title: RCW 43.167.020

text:
(1) A community preservation and development authority shall have the power to:
(a) Accept gifts, grants, loans, or other aid from public or private entities;
(b) Employ and appoint such agents, attorneys, officers, and employees as may be necessary to implement the purposes and duties of an authority;
(c) Contract and enter into partnerships with individuals, associations, corporations, and local, state, and federal governments;
(d) Buy, own, lease, and sell real and personal property;
(e) Hold in trust, improve, and develop land;
(f) Invest, deposit, and reinvest its funds;
(g) Incur debt in furtherance of its mission; and
(h) Lend its funds, property, credit, or services for corporate purposes.
(2) A community preservation and development authority has no power of eminent domain nor any power to levy taxes or special assessments.
(3) A community preservation and development authority that accepts public funds under subsection (1)(a) of this section:
(a) Is subject in all respects to Article VIII, section 5 or 7, as appropriate, of the state Constitution, and to RCW 29B.40.250; and
(b) May not use the funds to support or oppose a candidate, ballot proposition, political party, or political committee.
[ 2024 c 164 s 526; 2011 c 60 s 40; 2009 c 516 s 2; 2007 c 501 s 4.]
Notes:
Intent—Construction—Rules remain valid—Effective date—2024 c 164: See notes following RCW 29B.10.010.
Effective date—2011 c 60: See note following RCW 29B.20.030.

catchline: Powers of authorities—Limitations.


doc_type: statute

jurisdiction: wa

title: RCW 43.167.030

text:
A community preservation and development authority shall have the duty to:
(1) Establish specific geographic boundaries for the authority within its bylaws based on the general geographic boundaries established in the proposal submitted and approved by the legislature;
(2) Solicit input from members of its community and develop a strategic preservation and development plan to restore and promote the health, safety, and economic well-being of the impacted community and to restore and preserve its cultural and historical identity;
(3) Include within the strategic plan a prioritized list of projects identified and supported by the community, including capital or operating components;
(4) Establish funding mechanisms to support projects and programs identified in the strategic plan including but not limited to grants and loans;
(5) Use gifts, grants, loans, and other aid from public or private entities to carry out projects identified in the strategic plan including, but not limited to, those that: (a) Enhance public safety; (b) reduce community blight; and (c) provide ongoing mitigation of the adverse effects of multiple publicly funded projects on the impacted community; and
(6) Demonstrate ongoing accountability for its actions by:
(a) Reporting to the appropriate committees of the legislature, one year after formation and every biennium thereafter, on the authority's strategic plan, activities, accomplishments, and any recommendations for statutory changes;
(b) Reporting any changes in the authority's geographic boundaries to the appropriate committees of the legislature when the legislature next convenes in regular session;
(c) Convening a local town hall meeting with its constituency on an annual basis to: (i) Report its activities and accomplishments from the previous year; (ii) present and receive input from members of the impacted community regarding its proposed strategic plan and activities for the upcoming year; and (iii) hold board member elections as necessary; and
(d) Maintaining books and records as appropriate for the conduct of its affairs.
[ 2009 c 516 s 3; 2007 c 501 s 5.]

license: public-domain-government-work

rule_set: Revised Code of Washington

catchline: Duties of authorities.

code: rcw

unit: section

court: Washington State Legislature


title: RCW 43.167.040

text:
The community preservation and development authority account is created in the state treasury. The account is composed of two subaccounts, one for moneys to be appropriated for operating purposes, and the other for moneys to be appropriated for capital purposes. Moneys in the account may be spent only after appropriation. Expenditures from the account may be used only for projects under this chapter.
[ 2007 c 501 s 7.]

catchline: Community preservation and development authority account.


title: RCW 43.167.050

text:
Prior to making siting, design, and construction decisions for future major public facilities, public works projects, or capital projects with significant public funding, state and local government agencies may:
(1) Communicate and consult with the community preservation and development authority and impacted community, including assessing the compatibility of the proposed project with the strategic plan adopted by the authority; and
(2) Make reasonable efforts to ensure that negative, cumulative effects of multiple projects upon the impacted community are minimized.
[ 2007 c 501 s 8.]

catchline: Role of state and local government agencies.


title: RCW 43.167.060

text:
The legislature authorizes the establishment of the Pioneer Square-International district community preservation and development authority, which boundaries are those contained in the Pioneer Square-International district within the city of Seattle.
[ 2007 c 501 s 6.]

catchline: Pioneer Square-International district community preservation and development authority.


title: RCW 43.167.070

text:
(1) The legislature finds that the Central district is identified as the oldest surviving residential neighborhood in Seattle where, historically, residents who faced housing and economic discrimination elsewhere in the city could settle and raise families, resulting in a richly diverse multicultural community. The legislature also finds that the Central district is widely recognized as the historical center of the Seattle African American community which is reflected in the historic buildings, institutions, and culture of the neighborhood. The legislature further finds that the Central district has been adversely impacted by public works, capital projects with significant public funding, and other land use decisions which have contributed to dislocation, displacement, and the disintegration of an identifiable existing community and its historical and cultural character. In addition, the legislature finds that members of the community who meet the definition of constituency contained in RCW 43.167.003(3) have submitted a proposal to form a community preservation and development authority to preserve, restore, and enhance the unique, history, culture, and character of the Central district.
(2) The legislature authorizes the establishment of the Central district community preservation and development authority, which boundaries are those contained in the Central district within the city of Seattle, to preserve the unique character and history of the area pursuant to RCW 43.167.007.
[ 2019 c 447 s 5.]

catchline: Central district community preservation and development authority.


title: RCW 43.167.080

text:
Any community preservation and development authority organized pursuant to this chapter must submit a biennial report to the appropriate committees of the legislature on their strategic plan, use of funding, and impacts on the community by November 1st of each odd-numbered year.
[ 2026 c 217 s 4.]
Notes:
Expiration date—Effective date—2026 c 217: See notes following RCW 82.08.211.

catchline: Biennial reports. (Expires January 1, 2037.)


title: RCW 43.168.010

text:
The legislature finds that:
(1) The economic health and well-being of the state, particularly in areas of high unemployment, economic stagnation, and poverty, is of substantial public concern.
(2) The consequences of minimal economic activity and persistent unemployment and underemployment are serious threats to the safety, health, and welfare of residents of these areas, decreasing the value of private investments and jeopardizing the sources of public revenue.
(3) The economic and social interdependence of communities and the vitality of industrial and economic activity necessitates, and is in part dependent on preventing substantial dislocation of residents and rebuilding the diversification of the areas' economy.
(4) The ability to remedy problems in stagnant areas of the state is beyond the power and control of the regulatory process and influence of the state, and the ordinary operations of private enterprise without additional governmental assistance are insufficient to adequately remedy the problems of poverty and unemployment.
(5) The revitalization of depressed communities requires the stimulation of private investment, the development of new business ventures, the provision of capital to ventures sponsored by local organizations and capable of growth in the business markets, and assistance to viable, but under-financed, small businesses in order to create and preserve jobs that are sustainable in the local economy.
Therefore, the legislature declares there to be a substantial public purpose in providing capital to promote economic development and job creation in areas of economic stagnation, unemployment, and poverty. To accomplish this purpose, the legislature hereby creates the rural Washington loan fund and vests in the department of commerce the authority to spend federal funds to stimulate the economy of distressed areas.
[ 2023 c 470 s 2065; 1999 c 164 s 501; 1985 c 164 s 1.]
Notes:
Explanatory statement—2023 c 470: See note following RCW 10.99.030.
Findings—Intent—Part headings and subheadings not law—Effective date—Severability—1999 c 164: See notes following RCW 43.160.010.

catchline: Findings—Declaration.


title: RCW 43.168.020

text:
Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.
(1) "Department" means the department of commerce.
(2) "Director" means the director of commerce.
(3) "Distressed area" means: (a) A rural county; (b) a county which has an unemployment rate which is twenty percent above the state average for the immediately previous three years; (c) a county that has a median household income that is less than seventy-five percent of the state median household income for the previous three years; (d) a metropolitan statistical area, as defined by the office of federal statistical policy and standards, United States department of commerce, in which the average level of unemployment for the calendar year immediately preceding the year in which an application is filed under this chapter exceeds the average state unemployment for such calendar year by twenty percent; or (e) an area within a county, which area: (i) Is composed of contiguous census tracts; (ii) has a minimum population of five thousand persons; (iii) has at least seventy percent of its families and unrelated individuals with incomes below eighty percent of the county's median income for families and unrelated individuals; and (iv) has an unemployment rate which is at least forty percent higher than the county's unemployment rate. For purposes of this definition, "families and unrelated individuals" has the same meaning that is ascribed to that term by the federal department of housing and urban development in its regulations authorizing action grants for economic development and neighborhood revitalization projects.
(4) "Fund" means the rural Washington loan fund.
(5) "Local development organization" means a nonprofit organization which is organized to operate within an area, demonstrates a commitment to a long-standing effort for an economic development program, and makes a demonstrable effort to assist in the employment of unemployed or underemployed residents in an area.
(6) "Project" means the establishment of a new or expanded business in an area which when completed will provide employment opportunities. "Project" also means the retention of an existing business in an area which when completed will provide employment opportunities.
(7) "Rural county" has the same meaning as provided in RCW 82.14.370.
[ 2009 c 565 s 36; 2008 c 131 s 2; 2005 c 136 s 3; 1999 c 164 s 502; 1996 c 290 s 3; 1995 c 226 s 27; 1993 c 280 s 56; 1991 c 314 s 19; 1988 c 42 s 18; 1987 c 461 s 2; 1985 c 164 s 2.]
Notes:
Effective date—2008 c 131: See note following RCW 43.160.020.
Savings—2005 c 136: "This act does not affect any existing right acquired or liability or obligation incurred under the sections amended or repealed in this act or under any rule or order adopted under those sections, nor does it affect any proceeding instituted under those sections." [ 2005 c 136 s 19.]
Effective date—2005 c 136: "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 July 1, 2005." [ 2005 c 136 s 20.]
Findings—Intent—Part headings and subheadings not law—Effective date—Severability—1999 c 164: See notes following RCW 43.160.010.
Severability—Conflict with federal requirements—Effective date—1995 c 226: See notes following RCW 43.160.020.
Effective date—1993 c 280: See RCW 43.330.902.
Findings—1991 c 314: See note following RCW 43.160.020.
Severability—1988 c 42: See note following RCW 4.24.480.

