other state agency acting through the department or as otherwise authorized by law, may:
(a) Acquire, install, permit, construct, own, operate, and maintain cogeneration and facility heating and cooling measures or equipment, or both, at its facilities;
(b) Lease state property for the installation and operation of cogeneration and facility heating and cooling equipment at its facilities;
(c) Contract to purchase all or part of the electric or thermal output of cogeneration plants at its facilities;
(d) Contract to purchase or otherwise acquire fuel or other energy sources needed to operate cogeneration plants at its facilities; and
(e) Undertake procurements for third-party development of cogeneration projects at its facilities, with successful bidders to be selected based on the responsible bid, including nonprice elements listed in RCW 39.26.160, that offers the greatest net achievable benefits to the state and its agencies.
(3) After July 28, 1991, a state agency shall consult with the department prior to exercising any authority granted by this section.
(4) In exercising the authority granted by subsections (1) and (2) of this section, a state agency must comply with the provisions of RCW 39.35C.080.
[ 2015 c 79 § 11; 1996 c 186 § 413; 1991 c 201 § 10.]
NOTES:
Findings—Intent—Part headings not law—Effective date—1996 c 186: See notes following RCW 43.330.904.
2023 Revised Code of Washington › Title 39 - Public Contracts and Indebtedness › Chapter 39.35C - Energy Conservation Projects. › 39.35C.130 - Adoption of rules.

RCW 39.35C.130
Adoption of rules.
The department may adopt rules to implement RCW 39.35C.020 through 39.35C.040, 39.35C.070, 39.35C.080, and 39.35.050.
[ 1996 c 186 § 416; 1991 c 201 § 17.]
NOTES:
Findings—Intent—Part headings not law—Effective date—1996 c 186: See notes following RCW 43.330.904.
2023 Revised Code of Washington › Title 39 - Public Contracts and Indebtedness › Chapter 39.35C - Energy Conservation Projects. › 39.35C.140 - Conservation—Distributed energy resources.

RCW 39.35C.140
Conservation—Distributed energy resources.
For purposes of this chapter:
(1) Conservation may be achieved through the deployment of distributed energy resources; and
(2) Distributed energy resources include, but are not limited to, energy efficiency projects that are not cogeneration projects, energy storage, demand response, electric vehicle charging infrastructure, and grid-interactive efficient buildings.
[ 2022 c 128 § 4.]
2023 Revised Code of Washington › Title 39 - Public Contracts and Indebtedness › Chapter 39.35C - Energy Conservation Projects. › 39.35C.150 - Private-public partnerships—Performance-based contracts—Report.

RCW 39.35C.150
Private-public partnerships—Performance-based contracts—Report. (Expires June 30, 2033.)
(1) The objective of chapter 309, Laws of 2023 is to promote private-public partnerships to reduce the amount of deferred maintenance required by the clean building performance standard and decarbonize buildings and central energy systems in public facilities in a cost-effective manner.
(2) By June 30, 2031, the department must submit a report to the governor and the appropriate committees of the legislature on the adoption rate and cost-effectiveness of the performance-based contract authorized under chapter 309, Laws of 2023. The report must include:
(a) The number of performance-based contracts issued;
(b) The cost-effectiveness of performance-based contracts issued, compared to alternative available financing mechanisms, including certificates of participation;
(c) Recommendations to improve the use of performance-based contracts; and
(d) Any other significant information associated with the implementation of chapter 309, Laws of 2023.
(3) It is the intent of the legislature to consider the findings of the report and extend the expiration date of chapter 309, Laws of 2023 if performance-based contracts are achieving the legislative objective.
(4) This section expires June 30, 2033.
[ 2023 c 309 § 1.]
2023 Revised Code of Washington › Title 39 - Public Contracts and Indebtedness › Chapter 39.35D - High-Performance Public Buildings. › 39.35D.010 - Finding—Intent.

