title: RCW 43.41.400

text:
(1) An education data center shall be established in the office of financial management. The education data center shall jointly, with the legislative evaluation and accountability program committee, conduct collaborative analyses of early learning, K-12, and higher education programs and education issues across the P-20 system, which includes the department of children, youth, and families, the superintendent of public instruction, the professional educator standards board, the state board of education, the state board for community and technical colleges, the workforce training and education coordinating board, the student achievement council, public and private nonprofit four-year institutions of higher education, and the employment security department. The education data center shall conduct collaborative analyses under this section with the legislative evaluation and accountability program committee and provide data electronically to the legislative evaluation and accountability program committee, to the extent permitted by state and federal confidentiality requirements. The education data center shall be considered an authorized representative of the state educational agencies in this section under applicable federal and state statutes for purposes of accessing and compiling student record data for research purposes.
(2) The education data center shall:
(a) In consultation with the legislative evaluation and accountability program committee and the agencies and organizations participating in the education data center, identify the critical research and policy questions that are intended to be addressed by the education data center and the data needed to address the questions;
(b) Coordinate with other state education agencies to compile and analyze education data, including data on student demographics that is disaggregated by distinct ethnic categories within racial subgroups, and complete P-20 research projects;
(c) Collaborate with the legislative evaluation and accountability program committee and the education and fiscal committees of the legislature in identifying the data to be compiled and analyzed to ensure that legislative interests are served;
(d) Annually provide to the K-12 data governance group a list of data elements and data quality improvements that are necessary to answer the research and policy questions identified by the education data center and have been identified by the legislative committees in (c) of this subsection. Within three months of receiving the list, the K-12 data governance group shall develop and transmit to the education data center a feasibility analysis of obtaining or improving the data, including the steps required, estimated time frame, and the financial and other resources that would be required. Based on the analysis, the education data center shall submit, if necessary, a recommendation to the legislature regarding any statutory changes or resources that would be needed to collect or improve the data;
(e) Monitor and evaluate the education data collection systems of the organizations and agencies represented in the education data center ensuring that data systems are flexible, able to adapt to evolving needs for information, and to the extent feasible and necessary, include data that are needed to conduct the analyses and provide answers to the research and policy questions identified in (a) of this subsection;
(f) Track enrollment and outcomes through the public centralized higher education enrollment system;
(g) Assist other state educational agencies' collaborative efforts to develop a long-range enrollment plan for higher education including estimates to meet demographic and workforce needs;
(h) Provide research that focuses on student transitions within and among the early learning, K-12, and higher education sectors in the P-20 system;
(i) Prepare an annual report on the educational and workforce outcomes of youth in and released from institutional education facilities as defined in RCW 28A.190.005, using data disaggregated by age, and by ethnic categories and racial subgroups in accordance with RCW 28A.300.042. The annual report required by this subsection (2)(i) must be provided to the office of the superintendent of public instruction in a manner that is suitable for compliance with RCW 28A.190.110; and
(j) Make recommendations to the legislature as necessary to help ensure the goals and objectives of this section and RCW 28A.655.210 and 28A.300.507 are met.
(3) The department of children, youth, and families, superintendent of public instruction, professional educator standards board, state board of education, state board for community and technical colleges, workforce training and education coordinating board, student achievement council, public four-year institutions of higher education, department of social and health services, and employment security department shall work with the education data center to develop data-sharing and research agreements, consistent with applicable security and confidentiality requirements, to facilitate the work of the center. The education data center shall also develop data-sharing and research agreements with the administrative office of the courts to conduct research on educational and workforce outcomes using data maintained under RCW 13.50.010(12) related to juveniles. Private, nonprofit institutions of higher education that provide programs of education beyond the high school level leading at least to the baccalaureate degree and are accredited by the Northwest association of schools and colleges or their peer accreditation bodies may also develop data-sharing and research agreements with the education data center, consistent with applicable security and confidentiality requirements. The education data center shall make data from collaborative analyses available to the education agencies and institutions that contribute data to the education data center to the extent allowed by federal and state security and confidentiality requirements applicable to the data of each contributing agency or institution.
[ 2021 c 164 s 15; 2017 3rd sp.s. c 6 s 223; 2016 c 72 s 108; 2012 c 229 s 585; 2009 c 548 s 201; 2007 c 401 s 3.]
Notes:
Findings—Intent—2021 c 164: See note following RCW 28A.190.005.
Effective date—2017 3rd sp.s. c 6 ss 102, 104-115, 201-227, 301-337, 401-419, 501-513, 801-803, and 805-822: See note following RCW 43.216.025.
Conflict with federal requirements—2017 3rd sp.s. c 6: See RCW 43.216.908.
Finding—Intent—2016 c 72: See note following RCW 28A.600.015.
Effective date—2012 c 229 ss 101, 117, 401, 402, 501 through 594, 601 through 609, 701 through 708, 801 through 821, 902, and 904: See note following RCW 28B.77.005.
Intent—2009 c 548: See RCW 28A.150.1981.
Finding—2009 c 548: See note following RCW 28A.410.270.
Intent—Finding—2009 c 548: See note following RCW 28A.305.130.
Findings—2007 c 401: See note following RCW 28A.300.500.

catchline: Education data center.


doc_type: statute

jurisdiction: wa

title: RCW 43.41.405

text:
The education data center and the superintendent of public instruction shall take all actions necessary to secure federal funds to implement RCW 43.41.400, 28A.655.210, and 28A.300.507.
[ 2009 c 548 s 204.]
Notes:
Intent—2009 c 548: See RCW 28A.150.1981.
Finding—2009 c 548: See note following RCW 28A.410.270.
Intent—Finding—2009 c 548: See note following RCW 28A.305.130.

license: public-domain-government-work

rule_set: Revised Code of Washington

catchline: K-12 data—Securing federal funds.

code: rcw

unit: section

court: Washington State Legislature


title: RCW 43.41.410

text:
The education data center in consultation with institutions of higher education as defined in RCW 28B.10.016 shall annually develop information on the approximate amount of state support that students receive. For students at state-supported colleges and universities, the information must include the approximate level of support received by students in each tuition category. That information may include consideration of the following: Expenditures included in the educational cost formula; revenue forgiven from waived tuition and fees; state-funded financial aid awarded to students at public institutions; and all or a portion of appropriated amounts not reflected in the educational cost formula for institutional programs and services that may affect or enhance the educational experience of students at a particular institution. For students attending a private college, university, or proprietary school, the information shall include the amount of state-funded financial aid awarded to students attending the institution.
[ 2012 c 229 s 301.]

catchline: State support for students at institutions of higher education—Information.