catchline: Definitions.


title: RCW 43.168.040

text:
Subject to the restrictions contained in this chapter, the director is authorized to approve applications of local governments for federal community development block grant funds which the local governments would use to make loans to finance business projects within their jurisdictions. Applications approved by the director under this chapter shall conform to applicable federal requirements.
[ 2005 c 136 s 4; 1987 c 461 s 3; 1985 c 164 s 4.]
Notes:
Savings—Effective date—2005 c 136: See notes following RCW 43.168.020.

catchline: Approval of applications for federal community development block grant funds for projects.


title: RCW 43.168.050

text:
(1) The director may only approve an application providing a loan for a project which the director finds:
(a) Will result in the creation of employment opportunities, the maintenance of threatened employment, or development or expansion of business ownership by minorities and women;
(b) Will conform to federal rules and regulations governing the spending of federal community development block grant funds;
(c) Will be of public benefit and for a public purpose, and that the benefits, including increased or maintained employment, improved standard of living, the employment of disadvantaged workers, and development or expansion of business ownership by minorities and women, will primarily accrue to residents of the area;
(d) Will probably be successful;
(e) Would probably not be completed without the loan because other capital or financing at feasible terms is unavailable or the return on investment is inadequate.
(2) The director shall, subject to federal block grant criteria, give higher priority to economic development projects that contain provisions for child care.
(3) The director may not approve an application if it fails to provide for adequate reporting or disclosure of financial data to the director. The director may require an annual or other periodic audit of the project books.
(4) The director may require that the project be managed in whole or in part by a local development organization and may prescribe a management fee to be paid to such organization by the recipient of the loan or grant.
(5) The director may approve an application which results in a loan or grant of up to one million dollars.
(6) The director shall fix the terms and rates pertaining to fund loans.
(7) Should there be more demand for loans than funds available for lending, the director shall provide loans for those projects which will lead to the greatest amount of employment or benefit to a community. In determining the "greatest amount of employment or benefit" the director shall also consider the employment which would be saved by its loan and the benefit relative to the community, not just the total number of new jobs or jobs saved.
(8) To the extent permitted under federal law the director shall require applicants to provide for the transfer of all payments of principal and interest on loans to the fund created under this chapter. Under circumstances where the federal law does not permit the director to require such transfer, the director shall give priority to applications where the applicants on their own volition make commitments to provide for the transfer.
(9) The director shall not approve any application to finance or help finance a shopping mall.
(10) For loans not made to minority and women-owned businesses, the director shall make at least eighty percent of the appropriated funds available to projects located in distressed areas, and may make up to twenty percent available to projects located in areas not designated as distressed. For loans not made to minority and women-owned businesses, the director shall not make funds available to projects located in areas not designated as distressed if the fund's net worth is less than seven million one hundred thousand dollars.
(11) If an objection is raised to a project on the basis of unfair business competition, the director shall evaluate the potential impact of a project on similar businesses located in the local market area. A grant may be denied by the director if a project is not likely to result in a net increase in employment within a local market area.
(12) For loans to minority and women-owned businesses who do not meet the credit criteria, the director may consider nontraditional credit standards to offset past discrimination that has precluded full participation of minority or women-owned businesses in the economy. For applicants with high potential who do not meet the credit criteria, the director shall consider developing alternative borrowing methods. For applicants denied loans due to credit problems, the department shall provide financial counseling within available resources and provide referrals to credit rehabilitation services. In circumstances of competing applications, priority shall be given to members of eligible groups which previously have been least served by this fund.
[ 2005 c 136 s 5; 1993 c 512 s 12; 1990 1st ex.s. c 17 s 74; 1989 c 430 s 9; 1987 c 461 s 4; 1986 c 204 s 2; 1985 c 164 s 5.]
Notes:
Savings—Effective date—2005 c 136: See notes following RCW 43.168.020.
Intent—1990 1st ex.s. c 17: See note following RCW 43.210.010.
Severability—Part, section headings not law—1990 1st ex.s. c 17: See RCW 36.70A.900 and 36.70A.901.
Legislative findings—Severability—1989 c 430: See notes following RCW 43.31.502.

catchline: Application approval—Conditions and limitations.


title: RCW 43.168.055

text:
In addition to the requirements of RCW 43.168.050, the department shall, subject to applicable federal funding criteria, give priority to applications that capitalize or recapitalize an existing or new local revolving fund based on criteria established by the department.
[ 1999 c 164 s 503.]
Notes:
Findings—Intent—Part headings and subheadings not law—Effective date—Severability—1999 c 164: See notes following RCW 43.160.010.

catchline: Application priorities.


title: RCW 43.168.060

text:
The department is encouraged to work with local development organizations to promote applications for loans by the fund. The department shall also provide assistance to local development organizations and local governments to identify viable projects for consideration. The department shall adopt such rules and regulations as are appropriate for implementation of this chapter.
[ 2005 c 136 s 6; 1985 c 164 s 6.]
Notes:
Savings—Effective date—2005 c 136: See notes following RCW 43.168.020.

catchline: Local development organizations—Duties of department—Rules.


title: RCW 43.168.070

text:
The director may receive and approve applications on a monthly basis but shall receive and approve applications on at least a quarterly basis for each fiscal year. The director shall make every effort to simplify the loan process for applicants. Department staff shall process and assist in the preparation of applications. Each application shall show in detail the nature of the project, the types and numbers of jobs to be created, wages to be paid to new employees, and methods to hire unemployed persons from the area. Each application shall contain a credit analysis of the business to receive the loan. The director may respond on short notice to applications of a serious or immediate nature.
[ 2005 c 136 s 7; 1993 c 512 s 14; 1987 c 461 s 5; 1985 c 164 s 7.]
Notes:
Savings—Effective date—2005 c 136: See notes following RCW 43.168.020.

catchline: Processing of applications—Contents of applications.


title: RCW 43.168.090

text:
The department shall use for the fund an amount of federal community development block grant funds equal to the amount of state funds transferred or appropriated to the department for purposes of supplementing the department's block grant funds.
[ 2005 c 136 s 8; 1985 c 164 s 9.]
Notes:
Savings—Effective date—2005 c 136: See notes following RCW 43.168.020.

catchline: Use of federal community development block grant funds.


title: RCW 43.168.100

text:
The director may make grants of state funds to local governments which qualify as "entitlement communities" under the federal law authorizing community development block grants. These grants may only be made on the condition that the entitlement community provide the director with assurances that it will: (1) Spend the grant moneys for purposes and in a manner which satisfies state constitutional requirements; (2) spend the grant moneys for purposes and in a manner which would satisfy federal requirements; and (3) spend at least the same amount of the grant for loans to businesses from the federal funds received by the entitlement community.
[ 2005 c 136 s 9; 1993 c 512 s 15; 1986 c 204 s 1; 1985 c 164 s 10.]
Notes:
Savings—Effective date—2005 c 136: See notes following RCW 43.168.020.


title: RCW 43.168.110

text:
There is established the rural Washington loan fund which shall be an account in the state treasury. All loan payments of principal and interest which are transferred under RCW 43.168.050 shall be deposited into the account. Moneys in the account may be spent only after legislative appropriation for loans under this chapter. Any expenditures of these moneys shall conform to federal law.
[ 1999 c 164 s 504; 1992 c 235 s 11; 1985 c 164 s 11.]
Notes:
Findings—Intent—Part headings and subheadings not law—Effective date—Severability—1999 c 164: See notes following RCW 43.160.010.

catchline: Rural Washington loan fund.


title: RCW 43.168.120

text:
(1) The department shall develop guidelines for rural Washington loan funds to be used to fund existing economic development revolving loan funds. Consideration shall be given to the selection process for grantees, loan quality criteria, legal and regulatory issues, and ways to minimize duplication between rural Washington loan funds and local economic development revolving loan funds.
(2) If it appears that all of the funds appropriated to the fund for a biennium will not be fully granted to local governments within that biennium, the department may make available up to twenty percent of the eighty percent of the funds available to projects in distressed areas under RCW 43.168.050(10) for grants to local governments to assist existing economic development revolving loan funds in distressed areas. The grants to local governments shall be utilized to make loans to businesses that meet the specifications for loans under this chapter. The local governments shall, to the extent permitted under federal law, agree to convey to the fund the principal and interest payments from existing loans that the local governments have made through their revolving loan funds. Under circumstances where the federal law does not permit the department to require such transfer, the department shall give priority to applications where the applicants on their own volition make commitments to provide for the transfer.
[ 1999 c 164 s 505; 1987 c 461 s 6.]
Notes:
Findings—Intent—Part headings and subheadings not law—Effective date—Severability—1999 c 164: See notes following RCW 43.160.010.

catchline: Guidelines for use of funds for existing economic development revolving loan funds—Grants to local governments to assist existing economic development revolving loan funds.


title: RCW 43.168.130

text:
The director shall develop performance standards for judging the effectiveness of the program. Such standards shall include, to the extent possible, examining the effectiveness of grants in regard to:
(1) Job creation for individuals of low and moderate income;
(2) Retention of existing employment;
(3) The creation of new employment opportunities;
(4) The diversification of the economic base of local communities;
(5) The establishment of employee cooperatives;
(6) The provision of assistance in cases of employee buy-outs of firms to prevent the loss of existing employment;
(7) The degree of risk assumed by the fund, with emphasis on loans which did not receive financing from commercial lenders, but which are considered financially sound.
[ 2005 c 136 s 10; 1998 c 245 s 52; 1987 c 461 s 7.]
Notes:
Savings—Effective date—2005 c 136: See notes following RCW 43.168.020.

