title: RCW 43.155.160

text:
(1) The board, in collaboration with the office, shall establish a competitive grant and loan program to award funding to eligible applicants in order to promote the expansion of access to broadband service in unserved areas of the state.
(2)(a) Grants and loans may be awarded under this section to assist in funding acquisition, installation, and construction of middle mile and last mile infrastructure that supports broadband services and to assist in funding strategic planning for deploying broadband service in unserved areas.
(b) The board may choose to fund all or part of an application for funding, provided that the application meets the requirements of subsection (11) of this section.
(3) Eligible applicants for grants and loans awarded under this section include:
(a) Local governments;
(b) Tribes;
(c) Nonprofit organizations;
(d) Cooperative associations;
(e) Multiparty entities comprised of public entity members;
(f) Limited liability corporations organized for the purpose of expanding broadband access; and
(g) Incorporated businesses or partnerships.
(4)(a) The board shall develop administrative procedures governing the preapplication and award process. The board shall act as fiscal agent for the program and is responsible for receiving and reviewing applications and awarding funds under this section.
(b) At least sixty days prior to the first day preapplications may be submitted each fiscal year, the board must publish on its website the specific criteria and any quantitative weighting scheme or scoring system that the board will use to evaluate or rank applications and award funding.
(c) The board may maintain separate accounting in the statewide broadband account created in RCW 43.155.165 as the board deems necessary to carry out the purposes of this section.
(d) The board must provide a method for the allocation of loans, grants, provision of technical assistance, and interest rates under this section.
(5) An applicant for a grant or loan under this section must provide the following information on the preapplication:
(a) The location and description of the project;
(b) Evidence regarding the unserved nature of the community in which the project is to be located;
(c) Evidence that proposed infrastructure will be capable of scaling to greater download and upload speeds;
(d) The number of households passed that will gain access to broadband service as a result of the project or whose broadband service will be upgraded as a result of the project;
(e) Evidence that before submission of the application, the applicant contacted, in writing, all entities providing broadband service near the proposed project area to ask each broadband service provider's plan to upgrade broadband service in the project area to speeds that meet or exceed the state's definition for broadband service as defined in RCW 43.330.530, within the time frame specified in the proposed grant or loan activities;
(f) If applicable, the broadband service providers' written responses to the inquiry made under (e) of this subsection;
(g) The proposed geographic broadband service area and the proposed broadband speeds in the form and manner prescribed by the board;
(h) Evidence of community support for the project; and
(i) Any additional information requested by the board.
(6) An applicant for a grant or loan under this section must provide the following information on the application:
(a) The final location and description of the project;
(b) Evidence that the proposed infrastructure will be capable of scaling to greater download and upload speeds;
(c) The number of households passed that will gain access to broadband service as a result of the project or whose broadband service will be upgraded as a result of the project;
(d) The estimated cost of retail services to end users facilitated by a project;
(e) The proposed actual download and upload speeds experienced by end users;
(f) Evidence of significant community institutions that will benefit from the proposed project;
(g) Anticipated economic, educational, health care, or public safety benefits created by the project;
(h) If available, a description of the applicant's user adoption assistance program and efforts to promote the use of newly available broadband services created by the project;
(i) The estimated total cost of the project;
(j) Other sources of funding for the project that will supplement any grant or loan award;
(k) A demonstration of the project's long-term sustainability, including the applicant's financial soundness, organizational capacity, and technical expertise;
(l) A strategic plan to maintain long-term operation of the infrastructure;
(m) If applicable, documentation describing the outcome of the broadband service providers' written responses to the inquiry made prior to or during the preapplication phase; and
(n) Any additional information requested by the board.
(7)(a) The board shall publish on its website for at least 30 days the proposed geographic broadband service area and the proposed broadband speeds for each proposed broadband project submitted in the preapplication period.
(b) The board shall, within three business days following the close of the preapplication cycle, publish on its website preapplications as described in subsection (5) of this section.
(c) The board shall set an objection period of at least 30 days.
(8)(a) Any existing broadband service provider near the proposed project area may submit in writing to the board an objection to a proposed broadband project. An objection must contain information demonstrating that:
(i) The project would result in overbuild, meaning that the objecting provider currently provides, or has begun construction to provide, broadband service to end users in the proposed project area at speeds equal to or greater than the speeds contained in the definition of broadband in *RCW 43.330.530(2); or
(ii) The objecting provider commits to complete construction of broadband infrastructure and provide broadband service to end users in the proposed project area at speeds equal to or greater than the speeds contained in the definition of broadband in *RCW 43.330.530(2), no later than twenty-four months after the date awards are made under this section for the grant and loan cycle under which the preapplication was submitted.
(b) Objections submitted to the board under this subsection must be certified by affidavit.
(c) The board may evaluate the information submitted under this section by the objecting provider and must consider it in making a determination on the proposed broadband project objected to. The board may request clarification or additional information. The board may choose to not fund a project if the board determines that the objecting provider's commitment to provide broadband service that meets the requirements of (a) of this subsection in the proposed project area is credible. In assessing the commitment, the board may consider whether the objecting provider has or will provide a bond, letter of credit, or other indicia of financial commitment guaranteeing the project's completion.
(d) If the board denies funding to an applicant as a result of a broadband service provider's objection made under this section, and the broadband service provider does not fulfill its commitment to provide broadband service in the project area, then for the following two grant and loan cycles, the board is prohibited from denying funding to an applicant on the basis of a challenge by the same broadband service provider, unless the board determines that the broadband service provider's failure to fulfill the provider's commitment was the result of factors beyond the broadband service provider's control. The board is not prohibited from denying funding to an applicant for reasons other than an objection by the same broadband service provider.
(e) An applicant or broadband service provider that objected to the application may request a debriefing conference regarding the board's decision on the application. Requests for debriefing must be coordinated by the office and must be submitted in writing in accordance with procedures specified by the office.
(f) Confidential business and financial information submitted by an objecting provider under this subsection is exempt from disclosure under chapter 42.56 RCW.
(9)(a) In evaluating applications and awarding funds, the board shall give priority to applications that are constructed in areas identified as unserved.
(b) In evaluating applications and awarding funds, the board may give priority to applications that:
(i) Provide assistance to public-private partnerships deploying broadband infrastructure from areas currently served with broadband service to areas currently lacking access to broadband services;
(ii) Demonstrate project readiness to proceed;
(iii) Construct infrastructure that is open access, meaning that during the useful life of the infrastructure, service providers may use network services and facilities at rates, terms, and conditions that are not discriminatory or preferential between providers, and employing accountable interconnection arrangements published and available publicly;
(iv) Are submitted by tribal governments whose reservations are in rural and remote areas where reliable and efficient broadband services are unavailable to many or most residents;
(v) Bring broadband service to tribal lands, particularly to rural and remote tribal lands or areas servicing rural and remote tribal entities;
(vi) Are submitted by tribal governments in rural and remote areas that have spent significant amounts of tribal funds to address the problem but cannot provide necessary broadband services without either additional state support, additional federal support, or both;
(vii) Serve economically distressed areas of the state as the term "distressed area" is defined in RCW 43.168.020;
(viii) Offer new or substantially upgraded broadband service to important community anchor institutions including, but not limited to, libraries, educational institutions, public safety facilities, and health care facilities;
(ix) Facilitate the use of telemedicine and electronic health records, especially in deliverance of behavioral health services and services to veterans;
(x) Provide technical support and train residents, businesses, and institutions in the community served by the project to utilize broadband service;
(xi) Include a component to actively promote the adoption of newly available broadband services in the community;
(xii) Provide evidence of strong support for the project from citizens, government, businesses, and community institutions;
(xiii) Provide access to broadband service to a greater number of unserved households and businesses, including farms;
(xiv) Utilize equipment and technology demonstrating greater longevity of service;
(xv) Seek the lowest amount of state investment per new location served and leverage greater amounts of funding for the project from other private and public sources;
(xvi) Include evidence of a customer service plan;
(xvii) Consider leveraging existing broadband infrastructure and other unique solutions;
(xviii) Benefit public safety and fire preparedness; or
(xix) Demonstrate other priorities as the board, in collaboration with the office, may prescribe by rule.
(c) The board shall endeavor to award funds under this section to qualified applicants in all regions of the state.
(d) The board shall consider affordability and quality of service to end users in making a determination on any application.
(e) The board, in collaboration with the office, may develop additional rules for eligibility, project preapplications, project applications, the associated objection process, and funding priority, as provided under this subsection and subsections (3), (5), (6), (7), and (8) of this section.
(f) The board, in collaboration with the office, may adopt rules for a voluntary nonbinding mediation between incumbent providers and applicants to the grant and loan program created in this section.
(10) To ensure a grant or loan to a private entity under this section primarily serves the public interest and benefits the public, any such grant or loan must be conditioned on a guarantee that the asset or infrastructure to be developed will be maintained for public use for a period of at least fifteen years.
(11)(a) No funds awarded under this section may fund more than fifty percent of the total cost of the project, except as provided in (b) of this subsection.
(b) The board may choose to fund up to ninety percent of the total cost of a project in financially distressed areas as the term "distressed area" is defined in RCW 43.168.020, and in areas identified as Indian country as the term "Indian country" is defined in WAC 458-20-192.
(c) Funds awarded to a single project under this section must not exceed two million dollars, except that the board may choose to fund projects qualifying for the exception in (b) of this subsection up to, but not to exceed, five million dollars.
(12) The board shall have such rights of recovery in the event of default in payment or other breach of financing agreement as may be provided in the agreement or otherwise by law.
(13) The community economic revitalization board shall facilitate the timely transmission of information and documents from its broadband program to the board in order to effectuate an orderly transition.
(14)(a) Subject to rules promulgated by the board, the board may make low-interest or interest-free loans or grants to eligible applicants for emergency public works broadband projects. While developing rules, the board shall consider prioritizing broadband infrastructure projects that replace existing infrastructure impacted by an emergency, as described in (b) of this subsection.
(b) Emergency public works broadband projects include construction, repair, reconstruction, replacement, rehabilitation, or improvement to critical broadband infrastructure that has been made necessary by a natural disaster or damaged by unforeseen events. To ensure limited resources are provided as efficiently as possible, the board shall grant priority to emergency public works projects that replace existing infrastructure of the provider whose facilities were damaged by the unforeseen event and shall not provide funds to a new provider to overbuild the existing provider. The loans or grants may be used to help fund all or part of an emergency public works broadband infrastructure project less any reimbursement from any of the following sources: (i) Federal disaster or emergency funds, including funds from the federal emergency management agency; (ii) state disaster or emergency funds; (iii) insurance settlements; and (iv) litigation.
(c) Eligible applicants for grants and loans awarded under this subsection are the same as those described in subsection (3) of this section.
(15) The definitions in RCW 43.330.530 apply throughout this section unless the context clearly requires otherwise.
(16) For purposes of this section, a "proposed broadband project" means a project that has been submitted as a preapplication to the public works board.
[ 2022 c 201 s 1; 2021 c 332 s 7040; 2019 c 365 s 7.]
Notes:
*Reviser's note: RCW 43.330.530 was alphabetized pursuant to RCW 1.08.015(2)(k), changing subsection (2) to subsection (4), effective July 1, 2023.
Effective date—2021 c 332: See note following RCW 43.19.501.
Findings—2019 c 365: See note following RCW 43.330.532.

