title: RCW 70A.65.300

text:
(1) The department shall prepare, post on the department website, and submit to the appropriate committees of the legislature an annual report that identifies all distributions of moneys from the accounts created in RCW 70A.65.240 through 70A.65.280.
(2) The report must identify, at a minimum, the recipient of the funding, the amount of the funding, the purpose of the funding, the actual end result or use of the funding, whether the project that received the funding produced any verifiable reduction in greenhouse gas emissions or other long-term impact to emissions, and if so, the quantity of reduced greenhouse gas emissions, the cost per carbon dioxide equivalent metric ton of reduced greenhouse gas emissions, and a comparison to other greenhouse gas emissions reduction projects in order to facilitate the development of cost-benefit ratios for greenhouse gas emissions reduction projects.
(3) The department shall require by rule that recipients of funds from the accounts created in RCW 70A.65.240 through 70A.65.280 report to the department, in a form and manner prescribed by the department, the information required for the department to carry out the department's duties established in this section.
(4) The department shall update its website with the information described in subsection (2) of this section as appropriate but no less frequently than once per calendar year.
(5) The department shall submit its report to the appropriate committees of the legislature with the information described in subsection (2) of this section no later than September 30 of each year. For fiscal year 2025, the report must be submitted no later than November 30, 2024. During the 2025-2027 fiscal biennium, the report must be submitted no later than November 30 of each fiscal year.
[ 2025 c 424 s 975; 2024 c 376 s 912; 2021 c 316 s 46.]
Notes:
Effective date—2025 c 424: See note following RCW 9.46.100.
Effective date—2024 c 376: See note following RCW 43.101.200.
PDF
RCW 70A.65.300
Distributions of moneys—Annual report. (Effective July 1, 2027.)
(1) The department shall prepare, post on the department website, and submit to the appropriate committees of the legislature a report that identifies all distributions of moneys from the accounts created in RCW 70A.65.240, 70A.65.280, 70A.65.410, and 70A.65.420.
(2) The report must identify, at a minimum:
(a) The recipient of the funding, the amount of the funding, the purpose of the funding, the actual end result or use of the funding, whether the project that received the funding produced any verifiable reduction in greenhouse gas emissions or other long-term impact to emissions, and if so, the quantity of reduced greenhouse gas emissions, the cost per carbon dioxide equivalent metric ton of reduced greenhouse gas emissions, and a comparison to other greenhouse gas emissions reduction projects in order to facilitate the development of cost-benefit ratios for greenhouse gas emissions reduction projects; and
(b) The expenditures that provide direct and meaningful benefits to vulnerable populations within the boundaries of overburdened communities as described in RCW 70A.65.030 and 70A.65.230, and the expenditures that are supported by an Indian tribe as described in RCW 70A.65.230, including:
(i) The amount of each expenditure that provides direct and meaningful benefits to vulnerable populations within the boundaries of overburdened communities;
(ii) An explanation of how the expenditure provides such benefits;
(iii) The methods by which overburdened communities and vulnerable populations were identified by the agency and an explanation of the outcomes of those identification processes, including the geographic location impacted by the expenditure where relevant, and the geographic boundaries of overburdened communities identified by the agency; and
(iv) The amount of each expenditure used for programs, activities, or projects supported by an Indian tribe.
(3) The department shall require by rule that recipients of funds from the accounts created in RCW 70A.65.240 through 70A.65.280, 70A.65.410, and 70A.65.420 report to the department, in a form and manner prescribed by the department, the information required for the department to carry out the department's duties established in this section.
(4) After the conclusion of each fiscal year through fiscal year 2027, the department shall submit the report under this section to the appropriate committees of the legislature and update its website no later than December 31st of each year. Beginning with the 2027-2029 biennium, after the conclusion of each biennium the department shall submit the report on a biennial basis by December 31st of each odd-numbered year.
[ 2026 c 219 s 6; 2025 c 424 s 975; 2024 c 376 s 912; 2021 c 316 s 46.]
Notes:
Effective date—2026 c 219: See note following RCW 70A.65.410.
Effective date—2025 c 424: See note following RCW 9.46.100.
Effective date—2024 c 376: See note following RCW 43.101.200.

catchline: Distributions of moneys—Annual report. (Effective until July 1, 2027.)


doc_type: statute

jurisdiction: wa

title: RCW 70A.65.302

text:
(1) State agencies that receive or have received appropriations from the carbon emissions reduction account in an omnibus transportation appropriations act are required to report information to estimate emission reductions from fuel conversion activities funded from these appropriations to the legislature, as well as any requested information necessary for the estimation and analysis of projected and realized emission reductions, using the reporting tool developed by the joint transportation committee in accordance with section 204(7), chapter 472, Laws of 2023 in a form and manner prescribed by the joint transportation committee.
(2) Reports must include initial reporting of projected emission reductions at the time of expenditure and continued reporting of factors to be used to calculate estimated realized emission reductions in subsequent years.
(3) The reporting requirement in this section is in addition to the reporting requirements of RCW 70A.65.300.
(4) For purposes of this section, "fuel conversion" means the purchase of zero emission or hybrid electric vehicles, vessels, or off-road equipment and the charging or fueling infrastructure needed to support zero emission or hybrid electric vehicles or vessels.
[ 2025 c 417 s 814.]
Notes:
Effective date—2025 c 417 ss 101-103, 406, 701-709, 808-814, 1102, 1103, and 1305: See note following RCW 82.38.030.
Findings—Intent—2025 c 417: See note following RCW 82.38.030.
PDF
RCW 70A.65.302
Reporting of information—State agencies receiving appropriations from climate commitment act transportation account in an omnibus transportation appropriations act. (Effective July 1, 2027.)
(1) State agencies that receive or have received appropriations from the climate commitment act transportation account in an omnibus transportation appropriations act are required to report information to estimate emission reductions from fuel conversion activities funded from these appropriations to the legislature, as well as any requested information necessary for the estimation and analysis of projected and realized emission reductions, using the reporting tool developed by the joint transportation committee in accordance with section 204(7), chapter 472, Laws of 2023 in a form and manner prescribed by the joint transportation committee.
(2) Reports must include initial reporting of projected emission reductions at the time of expenditure and continued reporting of factors to be used to calculate estimated realized emission reductions in subsequent years.
(3) The reporting requirement in this section is in addition to the reporting requirements of RCW 70A.65.300.
(4) For purposes of this section, "fuel conversion" means the purchase of zero emission or hybrid electric vehicles, vessels, or off-road equipment and the charging or fueling infrastructure needed to support zero emission or hybrid electric vehicles or vessels.
[ 2026 c 219 s 17; 2025 c 417 s 814.]
Notes:
Effective date—2026 c 219: See note following RCW 70A.65.410.
Effective date—2025 c 417 ss 101-103, 406, 701-709, 808-814, 1102, 1103, and 1305: See note following RCW 82.38.030.
Findings—Intent—2025 c 417: See note following RCW 82.38.030.

