wa-law.org > bill > 2023-24 > HB 2089 > Original Bill
FOR THE OFFICE OF THE GOVERNOR
FOR THE DEPARTMENT OF COMMERCE
FOR THE DEPARTMENT OF COMMERCE
FOR THE DEPARTMENT OF COMMERCE
The appropriations in this section are subject to the following conditions and limitations:
The department shall not expend the appropriation in this section unless and until the nonstate share of project costs have been either expended or firmly committed, or both, in an amount sufficient to complete the project or a distinct phase of the project that is useable to the public for the purpose intended by the legislature. This requirement does not apply to projects where a share of the appropriation is for design costs only.
Prior to receiving funds, project recipients must demonstrate that the project site is under control for a minimum of 10 years, either through ownership or a long-term lease. This requirement does not apply to appropriations for preconstruction activities or appropriations in which the sole purpose is to purchase real property that does not include a construction or renovation component.
Projects funded in this section may be required to comply with Washington's high performance building standards under chapter 39.35D RCW.
Project funds are available on a reimbursement basis only and may not be advanced under any circumstances.
In contracts for grants authorized under this section, the department shall include provisions that require that capital improvements be held by the grantee for a specified period of time appropriate to the amount of the grant and that facilities be used for the express purpose of the grant. If the grantee is found to be out of compliance with provisions of the contract, the grantee shall repay to the state general fund the principal amount of the grant plus interest calculated at the rate of interest on state of Washington general obligation bonds issued most closely to the date of authorization of the grant.
Projects funded in this section, including those that are owned and operated by nonprofit organizations, are generally required to pay state prevailing wages.
The department must comply with the requirements set forth in executive order 21-02 and must consult with the department of archaeology and historic preservation and affected tribes on the potential effects of these projects on cultural resources and historic properties. Consultation with the department of archaeology and historic preservation and affected tribes must be initiated before project funds are made available.
The appropriation in this section is provided solely for the following list of projects:
Addis Village (Seattle) $944,000
African Diaspora Cultural Anchor Village (SeaTac)$250,000
Asia Pacific Cultural Center - Facility (Tacoma)$2,000,000
Bryant Manor Redevelopment - Phase II (Seattle)$250,000
FHPM Childcare Project (Bremerton)$200,000
FHPM Kitsap Way Village (Bremerton)$200,000
Monterey Lofts Renovation - Phase 2 (Seattle)$987,000
Nuwe Reis Village at Barker Creek (Bremerton)$2,953,000
Plaza Intramuros Housing Project (Lynnwood)$500,000
PRWA Infrastructure Improvement Project (Rosalia)$267,000
Rainier Valley Homeownership Initiative (Seattle)$500,000
Seattle Indian Services Commission (Seattle)$300,000
Seattle Tibetan Community Center (Seattle)$1,022,000
United Indians All Tribes Foundation (Seattle)$56,000
FOR THE DEPARTMENT OF COMMERCE
The appropriation in this section is subject to the following conditions and limitations:
The appropriation in this section is provided solely for grants to eligible entities that help mitigate and reverse the effects of climate change, help communities meet their energy and climate change regulatory requirements, bring increased federal and private investment to the state, help develop the advanced workforce of the future, and ensure Washington state maintains or grows its position as a world leader in developing the projects and processes that are used to fight climate change globally. Eligible activities under this section include, but are not limited to, planning predevelopment, design, engineering, and construction of clean technology projects.
Entities eligible for grants under this section include, but are not limited to, local governments, federally recognized tribal governments and tribes' contracted service providers, public and private utilities, ports, associate development organizations, for-profit entities, academic and research institutions, nonprofit organizations, and state agencies.
Projects eligible for funding must be physically located in Washington state. Eligible projects must be consistent with the state energy strategy adopted under chapter 43.21F RCW and clean energy policies under chapter 19.405 RCW. Projects must further the goals of the climate commitment act as described in RCW 70A.65.260(1)(j).
The department must consider equity and environmental justice when developing the program structures and opportunities for applicant participation and must follow principles established in its community engagement plan adopted under RCW 70A.02.050.
Except for match funds allocated in subsection (7) of this section, when soliciting and evaluating grant application proposals, awarding contracts, and monitoring projects under this section, the department must:
Use competitive processes to select all projects, except as otherwise noted in this section. The department must design a competitive process to allow provision of grant award to projects in a timely manner and consistent with the project timeline. Applications must be accepted on a rolling basis, and final determination must be made by the department;
Ensure compliance with all applicable laws related to the project selection process, project monitoring, and contracting; and
Prioritize projects that leverage the greatest amount of matching funds, such as local levy funding or private investment in advanced manufacturing capability.
Project applicants must disclose all sources of public funding invested in a project. Grant contracts must provide that if, after a grant has been awarded, the department finds that a grantee has violated chapter 42.52 RCW, either in procuring or performing under the grant, the department in its sole discretion may terminate the grant funding by written notice, and that, if the grant is terminated, the department will reserve its right to pursue all available remedies under law to address the violation.
$80,000,000 of the appropriation in this section is provided solely for grants to be used as state match for competitive federal funding and for formula grants that require state match. To the extent practicable, the department shall prioritize grants that provide benefit to vulnerable populations in overburdened communities, with a goal of directing at least 20 percent of funds to this purpose.