title: RCW 43.41.415

text:
(1) The education data center, in consultation with the house of representatives and senate committees responsible for higher education, the respective fiscal committees of the house of representatives and senate, the office of financial management, the state board for community and technical colleges, and the state institutions of higher education, shall develop standardized methods and protocols for measuring the undergraduate and graduate educational costs for the state universities, regional universities, and community colleges, including but not limited to the costs of instruction, costs to provide degrees in specific fields, and costs for precollege remediation.
(2) The institutions of higher education shall participate in the development of cost study methods and shall provide all necessary data in a timely fashion consistent with the protocols developed.
(3) Beginning December 1, 2012, and each December 1st thereafter, the center must provide cost study reports intended to meet the information needs of the governor's office and the legislature and the requirements of RCW 43.41.410.
[ 2012 c 229 s 303; 2011 1st sp.s. c 11 s 105; 2004 c 275 s 15; 1995 1st sp.s. c 9 s 7; 1992 c 231 s 5; 1989 c 245 s 3. Prior: 1985 c 390 s 16; 1985 c 370 s 65; 1982 1st ex.s. c 37 s 16; 1981 c 257 s 3; 1977 ex.s. c 322 s 7. Formerly RCW 28B.76.310, 28B.15.070.]
Notes:
Intent—2011 1st sp.s. c 11: See note following RCW 28B.76.020.
Part headings not law—2004 c 275: See note following RCW 28B.76.090.
Intent—Purpose—Effective date—1995 1st sp.s. c 9: See notes following RCW 28B.15.031.
Effective date—1992 c 231: See note following RCW 28B.10.016.
Effective date—Severability—1982 1st ex.s. c 37: See notes following RCW 28B.15.012.
Severability—1981 c 257: See note following RCW 28B.15.031.
Severability—1977 ex.s. c 322: See note following RCW 28B.15.065.

catchline: Development of methods and protocols for measuring educational costs—Reports.


title: RCW 43.41.420

text:
The education data center must determine and report on amounts constituting undergraduate and graduate educational costs to the several boards of regents and trustees for the state institutions of higher education by November 10th of each even-numbered year.
[ 2012 c 229 s 304.]

catchline: Undergraduate and graduate educational costs—Reports to regents and trustees.


title: RCW 43.41.423

text:
The education research and data center shall report to the legislature by December 1, 2024, and each year thereafter, on the impacts of chapter 323, Laws of 2024 on degree completion outcomes, including any increase in the number of students utilizing the extended eligibility provided under chapter 323, Laws of 2024.
[ 2024 c 323 s 6.]

catchline: Extended student financial aid—Reports on impact.


title: RCW 43.41.425

text:
(1) The office shall:
(a) Develop a program for state agencies to certify employment for the purposes of the public service loan forgiveness program by July 1, 2023.
(b) Assist the student loan advocate in creating and distributing materials designed to increase awareness of the public service loan forgiveness program set forth in RCW 28B.77.009.
(c) Collaborate with the student achievement council, the employment security department, the department of retirement systems, the office of the superintendent of public instruction, nonprofit entities, local government representatives, and other public service employers in developing a statewide initiative to improve access and remove barriers to the public service loan forgiveness program for all public service employees. The program established for state agencies in this section and the certification process in RCW 41.04.045 may be considered in the development of the initiative. A plan for a statewide initiative must be developed and submitted to the higher education committees of the legislature by December 1, 2024, in compliance with RCW 43.01.036.
(2) For purposes of this section, the definitions in this subsection apply:
(a) "Certifying employment" means either completing the employer sections of the public service loan forgiveness form or sharing data directly with the United States department of education that corresponds to the information required for the public service loan forgiveness form, as allowed by the United States department of education.
(b) "Public service employer" includes the following:
(i) Any governmental entity including state, county, city, or other local government entity including political subdivisions, such as office, department, independent agency, school district, public college or university system, public library system, authority, or other body including the legislature and the judiciary;
(ii) Any employer that has received designation as a tax-exempt organization pursuant to Title 26 U.S.C. Sec. 501(c)(3) of the federal internal revenue code of 1986, as amended;
(iii) Any other entities identified as a public service job in Title 20 U.S.C. Sec. 1087e(m).
(c) "Public service loan forgiveness program" means the federal loan forgiveness program established pursuant to Title 20 U.S.C. Sec. 1087e(m) and 34 C.F.R. Sec. 685.219.
(d) "State agency" or "agency" means departments, offices, agencies, or institutions of state government, the legislature, institutions of higher education, school districts, and educational service districts.
[ 2024 c 2 s 3; 2023 c 470 s 3016; 2022 c 248 s 3.]
Notes:
Explanatory statement—2023 c 470: See note following RCW 10.99.030.
Intent—Effective date—2022 c 248: See notes following RCW 28B.77.009.

catchline: Program to certify employment for public service loan forgiveness—Awareness materials—Statewide initiative.


title: RCW 43.41.430

text:
(1) Subject to funds appropriated for this specific purpose, the office of financial management may establish an information technology investment pool and may enter into financial contracts for the acquisition of information technology projects for state agencies. Information technology projects funded under this section must meet the following requirements:
(a) The project begins or continues replacement of information technology systems with modern and more efficient information technology systems;
(b) The project improves the ability of an agency to recover from major disaster; or
(c) The project provides future savings and efficiencies for an agency through reduced operating costs, improved customer service, or increased revenue collections.
(2) Preference for project approval under this section must be given to an agency that has prior project approval from Washington technology solutions and an approved business plan, and the primary hurdle to project funding is the lack of funding capacity.
(3) The office of financial management with assistance from Washington technology solutions shall report to the governor and the fiscal committees of the legislature by November 1st of each year on the status of distributions and expenditures on information technology projects and improved statewide or agency performance results achieved by project funding.
[ 2024 c 54 s 52; 2013 2nd sp.s. c 33 s 5.]

catchline: Information technology investment pool—Information technology projects—Reports.


title: RCW 43.41.433

text:
(1) The information technology investment revolving account is created in the custody of the state treasurer. All receipts from legislative appropriations and transfers must be deposited into the account. Only the director of financial management or the director's designee may authorize expenditures from the account. The account is subject to allotment procedures under chapter 43.88 RCW, but an appropriation is not required for expenditures.
(2) Any residual balance of funds remaining in the information technology investment revolving account created in section 705, chapter 4, Laws of 2015 3rd sp. sess. and reenacted in subsection (1) of this section shall be transferred to the information technology investment revolving account created in subsection (1) of this section after June 30, 2017.
[ 2018 c 299 s 901; 2017 3rd sp.s. c 1 s 950.]
Notes:
Effective date—2018 c 299: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately [March 27, 2018]." [ 2018 c 299 s 927.]
Effective date—2017 3rd sp.s. c 1: See note following RCW 43.41.455.

catchline: Information technology investment revolving account.


title: RCW 43.41.435

text:
The office must destroy enumeration data collected under RCW 35.13.260, 35A.14.700, 36.13.030, and chapter 43.62 RCW after it is used to produce the required population estimates.
[ 2014 c 14 s 2.]

catchline: Enumeration data used for population estimates—Destruction.