license: public-domain-government-work

rule_set: Revised Code of Washington

catchline: Reporting of information—State agencies receiving appropriations from carbon emissions reduction account in an omnibus transportation appropriations act. (Effective until July 1, 2027.)

code: rcw

unit: section

court: Washington State Legislature


title: RCW 70A.65.305

text:
(1) Agencies that allocate funding or administer grant programs appropriated from the climate investment account created in RCW 70A.65.250, the climate commitment account created in RCW 70A.65.260, and the natural climate solutions account created in RCW 70A.65.270 must offer early, meaningful, and individual consultation with any affected federally recognized tribe on all funding decisions and funding programs that may impact tribal resources, including tribal cultural resources, archaeological sites, sacred sites, fisheries, or other rights and interests in tribal lands and lands within which a tribe or tribes possess rights reserved or protected by federal treaty, statute, or executive order. The consultation is independent of, and in addition to, any public participation process required by federal or state law, or by a federal or state agency, including the requirements of Executive Order 21-02 related to archaeological and cultural resources, and regardless of whether the agency receives a request for consultation from a federally recognized tribe. The goal of the consultation process is to identify tribal resources or rights potentially affected by the funding decisions and funding programs, assess their effects, and seek ways to avoid, minimize, or mitigate any adverse effects on tribal resources or rights.
(2) At the earliest possible date prior to submittal of an application, applicants for funding from the accounts created in RCW 70A.65.250, 70A.65.260, and 70A.65.270 shall engage in a preapplication process with all affected federally recognized tribes within the project area. During the 2023-2025 fiscal biennium, salmon habitat and climate resilience projects funded from the natural climate solutions account created in RCW 70A.65.270 that went through the application and prioritization process before July 1, 2023, are exempt from the preapplication requirements under this subsection.
(a) The preapplication process must include the applicant notifying the department of archaeology and historic preservation, the department of fish and wildlife, and all affected federally recognized tribes within the project area. The notification must include geographical location, detailed scope of the proposed project, preliminary application details available to federal, state, or local governmental jurisdictions, and all publicly available materials, including public funding sources.
(b) The applicant must also offer to discuss the project with the department of archaeology and historic preservation, the department of fish and wildlife, and all affected federally recognized tribes within the project area. Discussions may include the project's impact to tribal resources, including tribal cultural resources, archaeological sites, sacred sites, fisheries, or other rights and interests in tribal lands and lands within which a tribe or tribes possess rights reserved or protected by federal treaty, statute, or executive order.
(c) All affected federally recognized tribes may submit to the appropriate agency or agencies a summary of tribal issues, questions, concerns, or other statements regarding the project, which must become part of the official application file. The summary does not limit what issues affected federally recognized tribes may raise in the consultation process identified in subsections (1), (3) through (7), and (9) of this section.
(d) The notification and offer to initiate discussion must be documented with the application when it is filed, and a copy of the application must be delivered to the department of archaeology and historic preservation, the department of fish and wildlife, and to the affected federally recognized tribe or tribes. If the discussions pursuant to (b) of this subsection do not occur, the applicant must document the reason why the discussion or discussions did not occur.
(e) Nothing in this section may be interpreted to require the disclosure of information that is exempt from disclosure pursuant to RCW 42.56.300 or federal law, including section 304 of the national historic preservation act of 1966. Any information that is exempt from disclosure pursuant to RCW 42.56.300 or federal law, including section 304 of the national historic preservation act of 1966, shall not become part of the official application file.
(3) If any funding decision, program, project, or activity that may impact tribal resources, including tribal cultural resources, archaeological sites, sacred sites, fisheries, or other rights and interests in tribal lands and lands within which a tribe or tribes possess rights reserved by federal treaty, statute, or executive order is funded from the accounts created in RCW 70A.65.250, 70A.65.260, and 70A.65.270 without such a consultation with an affected federally recognized tribe, the affected federally recognized tribe may request that all further action on the decision, program, project, or activity cease until meaningful consultation is completed. Upon receipt of such a request by an agency or agencies with the authority to allocate funding or administer grant programs from the accounts listed in subsection (1) of this section in support of the proposed project, further action by the agency or agencies on any decision, program, project, or activity that would result in significant physical disturbance of the tribal resource or resources described in this subsection must cease until the consultation has been completed.
(4) Upon completion of agency and tribal consultation, an affected federally recognized tribe may request a formal review of the consultation by submitting a request to the governor's office of Indian affairs and notifying the appropriate agencies and the department of archaeology and historic preservation. The state agencies and tribe must meet to initiate discussion within no more than 20 days of the request. This consultation must be offered and conducted separately with each affected federally recognized tribe, unless the tribes agree to conduct a joint consultation with the state.
(5) After the state agencies and tribe or tribes have conducted a formal review under subsection (4) of this section, an affected federally recognized tribe or state agency may request that the governor and an elected tribal leader or leaders of a federally recognized tribal government meet to formally consider the recommendations from the parties. If requested, this meeting must occur within 30 days of the request, except that a federally recognized tribe may choose to opt out of the meeting. This timeline may be extended by mutual agreement between the governor and the tribal leaders.
(6) After the meeting identified in subsection (5) of this section has occurred, the governor or an elected tribal leader of a federally recognized tribe may call for the state and tribe or tribes to enter into formal mediation, except that a federally recognized tribe may choose to opt out of the mediation. If entered into, the mediation must be conducted as a government-to-government proceeding, with each sovereign government retaining their right to a final decision that meets their separate obligations and interests. Mediators must be jointly selected by the parties to the mediation. An agreement between the governor and a tribal leader or leaders resulting from the mediation is formally recognized and binding on the signatory parties. Absent an agreement, participation in mediation does not preclude any additional steps that any party can initiate, including legal review, to resolve a continuing disagreement.
(7) During the proceedings outlined in subsections (4) through (6) of this section, the agency or agencies with the authority to allocate funding or administer grant programs from the accounts listed in subsection (1) of this section in support of the proposed project may not approve or release funding, or make other formal decisions, including permitting, that advance the proposed project except where required by law.
(8) By June 30, 2023, the governor's office of Indian affairs, in coordination with the department of archaeology and historic preservation and federally recognized tribes, shall develop a state agency tribal consultation process, including best practices for early, meaningful, and effective consultation, early notification and engagement by applicants with federally recognized tribes as a part of the preapplication process in subsection (2) of this section, and protocols for communication and collaboration with federally recognized tribes. The consultation process developed under this section must be periodically reviewed and updated in coordination with federally recognized tribes. The governor's office of Indian affairs must provide training and other technical assistance to state agencies, as they implement the required consultation. Notwithstanding the governor's office of Indian affairs' ongoing work pursuant to this subsection, the provisions of subsections (1) through (7) and (9) of this section become effective as of June 9, 2022.
(9) The requirements of this section apply to local governments that receive funding from the accounts created in RCW 70A.65.250, 70A.65.260, and 70A.65.270, where that funding is disbursed to project and program applicants. Where requested, the governor's office of Indian affairs must provide training and other technical assistance to local government agencies as they implement the consultation requirements of this section.
(10) Any agency subject to or implementing this section may adopt rules in furtherance of its duties under this section.
(11) Subject to the availability of amounts appropriated for this specific purpose, the department must establish a tribal capacity grant program to provide funding to federally recognized tribes for the costs of implementing this section.
