wa-law.org > bill > 2023-24 > HB 2089 > Substitute Bill
A supplemental capital budget is hereby adopted and, subject to the provisions set forth in this act, the several dollar amounts hereinafter specified, or so much thereof as shall be sufficient to accomplish the purposes designated, are hereby appropriated and authorized to be incurred for capital projects during the period beginning with the effective date of this act and ending June 30, 2025, out of the several funds specified in this act.
FOR THE OFFICE OF THE GOVERNOR
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 COMMERCE
The appropriation in this section is 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) $795,000
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)$2,900,000
Seattle Indian Services Commission (Seattle)$300,000
Seattle Tibetan Community Center (Seattle)$432,000
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.
$26,500,000 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.
$20,000,000 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 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.
$2,500,000 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 subsections (7) and (8) of 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.
$2,500,000 of the appropriation in this section is provided solely for the Myno carbon removal facility.
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Subsections (1) through (10) of this section take effect January 1, 2025.
If the climate commitment account is repealed as of December 30, 2024, then subsections (1) through (10) of this section are null and void on December 31, 2024, and the amounts provided for subsections (1) through (10) of this section shall lapse.
FOR THE DEPARTMENT OF COMMERCE
The appropriation in this section is subject to the following conditions and limitations:
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$42,388,000 of 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.
$7,612,000 of the appropriation in this section is provided solely for Lummi Indian business council clean energy projects.
Up to three 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.
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This section takes effect January 1, 2025.
If the climate commitment account is repealed as of December 30, 2024, then this section is null and void on December 31, 2024.
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 state building construction account—state appropriation in this section is provided solely for the following list of projects:
2026 FIFA World Cup$11,100,000
23rd & Cherry Fellowship Hall Renovation
Pre-development$110,000
Abu Bakr Youth Center Renovation$350,000
Alatheia Capacity Building Capital Project$150,000
APE52 Wheelchair Lift$10,000
Bainbridge Island Senior/Community Center$100,000
Battle Ground Senior Center$309,000
BIPOC Farm Fresh HUB$103,000
Buckley Foothills Trailhead Doc Tait Pavilion$52,000
California Creek Estuary Park Expansion$185,000
Charter Park Master Plan Bathroom$52,000
Chelan County Hazard Mitigation$98,000
City of Bonney Lake ADA Accessible Playground$151,000
CLC Childcare Fire Alarm System$77,000
Coastal CAP Fire Remodel$515,000
Columbia Basin Rodeo Association Bleachers$258,000
Connections Mental Health$44,000
Council for the Homeless Building Rehabilitation$200,000
Coupeville Boys and Girls Club Pathway$36,000
Crosby Community Center Restoration$412,000
District Distributed Antenna System Installation$258,000
Douglas Building HVAC Replacement$110,000
Downtown Camas Lighting Transformation Project$300,000
Emergency Communications Radio Microwave$235,000
Everett Labor Temple Roof$500,000
FACYV and APIC Building$103,000
Fire Station Restoration$314,000
Florence Robison North Park Equipment Replacement$173,000
Foss Waterway Seaport Esplanade Connector$100,000
GCA Dignity Completion$112,000
Glenwood Little League Facility Improvements$50,000
Goldsborough Switching Station$52,000
Goodwill Land Acquisition for Redevelopment$3,000,000
Granger Community Electric Sign$31,000
Granite Falls Boys & Girls Club$103,000
Idylwood Beach Park Accessibility Improvements$35,000
Inclusive Playground at Cirque Park$258,000
Kalama Community Building Architectural Survey$62,000
Kelso Rotary Park$72,000
KidsQuest Children's Museum Stories of Water$350,000
Kirkland BGC Upgrades and Expansion$128,000
KVH Surgical Services Clinic Remodel$100,000
Lakebay Marina Renovation and Historic Preservation$206,000
Latah Valley Fire Station$350,000
Latah Water System Rehabilitation Project$187,000
Lincoln Creek Grange #407$81,000
Lynnwood Convention Center Expansion$400,000
Manson Grange Hall Improvement Project$23,000
Municipal Services Campus Design & Infrastructure$103,000
Murakami Building$100,000
