title: RCW 39.114.010

text:
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
(1) "Assessed value of real property" means the valuation of taxable real property as placed on the last completed assessment roll prepared pursuant to Title 84 RCW.
(2) "Consumer price index" means the consumer price index for all urban consumers in the west region as most recently published by the United States bureau of labor statistics.
(3) "Increment area" means the geographic area within which regular property tax revenues are to be apportioned to pay public improvement costs, as authorized under this chapter.
(4) "Increment value" means 100 percent of any increase in the true and fair value of real property in an increment area that is placed on the tax rolls after the increment area takes effect. The increment value shall not be less than zero.
(5) "Local government" means any city, town, county, port district, or any combination thereof.
(6) "Ordinance" means any appropriate method of taking legislative action by a local government, including a resolution adopted by a port district organized under Title 53 RCW.
(7) "Public improvement costs" means the costs of:
(a) Design, planning, acquisition, required permitting, required environmental studies and mitigation, seismic studies or surveys, archaeological studies or surveys, land surveying, site acquisition, including appurtenant rights and site preparation, construction, reconstruction, rehabilitation, improvement, expansion, and installation of public improvements, and other directly related costs;
(b) Relocating, maintaining, and operating property pending construction of public improvements;
(c) Relocating utilities as a result of public improvements;
(d) Financing public improvements, including capitalized interest for up to six months following completion of construction, legal and other professional services, taxes, insurance, principal and interest costs on general indebtedness issued to finance public improvements, and any necessary debt service reserves;
(e) Expenses incurred in revaluing real property for the purpose of determining the tax allocation base value by a county assessor under chapter 84.41 RCW and expenses incurred by a county treasurer under chapter 84.56 RCW in apportioning the taxes and complying with this chapter and other applicable law. For purposes of this subsection (7)(e), "expenses incurred" means actual staff and software costs directly related to the implementation and ongoing administration of increment areas under this chapter;
(f) Administrative expenses and feasibility studies reasonably necessary, including related costs that may have been incurred before adoption of the ordinance authorizing the public improvements and the use of tax increment financing to fund the costs of the public improvements; and
(g) Funding for interlocal agreements, revenue sharing agreements, and mitigation to impacted taxing districts as allowed in RCW 39.114.020.
(8) "Public improvements" means:
(a) Infrastructure improvements owned by a state or local government within or outside of and serving the increment area and real property owned or acquired by a local government within the increment area including:
(i) Street and road construction;
(ii) Water and sewer system construction, expansion, and improvements;
(iii) Sidewalks and other nonmotorized transportation improvements and streetlights;
(iv) Parking, terminal, and dock facilities;
(v) Park and ride facilities or other transit facilities;
(vi) Park and community facilities and recreational areas;
(vii) Stormwater and drainage management systems;
(viii) Electric, broadband, or rail service;
(ix) Mitigation of brownfields;
(x) Fire, life, and public safety facilities and equipment; and
(b) Expenditures for any of the following purposes:
(i) Purchasing, rehabilitating, retrofitting for energy efficiency, and constructing housing for the purpose of creating or preserving long-term affordable housing;
(ii) Purchasing, rehabilitating, retrofitting for energy efficiency, and constructing child care facilities serving children and youth that are low-income, homeless, or in foster care;
(iii) Providing maintenance and security for the public improvements;
(iv) Historic preservation activities authorized under RCW 35.21.395; or
(v) Relocation, renovation, or construction of a government-owned facility.
(9) "Real property" means:
(a) Real property as defined in RCW 84.04.090; and
(b) Privately owned or used improvements located on publicly owned land that are subject to property taxation or leasehold excise tax.
(10) "Regular property taxes" means regular property taxes as defined in RCW 84.04.140, except: (a) Regular property taxes levied by port districts or public utility districts to the extent necessary for the payments of principal and interest on general obligation debt; and (b) regular property taxes levied by the state for the support of the common schools under RCW 84.52.065. Regular property taxes do not include excess property tax levies that are exempt from the aggregate limits for junior and senior taxing districts as provided in RCW 84.52.043. "Regular property taxes" does not include excess property taxes levied by local school districts or emergency medical care and service taxes levied under RCW 84.52.069.
(11) "Tax allocation base value" means the assessed value of real property located within an increment area for taxes imposed in the year in which the increment area takes effect.
(12) "Tax allocation revenues" means those revenues derived from the imposition of regular property taxes on the increment value.
(13) "Taxing district" means a governmental entity that levies or has levied for it regular property taxes upon real property located within a proposed or approved increment area.
[ 2026 c 141 s 1; 2024 c 236 s 1; 2023 c 354 s 1; 2021 c 207 s 1.]
Notes:
Modification—Impact—2026 c 141: "The provisions of this act do not modify or otherwise impact increment areas in place prior to June 2, 2026." [ 2026 c 141 s 8.]
Effective date—2026 c 141: "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 June 2, 2026." [ 2026 c 141 s 9.]
Effective date—2023 c 354: "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 9, 2023]." [ 2023 c 354 s 7.]