title: RCW 43.41.440

text:
(1) The statewide information technology system development revolving account is created in the custody of the state treasurer. All receipts from legislative appropriations and assessments to agencies for the development and acquisition of enterprise information technology systems must be deposited into the account. Moneys in the account may be spent only after appropriation. The account must be used solely for the development and acquisition of enterprise information technology systems that are consistent with the enterprise-based strategy established by Washington technology solutions in RCW 43.105.025. Expenditures from the account may not be used for maintenance and operations of enterprise information technology systems. The account may be used for the payment of salaries, wages, and other costs directly related to the development and acquisition of enterprise information technology systems.
(2) All payment of principal and interest on debt issued for enterprise information technology systems must be paid from the account.
(3) The office may contract for the development or acquisition of enterprise information technology systems.
(4) For the purposes of this section and RCW 43.41.442, "enterprise information technology system" means an information technology system that serves agencies with a certain business need or process that are required to use the system unless the agency has received a waiver from the state chief information officer. "Enterprise information technology system" also includes projects that are of statewide significance including enterprise-level solutions, enterprise resource planning, and shared services initiatives.
[ 2024 c 54 s 42; 2015 3rd sp.s. c 1 s 502.]
Notes:
Effective date—2015 3rd sp.s. c 1 ss 101-109, 201-224, 406-408, 410, 501-507, 601, and 602: See note following RCW 43.105.007.

catchline: Statewide information technology system development revolving account—Contracts for enterprise information technology systems—"Enterprise information technology system" defined.


title: RCW 43.41.442

text:
(1) The statewide information technology system maintenance and operations revolving account is created in the custody of the state treasurer. All receipts from fees, charges for services, and assessments to agencies for the maintenance and operations of enterprise information technology systems must be deposited into the account. The account must be used solely for the maintenance and operations of enterprise information technology systems.
(2) Only the director or the director's designee may authorize expenditures from the account. The account is subject to allotment procedures under chapter 43.88 RCW, but no appropriation is required for expenditure.
(3) The office may contract with Washington technology solutions for the billing of fees, charges for services, and assessments to agencies, and for the maintenance and operations of enterprise information technology systems.
(4) "Enterprise information technology system" has the definition in RCW 43.41.440.
[ 2024 c 54 s 43; 2015 3rd sp.s. c 1 s 503.]
Notes:
Effective date—2015 3rd sp.s. c 1 ss 101-109, 201-224, 406-408, 410, 501-507, 601, and 602: See note following RCW 43.105.007.

catchline: Statewide information technology system maintenance and operations revolving account—Contracts for administration, maintenance, and operations of enterprise information technology systems.


title: RCW 43.41.450

text:
The office of financial management central service account is created in the state treasury. The account is to be used by the office as a revolving fund for the payment of salaries, wages, and other costs required for the operation and maintenance of statewide budgeting, accounting, forecasting, and functions and activities in the office. All receipts from agency fees and charges for services collected from public agencies must be deposited into the account. The director shall fix the terms and charges to agencies based on each agency's share of the office statewide cost allocation plan for federal funds. Moneys in the account may be spent only after appropriation. During the 2021-2023 and 2023-2025 fiscal biennia, the account may be used as a revolving fund for the payment of salaries, wages, and other costs related to policy activities in the office. During the 2025-2027 fiscal biennium, moneys in the account may also be transferred into the state general fund.
[ 2025 c 424 s 950; 2023 c 435 s 1; 2022 c 297 s 953; 2017 3rd sp.s. c 1 s 968; 2016 sp.s. c 36 s 927.]
Notes:
Effective date—2025 c 424: See note following RCW 9.46.100.
Effective date—2023 c 435: See note following RCW 43.79.570.
Effective date—2022 c 297: See note following RCW 43.79.565.
Effective date—2017 3rd sp.s. c 1: See note following RCW 43.41.455.
Effective date—2016 sp.s. c 36: See note following RCW 18.20.430.

catchline: Office of financial management central service account.


title: RCW 43.41.455

text:
The state agency office relocation pool account is created in the custody of the state treasurer. All receipts from legislative appropriations and transfers must be deposited in the account. Expenditures from the account may be used only for state agency costs related to relocation of state agency offices. Authorized expenditures include lease payments and costs of relocation, equipment, furniture, and tenant improvements. Only the director of the office of financial management or the director's designee may authorize expenditures from the account. The account is subject to allotment procedures under chapter 43.88 RCW, but an appropriation is not required for expenditures.
[ 2017 3rd sp.s. c 1 s 949.]
Notes:
Effective date—2017 3rd sp.s. c 1: "Except for section 990 of this act, 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 [June 30, 2017]." [ 2017 3rd sp.s. c 1 s 1903.]

catchline: State agency office relocation pool account.


title: RCW 43.41.460

text:
(1) The office shall develop a military recruitment program that targets veterans and gives them credit for their knowledge, skills, and leadership abilities. In developing the program, the office shall consult with the department of enterprise services, department of veteran[s] affairs, the state military transition council, the veterans employee resource group, and other interested stakeholders. Program development must include, but is not limited to, identifying: (a) Public and private military recruitment programs and ways those programs can be used in Washington; (b) similar military and state job classes and develop a system to provide veterans with experience credit for similar work; and (c) barriers to state employment and opportunities to better utilize veterans experience.
(2) The office shall report to the legislature with a draft plan by January 1, 2018, that includes draft bill language if necessary.
[ 2017 c 192 s 4.]
Notes:
Findings—2017 c 192: "The legislature finds that:
(1) Washington state provides a stated preference for hiring veterans and provides a scoring preference for hiring and promotional opportunities to veterans in the form of enhanced test scores;
(2) Few agencies outside of law enforcement use tests in hiring or promotion;
(3) Veterans have experience that is broader than law enforcement and the state can benefit by recruiting people with this experience;
(4) Veterans leave service with experience in transportation, teaching and education, logistics, computer technology, health care, media and communications, construction and engineering, and administrative support;
(5) Many state agencies and other public employers are struggling to fill and retain employees in key positions;
(6) Many public and private employers have developed veteran hiring and recruitment programs that take advantage of the broad experience that veterans bring to the job market." [ 2017 c 192 s 3.]
Findings—2017 c 192: See note following RCW 43.60A.100.

catchline: Military recruitment program for veterans—Development—Report.