Nespelem Community Park$52,000
Next Chapter Maroon Village$315,000
North Mason Food Bank Relocation$47,000
NWYS PAD Shelter Whatcom County$250,000
Oak Harbor Recreation Center Feasibility Study$200,000
Ohop Grange Insulation & Electrical Upgrades$36,000
Old Swim Hole Revitalization Project$206,000
Omak Arena LED Lighting Project$185,000
Open Doors for Multicultural Families$5,000,000
Oroville Grange Drainage Remediation$62,000
Parkwood Community Club Repairs$232,000
PAWS Community Support Center$250,000
Pea Patch Community Campus$360,000
People's Community Center$400,000
Pierce Center for Arts & Technology$129,000
Port of Quincy Business & Event Center Upgrade$309,000
Port of Skagit Granary Expansion$125,000
Preserve and Maintain RTOP Theatre$77,000
Public Dock Emergency Repair$41,000
Puget Sound Estuarium Property$250,000
Redmond Academy Renovations$87,000
Rehab and Care Center Shower Renovation$206,000
Rejuvenation Community Day Center$500,000
Renovations for Children's Developmental Center$174,000
Republic Library and Community Center$315,000
Resurface and Revitalize Prescott Public Pool$98,000
School Playground Renovation$258,000
Seattle Aquarium Ocean Pavilion$400,000
Seattle Black Panther Legacy Project$200,000
Seattle Storm Center$1,000,000
Shelton Multi-Use Trail$206,000
Skamania County Public Safety Radio System$200,000
South Yakima Avenue Senior Housing$400,000
Southwest Washington Fair Equestrian Facility$206,000
Spokane Scale House Market & Kitchen$300,000
Town of Index Safety and ADA Access Improvements$25,000
Transload Area Sewer$515,000
Tristate Health Hospital$3,000,000
Uplift Northwest's Beacon of Hope$300,000
Vancouver Family Resource Center Expansion$200,000
WA Soldier's Home Cemetery Pavement & Parking
Extension$72,000
Wahkiakum PUD - Puget Island Water Source Project$309,000
Wallace Heights Septic Elimination$200,000
Water Valve-Pipeline, Intersection Replacement$103,000
Water Way 18 Dock Replacement$250,000
Western Ranchettes Water Distribution System$85,000
Wilkeson Town Hall Renovation$134,000
Wishram School District Portables$100,000
Yakima Trolley Carbarn Fire Suppression System$197,000
Yakima Valley Local Crime Lab Facility$200,000
Yelm Activated Alleyway$46,000
$3,100,000 of the model toxic control capital account—state appropriation in this section is provided solely for the Boat Haven Stormwater Improvement project.
$500,000 of the state building construction account—state appropriation and $100,000 of the climate commitment account—state appropriation in this section is provided solely for the Langley Library Historic Preservation project.
In addition to the requirements in subsection (5) of this section, the contract for the Goodwill Land Acquisition for Redevelopment (Seattle) project must require that the redevelopment of the property into affordable housing under subsection (8) of this section be completed within 10 years of the contract execution.
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.
The department may:
Provide information to applicants about available clean energy tax credits and incentives, including elective pay, that may be applicable to the project for which state funding is being sought;
Inquire, as part of the application, which tax credits and incentives the applicant plans to seek for the project;
Prioritize projects seeking any applicable clean energy tax credits and incentives when developing and applying competitive criteria for selecting recipients under this section; and
Consider the availability of any federal tax credits or other federal or nonfederal grants or incentives that the applicant may benefit from in review of the application.
Funding awards made under this section may not exceed 100 percent of the cost of the project.
For the purposes of this section "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.
Up to three percent of the appropriation in this section is for the department to administer the grant program.
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 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.
The department may:
Provide information to applicants about available clean energy tax credits and incentives, including elective pay, that may be applicable to the project for which state funding is being sought;
Inquire, as part of the application, which tax credits and incentives the applicant plans to seek for the project;
Prioritize projects seeking any applicable clean energy tax credits and incentives when developing and applying competitive criteria for selecting recipients under this section; and
Consider the availability of any federal tax credits or other federal or nonfederal grants or incentives that the applicant may benefit from in review of the application.