catchline: Broadband service expansion grant and loan program—Emergency public works broadband projects.


doc_type: statute

jurisdiction: wa

title: RCW 43.155.165

text:
(1) The statewide broadband account is created in the state treasury. Moneys received from appropriations by the legislature, the proceeds of bond sales when authorized by the legislature, repayment of loans, or any other lawful source must be deposited into the account for uses consistent with this section. Moneys in the account may be spent only after appropriation.
(2) Expenditures from the account may be used only:
(a) For grant and loan awards made under RCW 43.155.160, including costs incurred by the board to administer RCW 43.155.160;
(b) To contract for data acquisition, a statewide broadband demand assessment, or gap analysis;
(c) To supplement revenues raised by bonds sold by local governments for broadband infrastructure development; or
(d) To provide for state match requirements under federal law.
(3) The board must maintain separate accounting for any federal funds in the account.
(4) The definitions in RCW 43.330.530 apply throughout this section unless the context clearly requires otherwise.
[ 2019 c 365 s 8.]
Notes:
Findings—2019 c 365: See note following RCW 43.330.532.

license: public-domain-government-work

rule_set: Revised Code of Washington

catchline: Statewide broadband account.

code: rcw

unit: section

court: Washington State Legislature


title: RCW 43.157.005

text:
The legislature declares that certain investments, such as investments for industrial development, environmental improvement, and innovation activities, merit special designation and treatment by governmental bodies when they are proposed. Such investments bolster the economies of their locale and impact the economy of the state as a whole. It is the intention of the legislature to recognize projects of statewide significance and to encourage local governments and state agencies to expedite their completion.
[ 2009 c 421 s 1; 1997 c 369 s 1.]
Notes:
Effective date—2009 c 421: "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 8, 2009]." [ 2009 c 421 s 11.]

catchline: Declaration.


title: RCW 43.157.010

text:
The definitions in this section apply throughout this chapter and RCW 28A.525.166, 43.21A.350, and 90.58.100, unless the context requires otherwise:
(1) "Applicant" means a person applying to the department for designation of a development project as a project of statewide significance.
(2) "Aviation biofuels production facility" means a facility primarily for the processing of nonfossil biogenic feedstocks to produce aviation fuels that meet the fuel quality technical standards of the American society for testing materials for aviation fuels and coproducts.
(3) "Department" means the department of commerce.
(4) "Manufacturing" shall have the meaning assigned it in RCW 82.62.010.
(5)(a) "Project of statewide significance" means:
(i) A border crossing project that involves both private and public investments carried out in conjunction with adjacent states or provinces;
(ii) A development project that will provide a net environmental benefit;
(iii) A development project in furtherance of the commercialization of innovations;
(iv) A private industrial development with private capital investment in manufacturing or research and development;
(v) An aviation biofuels production facility;
(vi) A pumped storage project using water rights approved by the legislature for that purpose; or
(vii) A project designated by the legislature and codified under this chapter.
(b) To qualify for designation under RCW 43.157.030 as a project of statewide significance:
(i) The project must be completed after January 1, 2009;
(ii) The applicant must submit an application to the department for designation as a project of statewide significance to the department of commerce; and
(iii) Except for an aviation biofuels production facility, the project must have:
(A) In counties with a population less than or equal to twenty thousand, a capital investment of five million dollars;
(B) In counties with a population greater than twenty thousand but no more than fifty thousand, a capital investment of ten million dollars;
(C) In counties with a population greater than fifty thousand but no more than one hundred thousand, a capital investment of fifteen million dollars;
(D) In counties with a population greater than one hundred thousand but no more than two hundred thousand, a capital investment of twenty million dollars;
(E) In counties with a population greater than two hundred thousand but no more than four hundred thousand, a capital investment of thirty million dollars;
(F) In counties with a population greater than four hundred thousand but no more than one million, a capital investment of forty million dollars;
(G) In counties with a population greater than one million, a capital investment of fifty million dollars;
(H) In rural counties as defined by RCW 82.14.370, projected full-time employment positions after completion of construction of fifty or greater;
(I) In counties other than rural counties as defined by RCW 82.14.370, projected full-time employment positions after completion of construction of one hundred or greater; or
(J) Been qualified by the director of the department as a project of statewide significance either because:
(I) The economic circumstances of the county merit the additional assistance such designation will bring;
(II) The impact on a region due to the size and complexity of the project merits such designation;
(III) The project resulted from or is in furtherance of innovation activities at a public research institution in the state or is in or resulted from innovation activities within an innovation partnership zone; or
(IV) The project will provide a net environmental benefit as evidenced by plans for design and construction under green building standards or for the creation of renewable energy technology or components or under other environmental criteria established by the director in consultation with the director of the department of ecology.
A project may be qualified under this subsection (5)(b)(iii)(J) only after consultation on the availability of staff resources of the office of regulatory assistance.
(6) "Research and development" shall have the meaning assigned it in RCW 82.62.010.
[ 2020 c 46 s 2; 2017 c 288 s 2. Prior: 2012 c 63 s 2; prior: 2009 c 565 s 34; 2009 c 421 s 2; 2004 c 275 s 63; 2003 c 54 s 1; 1997 c 369 s 2.]
Notes:
Findings—2020 c 46: "(1) The legislature finds that Washington is a national leader in the transition to one hundred percent clean electricity, resulting in substantial reductions in the emissions of greenhouse gases. In 2012, the legislature authorized certain water rights to be used to enable a pumped storage project, codified as RCW 54.16.410. As more variable renewable energy facilities come online to facilitate the transition to our clean energy future, additional renewable energy storage facilities may be used in place of greenhouse gas emitting generation to integrate variable renewable energy. Expediting beneficial use of those authorized water rights for a pumped storage project will enable investment of more than one billion dollars in, and provide economic development to, a rural county, and facilitate construction and operation of additional renewable energy throughout the state and the west.
(2) The legislature further finds that certain studies indicate a resource adequacy shortfall on the region's electric grid by 2025 and it is in the interest of the state to expedite pump storage projects that will address this shortfall." [ 2020 c 46 s 1.]
Finding—2017 c 288: "The legislature finds that Washington is one of our nation's trade leaders, serving as a gateway to both international and interstate trade for the west. Clark county's population has grown by thirty percent over the past fifteen years. Recent southwest Washington regional transportation council data found a greater than fifty percent year-over-year increase in peak-hour vehicle and truck delays on the Interstate 5 corridor through Vancouver. Southwest Washington must find a path forward to establishing a unified plan for infrastructure investments that will serve as the basis for progress for the next one hundred years. The safety and economic well-being of our residents cannot wait. Legislators representing southwest Washington have set out some guiding principles that will enable a planning process to begin to select a new Interstate 5 bridge project that will serve as the foundation of an initial investment in the bridges that link Washington with Oregon, supporting critical trade routes, alleviating congestion, and improving safety." [ 2017 c 288 s 1.]
Findings—Intent—2014 c 174; 2012 c 63: "The legislature finds that Washington is becoming a leader in the development and commercialization of aviation biofuels due to its strong tradition of market innovation, a concentrated demand for sustainable aviation fuels, leading expertise and research capacity, an established aviation manufacturing sector, and the availability of a diverse range of feedstocks for the production of biofuels. The legislature also finds that the development of aviation biofuels has the potential to reduce dependence on foreign sources of fossil fuels, reduce greenhouse gas emissions, and promote economic development and jobs in Washington. The legislature intends to support the development of commercial-scale aviation biofuels production facilities in Washington by facilitating and streamlining the permitting process for new facilities and the expansion of existing facilities and by providing access to low-cost financing through the issuance of revenue bonds.
The legislature finds that the 2012 Washington state energy strategy calls for a targeted, strategic policy focus on sustainable aviation biofuels to encourage the realization of Washington's potential. The legislature also finds that a regional stakeholder effort to explore the opportunities and challenges surrounding the production of sustainable aviation fuels, known as sustainable aviation biofuels northwest, urged policymakers in the Northwest to develop supportive public policies that will jump start the industry, attract investment, and accelerate industry growth. In order to provide focus and develop policy recommendations to support the sustainable aviation biofuels sector in Washington, the legislature intends to establish a sustainable aviation biofuels work group." [ 2014 c 174 s 6; 2012 c 63 s 1.]
Effective date—2009 c 421: See note following RCW 43.157.005.
Part headings not law—2004 c 275: See note following RCW 28B.76.090.