title: RCW 43.41.470

text:
(1) Subject to the availability of amounts appropriated for this specific purpose, the Washington climate corps network is established to support and grow climate-related service opportunities for young adults and veterans with the objective of building low-carbon and climate-resilient communities, ecosystems, and economies while providing education, workforce development, and career pathways to service members, with a focus on overburdened communities as defined in RCW 70A.02.010. The Washington climate corps network shall be administered by serve Washington, an entity created in Executive Order 16-08, signed August 24, 2016. The office shall provide the administrative support to serve Washington to facilitate the establishment and operation of the Washington climate corps network.
(2) Serve Washington has the following duties:
(a) Connect, amplify, and grow climate-related service opportunities to mobilize and train young adults and veterans to build clean energy and climate-resilient communities, economies, and ecosystems, with priority on doing so in overburdened communities as defined in RCW 70A.02.010. In growing new, climate-related service opportunities, serve Washington shall consider the findings and recommendations from the clean energy technology workforce advisory committee established under RCW 28C.18.210 and the needs and recommendations developed under RCW 76.04.521 for forest sector workforce development;
(b) Establish common requirements for participating service programs including, but not limited to, a focus on climate-related activities, service member participation in events, and service member participation in the service-learning program established in (c) of this subsection;
(c) Develop and administer a service-learning program that provides training to climate corps network service members during their tenure of service. The service-learning program must provide training and learning opportunities to develop leadership skills, foster environmental stewardship and civic engagement, and expose members to an array of climate-related professional and educational opportunities. Training shall not supplant or replace state registered apprenticeship programs approved under chapter 49.04 RCW. Serve Washington shall leverage opportunities to align the service-learning program with training offered by career connect Washington under chapter 28C.30 RCW and by the department of natural resources under RCW 76.04.521. Serve Washington shall coordinate with the following entities in the design and administration of the service-learning program: Service programs; tribes; environmental justice organizations; labor organizations; institutions that provide career and technical education; the workforce training and education coordinating board created in chapter 28C.18 RCW; career connect Washington authorized under chapter 28C.30 RCW; and the department of natural resources; and
(d) Administer grants to support and broaden access to climate-related service programs, with priority to supporting service in, for, or by members of overburdened communities as defined in RCW 70A.02.010. Serve Washington shall establish a transparent process for establishing priorities and selection criteria. Serve Washington may provide grants to:
(i) Support equitable access to participation in the Washington climate corps network and reduce financial barriers for service members. This includes, but is not limited to, augmenting a service member's living allowance with the intent to achieve or exceed the living wage established in the county of service, if a living wage is in place;
(ii) Reduce the cost of climate corps network service programs to host service members; and
(iii) Support the development of new service programs in geographic and topical areas that currently lack robust climate-related service programs.
[ 2023 c 231 s 2.]
Notes:
Findings—2023 c 231: "(1) The legislature recognizes that climate change is one of the greatest challenges facing the state and the world today, and that we must mobilize Washington's young adults, veterans, and workforce to create the clean energy economy and strengthen our communities and ecosystems in the face of climate impacts.
(2) The legislature finds that service provides a unique opportunity to mobilize young adults and veterans to build clean energy and climate-resilient communities, economies, and ecosystems. Growing equity-centered, climate-related service programs and addressing critical gaps in service opportunities will broaden access to service, ensuring that young adults and veterans of all backgrounds, especially from overburdened communities and vulnerable populations, can serve. Doing so will also ensure that service programs address the needs of communities across the state, especially those communities disproportionately impacted by environmental and health burdens.
(3) The legislature further finds as our state transitions away from a fossil fuel-based economy, we must do so in a way that fosters innovation, investment, and growth in clean energy technology sectors and jobs so our businesses, workforce, and communities can thrive. As state, federal, local, and tribal governments implement policies to mitigate the destructive forces of climate change, there will be consequences for Washington's businesses, workers, and communities. Accomplishing an equitable transition will require identification of future industry occupations and skill needs, the existing workforce's transferable skills to meet those needs, and the gaps that need to be addressed through training and education. The state must also provide support in the transition for workers and communities experiencing declining jobs and revenues associated with high-emissions technologies.
(4) Therefore, to create pathways for workers, young adults, and veterans to help build our clean energy, climate-resilient future, the legislature intends to create the Washington climate corps network and to direct the Washington state workforce training and education coordinating board to establish a clean energy technology advisory committee and to evaluate clean energy technology workforce needs and make recommendations to the governor and legislature.
(5) The legislature recognizes that the creation of the Washington climate corps network is necessary to create pathways for young adults and veterans to help build our clean energy, climate-resilient future and to increase equitable access to these programs. Therefore, the legislature intends for serve Washington to launch the network and conduct initial recruitment in the 2023-25 [2023-2025] fiscal biennium, and to grow the network in future biennia." [ 2023 c 231 s 1.]

catchline: Washington climate corps network.


title: RCW 43.41.472

text:
(1) In administration of the Washington climate corps network, the office and serve Washington have the following powers:
(a) The office, in consultation with serve Washington, may adopt rules pursuant to chapter 34.05 RCW as shall be necessary to implement the purpose of this chapter. Rules may include provisions to:
(i) Establish common requirements and eligibility criteria under RCW 43.41.470(2)(b);
(ii) Establish a transparent process for establishing priorities and selection criteria for grants dispersed under RCW 43.41.470(2)(d);
(b) Receive gifts, grants, and endowments from public or private sources that are made for the use or benefit of the Washington climate corps network and to expend the same or any income therefrom according to their terms and the purpose of this chapter.
(2) In carrying out its duties, serve Washington may establish such relationships with public and private institutions, the federal government, tribes, local governments, private industry, community organizations, and other segments of the general public as may be needed to promote and enable climate action through service.
[ 2023 c 231 s 3.]
Notes:
Findings—2023 c 231: See note following RCW 43.41.470.

catchline: Washington climate corps network—Powers and duties.


title: RCW 43.41.970

text:
If any part of this chapter is ruled to be in conflict with federal requirements which are a prescribed condition of the allocation of federal funds to the state, or to any departments or agencies thereof, such conflicting part of this chapter is declared to be inoperative solely to the extent of the conflict. No such ruling shall affect the operation of the remainder of this chapter. Any internal reorganization carried out under the terms of this chapter shall meet federal requirements which are a necessary condition to the receipt of federal funds by the state.
[ 1969 ex.s. c 239 s 20.]

catchline: Federal requirements for receipt of federal funds.


title: RCW 43.42.005

text:
(1) The legislature finds that: The health and safety of its citizens and environment are of vital interest to the state's long-term quality of life; Washington state is a national leader in protecting its environment; and Washington state has a vibrant and diverse economy that is dependent on the state maintaining high environmental standards. Further, the legislature finds that a complex and confusing network of environmental and land use laws and business regulations can create obstacles to sustainable growth.
It is the intent of the legislature to promote accountability, timeliness, and predictability for citizens, business, and state, federal, and local permitting agencies, and to provide information and assistance on the regulatory process through the creation of the office of regulatory assistance in the governor's office.
(2) The office of regulatory assistance is created to work to continually improve the function of environmental and business regulatory processes by identifying conflicts and overlap in the state's rules, statutes, and operational practices; the office is to provide project proponents and business owners with active assistance for all permitting, licensing, and other regulatory procedures required for completion of specific projects; and the office is to ensure that citizens, businesses, and local governments have access to, and clear information regarding, regulatory processes for permitting and business regulation, including state rules, permit and license requirements, and agency rule-making processes.
(3) The legislature declares that the purpose of this chapter is to provide direction, practical resources, and a range of innovative and optional service delivery options for improving the regulatory process and for providing assistance through the regulatory process on individual projects in furtherance of the state's goals of governmental transparency and accountability.
(4) The legislature intends that establishing an office of regulatory assistance will provide these services without abrogating or limiting the authority of any agency to make decisions on permits, licenses, regulatory requirements, or agency rule making. The legislature further intends that the office of regulatory assistance shall have authority to provide services but shall not have any authority to make decisions on permits.
[ 2010 c 162 s 1; 2009 c 97 s 1; 2007 c 94 s 1; 2003 c 71 s 1; 2002 c 153 s 1.]
Notes:
Effective date—2010 c 162: See note following RCW 43.42.090.

catchline: Findings—Intent.