catchline: Development of performance standards.


title: RCW 43.168.150

text:
Subject to the restrictions contained in this chapter, the director is authorized to approve applications of minority and women-owned businesses for loans or loan guarantees from the fund. Applications approved by the director under this chapter shall conform to applicable federal requirements. The director shall prioritize available funds for loan guarantees rather than loans when possible. The director may enter into agreements with other public or private lending institutions to develop a joint loan guarantee program for minority and women-owned businesses. If such a program is developed, the director may provide funds, in conjunction with the other organizations, to operate the program. This section does not preclude the director from making individual loan guarantees.
To the maximum extent practicable, the funds available under this section shall be made available on an equal basis to minority and women-owned businesses. The director shall submit to the appropriate committees of the senate and house of representatives quarterly reports that detail the number of loans approved and the characteristics of the recipients by ethnic and gender groups.
[ 2005 c 136 s 11; 1993 c 512 s 13.]
Notes:
Savings—Effective date—2005 c 136: See notes following RCW 43.168.020.

catchline: Minority and women-owned businesses—Application process—Joint loan guarantee program.


title: RCW 43.17.010

text:
There shall be departments of the state government which shall be known as (1) the department of social and health services, (2) the department of ecology, (3) the department of labor and industries, (4) the department of agriculture, (5) the department of fish and wildlife, (6) the department of transportation, (7) the department of licensing, (8) the department of enterprise services, (9) the department of commerce, (10) the department of veterans affairs, (11) the department of revenue, (12) the department of retirement systems, (13) the department of corrections, (14) the department of health, (15) the department of financial institutions, (16) the department of archaeology and historic preservation, (17) the department of children, youth, and families, and (18) the Puget Sound partnership, which shall be charged with the execution, enforcement, and administration of such laws, and invested with such powers and required to perform such duties, as the legislature may provide.
[ 2017 3rd sp.s. c 6 s 109; 2011 1st sp.s. c 43 s 107; 2009 c 565 s 25; 2007 c 341 s 46; 2006 c 265 s 111; 2005 c 333 s 10. Prior: 1993 sp.s. c 2 s 16; 1993 c 472 s 17; 1993 c 280 s 18; 1989 1st ex.s. c 9 s 810; 1987 c 506 s 2; 1985 c 466 s 47; 1984 c 125 s 12; 1981 c 136 s 61; 1979 c 10 s 1; prior: 1977 ex.s. c 334 s 5; 1977 ex.s. c 151 s 20; 1977 c 7 s 1; prior: 1975-'76 2nd ex.s. c 115 s 19; 1975-'76 2nd ex.s. c 105 s 24; 1971 c 11 s 1; prior: 1970 ex.s. c 62 s 28; 1970 ex.s. c 18 s 50; 1969 c 32 s 1; prior: 1967 ex.s. c 26 s 12; 1967 c 242 s 12; 1965 c 156 s 20; 1965 c 8 s 43.17.010; prior: 1957 c 215 s 19; 1955 c 285 s 2; 1953 c 174 s 1; prior: (i) 1937 c 111 s 1, part; RRS s 10760-2, part. (ii) 1935 c 176 s 1; 1933 c 3 s 1; 1929 c 115 s 1; 1921 c 7 s 2; RRS s 10760. (iii) 1945 c 267 s 1, part; Rem. Supp. 1945 s 10459-1, part. (iv) 1947 c 114 s 5; Rem. Supp. 1947 s 10786-10c.]
Notes:
Effective date—2017 3rd sp.s. c 6 ss 102, 104-115, 201-227, 301-337, 401-419, 501-513, 801-803, and 805-822: See note following RCW 43.216.025.
Conflict with federal requirements—2017 3rd sp.s. c 6: See RCW 43.216.908.
Effective date—Purpose—2011 1st sp.s. c 43: See notes following RCW 43.19.003.
Effective date—2007 c 341: See RCW 90.71.907.
Effective date—2006 c 265: See RCW 43.216.902.
Effective date—1993 sp.s. c 2 ss 1-6, 8-59, and 61-79: See RCW 43.300.900.
Effective date—1993 c 472: See RCW 43.320.900.
Effective date—1993 c 280: See RCW 43.330.902.
Effective date—Severability—1989 1st ex.s. c 9: See RCW 43.70.910 and 43.70.920.
Legislative findings and intent—1987 c 506: See note following RCW 77.04.020.
Effective date—Severability—1985 c 466: See notes following RCW 43.31.125.
Effective date—1981 c 136: See RCW 72.09.900.
Effective date—1977 ex.s. c 334: See note following RCW 46.01.011.
Federal requirements—1977 ex.s. c 151: See RCW 47.98.070.
Severability—1975-'76 2nd ex.s. c 105: See note following RCW 41.04.270.
Effective date—Severability—1970 ex.s. c 18: See notes following RCW 43.20A.010.
Department of
agriculture: Chapter 43.23 RCW.
archaeology and historic preservation: Chapter 43.334 RCW.
children, youth, and families: Chapter 43.216 RCW.
commerce: Chapter 43.330 RCW.
corrections: Chapter 72.09 RCW.
ecology: Chapter 43.21A RCW.
employment security: Chapter 50.08 RCW.
enterprise services: Chapter 43.19 RCW.
financial institutions: Chapter 43.320 RCW.
fish and wildlife: Chapters 43.300 and 77.04 RCW.
health: Chapter 43.70 RCW.
labor and industries: Chapter 43.22 RCW.
licensing: Chapters 43.24 and 46.01 RCW.
natural resources: Chapter 43.30 RCW.
personnel: Chapter 41.06 RCW.
retirement systems: Chapter 41.50 RCW.
revenue: Chapter 82.01 RCW.
services for the blind: Chapter 74.18 RCW.
social and health services: Chapter 43.20A RCW.
transportation: Chapter 47.01 RCW.
veterans affairs: Chapter 43.60A RCW.

catchline: Departments created.


title: RCW 43.17.020

text:
There shall be a chief executive officer of each department to be known as: (1) The secretary of social and health services, (2) the director of ecology, (3) the director of labor and industries, (4) the director of agriculture, (5) the director of fish and wildlife, (6) the secretary of transportation, (7) the director of licensing, (8) the director of enterprise services, (9) the director of commerce, (10) the director of veterans affairs, (11) the director of revenue, (12) the director of retirement systems, (13) the secretary of corrections, (14) the secretary of health, (15) the director of financial institutions, (16) the director of the department of archaeology and historic preservation, (17) the secretary of children, youth, and families, and (18) the executive director of the Puget Sound partnership.
Such officers, except the director of fish and wildlife, shall be appointed by the governor, with the consent of the senate, and hold office at the pleasure of the governor. The director of fish and wildlife shall be appointed by the fish and wildlife commission as prescribed by RCW 77.04.055.
[ 2017 3rd sp.s. c 6 s 110; 2011 1st sp.s. c 43 s 108; 2009 c 565 s 26; 2007 c 341 s 47; 2006 c 265 s 112. Prior: 2005 c 333 s 11; 2005 c 319 s 2; 1995 1st sp.s. c 2 s 2 (Referendum Bill No. 45, approved November 7, 1995); prior: 1993 sp.s. c 2 s 17; 1993 c 472 s 18; 1993 c 280 s 19; 1989 1st ex.s. c 9 s 811; 1987 c 506 s 3; 1985 c 466 s 48; 1984 c 125 s 13; 1981 c 136 s 62; 1979 c 10 s 2; prior: 1977 ex.s. c 334 s 6; 1977 ex.s. c 151 s 21; 1977 c 7 s 2; prior: 1975-'76 2nd ex.s. c 115 s 20; 1975-'76 2nd ex.s. c 105 s 25; 1971 c 11 s 2; prior: 1970 ex.s. c 62 s 29; 1970 ex.s. c 18 s 51; 1969 c 32 s 2; prior: 1967 ex.s. c 26 s 13; 1967 c 242 s 13; 1965 c 156 s 21; 1965 c 8 s 43.17.020; prior: 1957 c 215 s 20; 1955 c 285 s 3; 1953 c 174 s 2; prior: (i) 1935 c 176 s 2; 1933 c 3 s 2; 1929 c 115 s 2; 1921 c 7 s 3; RRS s 10761. (ii) 1937 c 111 s 1, part; RRS s 10760. (iii) 1945 c 267 s 1, part; Rem. Supp. 1945 s 10459-1, part.]
Notes:
Effective date—2017 3rd sp.s. c 6 ss 102, 104-115, 201-227, 301-337, 401-419, 501-513, 801-803, and 805-822: See note following RCW 43.216.025.
Conflict with federal requirements—2017 3rd sp.s. c 6: See RCW 43.216.908.
Effective date—Purpose—2011 1st sp.s. c 43: See notes following RCW 43.19.003.
Effective date—2007 c 341: See RCW 90.71.907.
Effective date—2006 c 265: See RCW 43.216.902.
Findings—Intent—2005 c 319: "The legislature finds that it is in the interest of the state to restructure the roles and responsibilities of the state's transportation agencies in order to improve efficiency and accountability. The legislature also finds that continued citizen oversight of the state's transportation system remains an important priority. To achieve these purposes, the legislature intends to provide direct accountability of the department of transportation to the governor, in his or her role as chief executive officer of state government, by making the secretary of transportation a cabinet-level official. Additionally, it is essential to clearly delineate between the separate and distinct roles and responsibilities of the executive and legislative branches of government. The role of executive is to oversee the implementation of transportation programs, while the legislature reserves to itself the role of policymaking. Finally, consolidating public outreach and auditing of the state's transportation agencies under a single citizen-governed entity, the transportation commission, will provide the public with information about the performance of the transportation system and an avenue for direct participation in its oversight." [ 2005 c 319 s 1.]
Part headings—2005 c 319: "Part headings used in this act are no part of the law." [ 2005 c 319 s 142.]
Effective dates—2005 c 319: "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 July 1, 2005, except for section 103 of this act which takes effect July 1, 2006." [ 2005 c 319 s 145.]
Effective date—1995 1st sp.s. c 2: "Sections 2 through 43 of this act shall take effect July 1, 1996." [ 1995 1st sp.s. c 2 s 45.]
Referral to electorate—1995 1st sp.s. c 2: See note following RCW 77.04.013.
Effective date—1993 sp.s. c 2 ss 1-6, 8-59, and 61-79: See RCW 43.300.900.
Effective date—1993 c 472: See RCW 43.320.900.
Effective date—1993 c 280: See RCW 43.330.902.
Effective date—Severability—1989 1st ex.s. c 9: See RCW 43.70.910 and 43.70.920.
Legislative findings and intent—1987 c 506: See note following RCW 77.04.020.
Effective date—Severability—1985 c 466: See notes following RCW 43.31.125.
Effective date—1981 c 136: See RCW 72.09.900.
Effective date—1977 ex.s. c 334: See note following RCW 46.01.011.
Federal requirements—1977 ex.s. c 151: See RCW 47.98.070.
Severability—1975-'76 2nd ex.s. c 105: See note following RCW 41.04.270.
Effective date—Severability—1970 ex.s. c 18: See notes following RCW 43.20A.010.