catchline: Definitions.


title: RCW 43.157.020

text:
Counties and cities with development projects designated as projects of statewide significance within their jurisdictions shall enter into an agreement with the office of regulatory assistance and the project managers of projects of statewide significance for expediting the completion of projects of statewide significance. The agreement shall require:
(1) Expedited permit processing for the design and construction of the project;
(2) Expedited environmental review processing;
(3) Expedited processing of requests for street, right-of-way, or easement vacations necessary for the construction of the project;
(4) Participation of local officials on the team assembled under the requirements of RCW 43.157.030(3)(b);
(5) A plan for consultation with affected tribes; and
(6) Such other actions or items as are deemed necessary by the office of regulatory assistance for the design and construction of the project.
[ 2020 c 46 s 3; 2009 c 421 s 3; 2003 c 54 s 2; 1997 c 369 s 3.]
Notes:
Findings—2020 c 46: See note following RCW 43.157.010.
Effective date—2009 c 421: See note following RCW 43.157.005.

catchline: Expediting completion of projects of statewide significance—Requirements of agreements.


title: RCW 43.157.030

text:
(1) The department of commerce shall:
(a) Develop an application for designation of development projects as projects of statewide significance. The application must be accompanied by a letter of approval from the legislative authority of any jurisdiction that will have the proposed project of statewide significance within its boundaries. No designation of a project as a project of statewide significance shall be made without such letter of approval. The letter of approval must state that the jurisdiction joins in the request for the designation of the project as one of statewide significance and has or will hire the professional staff that will be required to expedite the processes necessary to the completion of a project of statewide significance. The development project proponents may provide the funding necessary for the jurisdiction to hire the professional staff that will be required to so expedite. The application shall contain information regarding the location of the project, the applicant's average employment in the state for the prior year, estimated new employment related to the project, estimated wages of employees related to the project, estimated time schedules for completion and operation, and other information required by the department; and
(b) Designate a development project as a project of statewide significance if the department determines:
(i) After review of the application under criteria adopted by rule, the development project will provide significant economic benefit to the local or state economy, or both, the project is aligned with the state's comprehensive plan for economic development under *RCW 43.162.020, and, by its designation, the project will not prevent equal consideration of all categories of proposals under RCW 43.157.010; and
(ii) The development project meets or will meet the requirements of RCW 43.157.010 regarding designation as a project of statewide significance.
(2) Any project designated by the legislature and codified in this chapter is not subject to the application requirements set out in subsection (1) of this section.
(3) The office of regulatory assistance shall assign a project facilitator or coordinator to each project of statewide significance to:
(a) Assist in the scoping and coordinating functions provided for in chapter 43.42 RCW;
(b) Assemble a team of state and local government and private officials to help meet the planning, permitting, and development needs of each project, which team shall include those responsible for planning, permitting and licensing, infrastructure development, workforce development services including higher education, transportation services, and the provision of utilities; and
(c) Work with each team member to expedite their actions in furtherance of the project.
[ 2017 c 288 s 3; 2009 c 421 s 4; 2003 c 54 s 3; 1997 c 369 s 4.]
Notes:
*Reviser's note: RCW 43.162.020 was repealed by 2014 c 112 s 123.
Finding—2017 c 288: See note following RCW 43.157.010.
Effective date—2009 c 421: See note following RCW 43.157.005.

catchline: Application for designation—Project facilitator or coordinator.


title: RCW 43.158.010

text:
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
(1) "Alternative energy resource" has the same meaning as defined in RCW 80.50.020.
(2) "Alternative jet fuel" means a fuel that can be blended and used with conventional petroleum jet fuels without the need to modify aircraft engines and existing fuel distribution infrastructure and that meets the greenhouse gas emissions reduction requirements that apply to biomass-derived fuels as defined in RCW 70A.65.010. "Alternative jet fuel" includes jet fuels derived from coprocessed feedstocks at a conventional petroleum refinery.
(3) "Applicant" means a person applying to the department of commerce for designation of a development project as a clean energy project of statewide significance under this chapter.
(4)(a) "Associated facilities" means storage, transmission, handling, or other related and supporting facilities connecting a clean energy project with the existing energy supply, processing, or distribution system including, but not limited to, battery energy storage communications, controls, mobilizing or maintenance equipment, instrumentation, and other types of ancillary storage and transmission equipment, off-line storage or venting required for efficient operation or safety of the transmission system and overhead, and surface or subsurface lines of physical access for the inspection, maintenance, and safe operations of the transmission facility and new transmission lines constructed to operate at nominal voltages of at least 115,000 volts to connect a clean energy project to the northwest power grid.
(b) Common carrier railroads or motor vehicles are not associated facilities.
(5) "Clean energy product manufacturing facility" means a facility or a project at any facility that exclusively or primarily manufactures the following products or components primarily used by such products:
(a) Vehicles, vessels, and other modes of transportation that emit no exhaust gas from the onboard source of power, other than water vapor;
(b) Charging and fueling infrastructure for electric, hydrogen, or other types of vehicles that emit no exhaust gas from the onboard source of power, other than water vapor;
(c) Renewable or green electrolytic hydrogen, including preparing renewable or green electrolytic hydrogen for distribution as an energy carrier or manufacturing feedstock, or converting it to a green hydrogen carrier;
(d) Equipment and products used to produce energy from alternative energy resources;
(e) Equipment and products used to produce nonemitting electric generation as defined in RCW 19.405.020;
(f) Equipment and products used at storage facilities;
(g) Equipment and products used to improve energy efficiency;
(h) Semiconductors or semiconductor materials as defined in RCW 82.04.2404; and
(i) Projects or facility upgrades undertaken by emissions-intensive, trade-exposed industries as classified in RCW 70A.65.110 for which the facility can demonstrate expected reductions in overall facility greenhouse gas emissions to align with the cap trajectory under chapter 70A.65 RCW, where the project does not degrade local air quality.
(6) "Clean energy project" means the following facilities together with their associated facilities:
(a) Clean energy product manufacturing facilities;
(b) Electrical transmission facilities;
(c) Facilities to produce nonemitting electric generation or electric generation from renewable resources, as defined in RCW 19.405.020, except for:
(i) Hydroelectric generation that includes new diversions, new impoundments, new bypass reaches, or the expansion of existing reservoirs constructed after May 7, 2019, unless the diversions, bypass reaches, or reservoir expansions are necessary for the operation of a pumped storage facility that: (A) Does not conflict with existing state or federal fish recovery plans; and (B) complies with all local, state, and federal laws and regulations; and
(ii) Hydroelectric generation associated with facilities or persons that have been the subject of an enforcement action, penalty order, or settled any enforcement action or penalty order with any agreement to pay a penalty or pay for or conduct mitigation under chapter 90.48 or 77.55 RCW during the preceding 15 years that resulted in the payment of a penalty of at least $100,000 or conducting mitigation with a value of at least $100,000;
(d) Storage facilities;
(e) Facilities or projects at any facilities that exclusively or primarily process biogenic feedstocks into biofuel as defined in RCW 80.50.020;
(f) Biomass energy facilities as defined in RCW 19.405.020; or
(g) Facilities or projects at any facilities that exclusively or primarily process alternative jet fuel.
(7) "Electrical transmission facilities" has the same meaning as defined in RCW 80.50.020, except excluding electrical transmission facilities that primarily or solely serve facilities that generate electricity from fossil fuels.
(8) "Fully coordinated permit process" means a comprehensive coordinated permitting assistance approach supported by a written agreement between the project proponent, the department of ecology, and the participating agencies.
(9) "Fully coordinated project" means a clean energy project subject to the fully coordinated permit process.
(10) "Green electrolytic hydrogen" has the same meaning as defined in RCW 80.50.020.
(11) "Green hydrogen carrier" has the same meaning as defined in RCW 80.50.020.
(12) "Overburdened community" has the same meaning as defined in RCW 70A.02.010.
(13) "Permit" means any permit, license, certificate, use authorization, or other form of governmental review or approval required in order to construct, expand, or operate a project in the state of Washington.
(14) "Permit agency" means any state or local agency authorized by law to issue permits.
(15) "Project proponent" means a person, business, or any entity applying for or seeking a permit or permits in the state of Washington.
(16) "Reasonable costs" means direct and indirect expenses incurred by the department of ecology, participating agencies, or local governments in carrying out the coordinated permit process established in this chapter, including the initial assessment, environmental review, and permitting. "Reasonable costs" includes work done by agency or local government staff or consultants hired by agencies or local governments to carry out the work plan. "Reasonable costs" may also include other costs agreed to between the applicant and the department of ecology, participating agencies, or local governments.
(17) "Renewable hydrogen" has the same meaning as defined in RCW 80.50.020.
(18) "Renewable natural gas" has the same meaning as defined in RCW 80.50.020.
(19) "Renewable resource" has the same meaning as defined in RCW 80.50.020.
(20) "Storage facility" has the same meaning as defined in RCW 80.50.020.
[ 2023 c 230 s 201.]
Notes:
Findings—Intent—2023 c 230: See note following RCW 43.394.010.