doc_type: statute

jurisdiction: wa

title: RCW 39.114.020

text:
(1) A local government may designate an increment area under this chapter and use the tax allocation revenues to pay public improvement costs, subject to the following conditions:
(a) The local government must adopt an ordinance designating an increment area within its boundaries and describing the public improvements proposed to be paid for, or financed with, tax allocation revenues;
(b) The local government may not designate increment area boundaries such that the entirety of its territory falls within an increment area;
(c)(i) Except as provided in (c)(ii) of this subsection, the increment area may not have an assessed valuation of more than $200,000,000 as adjusted annually by the consumer price index, beginning on June 1, 2027, or more than 20 percent of the sponsoring jurisdiction's total assessed valuation, whichever is less, when the ordinance is passed. If a sponsoring jurisdiction creates two increment areas, the total combined assessed valuation in both of the two increment areas may not equal more than $200,000,000 as adjusted annually by the consumer price index, beginning on June 1, 2027, or more than 20 percent of the sponsoring jurisdiction's total assessed valuation, whichever is less, when the ordinances are passed creating the increment areas.
(ii) During the 2026 fiscal year, a sponsoring jurisdiction may enact a tax increment area or areas with a combined assessed valuation greater than $200,000,000 but no more than $500,000,000 if:
(A) The sponsoring jurisdiction is a city with a population over 150,000 but less than 170,000 and is located in a county with a population of over 1,500,000;
(B) The tax increment area is connected to Interstate 405 and the transportation-related public improvements that will be funded enhance the integration and connection of neighborhoods within and adjacent to the increment area;
(C) The sponsoring jurisdiction enacted an ordinance designating the increment area no later than June 30, 2026; and
(D) A governing body of any taxing district within the increment area approves by a majority vote, and according to the governing body's ordinance and publication procedures, the taxing district's partial or full participation in the tax increment project. If the governing body does not approve its participation, the taxing district's property taxes are not subject to apportionment under this chapter and the taxing district is excluded from the provisions of this section;
(d) Except as otherwise provided in (c)(ii) of this subsection, a local government can create no more than two active increment areas at any given time. Active increment areas may not physically overlap by including the same land in more than one increment area created by any local government at any time;
(e) The ordinance must set a sunset date for the increment area, which must be the earlier of no more than 25 years after the first year in which tax allocation revenues are collected from the increment area or the date on which the obligations issued in reliance on the tax allocation revenues to finance the public improvements are no longer outstanding;
(f) The ordinance must identify the public improvements to be financed and indicate whether the local government intends to issue bonds or other obligations, payable in whole or in part, from tax allocation revenues to finance the public improvement costs, and must estimate the maximum amount of obligations contemplated;
(g) The ordinance must provide that the increment area takes effect on June 1st following the adoption of the ordinance in (a) of this subsection;
(h) The sponsoring jurisdiction may not add additional public improvements to the project after adoption of the ordinance creating the increment area or change the boundaries of the increment area. The sponsoring jurisdiction may expand, alter, or add to the original public improvements when doing so is necessary to assure the originally approved improvements can be constructed or operated;
(i) The ordinance must impose a deadline by which commencement of construction of the public improvements shall begin, which deadline must be no more than five years into the future and for which extensions not to exceed two years shall be made available for good cause;
(j) The local government must make a finding that:
(i) The public improvements proposed to be paid or financed with tax allocation revenues are necessary to encourage private development within the increment area and to increase the assessed value of real property within the increment area;
(ii) Private development that is anticipated to occur within the increment area as a result of the proposed public improvements will be permitted consistent with the permitting jurisdiction's applicable zoning and development standards;
(iii) The private development would not reasonably be expected to occur solely through private investment within the reasonably foreseeable future without the proposed public improvements; and
(iv) The increased assessed value within the increment area that could reasonably be expected to occur without the proposed public improvements would be less than the increase in the assessed value estimated to result from the proposed development with the proposed public improvements; and
(k) The ordinance may not include areas within an increment area that already have the necessary public improvements that are required for the private development expected to be made possible by the adoption of the increment area and may not include areas within an increment area where a private building or structure is under construction, has an active application for construction, has a valid permit for construction, or is undergoing a project-level environmental review process under chapter 43.21C RCW, unless the sponsoring jurisdiction can demonstrate that the public improvements developed in the increment area are necessary for the private development of projects that are seeking permit applications or under construction at the time the increment area is approved.
(2) In considering whether to designate an increment area, the legislative body of the local government must prepare a project analysis that shall include, but need not be limited to, the following:
(a) A statement of objectives of the local government for the designated increment area;
(b) A statement as to the property within the increment area, if any, that the local government may intend to acquire;
(c) The duration of the increment area;
(d) Identification of all parcels to be included in the area;
(e) A description of the expected private development within the increment area, including a comparison of scenarios with the proposed public improvements and without the proposed public improvements;
(f) A list of the public improvements, including individual improvements in priority order with each improvement's nexus to encouraging private development, estimated completion date, estimated public improvement costs, proposed funding sources, and the estimated amount of bonds or other obligations expected to be issued to finance the public improvement costs and repaid with tax allocation revenues that can reasonably be expected to be completed within the first seven years of the project. The list should reflect the capital plans of the sponsoring jurisdiction and the reliance of those plans on investments by partners. When capital plans change, the sponsoring jurisdiction may reprioritize the list of public improvements. When the list is not reflected in the capital plans of the sponsoring jurisdiction, those public improvements shall be allowable only if the governing body makes a finding that the public improvements serve the goals and objectives of the capital plans;
(g) The assessed value of real property listed on the tax roll as certified by the county assessor under RCW 84.52.080 from within the increment area and an estimate of the increment value and tax allocation revenues expected to be generated;
(h) An estimate of the job creation reasonably expected to result from the public improvements and the private development expected to occur in the increment area;
(i) An assessment of any impacts on the following:
(i) Affordable and low-income housing;
(ii) The local business community;
(iii) The local school districts; and
(iv) The taxing districts; and
(j) The assessment of impacts under (i) of this subsection (2) must be done in consultation with any impacted taxing district consistent with RCW 39.114.040 and include:
(i) An estimate of the revenue impacts to each taxing district in the area, including tax allocation revenues, levy rate adjustments, and other revenues including, but not limited to, impact fees, fire benefit charges, sales tax, and utility tax, over the term of the increment area; and
(ii) Any necessary mitigation to the taxing districts.
(3) The local government may charge a private developer, who agrees to participate in creating the increment area, a fee sufficient to cover the cost of the project analysis and establishing the increment area, including staff time, professionals and consultants, and other administrative costs related to establishing the increment area.
(4) Nothing in this section prohibits a local government from entering into an agreement under chapter 39.34 RCW with another local government for the administration or other activities related to tax increment financing authorized under this section.
(5)(a) If the project analysis indicates that an increment area will impact at least 20 percent of the assessed value in a public hospital district, fire protection district, or regional fire protection service authority, or if the public hospital district's or the fire service agency's annual report, or other governing board-adopted capital facilities plan, demonstrates an increase in the level of service directly related to the increased development in the increment area, the local government must enter into negotiations for a mitigation plan with the impacted public hospital district, fire protection district, or regional fire protection service authority to address level of service issues in the increment area.
(b) If the parties cannot agree pursuant to (a) of this subsection (5), the parties must proceed to arbitration to determine the appropriate mitigation plan. The board of arbitrators must consist of three persons: One appointed by the local government seeking to designate the increment area and one appointed by the junior taxing district, both of whom must be appointed within 60 days of the date when arbitration is requested, and a third arbitrator who must be appointed by agreement of the other two arbitrators within 90 days of the date when arbitration is requested. If the two are unable to agree on the appointment of the third arbitrator within this 90-day period, then the third arbitrator must be appointed by a judge in the superior court of the county within which the largest portion of the increment area is located. The determination by the board of arbitrators is binding on both the local government seeking to impose the increment area and the junior taxing district.
(6)(a) For increment areas that take effect after June 1, 2026, the local government designating the increment area and any impacted taxing district must begin negotiations to develop an agreement if such impacted taxing district, within 30 days of receiving the project analysis as required in subsection (8) of this section, indicates to the local government designating the increment area any of the following conditions:
(i) The increment area will create an increase in residential development of at least 50 units or impact at least 10 percent of the assessed value in the impacted taxing district;
(ii) The impacted taxing district can demonstrate or has forecasted an increase in the service demands directly related to the increased development in the increment area;
(iii) The project analysis forecasts a loss of property tax revenue over the term of the increment area; or
(iv) A taxing district is subject to more than one tax increment area and the proposed increment area will result in more than 20 percent of the taxing district's assessed value being subject to tax increment areas.
(b) If voters in the impacted taxing district elect to authorize an increase in regular property tax levies under RCW 84.55.050, the impacted taxing district and the local government designating an increment area must review the agreement and address impacts related to the levy lid lift. Either party may initiate a review of any agreement no more frequently than every five years. Subsequent revisions of an agreement are not subject to arbitration.
(c) If the parties cannot agree to a final agreement pursuant to (a) of this subsection (6), the parties must proceed to mediation within 30 days of the end of the notice and consultation period in RCW 39.114.040 to further attempt to reach an agreement.
(d) If, after 30 days, the parties cannot agree in mediation, the parties must proceed to arbitration within 90 days of the end of the notice and consultation period in RCW 39.114.040 to determine the appropriate mitigation plan. The board of arbitrators must consist of three persons: One appointed by the local government seeking to designate the increment area and one appointed by the impacted taxing district, both of whom must be appointed within 30 days of the date when arbitration is requested, and a third arbitrator who must be appointed by agreement of the other two arbitrators within 30 days of the date when arbitration is requested. If the two are unable to agree on the appointment of the third arbitrator within this 60-day period, then the third arbitrator must be appointed by a judge in the superior court of the county within which the largest portion of the increment area is located. The determination by the board of arbitrators is binding on both the local government seeking to impose the increment area and the impacted taxing district. In making a determination, the board of arbitrators must consider:
(i) Whether new service demands will be created directly by the new development in the increment area that are not funded by the corresponding revenue generated by the new development;
(ii) Whether the impacted taxing district will experience a loss of property tax revenue beyond the base level and has taken steps to address impacts to property tax revenues as allowed under RCW 84.55.010;
(iii) How the increment area may impact taxpayers outside of the increment area;
(iv) Other revenues generated for the impacted taxing district in the increment area; and
(v) The overall 25-year impact of the increment area on the impacted taxing district, including the broader economic impacts of the development.
(e) Mitigation may include reductions or suspensions in the percentage or term of tax allocation revenues transferred to the local government designating the increment area, the use of tax allocation revenues to fund public improvements to serve the projected development in the increment area, and other provisions designed to mitigate the impacts on taxing districts. Mitigation may not include allowing a taxing district to opt out or be removed from participation in the tax allocation and increment area. Any decision must be consistent with the uniformity requirement of Article VII, section 1 of the state Constitution.
(7) The local government must reimburse the assessor and treasurer for their costs as provided in RCW 39.114.010(7)(e).
(8) Prior to the adoption of an ordinance authorizing creation of an increment area, the local government must:
(a) Hold at least two public hearings for the community solely on the tax increment project that include the description of the increment area, the public improvements proposed to be financed with the tax allocation revenues, and a detailed estimate of tax revenues for the participating local governments and taxing districts, including the amounts allocated to the public improvements. The hearings must be announced at least two weeks prior to the date being held, including publishing in a legal newspaper of general circulation and posting information on the local government website and all local government social media sites, and must occur no earlier than 90 days after submitting the project analysis to the office of the state treasurer and all local governments and taxing districts impacted by the increment area;
(b) Submit the project analysis to all local governments and taxing districts impacted by the increment [area] at the same time as submitting the analysis to the office of the treasurer; and
(c) Submit the project analysis to the office of the treasurer for review and consider any comments that the treasurer may provide upon completion of their review of the project analysis as provided under this subsection. The treasurer must complete the review within 90 days of receipt of the project analysis, may receive comments from taxing districts, and may consult with other agencies and outside experts as necessary. Upon completing their review, the treasurer must promptly provide to the local government, and any taxing district that submitted comments, any comments regarding suggested revisions or enhancements to the project analysis that the treasurer deems appropriate based on the requirements in subsection (2) of this section.
[ 2026 c 141 s 2; 2025 c 417 s 1310; 2024 c 236 s 2; 2023 c 354 s 2; 2021 c 207 s 2.]
Notes:
Modification—Impact—Effective date—2026 c 141: See notes following RCW 39.114.010.
Findings—Intent—2025 c 417: See note following RCW 82.38.030.
Effective date—2023 c 354: See note following RCW 39.114.010.

license: public-domain-government-work

rule_set: Revised Code of Washington

catchline: Designation of increment areas by local governments—Project analysis—Fees may be charged to private developers—Mitigation plan with fire protection districts or regional fire protection service authorities—Increment areas taking effect after June 1, 2026—Reimbursement of costs—Ordinance adoption requirements.

code: rcw

unit: section

court: Washington State Legislature


title: RCW 39.114.030

text:
(1) Public improvements that are financed under this chapter may be undertaken and coordinated with other programs or efforts undertaken by the local government and other taxing districts and may be funded in part from revenue sources other than tax allocation revenues.
(2) Public improvements that are constructed by a private developer must meet all applicable state and local laws.
(3) A private developer may construct public improvements and receive payment from tax allocation revenues received by the local government as part of a reimbursement agreement between the parties. Any reimbursement paid to the developer may be secured by tax allocation revenues received by the local government.
[ 2026 c 141 s 3; 2021 c 207 s 3.]
Notes:
Modification—Impact—Effective date—2026 c 141: See notes following RCW 39.114.010.

catchline: Public improvements.