catchline: Chief executive officers—Appointment.


title: RCW 43.17.030

text:
The directors of the several departments shall exercise such powers and perform such executive and administrative duties as are provided by law.
Each appointive officer before entering upon the duties of his or her office shall take and subscribe the oath of office prescribed by law for elective state officers, and file the same in the office of the secretary of state.
[ 2009 c 549 s 5058; 1965 c 8 s 43.17.030. Prior: 1921 c 7 s 18; RRS s 10776.]
Notes:
Oaths of elective state officers: RCW 43.01.020.

catchline: Powers and duties—Oath.


title: RCW 43.17.040

text:
The director of each department may, from time to time, designate and deputize one of the assistant directors of his or her department to act as the chief assistant director, who shall have charge and general supervision of the department in the absence or disability of the director, and who, in case a vacancy occurs in the office of director, shall continue in charge of the department until a director is appointed and qualified, or the governor appoints an acting director.
[ 2009 c 549 s 5059; 1965 c 8 s 43.17.040. Prior: 1921 c 7 s 118; RRS s 10876.]

catchline: Chief assistant director—Powers.


title: RCW 43.17.050

text:
Each department shall maintain its principal office at the state capital. The director of each department may, with the approval of the governor, establish and maintain branch offices at other places than the state capital for the conduct of one or more of the functions of his or her department.
The governor, in his or her discretion, may require all administrative departments of the state and the appointive officers thereof, other than those created by this chapter, to maintain their principal offices at the state capital in rooms to be furnished by the director of enterprise services.
[ 2015 c 225 s 62; 2009 c 549 s 5060; 1965 c 8 s 43.17.050. Prior: (i) 1921 c 7 s 20; RRS s 10778. (ii) 1921 c 7 s 134; RRS s 10892.]
Notes:
Departments to share occupancy—Capital projects surcharge: RCW 43.01.090.
Housing for state offices, departments, and institutions: Chapter 43.82 RCW.

catchline: Office at capital—Branch offices.


title: RCW 43.17.060

text:
The director of each department may prescribe rules and regulations, not inconsistent with law, for the government of his or her department, the conduct of its subordinate officers and employees, the disposition and performance of its business, and the custody, use, and preservation of the records, papers, books, documents, and property pertaining thereto.
[ 2009 c 549 s 5061; 1965 c 8 s 43.17.060. Prior: 1921 c 7 s 19; RRS s 10777.]

catchline: Departmental rules and regulations.


title: RCW 43.17.070

text:
There shall be administrative committees of the state government, which shall be known as: (1) The state finance committee and (2) the state capitol committee.
[ 1982 c 40 s 8; 1965 c 8 s 43.17.070. Prior: 1929 c 115 s 3; 1921 c 7 s 4; RRS s 10762.]
Notes:
Severability—1982 c 40: See note following RCW 29A.12.020.
State capitol committee: Chapter 43.34 RCW.
State finance committee: Chapter 43.33 RCW.

catchline: Administrative committees.


title: RCW 43.17.095

text:
(1) In any instance where a state agency requires that a business submit a document, form, or payment of a fee in paper format, the state agency must provide the business an option to submit such requirement electronically.
(2) A business may authorize a second party to meet the requirements imposed by a state agency under subsection (1) of this section on its behalf.
(3) The director of a state agency or the director's designee may exempt a document, form, or payment of a fee from the requirements of this section if:
(a)(i) There is a legal requirement for such materials to be submitted in paper format; or
(ii) It is not technically or fiscally feasible or practical, or in the best interest of businesses for such materials to be submitted electronically; and
(b) Within existing resources, the director or the director's designee establishes and maintains a process to notify the public regarding such exemptions.
(4) Agencies must add the capability to submit existing documents, forms, and fees electronically as part of their normal operations. New documents, forms, and fees required of a business must be capable of electronic submission within a reasonable time following either their creation or the implementation of the new requirement.
(5) Agencies must document how they plan to transition from paper to electronic forms.
[ 2012 c 127 s 1.]

catchline: Option to submit document, form, or payment electronically—Requirements.


title: RCW 43.17.100

text:
Every appointive state officer and employee of the state shall give a surety bond, payable to the state in such sum as shall be deemed necessary by the director of the department of enterprise services, conditioned for the honesty of the officer or employee and for the accounting of all property of the state that shall come into his or her possession by virtue of his or her office or employment, which bond shall be approved as to form by the attorney general and shall be filed in the office of the secretary of state.
The director of enterprise services may purchase one or more blanket surety bonds for the coverage required in this section.
Any bond required by this section shall not be considered an official bond and shall not be subject to chapter 42.08 RCW.
[ 2015 c 225 s 63; 2009 c 549 s 5062; 1977 ex.s. c 270 s 7; 1975 c 40 s 6; 1965 c 8 s 43.17.100. Prior: 1921 c 7 s 16; RRS s 10774.]
Notes:
Official bonds: Chapter 42.08 RCW.
Powers and duties of director of enterprise services as to official bonds: RCW 43.19.784.

catchline: Surety bonds for appointive state officers and employees.


title: RCW 43.17.110

text:
Where power is vested in a department or officer to inspect, examine, secure data or information from, or procure assistance from, another department or officer, such other department or officer shall submit to such inspection or examination, and furnish the data, information, or assistance required.
[ 1965 c 8 s 43.17.110. Prior: 1921 c 7 s 128; RRS s 10886.]

catchline: Data, information, interdepartmental assistance.


title: RCW 43.17.120

text:
Such state agency as the governor may designate is hereby authorized to enter into an agreement on behalf of the state with the Secretary of Health, Education and Welfare to carry out the provisions of the federal social security act, as amended, relating to the making of determinations of disability under title II of such act.
[ 1965 c 8 s 43.17.120. Prior: 1955 c 200 s 1. Formerly RCW 74.44.010.]
Notes:
Federal social security for public employees: Chapters 41.33, 41.41, 41.47, and 41.48 RCW.

catchline: Designation of agency to carry out federal social security disability program.


title: RCW 43.17.130

text:
The state agency entering into such agreement shall appoint such professional personnel and other assistants and employees as may be reasonably necessary to carry out the provisions of RCW 43.17.120 and 43.17.130.
[ 1965 c 8 s 43.17.130. Prior: 1955 c 200 s 2. Formerly RCW 74.44.020.]

catchline: Designation of agency to carry out federal social security disability program—Appointment of personnel.


title: RCW 43.17.150

text:
(1) Each state agency is authorized to receive property or money made available by the attorney general of the United States under section 881(e) of Title 21 of the United States Code and, except as required to the contrary under subsection (2) of this section, to use the property or spend the money for such purposes as are permitted under both federal law and the state law specifying the powers and duties of the agency.
(2) Unless precluded by federal law, all funds received by a state agency under section 881(e) of Title 21 of the United States Code shall be promptly deposited into the state general fund.
[ 2009 c 479 s 27; 1986 c 246 s 1.]
Notes:
Effective date—2009 c 479: See note following RCW 2.56.030.

catchline: Receipt of property or money from United States attorney general—Use, expenditure—Deposit.


title: RCW 43.17.200

text:
(1) All state agencies including all state departments, boards, councils, commissions, and quasi public corporations shall allocate, as a nondeductible item, out of any moneys appropriated for the original construction of any public building, an amount of one-half of one percent of the appropriation to be expended by the Washington state arts commission for the acquisition of works of art.
(2) For projects funded in the capital budget, a state agency, working with the Washington state arts commission, may expend up to ten percent of the projected art allocation for a project during the design phase in order to select an artist and design art to be integrated in the building design. The one-half of one percent to be expended by the Washington state arts commission must be adjusted downward by the amount expended by a state agency during the design phase of the capital project.
(3) The works of art may be placed on public lands, integral to or attached to a public building or structure, detached within or outside a public building or structure, part of a portable exhibition or collection, part of a temporary exhibition, or loaned or exhibited in other public facilities.
(4) In addition to the cost of the works of art, the one-half of one percent of the appropriation as provided herein shall be used to provide for the administration of the visual arts program, including conservation of the state art collection, by the Washington state arts commission and all costs for installation of the works of art. For the purpose of this section building shall not include highway construction sheds, warehouses, or other buildings of a temporary nature.
[ 2019 c 240 s 2; 2018 c 298 s 7016; 2005 c 36 s 4; 1983 c 204 s 4; 1974 ex.s. c 176 s 2.]
Notes:
Effective date—2018 c 298: See note following RCW 79.17.210.
Severability—1983 c 204: See note following RCW 43.46.090.
Acquisition of works of art for public buildings and lands—Visual arts program established: RCW 43.46.090.
Purchase of works of art
interagency reimbursement for expenditure by visual arts program: RCW 43.17.205.
procedure: RCW 43.19.455.
State art collection: RCW 43.46.095.