[ 2024 c 375 s 8004; 2022 c 253 s 1.]
Notes:
Effective date—2024 c 375: "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 [March 29, 2024]." [ 2024 c 375 s 8016.]
PDF
RCW 70A.65.305
Tribal consultation. (Effective July 1, 2027.)
(1) Agencies that allocate funding or administer grant programs appropriated from the climate commitment act operating account created in RCW 70A.65.410 and the climate commitment act capital account created in RCW 70A.65.420, including any new appropriations greater than $2,000,000 per biennium which fit the description of executive order 21-02, must offer early, meaningful, and individual consultation with any affected federally recognized tribe on all funding decisions and funding programs that may impact tribal resources, including tribal cultural resources, archaeological sites, sacred sites, fisheries, or other rights and interests in tribal lands and lands within which a tribe or tribes possess rights reserved or protected by federal treaty, statute, or executive order. The consultation is independent of, and in addition to, any public participation process required by federal or state law, or by a federal or state agency, including the requirements of Executive Order 21-02 related to archaeological and cultural resources, and regardless of whether the agency receives a request for consultation from a federally recognized tribe. The goal of the consultation process is to identify tribal resources or rights potentially affected by the funding decisions and funding programs, assess their effects, and seek ways to avoid, minimize, or mitigate any adverse effects on tribal resources or rights.
(2) At the earliest possible date prior to submittal of an application, applicants for funding from the accounts created in RCW 70A.65.410 and 70A.65.420 shall engage in a preapplication process with all affected federally recognized tribes within the project area.
(a) The preapplication process must include the applicant notifying the department of archaeology and historic preservation, the department of fish and wildlife, and all affected federally recognized tribes within the project area. The notification must include geographical location, detailed scope of the proposed project, preliminary application details available to federal, state, or local governmental jurisdictions, and all publicly available materials, including public funding sources.
(b) The applicant must also offer to discuss the project with the department of archaeology and historic preservation, the department of fish and wildlife, and all affected federally recognized tribes within the project area. Discussions may include the project's impact to tribal resources, including tribal cultural resources, archaeological sites, sacred sites, fisheries, or other rights and interests in tribal lands and lands within which a tribe or tribes possess rights reserved or protected by federal treaty, statute, or executive order.
(c) All affected federally recognized tribes may submit to the appropriate agency or agencies a summary of tribal issues, questions, concerns, or other statements regarding the project, which must become part of the official application file. The summary does not limit what issues affected federally recognized tribes may raise in the consultation process identified in subsections (1), (3) through (7), and (9) of this section.
(d) The notification and offer to initiate discussion must be documented with the application when it is filed, and a copy of the application must be delivered to the department of archaeology and historic preservation, the department of fish and wildlife, and to the affected federally recognized tribe or tribes. If the discussions pursuant to (b) of this subsection do not occur, the applicant must document the reason why the discussion or discussions did not occur.
(e) Nothing in this section may be interpreted to require the disclosure of information that is exempt from disclosure pursuant to RCW 42.56.300 or federal law, including section 304 of the national historic preservation act of 1966. Any information that is exempt from disclosure pursuant to RCW 42.56.300 or federal law, including section 304 of the national historic preservation act of 1966, shall not become part of the official application file.
(3) If any funding decision, program, project, or activity that may impact tribal resources, including tribal cultural resources, archaeological sites, sacred sites, fisheries, or other rights and interests in tribal lands and lands within which a tribe or tribes possess rights reserved by federal treaty, statute, or executive order is funded from the accounts created in RCW 70A.65.410 and 70A.65.420 without such a consultation with an affected federally recognized tribe, the affected federally recognized tribe may request that all further action on the decision, program, project, or activity cease until meaningful consultation is completed. Upon receipt of such a request by an agency or agencies with the authority to allocate funding or administer grant programs from the accounts listed in subsection (1) of this section in support of the proposed project, further action by the agency or agencies on any decision, program, project, or activity that would result in significant physical disturbance of the tribal resource or resources described in this subsection must cease until the consultation has been completed.
(4) Upon completion of agency and tribal consultation, an affected federally recognized tribe may request a formal review of the consultation by submitting a request to the governor's office of Indian affairs and notifying the appropriate agencies and the department of archaeology and historic preservation. The state agencies and tribe must meet to initiate discussion within no more than 20 days of the request. This consultation must be offered and conducted separately with each affected federally recognized tribe, unless the tribes agree to conduct a joint consultation with the state.
(5) After the state agencies and tribe or tribes have conducted a formal review under subsection (4) of this section, an affected federally recognized tribe or state agency may request that the governor and an elected tribal leader or leaders of a federally recognized tribal government meet to formally consider the recommendations from the parties. If requested, this meeting must occur within 30 days of the request, except that a federally recognized tribe may choose to opt out of the meeting. This timeline may be extended by mutual agreement between the governor and the tribal leaders.
(6) After the meeting identified in subsection (5) of this section has occurred, the governor or an elected tribal leader of a federally recognized tribe may call for the state and tribe or tribes to enter into formal mediation, except that a federally recognized tribe may choose to opt out of the mediation. If entered into, the mediation must be conducted as a government-to-government proceeding, with each sovereign government retaining their right to a final decision that meets their separate obligations and interests. Mediators must be jointly selected by the parties to the mediation. An agreement between the governor and a tribal leader or leaders resulting from the mediation is formally recognized and binding on the signatory parties. Absent an agreement, participation in mediation does not preclude any additional steps that any party can initiate, including legal review, to resolve a continuing disagreement.
(7) During the proceedings outlined in subsections (4) through (6) of this section, the agency or agencies with the authority to allocate funding or administer grant programs from the accounts listed in subsection (1) of this section in support of the proposed project may not approve or release funding, or make other formal decisions, including permitting, that advance the proposed project except where required by law.
(8) By June 30, 2023, the governor's office of Indian affairs, in coordination with the department of archaeology and historic preservation and federally recognized tribes, shall develop a state agency tribal consultation process, including best practices for early, meaningful, and effective consultation, early notification and engagement by applicants with federally recognized tribes as a part of the preapplication process in subsection (2) of this section, and protocols for communication and collaboration with federally recognized tribes. The consultation process developed under this section must be periodically reviewed and updated in coordination with federally recognized tribes. The governor's office of Indian affairs must provide training and other technical assistance to state agencies, as they implement the required consultation. Notwithstanding the governor's office of Indian affairs' ongoing work pursuant to this subsection, the provisions of subsections (1) through (7) and (9) of this section become effective as of June 9, 2022.
(9) The requirements of this section apply to local governments that receive funding from the accounts created in RCW 70A.65.410 and 70A.65.420, where that funding is disbursed to project and program applicants. Where requested, the governor's office of Indian affairs must provide training and other technical assistance to local government agencies as they implement the consultation requirements of this section.
(10) Any agency subject to or implementing this section may adopt rules in furtherance of its duties under this section.
(11) Subject to the availability of amounts appropriated for this specific purpose, the department must establish a tribal capacity grant program to provide funding to federally recognized tribes for the costs of implementing this section.
[ 2026 c 219 s 13; 2024 c 375 s 8004; 2022 c 253 s 1.]
Notes:
Effective date—2026 c 219: See note following RCW 70A.65.410.
Effective date—2024 c 375: "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 [March 29, 2024]." [ 2024 c 375 s 8016.]