title: RCW 39.114.040

text:
The local government designating the increment area must:
(1) Provide written notice to the governing body of each taxing district within which the increment area is located a minimum of 180 days before submitting the project analysis to the office of the state treasurer as required in RCW 39.114.020(8)(c) and offer to consult with the affected taxing district within 30 days for the purpose of discussing the proposed increment area and the development of the project analysis, including revenue and mitigation impacts;
(2) Publish notice in a legal newspaper of general circulation within the jurisdiction of the local government at least two weeks before the date on which the ordinance authorizing creation of an increment area is adopted that describes the public improvements, describes the boundaries of the increment area, and identifies the location and times where the ordinance and other public information concerning the public improvement may be inspected;
(3) Deliver a certified copy of the adopted ordinance to the county treasurer, the county assessor, and the governing body of each taxing district within which the increment area is located at the respective addresses specified pursuant to RCW 42.56.040 within 10 days of the date on which the ordinance was adopted; and
(4)(a) Prepare and make available to the residents of all impacted taxing jurisdictions an annual report on the status of the increment area, including:
(i) Progress on construction of public improvements funded by the increment value;
(ii) The economic benefits created in the increment area;
(iii) The status of mitigation to impacted taxing districts;
(iv) How the increment area has impacted tax revenues and rates in the impacted taxing districts; and
(b) Request and include in its annual report any statements provided by impacted taxing districts.
[ 2026 c 141 s 4; 2024 c 236 s 3; 2023 c 354 s 3; 2021 c 207 s 4.]
Notes:
Modification—Impact—Effective date—2026 c 141: See notes following RCW 39.114.010.
Effective date—2023 c 354: See note following RCW 39.114.010.

catchline: Notice.


title: RCW 39.114.050

text:
Apportionment of taxes shall be as follows:
(1) Commencing in the calendar year immediately following the calendar year in which the increment area takes effect in accordance with RCW 39.114.020, the county treasurer shall distribute receipts from regular property taxes imposed on real property located in the increment area as follows:
(a) Each taxing district shall receive that portion of its regular property taxes produced by the rate of tax levied by or for the taxing district on the tax allocation base value for that increment area;
(i) This apportionment does not interfere with the calculation and implementation of a taxing district's highest allowable levy per RCW 84.55.010 subject to action by its governing body;
(ii) If the voters of a taxing district subsequently approve an increase in regular property tax levies under RCW 84.55.050, the tax allocation base value used to calculate the apportionment applicable to that taxing district must be increased in the year following the voter approval by an amount equal to (A) the incremental increase in the levy rate approved by the voters, multiplied by (B) the total assessed value within the district for that year. For this purpose, the incremental increase in the levy rate means the difference between the maximum voter-approved levy rates set forth in the ballot measure and the maximum levy rate that would have been available for that year but for the voter approval of the ballot measure;
(iii) The amount of the increased tax allocation base value calculated in (a)(ii) of this subsection shall remain fixed at that increased level for so long as the voter authorization for the increased levy remains in effect, in accordance with the ballot proposition. Upon expiration of the voter authorization, the tax allocation base value for that district must be recalculated as if the ballot proposition had not been approved;
(b) The local government that designated the increment area shall be entitled to receive an additional amount equal to the amount derived from the regular property taxes levied by or for each taxing district upon the increment value within the increment area. The local government that designated the increment area shall receive no more than is needed to pay or repay costs directly associated with the public improvements identified in the approved ordinance and may agree to receive less than the full amount of this portion, as long as bond debt service, reserve, and other bond covenant requirements are satisfied, in which case the balance of these tax receipts shall be allocated to the taxing districts that imposed regular property taxes, or have regular property taxes imposed for them, in the increment area for collection that year in proportion to their regular tax levy rates for collection that year. The local government may request that the treasurer transfer this additional portion of the property taxes to its designated agent. The portion of the tax receipts distributed to the local government or its agent under this subsection (1)(b) may only be expended to finance public improvement costs associated with the public improvements financed in whole or in part by tax increment financing; and
(c) This section shall not apply to any receipts from the regular property taxes levied by:
(i) The state for the support of the common schools under RCW 84.52.065;
(ii) Local school district excess levies and emergency medical care and service levies under RCW 84.52.069; and
(iii) Port districts or public utility districts specifically for the purpose of making required payments of principal and interest or general indebtedness.
(2) The apportionment of tax allocation revenues must cease when the taxing district certifies to the county assessor in writing that tax allocation revenues are no longer necessary or obligated to pay public improvement costs, but in no event shall the apportionment of tax allocation revenues continue beyond the sunset date established pursuant to RCW 39.114.020(1)(e). Any excess tax allocation revenues and earnings on the tax allocation revenues remaining at the time the apportionment of tax receipts terminates must be returned to the county treasurer and distributed to the taxing districts that imposed regular property taxes, or had regular property taxes imposed for it, in the increment area for collection that year, in proportion to the rates of their regular property tax levies for collection that year.
(3) The apportionment and distribution of portions of the regular property taxes levied by or for each taxing district upon the increment value within the increment area pursuant to and subject to the requirements of this chapter is declared to be a public purpose of and benefit each such taxing district.
(4) The apportionment and distribution of portions of the regular property taxes levied by or for each taxing district upon the increment value within the increment area pursuant to this section shall not affect or be deemed to affect the rate of taxes levied by or within any such taxing district or the consistency of any such levies with the uniformity requirement of Article VII, section 1 of the state Constitution.
(5)(a) For a local government having a designated increment area under this chapter as of May 9, 2023, the county assessor must adjust the tax allocation base value for that increment area to include the assessed value of any privately owned improvements located on publicly owned land for taxes imposed in the year in which the increment area was first designated. However, no adjustment is required if the increment area does not include any privately owned improvements located on publicly owned land subject to property taxation as of the date the increment area became effective.
(b) The adjusted tax allocation base value under this subsection (5) does not impact any apportionment and distribution under this section occurring in calendar years before calendar year 2024.
[ 2026 c 141 s 5; 2023 c 354 s 4; 2021 c 207 s 5.]
Notes:
Modification—Impact—Effective date—2026 c 141: See notes following RCW 39.114.010.
Effective date—2023 c 354: See note following RCW 39.114.010.

catchline: Apportionment of taxes.


title: RCW 39.114.060

text:
(1) A local government designating an increment area may incur general indebtedness, and issue general obligation bonds or notes to finance the public improvements and retire the indebtedness, in whole or in part, from tax allocation revenues it receives.
(2) The general indebtedness incurred under subsection (1) of this section may be payable from tax allocation revenues and any other sources available to the local government for payment of the public improvement costs, including without limitation: Other tax revenues; the full faith and credit of the local government; nontax income, revenues, fees, and rents from the public improvements; and contributions, grants, and nontax resources.
(3) In addition to the requirements in subsection (1) of this section, a local government designating an increment area and authorizing the use of tax increment financing may require the nonpublic participant to provide adequate security to protect the public investment in the public improvement within the increment area.
[ 2021 c 207 s 6.]

catchline: General indebtedness—Security.


title: RCW 39.114.070

text:
A direct or collateral attack on the designation of the increment area or the allocation of regular property tax revenues in conformance with applicable legal requirements, including this chapter, may not be commenced more than 30 days after adoption of the ordinance as required by RCW 39.114.020.
[ 2021 c 207 s 7.]

catchline: Direct or collateral attacks.


title: RCW 39.114.080

text:
(1) A local government may issue revenue bonds to fund revenue-generating public improvements, or portions of public improvements, that are located within an increment area and that it is authorized to provide or operate. Whenever revenue bonds are to be issued, the legislative authority of the local government shall create or have created a special fund or funds from which, along with any reserves created pursuant to RCW 39.44.140, the principal and interest on these revenue bonds shall exclusively be payable. The legislative authority of the local government may obligate the local government to set aside and pay into the special fund or funds a fixed proportion or a fixed amount of the revenues from the public improvements that are funded by the revenue bonds. This amount or proportion is a lien and charge against these revenues, subject only to operating and maintenance expenses. The local government shall have due regard for the cost of operation and maintenance of the public improvements that are funded by the revenue bonds, and shall not set aside into the special fund or funds a greater amount or proportion of the revenues that in its judgment will be available over and above the cost of maintenance and operation and the amount or proportion, if any, of the revenue previously pledged. The local government may also provide that revenue bonds payable out of the same source or sources of revenue may later be issued on a parity with any revenue bonds being issued and sold.
(2) Revenue bonds issued under this section are not an indebtedness of the local government issuing the bonds, and the interest and principal on the bonds shall only be payable from the revenues lawfully pledged to meet the principal and interest requirements and any reserves created pursuant to RCW 39.44.140. The owner or bearer of a revenue bond or any interest coupon issued under this section shall not have any claim against the local government arising from the bond or coupon except for payment from the revenues lawfully pledged to meet the principal and interest requirements and any reserves created pursuant to RCW 39.44.140. The substance of the limitations included in this subsection shall be plainly printed, written, or engraved on each bond issued under this section.
(3) Revenue bonds with a maturity in excess of 25 years shall not be issued under this section.
(4) The legislative authority of the local government shall by resolution determine for each revenue bond issue the amount, date, form, terms, conditions, denominations, maximum fixed or variable interest rate or rates, maturity or maturities, redemption rights, registration privileges, manner of execution, manner of sale, callable provisions, if any, and covenants including the refunding of existing revenue bonds. Facsimile signatures may be used on the bonds and any coupons. Refunding revenue bonds may be issued in the same manner as revenue bonds are issued.
(5) The authority to issue revenue bonds under this section is supplementary and in addition to any authority otherwise existing. Nothing in this section limits a local government in the issuance of revenue bonds that are otherwise authorized by law for the construction of additions, betterments, or extensions of utilities within the increment area.
(6) Notwithstanding anything to the contrary in this section, revenue bonds issued to finance public improvements may be issued in accordance with chapter 39.46 RCW.
[ 2021 c 207 s 8.]