catchline: Allocation of moneys for acquisition of works of art—Expenditure by arts commission—Conditions.


title: RCW 43.17.205

text:
The funds allocated under RCW 43.17.200, 28A.335.210, and 28B.10.025 shall be subject to interagency reimbursement for expenditure by the visual arts program of the Washington state arts commission when the particular law providing for the appropriation becomes effective. For appropriations which are dependent upon the sale of bonds, the amount or proportionate amount of the moneys under RCW 43.17.200, 28A.335.210, and 28B.10.025 shall be subject to interagency reimbursement for expenditure by the visual arts program of the Washington state arts commission thirty days after the sale of a bond or bonds.
[ 1990 c 33 s 574; 1983 c 204 s 3.]
Notes:
Purpose—Statutory references—Severability—1990 c 33: See RCW 28A.900.100 through 28A.900.102.
Severability—1983 c 204: See note following RCW 43.46.090.

catchline: Purchase of works of art—Interagency reimbursement for expenditure by visual arts program.


title: RCW 43.17.210

text:
The Washington state arts commission shall determine the amount to be made available for the purchase of art in consultation with the agency, except where another person or agency is specified under RCW 43.19.455, 28A.335.210, or 28B.10.025, and payments therefor shall be made in accordance with law. The designation of projects and sites, selection, contracting, purchase, commissioning, reviewing of design, execution and placement, acceptance, maintenance, and sale, exchange, or disposition of works of art shall be the responsibility of the Washington state arts commission in consultation with the directors of the state agencies.
[ 2005 c 36 s 5; 1990 c 33 s 575; 1983 c 204 s 5.]
Notes:
Purpose—Statutory references—Severability—1990 c 33: See RCW 28A.900.100 through 28A.900.102.
Severability—1983 c 204: See note following RCW 43.46.090.

catchline: Purchase of works of art—Procedure.


title: RCW 43.17.230

text:
(1) The legislature finds that when the state provides emergency information by telephone to citizens that is of a critical nature, such as road or weather hazards, the information should be accessible from all residential, commercial, and coin-operated telephones. Information such as road and weather conditions should be available to all persons traveling within the state whether they own a telephone in this state or not.
(2) If an agency or department of the state makes emergency information services available by telephone, the agency or department shall ensure that the telephone line is accessible from all coin-operated telephones in this state by both the use of coins and the use of a telephone credit card.
(3) A state agency that provides an emergency information service by telephone may establish charges to recover the cost of those services. However, an agency charging for the service shall not price it at a profit to create excess revenue for the agency. The agency shall do a total cost-benefit analysis of the available methods of providing the service and shall adopt the method that provides the service at the lowest cost to the user and the agency.
(4) "Emergency information services," as used in this section, includes information on road and weather conditions.
[ 1986 c 45 s 1.]

catchline: Emergency information telephone services—Accessibility from all phones required—Charges.


title: RCW 43.17.240

text:
Interest at the rate of one percent per month, or fraction thereof, shall accrue on debts owed to the state, starting on the date the debts become past due. This section does not apply to: (1) Any instance where such interest rate would conflict with the provisions of a contract or with the provisions of any other law; or (2) debts to be paid by other governmental units. The office of financial management may adopt rules specifying circumstances under which state agencies may waive interest, such as when assessment or collection of interest would not be cost-effective. This section does not affect any authority of the state to charge or collect interest under any other law on a debt owed to the state by a governmental unit. This section applies only to debts which become due on or after July 28, 1991.
[ 1991 c 85 s 2.]
Notes:
Collection agency use by state: RCW 19.16.500.

catchline: Debts owed to the state—Interest rate.


title: RCW 43.17.250

text:
(1) Whenever a state agency is considering awarding grants or loans for a county, city, or town planning under RCW 36.70A.040 to finance public facilities, it shall consider whether the county, city, or town requesting the grant or loan has adopted a comprehensive plan and development regulations as required by RCW 36.70A.040.
(2) If a comprehensive plan, development regulation, or amendment thereto adopted by a county, city, or town has been appealed to the growth management hearings board under RCW 36.70A.280, the county, city, or town may not be determined to be ineligible or otherwise penalized in the acceptance of applications or the awarding of state agency grants or loans during the pendency of the appeal before the board or subsequent judicial appeals. This subsection (2) applies only to counties, cities, and towns that have: (a) Delayed the initial effective date of the action subject to the petition before the board until after the board issues a final determination; or (b) within thirty days of receiving notice of a petition for review by the board, delayed or suspended the effective date of the action subject to the petition before the board until after the board issues a final determination.
(3) When reviewing competing requests from counties, cities, or towns planning under RCW 36.70A.040, a state agency considering awarding grants or loans for public facilities shall accord additional preference to those counties, cities, or towns that have adopted a comprehensive plan and development regulations as required by RCW 36.70A.040. For the purposes of the preference accorded in this section, a county, city, or town planning under RCW 36.70A.040 is deemed to have satisfied the requirements for adopting a comprehensive plan and development regulations specified in RCW 36.70A.040 if the county, city, or town:
(a) Adopts or has adopted a comprehensive plan and development regulations within the time periods specified in RCW 36.70A.040;
(b) Adopts or has adopted a comprehensive plan and development regulations before the state agency makes a decision regarding award recipients of the grants or loans if the county, city, or town failed to adopt a comprehensive plan and/or development regulations within the time periods specified in RCW 36.70A.040; or
(c) Demonstrates substantial progress toward adopting a comprehensive plan or development regulations within the time periods specified in RCW 36.70A.040. A county, city, or town that is more than six months out of compliance with the time periods specified in RCW 36.70A.040 shall not be deemed to demonstrate substantial progress for purposes of this section.
(4) The preference specified in subsection (3) of this section applies only to competing requests for grants or loans from counties, cities, or towns planning under RCW 36.70A.040. A request from a county, city, or town planning under RCW 36.70A.040 shall be accorded no additional preference based on subsection (3) of this section over a request from a county, city, or town not planning under RCW 36.70A.040.
(5) Whenever a state agency is considering awarding grants or loans for public facilities to a special district requesting funding for a proposed facility located in a county, city, or town planning under RCW 36.70A.040, it shall consider whether the county, city, or town in whose planning jurisdiction the proposed facility is located has adopted a comprehensive plan and development regulations as required by RCW 36.70A.040 and shall apply the standards in subsection (2) of this section and the preference specified in subsection (3) of this section and restricted in subsection (4) of this section.
[ 2013 c 275 s 2; 1999 c 164 s 601; 1991 sp.s. c 32 s 25.]
Notes:
Findings—Intent—Part headings and subheadings not law—Effective date—Severability—1999 c 164: See notes following RCW 43.160.010.
Savings—1999 c 164 ss 301-303, 305, 306, and 601-603: See note following RCW 82.60.020.
Section headings not law—1991 sp.s. c 32: See RCW 36.70A.902.

catchline: Countywide planning policy.


title: RCW 43.17.310

text:
The rules coordinator under RCW 34.05.310 shall be knowledgeable regarding the agency's rules that affect businesses. The rules coordinator shall provide a list of agency rules applicable at the time of the request to a specific class or line of business, which are limited to that specific class or line as opposed to generic rules applicable to most businesses, to the *business assistance center when so requested by the *business assistance center for the specific class or line of business.
[ 1992 c 197 s 5.]
Notes:
*Reviser's note: The business assistance center and its powers and duties were terminated June 30, 1995. RCW 43.31.083, 43.31.085, 43.31.087, and 43.31.089 were repealed by 1993 c 280 s 81, effective June 30, 1996.

catchline: Businesses—Rules coordinator to provide list of rules.


title: RCW 43.17.320

text:
For purposes of RCW 43.17.320 through 43.17.340, "state agency" means:
(1) Any agency for which the executive officer is listed in RCW 29B.55.020(1); and
(2) The office of the secretary of state; the office of the state treasurer; the office of the state auditor; the department of natural resources; the office of the insurance commissioner; and the office of the superintendent of public instruction.
[ 2024 c 164 s 521; 2011 c 60 s 35; 1993 c 279 s 2.]
Notes:
Intent—Construction—Rules remain valid—Effective date—2024 c 164: See notes following RCW 29B.10.010.
Effective date—2011 c 60: See note following RCW 29B.20.030.
Intent—1993 c 279: "It is the intent of the legislature to reduce the number of time-consuming and costly lawsuits between state agencies by establishing alternative dispute resolution processes available to any agency." [ 1993 c 279 s 1.]

catchline: Interagency disputes—Alternative dispute resolution—Definitions.


title: RCW 43.17.330

text:
Whenever a dispute arises between state agencies, agencies shall employ every effort to resolve the dispute themselves without resorting to litigation. These efforts shall involve alternative dispute resolution methods. If a dispute cannot be resolved by the agencies involved, any one of the disputing agencies may request the governor to assist in the resolution of the dispute. The governor shall employ whatever dispute resolution methods that the governor deems appropriate in resolving the dispute. Such methods may include, but are not limited to, the appointment by the governor of a mediator, acceptable to the disputing agencies, to assist in the resolution of the dispute. The governor may also request assistance from the attorney general to advise the mediator and the disputing agencies.
[ 1993 c 279 s 3.]
Notes:
Intent—1993 c 279: See note following RCW 43.17.320.

catchline: Interagency disputes—Alternative dispute resolution—Methods.