catchline: Tribal consultation. (Effective until July 1, 2027.)


title: RCW 70A.65.310

text:
(1) A covered or opt-in entity has a compliance obligation for its emissions during each compliance period, with the first compliance period commencing January 1, 2023. The department shall by rule require that covered or opt-in entities annually transfer a percentage of compliance instruments, but must fully satisfy their compliance obligation, for each compliance period. To ensure that the program created in this chapter remains implementable and capable of fulfilling a linkage agreement under RCW 70A.65.210, the department may, by rule, including emergency rule, delay or adjust the annual requirement to transfer a percentage of compliance instruments for any years for which emissions reporting deadlines are adjusted by the department under RCW 70A.15.2200(5)(a)(ii)(B).
(2) Compliance occurs through the transfer of the required compliance instruments or price ceiling units, on or before the transfer date, from the holding account to the compliance account of the covered or opt-in entity as described in RCW 70A.65.080.
(3)(a) A covered entity may substitute the submission of compliance instruments with price ceiling units.
(b) A covered or opt-in entity submitting insufficient compliance instruments to meet its compliance obligation is subject to a penalty as provided in RCW 70A.65.200.
(4) Older vintage allowances must be retired before newer vintage allowances.
(5) Upon receipt by the department of all compliance instruments transferred by a covered entity or opt-in entity to meet its compliance obligation, the department shall retire the allowances or offset credits.
[ 2025 c 320 s 6; 2024 c 352 s 10; 2022 c 181 s 2.]
Notes:
Contingent effective date—2024 c 352: See note following RCW 70A.65.010.

catchline: Covered or opt-in entity compliance obligation.


title: RCW 70A.65.320

text:
(1) A federal power marketing administration may elect to voluntarily participate in the program by registering as an opt-in entity pursuant to the requirements of this section.
(2) In registering as an opt-in entity under this section, a federal power marketing administration may assume the compliance obligations associated with either:
(a) All electricity marketed in the state by the federal power marketing administration; or
(b) Only the electricity marketed by the federal power marketing administration in the state through a centralized electricity market.
(3) A federal power marketing administration that voluntarily elects to comply with the program must register with the department as an opt-in entity at least 90 days prior to January 1st of the calendar year in which the federal power marketing administration would assume the compliance obligations associated with federally marketed electricity in the state, in accordance with the requirements of this section.
(4) If a federal power marketing administration registers as an opt-in entity under this section, then beginning January 1st of the calendar year in which the federal power marketing administration would assume the compliance obligations associated with federally marketed electricity in the state, a covered or opt-in entity must not include in its covered emissions the emissions associated with federally marketed electricity in the state for which the federal power marketing administration has assumed the compliance obligation.
(5) After consulting with a federal power marketing administration, the department must determine the appropriate registration requirements for that federal power marketing administration.
(6)(a) An electric utility may voluntarily elect to transfer all or a designated number of the utility's allowances allocated at no cost to a federal power marketing administration registered as an opt-in entity under this section to be used for direct compliance. An electric utility wishing to transfer allowances allocated at no cost from the utility's holding account to a holding account of a federal power marketing administration to be used for direct compliance may submit a request to the department requesting the transfer and providing the following information:
(i) The electric utility's holding account number;
(ii) The holding account number of the federal power marketing administration;
(iii) The number and vintage of no cost allowances to be transferred; and
(iv) The relationship between the electric utility and the federal power marketing administration.
(b) The department may transfer the allowances only if:
(i) The electric utility has an agreement to purchase electricity from the federal power marketing administration, or a power purchase agreement, including a custom product contract, with the federal power marketing administration; and
(ii) The transfer does not violate the federal power marketing administration's holding limit.
(7)(a) In addition to the manual transfer request process provided under subsection (6) of this section, the department must also provide for an optional process by which an electric utility may approve the automatic distribution of all or a designated number of the utility's allowances allocated at no cost directly into a holding account of a federal power marketing administration to be used for direct compliance, without first being distributed to the utility's holding account.
(b) An electric utility receiving an allocation of allowances at no cost must inform the department by September 1st of each year of the accounts into which the allocation or a portion of the allocation is to be automatically distributed under this subsection. If an electric utility fails to submit its distribution preference by September 1st, the department must automatically place all directly allocated allowances for the following calendar year into the electric utility's holding account. Nothing in this subsection (7)(b) precludes an electric utility from requesting a manual transfer of allowances under subsection (6) of this section after September 1st of each year.
[ 2024 c 352 s 11.]
Notes:
Contingent effective date—2024 c 352: See note following RCW 70A.65.010.

catchline: Federal power marketing administration—Voluntary participation in program—Registration—Transfer of allowances.


title: RCW 70A.65.330

text:
(1) The department shall provide analysis and forecasts of the compliance instrument markets created by this chapter, including:
(a) The prices in primary and secondary compliance instrument markets;
(b) Trends in compliance instrument supply and demand and prices;
(c) Activities in the markets, categorized by type of market participant; and
(d) The share of the allowance budget consumed by various categories of registered entities.
(2) The department must consider the analysis in subsection (1) of this section in adopting rules and otherwise implementing the requirements of this chapter.
[ 2025 c 320 s 1.]

catchline: Compliance instrument markets—Analysis.


title: RCW 70A.65.340

text:
(1) The department shall periodically perform economic modeling for purposes of analyzing design features of the program created by this chapter. This analysis must include the following components:
(a) A baseline model assuming implementation of complementary emission reduction measures; and
(b) Additional modeling scenarios that department staff deem necessary, which must include current available technology and known adoption rates to better understand how to administer the program created by this chapter.
(2) Not later than December 31, 2026, the department must include a modeling scenario that reflects linkage with other jurisdictions.
(3) The department must post on its website the economic modeling results by December 31, 2026. The department must post updated economic modeling results by December 31, 2027, and by December 31st every two years thereafter.
(4) Economic modeling results posted by the department must contain:
(a) An estimate of program benefits including the total social cost of carbon;
(b) An estimate of the compliance cost for sectors regulated under this chapter;
(c) The department's identification of program design features contributing towards achieving the emission reduction limits established in RCW 70A.45.020; and
(d) A description of assumptions, policy decisions, and model design used in the baseline and each additional modeling scenario.
[ 2025 c 320 s 2.]