title: RCW 43.158.020

text:
(1) The department of commerce shall develop an application for the designation of clean energy projects, including facilities that produce electricity with fusion energy, as clean energy projects of statewide significance.
(2) An application to the department of commerce by an applicant under this section must include:
(a) Information regarding the location of the project;
(b) Information sufficient to demonstrate that the project qualifies as a clean energy project;
(c) An explanation of how the project is expected to contribute to the state's achievement of the greenhouse gas emission limits in chapter 70A.45 RCW and is consistent with the state energy strategy adopted by the department of commerce, as well as any contribution that the project is expected to make to other state regulatory requirements for clean energy and greenhouse gas emissions, including the requirements of chapter 19.405, 70A.30, 70A.60, 70A.65, 70A.535, or 70A.540 RCW;
(d) An explanation of how the project is expected to contribute to the state's economic development goals, including information regarding the applicant's average employment in the state for the prior year, estimated new employment related to the project, estimated wages of employees related to the project, and estimated time schedules for completion and operation;
(e) A plan for engagement and information sharing with potentially affected federally recognized Indian tribes;
(f) A description of potential community benefits and impacts from the project, a plan for community engagement in the project development, and an explanation of how the applicant might use a community benefit agreement or other legal document that stipulates the benefits that the developer agrees to fund or furnish, in exchange for community support of a project; and
(g) Other information required by the department of commerce.
(3) For the purposes of this section, "fusion energy" has the same meaning as defined in RCW 43.21F.092.
[ 2024 c 346 s 3; 2023 c 230 s 202.]
Notes:
Findings—Intent—2023 c 230: See note following RCW 43.394.010.

catchline: Clean energy projects of statewide significance—Application process.


title: RCW 43.158.030

text:
(1)(a) The department of commerce, in consultation with natural resources agencies and other state agencies identified as likely to have a role in siting or permitting a project, must review applications received under RCW 43.158.020. Within 14 business days of receiving the application, the department of commerce must mail or provide in person a written determination that the application is complete, or if the application is incomplete, an opportunity to meet with the department of commerce to determine what is necessary to make the application complete. Within seven business days after an applicant has submitted additional information identified by the department of commerce as being necessary for a complete application, the department of commerce must notify the applicant whether the application is complete or what additional information is necessary.
(b) When the application is complete, the director of the department of commerce must determine within 60 business days whether to designate an applicant's project as a clean energy project of statewide significance.
(c) A determination of completeness does not preclude the department of commerce from requesting additional information if new information is required or substantial changes in the proposed project occur.
(2) The department of commerce may designate a clean energy project of statewide significance taking into consideration:
(a) Whether the project qualifies as a clean energy project;
(b) Whether the project will: Contribute to achieving state emission reduction limits under chapter 70A.45 RCW; be consistent with the state energy strategy adopted by the department of commerce; contribute to achieving other state requirements for clean energy and greenhouse gas emissions reductions; and support the state's economic development goals;
(c) Whether the level of applicant need for coordinated state assistance, including for siting and permitting and the complexity of the project, warrants the designation of a project;
(d) Whether the project is proposed for an area or for a clean energy technology that has been reviewed through a nonproject environmental review process, or least-conflict siting process including, but not limited to, the processes identified in RCW 43.21C.538 and section 306, chapter 230, Laws of 2023, and whether the project is consistent with the recommendations of such processes;
(e) Whether the project is anticipated to have potential near-term or long-term significant positive or adverse impacts on environmental and public health, including impacts to:
(i) State or federal endangered species act listed species in Washington;
(ii) Overburdened communities; and
(iii) Rights, interests, and resources, including tribal cultural resources, of potentially affected federally recognized Indian tribes; and
(f) Input received from potentially affected federally recognized Indian tribes, which the department must solicit and acknowledge the receipt of.
(3) In determining whether to approve an application, the department of commerce must consider information contained in an application under RCW 43.158.020 demonstrating an applicant's tribal outreach and engagement, engagement with the department of archaeology and historic preservation, and engagement with the governor's office of Indian affairs.
(4)(a) The department of commerce may designate an unlimited number of projects of statewide significance that meet the criteria of this section.
(b) An applicant whose application to the department of commerce under this chapter is not successful is eligible to reapply.
[ 2023 c 230 s 203.]
Notes:
Findings—Intent—2023 c 230: See note following RCW 43.394.010.

catchline: Clean energy projects of statewide significance—Department of commerce.


title: RCW 43.158.100

text:
An optional, fully coordinated permit process is established for clean energy projects that do not apply to the energy facility site evaluation council under chapter 80.50 RCW. In support of the coordinated permitting process for clean energy projects, the department of ecology must:
(1) Act as the central point of contact for the project proponent for the coordinated permitting process for projects that do not apply to the energy facility site evaluation council under chapter 80.50 RCW and communicate with the project proponent about defined issues;
(2) Conduct an initial assessment of the proposed project review and permitting actions for coordination purposes as provided in RCW 43.158.110;
(3) Ensure that the project proponent has been informed of all the information needed to apply for the state and local permits that are included in the coordinated permitting process;
(4) Facilitate communication between project proponents and agency staff to promote timely permit decisions and promote adherence to agreed schedules;
(5) Verify completion among participating agencies of administrative review and permit procedures, such as providing public notice;
(6) Assist in resolving any conflict or inconsistency among permit requirements and conditions;
(7) Consult with potentially affected federally recognized Indian tribes as provided in RCW 43.158.150 in support of the coordinated permitting process;
(8) Engage with potentially affected overburdened communities as provided in RCW 43.158.150;
(9) Manage a fully coordinated permitting process; and
(10) Coordinate with local jurisdictions to assist with fulfilling the requirements of chapter 36.70B RCW and other local permitting processes.
[ 2023 c 230 s 204.]
Notes:
Findings—Intent—2023 c 230: See note following RCW 43.394.010.

catchline: Clean energy coordinated permitting process—Department of ecology—Duties.


title: RCW 43.158.110

text:
(1) Upon the request of a proponent of a clean energy project, the department of ecology must conduct an initial assessment to determine the level of coordination needed, taking into consideration the complexity of the project and the experience of those expected to be involved in the project application and review process.
(2) The initial project assessment must consider the complexity, size, and need for assistance of the project and must address as appropriate:
(a) The expected type of environmental review;
(b) The state and local permits or approvals that are anticipated to be required for the project;
(c) The permit application forms and other application requirements of the participating permit agencies;
(d) The anticipated information needs and issues of concern of each participating agency; and
(e) The anticipated time required for the environmental review process under chapter 43.21C RCW and permit decisions by each participating agency, including the estimated time required to determine if the permit applications are complete, to conduct the environmental review under chapter 43.21C RCW, and conduct permitting processes for each participating agency. In determining the estimated time required, full consideration must be given to achieving the greatest possible efficiencies through any concurrent studies and any consolidated applications, hearings, and comment periods.
(3) The outcome of the initial assessment must be documented in writing, furnished to the project proponent, and be made available to the public.
(4) The initial assessment must be completed within 60 days of the clean energy project proponent's request to the department under this section, unless information on the project is not complete.
[ 2023 c 230 s 205.]
Notes:
Findings—Intent—2023 c 230: See note following RCW 43.394.010.

catchline: Clean energy coordinated permitting process—Initial assessment.