title: RCW 43.17.340

text:
RCW 43.17.320 and 43.17.330 shall not apply to any state agency that is a party to a lawsuit, which: (1) Impleads another state agency into the lawsuit when necessary for the administration of justice; or (2) files a notice of appeal, petitions for review, or makes other filings subject to time limits, in order to preserve legal rights and remedies.
[ 1993 c 279 s 4.]
Notes:
Intent—1993 c 279: See note following RCW 43.17.320.

catchline: Interagency disputes—Alternative dispute resolution—Exception.


title: RCW 43.17.350

text:
For the purpose of accurately describing professional health services purchased by the state, health-related state agencies may develop fee schedules based on billing codes and service descriptions published by the American medical association or the United States federal health care financing administration, or develop agency unique codes and service descriptions.
[ 1995 1st sp.s. c 6 s 20.]
Notes:
Effective date—1995 1st sp.s. c 6: See note following RCW 28A.400.410.

catchline: Health-related state agencies—Professional health services—Fee schedules.


title: RCW 43.17.360

text:
(1) The department of social and health services and other state agencies may lease real property and improvements thereon to a consortium of three or more counties in order for the counties to construct or otherwise acquire correctional facilities for juveniles or adults.
(2) A lease governed by subsection (1) of this section shall not charge more than one dollar per year for the land value and facilities value, during the initial term of the lease, but the lease may include provisions for payment of any reasonable operation and maintenance expenses incurred by the state.
The initial term of a lease governed by subsection (1) of this section shall not exceed twenty years, except as provided in subsection (4) of this section. A lease renewed under subsection (1) of this section after the initial term shall charge the fair rental value for the land and improvements other than those improvements paid for by a contracting consortium. The renewed lease may also include provisions for payment of any reasonable operation and maintenance expenses incurred by the state. For the purposes of this subsection, fair rental value shall be determined by the commissioner of public lands in consultation with the department and shall not include the value of any improvements paid for by a contracting consortium.
(3) The net proceeds generated from any lease entered or renewed under subsection (1) of this section involving land and facilities on the grounds of eastern state hospital shall be used solely for the benefit of eastern state hospital programs for the long-term care needs of patients with mental disorders. These proceeds shall not supplant or replace funding from traditional sources for the normal operations and maintenance or capital budget projects. It is the intent of this subsection to ensure that eastern state hospital receives the full benefit intended by this section, and that such effect will not be diminished by budget adjustments inconsistent with this intent.
(4) The initial term of a lease under subsection (1) of this section entered into after January 1, 1996, and involving the grounds of eastern state hospital, shall not exceed fifty years. This subsection applies retroactively, and the department shall modify any existing leases to comply with the terms of this subsection. No other terms of a lease modified by this subsection may be modified unless both parties agree.
[ 1997 c 349 s 1; 1996 c 261 s 2.]
Notes:
Severability—1997 c 349: "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." [ 1997 c 349 s 2.]
Effective date—1997 c 349: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately [May 13, 1997]." [ 1997 c 349 s 3.]

catchline: Lease of real property—Term of a lease—Use of proceeds—Retroactive application.


title: RCW 43.17.370

text:
(1) An agency, prior to releasing a final report or study regarding management by a county, city, town, special purpose district, or other unit of local government of a program delegated to the local government by the agency or for which the agency has regulatory responsibility, shall provide copies of a draft of the report or study at least two weeks in advance of the release of the final report or study to the legislative body of the local government. The agency shall, at the request of a local government legislative body, meet with the legislative body before the release of a final report or study regarding the management of such a program.
(2) For purposes of this section, "agency" means an office, department, board, commission, or other unit of state government, other than a unit of state government headed by a separately elected official.
[ 1997 c 409 s 603.]
Notes:
Part headings—Severability—1997 c 409: See notes following RCW 43.22.051.

catchline: Prerelease copy of report or study to local government.


title: RCW 43.17.380

text:
As used in RCW 43.17.385 and 43.17.390:
(1) "State agency" or "agency" means a state agency, department, office, officer, board, commission, bureau, division, institution, or institution of higher education, and all offices of executive branch state government-elected officials, except agricultural commissions under Title 15 RCW.
(2) "Quality management, accountability, and performance system" means a nationally recognized integrated, interdisciplinary system of measures, tools, and reports used to improve the performance of a work unit or organization.
[ 2005 c 384 s 2.]
Notes:
Findings—2005 c 384: "The legislature finds that:
(1) Citizens demand and deserve accountability of public programs and activities. Public programs must continuously improve accountability and performance reporting in order to increase public trust.
(2) Washington state government agencies must continuously improve their management and performance so citizens receive maximum value for their tax dollars.
(3) The application of best practices in performance management has improved results and accountability in many Washington state agencies and other jurisdictions.
(4) All Washington state agencies must develop a performance-based culture that can better demonstrate accountability and achievement." [ 2005 c 384 s 1.]

catchline: Quality management, accountability, and performance system—Definitions.


title: RCW 43.17.385

text:
(1) Each state agency shall, within available funds, develop and implement a quality management, accountability, and performance system to improve the public services it provides.
(2) Each agency shall ensure that managers and staff at all levels, including those who directly deliver services, are engaged in the system and shall provide managers and staff with the training necessary for successful implementation.
(3) Each agency shall, within available funds, ensure that its quality management, accountability, and performance system:
(a) Uses strategic business planning to establish goals, objectives, and activities consistent with the priorities of government, as provided in statute;
(b) Engages stakeholders and customers in establishing service requirements and improving service delivery systems;
(c) Includes clear, relevant, and easy to understand measures for each activity;
(d) Gathers, monitors, and analyzes activity data;
(e) Uses the data to evaluate the effectiveness of programs to manage process performance, improve efficiency, and reduce costs;
(f) Establishes performance goals and expectations for employees that reflect the organization's objectives; and provides for regular assessments of employee performance;
(g) Uses activity measures to report progress toward agency objectives to the agency director at least quarterly;
(h) Where performance is not meeting intended objectives, holds regular problem-solving sessions to develop and implement a plan for addressing gaps; and
(i) Allocates resources based on strategies to improve performance.
(4) Each agency shall conduct a yearly assessment of its quality management, accountability, and performance system.
(5) State agencies whose chief executives are appointed by the governor shall report to the governor on agency performance at least quarterly. The reports shall be included on the agencies', the governor's, and the office of financial management's websites.
(6) The governor shall report annually to citizens on the performance of state agency programs. The governor's report shall include:
(a) Progress made toward the priorities of government as a result of agency activities; and
(b) Improvements in agency quality management systems, fiscal efficiency, process efficiency, asset management, personnel management, statutory and regulatory compliance, and management of technology systems.
(7) Each state agency shall integrate efforts made under this section with other management, accountability, and performance systems, including procedures implemented under chapter 43.42A RCW, undertaken under executive order or other authority.
[ 2014 c 68 s 6; 2005 c 384 s 3.]
Notes:
Findings—2005 c 384: See note following RCW 43.17.380.

catchline: Quality management, accountability, and performance system.


title: RCW 43.17.390

text:
Starting in 2012, and at least once every three years thereafter, each agency shall apply to the Washington state quality award, or similar organization, for an independent assessment of its quality management, accountability, and performance system. The assessment shall evaluate the effectiveness of all elements of its management, accountability, and performance system, including: Leadership, strategic planning, customer focus, analysis and information, employee performance management, and process improvement. The purpose of the assessment is to recognize best practice and identify improvement opportunities.
[ 2009 c 564 s 931; 2005 c 384 s 4.]
Notes:
Effective date—2009 c 564: See note following RCW 2.68.020.
Findings—2005 c 384: See note following RCW 43.17.380.

catchline: Quality management, accountability, and performance system—Independent assessment.


title: RCW 43.17.400

text:
(1) Before any state agency may dispose of surplus state-owned real property to a private or any nongovernmental party, the agency must provide written notice to the following governmental entities at least sixty days before entering into any proposed disposition agreement:
(a) All other state agencies;
(b) Each federal agency operating within the state; and
(c) The governing authority of each county, city, town, special purpose district, and federally recognized Indian tribe in which the land is located.
(2) The state agency must dispose of the property, for continued public benefit as defined in RCW 39.33.015, to any governmental entity responding within the notification period, upon mutual agreement reached within a reasonable time period after the response is received. Priority must be given to state agencies. The disposition may be for any terms and conditions agreed upon by the proper authorities of each party, in accordance with RCW 39.33.010, except where the disposition at fair market value is required by law.
(3) The requirements of this section are in addition and supplemental to other requirements of the laws of this state.
(4) For purposes of this section, "disposition" means the sale, exchange, or other action resulting in a transfer of ownership.
(5) The requirements of this section do not apply to the department of transportation.
[ 2018 c 217 s 2; 2015 c 225 s 64; 2007 c 62 s 2.]
Notes:
Finding—Intent—2007 c 62: "The legislature recognizes that state agencies dispose of state-owned lands when these lands cannot be advantageously used by the agency or when dispositions are beneficial to the public's interest. The legislature also recognizes that dispositions of state-owned land can create opportunities for counties, cities, and towns wishing to purchase or otherwise acquire the lands, and citizens wishing to enjoy the lands for recreational or other purposes. However, the legislature finds that absent a specific requirement obligating state agencies to notify affected local governments of proposed land dispositions, occasions for governmental acquisition and public enjoyment of certain lands can be permanently lost.
Therefore, the legislature intends to enact an express and supplemental requirement obligating state agencies to notify local governments of proposed land dispositions." [ 2007 c 62 s 1.]
Severability—2007 c 62: "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." [ 2007 c 62 s 13.]

catchline: Disposition of state-owned land—Notice to governmental entities—Right of first refusal.