RCW 39.35D.010
Finding—Intent.
(1) The legislature finds that public buildings can be built and renovated using high-performance methods that save money, improve school performance, and make workers more productive. High-performance public buildings are proven to increase student test scores, reduce worker absenteeism, and cut energy and utility costs.
(2) It is the intent of the legislature that state-owned buildings and schools be improved by adopting recognized standards for high-performance public buildings, reducing energy consumption, and allowing flexible methods and choices in how to achieve those standards and reductions. The legislature also intends that public agencies and public school districts shall document costs and savings to monitor this program and ensure that economic, community, and environmental goals are achieved each year, and that an independent performance review be conducted to evaluate this program and determine the extent to which the results intended by this chapter are being met.
(3) The legislature further finds that state agency leadership is needed in the development of preparation and adaptation actions for climate change to ensure the economic health, safety, and environmental well-being of the state and its citizens.
[ 2009 c 519 § 8; 2005 c 12 § 1.]
NOTES:
Findings—2009 c 519: See RCW 70A.05.900.
2023 Revised Code of Washington › Title 39 - Public Contracts and Indebtedness › Chapter 39.35D - High-Performance Public Buildings. › 39.35D.020 - Definitions.

RCW 39.35D.020
Definitions.
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
(1) "Department" means the department of enterprise services.
(2) "High-performance public buildings" means high-performance public buildings designed, constructed, and certified to a standard as identified in this chapter.
(3) "Institutions of higher education" means the state universities, the regional universities, The Evergreen State College, the community colleges, and the technical colleges.
(4) "LEED silver standard" means the United States green building council leadership in energy and environmental design green building rating standard, referred to as silver standard.
(5)(a) "Major facility project" means: (i) A construction project larger than five thousand gross square feet of occupied or conditioned space as defined in the Washington state energy code; or (ii) a building renovation project when the cost is greater than fifty percent of the assessed value and the project is larger than five thousand gross square feet of occupied or conditioned space as defined in the Washington state energy code.
(b) "Major facility project" does not include: (i) Projects for which the department, public school district, or other applicable agency and the design team determine the LEED silver standard or the Washington sustainable school design protocol to be not practicable; or (ii) transmitter buildings, pumping stations, hospitals, research facilities primarily used for sponsored laboratory experimentation, laboratory research, or laboratory training in research methods, or other similar building types as determined by the department. When the LEED silver standard is determined to be not practicable for a project, then it must be determined if any LEED standard is practicable for the project. If LEED standards or the Washington sustainable school design protocol are not followed for the project, the public school district or public agency shall report these reasons to the department.
(6) "Public agency" means every state office, officer, board, commission, committee, bureau, department, and public higher education institution.
(7) "Public school district" means a school district eligible to receive state basic education moneys pursuant to RCW 28A.150.250 and 28A.150.260.
(8) "Washington sustainable school design protocol" means the school design protocol and related information developed by the office of the superintendent of public instruction, in conjunction with school districts and the school facilities advisory board.
[ 2011 1st sp.s. c 43 § 249; 2006 c 263 § 330; 2005 c 12 § 2.]
NOTES:
Effective date—Purpose—2011 1st sp.s. c 43: See notes following RCW 43.19.003.
Findings—Purpose—Part headings not law—2006 c 263: See notes following RCW 28A.150.230.
2023 Revised Code of Washington › Title 39 - Public Contracts and Indebtedness › Chapter 39.35D - High-Performance Public Buildings. › 39.35D.050 - Annual reports—Submission to legislature.

RCW 39.35D.050
Annual reports—Submission to legislature.
On or before January 1, 2009, the department and the superintendent of public instruction shall summarize the reports submitted under RCW 39.35D.030(4) and 39.35D.040(3) and submit the individual reports to the legislative committees on capital budget and ways and means for review of the program's performance and consideration of any changes that may be needed to adapt the program to any new or modified standards for high-performance buildings that meet the intent of this chapter.
[ 2005 c 12 § 5.]
2023 Revised Code of Washington › Title 39 - Public Contracts and Indebtedness › Chapter 39.35D - High-Performance Public Buildings. › 39.35D.060 - Guidelines for administration of chapter—Amendment of fee schedules—Architecture and engineering services—Building commissioning—Preproposal conferences—Advisory committee.