title: RCW 43.158.120

text:
(1) A project proponent may submit a written request to the department of ecology pursuant to RCW 43.158.140 and a local government development agreement to support local government actions pursuant to RCW 43.158.130 for participation in a fully coordinated permitting process. To be eligible to participate in the fully coordinated permit process:
(a) The project proponent must:
(i) Enter into a cost-reimbursement agreement pursuant to RCW 43.158.140;
(ii) Provide sufficient information on the project and project site to identify probable significant adverse environmental impacts;
(iii) Provide information on any voluntary mitigation measures; and
(iv) Provide information on engagement actions taken by the proponent with federally recognized Indian tribes, local government, and overburdened communities; and
(b) The department of ecology must determine that the project raises complex coordination, permit processing, or substantive permit review issues.
(2) A project proponent who requests designation as a fully coordinated project must provide the department of ecology with a complete description of the project. The department of ecology may request any information from the project proponent that is necessary to make the designation under this section and may convene a meeting of the likely participating permit agencies.
(3) For a fully coordinated permitting process, the department of ecology must serve as the main point of contact for the project proponent and participating agencies with regard to coordinating the permitting process for the project as a whole. Each participating permit agency must designate a single point of contact for coordinating with the department of ecology. The department of ecology must keep a schedule identifying required procedural steps in the permitting process and highlighting substantive issues as appropriate that must be resolved in order for the project to move forward. In carrying out these responsibilities, the department of ecology must:
(a) Conduct the duties for the coordinated permitting process as described in RCW 43.158.110;
(b)(i) Reach out to tribal or federal jurisdictions responsible for issuing a permit for the project and invite them to participate in the coordinated permitting process or to receive periodic updates of the project;
(ii) Reach out to local jurisdictions responsible for issuing a permit for the project and inform them of their obligations under RCW 43.158.130.
(4) Within 30 days, or longer with agreement of the project proponent, of the date that the department of ecology determines a project is eligible for the fully coordinated permitting process, the department of ecology shall convene a work plan meeting with the project proponent, local government, and the participating permit agencies to develop a coordinated permitting process schedule. The work plan meeting agenda may include any of the following:
(a) Review of the permits that are anticipated for the project;
(b) A review of the permit application forms and other application requirements of the agencies that are participating in the coordinated permitting process;
(c) An estimation of the timelines that will be used by each participating permit agency to make permit decisions, including the estimated time periods required to determine if the permit applications are complete and to review or respond to each application or submittal of new information. In the development of this timeline, full attention must be given to achieving the maximum efficiencies possible through concurrent studies and consolidated applications, hearings, and comment periods; or
(d) An estimation of reasonable costs for the department of ecology, participating agencies, and the county, city, or town in which the project is proposed for environmental review and permitting, based on known information about the project.
(5) Each participating agency and the lead agency under chapter 43.21C RCW must send at least one representative qualified to discuss the applicability and timelines associated with all permits administered by that agency or jurisdiction to the work plan meeting. The department of ecology must notify any relevant federal agency or potentially affected federally recognized Indian tribe of the date of the meeting and invite them to participate in the process.
(6) Any accelerated time period for the consideration of a permit application or for the completion of the environmental review process under chapter 43.21C RCW must be consistent with any statute, rule, or regulation, or adopted state policy, standard, or guideline that requires the participation of other agencies, federally recognized Indian tribes, or interested persons in the application process.
(7) Upon the completion of the work plan meeting under subsection (4) of this section, the department of ecology must finalize the coordinated permitting process schedule, share it in writing with the project proponent, participating state agencies, lead agencies under chapter 43.21C RCW, and cities and counties subject to an agreement specified in RCW 43.158.130, and make the schedule available to the public.
(8) As part of the coordinated permit process, the developer may prepare a community benefit agreement or other similar document to identify how to mitigate potential community impacts or impacts to tribal rights and resources, including cultural resources. The agreement should include benefits in addition to jobs or tax revenues resulting from the project. Approval of any benefit agreement or other legal document stipulating the benefits that the developer agrees to fund or furnish, in exchange for community or tribal government support of the project, must be made by the local government legislative authority of the county, city, or town in which the project is proposed or by the relevant federally recognized Indian tribal government.
(9) If a lead agency under chapter 43.21C RCW, a permit agency, or the project proponent foresees, at any time, that it will be unable to meet the estimated timelines or other obligations under the schedule agreement, it must notify the department of ecology of the reasons for the delay and offer potential solutions or an amended timeline. The department of ecology must notify the participating agencies and the project proponent and, upon agreement of all parties, adjust the schedule or, if necessary, schedule another work plan meeting.
(10) The project proponent may withdraw from the coordinated permitting process by submitting to the department of ecology a written request that the process be terminated. Upon receipt of the request, the department of ecology must notify each participating agency that a coordinated permitting process is no longer applicable to the project.
(11)(a) Permitting decisions made by state and local jurisdictions under the fully coordinated permitting process in this chapter are considered final, subject to any appeals process available to applicants or other parties. Applicants utilizing the fully coordinated permitting process in this chapter are not eligible for permitting under chapter 80.50 RCW unless a substantial change is made to the proposed project.
(b) Prior to considering an application under chapter 80.50 RCW from a project applicant that has previously used the fully coordinated permitting process under this chapter for the project, the energy facility site evaluation council must determine that the project applicant has made a substantial change to the project, relative to the project as it was proposed under the fully coordinated permitting process.
[ 2023 c 230 s 206.]
Notes:
Findings—Intent—2023 c 230: See note following RCW 43.394.010.

catchline: Clean energy coordinated permitting process—Requirements—Procedures.


title: RCW 43.158.130

text:
(1)(a) Counties and cities with clean energy projects that are determined to be eligible for the fully coordinated permit process shall enter into an agreement with the department of ecology or with the project proponents of clean energy projects for expediting the completion of projects.
(b) For the purposes of this section, "expedite" means that a county or city will develop and implement a method to accelerate the process for permitting and environmental review. Expediting should not disrupt or otherwise delay the permitting and environmental review of other projects or require the county or city to incur additional costs that are not compensated.
(2) Agreements required by this section must include requirements that the county or city coordinate with the department of ecology and conduct environmental review and permitting to align with the work plan described in RCW 43.158.120(4) and:
(a) Expedite permit processing for the design and construction of the project;
(b) Expedite environmental review processing;
(c) Expedite processing of requests for street, right-of-way, or easement vacations necessary for the construction of the project;
(d) Develop and follow a plan for consultation with potentially affected federally recognized Indian tribes; and
(e) Carry out such other actions identified by the department of ecology as needed for the fully coordinated permitting process.
[ 2023 c 230 s 207.]
Notes:
Findings—Intent—2023 c 230: See note following RCW 43.394.010.

catchline: Clean energy coordinated permitting process—Local jurisdiction agreements.


title: RCW 43.158.140

text:
(1) For a fully coordinated permitting process, a project proponent must enter into a cost-reimbursement agreement with the department of ecology in accordance with RCW 43.21A.690. The cost-reimbursement agreement is to recover reasonable costs incurred by the department of ecology and participating agencies in carrying out the coordinated permitting process.
(2) The cost-reimbursement agreement may include deliverables and schedules for invoicing and reimbursement.
(3) For a fully coordinated permitting process, a project proponent must enter into a development agreement with the county, city, or town in which the project is proposed, in accordance with the authorization and requirements in RCW 36.70B.170 through 36.70B.210. The development agreement must detail the obligations of the local jurisdiction and the project applicant. It must also include, but not be limited to, the process the county, city, or town will implement for meeting its obligation to expedite the application, other clarifications for project phasing, and an estimate of reasonable costs.
(4) For a fully coordinated permitting process, a project proponent may enter directly into a cost-reimbursement agreement similar to that described in subsection (1) of this section, to reimburse the costs of a federally recognized Indian tribe for reviewing and providing input on the siting and permitting of a clean energy project.
(5) If a project proponent foresees, at any time, that it will be unable to meet its obligations under the agreement, it must notify the department of ecology and state the reasons, along with proposals for resolution.
[ 2023 c 230 s 208.]
Notes:
Findings—Intent—2023 c 230: See note following RCW 43.394.010.

catchline: Clean energy coordinated permitting process—Cost-reimbursement agreements.


title: RCW 43.158.150

text:
(1)(a) The department of ecology must offer early, meaningful, and individual consultation with any affected federally recognized Indian tribe on designated clean energy projects participating in the coordinated permitting process for the purpose of understanding potential impacts to tribal rights, interests, and resources, including tribal cultural resources, archaeological sites, sacred sites, fisheries, or other rights and interests in tribal lands and lands within which an Indian 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 state law, or by a state agency. The goal of the consultation process is to support the coordinated permitting process by early identification of tribal rights, interests, and resources, including tribal cultural resources, potentially affected by the project, and identifying solutions, when possible, to avoid, minimize, or mitigate any adverse effects on tribal rights, interests, or resources, including tribal cultural resources, based on environmental or permit reviews.
(b) At the earliest possible date after the initiation of the coordinated permitting process under this chapter, the department of ecology shall engage in a preapplication process with all affected federally recognized Indian tribes potentially impacted by the project.
(i) The department of ecology must notify the department of archaeology and historic preservation, the department of fish and wildlife, and all affected federally recognized Indian tribes potentially impacted by the project. The notification must include geographical location, detailed scope of the proposed project, preliminary proposed project details available to federal, state, or local governmental jurisdictions, and all publicly available materials.
(ii) The department of ecology 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 Indian tribes potentially impacted by the project. Any resultant discussions must include the project's impact to tribal rights, interests, and 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.
(iii) All affected federally recognized Indian tribes may submit to the department of ecology a summary of tribal issues, questions, concerns, or other statements regarding the project, which must become part of the official files maintained by the department of ecology for the coordinated permitting process. The summary does not limit what issues affected federally recognized Indian tribes may raise in the consultation process.
(iv) The notification and offer to initiate discussion must be documented by the department of ecology and delivered to the department of archaeology and historic preservation, the department of fish and wildlife, and to the affected federally recognized Indian tribe or tribes. If the discussions pursuant to (b)(ii) of this subsection do not occur, the department of ecology must document the reason why the discussion or discussions did not occur.
(v) 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 publicly available coordinated permitting process files.
(2) The department of ecology must identify overburdened communities, as defined in RCW 70A.02.010, which may be potentially affected by clean energy projects participating in the coordinated permitting process. The department of ecology must verify these communities have been meaningfully engaged in the regulatory processes in a timely manner by participating agencies and their comments considered for determining potential impacts.
[ 2023 c 230 s 209.]
Notes:
Findings—Intent—2023 c 230: See note following RCW 43.394.010.