title: RCW 43.17.410

text:
(1) To protect vulnerable individuals and their children from identity crimes and other forms of victimization, neither the state nor any of its agencies shall release sensitive personal information of vulnerable individuals or sensitive personal information of in-home caregivers for vulnerable populations, as those terms are defined in RCW 42.56.640.
[ 2017 c 4 s 10 (Initiative Measure No. 1501, approved November 8, 2016).]
Notes:
Intent—2017 c 4 ss 8, 10, and 11 (Initiative Measure No. 1501): See note following RCW 42.56.640.
Short title—Intent—Construction—2017 c 4 (Initiative Measure No. 1501): See notes following RCW 9.35.005.

catchline: Sensitive personal information of vulnerable individuals or in-home caregivers for vulnerable populations—Release of information prohibited.


title: RCW 43.17.420

text:
The definitions in this section apply throughout this section and RCW 43.330.510, 43.10.310, 43.17.425, 10.93.160, and 43.10.315, and sections 8 and 9, chapter 440, Laws of 2019 unless the context clearly requires otherwise.
(1) "Civil immigration warrant" means any warrant for a violation of federal civil immigration law issued by a federal immigration authority. A "civil immigration warrant" includes, but is not limited to, administrative warrants issued on forms I-200 or I-203, or their successors, and civil immigration warrants entered in the national crime information center database.
(2) "Court order" means a directive issued by a judge or magistrate under the authority of Article III of the United States Constitution or Article IV of the Washington Constitution. A "court order" includes but is not limited to warrants and subpoenas.
(3) "Federal immigration authority" means any officer, employee, or person otherwise paid by or acting as an agent of the United States department of homeland security including but not limited to its subagencies, immigration and customs enforcement and customs and border protection, and any present or future divisions thereof, charged with immigration enforcement.
(4) "Health facility" has the same meaning as the term "health care facility" provided in RCW 70.175.020, and includes substance abuse treatment facilities.
(5) "Hold request" or "immigration detainer request" means a request from a federal immigration authority, without a court order, that a state or local law enforcement agency maintain custody of an individual currently in its custody beyond the time he or she would otherwise be eligible for release in order to facilitate transfer to a federal immigration authority. A "hold request" or "immigration detainer request" includes, but is not limited to, department of homeland security form I-247A or prior or subsequent versions of form I-247.
(6) "Immigration detention agreement" means any contract, agreement, intergovernmental service agreement, or memorandum of understanding that permits a state or local law enforcement agency to house or detain individuals for federal civil immigration violations.
(7) "Immigration or citizenship status" means as such status has been established to such individual under the immigration and nationality act.
(8) "Language services" includes but is not limited to translation, interpretation, training, or classes. Translation means written communication from one language to another while preserving the intent and essential meaning of the original text. Interpretation means transfer of an oral communication from one language to another.
(9) "Local government" means any governmental entity other than the state, federal agencies, or an operating system established under chapter 43.52 RCW. It includes, but is not limited to, cities, counties, school districts, and special purpose districts.
(10) "Local law enforcement agency" means any agency of a city, county, special district, or other political subdivision of the state that is a general authority Washington law enforcement agency, as defined by RCW 10.93.020, or that is authorized to operate jails or to maintain custody of individuals in jails; or to operate juvenile detention facilities or to maintain custody of individuals in juvenile detention facilities; or to monitor compliance with probation or parole conditions.
(11) "Notification request" means a request from a federal immigration authority that a state or local law enforcement agency inform a federal immigration authority of the release date and time in advance of the release of an individual in its custody. "Notification request" includes, but is not limited to, the department of homeland security's form I-247A, form I-247N, or prior or subsequent versions of such forms.
(12) "Physical custody of the department of corrections" means only those individuals detained in a state correctional facility but does not include minors detained pursuant to chapter 13.40 RCW, or individuals in community custody as defined in RCW 9.94A.030.
(13) "Public schools" means all public elementary and secondary schools under the jurisdiction of local governing boards or a charter school board and all institutions of higher education as defined in RCW 28B.10.016.
(14) "School resource officer" means a commissioned law enforcement officer in the state of Washington with sworn authority to uphold the law and assigned by the employing police department or sheriff's office to work in schools to ensure school safety. By building relationships with students, school resource officers work alongside school administrators and staff to help students make good choices. School resource officers are encouraged to focus on keeping students out of the criminal justice system when possible and not impose criminal sanctions in matters that are more appropriately handled within the educational system.
(15) "State agency" has the same meaning as provided in RCW 42.56.010.
(16) "State law enforcement agency" means any agency of the state of Washington that:
(a) Is a general authority Washington law enforcement agency as defined by RCW 10.93.020;
(b) Is authorized to operate prisons or to maintain custody of individuals in prisons; or
(c) Is authorized to operate juvenile detention facilities or to maintain custody of individuals in juvenile detention facilities.
[ 2019 c 440 s 2.]
Notes:
Findings—Construction—Conflict with federal requirements—Effective date—2019 c 440: See notes following RCW 43.17.425.

catchline: Immigration and citizenship status—Definitions.


title: RCW 43.17.425

text:
(1) Except as provided in subsection (3) of this section, no state agency, including law enforcement, may use agency funds, facilities, property, equipment, or personnel to investigate, enforce, cooperate with, or assist in the investigation or enforcement of any federal registration or surveillance programs or any other laws, rules, or policies that target Washington residents solely on the basis of race, religion, immigration, or citizenship status, or national or ethnic origin. This subsection does not apply to any program with the primary purpose of providing persons with services or benefits, or to RCW 9.94A.685.
(2) Except as provided in subsection (3) of this section, the state agencies listed in subsections (5) and (6) of this section shall review their policies and identify and make any changes necessary to ensure that:
(a) Information collected from individuals is limited to the minimum necessary to comply with subsection (3) of this section;
(b) Information collected from individuals is not disclosed except as necessary to comply with subsection (3) of this section or as permitted by state or federal law;
(c) Agency employees may not condition services or request information or proof regarding a person's immigration status, citizenship status, or place of birth; and
(d) Public services are available to, and agency employees shall serve, all Washington residents without regard to immigration or citizenship status.
(3) Nothing in subsection (1) or (2) of this section prohibits the collection, use, or disclosure of information that is:
(a) Required to comply with state or federal law;
(b) In response to a lawfully issued court order;
(c) Necessary to perform agency duties, functions, or other business, as permitted by statute or rule, conducted by the agency that is not related to immigration enforcement;
(d) Required to comply with policies, grants, waivers, or other requirements necessary to maintain funding; or
(e) In the form of deidentified or aggregated data, including census data.
(4) Any changes to agency policies required by this section must be made as expeditiously as possible, consistent with agency procedures. Final policies must be published.
(5) The following state agencies shall begin implementation of this section within twelve months after May 21, 2019, and demonstrate full compliance by December 1, 2021:
(a) Department of licensing;
(b) Department of labor and industries;
(c) Employment security department;
(d) Department of revenue;
(e) Department of health;
(f) Health care authority;
(g) Department of social and health services;
(h) Department of children, youth, and families;
(i) Office of the superintendent of public instruction;
(j) State patrol.
(6) The following state agencies may begin implementation of this section by December 1, 2021, and must demonstrate full compliance by December 1, 2023:
(a) Department of agriculture;
(b) Department of financial institutions;
(c) Department of fish and wildlife;
(d) Department of natural resources;
(e) Department of retirement systems;
(f) Department of services for the blind;
(g) Department of transportation.
[ 2019 c 440 s 5.]
Notes:
Findings—2019 c 440: "(1) The legislature finds that Washington state has a thriving economy that spans both east and west, and encompasses agriculture, food processing, timber, construction, health care, technology, and the hospitality industries.
(2) The legislature also finds that Washington employers rely on a diverse workforce to ensure the economic vitality of the state. Nearly one million Washingtonians are immigrants, which is one out of every seven people in the state. Immigrants make up over sixteen percent of the workforce. In addition, fifteen percent of all business owners in the state were born outside the country, and these business owners have a large impact on the economy through innovation and the creation of jobs. Immigrants make a significant contribution to the economic vitality of this state, and it is essential that the state have policies that recognize their importance to Washington's economy.
(3) In recognition of this significant contribution to the overall prosperity and strength of Washington state, the legislature, therefore, has a substantial and compelling interest in ensuring the state of Washington remains a place where the rights and dignity of all residents are maintained and protected in order to keep Washington working." [ 2019 c 440 s 1.]
Construction—2019 c 440: "No section of this act is intended to limit or prohibit any state or local agency or officer from:
(1) Sending to, or receiving from, federal immigration authorities the citizenship or immigration status of a person, or maintaining such information, or exchanging the citizenship or immigration status of an individual with any other federal, state, or local government agency, in accordance with 8 U.S.C. Sec. 1373; or
(2) Complying with any other state or federal law." [ 2019 c 440 s 8.]
Conflict with federal requirements—2019 c 440: "If any part of this act is found to be in conflict with federal requirements that are a prescribed condition to the allocation of federal funds to the state, the conflicting part of this act is inoperative solely to the extent of the conflict and with respect to the agencies directly affected, and this finding does not affect the operation of the remainder of this act in its application to the agencies concerned. Rules adopted under this act must meet federal requirements that are a necessary condition to the receipt of federal funds by the state." [ 2019 c 440 s 9.]
Effective date—2019 c 440: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately [May 21, 2019]." [ 2019 c 440 s 12.]

catchline: Immigration and citizenship status—State agency restrictions.


title: RCW 43.17.430

text:
(1) When pennies are not available, and except as provided in subsection (2) of this section, an agency may adjust the total price of a cash transaction by rounding the total in the same manner as provided in RCW 1.100.010 if any tax, fee, or similar charge included in or applicable to the transaction is remitted to the state on the prerounded amount.
(2) The total price of any transaction, without any rounding adjustment, may be paid by the customer at the customer's option if the customer has the exact legal tender to pay the total price.
(3) For the purpose of this section, "agency" has the same meaning as in RCW 42.56.010.
[ 2026 c 138 s 3.]
Notes:
Automatic expiration date and tax preference performance statement exemption—2026 c 131: See note following RCW 1.100.010.