title: RCW 43.42.010

text:
(1) The office of regulatory assistance is created in the office of financial management and must be administered by the office of the governor to help improve the regulatory system and assist citizens, businesses, and project proponents.
(2) The governor must appoint a director. The director may employ a deputy director and a confidential secretary and such staff as are necessary, or contract with another state agency pursuant to chapter 39.34 RCW for support in carrying out the purposes of this chapter.
(3) The office must offer to:
(a) Act as the central point of contact for the project proponent in communicating about defined issues;
(b) Conduct project scoping as provided in RCW 43.42.050;
(c) Verify that the project proponent has all the information needed to correctly apply for all necessary permits;
(d) Provide general coordination services;
(e) Coordinate the efficient completion among participating agencies of administrative procedures, such as collecting fees or providing public notice;
(f) Maintain contact with the project proponent and the permit agencies to promote adherence to agreed schedules;
(g) Assist in resolving any conflict or inconsistency among permit requirements and conditions;
(h) Coordinate, to the extent practicable, with relevant federal permit agencies and tribal governments;
(i) Facilitate meetings;
(j) Manage a fully coordinated permit process, as provided in RCW 43.42.060; and
(k) Help local jurisdictions comply with the requirements of chapter 36.70B RCW.
(4) The office must also:
(a) Provide information to local jurisdictions about best permitting practices, methods to improve communication with, and solicit early involvement of, state agencies when needed, and effective means of assessing and communicating expected project timelines and costs;
(b) Maintain and furnish information as provided in RCW 43.42.040;
(c) Act as the central entity to collaborate with and provide support to state agencies in meeting the requirements of the regulatory fairness act, chapter 19.85 RCW. Support must include, but is not limited to:
(i) Providing online guidance and tools. Online guidance and tools may include templates and resources to assist agency employees with consistent compliance with the regulatory fairness act, chapter 19.85 RCW. In providing online guidance and tools the office must consult the office of the attorney general. The office will make the online guidance and tools available by December 31, 2017;
(ii) Providing access to available data for agencies to complete cost calculations pursuant to chapter 19.85 RCW; and
(iii) Facilitating sharing of information among agencies and between agencies and business associations;
(d) Provide the following by September 1, 2009, and biennially thereafter, to the governor and the appropriate committees of the legislature:
(i) A performance report including:
(A) Information regarding use of the office's voluntary cost-reimbursement services as provided in RCW 43.42.070;
(B) The number and type of projects or initiatives where the office provided services including the key agencies with which the office partnered;
(C) Specific information on any difficulty encountered in providing services or implementing programs, processes, or assistance tools; and
(D) Trend reporting that allows comparisons between statements of goals and performance targets and the achievement of those goals and targets; and
(ii) Recommendations on system improvements including, but not limited to, recommendations on improving environmental permitting by making it more time efficient and cost-effective for all participants in the process.
[ 2017 c 53 s 3; 2012 c 196 s 1; 2011 c 149 s 2; 2009 c 97 s 4. Prior: 2007 c 231 s 5; 2007 c 94 s 2; 2003 c 71 s 2; 2002 c 153 s 2.]
Notes:
Effective date—2011 c 149: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect June 29, 2011." [ 2011 c 149 s 4.]
Findings—Recommendations—Reports encouraged—2007 c 231: See note following RCW 43.155.070.
Effective date—2003 c 71 s 2: "Section 2 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 18, 2003]." [ 2003 c 71 s 7.]

catchline: Office created—Appointment of director—Duties.


title: RCW 43.42.020

text:
(1) Principles of accountability and transparency shall guide the office in its operations. The office shall provide the following information regarding permits to citizens and businesses:
(a) An agency's average turnaround time from the date of application to date of decision for the required permit, licenses, or other necessary regulatory decisions, or the most relevant information the agency can provide, for projects of a comparable size and complexity;
(b) The information required for an agency to make a decision on a permit or regulatory requirement, including the agency's best estimate of the number of times projects of a similar size and complexity have been asked to clarify, improve, or provide supplemental information before a decision, and the expected agency response time, recognizing that changes in the project or other circumstances may change the information required; and
(c) An estimate of the maximum amount of costs in fees to be paid to state agencies, the type of any studies an agency expects to need, and the timing of any expected public processes for the project.
(2) This section does not create an independent cause of action, affect any existing cause of action, or establish time limits for purposes of RCW 64.40.020.
[ 2009 c 97 s 2; 2007 c 94 s 3; 2002 c 153 s 3.]

catchline: Operating principle—Providing information regarding permits.


title: RCW 43.42.030

text:
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
(1) "Director" means the director of the office of regulatory assistance.
(2) "Fully coordinated permit process" means a comprehensive coordinated permitting assistance approach supported by a written agreement between the project proponent, the office of regulatory assistance, and the agencies participating in the fully coordinated permit process.
(3) "General coordination services" means services that bring interested parties together to explore opportunities for cooperation and to resolve conflicts. General coordination services may be provided as a stand-alone event or as an element of broader project assistance, nonproject-related interagency coordination, or policy and planning teamwork.
(4) "Office" means the office of regulatory assistance established in RCW 43.42.010.
(5) "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.
(6) "Permit agency" means any state, local, or federal agency authorized by law to issue permits.
(7) "Project" means any activity, the conduct of which requires a permit or permits from one or more permit agencies.
(8) "Project proponent" means a citizen, business, or any entity applying for or seeking a permit or permits in the state of Washington.
(9) "Project scoping" means the identification of relevant issues and information needs of a project proponent and the permitting agencies, and reaching a common understanding regarding the process, timing, and sequencing for obtaining applicable permits.
[ 2009 c 97 s 3; 2007 c 94 s 4; 2003 c 71 s 3; 2002 c 153 s 4.]

catchline: Definitions.


title: RCW 43.42.040

text:
(1) The office shall assist citizens, businesses, and project proponents by maintaining and furnishing information, including, but not limited to:
(a) To the extent possible, compiling and periodically updating one or more handbooks containing lists and explanations of permit laws, including all relevant local, state, federal, and tribal laws. In providing this information, the office shall seek the cooperation of relevant local, state, and federal agencies and tribal governments;
(b) Establishing and providing notice of a point of contact for obtaining information;
(c) Working closely and cooperatively with business license centers to provide efficient and nonduplicative service; and
(d) Developing a service center and a website.
(2) The office shall coordinate among state agencies to develop an office website that is linked through the office of the governor's website and that contains information regarding permitting and regulatory requirements for businesses and citizens in Washington state. At a minimum, the website shall provide information or links to information on:
(a) Federal, state, and local rule-making processes and permitting and regulatory requirements applicable to Washington businesses and citizens;
(b) Federal, state, and local licenses, permits, and approvals necessary to start and operate a business or develop real property in Washington;
(c) State and local building codes;
(d) Federal, state, and local economic development programs that may be available to businesses in Washington; and
(e) State and local agencies regulating or providing assistance to citizens and businesses operating a business or developing real property in Washington.
(3) This section does not create an independent cause of action, affect any existing cause of action, or create any new cause of action regarding the application of regulatory or permit requirements.
[ 2007 c 94 s 5; 2003 c 71 s 4; 2002 c 153 s 5.]

catchline: Maintaining and furnishing information—Contact point—Service center—Website.