Funding awards made under this section may not exceed 100 percent of the cost of the project.
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 section "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.
Up to three percent of the appropriation in this section is for the department to administer the grant program.
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.
The department may:
Provide information to applicants about available clean energy tax credits and incentives, including elective pay, that may be applicable to the project for which state funding is being sought;
Inquire, as part of the application, which tax credits and incentives the applicant plans to seek for the project;
Prioritize projects seeking any applicable clean energy tax credits and incentives when developing and applying competitive criteria for selecting recipients under this section; and
Consider the availability of any federal tax credits or other federal or nonfederal grants or incentives that the applicant may benefit from in review of the application.
Funding awards made under this section may not exceed 100 percent of the cost of the project.
Up to three percent of the appropriation in this section is for the department to administer the grant program.
FOR THE DEPARTMENT OF COMMERCE
The appropriation in this section is subject to the following conditions and limitations:
This section takes effect January 1, 2025.
If the climate commitment account is repealed as of December 30, 2024, then this section is null and void on December 31, 2024.
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 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 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 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 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 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
The appropriation in this section is subject to the following conditions and limitations: The appropriation in this section is provided solely for the following list of projects:
Hawthorn Living Unit$1,251,000
Maple Living Unit$1,251,000
Building F $293,000
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 the city of Ruston for portions of environmental cleanup costs not fully reimbursed by the settlement agreement with the American smelting and refining company LLC (ASARCO) for the Tacoma smelter site for the following list of projects:
Rust Park Remediation Phase 1 Land Acquisition
and Site Preparation$705,000
Ruston Right-of-Way Contaminated Soil Testing$175,000
Winnifred Street Contaminated Soil Hauling$229,000
FOR THE DEPARTMENT OF ECOLOGY
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 STATE PARKS AND RECREATION COMMISSION
FOR THE RECREATION AND CONSERVATION FUNDING BOARD
FOR THE RECREATION AND CONSERVATION FUNDING BOARD
FOR THE RECREATION AND CONSERVATION FUNDING BOARD
FOR THE RECREATION AND CONSERVATION FUNDING BOARD
FOR THE RECREATION AND CONSERVATION FUNDING BOARD
FOR THE RECREATION AND CONSERVATION FUNDING BOARD
FOR THE STATE CONSERVATION COMMISSION
FOR THE STATE CONSERVATION COMMISSION
The appropriation in this section is subject to the following conditions and limitations:
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$22,000,000 of the appropriation in this section is provided solely for grants to dairy farm owners for cost share agreements regarding anaerobic digester development. Grants awarded for anaerobic digester development must have at least a 50 percent nonstate match and be awarded through a competitive process that considers:
The amount of greenhouse gas reduction expected to be achieved by the proposal; and
The amount of untreated effluent expected to be reduced by the proposal.
Recipients of grants under this section must provide a report to the commission within one year of receipt of the grant, detailing the success of the project in meeting the stated criteria in the competitive process.
$2,900,000 of the appropriation in this section is provided solely for the commission to provide financial and technical assistance for project predevelopment.
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 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
The appropriations in this section are subject to the following conditions and limitations:
The appropriation in this section from the natural climate solutions account—state takes effect January 1, 2025.
If the natural climate solutions account is repealed as of December 30, 2024, then the amount appropriated in this section from the natural climate solutions account—state shall lapse on December 31, 2024.
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: The appropriation in this section is provided solely for the department to contract with the YMCA of greater Seattle to design the relocation or replacement of existing cabins and infrastructure that will be directly affected by the removal of a tidal gate and restoration of fish passage at Whiteman Cove.
FOR THE DEPARTMENT OF NATURAL RESOURCES
The appropriation in this section is subject to the following conditions and limitations:
This section takes effect January 1, 2025.
If the natural climate solutions account is repealed as of December 30, 2024, then this section is null and void on December 31, 2024.
FOR THE DEPARTMENT OF NATURAL RESOURCES
The appropriation in this section is subject to the following conditions and limitations:
This section takes effect January 1, 2025.