catchline: Clean energy coordinated permitting process—Tribal consultation and overburdened community engagement.


title: RCW 43.158.200

text:
(1) Nothing in this chapter:
(a) Prohibits an applicant, a project proponent, a state agency, a local government, or a federally recognized Indian tribe from entering into a nondisclosure agreement to protect confidential business information, trade secrets, financial information, or other proprietary information;
(b) Limits or affects other statutory provisions specific to any state agency related to that agency's procedures and protocols related to the identification, designation, or disclosure of information identified as confidential business information, trade secrets, financial information, or other proprietary information;
(c) Limits or affects the provisions of chapter 42.56 RCW as they apply to information or nondisclosure agreements obtained by a state agency under this chapter; or
(d) Relieves the responsible official under chapter 43.21C RCW for an action of the official's responsibilities under that chapter.
(2) The decisions by the department of commerce to designate a clean energy project of statewide significance must be made available to the public. Regardless of any exemptions otherwise set forth in RCW 42.56.270, publicly shared information must include the designee's name, a brief description of the project, the intended project location, a description of climate and economic development benefits to the state and communities therein, a tribal engagement plan, a community engagement plan, and a community benefit agreement if applicable.
(3) The department of commerce may terminate a designation of a clean energy project of statewide significance for reasons that include, but are not limited to, failure to comply with requirements of the designation or the emergence of new information that significantly alters the department of commerce's assessment of the applicant's application, project, or project proponent. The department of commerce must notify the applicant, project proponent, and the department of ecology of the termination in writing within 30 days.
(4) Nothing in this chapter affects the jurisdiction of the energy facility site evaluation council under chapter 80.50 RCW.
(5) This chapter does not limit or abridge the powers and duties granted to a participating permit agency under the law or laws that authorizes or requires the agency to issue a permit for a project. Each participating permit agency retains its authority to make all decisions on all substantive matters with regard to the respective component permit that is within its scope of its responsibility including, but not limited to, the determination of permit application completeness, permit approval or approval with conditions, or permit denial.
[ 2023 c 230 s 210.]
Notes:
Findings—Intent—2023 c 230: See note following RCW 43.394.010.

catchline: Miscellaneous.


title: RCW 43.160.010

text:
(1) The legislature finds that it is the public policy of the state of Washington to direct financial resources toward the fostering of economic development through the stimulation of investment and job opportunities and the retention of sustainable existing employment for the general welfare of the inhabitants of the state. Reducing unemployment and reducing the time citizens remain jobless is important for the economic welfare of the state. A valuable means of fostering economic development is the construction of public facilities which contribute to the stability and growth of the state's economic base. Expenditures made for these purposes as authorized in this chapter are declared to be in the public interest, and constitute a proper use of public funds. A community economic revitalization board is needed which shall aid the development of economic opportunities. The general objectives of the board should include:
(a) Strengthening the economies of areas of the state which have experienced or are expected to experience chronically high unemployment rates or below average growth in their economies;
(b) Encouraging the diversification of the economies of the state and regions within the state in order to provide greater seasonal and cyclical stability of income and employment;
(c) Encouraging wider access to financial resources for both large and small industrial development projects;
(d) Encouraging new economic development or expansions to maximize employment;
(e) Encouraging the retention of viable existing firms and employment;
(f) Providing incentives for expansion of employment opportunities for groups of state residents that have been less successful relative to other groups in efforts to gain permanent employment; and
(g) Enhancing job and business growth through facility development and other improvements in innovation partnership zones designated under RCW 43.330.270.
(2) The legislature also finds that the state's economic development efforts can be enhanced by, in certain instances, providing funds to improve state highways, county roads, or city streets for industries considering locating or expanding in this state.
(3) The legislature finds it desirable to provide a process whereby the need for diverse public works improvements necessitated by planned economic development can be addressed in a timely fashion and with coordination among all responsible governmental entities.
(4) The legislature also finds that the state's economic development efforts can be enhanced by, in certain instances, providing funds to assist development of telecommunications infrastructure that supports business development, retention, and expansion in the state.
(5) The legislature also finds that the state's economic development efforts can be enhanced by providing funds to improve markets for those recyclable materials representing a large fraction of the waste stream. The legislature finds that public facilities which result in private construction of processing or remanufacturing facilities for recyclable materials are eligible for consideration from the board.
(6) The legislature finds that sharing economic growth statewide is important to the welfare of the state. The ability of communities to pursue business and job retention, expansion, and development opportunities depends on their capacity to ready necessary economic development project plans, sites, permits, and infrastructure for private investments. Project-specific planning, predevelopment, and infrastructure are critical ingredients for economic development. It is, therefore, the intent of the legislature to increase the amount of funding available through the community economic revitalization board and to authorize flexibility for available resources in these areas to help fund planning, predevelopment, and construction costs of infrastructure and facilities and sites that foster economic vitality and diversification.
[ 2012 c 225 s 2; 2008 c 327 s 1. Prior: 1999 c 164 s 101; 1999 c 94 s 5; 1996 c 51 s 1; 1991 c 314 s 21; 1989 c 431 s 61; 1987 c 422 s 1; 1984 c 257 s 1; 1982 1st ex.s. c 40 s 1.]
Notes:
Effective date—2008 c 327 ss 1, 2, 4-11, 17: "Sections 1, 2, 4 through 11, and 17 of this act take effect July 1, 2009." [ 2008 c 327 s 18.]
Findings—Intent—1999 c 164: "The legislature finds that while Washington's economy is currently prospering, economic growth continues to be uneven, particularly as between metropolitan and rural areas. This has created in effect two Washingtons. One afflicted by inadequate infrastructure to support and attract investment, another suffering from congestion and soaring housing prices. In order to address these problems, the legislature intends to use resources strategically to build on our state's strengths while addressing threats to our prosperity." [ 1999 c 164 s 1.]
Part headings and subheadings not law—1999 c 164: "Part headings and subheadings used in this act are not any part of the law." [ 1999 c 164 s 801.]
Effective date—1999 c 164: "This act takes effect August 1, 1999." [ 1999 c 164 s 802.]
Severability—1999 c 164: "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." [ 1999 c 164 s 804.]
Legislative finding—Effective dates—1999 c 94: See notes following RCW 43.84.092.
Severability—1996 c 51: "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." [ 1996 c 51 s 11.]
Effective dates—1996 c 51: "(1) Sections 1 through 9 and 11 of this act shall take effect July 1, 1996.
(2) Section 10 of this act shall take effect June 30, 1997." [ 1996 c 51 s 12.]
Findings—1991 c 314: See note following RCW 43.160.020.

catchline: Findings.