catchline: Periodic economic modeling.


title: RCW 70A.65.350

text:
(1) By December 1, 2026, the department shall provide recommendations for the consideration of the legislature regarding the schedule of allowances to be provided to emissions-intensive, trade-exposed facilities specified in RCW 70A.65.110 from January 1, 2035, through January 1, 2050.
(2) Recommendations in the report due December 1, 2026, must identify:
(a) A proposed method for making annual reductions to emissions-intensive, trade-exposed facility allowance allocation that would ensure against leakage and ensure total no-cost allowances allocated to emissions-intensive, trade-exposed facilities do not conflict with the annual allowance budgets established by the department under RCW 70A.65.070 and do not prohibit the state from achieving the emissions limits established in RCW 70A.45.020, including the percentage reductions in emissions-intensive, trade-exposed facility allowance allocation that would be applied each year from January 1, 2035, through January 1, 2050;
(b) Proposed criteria and methods to make adjustments to allowances allocated at no cost to emissions-intensive, trade-exposed facilities to address significant changes in leakage risk and to achieve the purposes of the greenhouse gas emissions cap and invest program established under this chapter including, but not limited to, the achievement of emissions limits established in RCW 70A.45.020;
(c) The proposed design of an allowance allocation policy or method that would require a portion of the allowances provided at no cost to emissions-intensive, trade-exposed facilities to be consigned to auction and for the proceeds to be invested in projects or programs for reducing greenhouse gas emissions at the emissions-intensive, trade-exposed facilities from which they were consigned, including the percentage of allowances to be consigned to auction and proposed criteria and methods for the distribution and use of consigned funds at each emissions-intensive, trade-exposed facility;
(d) Additional state policies or strategies that may be necessary to support the reduction of emissions and decarbonization of emissions-intensive, trade-exposed facilities in support of the achievement of emissions limits established in RCW 70A.45.020, including how to address technological and economic feasibility and infeasibility, and other barriers to implementation; and
(e) Provisions of this chapter or other state laws that need to be amended to implement the recommendations developed by the department under this section.
(3) In developing these recommendations, the department must consider input received from representatives of the facilities listed in RCW 70A.65.110(1), covered entities, environmental advocates, overburdened communities, tribes, subject matter experts, and the public, and should consider:
(a) Anticipated demand for allowances from emissions-intensive, trade-exposed facilities and other covered entities through 2050;
(b) Potential for deployment of technologies and strategies for reducing emissions at emissions-intensive, trade-exposed facilities through 2050 and other facility-specific or industry-specific factors, including consideration of factors that may affect deployment of these technologies and strategies, such as technical and economic feasibility and infeasibility;
(c) Potential impacts of implementing the recommendations on overburdened communities and vulnerable populations; and
(d) Interactions with other state policies and programs designed to reduce greenhouse gas emissions and achieve statewide emissions limits established in RCW 70A.45.020.
(4) In addition to these recommendations, the department may include information on additional state policies or strategies that incentivize emissions-intensive, trade-exposed facilities to use lower-carbon raw materials, recycled materials, or material substitutions, to reduce the emissions attributable to the manufacture of an individual good or goods in the state.
(5) This section expires July 1, 2029.
[ 2026 c 253 s 2.]

catchline: Emissions-intensive, trade-exposed facilities—Report to legislature—Recommendations. (Expires July 1, 2029.)


title: RCW 70A.65.400

text:
(1) By October 1, 2025, the department must post and periodically update on its website a directory tool, by county and, if applicable, city, of the name and address of each retail fuel seller of exempt agricultural fuel under RCW 70A.65.080(7)(e) that has notified the department under subsection (3) of this section including, but not limited to, retail fuel sellers that rely on a cardholder or membership program and exempt fuel purchase aggregators. The department may only identify in the directory entities that make available exempt agricultural fuel under RCW 70A.65.080(7)(e) for purchase at a price that is different than the price of fuel that is not exempt under RCW 70A.65.080(7)(e). The directory tool must allow a user to use a simple search function to find a retail seller of exempt agricultural fuel in a specific jurisdiction within the state.
(2)(a) By October 1, 2025, the department must publish on its website a guide for potentially eligible users of exempt agricultural fuel under RCW 70A.65.080(7)(e) that describes:
(i) In consultation with the department of licensing, the mechanisms by which the exempt fuel user may obtain a remittance; or
(ii) The mechanisms by which the exempt fuel user may purchase exempt fuel including, but not limited to, exempt fuel purchase aggregators and cardholder or membership-based payment options offered by private parties. The information that the department is required to publish under this subsection is limited to information that is voluntarily disclosed by retail fuel sellers or exempt fuel purchase aggregators.
(b) This guide must include a description of the information submission and procedural requirements associated with obtaining a remittance payment under the remittance program implemented by the department of licensing.
(3) A retail fuel seller including, but not limited to, an exempt fuel purchase aggregator or cardholder or membership-based payment option, may voluntarily notify the department of locations where exempt agricultural fuel under RCW 70A.65.080(7)(e) is available for purchase, including contact information for the location, types of exempt fuel for sale, and the address and latitude and longitude of each location.
(4) Nothing in this section establishes, limits, or otherwise alters the obligation of a person to be a covered or opt-in entity under RCW 70A.65.080, an opt-in entity under RCW 70A.65.090(3), or to report emissions under RCW 70A.15.2200. Nothing in this section makes a fuel seller that is not a covered entity under this chapter subject to the penalties provided in RCW 70A.65.200(5).
(5) It is the intent of the legislature to pair the activities described in this section with a continuation, through the 2025-2027 biennium of the payment program for exempt fuel specified in RCW 70A.65.080(7)(e) implemented by the department of licensing as required by the 2024 supplemental omnibus operating appropriations act, ESSB [Engrossed Substitute Senate Bill No.] 5950. It is the intent of the legislature that the department of licensing's remittance program include payments to farm fuel users who purchased kerosene or natural gas for agricultural purposes.
(6) For purposes of this section "exempt fuel purchase aggregator" means a for-profit or nonprofit entity that makes exempt agricultural fuel available to customers for purchase at a differential rate than the rate charged for nonexempt fuels, and that has established procedures for verifying that the fuel purchased qualifies as exempt, as well as procedures for tracking and reporting the volumes of exempt fuel sales to covered or opt-in entities from which the aggregator purchases fuel.
[ 2025 c 282 s 1.]
Notes:
Effective date—2025 c 282: "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 15, 2025]." [ 2025 c 282 s 3.]

catchline: Retail fuel sellers directory—Exempt agricultural fuels.