RCW 39.35D.060
Guidelines for administration of chapter—Amendment of fee schedules—Architecture and engineering services—Building commissioning—Preproposal conferences—Advisory committee.
(1)(a) The department, in consultation with affected public agencies, shall develop and issue guidelines for administering this chapter for public agencies. The purpose of the guidelines is to define a procedure and method for employing and verifying activities necessary for certification to at least the LEED silver standard for major facility projects.
(b) The department and the office of the superintendent of public instruction shall amend their fee schedules for architectural and engineering services to accommodate the requirements in the design of major facility projects under this chapter.
(c) The department and the office of the superintendent of public instruction shall procure architecture and engineering services consistent with chapter 39.80 RCW.
(d) Major facility projects designed to meet standards identified in this chapter must include building commissioning as a critical cost-saving part of the construction process. This process includes input from the project design and construction teams and the project ownership representatives.
(e) As provided in the request for proposals for construction services, the operating agency shall hold a preproposal conference for prospective bidders to discuss compliance with and achievement of standards identified in this chapter for prospective respondents.
(2) The department shall create a high-performance buildings advisory committee comprised of representatives from the design and construction industry involved in public works contracting, personnel from the affected public agencies responsible for overseeing public works projects, the office of the superintendent of public instruction, and others at the department's discretion to provide advice on implementing this chapter. Among other duties, the advisory committee shall make recommendations regarding an education and training process and an ongoing evaluation or feedback process to help the department implement this chapter.
(3) The department and the office of the superintendent of public instruction shall adopt rules to implement this section.
[ 2006 c 263 § 332; 2005 c 12 § 6.]
NOTES:
Findings—Purpose—Part headings not law—2006 c 263: See notes following RCW 28A.150.230.
2023 Revised Code of Washington › Title 39 - Public Contracts and Indebtedness › Chapter 39.35D - High-Performance Public Buildings. › 39.35D.070 - Liability for failure to meet standards.

RCW 39.35D.070
Liability for failure to meet standards.
A member of the design or construction teams may not be held liable for the failure of a major facility project to meet the LEED silver standard or other LEED standard established for the project as long as a good faith attempt was made to achieve the LEED standard set for the project.
[ 2005 c 12 § 10.]
2023 Revised Code of Washington › Title 39 - Public Contracts and Indebtedness › Chapter 39.35D - High-Performance Public Buildings. › 39.35D.080 - Affordable housing projects—Exemption.

RCW 39.35D.080
Affordable housing projects—Exemption.
Except as provided in this section, affordable housing projects funded out of the state capital budget are exempt from the provisions of this chapter. On or before July 1, 2008, the department of commerce shall identify, implement, and apply a sustainable building program for affordable housing projects that receive housing trust fund (under chapter 43.185A RCW) funding in a state capital budget. The department of commerce shall not develop its own sustainable building standard, but shall work with stakeholders to adopt an existing sustainable building standard or criteria appropriate for affordable housing. Any application of the program to affordable housing, including any monitoring to track the performance of either sustainable features or energy standards or both, is the responsibility of the department of commerce. Beginning in 2009 and ending in 2016, the department of commerce shall report to the department as required under RCW 39.35D.030(3)(b).
[ 2023 c 275 § 16; 2005 c 12 § 12.]
2023 Revised Code of Washington › Title 39 - Public Contracts and Indebtedness › Chapter 39.35D - High-Performance Public Buildings. › 39.35D.090 - Use of local building materials and products—Intent.

RCW 39.35D.090
Use of local building materials and products—Intent.
It is the intent and an established goal of the LEED program as authored by the United States green building council to increase demand for building materials and products that are extracted and manufactured locally, thereby reducing the environmental impacts and to support the local economy. Therefore, it is the intent of the legislature to emphasize this defined goal and establish a priority to use Washington state based resources, building materials, products, industries, manufacturers, and other businesses to provide economic development to Washington state and to meet the objectives of this chapter.
[ 2005 c 12 § 13.]
2023 Revised Code of Washington › Title 39 - Public Contracts and Indebtedness › Chapter 39.35D - High-Performance Public Buildings. › 39.35D.800 - Performance review—Report.