title: RCW 43.160.020

text:
Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.
(1) "Board" means the community economic revitalization board.
(2) "Broadband" means a network of deployed telecommunications equipment and technologies necessary to provide high-speed internet access and other advanced telecommunications services.
(3) "Department" means the department of commerce.
(4) "Frontier county" means a county with a population density of fewer than 50 persons per square mile as determined by the office of financial management and published each year by the department. A county with a population density of 21 or fewer persons per square mile is a "frontier one" county. A county with a population density of more than 21 but fewer than 50 persons per square mile is a "frontier two" county. Every frontier county is also a rural county under this chapter and eligible for all benefits, services, and programs of a rural county unless a frontier county is specifically excluded in the authorizing statute.
(5) "Local government" or "political subdivision" means any port district, county, city, town, special purpose district, and any other municipal corporations or quasi-municipal corporations in the state providing for public facilities under this chapter.
(6) "Public facilities" means a project of a local government or a federally recognized Indian tribe for the planning, acquisition, construction, repair, reconstruction, replacement, rehabilitation, or improvement of: Bridges; roads; research, testing, training, and incubation facilities in areas designated as innovation partnership zones under RCW 43.330.270; buildings or structures; domestic and industrial water, earth stabilization, sanitary sewer, storm sewer, railroad, electricity, telecommunications, transportation, natural gas, and port facilities; all for the purpose of job creation, job retention, or job expansion.
(7) "Rural county" means any of the following, as determined by the office of financial management pursuant to RCW 43.62.035: (a) A county with a population density of fewer than 100 persons per square mile; (b) a county with a population density of 100 persons per square mile or greater, with no city with a population greater than 45,000 persons; or (c) a county smaller than 225 square miles.
[ 2026 c 42 s 1. Prior: 2024 c 86 s 2; 2024 c 47 s 1; 2012 c 225 s 3; 2009 c 565 s 35; prior: 2008 c 327 s 2; 2008 c 131 s 1; 2004 c 252 s 1; 1999 c 164 s 102; 1997 c 367 s 8; 1996 c 51 s 2; 1995 c 226 s 14; prior: 1993 c 320 s 1; 1993 c 280 s 55; 1992 c 21 s 3; 1991 c 314 s 22; 1985 c 466 s 58; 1985 c 6 s 12; 1984 c 257 s 2; 1983 1st ex.s. c 60 s 1; 1982 1st ex.s. c 40 s 2.]
Notes:
Findings—2024 c 86: See note following RCW 43.160.065.
Effective date—2008 c 327 ss 1, 2, 4-11, 17: See note following RCW 43.160.010.
Effective date—2008 c 131: "This act takes effect July 1, 2009." [ 2008 c 131 s 6.]
Findings—Intent—Part headings and subheadings not law—Effective date—Severability—1999 c 164: See notes following RCW 43.160.010.
Severability—1997 c 367: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [ 1997 c 367 s 21.]
Conflict with federal requirements—1997 c 367: "If any part of this act is found to be in conflict with federal requirements that are a prescribed condition to the allocation of federal funds to the state, the conflicting part of this act is inoperative solely to the extent of the conflict and with respect to the agencies directly affected, and this finding does not affect the operation of the remainder of this act in its application to the agencies concerned. The rules under this act shall meet federal requirements that are a necessary condition to the receipt of federal funds by the state." [ 1997 c 367 s 22.]
Effective date—1997 c 367: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect July 1, 1997." [ 1997 c 367 s 23.]
Severability—Effective dates—1996 c 51: See notes following RCW 43.160.010.
Severability—1995 c 226: "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." [ 1995 c 226 s 37.]
Conflict with federal requirements—1995 c 226: "If any part of this act is found to be in conflict with federal requirements that are a prescribed condition to the allocation of federal funds to the state, the conflicting part of this act is inoperative solely to the extent of the conflict and with respect to the agencies directly affected, and this finding does not affect the operation of the remainder of this act in its application to the agencies concerned. The rules under this act shall meet federal requirements that are a necessary condition to the receipt of federal funds by the state." [ 1995 c 226 s 38.]
Effective date—1995 c 226: "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 shall take effect July 1, 1995." [ 1995 c 226 s 39.]
Effective date—1993 c 280: See RCW 43.330.902.
Findings—1991 c 314: "The legislature finds that:
(1) Cutbacks in allowable sales of old growth timber in Washington state pose a substantial threat to the region and the state with massive layoffs, loss of personal income, and declines in state revenues;
(2) The timber impact areas are of critical significance to the state because of their leading role in the overall economic well-being of the state and their importance to the quality of life to all residents of Washington, and that these regions require a special state effort to diversify the local economy;
(3) There are key opportunities to broaden the economic base in the timber impact areas including agriculture, high-technology, tourism, and regional exports; and
(4) A coordinated state, local, and private sector effort offers the greatest potential to promote economic diversification and to provide support for new projects within the region.
The legislature further finds that if a special state effort does not take place the decline in allowable timber sales may result in a loss of six thousand logging and milling jobs; two hundred million dollars in direct wages and benefits; twelve thousand indirect jobs; and three hundred million dollars in indirect wages and benefits.
It is the intent of the legislature to develop comprehensive programs to provide diversified economic development and promote job creation and employment opportunities for the citizens of the timber impact areas." [ 1991 c 314 s 1.]
Effective date—Severability—1985 c 466: See notes following RCW 43.31.125.


title: RCW 43.160.030

text:
(1) The community economic revitalization board is hereby created to exercise the powers granted under this chapter.
(2) The board shall consist of one member from each of the two major caucuses of the house of representatives to be appointed by the speaker of the house and one member from each of the two major caucuses of the senate to be appointed by the president of the senate. The board shall also consist of the following members appointed by the director of commerce: A recognized private or public sector economist; one port district official; one county official; one city official; one representative of a federally recognized Indian tribe; one representative of the public; one representative of small businesses each from: (a) The area west of Puget Sound, (b) the area east of Puget Sound and west of the Cascade range, (c) the area east of the Cascade range and west of the Columbia river, and (d) the area east of the Columbia river; one executive from large businesses each from the area west of the Cascades and the area east of the Cascades. The appointive members shall initially be appointed to terms as follows: Three members for one-year terms, three members for two-year terms, and three members for three-year terms which shall include the chair. Thereafter each succeeding term shall be for three years. The chair of the board shall be selected by the director of commerce. The members of the board shall elect one of their members to serve as vice chair. The director of commerce, the director of revenue, the commissioner of employment security, and the secretary of transportation shall serve as nonvoting advisory members of the board.
(3) Management services, including fiscal and contract services, shall be provided by the department to assist the board in implementing this chapter.
(4) Members of the board shall be reimbursed for travel expenses as provided in RCW 43.03.050 and 43.03.060.
(5) If a vacancy occurs by death, resignation, or otherwise of appointive members of the board, the director of commerce shall fill the same for the unexpired term. Members of the board may be removed for malfeasance or misfeasance in office, upon specific written charges by the director of commerce, under chapter 34.05 RCW.
(6) A member appointed by the director of commerce may not be absent from more than fifty percent of the regularly scheduled meetings in any one calendar year. Any member who exceeds this absence limitation is deemed to have withdrawn from the office and may be replaced by the director of commerce.
(7) A majority of members currently appointed constitutes a quorum.
[ 2011 1st sp.s. c 21 s 25; 2008 c 327 s 3; 2004 c 252 s 2; 2003 c 151 s 1; 1996 c 51 s 3; 1995 c 399 s 86; 1993 c 320 s 2. Prior: 1987 c 422 s 2; 1987 c 195 s 11; prior: 1985 c 446 s 2; 1985 c 6 s 13; prior: 1985 c 446 s 1; 1984 c 287 s 89; 1983 1st ex.s. c 60 s 2; 1982 1st ex.s. c 40 s 3.]
Notes:
Effective date—2011 1st sp.s. c 21: See note following RCW 72.23.025.
Effective date—2008 c 327 s 3: "Section 3 of 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 1, 2008]." [ 2008 c 327 s 19.]
Severability—Effective dates—1996 c 51: See notes following RCW 43.160.010.
Legislative findings—Severability—Effective date—1984 c 287: See notes following RCW 43.03.220.

catchline: Community economic revitalization board—Members—Terms—Chair, vice chair—Management services—Travel expenses—Vacancies—Removal.


title: RCW 43.160.035

text:
Each member of the house of representatives who is appointed to the community economic revitalization board under RCW 43.160.030 may designate another member from the house of representatives to take his or her place on the board for meetings at which the member will be absent, as long as the designated member belongs to the same caucus. The designee shall have all powers to vote and participate in board deliberations as have the other board members. Each member of the senate who is appointed to the community economic revitalization board under RCW 43.160.030 may designate another member from the senate to take his or her place on the board for meetings at which the member will be absent, as long as the designated member belongs to the same caucus. The designee shall have all powers to vote and participate in board deliberations as have the other board members. Each agency head of an executive agency who is appointed to serve as a nonvoting advisory member of the community economic revitalization board under RCW 43.160.030 may designate an agency employee to take his or her place on the board for meetings at which the agency head will be absent. The designee will have all powers to participate in board deliberations as have the other board members but shall not have voting powers.
[ 2003 c 151 s 2; 1993 c 320 s 3; 1987 c 422 s 3; 1985 c 446 s 4.]

catchline: Designees for board members.


title: RCW 43.160.040

text:
In addition to other applicable provisions of law pertaining to conflicts of interest of public officials, no board member, appointive or otherwise, may participate in any decision on any board contract in which the board member has any interests, direct or indirect, with any firm, partnership, corporation, or association which would be the recipient of any aid under this chapter. In any instance where the participation occurs, the board shall void the transaction, and the involved member shall be subject to whatever further sanctions may be provided by law. The board shall frame and adopt a code of ethics for its members, which shall be designed to protect the state and its citizens from any unethical conduct by the board.
[ 1982 1st ex.s. c 40 s 4.]

catchline: Conflicts of interest—Code of ethics.


title: RCW 43.160.050

text:
The board may:
(1) Adopt bylaws for the regulation of its affairs and the conduct of its business.
(2) Adopt an official seal and alter the seal at its pleasure.
(3) Utilize the services of other governmental agencies.
(4) Accept from any federal agency loans or grants for the planning or financing of any project and enter into an agreement with the agency respecting the loans or grants.
(5) Conduct examinations and investigations and take testimony at public hearings of any matter material for its information that will assist in determinations related to the exercise of the board's lawful powers.
(6) Accept any gifts, grants, or loans of funds, property, or financial or other aid in any form from any other source on any terms and conditions which are not in conflict with this chapter.
(7) Enter into agreements or other transactions with and accept grants and the cooperation of any governmental agency in furtherance of this chapter.
(8) Adopt rules under chapter 34.05 RCW as necessary to carry out the purposes of this chapter.
(9) Do all acts and things necessary or convenient to carry out the powers expressly granted or implied under this chapter.
[ 2008 c 327 s 4; 1996 c 51 s 4; 1987 c 422 s 4; 1982 1st ex.s. c 40 s 5.]
Notes:
Effective date—2008 c 327 ss 1, 2, 4-11, 17: See note following RCW 43.160.010.
Severability—Effective dates—1996 c 51: See notes following RCW 43.160.010.

catchline: Powers of board.