$50,000,000 of the appropriation in this section is provided solely for grants to projects that demonstrate high-wage, clean job creation in Washington, provide risk reduction for investments in public and private infrastructure to enhance industrial lands in order to increase a community's capacity for clean manufacturing, or provide investments in workforce development to attract and train the workforce required to grow the clean energy economy.
$6,500,000 of the appropriation in this section is provided solely for the department to support access to and to flexibly administer the program. The department may use these funds to hire full-time equivalent positions within the department, as well as contract for additional capacity and subject matter expertise.
The department must strive to allocate all of the amounts appropriated in this section within the 2023-2025 fiscal biennium in the manner prescribed in each subsection. However, no sooner than January 1, 2025, if upon review of applications the department determines there are not adequate suitable projects in a category, the department may reallocate funding among the purposes of subsections (7) and (8) of this section. Beginning January 1, 2025, the department must provide quarterly notice of any funding reallocations to the governor and appropriate fiscal committees of the legislature.
FOR THE DEPARTMENT OF COMMERCE
The appropriation in this section is subject to the following conditions and limitations:
The appropriation in this section is provided solely for the department to administer noncompetitive grants to nonprofit organizations, local governments, federally recognized tribal governments and tribal entities, state agencies, housing authorities, ports, transit agencies, research organizations, and eligible third-party administrators for planning, design, and implementation of capital projects and clean energy technologies that reduce greenhouse gas emissions in vulnerable, overburdened, and tribal communities identified by the department. The department must prioritize grants providing meaningful benefit to vulnerable populations in overburdened communities as defined under RCW 70A.02.010.
Eligible uses of grant funds include, but are not limited to, planning for sustainable communities and predesign work, energy efficiency improvements, renewable energy generation, increasing the supply of affordable, energy efficient housing, developing resilient and sustainable infrastructure systems, zero-emission, active mobility, and micromobility transportation infrastructure, education and engagement, and workforce development.
Up to five percent of the appropriation in this section is for the department to administer the grant program. Administration includes, but is not limited to, identifying eligible communities and third-party administrators, providing technical assistance, managing contracts, reporting, and providing planning and implementation assistance.
For the purposes of this section, "eligible third-party administrators" means entities that have sufficient expertise and relationships within the identified community to help plan for, design, or implement capital projects that reduce greenhouse gases or develop clean energy resources for the community.
FOR THE DEPARTMENT OF COMMERCE
FOR THE DEPARTMENT OF COMMERCE
The appropriation in this section is subject to the following conditions and limitations:
$80,000,000 of the appropriation in this section is provided solely for eligible organizations defined under RCW 43.185A.040 to acquire, renovate, and prepare real property for rapid conversion into enhanced emergency shelters, permanent supportive housing, transitional housing, permanent housing, youth housing, or shelter for extremely low-income people, as well as individuals, families, unaccompanied youth, and young people experiencing sheltered and unsheltered homelessness. Acquisitions completed with temporary financing are eligible for funding provided in this section. The department may only approve funding for projects that result in increased shelter or housing capacity.
Acquisition of multifamily housing is a priority, and the department shall prioritize housing projects that rapidly move people experiencing unsheltered homelessness into housing, including, but not limited to, individuals living in unsanctioned encampments, the public rights-of-way, or other public spaces.
Amounts provided in this section may not be used for operating or maintenance costs, supportive services, or debt service.
$5,000,000 of the appropriation in this section is provided solely for acquiring, building, site improvements, and installing transitional tiny homes or similar housing. Awards may be made to noncode compliant structures and may be exempted from the 40-year affordability requirement under RCW 43.185A.060.
$15,000,000 of the appropriation in this section is provided solely for acquisition of manufactured homes for the purpose of preserving and creating new manufactured and mobile home communities. The department must contract with the northwest cooperative development center—resident owned communities to preserve mobile home communities as nonprofits or coop run affordable housing projects that benefit households at or below 80 percent of the area median income. The department, in collaboration with the contractor, must submit an interim report to the governor and the legislature by June 30, 2025, on the number of mobile home parks purchased and the demographics of the residents.
When selecting housing projects funded in this section, the department shall balance the state's interest in quickly approving and financing projects, the degree to which the project will leverage other funds, the extent to which the project promotes racial equity, and the extent to which the project will promote priorities on a statewide basis, including in rural areas and in geographically diverse parts of the state.
If the department finds a recipient to be out of compliance with the provisions of the contract, the recipient shall repay to the state general fund the principal amount of the award plus interest calculated at the rate of interest on state of Washington general obligation bonds issued on the date closest to the date of authorization of the award.
The funding provided under this section is not subject to the 60-day application periods in RCW 43.185A.050.
The department must strive to allocate all of the amounts appropriated in this section within the 2023-2025 fiscal biennium in the manner prescribed in each subsection. However, if upon review of applications the department determines there are not adequate suitable projects in a category, the department may reallocate funding among the purposes of the other subsections of this section.
FOR THE DEPARTMENT OF COMMERCE
The appropriation in this section is subject to the following conditions and limitations: The appropriation in this section is provided solely for the statewide broadband office to administer the broadband equity, access, and deployment state grants program in section 60304 of P.L. 117-58 (infrastructure investment and jobs act). Expenditure of the amount in this subsection is contingent on the receipt of this grant funding.