If the natural climate solutions account is repealed as of December 30, 2024, then this section is null and void on December 31, 2024.
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 preconstruction and administrative implementation pursuant to Substitute House Bill No. 2091.
If Substitute House Bill No. 2091 (fallen firefighter memorial) is not enacted by June 30, 2024, the amount provided in this section shall lapse.
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 $3,500,000 annually that the department in its discretion considers small farms are eligible to receive grants. The department must prioritize funds for historically underserved producers including farmers and ranchers who are beginning, socially disadvantaged, veterans, and have limited resources.
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;
Research that creates tools intended to support farms in reducing greenhouse gas emissions or improving carbon storage and sequestration; and
Activities pursuant to (a) and (b) by applying live, native algae produced and delivered on farms.
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This section takes effect January 1, 2025.
If the natural climate solutions account is repealed as of December 30, 2024, then this section is null and void on December 31, 2024.
FOR THE DEPARTMENT OF AGRICULTURE
The appropriations in this section are subject to the following conditions and limitations:
$200,000 of the state taxable building construction account—state appropriation is provided solely for the department, in consultation with the department of natural resources, to perform an assessment of unused and underutilized state-owned, unimproved lands to determine the suitability of such lands for agricultural purposes, including grazing. For the purposes of this section, "underutilized state-owned lands" means lands that do not assist in meeting the goals of the state agency that owns or manages the land and that are already being considered for sale or surplus. "Underutilized state-owned lands" does not include state-owned lands held under lease, held in trust, or that are otherwise intended for specific purposes.
$100,000 of the climate commitment account—state appropriation is provided solely for the department to incorporate into the assessment an examination of the use of such lands for agrivoltaics. For the purposes of this section, "agrivoltaics" means the use of land that intentionally integrates agriculture and solar photovoltaic energy generation.
The department must complete the assessment by June 1, 2025, and must submit it to the governor, the commissioner of public lands, the director of the Washington State University energy program, the director of the department of commerce, and the committees of the legislature with jurisdiction over agricultural matters.
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Subsection (2) of this section takes effect January 1, 2025.
If the climate commitment account is repealed as of December 30, 2024, then subsection (2) of this section is null and void on December 31, 2024, and the amount appropriated in this section from the climate commitment account—state shall lapse.
FOR THE SUPERINTENDENT OF PUBLIC INSTRUCTION
The appropriation in this section is subject to the following conditions and limitations:
The appropriation in this section is provided solely for the office of the superintendent of public instruction for the following purposes: (a) To develop a proposal to replace the school construction assistance program with a new, competitive model for awarding state grants for the construction and modernization of common school facilities; (b) to contract with a consultant to develop the proposal pursuant to (a) of this subsection; and (c) to facilitate the stakeholder process in subsection (2) of this section.
The proposal development process identified in subsection (1) of this section must include iterative consultation and meetings with the following entities: (a) School districts, including educational service districts; (b) the governor or the governor's designee; (c) the chairs and ranking members of the appropriate fiscal committees of the legislature or their designees; (d) the office of the superintendent of public instruction's technical advisory committee; and (e) other stakeholders deemed appropriate by the stakeholder group in this subsection. The office of the superintendent of public instruction must convene a meeting with the chairs and ranking members of the appropriate fiscal committees of the legislature or their designees to discuss a work plan, a draft request for proposals to hire a consultant pursuant to this section, a facilitation plan that may include professional facilitation, and a schedule pursuant to this subsection no later than April 15, 2024.
The proposal developed under subsection (1) of this section must include: (a) A process that recognizes the substantial variation between district sizes and financial capacities that categorizes reasonably comparable applicants into distinct school district groupings in order to foster a fair and equitable prioritization of projects; (b) a process for prioritizing requests for state funding for school construction that results in ranked project lists, using the groupings developed under (a) of this subsection for the governor and legislature's consideration during the biennial budget development process; (c) a formula or formulas for determining the state and school district shares of project cost, which may vary across the groupings established under (a) of this subsection; (d) policies regarding allowable space types and quantities to meet current and future instructional requirements and initiatives; (e) a recommendation regarding the appropriate entity, such as an advisory committee, to evaluate and prioritize project applications; (f) recommendations related to the development of prototypical school designs intended to enhance the student learning environment and the useful life of facilities, while also reducing design and construction costs; and (g) recommendations for timelines and processes by which the state and school districts can effectively transition from the existing school construction assistance program to the proposed program developed pursuant to this section.