catchline: Revenue bonds—Issuance.


title: RCW 39.114.090

text:
This chapter supplements and neither restricts nor limits any powers that the state or any local government might otherwise have under any laws of this state.
[ 2021 c 207 s 9.]

catchline: Supplemental nature of chapter.


title: RCW 39.116.005

text:
The legislature finds and declares that:
(1) Washington state, through its extensive purchasing power, can reduce embodied carbon in the built environment, improve human and environmental health, grow economic competitiveness, and promote high labor standards in manufacturing by incorporating climate and other types of pollution impacts and the quality of working conditions into the procurement process.
(2) Washington state is home to multiple world-class manufacturers that are investing heavily in reducing the carbon intensity of their products and that provide family-wage jobs that are the foundation for a fair and robust economy. Washington's procurement practices should encourage manufacturers and others to meet high environmental and labor standards and reduce their environmental footprint.
(3) The private sector is increasingly demanding low carbon building materials that support good jobs in manufacturing. This market demand has rapidly accelerated innovation and led to increased production of low carbon building materials. As one of the largest consumers of building materials, Washington state has an opportunity to leverage its purchasing power to do even more to send a clear signal to the market of the growing demand for low carbon building materials.
(4) With its low carbon electric grid and highly skilled workforce, Washington state is well-positioned to capture the growing demand for low carbon building materials and create and sustain a new generation of good, high-wage clean manufacturing jobs.
(5) Washington has demonstrated a deep commitment to ensuring that the transition to a low carbon economy is fair and creates family-wage jobs. Both the clean energy transformation act and the climate commitment act tie public investments in infrastructure to reducing greenhouse gas emissions and to high road construction labor standards. Integrating manufacturing working conditions into the procurement process reaffirms and is consistent with the state's commitment to a fair transition.
(6) A robust state and domestic supply of low carbon materials is critical for building a fair economy and meeting the needs of the low carbon transition, including securing the clean energy supply chain.
(7) Environmental product declarations are the best available tool for reporting product-specific environmental impacts using a life-cycle assessment and informing the procurement of low carbon building materials. Environmental product declarations cannot be used to compare products across different product categories or different functional units.
(8) The buy clean and buy fair policies established in chapter 344, Laws of 2024 are critical to reduce embodied carbon in the built environment, a goal identified by the Washington state 2021 energy strategy to meet the state's greenhouse gas emission limits, governor Inslee's Executive Order 20-01 on state efficiency and environmental performance, and the Pacific coast collaborative's pathbreaking low carbon construction task force.
(9) Reducing embodied carbon in the built environment requires a holistic, comprehensive approach that includes designing buildings with a lower-embodied carbon footprint and making lower carbon products. Policies like the buy clean and buy fair policies established in chapter 344, Laws of 2024 are an important tool for increasing the manufacture of lower carbon products.
(10) The 2021-2023 biennium budgets made critical progress on the buy clean and buy fair policies in chapter 344, Laws of 2024 by funding the creation of a publicly accessible database to facilitate reporting and promote transparency on building materials purchased for state-funded infrastructure projects and two large buy clean and buy fair pilot projects. This ongoing work to create a database to facilitate reporting of environmental impacts and labor conditions from pilot projects has provided a strong foundation to inform future work on buy clean and buy fair policies.
(11) Providing financial assistance to small manufacturers to support the production of environmental product declarations will help small manufacturers offset costs they might incur when pursuing state contracting as a result of the requirements of chapter 344, Laws of 2024.
[ 2024 c 344 s 1.]

catchline: Findings—2024 c 344.


title: RCW 39.116.010

text:
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
(1) "Actual production facilities" means the final manufacturing facility and the facilities at which production processes occur that contribute to 70 percent or more of the product's cradle-to-gate global warming potential, as reflected in the environmental product declaration.
(2) "Awarding authority" means:
(a) Institutions of higher education as defined in RCW 28B.92.030;
(b) The department of enterprise services, the department of natural resources, the state parks and recreation commission, the department of fish and wildlife, and the department of transportation; and
(c) Any other state government agency that receives funding from the omnibus capital appropriations act for a public works project contracted directly by the state agency.
(3) "Covered product" includes:
(a) Structural concrete products, including ready mix, shotcrete, precast, and concrete masonry units;
(b) Reinforcing steel products, specifically rebar and posttensioning tendons;
(c) Structural steel products, specifically hot rolled sections, hollow sections, metal deck, and plate; and
(d)(i) Engineered wood products, such as cross-laminated timber per ANSI form no. PRG 320, glulam beams, laminated veneer lumber, parallel strand lumber, dowel laminated timber, nail laminated timber, glulam laminated timber, prefabricated wood joists per ASTM D5055, wood structural panel per product standard 1 or product standard 2, solid sawn lumber per product standard 20, structural composite lumber per ASTM D5456, and structural sawn lumber.
(ii) For the purposes of this subsection (3)(d):
(A) "ANSI" means the American national standards institute.
(B) "ASTM" means the American society for testing and materials.
(C) "Product standard" means a voluntary product standard published by the United States department of commerce national institute of standards and technology.
(4) "Covered project" means:
(a) A construction project larger than 50,000 gross square feet as defined in the Washington state building code, chapter 51-50 WAC; or
(b) A building renovation project where the cost is greater than 50 percent of the assessed value and the project is larger than 50,000 gross square feet of occupied or conditioned space as defined in the Washington state building code, chapter 51-50 WAC.
(5) "Department" means the department of commerce.
(6) "Employee" means any individual who is in an employment relationship with the organization.
(7)(a) "Environmental product declaration" means a type III environmental product declaration, as defined by the international organization for standardization standard 14025 or similarly robust life-cycle assessment methods that have uniform standards in data collection consistent with the international organization for standardization standard 14025, industry acceptance, and integrity. When available, the environmental product declaration must be supply chain specific.
(b) For the purposes of this subsection, "supply chain specific" means an environmental product declaration that includes supply chain specific data for production processes that contribute 70 percent or more of a product's cradle-to-gate global warming potential, as defined in international organization for standardization standard 21930, and reports the overall percentage of supply chain specific data included.
(8) "Full time" means an employee in a position that:
(a) The employer intends to be filled for at least 52 consecutive weeks or 12 consecutive months, excluding any leaves of absence; and
(b) Requires the employee to work, excluding overtime hours, 35 hours per week for 52 consecutive weeks, 455 hours a quarter, or 1,820 hours during a period of 12 consecutive months.
(9) "Health product declaration" means a supply chain specific health product declaration, as defined by the health product declaration open standard maintained by the health product declaration collaborative, that has robust methods for product manufacturers and their ingredient suppliers to uniformly report and disclose information about product contents and associated health information.
(10) "Part time" means an employee in a position that:
(a) The employer intends to be filled for at least 52 consecutive weeks or 12 consecutive months, excluding any leaves of absence; and
(b) Working hours are less than those required for a full-time employee, as defined in this section.
(11) "Product and facility specific report" means an environmental product declaration whereby the environmental impacts can be attributed to a single manufacturer and a specific manufacturing or production facility.
(12)(a) "Scope 2 greenhouse gas emissions" are indirect greenhouse gas emissions associated with the purchase of electricity, steam, heat, or cooling.
(b) For purposes of this section, "greenhouse gas" has the same meaning as in RCW 70A.45.010.
(13) "Supplier code of conduct" means a policy created by a manufacturer that outlines steps taken to ensure that its suppliers adhere to ethical practices, such as compliance with child and forced labor laws, antidiscrimination practices, freedom of association, and safe workplace conditions.
(14) "Temporary" means an employee in a position that is intended to be filled for a period of less than 52 consecutive weeks or 12 consecutive months. Positions in seasonal employment are temporary positions.
(15) "Total case incident rate" means the number of work-related injuries per 100 full-time equivalent workers during a one-year period, as defined by the occupational safety and health administration. Total case incident rate is calculated by multiplying the number of occupational safety and health administration recordable injuries and illnesses by 200,000 and dividing by number of hours worked by all employees.
(16) "Working conditions" means the average number of employees by employment type: Full time, part time, and temporary.
[ 2024 c 344 s 2.]

catchline: Definitions.