FOR THE DEPARTMENT OF COMMERCE
The appropriations in this section are subject to the following conditions and limitations:
The department shall not expend the appropriation in this section unless and until the nonstate share of project costs have been either expended or firmly committed, or both, in an amount sufficient to complete the project or a distinct phase of the project that is useable to the public for the purpose intended by the legislature. This requirement does not apply to projects where a share of the appropriation is for design costs only.
Prior to receiving funds, project recipients must demonstrate that the project site is under control for a minimum of 10 years, either through ownership or a long-term lease. This requirement does not apply to appropriations for preconstruction activities or appropriations in which the sole purpose is to purchase real property that does not include a construction or renovation component.
Projects funded in this section may be required to comply with Washington's high performance building standards under chapter 39.35D RCW.
Project funds are available on a reimbursement basis only and may not be advanced under any circumstances.
In contracts for grants authorized under this section, the department shall include provisions that require that capital improvements be held by the grantee for a specified period of time appropriate to the amount of the grant and that facilities be used for the express purpose of the grant. If the grantee is found to be out of compliance with provisions of the contract, the grantee shall repay to the state general fund the principal amount of the grant plus interest calculated at the rate of interest on state of Washington general obligation bonds issued most closely to the date of authorization of the grant.
Projects funded in this section, including those that are owned and operated by nonprofit organizations, are generally required to pay state prevailing wages.
The department must comply with the requirements set forth in executive order 21-02 and must consult with the department of archaeology and historic preservation and affected tribes on the potential effects of these projects on cultural resources and historic properties. Consultation with the department of archaeology and historic preservation and affected tribes must be initiated before project funds are made available.
The state building construction account—state appropriation in this section is provided solely for the following list of projects:
2026 FIFA World Cup (Seattle)$10,000,000
Algae Carbon Sequestration and Regenerative Soils
(Statewide)$2,500,000
Goodwill Land Acquisition for Redevelopment (Seattle)$3,000,000
Habitat for Humanity (Seattle) $2,000,000
Open Doors for Multicultural Families (Kent)$5,000,000
Opioid Recovery and Care Access (Seattle)$3,500,000
Prototype Electric Hydrofoil Ferry and Shoreside Infrastructure (Statewide)$2,000,000
Seattle Storm Center (Seattle)$1,000,000
Tristate Health Hospital (Clarkston)$3,000,000
$3,250,000 of the natural climate solutions account—state appropriation in this section is provided solely for the following list of projects:
$4,000,000 of the climate commitment account—state appropriation in this section is provided solely for the Nisqually Indian Tribe microgrid system.
FOR THE DEPARTMENT OF COMMERCE
FOR THE DEPARTMENT OF COMMERCE
The appropriation in this section is subject to the following conditions and limitations:
The appropriation in this section is provided solely for grants to increase solar deployment and installation of battery storage in community buildings to enhance grid resiliency and provide backup power for critical needs, such as plug load and refrigeration for medication, during outages, or to provide incentives to support electric utility demand response programs that include customer-sited solar and battery storage systems. Eligible uses of the amounts provided in this section include, but are not limited to, planning and predevelopment work with vulnerable, highly impacted, and rural communities.
For the purposes of this subsection "community buildings" means K-12 schools, community colleges, community centers, recreation centers, libraries, tribal buildings, state and local government buildings, and other publicly owned infrastructure.
FOR THE DEPARTMENT OF COMMERCE
The appropriation in this section is subject to the following conditions and limitations:
The appropriation in this section is provided solely for a grant program to provide solar and battery storage community solar projects for public assistance organizations serving low-income communities. Eligible uses of the amounts provided in this section include, but are not limited to, planning and predevelopment work with vulnerable, highly impacted, and rural communities.
Grants are not to exceed 100 percent of the cost of the project, taking into account any federal tax credits or other federal or nonfederal grants or incentives that the project is benefiting from.
Priority must be given to projects sited on "preferred sites" such as rooftops, structures, existing impervious surfaces, landfills, brownfields, previously developed sites, irrigation canals and ponds, storm water collection ponds, industrial areas, dual-use solar projects that ensure ongoing agricultural operations, and other sites that do not displace critical habitat or productive farmland.
For the purposes of this subsection "low-income" has the same meaning as provided in RCW 19.405.020 and "community solar project" means a solar energy system that: Has a direct current nameplate capacity that is greater than 12 kilowatts but no greater than 1,000 kilowatts; and has, at minimum, either two subscribers or one low-income service provider subscriber.
FOR THE DEPARTMENT OF COMMERCE
The appropriation in this section is subject to the following conditions and limitations:
The appropriation in this section is provided solely for the development of community electric vehicle charging infrastructure.
Funding provided in this section must be used for projects that provide a benefit to the public through development, demonstration, and deployment of clean energy technologies that save energy and reduce energy costs, reduce harmful air emissions, or increase energy independence for the state.
Projects that receive funding under this section must be implemented by, or include partners from, one or more of the following: Local governments, federally recognized tribal governments, or public and private electrical utilities that serve retail customers in the state.
Grant funding must be used for level two or higher charging infrastructure and related costs including, but not limited to, construction and site improvements. Projects may include a robust public and private outreach plan that includes engaging with affected parties in conjunction with the new electric vehicle infrastructure.