The project prioritization process developed under subsection (3) of this section must include consideration of: (a) District incorporation of prototypical designs; (b) projected enrollment; (c) facility condition and age; (d) factors related to school district financial capacity, such as remaining debt capacity and any special circumstances that may impact districts' ability to fund capital projects; (e) natural hazard conditions, including seismic and tsunami risk; and (f) any other factors deemed appropriate by the office of the superintendent of public instruction.
The formula for determining the state and school district shares of project cost developed under subsection (3) of this section must include consideration of: (a) District incorporation of prototypical designs; (b) factors related to school district financial capacity, including remaining debt capacity, property tax rates, and median household income; (c) the market price of construction per square foot, with consideration of regional cost differences; and (d) any other factors deemed appropriate by the office of the superintendent of public instruction.
It is the intent of the legislature to continue to fund the school construction assistance program through a transitional period and until such time as an alternative program has been developed and adopted by the legislature.
The office of the superintendent of public instruction must submit an interim progress report pursuant to this section to the governor and the appropriate fiscal committees of the legislature, no later than December 1, 2024. The office of the superintendent of public instruction must submit a final report containing the proposal developed pursuant to this section, including draft legislation of the proposal, to the governor and the appropriate fiscal committees of the legislature, no later than June 30, 2025.
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:
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$6,250,000 of the common school construction account—state appropriation and $7,500,000 of the climate commitment account—state appropriation in this section are provided solely for grants to school districts with enrollments exceeding 3,000 students for indoor air quality assessment grants.
Grantees under this subsection may: (i) Seek technical assistance from state funded entities, such as the office of the superintendent of public instruction, the department of commerce, and the department of health; (ii) seek technical assistance from other entities, such as local health jurisdiction school safety programs and the smart buildings center's K-12 ventilation and indoor air quality resource team; and (iii) use funding awarded to seek guidance and technical assistance from commercial entities that have specialized knowledge of troubleshooting modern HVAC or smart building systems.
Subject to subsection (3) of this section and if applications for assessment grants under this subsection exceed available funding, the office of the superintendent of public instruction must first prioritize grants for school districts: (i) Without existing heating, ventilation, and air-conditioning (HVAC) systems; (ii) that have documented proof of indoor air quality performance that does not meet current state energy code; (iii) with outdated or underperforming HVAC systems; and (iv) that have the most limited financial capacity. Assessments funded under this subsection (1)(c) must include professional cost estimates for mitigating the indoor air quality deficiencies identified. The office of the superintendent of public instruction must collect the cost estimate data from school districts receiving a grant under this subsection and report a summary of the collected cost data, as well as a list of specific capital projects for school districts developed from this data, to the appropriate fiscal committees of the legislature by January 6, 2025.
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$18,725,000 of the common school construction account—state appropriation and $22,500,000 of the climate commitment account—state appropriation in this section are provided solely for grants to school districts with enrollments that are less than or equal to 3,000 students for assessment, installation, repair, or replacement of HVAC, air filtration enhancements, and general air quality improvements that improve student health and safety.
Grantees under this subsection may: (i) Seek technical assistance from state funded entities, such as the office of the superintendent of public instruction, the department of commerce, and the department of health; (ii) seek technical assistance from other entities, such as local health jurisdiction school safety programs and the smart buildings center's K-12 ventilation and indoor air quality resource team; and (iii) use funding awarded to seek guidance and technical assistance from commercial entities that have specialized knowledge of troubleshooting modern HVAC or smart building systems.
Subject to subsection (3) of this section and if applications grants under this subsection exceed available funding, the office of the superintendent of public instruction must first prioritize grants for school districts: (i) Without existing HVAC systems; (ii) that have documented proof of indoor air quality performance that does not meet current state energy code; (iii) with outdated or underperforming HVAC systems; and (iv) that have the most limited financial capacity.