title: RCW 43.42.050

text:
(1) Upon request of a project proponent, the office must determine the level of project scoping needed by the project proponent, taking into consideration the complexity of the project and the experience of those expected to be involved in the project application and review process. The director may require the attendance at a scoping meeting of any state or local agency.
(2) Project scoping must consider the complexity, size, and needs for assistance of the project and must address as appropriate:
(a) The permits that are required for the project;
(b) The permit application forms and other application requirements of the participating permit agencies;
(c) The specific information needs and issues of concern of each participant and their significance;
(d) Any statutory or regulatory conflicts that might arise from the differing authorities and roles of the permit agencies;
(e) Any natural resources, including federal or state listed species, that might be adversely affected by the project and might cause an alteration of the project or require mitigation; and
(f) The anticipated time required for permit decisions by each participating permit agency, including the estimated time required to determine if the permit application is complete, to conduct environmental review, and to review and process the application. 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 project scoping must be documented in writing, furnished to the project proponent, and be made available to the public.
(4) The project scoping must be completed prior to the passage of sixty days of the project proponent's request for a project scoping unless the director finds that better results can be obtained by delaying the project scoping meeting or meetings to ensure full participation.
(5) Upon completion of the project scoping, the participating permit agencies must proceed under their respective authorities. The agencies may remain in communication with the office as needed.
(6) This section does not create an independent cause of action, affect any existing cause of action, or establish time limits for purposes of RCW 64.40.020.
[ 2012 c 196 s 2; 2009 c 97 s 5; 2007 c 94 s 6; 2003 c 54 s 4; 2002 c 153 s 6.]

catchline: Project scoping—Factors.


title: RCW 43.42.060

text:
(1) A project proponent may submit a written request to the director of the office for participation in a fully coordinated permit process. Designation as a fully coordinated project requires that:
(a) The project proponent enters into a cost-reimbursement agreement pursuant to RCW 43.42.070;
(b) The project has a designation under chapter 43.157 RCW; or
(c) The director determine that (i)(A) the project raises complex coordination, permit processing, or substantive permit review issues; or (B) if completed, the project would provide substantial benefits to the state; and (ii) the office, as well as the participating permit review agencies, have sufficient capacity within existing resources to undertake the full coordination process without reimbursement and without seriously affecting other services.
(2) A project proponent who requests designation as a fully coordinated permit process project must provide the office with a full description of the project. The office may request any information from the project proponent that is necessary to make the designation under this section, and may convene a scoping meeting or a work plan meeting of the likely participating permit agencies.
(3) When a project is designated for the fully coordinated permit process, the office must serve as the main point of contact for the project proponent and participating agencies with regard to the permit process for the project as a whole. Each participating agency must designate a single point of contact for coordinating with the office. The office must keep an up-to-date project management log and schedule illustrating 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 office must:
(a) Ensure that the project proponent has been informed of all the information needed to apply for the permits that are included in the coordinated permit process;
(b) Coordinate the timing of review for those permits by the respective participating permit agencies;
(c) Facilitate communication between project proponents, consultants, and agency staff to promote timely permit decisions;
(d) Assist in resolving any conflict or inconsistency among the permit requirements and conditions that are expected to be imposed by the participating permit agencies; and
(e) Make contact, at least once, with any local, tribal, or federal jurisdiction that is responsible for issuing a permit for the project and invite them to participate in the coordinated permit process or to receive periodic updates in the project.
(4) Within thirty days, or longer with agreement of the project proponent, of the date that the office designates a project for the fully coordinated permit process, it shall convene a work plan meeting with the project proponent and the participating permit agencies to develop a coordinated permit process schedule. The meeting agenda may include any of the following:
(a) Review of the permits that are required for the project;
(b) A review of the permit application forms and other application requirements of the agencies that are participating in the coordinated permit 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.
(i) The estimation must also include the estimated number of revision cycles for the project, or the typical number of revision cycles for projects of similar size and complexity.
(ii) 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.
(iii) Estimated action or response times for activities of the office that are required before or trigger further action by a participant must also be included;
(d) Available information regarding the timing of any public hearings that are required to issue permits for the project and a determination of the feasibility of coordinating or consolidating any of those required public hearings; and
(e) A discussion of fee arrangements for the coordinated permit process, including an estimate of the costs allowed by statute, any reimbursable agency costs, and billing schedules, if applicable.
(5) Each agency must send at least one representative qualified to discuss the applicability and timelines associated with all permits administered by that agency or jurisdiction. At the request of the project proponent, the office must notify any relevant local or federal agency or federally recognized Indian tribe of the date of the meeting and invite that agency's participation in the process.
(6) Any accelerated time period for the consideration of a permit application 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) If 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 agreement, it must notify the office of the reasons for the problem and offer potential solutions or an amended timeline for resolving the problem. The office must notify the participating permit agencies and the project proponent and, upon agreement of all parties, adjust the schedule, or, if necessary, schedule another work plan meeting.
(8) The project proponent may withdraw from the coordinated permit process by submitting to the office a written request that the process be terminated. Upon receipt of the request, the office must notify each participating permit agency that a coordinated permit process is no longer applicable to the project.
[ 2012 c 196 s 3. Prior: 2009 c 421 s 8; 2009 c 97 s 6; 2007 c 94 s 7; 2003 c 54 s 5; 2002 c 153 s 7.]
Notes:
Effective date—2009 c 421: See note following RCW 43.157.005.

catchline: Fully coordinated permit process—Requirements—Procedure.


title: RCW 43.42.070

text:
(1) The office may enter into cost-reimbursement agreements with a project proponent to recover from the project proponent the reasonable costs incurred by the office in carrying out the provisions of this chapter. The agreement must include provisions for covering the costs incurred by the permit agencies that are participating in the cost-reimbursement project and carrying out permit processing or project review tasks referenced in the cost-reimbursement agreement.
(2) The office must maintain policies or guidelines for coordinating cost-reimbursement agreements with participating agencies, project proponents, and independent consultants. Policies or guidelines must ensure that, in developing cost-reimbursement agreements, conflicts of interest are eliminated. The policies must also support effective use of cost-reimbursement resources to address staffing and capacity limitations as may be relevant within the office or participating permit agencies.
(3) For fully coordinated permit processes and priority economic recovery projects selected pursuant to this section, the office must coordinate the negotiation of all cost-reimbursement agreements executed under RCW 43.21A.690, 43.30.490, 43.70.630, 43.300.080, and 70A.15.1570. The office, project proponent, and participating permit agencies must be signatories to the cost-reimbursement agreement or agreements. Each participating permit agency must manage performance of its portion of the cost-reimbursement agreement. Independent consultants hired under a cost-reimbursement agreement must report directly to the hiring office or participating permit agency. Any cost-reimbursement agreement must require that final decisions are made by the participating permit agency and not by a hired independent consultant.
(4) For any project using cost reimbursement, the cost-reimbursement agreement must require the office and participating permit agencies to develop and periodically update a project work plan, which the office must provide on the internet and share with each party to the agreement.
(5)(a) The cost-reimbursement agreement must identify the proposed project, the desired outcomes, and the maximum costs for work to be conducted under the agreement. The desired outcomes must refer to the decision-making process and may not prejudge or predetermine whether decisions will be to approve or deny any required permit or other application. Each participating permit agency must agree to give priority to the cost-reimbursement project but may in no way reduce or eliminate regulatory requirements as part of the priority review.
(b) Reasonable costs are determined based on time and materials estimates with a provision for contingencies, or set as a flat fee tied to a reasonable estimate of staff hours required.
(c) The cost-reimbursement agreement may include deliverables and schedules for invoicing and reimbursement. The office may require advance payment of some or all of the agreed reimbursement, to be held in reserve and distributed to participating permit agencies and the office upon approval of invoices by the project proponent. The project proponent has thirty days to request additional information or challenge an invoice. If an invoice is challenged, the office must respond and attempt to resolve the challenge within thirty days. If the office is unable to resolve the challenge within thirty days, the challenge must be submitted to the office of financial management. A decision on such a challenge must be made by the office of financial management and approved by the director of the office of financial management and is binding on the parties.
(d) Upon request, the office must verify whether participating permit agencies have met the obligations contained in the project work plan and cost-reimbursement agreement.
(6) If a party to the cost-reimbursement agreement foresees, at any time, that it will be unable to meet its obligations under the agreement, it must notify the office and state the reasons, along with proposals for resolving the problems. The office must notify the other parties to the cost-reimbursement agreement and seek to resolve the problems by adjusting invoices, deliverables, or the project work plan, or through some other accommodation.
[ 2021 c 65 s 43; 2012 c 196 s 4; 2010 c 162 s 4; 2009 c 97 s 7; 2007 c 94 s 8; 2003 c 70 s 7; 2002 c 153 s 8.]
Notes:
Explanatory statement—2021 c 65: See note following RCW 53.54.030.
Effective date—2010 c 162: See note following RCW 43.42.090.