title: RCW 39.116.020

text:
(1)(a) Beginning July 1, 2025, an awarding authority must require in all newly executed construction contracts that the selected firm for a construction contract for a covered project larger than 100,000 gross square feet submit the following data for each covered product used before substantial completion, including at a minimum:
(i) Product quantity;
(ii) A current environmental product declaration;
(iii) Health product declaration, if any, completed for the product;
(iv) Manufacturer name and location, including state or province and country;
(v) Supplier code of conduct, if any; and
(vi) Office of minority and women-owned business enterprises certification, if any.
(b) Beginning July 1, 2027, an awarding authority must require in all newly executed construction contracts that the selected firm for a construction contract for a covered project submit the data required by (a) of this subsection for each covered product used before substantial completion.
(c) The selected firm for a contract for a covered project shall provide the data required by this subsection for at least 90 percent of the cost of each of the covered products used in the project.
(2) The selected firm for a contract for a covered project is required to collect and submit from product suppliers the information required in subsection (1)(a)(ii) through (vi) of this section. The selected firm is not required to verify the information received from product suppliers.
(3)(a) Beginning July 1, 2025, an awarding authority must require in all newly executed construction contracts that the selected firm for a construction contract for a covered project larger than 100,000 gross square feet to ask their suppliers to report for each covered product used before substantial completion, including at a minimum:
(i) Names and locations, including state or province and country, of the actual production facilities; and
(ii) Working conditions at the actual production facilities for all employees, full-time employees, part-time employees, and temporary employees. In cases in which the supplier does not have this information, the selected firm for a contract for a covered project must ask suppliers to provide a report on steps taken to reasonably obtain the data and provide suppliers' self-reports to the awarding authority.
(b) Beginning July 1, 2027, an awarding authority must require in all newly executed construction contracts that the successful bidder for a construction contract for a covered project to meet the requirements of (a) of this subsection for each covered product used before substantial completion.
(c) The selected firm is not required to verify the information reported by product suppliers pursuant to this subsection.
(d) The selected firm for a contract for a covered project shall meet the requirement in (a) of this subsection for at least 90 percent of the cost of each of the covered products used in the project.
(4) If a supply chain specific environmental product declaration is not available, a product and facility specific report may be submitted.
(5) This section does not apply to a covered product for a particular covered project if the awarding authority determines, upon written justification provided to the department, that the requirements in this section would cause a significant delay in completion, significant increase in overall project cost, or result in only one product supplier being able to provide the covered product.
(6) An awarding authority must include the information and reporting requirements in this section in a specification for bids for a covered project.
(7) Subject to funds appropriated for this specific purpose, the department may provide financial assistance to small businesses, as defined in RCW 19.85.020, to help offset the costs to the small business of producing an environmental product declaration required under this section. Such financial assistance supports the production of environmental product declarations and achievement of reductions of embodied carbon in the built environment while ensuring that small manufacturers are not put at a competitive disadvantage in state contracting as a result of the requirements of this chapter.
(8) Compliance with the requirements in this section may not be used as a basis for a waiver from apprenticeship utilization requirements in any other statute, rule, regulation, or law.
[ 2024 c 344 s 3.]

catchline: Data submission for covered products—Requirements—Selected firms—Suppliers—Department may provide financial assistance.


title: RCW 39.116.030

text:
By July 1, 2025, and to the extent practicable, specifications for a bid or proposal for a project contract by an awarding authority may only include performance-based specifications for concrete used as a structural material. Awarding authorities may continue to use prescriptive specifications on structural elements to support special designs and emerging technology implementation.
[ 2024 c 344 s 4.]

catchline: Specifications for bid or proposal.


title: RCW 39.116.040

text:
(1) The department must continue to develop, maintain, and refine the publicly accessible database funded by the 2021-2023 omnibus operating appropriations act and created by the department in conjunction with the University of Washington college of built environments for selected firms for contracts for covered projects to submit the data required in RCW 39.116.020 to the department and to promote transparency. The department may consult with the University of Washington college of built environments.
(2) The database maintained pursuant to subsection (1) of this section must publish global warming potential as reported in the environmental product declarations.
(3) By July 1, 2025, the department must:
(a) Further elaborate covered product definitions using applicable material industry standards;
(b) Develop measurement and reporting standards to ensure that data is consistent and comparable, including standards for reporting product quantities;
(c) Create model language for specifications, bid documents, and contracts to support the implementation of RCW 39.116.020; and
(d) Produce an educational brief that:
(i) Provides an overview of embodied carbon;
(ii) Describes the appropriate use of environmental product declarations, including the necessary preconditions for environmental product declarations to be comparable;
(iii) Outlines reporting standards, including covered product definitions, standards for reporting product quantities, and working conditions;
(iv) Describes the data collection and reporting process for all information required in RCW 39.116.020 (1)(a) and (3)(a);
(v) Provides instructions for the use of the database; and
(vi) Lists applicable product category rules for covered products.
(4) The department may contract for the use of nationally or internationally recognized databases of environmental product declarations for purposes of implementing this section.
[ 2024 c 344 s 5.]

catchline: Publicly accessible database—Department duties.


title: RCW 39.116.050

text:
(1) By December 1, 2024, the department must convene a technical work group that includes the following representatives:
(a) One industry professional in design, one industry professional in structural design, one industry professional in specification, and one industry professional in construction who are recommended by leading associations of Washington business;
(b) Two representatives each from Washington manufacturers of:
(i) Steel;
(ii) Wood; and
(iii) Concrete;
(c) A representative from the department of enterprise services;
(d) A representative from the department of transportation;
(e) A representative from the department of ecology;
(f) One representative each from three environmental groups that focus on embodied carbon and climate change;
(g) Three representatives from labor unions, including two from unions that represent manufacturing workers and one representative from the building and construction trades;
(h) A representative from the minority and women-owned business community;
(i) A representative from the University of Washington college of built environments; and
(j) Representatives of other agencies and independent experts as necessary to meet the objectives of the technical work group as described in this section.
(2) The department intends formation of subgroups with members who have subject matter expertise or industry experience to develop technical information, recommendations, and analysis specific to individual material types, and the feasibility of supply chain specific environmental product declarations. The recommendations must, where possible, align with state and national principles and laws for environmental product declaration development.
(3) The department may contract with the University of Washington college of built environments in convening the technical work group.
(4) The purpose of the technical work group is to identify opportunities for and barriers to growth of the use and production of low carbon materials, promote high labor standards in manufacturing, and preserve and expand low carbon materials manufacturing in Washington.
(5) By September 1, 2025, the technical work group must submit a report to the legislature and the governor that includes:
(a) A low carbon materials manufacturing plan that recommends policies to preserve and grow the in-state manufacturing of low carbon materials and accelerate industrial decarbonization. For this plan, the technical work group must:
(i) Examine barriers and opportunities to maintain and grow a robust in-state supply of low carbon building materials including, but not limited to, state and domestic supply of raw materials and other supply chain challenges, regulatory barriers, competitiveness of local and domestic manufacturers, cost, and data availability from local, state, national, and foreign product suppliers; and
(ii) Identify opportunities to encourage the continued conversion to lower carbon cements, including the use of performance-based specifications and allowing Type 1-L cement in specifications for public projects;
(b) Recommendations for consistent treatment in the reporting for covered products; and
(c) Consideration of how additional information relevant to reducing embodied carbon through strategies including, but not limited to, product life-cycle assessments could be incorporated into future reporting.
(6)(a) By September 1, 2026, the technical work group must submit a report on policy recommendations, including any statutory changes needed, to the legislature and the governor. The report must consider policies to expand the use and production of low carbon materials, preserve and expand low carbon materials manufacturing in Washington, including opportunities to encourage continued conversion to lower carbon blended cements in public projects, and support living wage manufacturing jobs.
(b) For this report, the technical work group must:
(i) Summarize data collected pursuant to RCW 39.116.020, the case study analysis funded by the 2021-2023 omnibus operating appropriations act, and the pilot projects funded by the 2021-2023 omnibus capital appropriations act. The summary must include product quantities, global warming potential, health product declarations, supplier codes of conduct, and any obstacles to the implementation of this chapter;
(ii) Evaluate options for collecting reported working condition information from product suppliers, including hourly wages, employee benefits, and total case incident rates, and for aligning these reporting requirements with existing reporting requirements for preferential tax rates, credits, exemptions, and deferrals;
(iii) Make recommendations for improving environmental production declaration data quality including, but not limited to, integrating reporting on variability in facility, product, and upstream data for key processes;
(iv) Make recommendations for consideration of scope 2 greenhouse gas emissions mitigation through green power purchases, such as energy attribute certificates and power purchase agreements;
(v) Make recommendations, if any, for changing or clarifying the definition of "actual production facilities" in RCW 39.116.010 to better define and refine reporting and compliance obligations under chapter 39.116 RCW;
(vi) Identify barriers and opportunities to the effective use of the database maintained under RCW 39.116.040 and the data collected pursuant to this chapter;
(vii) Identify emerging and foreseeable trends in local, state, federal, and private policy on embodied carbon and the procurement and use of low carbon materials and opportunities to promote consistency across public and private embodied carbon and low carbon materials policies, rules, and regulations; and
(viii) Recommend approaches to designing lower embodied carbon state building projects.
(7)(a) The department may update reporting standards and requirements based on input from the technical work group.
(b) The department must provide updated guidance on reporting standards by January 1, 2027.
(8) This section expires January 1, 2028.
[ 2024 c 344 s 6.]

catchline: Technical work group. (Expires January 1, 2028.)


title: RCW 39.116.900

text:
Chapter 344, Laws of 2024 may be known and cited as the buy clean and buy fair Washington act.
[ 2024 c 344 s 8.]

catchline: Short title—2024 c 344.