The office of the superintendent of public instruction must first allocate, to the maximum extent feasible, the funding appropriated under this section to grants prioritized under subsections (1) and (2) of this section. However, as necessary to award grants using the climate commitment account—state appropriation in this section, the superintendent of public instruction may also prioritize grants under this section that will improve compliance with the state's energy-related building standards in chapter 19.27A RCW by reducing energy use intensity.
$25,000 of the common school construction account—state appropriation in this section is provided for the office of the superintendent of public instruction to make modifications to its information and condition of schools system related to implementing this section.
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The appropriation in this section from the climate commitment account—state takes effect January 1, 2025.
If the climate commitment account is repealed as of December 30, 2024, the amounts appropriated in this section from the climate commitment account—state shall lapse on December 31, 2024.
FOR THE SUPERINTENDENT OF PUBLIC INSTRUCTION
The appropriation in this section is subject to the following conditions and limitations:
The appropriation in this section is provided solely for preconstruction grants and administrative implementation pursuant to Substitute House Bill No. 1044.
If Substitute House Bill No. 1044 (capital assistance/schools) is not enacted by June 30, 2024, the amount provided in this section shall lapse.
FOR THE SUPERINTENDENT OF PUBLIC INSTRUCTION
The appropriations in this section are subject to the following conditions and limitations:
$4,900,000 of the climate commitment account—state appropriation in this section is provided solely for energy assessment grants to school districts for buildings that exceed 220,000 gross square feet pursuant to compliance with the state's energy-related building standards in chapter 19.27A RCW. Assessments funded under this subsection must include professional cost estimates for mitigating the energy use intensity deficiencies identified. The office of the superintendent of public instruction must collect the cost estimate data from school districts receiving a grant under this subsection and report a summary of the collected cost data, as well as a list of specific capital projects for school districts developed from this data, to the appropriate fiscal committees of the legislature by January 6, 2025.
$50,000 of the common school construction account—state appropriation in this section is provided for the office of the superintendent of public instruction to make modifications to its information and condition of schools system related to implementing this section.
If applications for energy assessment grants under this section exceed funds available, the office of the superintendent of public instruction must prioritize grants for school buildings that are likely to require the most substantial improvements related to compliance with chapter 19.27A RCW and for school districts that have the most limited financial capacity. The office of the superintendent of public instruction shall make such prioritizations using facilities data from the information and condition of schools database and through information provided by the school district at the time of application.
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This section takes effect January 1, 2025.
If the climate commitment account is repealed as of December 30, 2024, then this section is null and void on December 31, 2024.
FOR THE SUPERINTENDENT OF PUBLIC INSTRUCTION
The appropriation in this section is subject to the following conditions and limitations: The appropriation is provided solely for the following list of projects:
Bellingham Public Schools (Options High School)$300,000
CHC of Snohomish County (Cascade High School)$244,000
CHC of Snohomish County (Everett High School)$244,000
Country Doctor CHC (Meany Middle School)$80,000
Country Doctor CHC (Nova High School)$80,000
HealthPoint (Evergreen High School)$490,000
HealthPoint (Tyee High School)$490,000
Jefferson County Public Health (Blue Heron Middle
School)$136,000
FOR THE SUPERINTENDENT OF PUBLIC INSTRUCTION
The appropriation in this section is subject to the following conditions and limitations: The appropriation is provided solely for the following list of projects:
Cascadia Tech: Natural Resource Outdoor Learning
Collaboration$1,154,000
Sequim School District CTE Center of Excellence
Phase 1$4,990,000
Whatcom County Skills Center Preconstruction$2,100,000
Wenatchee Valley Tech: Phases 1 & 2$5,263,000
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 WASHINGTON STATE UNIVERSITY
FOR WASHINGTON STATE UNIVERSITY
FOR EASTERN WASHINGTON UNIVERSITY
The appropriation in this section is subject to the following conditions and limitations:
This section takes effect January 1, 2025.
If the climate commitment account is repealed as of December 30, 2024, then this section is null and void on December 31, 2024.