title: RCW 70A.65.410

text:
(1) The climate commitment act operating account is created in the state treasury. Receipts from the auction of allowances authorized in this chapter must be deposited into the account as provided in RCW 70A.65.100. Moneys in the account may be spent only after appropriation. The legislature intends expenditures from the account to supplement, not supplant, existing expenditures for similar purposes. Expenditures from the account may be used only for the following purposes:
(a) The department's costs to administer the program under this chapter, in an amount not to exceed $25,000,000 per fiscal year adjusted by the implicit price deflator averaged for each fiscal year, as described in RCW 70A.65.100(7)(a);
(b) Programs, activities, and projects in the operating budget that reduce greenhouse gas emissions, increase resilience to the impacts of climate change, result in long-term environmental benefits, or otherwise achieve the purposes of this chapter;
(c) Tribal capacity grants for tribal consultation under RCW 70A.65.305 or tribal projects and activities related to climate resilience and adaptation, clean energy, state or federal grant funding applications, or other related work;
(d) The working families' tax credit in RCW 82.08.0206;
(e) The same authorized uses as the growth management planning and environmental review fund established in RCW 36.70A.490;
(f) Reduction and mitigation of impacts from greenhouse gases and copollutants in overburdened communities, including strengthening the air quality monitoring network required in RCW 70A.65.020;
(g) Projects or activities to promote electrification or reduce the greenhouse gas emissions associated with electricity production, distribution, or consumption, including: (i) Utility-scale renewable resources and nonemitting electric generation, as those terms are defined in RCW 19.405.020; (ii) distributed generation; (iii) utility-scale and behind-the-meter energy storage; (iv) demand-side technologies and strategies; (v) grid modernization projects; and (vi) research, development, demonstration, or deployment of new and emerging clean firm energy generation or storage technologies;
(h) Increased energy efficiency or reduced greenhouse gas emissions for industrial facilities including, but not limited to, combined heat and power, district energy, on-site renewables such as solar and wind power, and less emissions-intensive fuel sources;
(i) Increased energy efficiency or reduced greenhouse gas emissions for the agricultural sector including, but not limited to, fertilizer management, soil management, bioenergy, biofuels, grants and other financial incentives for agricultural equipment or food processing, renewable energy projects, farmworker housing weatherization programs, dairy digester research and development, alternative manure management, and the sustainable farms and fields grant program under RCW 89.08.615;
(j) Increased energy efficiency or reduced greenhouse gas emissions in new and existing residential, commercial, and industrial buildings, including low carbon architecture, alternative building materials that result in a lower carbon footprint over the life cycle of the building and component building materials, electric appliances, and equipment for space and water heating;
(k) The expansion of clean manufacturing capacity in communities across Washington, including related community investments such as transportation, municipal service delivery, and technology investments, with an emphasis on communities in greatest need of job creation and economic development and potential for commute reduction;
(l) Improved energy affordability and reduced energy burden for people with lower incomes, including bill assistance, energy efficiency and weatherization programs, and community renewable energy projects that allow qualifying participants to own or receive the benefits of those projects at reduced or no cost;
(m) Assistance for affected fossil fuel workers during the transition to a clean energy economy, including (i) full wage replacement, health benefits, and pension contributions for every worker within five years of retirement; (ii) full wage replacement, health benefits, and pension contributions for every worker with at least one year of service for each year of service up to five years of service; (iii) wage insurance for up to five years for workers reemployed who have more than five years of service; (iv) up to two years of retraining costs, including tuition and related costs, based on in-state community and technical college costs; (v) peer counseling services during transition; (vi) employment placement services, prioritizing employment in the clean energy sector; (vii) relocation expenses; and (viii) workforce development, including forest health workforce initiatives under RCW 76.04.521 and education or jobs related to the clean energy economy;
(n) Reduced emissions from landfills and waste-to-energy facilities through diversion of organic materials, methane capture or conversion strategies, installation of gas collection devices and gas control systems, monitoring and reporting of methane emissions, or other means, prioritizing funding needed for any activities by local governments to comply with chapter 70A.540 RCW;
(o) Carbon dioxide removal and carbon dioxide capture and mineralization or sequestration;
(p) Activities to support efforts to mitigate and adapt to the effects of climate change affecting Indian tribes;
(q) Environmental justice activities, including implementation of chapter 70A.02 RCW;
(r) Electric vehicles and related costs, such as equipment and infrastructure, and alternative fuel;
(s) Clean water investments that improve resilience from climate impacts. Funding under this subsection (1)(s) must be used to:
(i) Restore and protect estuaries, fisheries, and marine shoreline habitats and prepare for sea level rise;
(ii) Increase carbon storage in the ocean or aquatic and coastal ecosystems;
(iii) Increase the ability to remediate and adapt to the impacts of ocean acidification;
(iv) Reduce flood risk and restore natural floodplain ecological function;
(v) Increase the sustainable supply of water and improve aquatic habitat, including groundwater mapping and modeling;
(vi) Improve infrastructure treating stormwater from previously developed areas within an urban growth boundary designated under chapter 36.70A RCW, with a preference given to projects that use green stormwater infrastructure;
(vii) Either retain or increase, or both, greenhouse gas sequestration and storage benefits from forests, forested wetlands, agricultural soils, tidally influenced agricultural or grazing lands, or freshwater, saltwater, or brackish aquatic lands; or
(viii) Either preserve or establish, or both, greenhouse gas sequestration by protecting or planting trees in marine shorelines and freshwater riparian areas sufficient to promote climate resilience, protect cold water fisheries, and achieve water quality standards;
(t) Healthy forest investments to improve resilience from climate impacts, including but not limited to: (i) Increased forest and community resilience to wildfire; and (ii) improved forest health, including reduced vulnerability to changes in hydrology, insect infestation, and other impacts of climate change; and
(u) Payments to agricultural fuel purchasers.
(2) The legislature intends that at least 25 percent of the total appropriations each biennium from this account and the climate commitment act capital account created in RCW 70A.65.420 are made for the purposes of the clean water and healthy forest investments in subsection (1)(s) and (t) of this section or RCW 70A.65.420(1) (m) and (n).
(3) Moneys in the account may not be used for projects or activities that would violate tribal treaty rights or result in significant long-term damage to critical habitat or ecological functions.
(4) Projects or activities funded from the account must meet high labor standards, including: (a) Employer-paid sick leave programs and other health care benefits; (b) employer-contributed retirement plans; (c) pay practices in relation to living wage indicators, such as the federal poverty level; (d) efforts to evaluate pay equity based on gender identity, race, and other protected status under Washington law; (e) career development opportunities, such as apprenticeship programs, internships, job-shadowing, and on-the-job training; and (f) employment assistance and employment barriers for justice-affected individuals.
(5) Projects or activities funded from the account must maximize access to economic benefits from such projects for local workers and diverse businesses.
[ 2026 c 219 s 1.]
Notes:
Effective date—2026 c 219: "This act takes effect July 1, 2027." [ 2026 c 219 s 22.]