RCW 39.35D.800
Performance review—Report.
The joint legislative audit and review committee, or its successor legislative agency, shall conduct a performance review of the high-performance buildings program established under this chapter.
(1) The performance audit shall include, but not be limited to:
(a) The identification of the costs of implementation of high-performance building[s] standards in the design and construction of major facility projects subject to this chapter;
(b) The identification of operating savings attributable to the implementation of high-performance building[s] standards, including but not limited to savings in energy, utility, and maintenance costs;
(c) The identification of any impacts of high-performance buildings standards on worker productivity and student performance; and
(d) An evaluation of the effectiveness of the high-performance building[s] standards established under this chapter, and recommendations for any changes in those standards that may be supported by the committee's findings.
(2) The committee shall make a preliminary report of its findings and recommendations on or before December 1, 2010, and a final report on or before July 1, 2011.
[ 2005 c 12 § 14.]
2023 Revised Code of Washington › Title 39 - Public Contracts and Indebtedness › Chapter 39.36 - Limitation of Indebtedness of Taxing Districts. › 39.36.010 - Definitions.

RCW 39.36.010
Definitions.
The term "taxing district" as herein used shall be held to mean and embrace all counties, cities, towns, townships, port districts, school districts, metropolitan park districts or other municipal corporations which now, or may hereafter exist.
The term "the last assessed valuation of the taxable property in such taxing district" as used herein shall be held to mean and embrace the aggregate assessed valuation for such taxing district as placed on the last completed and balanced tax rolls of the county next preceding the date of contracting the debt or incurring the liability.
[ 1917 c 143 § 4; RRS § 5608.]
2023 Revised Code of Washington › Title 39 - Public Contracts and Indebtedness › Chapter 39.36 - Limitation of Indebtedness of Taxing Districts. › 39.36.015 - "Value of the taxable property" defined.

RCW 39.36.015
"Value of the taxable property" defined.
Whenever used in chapter 42, Laws of 1970 ex. sess., the term "value of the taxable property" shall mean the actual value of the taxable property in a taxing district incurring indebtedness, as the term "taxing district" is defined in RCW 39.36.010, to be ascertained by the last assessment for state and county purposes previous to the incurring of such indebtedness except that in incorporated cities the assessment shall be taken from the last assessment for city purposes, plus the timber assessed value for the district as defined in RCW 84.33.035.
[ 1984 c 204 § 15; 1970 ex.s. c 42 § 1.]
NOTES:
Savings—Effective date—1984 c 204: See notes following RCW 84.33.035.
Severability—1970 ex.s. c 42: "If any provision of this 1970 amendatory act, or its application to any person or circumstance is held invalid, the remainder of this 1970 amendatory act, or the application of the provision to other persons or circumstances is not affected." [ 1970 ex.s. c 42 § 41.]
Effective date—1970 ex.s. c 42: "The effective date of this 1970 amendatory act is November 1, 1970." [ 1970 ex.s. c 42 § 42.]
2023 Revised Code of Washington › Title 39 - Public Contracts and Indebtedness › Chapter 39.36 - Limitation of Indebtedness of Taxing Districts. › 39.36.030 - Computation of indebtedness.

RCW 39.36.030
Computation of indebtedness.
(1) Whenever it shall be necessary to compute the indebtedness of a taxing district for bonding or any other indebtedness purposes, taxes levied for the current year and cash on hand received for the purpose of carrying on the business of such taxing district for such current year shall be considered as an asset only as against indebtedness incurred during such current year which is payable from such taxes or cash on hand: PROVIDED, HOWEVER, That all taxes levied for the payment of bonds, warrants or other public debts of such taxing district, shall be deemed a competent and sufficient asset of the taxing district to be considered in calculating the constitutional debt limit or the debt limit prescribed by this chapter for any taxing district: PROVIDED, That the provisions of this section shall not apply in computing the debt limit of a taxing district in connection with bonds authorized pursuant to a vote of the electors at an election called prior to March 1, 1917.
(2) If reductions in assessed valuation of property within a taxing district result in the outstanding indebtedness of the taxing district exceeding its statutory indebtedness limitations, the amount of such excess indebtedness shall not be included in the statutory indebtedness ceiling. Additional indebtedness that is subject to indebtedness limitations, other than refinancing indebtedness that does not increase the total amount of indebtedness, may not be issued by such a taxing district until its total outstanding indebtedness, including that which this subsection removes from the statutory indebtedness limitations, is below these limitations.
(3) Nothing in this section authorizes taxing districts to incur indebtedness beyond constitutional indebtedness limitations.
[ 1986 c 50 § 1; 1921 c 123 § 1; 1917 c 143 § 2; RRS § 5606.]
2023 Revised Code of Washington › Title 39 - Public Contracts and Indebtedness › Chapter 39.36 - Limitation of Indebtedness of Taxing Districts. › 39.36.040 - Authorizations in violation of chapter void.