catchline: Adjustment of cash transaction total price.


title: RCW 43.176.010

text:
It is hereby declared to be the policy of the state of Washington to assist in the creation and expansion of innovative small commercial enterprises that produce marketable goods and services through the employment of Washington residents, the use of technology, and the application of best management practices. This policy is to be implemented through the use of small business incubators.
[ 2004 c 237 s 1.]

catchline: Policy.


title: RCW 43.176.020

text:
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
(1) "Business incubator" means a facility that offers:
(a) Space for start-up and expanding firms;
(b) The shared use of equipment and work areas;
(c) Daily management support services essential to high quality commercial operations; and
(d) Technical assistance.
(2) "Qualified small business incubator" means an incubator that is:
(a)(i) Designated as a nonprofit organization under section 501(c)(3) of the internal revenue code, or (ii) consists of a partnership between a designated nonprofit organization under section 501(c)(3) of the internal revenue code and a government or quasi-government agency;
(b) Focused on developing small businesses in an economically distressed or disadvantaged area; and
(c) Structured around a sound business plan.
[ 2004 c 237 s 2.]

catchline: Definitions.


title: RCW 43.176.030

text:
(1) The small business incubator program is created in the department of commerce to provide start-up and operating assistance to qualified small business incubators.
(2) The department shall award grants to qualified small business incubator organizations for:
(a) Construction and equipment costs, up to a maximum of three million dollars per recipient; and
(b) Provision of technical assistance to small businesses, up to a maximum of one hundred twenty-five thousand dollars per year per recipient.
(3) The department shall:
(a) Require a grant recipient to show that it has the resources to complete the project in a timely manner and the state grant is not the sole source of funds;
(b) Develop, in conjunction with the Washington association of small business incubators, criteria for receipt of grant funds, including criteria related to organizational capacity, community need, and the availability of other economic development resources;
(c) Accept and receive grants, gifts, and pledges of funds for the support of the small business incubator program, which shall be deposited in the small business incubator account established in *RCW 43.176.040; and
(d) Integrate the promotion of small business incubators as economic development tools in its strategic plan.
[ 2023 c 470 s 2066; 2004 c 237 s 3.]
Notes:
*Reviser's note: RCW 43.176.040 was repealed by 2012 c 198 s 26.
Explanatory statement—2023 c 470: See note following RCW 10.99.030.

catchline: Small business incubator program—Grants.


title: RCW 43.176.900

text:
This act may be known as the Washington small business incubator and entrepreneurship assistance act of 2004.
[ 2004 c 237 s 5.]

catchline: Short title—2004 c 237.


title: RCW 43.176.901

text:
The department of commerce shall have no duty to provide services related to the small business incubator and entrepreneurship assistance act of 2004 unless and until the small business incubator program and related administrative expenses are funded by the legislature.
[ 2023 c 470 s 2067; 2004 c 237 s 6.]
Notes:
Explanatory statement—2023 c 470: See note following RCW 10.99.030.

catchline: Services dependent on legislative funding.


title: RCW 43.180.010

text:
It is declared to be the public policy of the state and a recognized governmental function to assist in making affordable and decent housing available throughout the state and by so doing to contribute to the general welfare. Decent housing for the people of our state is a most important public concern. Interest rates and construction costs have made it impossible for many Washington citizens to purchase their own homes. Older people, disabled persons, and low and moderate-income families often cannot afford to rent decent housing. There exists throughout the state a serious shortage of safe, sanitary and energy efficient housing available at prices within the financial means of our citizens. General economic development within the state is also impeded by a lack of affordable housing. The state's economy, which is dependent on the timber, wood products, and construction industries, has been damaged by inadequate investment in housing construction and rehabilitation. The result has been high unemployment and economic hardship affecting the prosperity of all the people of the state, particularly those in the wood products industry.
It is the purpose of this chapter to establish a state housing finance commission to act as a financial conduit which, without using public funds or lending the credit of the state or local government, can issue nonrecourse revenue bonds and participate in federal, state, and local housing programs and thereby make additional funds available at affordable rates to help provide housing throughout the state. It is also a primary purpose of this chapter to encourage the use of Washington state forest products in residential construction. This chapter is enacted to accomplish these and related purposes and shall be liberally construed to carry out its purposes and objectives.
[ 1983 c 161 s 1.]

catchline: Declaration of public policies—Purpose.


title: RCW 43.180.020

text:
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
(1) "Bonds" means the bonds, notes, or other evidences of indebtedness of the commission, the interest paid on which may or may not qualify for tax exemption.
(2) "Certifying authority" means: (a) For improvements involving solar electric systems, the Washington climate and rural energy development center at Washington State University, established under RCW 28B.30.642; or (b) for all other energy efficiency and renewable energy improvements, any utility company or other institution qualified to assess and certify the feasibility and benefit of energy efficiency and renewable energy improvements in a manner that is efficient and minimizes the amount of time or cost.
(3) "Code" means the federal internal revenue code of 1954, as now or hereafter amended, and the regulations and rulings promulgated thereunder.
(4) "Commission" means the Washington state housing finance commission or any board, body, commission, department, or officer succeeding to the principal functions thereof or to whom the powers conferred upon the commission shall be given by law.
(5) "Costs of housing" means all costs related to the development, design, acquisition, construction, reconstruction, leasing, rehabilitation, and other improvements of housing, as determined by the commission.
(6) "Eligible applicant" means, with respect to the sustainable energy trust program, an owner of a residential, agricultural, commercial, state, or municipal property.
(7) "Eligible person" means a person or family eligible in accordance with standards promulgated by the commission. Such persons shall include those persons whose income is insufficient to obtain at a reasonable cost, without financial assistance, decent, safe, and sanitary housing in the area in which the person or family resides, and may include such other persons whom the commission determines to be eligible.
(8) "Energy efficiency improvement" means an installation or modification that is designed to reduce energy consumption in residential, agricultural, commercial, state, or municipal properties. The term includes, but is not limited to: Insulation; storm windows and doors; automatic energy control systems; heating, ventilating, or air conditioning and distribution system modifications or replacements in buildings or central plants; caulking and weather stripping; energy recovery systems; geothermal heat pumps; and day lighting systems.
(9) "Housing" means specific new, existing, or improved residential dwellings within this state or dwellings to be constructed within this state. The term includes land, buildings, and manufactured dwellings, and improvements, furnishings, and equipment, and such other nonhousing facilities, furnishings, equipment, and costs as may be incidental or appurtenant thereto if in the judgment of the commission the facilities, furnishings, equipment and costs are an integral part of the project. Housing may consist of single-family or multifamily dwellings in one or more structures located on contiguous or noncontiguous parcels or any combination thereof. Improvements may include such equipment and materials as are appropriate to accomplish energy efficiency within a dwelling. The term also includes a dwelling constructed by a person who occupies and owns the dwelling, and nursing homes licensed under chapter 18.51 RCW.
(10) "Mortgage" means a mortgage, mortgage deed, deed of trust, security agreement, or other instrument securing a mortgage loan and constituting a lien on or security interest in housing. The property may be held in fee simple or on a leasehold under a lease having a remaining term, at the time the mortgage is acquired, of not less than the term of repayment of the mortgage loan secured by the mortgage. The property may also be housing which is evidenced by an interest in a cooperative association or corporation if ownership of the interest entitles the owner of the interest to occupancy of a dwelling owned by the association or corporation.
(11) "Mortgage lender" means any of the following entities which customarily provide service or otherwise aid in the financing of housing and which are approved as a mortgage lender by the commission: A bank, trust company, savings bank, national banking association, savings and loan association, building and loan association, mortgage banker, mortgage company, credit union, life insurance company, or any other financial institution, governmental agency, municipal corporation, or any holding company for any of the entities specified in this subsection.
(12) "Mortgage loan" means an interest-bearing loan or a participation therein, made to a borrower, for the purpose of financing the costs of housing, evidenced by a promissory note, and which may or may not be secured (a) under a mortgage agreement, (b) under any other security agreement, regardless of whether the collateral is personal or real property, or (c) by insurance or a loan guarantee of a third party. However, an unsecured loan shall not be considered a mortgage loan under this definition unless the amount of the loan is under two thousand five hundred dollars.
(13) "Qualified improvement" means an energy efficiency improvement which has been approved by a certifying authority or a net metering system as defined under RCW 80.60.010.
[ 2009 c 65 s 2; 1990 c 167 s 1; 1983 c 161 s 2.]
Notes:
Intent—Finding—2009 c 65: "The legislature intends to promote the development of renewable energy technologies and the application of energy efficiency measures by authorizing the issuance of revenue bonds to finance renewable energy and energy efficiency improvement costs. The legislature finds that by providing access to low-cost capital to finance renewable energy and energy efficiency projects, a key barrier is eliminated." [ 2009 c 65 s 1.]


title: RCW 43.180.030

text:
Bonds issued under this chapter shall be issued in the name of the commission. The bonds shall not be obligations of the state of Washington and shall be obligations only of the commission payable from the special fund or funds created by the commission for their payment. Such funds shall not be or constitute public moneys or funds of the state of Washington but at all times shall be kept segregated and set apart from other funds.
Bonds issued under this chapter shall contain a recital on their face to the effect that payment of the principal of, interest on, and prepayment premium, if any, on the bonds, shall be a valid claim only as against the special fund or funds relating thereto, that neither the faith and credit nor the taxing power of the state or any municipal corporation, subdivision, or agency of the state, other than the commission as set forth in this chapter, is pledged to the payment of the principal of, interest on, and prepayment premium, if any, on the bonds.
Contracts entered into by the commission shall be entered into in the name of the commission and not in the name of the state of Washington. The obligations of the commission under the contracts shall be obligations only of the commission and are not in any way obligations of the state of Washington.
[ 1983 c 161 s 3.]

catchline: Bonds not debt of state.