catchline: Climate commitment act operating account. (Effective July 1, 2027.)


title: RCW 70A.65.420

text:
(1) The climate commitment act capital account is created in the state treasury. Receipts from the auction of allowances authorized in this chapter must be deposited into the account as provided in RCW 70A.65.100. Moneys in the account may be spent only after appropriation. The legislature intends expenditures from the account to supplement, not supplant, existing expenditures for similar purposes. Expenditures from the account may be used only for the following purposes:
(a) Programs, activities, and projects in the capital budget that reduce greenhouse gas emissions, increase resilience to the impacts of climate change, result in long-term environmental benefits, or otherwise achieve the purposes of this chapter;
(b) Reduction and mitigation of impacts from greenhouse gases and copollutants in overburdened communities, including strengthening the air quality monitoring network required in RCW 70A.65.020;
(c) Projects or activities to promote electrification or reduce the greenhouse gas emissions associated with electricity production, distribution, or consumption, including: (i) Utility-scale renewable resources and nonemitting electric generation, as those terms are defined in RCW 19.405.020; (ii) distributed generation; (iii) utility-scale and behind-the-meter energy storage; (iv) demand-side technologies and strategies; (v) grid modernization projects; and (vi) research, development, demonstration, or deployment of new and emerging clean firm energy generation or storage technologies;
(d) Increased energy efficiency or reduced greenhouse gas emissions for industrial facilities including, but not limited to, combined heat and power, district energy, on-site renewables such as solar and wind power, and less emissions-intensive fuel sources;
(e) Increased energy efficiency or reduced greenhouse gas emissions for the agricultural sector including, but not limited to, fertilizer management, soil management, bioenergy, biofuels, grants and other financial incentives for agricultural equipment or food processing, renewable energy projects, farmworker housing weatherization programs, dairy digester research and development, and alternative manure management;
(f) Increased energy efficiency or reduced greenhouse gas emissions in new and existing residential, commercial, and industrial buildings, including low carbon architecture, alternative building materials that result in a lower carbon footprint over the life cycle of the building and component building materials, electric appliances, and equipment for space and water heating;
(g) The expansion of clean manufacturing capacity in communities across Washington, including related community investments such as transportation, municipal service delivery, and technology investments, with an emphasis on communities in greatest need of job creation and economic development and potential for commute reduction;
(h) Improved energy affordability and reduced energy burden for people with lower incomes, including energy efficiency and weatherization programs, and community renewable energy projects that allow qualifying participants to own or receive the benefits of those projects at reduced or no cost;
(i) Reduced emissions from landfills and waste-to-energy facilities through diversion of organic materials, methane capture or conversion strategies, installation of gas collection devices and gas control systems, monitoring and reporting of methane emissions, or other means, prioritizing funding needed for any activities by local governments to comply with chapter 70A.540 RCW;
(j) Carbon dioxide removal and carbon dioxide capture and mineralization or sequestration;
(k) Activities to support efforts to mitigate and adapt to the effects of climate change affecting Indian tribes, including capital investments in support of the relocation of Indian tribes located in areas at heightened risk due to anticipated sea level rise, flooding, or other disturbances caused by climate change. The legislature intends to dedicate at least $50,000,000 per biennium from the account for purposes of this subsection when the department's most recent baseline climate commitment act forecast projects $1,000,000,000 or more for the biennium in total revenue to the state. When the department's most recent baseline climate commitment act forecast projects less than $1,000,000,000 for the biennium, the legislature intends to dedicate at least five percent of total projected revenue to the state for the biennium for the purposes of this subsection;
(l) Electric vehicle infrastructure, including infrastructure in buildings;
(m) Clean water investments that improve resilience from climate impacts. Funding under this subsection (1)(m) must be used to:
(i) Restore and protect estuaries, fisheries, and marine shoreline habitats and prepare for sea level rise;
(ii) Make fish passage correction investments, such as those identified in the cost-share barrier removal program for small forestland owners created in RCW 76.13.150 and those that are considered by the fish passage barrier removal board created in RCW 77.95.160;
(iii) Increase carbon storage in the ocean or aquatic and coastal ecosystems;
(iv) Increase the ability to mitigate, remediate, and adapt to the impacts of ocean acidification;
(v) Reduce flood risk and restore natural floodplain ecological function;
(vi) Increase the sustainable supply of water and improve aquatic habitat, including groundwater mapping and modeling;
(vii) Improve infrastructure treating stormwater from previously developed areas within an urban growth boundary designated under chapter 36.70A RCW, with a preference given to projects that use green stormwater infrastructure;
(viii) Either preserve or increase, or both, greenhouse gas sequestration and storage benefits in forests, forested wetlands, agricultural soils, tidally influenced agricultural or grazing lands, or freshwater, saltwater, or brackish aquatic lands; or
(ix) Either preserve or establish, or both, greenhouse gas sequestration by protecting or planting trees in marine shorelines and freshwater riparian areas sufficient to promote climate resilience, protect cold water fisheries, and achieve water quality standards; and
(n) Healthy forest investments to improve resilience from climate impacts. Funding under this subsection (1)(n) must be used for projects that will:
(i) Increase forest and community resilience to wildfire in the face of increased seasonal temperatures and drought;
(ii) Improve forest health and reduce vulnerability to changes in hydrology, insect infestation, and other impacts of climate change; or
(iii) Prevent emissions by retaining natural and working lands against the threat of conversion to development or loss of critical habitat, through actions that include, but are not limited to, the creation of new conservation lands, community forests, or increased support to small forestland owners through assistance programs including, but not limited to, the forest riparian easement program and the family forest fish passage program. It is the intent of the legislature that not less than $10,000,000 be expended each biennium for the forestry riparian easement program created in chapter 76.13 RCW or for riparian easement projects funded under the agricultural conservation easements program established under RCW 89.08.530, or similar riparian enhancement programs when the department's most recent baseline climate commitment act forecast projects $1,000,000,000 or more for that biennium in total revenue to the state. When the department's most recent baseline climate commitment act forecast projects less than $1,000,000,000 for that biennium, the legislature intends to dedicate at least one percent of total projected revenue to the state for the biennium for the purposes of the forestry riparian easement program and similar programs.
(2) The legislature intends that at least 25 percent of the total appropriations each biennium from this account and the climate commitment act operating account created in RCW 70A.65.410 are made for the purposes of the clean water and healthy forest investments in subsection (1)(m) and (n) of this section and RCW 70A.65.410(1) (s) and (t).
(3) Moneys in the account may not be used for projects or activities that would violate tribal treaty rights or result in significant long-term damage to critical habitat or ecological functions.
(4) Moneys in the account must be spent in a manner that is consistent with scientific assessment of current and future climate risks such as those encompassed in the state's current climate resilience strategy developed under chapter 70A.05 RCW.
[ 2026 c 219 s 2.]
Notes:
Climate commitment act accounts transfer—2026 c 219: "(1) Following the fiscal closure of the 2025-2027 biennium, the state treasurer must transfer the remaining balance of the climate investment account created in RCW 70A.65.250, the climate commitment account created in RCW 70A.65.260, and the natural climate solutions account created in RCW 70A.65.270 into the climate commitment act capital account created in section 2 of this act.
(2) After the effective date of this section, the state treasurer must transfer any amounts directed to be deposited into the climate investment account created in RCW 70A.65.250, the climate commitment account created in RCW 70A.65.260, or the natural climate solutions account created in RCW 70A.65.270 into the climate commitment act capital account created in section 2 of this act." [ 2026 c 219 s 7.]
Effective date—2026 c 219: See note following RCW 70A.65.410.