The department must prioritize funding for projects in the following order:
Multifamily housing;
Publicly available charging at any location;
Schools and school districts;
State and local government buildings and office buildings;
All other eligible projects.
The department must coordinate with other electrification programs, including projects developed by the department of transportation, to determine the most effective distribution of the systems. The department must also collaborate with the interagency electric vehicle coordinating council established in RCW 43.392.030 to implement this section and must work to meet benchmarks established in chapter 182, Laws of 2022.
FOR THE DEPARTMENT OF COMMERCE
The appropriation in this section is subject to the following conditions and limitations: The appropriation in this section is provided solely for facility acquisition by a state agency for treatment of opioid use disorder. Prior to a purchase, sale bid or offer, the department shall consult with the office of financial management for review and approval of the project and transfer of the property.
FOR THE DEPARTMENT OF COMMERCE
The appropriation in this section is subject to the following conditions and limitations: The appropriation in this section is provided solely for grants to community providers to increase opioid treatment program services and access. Consideration must be given to programs that increase access to medication assisted opioid use disorder treatment, including methadone, to populations that are disproportionately impacted or in parts of the state with limited access to those treatment modalities.
FOR THE DEPARTMENT OF COMMERCE
FOR THE DEPARTMENT OF COMMERCE
The appropriation in this section is subject to the following conditions and limitations: The appropriation in this section is provided solely as expenditure authority for grant funding received by the department for the energy efficiency revolving loan fund capitalization program in section 40502 of P.L. 117-58 (infrastructure investment and jobs act). The department's expenditures under this section may not exceed the actual amount of grant funding awarded.
FOR THE DEPARTMENT OF COMMERCE
FOR THE DEPARTMENT OF COMMERCE
FOR THE DEPARTMENT OF COMMERCE
FOR THE DEPARTMENT OF COMMERCE
FOR THE DEPARTMENT OF COMMERCE
FOR THE DEPARTMENT OF ENTERPRISE SERVICES
FOR THE DEPARTMENT OF ENTERPRISE SERVICES
FOR THE DEPARTMENT OF ENTERPRISE SERVICES
FOR THE DEPARTMENT OF ENTERPRISE SERVICES
FOR THE DEPARTMENT OF ENTERPRISE SERVICES
FOR THE DEPARTMENT OF ENTERPRISE SERVICES
FOR THE MILITARY DEPARTMENT
FOR THE MILITARY DEPARTMENT
FOR THE DEPARTMENT OF SOCIAL AND HEALTH SERVICES
FOR THE DEPARTMENT OF SOCIAL AND HEALTH SERVICES
FOR THE DEPARTMENT OF SOCIAL AND HEALTH SERVICES
FOR THE DEPARTMENT OF SOCIAL AND HEALTH SERVICES
FOR THE DEPARTMENT OF SOCIAL AND HEALTH SERVICES
FOR THE DEPARTMENT OF SOCIAL AND HEALTH SERVICES
FOR THE DEPARTMENT OF SOCIAL AND HEALTH SERVICES
FOR THE DEPARTMENT OF SOCIAL AND HEALTH SERVICES
FOR THE DEPARTMENT OF HEALTH
FOR THE DEPARTMENT OF HEALTH
FOR THE DEPARTMENT OF VETERANS AFFAIRS
FOR THE DEPARTMENT OF VETERANS AFFAIRS
FOR THE DEPARTMENT OF CHILDREN, YOUTH, AND FAMILIES
FOR THE DEPARTMENT OF CHILDREN, YOUTH, AND FAMILIES
FOR THE DEPARTMENT OF CHILDREN, YOUTH, AND FAMILIES
FOR THE DEPARTMENT OF CORRECTIONS
FOR THE DEPARTMENT OF CORRECTIONS
FOR THE DEPARTMENT OF CORRECTIONS
FOR THE DEPARTMENT OF CORRECTIONS
FOR THE DEPARTMENT OF CORRECTIONS
FOR THE DEPARTMENT OF CORRECTIONS
FOR THE DEPARTMENT OF CORRECTIONS
FOR THE DEPARTMENT OF CORRECTIONS
FOR THE DEPARTMENT OF ECOLOGY
FOR THE DEPARTMENT OF ECOLOGY
FOR THE DEPARTMENT OF ECOLOGY
The appropriation in this section is subject to the following conditions and limitations:
The appropriation in this section is provided solely for the department to provide grants to transition from diesel school buses and other student transport vehicles to zero emission vehicles and for the necessary fueling infrastructure needed for zero emission student transportation. The department must prioritize school districts serving tribes and vulnerable populations in overburdened communities as defined under RCW 70A.02.010.
Up to $1,430,000 of the appropriation in this section is for technical assistance and grant administration.
FOR THE STATE PARKS AND RECREATION COMMISSION
FOR THE STATE PARKS AND RECREATION COMMISSION
FOR THE STATE PARKS AND RECREATION COMMISSION
FOR THE STATE PARKS AND RECREATION COMMISSION
FOR THE RECREATION AND CONSERVATION FUNDING BOARD
FOR THE RECREATION AND CONSERVATION FUNDING BOARD
The appropriation in this section is subject to the following conditions and limitations: The appropriation in this section is provided solely for projects approved by the legislature, as identified in OFM Capital Document No. 2024-1, developed December 13, 2023.