title: RCW 43.160.060

text:
(1) The board is authorized to make direct loans to political subdivisions of the state and to federally recognized Indian tribes for the purposes of assisting the political subdivisions and federally recognized Indian tribes in financing the cost of public facilities, including development of land and improvements for public facilities, project-specific environmental, capital facilities, land use, permitting, feasibility, and marketing studies and plans; project design, site planning, and analysis; project debt and revenue impact analysis; as well as the construction, rehabilitation, alteration, expansion, or improvement of the facilities. A grant may also be authorized for purposes designated in this chapter, but only when, and to the extent that, a loan is not reasonably possible, given the limited resources of the political subdivision or the federally recognized Indian tribe and the finding by the board that financial circumstances require grant assistance to enable the project to move forward. However, no more than twenty-five percent of all financial assistance approved by the board in any biennium may consist of grants to political subdivisions and federally recognized Indian tribes.
(2) Application for funds must be made in the form and manner as the board may prescribe. In making grants or loans the board must conform to the following requirements:
(a) The board may not provide financial assistance:
(i) For a project the primary purpose of which is to facilitate or promote a retail shopping development or expansion.
(ii) For any project that evidence exists would result in a development or expansion that would displace existing jobs in any other community in the state.
(iii) For a project the primary purpose of which is to facilitate or promote gambling.
(iv) For a project located outside the jurisdiction of the applicant political subdivision or federally recognized Indian tribe.
(b) The board may only provide financial assistance:
(i) For a project demonstrating convincing evidence that a specific private development or expansion is ready to occur and will occur only if the public facility improvement is made that:
(A) Results in the creation of significant private sector jobs or significant private sector capital investment as determined by the board; and
(B) Will improve the opportunities for the successful maintenance, establishment, or expansion of industrial or commercial plants or will otherwise assist in the creation or retention of long-term economic opportunities;
(ii) For a project that cannot meet the requirement of (b)(i) of this subsection but is a project that:
(A) Results in the creation of significant private sector jobs or significant private sector capital investment as determined by the board;
(B) Is part of a local economic development plan consistent with applicable state planning requirements;
(C) Can demonstrate project feasibility using standard economic principles; and
(D) Is located in a rural community as defined by the board, or a rural county;
(iii) For site-specific plans, studies, and analyses that address environmental impacts, capital facilities, land use, permitting, feasibility, marketing, project engineering, design, site planning, costs of achieving site readiness, and project debt and revenue impacts, as grants. After December 31, 2028, such grants may not exceed $200,000. For purposes of this subsection (2)(b)(iii), "achieving site readiness" must be defined by the board.
(c) The board must develop guidelines for local participation and allowable match and activities.
(d) An application must demonstrate local match and local participation, in accordance with guidelines developed by the board.
(e) An application must be approved by the political subdivision and supported by the local associate development organization or local workforce development council or approved by the governing body of the federally recognized Indian tribe.
(f) The board may allow de minimis general system improvements to be funded if they are critically linked to the viability of the project.
(g) An application must demonstrate convincing evidence that the median hourly wage of the private sector jobs created after the project is completed will exceed the countywide median hourly wage.
(h) The board must prioritize each proposed project according to:
(i) The relative benefits provided to the community by the jobs the project would create, not just the total number of jobs it would create after the project is completed, but also giving consideration to the unemployment rate in the area in which the jobs would be located;
(ii) The rate of return of the state's investment, including, but not limited to, the leveraging of private sector investment, anticipated job creation and retention, and expected increases in state and local tax revenues associated with the project;
(iii) Whether the proposed project offers a health insurance plan for employees that includes an option for dependents of employees;
(iv) Whether the public facility investment will increase existing capacity necessary to accommodate projected population and employment growth in a manner that supports infill and redevelopment of existing urban or industrial areas that are served by adequate public facilities. Projects should maximize the use of existing infrastructure and provide for adequate funding of necessary transportation improvements;
(v) Whether the applicant's permitting process has been certified as streamlined by the office of regulatory assistance; and
(vi) Whether the applicant has developed and adhered to guidelines regarding its permitting process for those applying for development permits consistent with section 1(2), chapter 231, Laws of 2007.
(i) A responsible official of the political subdivision or the federally recognized Indian tribe must be present during board deliberations and provide information that the board requests.
(3) Before any financial assistance application is approved, the political subdivision or the federally recognized Indian tribe seeking the assistance must demonstrate to the community economic revitalization board that no other timely source of funding is available to it at costs reasonably similar to financing available from the community economic revitalization board.
[ 2023 c 93 s 2; 2014 c 112 s 108; 2012 c 196 s 10; 2008 c 327 s 5; 2007 c 231 s 3; 2004 c 252 s 3. Prior: 2002 c 242 s 4; 2002 c 239 s 1; 1999 c 164 s 103; 1996 c 51 s 5; 1993 c 320 s 4; 1990 1st ex.s. c 17 s 73; 1989 c 431 s 62; 1987 c 422 s 5; 1985 c 446 s 3; 1983 1st ex.s. c 60 s 3; 1982 1st ex.s. c 40 s 6.]
Notes:
Findings—Intent—2023 c 93: "(1) The legislature finds that while many of Washington's high-wage industries, particularly those clustered around the Puget Sound corridor, have weathered both public health and economic crises well, many rural communities continue to struggle to recover without adequate access to resources. This has negative impacts on rural communities' broader ability to retain and grow family-wage jobs and local businesses, grow their tax base, and provide basic government services.
(2) The legislature further finds that reliable, modern infrastructure is critical for successful economic recovery and development. The underpinning of all commerce is physical infrastructure: Roads, transit, airports, railroads, water and sewer, broadband, and energy. Public investments in infrastructure create construction jobs, set the stage for future private investment, and shape an area's prospects for generations. New or relocating businesses often factor in the degree of certainty in timing of permitting and predevelopment work in selecting a site to locate.
(3) Therefore, the legislature intends to promote permanent job growth, ensure equitable recovery, and provide businesses as much predictability and certainty as possible through supporting site readiness and investments in predevelopment work to help give new or relocating businesses the assurance and confidence they need to choose Washington communities as their next home." [ 2023 c 93 s 1.]
Effective date—2008 c 327 ss 1, 2, 4-11, 17: See note following RCW 43.160.010.
Findings—Recommendations—Reports encouraged—2007 c 231: See note following RCW 43.155.070.
Findings—Intent—2002 c 242: See note following RCW 43.84.092.
Findings—Intent—Part headings and subheadings not law—Effective date—Severability—1999 c 164: See notes following RCW 43.160.010.
Severability—Effective dates—1996 c 51: See notes following RCW 43.160.010.
Intent—1990 1st ex.s. c 17: See note following RCW 43.210.010.
Severability—Part, section headings not law—1990 1st ex.s. c 17: See RCW 36.70A.900 and 36.70A.901.

catchline: Loans and grants to political subdivisions and federally recognized Indian tribes for public facilities authorized—Application—Requirements for financial assistance.


title: RCW 43.160.065

text:
(1) The board is authorized to make rural broadband loans and grants to local governments and to federally recognized Indian tribes for the purposes of financing the cost to build infrastructure to provide high-speed, open-access broadband service, to rural and underserved communities, for the purpose of economic or community development.
(2) Applications for funding must be made in the form and manner as the board may prescribe. In making grants or loans the board must conform to the following requirements:
(a) The board may not provide financial assistance:
(i) For a project the primary purpose of which is to facilitate or promote a retail shopping development or expansion; or
(ii) For the deployment of publicly owned telecommunications network infrastructure (commonly referred to as "backbone") solely for the sake of creating competitive, publicly owned telecommunications network infrastructure.
(b) The board may provide financial assistance only for projects located in a rural community as defined by the board, or located in a rural county, that encourage, foster, develop, and improve broadband within the state in order to:
(i) Drive job creation, promote innovation, and expand markets for local businesses; or
(ii) Serve the ongoing and growing needs of the local education system, health care system, public safety system, industries and businesses, governmental operations, and citizens.
(c) An application must be approved by the local government and supported by the local associate development organization or local workforce development council or approved by the governing body of the federally recognized Indian tribe.
(d) The board may allow de minimis general system improvements to be funded if they are critically linked to the viability of the project.
(e) When evaluating and prioritizing projects, the board must give consideration, at a minimum, to the following factors:
(i) The project's value to the community, including evidence of support from affected local businesses and government;
(ii) The project's feasibility, using standard economic principles;
(iii) Commitment of local matching resources and local participation;
(iv) The project's use of a technology-neutral approach in order to expand access at the lowest cost;
(v) The project's inclusion in a capital facilities plan, comprehensive plan, or local economic development plan consistent with applicable state planning requirements; and
(vi) The project's readiness to proceed.
(3) A responsible official of the local government or the federally recognized Indian tribe must be present during board deliberations and provide information that the board requests.
(4) Before any financial assistance application is approved, the local government or the federally recognized Indian tribe seeking the assistance must demonstrate to the board that no other timely source of funding is available to it at costs reasonably similar to financing available from the board.
[ 2024 c 86 s 3.]
Notes:
Findings—2024 c 86: "The legislature recognizes that high-speed internet connectivity through broadband is essential to support educational opportunity; innovations in the provision of education, public safety, and health care; and business growth. The legislature also finds that open-access broadband networks create a public platform that bolsters the private sector's ability to provide broadband internet access to communities for which access was previously cost-prohibitive. Therefore, to efficiently and sustainably expand access to broadband throughout Washington, this act establishes a grant and loan program through the community economic revitalization board for local governments and federally recognized Indian tribes to develop open-access broadband networks." [ 2024 c 86 s 1.]

catchline: Loans and grants to local governments and federally recognized Indian tribes for rural broadband authorized—Application—Requirements for financial assistance.