title: RCW 39.12.010

text:
(1) The "prevailing rate of wage" is the rate of hourly wage, usual benefits, and overtime paid in the locality, as hereinafter defined, to the majority of workers, laborers, or mechanics, in the same trade or occupation. In the event that there is not a majority in the same trade or occupation paid at the same rate, then the average rate of hourly wage and overtime paid to such laborers, workers, or mechanics in the same trade or occupation is the prevailing rate. If the wage paid by any contractor or subcontractor to laborers, workers, or mechanics on any public work is based on some period of time other than an hour, the hourly wage is mathematically determined by the number of hours worked in such period of time.
(2) The "locality" is the largest city in the county wherein the physical work is being performed.
(3) The "usual benefits" includes the amount of:
(a) The rate of contribution irrevocably made by a contractor or subcontractor to a trustee or to a third person pursuant to a fund, plan, or program; and
(b) The rate of costs to the contractor or subcontractor, which may be reasonably anticipated in providing benefits to workers, laborers, and mechanics pursuant to an enforceable commitment to carry out a financially responsible plan or program which was communicated in writing to the workers, laborers, and mechanics affected, for medical or hospital care, pensions on retirement or death, compensation for injuries or illness resulting from occupational activity, or insurance to provide any of the foregoing, for unemployment benefits, life insurance, disability and sickness insurance, or accident insurance, for vacation and holiday pay, for defraying costs of apprenticeship or other similar programs, or for other bona fide fringe benefits, but only where the contractor or subcontractor is not required by other federal, state, or local law to provide any of such benefits.
(4) An "interested party" includes a contractor, subcontractor, an employee of a contractor or subcontractor, an organization whose members' wages, benefits, and conditions of employment are affected by this chapter, a joint labor-management cooperation committee established pursuant to the federal labor management cooperation act of 1978, a Taft-Hartley trust, and the director of labor and industries or the director's designee.
(5) An "inadvertent filing or reporting error" is a mistake and is made notwithstanding the use of due care by the contractor, subcontractor, or employer. An inadvertent filing or reporting error includes a contractor who, in good faith, relies on a written determination provided by the department of labor and industries and pays its workers, laborers, and mechanics accordingly, but is later found to have not paid the proper prevailing wage rate.
(6) "Unpaid prevailing wages" or "unpaid wages" means the employer fails to pay all of the prevailing rate of wages owed for any workweek by the regularly established payday for the period in which the workweek ends. Every employer must pay all wages, other than usual benefits, owing to its employees not less than once a month. Every employer must pay all usual benefits owing to its employees by the regularly established deadline for those benefits.
(7) "Rate of contribution" means the effective annual rate of usual benefit contributions for all hours, public and private, worked during the year by an employee (commonly referred to as "annualization" of benefits). The only exemption to the annualization requirements is for defined contribution pension plans that have immediate participation and vesting.
(8) "Contractor" means any prime contractor, subcontractor, or other employer as defined by rules adopted by the department of labor and industries. "Contractor" includes an entity, however organized, with substantially identical operations, corporate, or management structure to an entity that has been found in violation under RCW 39.12.050, 39.12.055, or 39.12.065, or any associated rules. The nonexclusive factors used to determine substantial identity include an assessment of whether there is: Substantial continuity of the same business operation; use of the same machinery, equipment, or both tangible and intangible real or personal property; similarity of jobs and types of working conditions; continuity of supervisors; and similarity of product or services. An entity with operational, corporate, and management structures distinct from an entity that has been found in violation under RCW 39.12.050, 39.12.055, or 39.12.065, or any associated rules, shall not be deemed a substantially identical entity.
[ 2025 c 99 s 2; (2025 c 99 s 1 expired January 1, 2026); 2024 c 7 s 2; 2019 c 242 s 2; 1989 c 12 s 6; 1985 c 15 s 1; 1965 ex.s. c 133 s 1; 1945 c 63 s 3; Rem. Supp. 1945 s 10322-22.]
Notes:
Effective date—2025 c 99 s 2: "Section 2 of this act takes effect January 1, 2026." [ 2025 c 99 s 5.]
Expiration date—2025 c 99 s 1: "Section 1 of this act expires January 1, 2026." [ 2025 c 99 s 4.]
Effective date—2024 c 7: "This act takes effect January 1, 2026." [ 2024 c 7 s 4.]
Findings—2024 c 7: See note following RCW 39.12.130.
Findings—2019 c 242: "The legislature finds:
(1) That from the shift in the 1980s from criminal to civil penalties for prevailing wage violations that the law needs some enhancements to effectively provide the department of labor and industries with the ability to utilize its civil remedies to both discourage and penalize repeat and willful violations of the law.
(2) Revisions to chapter 39.12 RCW are long overdue and are necessary to appropriately address filing and reporting procedures and penalties, which are necessary to strengthen enforcement of and deterrence from repeat and/or willful violations of the chapter." [ 2019 c 242 s 1.]
Effective date—2019 c 242: "This act takes effect January 1, 2020." [ 2019 c 242 s 6.]
Severability—1985 c 15: See note following RCW 39.12.065.


title: RCW 39.12.015

text:
(1) All determinations of the prevailing rate of wage shall be made by the industrial statistician of the department of labor and industries.
(2) The time period for recovery of any wages owed to a worker affected by the determination is tolled until the prevailing wage determination is final.
(3)(a) Except as provided in RCW 39.12.017, and notwithstanding RCW 39.12.010(1), the industrial statistician shall establish the prevailing rate of wage by adopting the hourly wage, usual benefits, and overtime paid for the geographic jurisdiction established in collective bargaining agreements for those trades and occupations that have collective bargaining agreements. For trades and occupations with more than one collective bargaining agreement in the county, the higher rate will prevail.
(b) For trades and occupations in which there are no collective bargaining agreements in the county, the industrial statistician shall establish the prevailing rate of wage as defined in RCW 39.12.010 by conducting wage and hour surveys. In instances when there are no applicable collective bargaining agreements and conducting wage and hour surveys is not feasible, the industrial statistician may employ other appropriate methods to establish the prevailing rate of wage.
[ 2019 c 29 s 2. Prior: 2018 c 248 s 1; 2018 c 242 s 1; 1965 ex.s. c 133 s 2.]
Notes:
Intent—2019 c 29: "The legislature intends that the methodology for establishing the prevailing rates of wages under this act applies only to affordable housing, homeless and domestic violence shelters, and low-income weatherization and home rehabilitation programs." [ 2019 c 29 s 1.]
Effective date—2019 c 29: "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 [April 17, 2019]." [ 2019 c 29 s 5.]
Publication of wage rates—Effective date—2019 c 29: See note following RCW 39.12.017.

catchline: Industrial statistician to make determinations of prevailing rate.


title: RCW 39.12.017

text:
(1) For residential construction, the industrial statistician shall establish the prevailing rate of wage by conducting wage and hour surveys. If the industrial statistician determines that information received from a survey is insufficient to determine the prevailing rate of wage for a trade under this subsection, the industrial statistician shall employ other appropriate methods to establish the prevailing rate of wage.
(a) The industrial statistician shall conduct the initial surveys required by this subsection (1) as soon as feasible after April 17, 2019. These surveys shall cover fiscal year 2018.
(b) The industrial statistician shall conduct a wage and hour survey following the initial survey or otherwise reestablish a prevailing rate of wage for each trade covered by this section at least every five years, and after the initial survey may stagger the surveys for workload purposes.
(2)(a) Until the industrial statistician has established a prevailing wage rate under subsection (1)(a) of this section and except as provided in (b) of this subsection, the industrial statistician shall establish the wage rate by:
(i) Identifying the residential prevailing wage rate in effect on August 30, 2018, for that trade (rate A);
(ii) Determining the year most recent to 2018, but not earlier than 2007, in which the wage rate for that trade was adjusted (year A);
(iii) Determining the percentage change in the annual average hourly wages reported for construction workers in Washington state, as calculated by the United States bureau of labor statistics' state and area employment, hours, and earnings estimates, from year A to 2019;
(iv) Adding the percentage change from (a)(iii) of this subsection to one hundred percent (percentage A); and
(v) Multiplying rate A by percentage A.
(b) If the residential construction wage rate in effect for a trade on August 31, 2018, is the same as the wage rate in effect on August 30, 2018, the industrial statistician must adopt the wage rate in effect for the trade on August 31, 2018, until a wage rate is established under subsection (1)(a) of this section.
(3) For purposes of this section:
(a) "Residential construction" means construction, alteration, repair, improvement, or maintenance of single-family dwellings, duplexes, apartments, condominiums, and other residential structures not to exceed four stories in height, including the basement, in the following categories:
(i) Affordable housing, including permanent supportive housing and transitional housing, which may include common spaces, community rooms, recreational spaces, a management office, or offices for the purposes of service delivery;
(ii) Weatherization and home rehabilitation programs for low-income households; and
(iii) Homeless shelters and domestic violence shelters.
(b) "Residential construction" does not include the utilities construction, such as water and sewer lines, or work on streets, or work on other structures unrelated to the housing.
[ 2019 c 29 s 3.]
Notes:
Publication of wage rates—Effective date—2019 c 29: "The industrial statistician must establish and publish wage rates under RCW 39.12.017(2) within thirty days after April 17, 2019. The wage rates take effect thirty days after publication." [ 2019 c 29 s 4.]
Effective date—Intent—2019 c 29: See notes following RCW 39.12.015.

catchline: Industrial statistician to establish prevailing rate for residential construction—Wage and hour surveys.


title: RCW 39.12.020

text:
The hourly wages to be paid to laborers, workers, or mechanics, upon all public works and under all public building service maintenance contracts of the state or any county, municipality or political subdivision created by its laws, shall be not less than the prevailing rate of wage for an hour's work in the same trade or occupation in the locality within the state where such labor is performed. For a contract in excess of ten thousand dollars, a contractor required to pay the prevailing rate of wage shall post in a location readily visible to workers at the jobsite: PROVIDED, That on road construction, sewer line, pipeline, transmission line, street, or alley improvement projects for which no field office is needed or established, a contractor may post the prevailing rate of wage statement at the contractor's local office, gravel crushing, concrete, or asphalt batch plant as long as the contractor provides a copy of the wage statement to any employee on request:
(1) A copy of a statement of intent to pay prevailing wages approved by the industrial statistician of the department of labor and industries under RCW 39.12.040; and
(2) The address and telephone number of the industrial statistician of the department of labor and industries where a complaint or inquiry concerning prevailing wages may be made.
This chapter shall not apply to workers or other persons regularly employed by the state, or any county, municipality, or political subdivision created by its laws.
[ 2007 c 169 s 1; 1989 c 12 s 7; 1982 c 130 s 1; 1981 c 46 s 1; 1967 ex.s. c 14 s 1; 1945 c 63 s 1; Rem. Supp. 1945 s 10322-20.]