RCW 39.36.040
Authorizations in violation of chapter void.
All orders, authorizations, allowances, contracts, payments or liabilities to pay, made or attempted to be made in violation of this chapter, shall be absolutely void and shall never be the foundation of a claim against a taxing district.
[ 1994 c 81 § 75; 1923 c 45 § 1; 1917 c 143 § 3; RRS § 5607.]
2023 Revised Code of Washington › Title 39 - Public Contracts and Indebtedness › Chapter 39.36 - Limitation of Indebtedness of Taxing Districts. › 39.36.050 - Ballot proposition authorizing indebtedness—Excess property tax levies.

RCW 39.36.050
Ballot proposition authorizing indebtedness—Excess property tax levies.
The governing body of a taxing district desiring to place a ballot proposition authorizing indebtedness before the voters may submit the proposition at any special election held on the dates authorized in RCW 29A.04.330. The ballot proposition shall include the maximum amount of the indebtedness to be authorized, the maximum term any bonds may have, a description of the purpose or purposes of the bond issue, and whether excess property tax levies authorized under RCW 84.52.056 will be authorized.
When it is required that such bonds be retired by excess property tax levies, or when the governing body desires such bonds be retired by excess property tax levies, the ballot proposition shall also include authorization for such excess bond retirement property tax levies provided under RCW 84.52.056.
Notice of the proposed election shall be published as required by RCW 29A.52.355.
[ 2015 c 53 § 69; 1984 c 186 § 3.]
NOTES:
Purpose—1984 c 186: See note following RCW 39.46.110.
2023 Revised Code of Washington › Title 39 - Public Contracts and Indebtedness › Chapter 39.36 - Limitation of Indebtedness of Taxing Districts. › 39.36.060 - Chapter not applicable to loan agreements under chapter 39.69 RCW.

RCW 39.36.060
Chapter not applicable to loan agreements under chapter 39.69 RCW.
This chapter does not apply to a loan made pursuant to a loan agreement under chapter 39.69 RCW, and any computation of indebtedness under this chapter shall exclude the amount of any loan under such a loan agreement.
[ 1987 c 19 § 5.]
2023 Revised Code of Washington › Title 39 - Public Contracts and Indebtedness › Chapter 39.36 - Limitation of Indebtedness of Taxing Districts. › 39.36.900 - Validation—1969 c 142.

RCW 39.36.900
Validation—1969 c 142.
All bonds heretofore issued, or heretofore voted and which may have been or may hereafter be issued, by any taxing district pursuant to any of the foregoing sections as amended or for any of the purposes authorized by any of said sections are hereby validated.
[ 1969 c 142 § 6.]
2023 Revised Code of Washington › Title 39 - Public Contracts and Indebtedness › Chapter 39.40 - Vote Required at Bond Elections. › 39.40.010 - Forty percent poll of voters required.