FOR THE RECREATION AND CONSERVATION FUNDING BOARD
The appropriation in this section is subject to the following conditions and limitations:
Except as provided under subsection (2) of this section, the appropriation in this section is provided solely for projects approved by the legislature, as identified in OFM Capital Document No. 2024-2, developed December 13, 2023.
The recreation and conservation funding board may retain a portion of the funds appropriated in this section for the administration of the grants. The portion of the funding retained for administration may not exceed 4.12 percent of the appropriation.
FOR THE RECREATION AND CONSERVATION FUNDING BOARD
The appropriation in this section is subject to the following conditions and limitations: The appropriation in this section is provided solely for grants to private, tribal, and local government forest landowners to conduct forest management practices which go beyond regulatory requirements that increase sequestration and long-term carbon storage. When awarding grants, the office must prioritize programs that benefit tribes and vulnerable populations in overburdened communities as defined under RCW 70A.02.010, with a goal of directing at least 30 percent of grant funds to this purpose.
FOR THE RECREATION AND CONSERVATION FUNDING BOARD
The appropriation in this section is subject to the following conditions and limitations:
Except as provided under subsections (2) and (3) of this section, the appropriation in this section is provided solely for projects identified in OFM Capital Document No. 2024-3, developed December 13, 2023.
The recreation and conservation funding board may retain a portion of the funding appropriated in this section for the administration of the grants. The portion of the funding retained for administration may not exceed $660,000.
The department of fish and wildlife may retain up to $906,000 of the appropriation in this section for the Brian Abbott fish barrier removal board for technical assistance in developing projects for consideration.
FOR THE RECREATION AND CONSERVATION FUNDING BOARD
The appropriation in this section is subject to the following conditions and limitations:
Except as provided under subsections (2) and (3) of this section, the appropriation in this section is provided solely for projects approved by the legislature, as identified in OFM Capital Document No. 2024-4, developed December 13, 2023.
The recreation and conservation funding board may retain a portion of the funding appropriated in this section for the administration of the grants. The portion of the funding retained for administration may not exceed $453,000.
The department of fish and wildlife may retain a portion of the funding appropriated in this section for costs related to technical assistance and program administration. The portion of the funding retained for costs related to technical assistance and program administration may not exceed $453,000.
FOR THE RECREATION AND CONSERVATION FUNDING BOARD
FOR THE STATE CONSERVATION COMMISSION
FOR THE STATE CONSERVATION COMMISSION
FOR THE STATE CONSERVATION COMMISSION
The appropriation in this section is subject to the following conditions and limitations: The appropriation in this section is provided solely for the commission to increase technical assistance to and operational capacity of conservation districts.
FOR THE DEPARTMENT OF FISH AND WILDLIFE
FOR THE DEPARTMENT OF FISH AND WILDLIFE
FOR THE DEPARTMENT OF FISH AND WILDLIFE
FOR THE DEPARTMENT OF NATURAL RESOURCES
FOR THE DEPARTMENT OF NATURAL RESOURCES
FOR THE DEPARTMENT OF NATURAL RESOURCES
FOR THE DEPARTMENT OF NATURAL RESOURCES
FOR THE DEPARTMENT OF NATURAL RESOURCES
FOR THE DEPARTMENT OF NATURAL RESOURCES
FOR THE DEPARTMENT OF NATURAL RESOURCES
The appropriation in this section is subject to the following conditions and limitations:
$1,840,000 of the appropriation in this section is provided solely for the department to contract with the YMCA of greater Seattle to relocate or replace existing infrastructure affected by the removal of a tidal gate and restoration of fish passage at Whiteman Cove.
$300,000 of the appropriation is provided solely for the department to fund a predesign for an environmental learning center at Whiteman Cove.
FOR THE DEPARTMENT OF NATURAL RESOURCES
The appropriation in this section is subject to the following conditions and limitations: The appropriation in this section is provided solely for projects approved by the legislature, as identified in OFM Capital Document No. 2024-5, developed December 13, 2023.
FOR THE DEPARTMENT OF NATURAL RESOURCES
FOR THE DEPARTMENT OF AGRICULTURE
The appropriation in this section is subject to the following conditions and limitations:
The appropriation in this section is provided solely for grants to improve carbon storage and sequestration on agricultural lands.
Only agricultural producers with revenue that is less than $500,000 annually are eligible to receive grants.
Eligible activities include:
Agricultural management practices focused on soil health that will result in improved carbon outcomes, including carbon storage, sequestration, or reducing greenhouse gas emissions; and
Research that creates tools intended to support farms in reducing greenhouse gas emissions or improving carbon storage and sequestration.