catchline: Prevailing rate to be paid on public works and under public building service maintenance contracts—Posting of statement of intent—Exception.


title: RCW 39.12.021

text:
Apprentice workers employed upon public works projects for whom an apprenticeship agreement has been registered and approved with the state apprenticeship council pursuant to chapter 49.04 RCW, must be paid at least the prevailing hourly rate for an apprentice of that trade. Any worker for whom an apprenticeship agreement has not been registered and approved by the state apprenticeship council shall be considered to be a fully qualified journey level worker, and, therefore, shall be paid at the prevailing hourly rate for journey level workers.
[ 1989 c 12 s 8; 1963 c 93 s 1.]

catchline: Prevailing rate to be paid on public works—Apprentice workers.


title: RCW 39.12.026

text:
(1) In establishing the prevailing rate of wage under RCW 39.12.010, 39.12.015, and 39.12.020, all data collected by the department of labor and industries may be used only in the county for which the work was performed.
(2) The department of labor and industries must provide registered contractors with the option of completing a wage survey electronically.
[ 2015 3rd sp.s. c 40 s 2; 2003 c 363 s 206.]
Notes:
Effective date—2015 3rd sp.s. c 40: See note following RCW 39.04.320.
Findings—Intent—2003 c 363 ss 201-206: See note following RCW 49.04.141.
Part headings not law—Severability—2003 c 363: See notes following RCW 47.28.241.

catchline: Surveys—Applicability by county—Electronic option.


title: RCW 39.12.030

text:
(1) The specifications for every contract for the construction, reconstruction, maintenance or repair of any public work to which the state or any county, municipality, or political subdivision created by its laws is a party, shall contain a provision stating the hourly minimum rate of wage, not less than the prevailing rate of wage, which may be paid to laborers, workers, or mechanics in each trade or occupation required for such public work employed in the performance of the contract either by the contractor, subcontractor or other person doing or contracting to do the whole or any part of the work contemplated by the contract, and the contract shall contain a stipulation that such laborers, workers, or mechanics shall be paid not less than such specified hourly minimum rate of wage. If the awarding agency determines that the work contracted for meets the definition of residential construction, the contract must include that information.
(2) If the hourly minimum rate of wage stated in the contract specifies residential construction rates and it is later determined that the work performed is commercial and subject to commercial construction rates, the state, county, municipality, or political subdivision that entered into the contract must pay the difference between the residential rate stated and the actual commercial rate to the contractor, subcontractor, or other person doing or contracting to do the whole or any part of the work under the contract.
[ 2009 c 62 s 1; 1989 c 12 s 9; 1945 c 63 s 2; Rem. Supp. 1945 s 10322-21.]

catchline: Contract specifications must state minimum hourly rate—Stipulation for payment—Residential and commercial construction work.


title: RCW 39.12.040

text:
(1)(a) Except as provided in subsection (2) of this section, before payment is made by or on behalf of the state, or any county, municipality, or political subdivision created by its laws, of any sum or sums due on account of a public works contract, it is the duty of the officer or person charged with the custody and disbursement of public funds to require the contractor and each and every subcontractor from the contractor or a subcontractor to submit to such officer a "Statement of Intent to Pay Prevailing Wages". For a contract in excess of ten thousand dollars, the statement of intent to pay prevailing wages must include:
(i) The contractor's registration certificate number; and
(ii) The prevailing rate of wage for each classification of workers entitled to prevailing wages under RCW 39.12.020 and the estimated number of workers in each classification.
(b) Each statement of intent to pay prevailing wages must be approved by the industrial statistician of the department of labor and industries before it is submitted to the disbursing officer. Unless otherwise authorized by the department of labor and industries, each voucher claim submitted by a contractor for payment on a project estimate must state that the prevailing wages have been paid in accordance with the prefiled statement or statements of intent to pay prevailing wages on file with the public agency. Following the final acceptance of a public works project, it is the duty of the officer charged with the disbursement of public funds, to require the contractor and each and every subcontractor from the contractor or a subcontractor to submit to such officer an affidavit of wages paid before the funds retained according to the provisions of RCW 60.28.011 are released to the contractor. On a public works project where no retainage is withheld, the affidavit of wages paid must be submitted to the state, county, municipality, or other public body charged with the duty of disbursing or authorizing disbursement of public funds prior to final acceptance of the public works project. If a subcontractor performing work on a public works project fails to submit an affidavit of wages paid form, the contractor or subcontractor with whom the subcontractor had a contractual relationship for the project may file the forms on behalf of the nonresponsive subcontractor. Affidavit forms may only be filed on behalf of a nonresponsive subcontractor who has ceased operations or failed to file as required by this section. The contractor filing the affidavit must accept responsibility for payment of prevailing wages unpaid by the subcontractor on the project pursuant to RCW 39.12.020 and 39.12.065. Intentionally filing a false affidavit on behalf of a subcontractor subjects the filer to the same penalties as are provided in RCW 39.12.050. Each affidavit of wages paid must be certified by the industrial statistician of the department of labor and industries before it is submitted to the disbursing officer.
(2) As an alternate to the procedures provided for in subsection (1) of this section, for public works projects of $5,000 or less as allowed under RCW 39.04.152 is followed:
(a) An awarding agency may authorize the contractor or subcontractor to submit the statement of intent to pay prevailing wages directly to the officer or person charged with the custody or disbursement of public funds in the awarding agency without approval by the industrial statistician of the department of labor and industries. The awarding agency must retain such statement of intent to pay prevailing wages for a period of not less than three years.
(b) Upon final acceptance of the public works project, the awarding agency must require the contractor or subcontractor to submit an affidavit of wages paid. Upon receipt of the affidavit of wages paid, the awarding agency may pay the contractor or subcontractor in full, including funds that would otherwise be retained according to the provisions of RCW 60.28.011. Within thirty days of receipt of the affidavit of wages paid, the awarding agency must submit the affidavit of wages paid to the industrial statistician of the department of labor and industries for approval.
(c) A statement of intent to pay prevailing wages and an affidavit of wages paid must be on forms approved by the department of labor and industries.
(d) In the event of a wage claim and a finding for the claimant by the department of labor and industries where the awarding agency has used the alternative process provided for in this subsection (2), the awarding agency must pay the wages due directly to the claimant. If the contractor or subcontractor did not pay the wages stated in the affidavit of wages paid, the awarding agency may take action at law to seek reimbursement from the contractor or subcontractor of wages paid to the claimant, and may prohibit the contractor or subcontractor from bidding on any public works contract of the awarding agency for up to one year.
(e) Nothing in this section may be interpreted to allow an awarding agency to subdivide any public works project of more than $5,000 for the purpose of circumventing the procedures required by subsection (1) of this section.
[ 2023 c 395 s 29; 2019 c 434 s 6; 2013 c 113 s 5; 2012 c 129 s 1; 2009 c 219 s 2; 2007 c 210 s 4; 1991 c 15 s 1; 1982 c 130 s 2; 1981 c 46 s 2; 1975-'76 2nd ex.s. c 49 s 1; 1965 ex.s. c 133 s 3; 1945 c 63 s 4; Rem. Supp. 1945 s 10322-23.]
Notes:
Effective date—2023 c 395 ss 1-30, 32-34, 36, and 37: See note following RCW 39.04.010.
Findings—Intent—2023 c 395: See note following RCW 39.04.010.
Finding—Intent—2019 c 434: See note following RCW 35.23.352.

catchline: Statement of intent to pay prevailing wages, affidavit of wages paid—Alternative procedure.


title: RCW 39.12.042

text:
If any agency of the state, or any county, municipality, or political subdivision created by its laws shall knowingly fail to comply with the provisions of RCW 39.12.040 as now or hereafter amended, such agency of the state, or county, municipality, or political subdivision created by its laws, shall be liable to all workers, laborers, or mechanics to the full extent and for the full amount of wages due, pursuant to the prevailing wage requirements of RCW 39.12.020.
[ 1993 c 404 s 3; 1989 c 12 s 11; 1975-'76 2nd ex.s. c 49 s 2.]
Notes:
Effective date—1993 c 404: See note following RCW 39.12.070.

catchline: Compliance with RCW 39.12.040—Liability of public agencies to workers, laborers, or mechanics.