catchline: Cost-reimbursement agreements.


title: RCW 43.42.080

text:
With the agreement of all participating permitting agencies and the permit applicant or project proponent, state permitting agencies may establish timelines to make permit decisions, including the time periods required to determine that the permit applications are complete, to review the applications, and to process the permits. Established timelines shall not be shorter than those otherwise required for each permit under other applicable provisions of law, but may extend and coordinate such timelines. The goal of the established timelines is to achieve the maximum efficiencies possible through concurrent studies and consolidation of applications, permit review, hearings, and comment periods. A timeline established under this subsection with the agreement of each permitting agency shall commit each permitting agency to act within the established timeline.
[ 2007 c 94 s 9; 2004 c 32 s 1.]


title: RCW 43.42.090

text:
(1) The legislature finds that the state of Washington has implemented a number of successful measures to streamline, coordinate, and consolidate the multiparty, multijurisdictional permitting and regulatory decision-making process. The office of regulatory assistance was developed and implemented at a time when the state faced a crisis in its economic competitiveness. The multiagency permitting team for transportation was developed and implemented at a time when the state's transportation system faced a crisis in public confidence concerning transportation project delivery. The legislature further finds that the state of Washington is now facing an economic and financial crisis that requires immediate action to spur economic development and the creation of jobs without sacrificing the quality of the state's environment.
(2) The legislature intends to:
(a) Draw from and extend the benefits of proven permit streamlining solutions to future project proponents and aid the state's recovery by authorizing optional multiagency permitting teams modeled after the multiagency permitting team developed and implemented for state transportation projects. It is the purpose of chapter 162, Laws of 2010 to provide willing permit applicants and project proponents with permit coordination and integrated regulatory decision-making services on a cost-reimbursed basis; and
(b) Phase-in a revenue-neutral permit streamlining approach to expedite permit and regulatory decision making while ensuring a high level of environmental protection.
[ 2010 c 162 s 2.]
Notes:
Effective date—2010 c 162: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately [March 22, 2010]." [ 2010 c 162 s 8.]


title: RCW 43.42.092

text:
(1)(a) The office of regulatory assistance is authorized to develop and advertise the availability of optional multiagency permitting teams to provide coordinated permitting and integrated regulatory decision making starting in the Puget Sound basin.
(b) New expenses associated with operating the optional multiagency permitting teams must be recovered by the office of regulatory assistance using existing state cost-reimbursement and interagency cost-sharing authorities as applicable. The cost-reimbursement process is subject to the requirements and limitations set forth in RCW 43.42.070. Initial administrative costs and other costs that may not be recoverable through cost-reimbursement or cost-sharing mechanisms may be covered by funds from the multiagency permitting team account created in RCW 43.42.095.
(c) The director of the office of regulatory assistance must solicit donations and such other funds as the director deems appropriate from public and private sources for the purposes of covering the initial administrative costs and other costs associated with operation of optional multiagency permitting teams which are not recoverable through cost-reimbursement or cost-sharing mechanisms. All such solicited funds must be placed in the multiagency permitting team account created in RCW 43.42.095.
(2) Optional multiagency permitting teams must be:
(a) Mobile, capable of traveling or working together as teams, initially throughout the Puget Sound basin;
(b) Located initially in central Puget Sound;
(c) Staffed by appropriate senior-level permitting and regulatory decision-making personnel representing the Washington state departments of ecology, fish and wildlife, and natural resources and having expertise in regulatory issues relating to the project; and
(d) Managed by the office of regulatory assistance through a team leader responsible for:
(i) Managing or monitoring team activities to ensure the cost-reimbursement schedule and agreement is followed;
(ii) Developing and maintaining partnerships and working relationships with local, state, tribal, and federal organizations not core to the optional multiagency permitting teams that can be called upon to join the team on a project-by-project basis;
(iii) Developing, defining, and providing a set of coordinated permitting and integrated decision-making services consistent with those set forth in subsection (3) of this section;
(iv) Developing and executing funding agreements with applicants, project proponents, regulatory agencies, and others as necessary to ensure the financial viability of the optional multiagency permitting teams;
(v) Measuring and regularly reporting on team performance, results and outcomes achieved, including improved: Permitting predictability, interagency early project coordination, interagency accessibility, interagency relationships, project delivery, and environmental results, including the avoidance or prevention of environmental harm and the effectiveness of mitigation;
(vi) Conducting outreach, marketing, and advertising of team services and team availability, focusing initially on projects such as large-scale public, private, and port development projects with complex aquatics, wetland, or other environmental impacts; environmental cleanup, restoration, and enhancement projects; aquaculture projects; and energy, power generation, and utility projects;
(vii) Implementing issue and dispute resolution protocols;
(viii) Incorporating and using virtual tools for online collaboration to support permitting and regulatory coordination and expedited decision making; and
(ix) Extending and subsequently implementing the optional multiagency permitting team approach to other significant geographic regions of the state.
(3) The optional multiagency permitting teams must at a minimum work with the office of regulatory assistance to provide the following core services:
(a) Project scoping, as set forth in RCW 43.42.050 (1) through (4), to help applicants identify applicable permits and regulatory approvals;
(b) A preapplication coordination service, which may be combined with project scoping, to help applicants understand applicable requirements and plan out with the assistance of the regulatory agencies an optimally sequenced permitting and regulatory decision-making strategy and approach for the overall project;
(c) Fully coordinated project review as set forth in RCW 43.42.060 to set schedules and agreed-upon time frames for the applicant and regulatory decision makers consistent with statutory requirements and with regard to available agency resources and to track, monitor, and report progress made in meeting those schedules and time frames;
(d) Mitigation coordination to help applicants and regulatory agencies collaborate on and implement mitigation obligations within a watershed context so superior environmental results can be achieved when impacts cannot be avoided or further minimized.
(4) Local and federal permitting and regulatory personnel should be incorporated into the optional multiagency permitting teams whenever possible and at least on a project-by-project basis. Moneys recouped through state cost-reimbursement and interagency cost-sharing authorities, or as otherwise solicited for deposit into the multiagency permitting team account created in RCW 43.42.095, may also be used to cover local and federal participation.
(5) The optional multiagency permitting teams will provide services for complex projects requiring multiple permits and regulatory approvals and having multiple points of regulatory jurisdiction. The optional multiagency permitting teams are not intended to support state transportation projects capable of being serviced by multiagency permitting teams specifically established for state transportation projects. Use of the optional multiagency permitting teams for a fully coordinated permit process must be allowed unless the office of regulatory assistance notifies a project proponent in writing of other means of effective and efficient project review that are available and are recommended.
[ 2010 c 162 s 3.]
Notes:
Effective date—2010 c 162: See note following RCW 43.42.090.