catchline: Climate commitment act capital account. (Effective July 1, 2027.)


title: RCW 70A.65.900

text:
This act may be known and cited as the Washington climate commitment act.
[ 2021 c 316 s 37.]

catchline: Short title—2021 c 316.


title: RCW 70A.65.901

text:
(1) RCW 70A.65.060 through 70A.65.210, and any rules adopted by the department of ecology to implement the program established under those sections, are suspended on December 31, 2055, in the event that the department of ecology determines by December 1, 2055, that the 2050 emissions limits of RCW 70A.45.020 have been met for two or more consecutive years.
(2) Upon the occurrence of the events identified in subsection (1) of this section, the department of ecology must provide written notice of the suspension date of RCW 70A.65.060 through 70A.65.210 to affected parties, the chief clerk of the house of representatives, the secretary of the senate, the office of the code reviser, and others as deemed appropriate by the department.
[ 2021 c 316 s 39.]

catchline: Suspension of certain sections and rules.


title: RCW 71.02.490

text:
The United States veterans' administration, or other United States government agency, or the chief officer of a private facility shall have the same powers as are conferred upon the superintendent of a state hospital with reference to retention, transfer, parole, or discharge of mentally ill persons ordered hospitalized in their facilities.
[ 1959 c 25 s 71.02.490. Prior: 1951 c 139 s 26.]
Notes:
Commitment to veterans' administration or other federal agency: RCW 73.36.165.

catchline: Authority over patient—Federal agencies, private establishments.


title: RCW 71.02.900

text:
The provisions of this chapter shall be liberally construed so that persons who are in need of care and treatment for mental illness shall receive humane care and treatment and be restored to normal mental condition as rapidly as possible with an avoidance of loss of civil rights where not necessary, and with as little formality as possible, still preserving all rights and all privileges of the person as guaranteed by the Constitution.
[ 1959 c 25 s 71.02.900. Prior: 1951 c 139 s 1; 1949 c 198 s 1; Rem. Supp. 1949 s 6953-1.]

catchline: Construction and purpose—1959 c 25.


title: RCW 71.05.010

text:
(1) The provisions of this chapter apply to persons who are eighteen years of age or older and are intended by the legislature:
(a) To protect the health and safety of persons suffering from behavioral health disorders and to protect public safety through use of the parens patriae and police powers of the state;
(b) To prevent inappropriate, indefinite commitment of persons living with behavioral health disorders and to eliminate legal disabilities that arise from such commitment;
(c) To provide prompt evaluation and timely and appropriate treatment of persons with serious behavioral health disorders;
(d) To safeguard individual rights;
(e) To provide continuity of care for persons with serious behavioral health disorders;
(f) To encourage the full use of all existing agencies, professional personnel, and public funds to prevent duplication of services and unnecessary expenditures; and
(g) To encourage, whenever appropriate, that services be provided within the community.
(2) When construing the requirements of this chapter the court must focus on the merits of the petition, except where requirements have been totally disregarded, as provided in In re C.W., 147 Wn.2d 259, 281 (2002). A presumption in favor of deciding petitions on their merits furthers both public and private interests because the mental and physical well-being of individuals as well as public safety may be implicated by the decision to release an individual and discontinue his or her treatment.
[ 2020 c 302 s 1; 2016 sp.s. c 29 s 203; 2015 c 269 s 1; 1998 c 297 s 2; 1997 c 112 s 2; 1989 c 120 s 1; 1973 1st ex.s. c 142 s 6.]
Notes:
Short title—2016 sp.s. c 29: "This act may be known and cited as Ricky Garcia's act." [ 2016 sp.s. c 29 s 801.]
Right of action—2016 sp.s. c 29: "This act does not create any new entitlement or cause of action related to civil commitment under this chapter, and cannot form the basis for a private right of action." [ 2016 sp.s. c 29 s 802.]
Effective dates—2016 sp.s. c 29: See note following RCW 71.05.760.
Effective date—2015 c 269 ss 1-9 and 11-13: "Sections 1 through 9 and 11 through 13 of this act are necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and take effect immediately [May 14, 2015]." [ 2015 c 269 s 20.]
Effective dates—1998 c 297: "This act takes effect July 1, 1998, except for sections 18, 35, 38, and 39 of this act, which take effect March 1, 1999." [ 1998 c 297 s 53.]
Severability—1998 c 297: "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." [ 1998 c 297 s 58.]
Intent—1998 c 297: "It is the intent of the legislature to: (1) Clarify that it is the nature of a person's current conduct, current mental condition, history, and likelihood of committing future acts that pose a threat to public safety or himself or herself, rather than simple categorization of offenses, that should determine treatment procedures and level; (2) improve and clarify the sharing of information between the mental health and criminal justice systems; and (3) provide additional opportunities for mental health treatment for persons whose conduct threatens himself or herself or threatens public safety and has led to contact with the criminal justice system.
The legislature recognizes that a person can be incompetent to stand trial, but may not be gravely disabled or may not present a likelihood of serious harm. The legislature does not intend to create a presumption that a person who is found incompetent to stand trial is gravely disabled or presents a likelihood of serious harm requiring civil commitment." [ 1998 c 297 s 1.]

catchline: Legislative intent.


title: RCW 71.05.012

text:
It is the intent of the legislature to enhance continuity of care for persons with serious behavioral health disorders that can be controlled or stabilized in a less restrictive alternative commitment. Within the guidelines stated in In re LaBelle[,] 107 Wn. 2d 196 (1986), the legislature intends to encourage appropriate interventions at a point when there is the best opportunity to restore the person to or maintain satisfactory functioning.
For persons with a prior history or pattern of repeated hospitalizations or law enforcement interventions due to decompensation, the consideration of prior history is particularly relevant in determining whether the person would receive, if released, such care as is essential for his or her health or safety.
Therefore, the legislature finds that for persons who are currently under a commitment order, a prior history of decompensation leading to repeated hospitalizations or law enforcement interventions should be given great weight in determining whether a new less restrictive alternative commitment should be ordered.
[ 2020 c 302 s 2; 1997 c 112 s 1.]

catchline: Legislative intent and finding.