FOR CENTRAL WASHINGTON UNIVERSITY
FOR CENTRAL WASHINGTON UNIVERSITY
The appropriation in this section is subject to the following conditions and limitations:
This section takes effect January 1, 2025.
If the climate commitment account is repealed as of December 30, 2024, then this section is null and void on December 31, 2024.
FOR CENTRAL WASHINGTON UNIVERSITY
The appropriation in this section is subject to the following conditions and limitations:
This section takes effect January 1, 2025.
If the climate commitment account is repealed as of December 30, 2024, then this section is null and void on December 31, 2024.
FOR WESTERN WASHINGTON UNIVERSITY
FOR THE WASHINGTON STATE ARTS COMMISSION
FOR THE WASHINGTON STATE HISTORICAL SOCIETY
The appropriation in this section is subject to the following conditions and limitations:
The appropriation in this section is provided solely for the Washington state historical society to evaluate the potential for the Julia Butler Hansen home in Cathlamet to be operated as a historic house museum as well as analysis regarding alternative potential uses that would be compatible with preservation of the historic home.
The analysis and evaluation process in subsection (1) of this section must consider how the property can be preserved in a manner that honors and maintains its historic character, artifacts, and personal history, while also providing a sustainable financial future for maintenance and management. The process must include appropriate outreach to the Julia Butler Hansen family, the city of Cathlamet, Wahkiakum county, and any other person or entity deemed appropriate by the Washington state historical society.
The Washington state historical society must report the findings of the analysis and evaluation process required under this section to the governor and the legislature no later than November 1, 2025.
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
The appropriations in this section are subject to the following conditions and limitations:
The appropriation in this section from the climate commitment account—state takes effect January 1, 2025.
If the climate commitment account is repealed as of December 30, 2024, the amounts appropriated in this section from the climate commitment account—state shall lapse on December 31, 2024.
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 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 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 DEPARTMENT OF ECOLOGY
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 SUPERINTENDENT OF PUBLIC INSTRUCTION
FOR THE COMMUNITY AND TECHNICAL COLLEGE SYSTEM
The following acts or parts of acts are each repealed:
FOR THE DEPARTMENT OF ECOLOGY
FOR THE SUPERINTENDENT OF PUBLIC INSTRUCTION
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.
If the following accounts are repealed, agencies may not expend or obligate funds appropriated from the repealed account on or after the effective date of the repeal: (a) The climate commitment account; (b) the natural climate solutions account; and (c) the air quality and health disparities improvement account.
If the following accounts are repealed, appropriations in chapter 474, Laws of 2023 (2023-2025 biennial capital budget) and this act that are appropriated from the (a) the climate commitment account; (b) the natural climate solutions account; and (c) the air quality and health disparities improvement account shall be paid from the consolidated climate account, created in chapter . . . (Substitute House Bill No. 2104), Laws of 2024 (supplemental operating appropriations act), as if they were appropriated from the consolidated climate account beginning on the date of the repeal of the accounts unless specified otherwise.
(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 projects related to relocating public utilities related to fish barrier removal projects and for an evaluation of the costs. During the 2023-2025 fiscal biennium, the legislature may appropriate moneys from the account 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.
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.
A resource management cost account in the state treasury is created to be used solely for the purpose of defraying the costs and expenses necessarily incurred by the department in managing and administering state landsand aquatic lands and the making and administering of leases, sales, contracts, licenses, permits, easements, and rights-of-way as authorized under the provisions of this title. Appropriations from the resource management cost account to the department shall be expended for no other purposes. Funds in the resource management cost account may be appropriated or transferred by the legislature for the benefit of all of the trusts from which the funds were derived. During the 2013-2015 fiscal biennium, the legislature may transfer from the aquatics revenues in the resources management cost account to the marine resources stewardship trust account for the purposes of chapter 43.372 RCW. During the 2023-2025 fiscal biennium, the legislature may transfer no more than $5,000,000 from the resource management cost account to the land bank account created in RCW 79.19.120.
On June 30, 2024, the state treasurer shall transfer $5,000,000, or as much thereof as is necessary, from the resource management cost account created in RCW 79.64.020 to the land bank account created in RCW 79.19.120. Before June 30, 2024, the office of financial management, in consultation with the department of natural resources, shall provide the state treasurer with the amount necessary to transfer.