RCW 39.40.010
Forty percent poll of voters required.
No general obligation bonds of any county, port district, or metropolitan park district upon which a vote of the people is required under existing laws shall be issued, nor shall they become a lien upon the taxable property within such county or district unless, in addition to all other requirements provided by law in the matter of the issuance of general obligation bonds by such county or district, the total vote cast upon such proposition shall exceed forty percent of the total number of voters voting in such county or district at the general county or state election next preceding such bond election.
[ 1961 ex.s. c 15 § 1; 1959 c 290 § 3; 1925 c 13 § 1; RRS § 5646-1.]
NOTES:
Exceeding debt limitation by municipalities: State Constitution Art. 8 § 6 (Amendment 27).
Vote required for excess levy to retire bonds issued for capital purposes: RCW 84.52.056.
2023 Revised Code of Washington › Title 39 - Public Contracts and Indebtedness › Chapter 39.40 - Vote Required at Bond Elections. › 39.40.020 - Existing election laws to apply.

RCW 39.40.020
Existing election laws to apply.
In all such elections the provisions of existing law with respect to registration, opening and closing of registration books and the duties of officers and the appointment and selection of election officials shall apply.
[ 1925 c 13 § 2; RRS § 5646-2.]
NOTES:
Election laws in general: Title 29A RCW.
2023 Revised Code of Washington › Title 39 - Public Contracts and Indebtedness › Chapter 39.40 - Vote Required at Bond Elections. › 39.40.030 - Certification of votes—Canvass.

RCW 39.40.030
Certification of votes—Canvass.
The election officials in each of the precincts included within any such district shall, as soon as possible and in no case later than five days after the closing of the polls of any election involving the issuance of bonds, certify to the county auditor of the county within which such district is located the total number of votes cast for and against each separate proposal and the vote shall be canvassed and certified by a canvassing board consisting of the chair of the board of county commissioners, the county auditor, and the prosecuting attorney who shall declare the result thereof.
[ 2011 c 336 § 806; 1959 c 290 § 4; 1925 c 13 § 3; RRS § 5646-3.]
2023 Revised Code of Washington › Title 39 - Public Contracts and Indebtedness › Chapter 39.40 - Vote Required at Bond Elections. › 39.40.040 - Prior bonds not affected.

RCW 39.40.040
Prior bonds not affected.
This chapter shall not affect the validity or the issuance of any such bonds voted at any lawful election held prior to the taking effect of this chapter.
[ 1925 c 13 § 4; RRS § 5646-4.]
2023 Revised Code of Washington › Title 39 - Public Contracts and Indebtedness › Chapter 39.42 - State Bonds, Notes, and Other Evidences of Indebtedness. › 39.42.010 - Scope of application.

RCW 39.42.010
Scope of application.
This chapter shall apply to all bonds, notes and other evidences of indebtedness of the state authorized by the legislature after *the effective date of this chapter, unless otherwise provided in the authorizing acts.
[ 1971 ex.s. c 184 § 1.]
NOTES:
*Reviser's note: For "the effective date of this chapter," see RCW 39.42.900.
2023 Revised Code of Washington › Title 39 - Public Contracts and Indebtedness › Chapter 39.42 - State Bonds, Notes, and Other Evidences of Indebtedness. › 39.42.020 - Evidences of indebtedness—Issuance—Signature.

RCW 39.42.020
Evidences of indebtedness—Issuance—Signature.
Bonds, notes or other evidences of indebtedness shall be issued by the state finance committee. They may be issued at one time or in a series from time to time. The maturity date of each series shall be determined by the state finance committee, but in no case shall any bonds mature later than thirty years from the date of issue. All evidences of indebtedness shall be signed in the name of the state by the governor and the treasurer. The facsimile signature of said officials is authorized and said evidences of indebtedness may be issued notwithstanding that any of the officials signing them or whose facsimile signatures appear on such evidences of indebtedness has ceased to hold office at the time of issue or at the time of delivery to the purchaser.
[ 1971 ex.s. c 184 § 2.]
2023 Revised Code of Washington › Title 39 - Public Contracts and Indebtedness › Chapter 39.42 - State Bonds, Notes, and Other Evidences of Indebtedness. › 39.42.040 - Disposition of proceeds from sale of bonds.

RCW 39.42.040
Disposition of proceeds from sale of bonds.
The proceeds of the sale of any bonds shall be used solely for the purposes, including any expense incurred in connection with the issuance and sale of such bonds, specified in the general statute or special act authorizing the issuance of such bonds.
[ 1971 ex.s. c 184 § 4.]