FOR THE SUPERINTENDENT OF PUBLIC INSTRUCTION
FOR THE SUPERINTENDENT OF PUBLIC INSTRUCTION
FOR THE SUPERINTENDENT OF PUBLIC INSTRUCTION
FOR THE SUPERINTENDENT OF PUBLIC INSTRUCTION
FOR THE SUPERINTENDENT OF PUBLIC INSTRUCTION
FOR THE SUPERINTENDENT OF PUBLIC INSTRUCTION
FOR THE SUPERINTENDENT OF PUBLIC INSTRUCTION
The appropriations in this section are subject to the following conditions and limitations: $20,000,000 of the climate commitment account—state appropriation and $20,000,000 of the common school construction account—state appropriation in this section are provided solely for the following:
Grants to school districts for heating, ventilation, and air conditioning (HVAC) systems, air filtration enhancement, and general air quality and energy efficiency improvements. Funding is provided to aid in the transition of school buildings away from fossil fuels and improving indoor air quality by installing high efficiency electric heat pumps, energy efficiency upgrades, and other high efficiency electric equipment and air filtration systems.
Funding must be prioritized for school districts:
In overburdened communities, as defined in RCW 70A.65.010;
With limited financial capacity;
With enrollment at or below 3,000 students; and
Relying on costly, energy inefficient equipment.
Grantees may seek technical assistance from local health jurisdiction school safety programs or the department of health, as applicable.
FOR THE SUPERINTENDENT OF PUBLIC INSTRUCTION
FOR THE SUPERINTENDENT OF PUBLIC INSTRUCTION
FOR THE STATE SCHOOL FOR THE BLIND
FOR THE UNIVERSITY OF WASHINGTON
FOR THE UNIVERSITY OF WASHINGTON
FOR THE UNIVERSITY OF WASHINGTON
FOR THE UNIVERSITY OF WASHINGTON
FOR THE UNIVERSITY OF WASHINGTON
FOR EASTERN WASHINGTON UNIVERSITY
The appropriation in this section is subject to the following conditions and limitations: The appropriation is provided solely for the air handler replacement and control upgrades at the physical education activities building and the HVAC and air handler unit replacements at the Jim Thorpe fieldhouse.
FOR CENTRAL WASHINGTON UNIVERSITY
FOR CENTRAL WASHINGTON UNIVERSITY
FOR CENTRAL WASHINGTON UNIVERSITY
FOR WESTERN WASHINGTON UNIVERSITY
FOR THE WASHINGTON STATE ARTS COMMISSION
FOR THE EASTERN WASHINGTON STATE HISTORICAL SOCIETY
FOR THE COMMUNITY AND TECHNICAL COLLEGE SYSTEM
FOR THE COMMUNITY AND TECHNICAL COLLEGE SYSTEM
FOR THE COMMUNITY AND TECHNICAL COLLEGE SYSTEM
FOR THE COMMUNITY AND TECHNICAL COLLEGE SYSTEM
FOR THE COMMUNITY AND TECHNICAL COLLEGE SYSTEM
FOR THE COMMUNITY AND TECHNICAL COLLEGE SYSTEM
FOR THE COMMUNITY AND TECHNICAL COLLEGE SYSTEM
FOR THE COMMUNITY AND TECHNICAL COLLEGE SYSTEM
FOR THE DEPARTMENT OF COMMERCE
FOR THE DEPARTMENT OF COMMERCE
FOR THE DEPARTMENT OF COMMERCE
FOR THE DEPARTMENT OF COMMERCE
FOR THE DEPARTMENT OF COMMERCE
FOR THE MILITARY DEPARTMENT
FOR THE MILITARY DEPARTMENT
FOR THE DEPARTMENT OF SOCIAL AND HEALTH SERVICES
FOR THE DEPARTMENT OF SOCIAL AND HEALTH SERVICES
FOR THE DEPARTMENT OF VETERANS AFFAIRS
FOR THE DEPARTMENT OF VETERANS AFFAIRS
FOR THE DEPARTMENT OF CORRECTIONS
FOR THE WASHINGTON STATE HISTORICAL SOCIETY
FOR THE POLLUTION LIABILITY INSURANCE PROGRAM
FOR THE POLLUTION LIABILITY INSURANCE PROGRAM
FOR THE RECREATION AND CONSERVATION FUNDING BOARD
FOR THE RECREATION AND CONSERVATION FUNDING BOARD
FOR THE RECREATION AND CONSERVATION FUNDING BOARD
FOR THE DEPARTMENT OF NATURAL RESOURCES
FOR THE COMMUNITY AND TECHNICAL COLLEGE SYSTEM
The following acts or parts of acts are each repealed:
RCW 43.88.031 requires the disclosure of the estimated debt service costs associated with new capital bond appropriations. The estimated debt service costs for the appropriations contained in this act are $59,934,000 $35,897,928 for the 2023-2025 biennium, $371,683,000 $342,236,404 for the 2025-2027 biennium, and $519,454,000 $491,366,915 for the 2027-2029 biennium.
(1) The following agencies may enter into financial contracts, paid from any funds of an agency, appropriated or nonappropriated, for the purposes indicated and in not more than the principal amounts indicated, plus financing expenses and required reserves pursuant to chapter 39.94 RCW. When securing properties under this section, agencies shall use the most economical financial contract option available, including long-term leases, lease-purchase agreements, lease-development with option to purchase agreements or financial contracts using certificates of participation. Expenditures made by an agency for one of the indicated purposes before the issue date of the authorized financial contract and any certificates of participation therein are intended to be reimbursed from proceeds of the financial contract and any certificates of participation therein to the extent provided in the agency's financing plan approved by the state finance committee.