The firearms range account is hereby created in the state general fund. Moneys in the account shall be subject to legislative appropriation and shall be used for purchase and development of land, construction or improvement of range facilities, including fixed structure construction or remodeling, equipment purchase, safety or environmental improvements, noise abatement, and liability protection for public and nonprofit firearm range training and practice facilities.
Grant funds shall not be used for expendable shooting supplies, or normal operating expenses. In making grants, the board shall give priority to projects for noise abatement or safety improvement. Grant funds shall not supplant funds for other organization programs.
The funds will be available to nonprofit shooting organizations, school districts, and state, county, or local governments on a match basis. All entities receiving matching funds must be open on a regular basis and usable by law enforcement personnel or the general public who possess Washington concealed pistol licenses or Washington hunting licenses or who are enrolled in a firearm safety class.
Applicants for a grant from the firearms range account shall provide matching funds in either cash or in-kind contributions. The match must represent one dollar in value for each one dollar of the grant except that in the case of a grant for noise abatement or safety improvements the match must represent one dollar in value for each two dollars of the grant. In-kind contributions include but are not limited to labor, materials, and new property. Existing assets and existing development may not apply to the match.
Applicants other than school districts or local or state government must be registered as a nonprofit or not-for-profit organization with the Washington secretary of state. The organization's articles of incorporation must contain provisions for the organization's structure, officers, legal address, and registered agent.
Organizations requesting grants must provide the hours of range availability for public and law enforcement use. The fee structure will be submitted with the grant application.
Any nonprofit organization or agency accepting a grant under this program will be required to pay back the entire grant amount to the firearms range account if the use of the range facility is discontinued less than ten years after the grant is accepted.
Entities receiving grants must make the facilities for which grant funding is received open for hunter safety education classes and firearm safety classes on a regular basis for no fee.
Government units or school districts applying for grants must open their range facility on a regular basis for hunter safety education classes and firearm safety classes.
The board shall adopt rules to implement chapter 195, Laws of 1990, pursuant to chapter 34.05 RCW. During the 2017-2019 and 2019-2021 fiscal biennia, expenditures from the firearms range account may be used to implement chapter 74, Laws of 2017 (SHB 1100) (concealed pistol licenses) and chapter 282, Laws of 2017 (SB 5268) (concealed pistol license notices). During the 2021-2023 and 2023-2025 fiscal biennia, expenditures from the firearms range account may be used to implement chapter 74, Laws of 2017 (SHB 1100) (concealed pistol licenses).
During the 2023-2025 fiscal biennium, the legislature may also appropriate moneys in the firearms range account to the department of natural resources for recreational target shooting pilot sites as provided in section 3028 of this act.
During the 2023-2025 fiscal biennium, the application and matching funds requirements of this section do not apply to the recreational target shooting pilot sites in section 3028 of this act.
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The director of the office of financial management, or the director's designee, shall collect a list of clean energy projects from state agencies that may qualify for elective payment under P.L. 117-169 (inflation reduction act of 2022), such as the purchase of electric vehicle fleets; alternative fuel vehicle refueling and charging; and renewable energy projects including wind, solar, geothermal, electrolytic hydrogen, and energy storage.
For tax years 2023 and 2024, the director or director's designee shall work with agencies, including institutions of higher education, to complete all steps necessary to file an annual tax return with the United States internal revenue service on behalf of the state in order to claim elective payments available for state agency clean energy projects that have been placed into service.
The office of financial management shall provide a report to the fiscal committees of the legislature by July 1, 2024, and June 30, 2025, that summarizes the state's tax return submitted that year, including the total dollar value of projects included in the tax return and the total dollar amount of direct pay tax credits sought. The report must also include an itemized list of the projects that displays the dollar amounts and types of tax credits sought.
Funds received by the state pursuant to this section shall be deposited into the inflation reduction elective pay account created in chapter . . . (Engrossed Senate Bill No. 6098), Laws of 2024 (concerning accounts).
It is the intent of the legislature that funds received under this section will be allocated to capital projects through omnibus capital appropriations acts.
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.