title: RCW 39.12.050

text:
(1) Any contractor or subcontractor who files a false statement or fails to file any statement or record required to be filed or fails to post a document required to be posted under this chapter and the rules adopted under this chapter, shall, after a determination to that effect has been issued by the director after hearing under chapter 34.05 RCW, forfeit as a civil penalty the sum of $500 for each false filing or failure to file or post, and shall not be permitted to bid, or have a bid considered, on any public works contract until the penalty has been paid in full to the director. The civil penalty under this subsection does not apply to a violation determined by the director to be an inadvertent filing or reporting error. The burden of proving, by a preponderance of the evidence, that an error is inadvertent rests with the contractor or subcontractor charged with the error. Civil penalties shall be deposited in the public works administration account.
To the extent that a contractor or subcontractor has not paid wages at the rate due pursuant to RCW 39.12.020, and a finding to that effect has been made as provided by this subsection, such unpaid wages constitute a lien against the bonds and retainage as provided in RCW 18.27.040, 18.106.410, 19.28.041, 39.08.010, and 60.28.011.
(2) If a contractor or subcontractor is found to have violated the provisions of subsection (1) of this section for a second time within a five year period, the contractor or subcontractor is subject to the sanctions prescribed in subsection (1) of this section and shall not be allowed to bid on any public works contract for one year. The one year period runs from the date of notice by the director of the determination of noncompliance. When an appeal is taken from the director's determination, the one year period commences from the date the notice of violation becomes final.
The director shall issue his or her findings that a contractor or subcontractor has violated the provisions of this subsection after a hearing held subject to the provisions of chapter 34.05 RCW, unless a notice of violation is not timely appealed. A notice of violation not timely appealed is final and binding, and not subject to further appeal.
[ 2023 c 88 s 3; 2019 c 242 s 3; 2009 c 219 s 3; 2001 c 219 s 1; 1985 c 15 s 3; 1977 ex.s. c 71 s 1; 1973 c 120 s 1; 1945 c 63 s 5; Rem. Supp. 1945 s 10322-24.]
Notes:
Effective date—Findings—2019 c 242: See notes following RCW 39.12.010.
Severability—1985 c 15: See note following RCW 39.12.065.

catchline: False statement, failure to file, or failure to post document required to be posted—Penalty—Unpaid wages lien against bond and retainage—Prohibitions on bidding on future contracts—Hearing—Exception.


title: RCW 39.12.055

text:
Except as otherwise provided in RCW 49.105.040, a contractor shall not be allowed to bid on any public works contract for one year from the date of a final determination that the contractor has committed any combination of two of the following violations or infractions within a five-year period:
(1) Violated RCW 51.48.020(1) or 51.48.103;
(2) Committed an infraction or violation under chapter 18.27, 18.106, 19.28, or 70.87 RCW for performing work as an unregistered or unlicensed contractor; or
(3) Determined to be out of compliance by the Washington state apprenticeship and training council for working apprentices out of ratio, without appropriate supervision, or outside their approved work processes as outlined in their standards of apprenticeship under chapter 49.04 RCW.
[ 2023 c 145 s 6; 2023 c 88 s 4; 2009 c 197 s 3; 2008 c 120 s 3.]
Notes:
Reviser's note: This section was amended by 2023 c 88 s 4 and by 2023 c 145 s 6, each without reference to the other. Both amendments are incorporated in the publication of this section under RCW 1.12.025(2). For rule of construction, see RCW 1.12.025(1).
Rules—Implementation—2009 c 197: See note following RCW 39.04.320.
Conflict with federal requirements—Severability—2008 c 120: See notes following RCW 18.27.030.

catchline: Prohibitions on bidding on future contracts.


title: RCW 39.12.060

text:
Such contract shall contain a further provision that in case any dispute arises as to what are the prevailing rates of wages for work of a similar nature and such dispute cannot be adjusted by the parties in interest, including labor and management representatives, the matter shall be referred for arbitration to the director of the department of labor and industries of the state and his or her decision therein shall be final and conclusive and binding on all parties involved in the dispute.
[ 1989 c 12 s 10; 1965 ex.s. c 133 s 4; 1945 c 63 s 6; Rem. Supp. 1945 s 10322-25.]
Notes:
Arbitration of disputes: Chapter 49.08 RCW.
Uniform arbitration act: Chapter 7.04A RCW.

catchline: Director of labor and industries to arbitrate disputes.


title: RCW 39.12.065

text:
(1) Upon complaint by an interested party, the director of labor and industries shall cause an investigation to be made to determine whether there has been compliance with this chapter and the rules adopted hereunder, and if the investigation indicates that a violation may have occurred, the department of labor and industries may issue a notice of violation for unpaid wages, penalties, and interest on all wages owed at one percent per month. A hearing shall be held following a timely appeal of the notice of violation in accordance with chapter 34.05 RCW. The director shall issue a written determination including his or her findings after the hearing unless a notice of violation is not timely appealed. A notice of violation not timely appealed is final and binding, and not subject to further appeal. A judicial appeal from the director's determination may be taken in accordance with chapter 34.05 RCW, with the prevailing party entitled to recover reasonable costs and attorneys' fees.
A complaint concerning nonpayment of the prevailing rate of wage shall be filed with the department of labor and industries no later than 60 days from the acceptance date of the public works project. The department may not charge a contractor or subcontractor with a violation of this section when responding to a complaint filed after the 60-day limit. The failure to timely file such a complaint does not prohibit the department from investigating the matter and recovering unpaid wages for the worker(s) within two years from the acceptance of the public works contract. The department may not investigate or recover unpaid wages if the complaint is filed after two years from the acceptance of a public works contract. The failure to timely file such a complaint also does not prohibit a claimant from pursuing a private right of action against a contractor or subcontractor for unpaid prevailing wages. The remedy provided by this section is not exclusive and is concurrent with any other remedy provided by law.
(2) To the extent that a contractor or subcontractor has not paid the prevailing rate of wage under a determination issued as provided in subsection (1) of this section, the director shall notify the agency awarding the public works contract of the amount of the violation found, and the awarding agency shall withhold, or in the case of a bond, the director shall proceed against the bond in accordance with the applicable statute to recover, such amount from the following sources in the following order of priority until the total of such amount is withheld:
(a) The retainage or bond in lieu of retainage as provided in RCW 60.28.011;
(b) If the claimant was employed by the contractor or subcontractor on the public works project, the bond filed by the contractor or subcontractor with the department of labor and industries as provided in RCW 18.27.040, 18.106.410, and 19.28.041;
(c) A surety bond, or at the contractor's or subcontractor's option an escrow account, running to the director in the amount of the violation found; and
(d) That portion of the progress payments which is properly allocable to the contractor or subcontractor who is found to be in violation of this chapter. Under no circumstances shall any portion of the progress payments be withheld that are properly allocable to a contractor, subcontractor, or supplier, that is not found to be in violation of this chapter.
The amount withheld shall be released to the director to distribute in accordance with the director's determination.
(3) A contractor or subcontractor that is found, in accordance with subsection (1) of this section, to have violated the requirement to pay the prevailing rate of wage is subject to a civil penalty of not less than $5,000 or an amount equal to 50 percent of the total prevailing wage violation found on the contract, whichever is greater, interest on all wages owed at one percent per month, and is not permitted to bid, or have a bid considered, on any public works contract until such civil penalty has been paid in full to the director. If a contractor or subcontractor is found to have participated in a violation of the requirement to pay the prevailing rate of wage for a second time within a five-year period, the contractor or subcontractor is subject to the sanctions prescribed in this subsection and as an additional sanction is not allowed to bid on any public works contract for two years. Civil penalties shall be deposited in the public works administration account. If a previous or subsequent violation of a requirement to pay a prevailing rate of wage under federal or other state law is found against the contractor or subcontractor within five years from a violation under this section, the contractor or subcontractor shall not be allowed to bid on any public works contract for two years. The two-year period runs from the date of notice by the director of the determination of noncompliance. When an appeal is taken from the director's determination, the two-year period commences from the date the notice of violation becomes final. A contractor or subcontractor is not barred from bidding on any public works contract if the contractor or subcontractor relied upon written information from the department to pay a prevailing rate of wage that is later determined to be in violation of this chapter. The civil penalty and sanctions under this subsection do not apply to a violation determined by the director to be an inadvertent filing or reporting error. The burden of proving, by a preponderance of the evidence, that an error is inadvertent rests with the contractor or subcontractor charged with the error. To the extent that a contractor or subcontractor has not paid the prevailing wage rate under a determination issued as provided in subsection (1) of this section, the unpaid wages constitute a lien against the bonds and retainage as provided herein and in RCW 18.27.040, 18.106.410, 19.28.041, 39.08.010, and 60.28.011.
(4) The director may waive or reduce a penalty or additional sanction under this section including, but not limited to, when the director determines the contractor or subcontractor paid all wages and interest or there was an inadvertent filing or reporting error. The director may not waive or reduce interest. The department of labor and industries shall submit a report of the waivers made under this section, including a justification for any waiver made, upon request of an interested party.
(5) If, after the department of labor and industries initiates an investigation and before a notice of violation of unpaid wages, the contractor or subcontractor pays the unpaid wages identified in the investigation, interest on all wages owed at one percent per month, and penalties in the amount of $1,000 or 20 percent of the total prevailing wage violation determined by the department of labor and industries, whichever is greater, then the violation is considered resolved without further penalty under subsection (3) of this section.
(6) A contractor or subcontractor may only utilize the process outlined in subsection (5) of this section if the department of labor and industries has not issued a notice of violation that resulted in final judgment under this section against that contractor or subcontractor in the last five-year period. If a contractor or subcontractor utilizes the process outlined in subsection (5) of this section for a second time within a five-year period, the contractor or subcontractor is subject to the sanctions prescribed in subsection (3) of this section and may not be allowed to bid on any public works contract for two years.
[ 2023 c 88 s 5; 2019 c 242 s 4; 2009 c 219 s 4; 2001 c 219 s 2; 1994 c 88 s 1; 1985 c 15 s 2.]
Notes:
Effective date—Findings—2019 c 242: See notes following RCW 39.12.010.
Severability—1985 c 15: "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." [ 1985 c 15 s 4.]

catchline: Investigation of complaints—Notice of violation—Hearing—Exception—Remedies—Penalties—Waiver or reduction.