(1) The public works assistance account is hereby established in the state treasury. Money may be placed in the public works assistance account from the proceeds of bonds when authorized by the legislature or from any other lawful source. Money in the public works assistance account shall be used to make loans and grants and to give financial guarantees to local governments for public works projects. Moneys in the account may also be appropriated or transferred to the water pollution control revolving fund and the drinking water assistance account to provide for state match requirements under federal law. Moneys in the account may be transferred to the move ahead WA account to provide support of public works projects funded in the move ahead WA program. Not more than 20 percent of the biennial capital budget appropriation to the public works board from this account may be expended or obligated for preconstruction loans and grants, emergency loans and grants, or loans and grants for capital facility planning under this chapter. Not more than 10 percent of the biennial capital budget appropriation to the public works board from this account may be expended or obligated as grants for preconstruction, emergency, capital facility planning, and construction projects. During the 2017-2019 and 2019-2021 fiscal biennia, the legislature may appropriate moneys from the account for activities related to rural economic development, the growth management act, the aviation revitalization loan program, the community economic revitalization board broadband program, and the voluntary stewardship program. During the 2021-2023 and 2023-2025 fiscal biennia, the legislature may appropriate moneys from the account for activities related to the community aviation revitalization board. During the 2019-2021 fiscal biennia, the legislature may direct the state treasurer to make transfers of moneys in the public works assistance account to the education legacy trust account. During the 2019-2021 and 2021-2023 fiscal biennia, the legislature may direct the state treasurer to make transfers of moneys in the public works assistance account to the statewide broadband account. The legislature may appropriate moneys from the public works assistance account for activities related to the voluntary stewardship program, rural economic development, and the growth management act. During the 2021-2023 biennium, the legislature may appropriate moneys from the account for projects identified in section 1033, chapter 296, Laws of 2022. During the 2023-2025 fiscal biennium, the legislature may appropriate moneys from the public works assistance account for an evaluation of the costs of relocating public utilities related to fish barrier removal projects. During the 2023-2025 fiscal biennium, the legislature may appropriate moneys from the account, for activities related to broadband infrastructure federal match projects and broadband subgrantee technical assistance, and for activities related to developing a data dashboard to map investments made by the public works board, the department of commerce, the department of health, the department of ecology, the department of transportation, the transportation improvement board, and by board partners to the system improvement team created in RCW 43.155.150.
The carbon emissions reduction account is created in the state treasury. Moneys in the account may be spent only after appropriation. Expenditures from the account are intended to affect reductions in transportation sector carbon emissions through a variety of carbon reducing investments. These can include, but are not limited to: Transportation alternatives to single occupancy passenger vehicles; reductions in single occupancy passenger vehicle miles traveled; reductions in per mile emissions in vehicles, including through the funding of alternative fuel infrastructure and incentive programs; and emission reduction programs for freight transportation, including motor vehicles and rail, as well as for ferries and other maritime and port activities. Expenditures from the account may only be made for transportation carbon emission reducing purposes and may not be made for highway purposes authorized under the 18th Amendment of the Washington state Constitution, other than specified in this section, and shall be made in accordance with subsection (2) of this section. However, during the 2023-2025 fiscal biennium, the legislature may also appropriate moneys from the account in the omnibus capital appropriations act. It is the legislature's intent that expenditures from the account used to reduce carbon emissions be made with the goal of achieving equity for communities that historically have been omitted or adversely impacted by past transportation policies and practices.
Appropriations in an omnibus transportation appropriations act from the carbon emissions reduction account shall be made exclusively to fund the following activities:
Active transportation;
Transit programs and projects;
Alternative fuel and electrification;
Ferries; and
Rail.
Agencies that allocate funding or administer grant programs appropriated from the climate investment account created in RCW 70A.65.250, the climate commitment account created in RCW 70A.65.260, and the natural climate solutions account created in RCW 70A.65.270 must offer early, meaningful, and individual consultation with any affected federally recognized tribe on all funding decisions and funding programs that may impact tribal resources, including tribal cultural resources, archaeological sites, sacred sites, fisheries, or other rights and interests in tribal lands and lands within which a tribe or tribes possess rights reserved or protected by federal treaty, statute, or executive order. The consultation is independent of, and in addition to, any public participation process required by federal or state law, or by a federal or state agency, including the requirements of Executive Order 21-02 related to archaeological and cultural resources, and regardless of whether the agency receives a request for consultation from a federally recognized tribe. The goal of the consultation process is to identify tribal resources or rights potentially affected by the funding decisions and funding programs, assess their effects, and seek ways to avoid, minimize, or mitigate any adverse effects on tribal resources or rights.
At the earliest possible date prior to submittal of an application, applicants for funding from the accounts created in RCW 70A.65.250, 70A.65.260, and 70A.65.270 shall engage in a preapplication process with all affected federally recognized tribes within the project area. During the 2023-2025 fiscal biennium, salmon habitat and climate resilience projects funded from the natural climate solutions account created in RCW 70A.65.270 that went through the application and prioritization process before July 1, 2023, are exempt from the preapplication requirements under this subsection.
The preapplication process must include the applicant notifying the department of archaeology and historic preservation, the department of fish and wildlife, and all affected federally recognized tribes within the project area. The notification must include geographical location, detailed scope of the proposed project, preliminary application details available to federal, state, or local governmental jurisdictions, and all publicly available materials, including public funding sources.
The applicant must also offer to discuss the project with the department of archaeology and historic preservation, the department of fish and wildlife, and all affected federally recognized tribes within the project area. Discussions may include the project's impact to tribal resources, including tribal cultural resources, archaeological sites, sacred sites, fisheries, or other rights and interests in tribal lands and lands within which a tribe or tribes possess rights reserved or protected by federal treaty, statute, or executive order.
All affected federally recognized tribes may submit to the appropriate agency or agencies a summary of tribal issues, questions, concerns, or other statements regarding the project, which must become part of the official application file. The summary does not limit what issues affected federally recognized tribes may raise in the consultation process identified in subsections (1), (3) through (7), and (9) of this section.
The notification and offer to initiate discussion must be documented with the application when it is filed, and a copy of the application must be delivered to the department of archaeology and historic preservation, the department of fish and wildlife, and to the affected federally recognized tribe or tribes. If the discussions pursuant to (b) of this subsection do not occur, the applicant must document the reason why the discussion or discussions did not occur.
Nothing in this section may be interpreted to require the disclosure of information that is exempt from disclosure pursuant to RCW 42.56.300 or federal law, including section 304 of the national historic preservation act of 1966. Any information that is exempt from disclosure pursuant to RCW 42.56.300 or federal law, including section 304 of the national historic preservation act of 1966, shall not become part of the official application file.
If any funding decision, program, project, or activity that may impact tribal resources, including tribal cultural resources, archaeological sites, sacred sites, fisheries, or other rights and interests in tribal lands and lands within which a tribe or tribes possess rights reserved by federal treaty, statute, or executive order is funded from the accounts created in RCW 70A.65.250, 70A.65.260, and 70A.65.270 without such a consultation with an affected federally recognized tribe, the affected federally recognized tribe may request that all further action on the decision, program, project, or activity cease until meaningful consultation is completed. Upon receipt of such a request by an agency or agencies with the authority to allocate funding or administer grant programs from the accounts listed in subsection (1) of this section in support of the proposed project, further action by the agency or agencies on any decision, program, project, or activity that would result in significant physical disturbance of the tribal resource or resources described in this subsection must cease until the consultation has been completed.
Upon completion of agency and tribal consultation, an affected federally recognized tribe may request a formal review of the consultation by submitting a request to the governor's office of Indian affairs and notifying the appropriate agencies and the department of archaeology and historic preservation. The state agencies and tribe must meet to initiate discussion within no more than 20 days of the request. This consultation must be offered and conducted separately with each affected federally recognized tribe, unless the tribes agree to conduct a joint consultation with the state.
After the state agencies and tribe or tribes have conducted a formal review under subsection (4) of this section, an affected federally recognized tribe or state agency may request that the governor and an elected tribal leader or leaders of a federally recognized tribal government meet to formally consider the recommendations from the parties. If requested, this meeting must occur within 30 days of the request, except that a federally recognized tribe may choose to opt out of the meeting. This timeline may be extended by mutual agreement between the governor and the tribal leaders.
After the meeting identified in subsection (5) of this section has occurred, the governor or an elected tribal leader of a federally recognized tribe may call for the state and tribe or tribes to enter into formal mediation, except that a federally recognized tribe may choose to opt out of the mediation. If entered into, the mediation must be conducted as a government-to-government proceeding, with each sovereign government retaining their right to a final decision that meets their separate obligations and interests. Mediators must be jointly selected by the parties to the mediation. An agreement between the governor and a tribal leader or leaders resulting from the mediation is formally recognized and binding on the signatory parties. Absent an agreement, participation in mediation does not preclude any additional steps that any party can initiate, including legal review, to resolve a continuing disagreement.
During the proceedings outlined in subsections (4) through (6) of this section, the agency or agencies with the authority to allocate funding or administer grant programs from the accounts listed in subsection (1) of this section in support of the proposed project may not approve or release funding, or make other formal decisions, including permitting, that advance the proposed project except where required by law.
By June 30, 2023, the governor's office of Indian affairs, in coordination with the department of archaeology and historic preservation and federally recognized tribes, shall develop a state agency tribal consultation process, including best practices for early, meaningful, and effective consultation, early notification and engagement by applicants with federally recognized tribes as a part of the preapplication process in subsection (2) of this section, and protocols for communication and collaboration with federally recognized tribes. The consultation process developed under this section must be periodically reviewed and updated in coordination with federally recognized tribes. The governor's office of Indian affairs must provide training and other technical assistance to state agencies, as they implement the required consultation. Notwithstanding the governor's office of Indian affairs' ongoing work pursuant to this subsection, the provisions of subsections (1) through (7) and (9) of this section become effective as of June 9, 2022.
The requirements of this section apply to local governments that receive funding from the accounts created in RCW 70A.65.250, 70A.65.260, and 70A.65.270, where that funding is disbursed to project and program applicants. Where requested, the governor's office of Indian affairs must provide training and other technical assistance to local government agencies as they implement the consultation requirements of this section.
Any agency subject to or implementing this section may adopt rules in furtherance of its duties under this section.
Subject to the availability of amounts appropriated for this specific purpose, the department must establish a tribal capacity grant program to provide funding to federally recognized tribes for the costs of implementing this section.
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.
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.