catchline: Multiagency permitting teams.


title: RCW 43.42.095

text:
The multiagency permitting team account is created in the custody of the state treasurer. All receipts from cost-reimbursement agreements authorized in RCW 43.42.070 and solicitations authorized in RCW 43.42.092 must be deposited into the account. Expenditures from the account may be used only for covering staffing, consultant, technology, and other administrative costs of multiagency permitting teams and other costs associated with multiagency project review and management that may arise. Only the director of the office of regulatory assistance or the director's designee may authorize expenditures from the account. The account is subject to allotment procedures under chapter 43.88 RCW, but an appropriation is not required for expenditures.
[ 2012 c 196 s 5; 2010 c 162 s 5.]
Notes:
Effective date—2010 c 162: See note following RCW 43.42.090.

catchline: Multiagency permitting team account.


title: RCW 43.42.100

text:
Within available funds, the office of regulatory assistance may certify permit processes at the local level as streamlined processes. In developing the certification program, the director must work with local jurisdictions to establish the criteria and the process for certification. Jurisdictions with permit processes certified as streamlined may receive priority in receipt of state funds for infrastructure projects.
[ 2012 c 196 s 8.]

catchline: Streamlined process certification.


title: RCW 43.42.900

text:
Nothing in this chapter affects the jurisdiction of the energy facility site evaluation council under chapter 80.50 RCW.
[ 2002 c 153 s 11.]

catchline: Jurisdiction of energy facility site evaluation council not affected.


title: RCW 43.42.901

text:
(1) Nothing in this chapter shall be construed to abrogate or diminish the functions, powers, or duties granted to any permit agency by law.
(2) Nothing in this chapter grants the office authority to decide if a permit shall be issued. The authority for determining if a permit shall be issued shall remain with the permit agency.
[ 2002 c 153 s 12.]

catchline: Authority of permit agencies not affected.


title: RCW 43.42.902

text:
This chapter shall not be construed to limit or abridge the powers and duties granted to a participating permit agency under the law that authorizes or requires the agency to issue a permit for a project. Each participating permit agency shall retain its authority to make all decisions on all nonprocedural 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. The office may not substitute its judgment for that of a participating permit agency on any such nonprocedural matters.
[ 2009 c 97 s 13.]

catchline: Authority of participating permit agency retained.


title: RCW 43.42A.005

text:
On December 30, 2013, the Washington state auditor's office issued a performance audit report, finding that state agencies could shorten the time it takes to submit, review, and make decisions on business permit applications through simple improvements. In response to the performance audit findings, the legislature intends to improve the predictability and efficiency of permit decisions by making information about permitting assistance and timelines more readily available to the public. The legislature finds that providing citizens and businesses with better information about permit decisions will assist their planning and decision making, promoting economic development. Making permit performance data readily accessible to citizens helps them hold government accountable to a high level of customer service and timeliness. Finally, requiring agencies to track the time it takes to issue permits equips agency leaders with key information that can assist them in improving overall project schedules, better allocating resources, and identifying additional opportunities to better serve the public.
[ 2014 c 68 s 1.]

catchline: Intent—Finding.


title: RCW 43.42A.010

text:
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
(1) "Agency" means the following executive branch agencies and offices of statewide elected officials:
(a) Department of agriculture;
(b) Department of archaeology and historic preservation;
(c) Department of ecology;
(d) Department of fish and wildlife;
(e) Gambling commission;
(f) Department of health;
(g) Department of labor and industries;
(h) Department of licensing;
(i) *Liquor control board;
(j) Department of natural resources;
(k) Parks and recreation commission;
(l) Department of revenue;
(m) Department of transportation; and
(n) Utilities and transportation commission.
(2) "Office" means the office of regulatory assistance.
[ 2014 c 68 s 2.]
Notes:
*Reviser's note: The "state liquor control board" was renamed the "state liquor and cannabis board" by 2015 c 70 s 3.


title: RCW 43.42A.020

text:
(1) By June 30, 2014, each agency shall prepare and submit to the office an inventory of all the business permits indicated in the December 30, 2013, performance audit report by the state auditor.
(2)(a) Each agency shall track and record the time it takes to make permitting decisions.
(b) Agencies are encouraged to track all relevant information that can assist Washington businesses in determining how long a permit process will take so that the businesses may successfully plan their activities and make sound investment choices, reduce permitting costs to the taxpayers in the form of unnecessary or duplicate staff work, and avoid permitting decision delays that can result in higher costs and lost revenue.
(c) At a minimum, each agency shall track and record the following information for each permit application it receives or decision it issues:
(i) The application completion time, which is the time elapsed from the initial submission of an application by an entity seeking a permit to the time at which the agency has determined that the application is complete; and
(ii) The permit decision time, which is the time elapsed from receipt of a complete application to the agency's issuance of a decision approving or denying the permit.
(3) Each agency shall calculate, for each permit it has identified in its inventory, the following performance data:
(a) The average application completion and permit decision times for each permit, as measured by the times tracked for ninety percent of applications or permit decisions, excluding the five percent that took the shortest and the five percent that took the longest;
(b) The maximum application completion time, excluding applications that were withdrawn or never completed; and
(c) The maximum permit decision time.
(4) Each agency shall report to the office, as provided in this subsection (4).
(a) By March 1, 2016, each agency shall report the times calculated under subsection (3) of this section for the period from January 1, 2015, to January 1, 2016.
(b) By March 1, 2018, and March 1, 2020, each agency shall report based on the times tracked and calculated since the previous reporting period.
(c) In each of the reports required under this section, each agency shall submit an updated inventory of permits. Each agency shall identify any permits listed in its inventory for which the agency has not yet posted permit processing times and other information as required under RCW 43.42A.030 and an estimated date for such posting prior to June 30, 2015.
(5) The office shall make available to the legislature, upon request, the individual agency reports submitted under subsection (4) of this section.
[ 2014 c 68 s 3.]

catchline: Inventory of business permits—Information to be tracked and recorded—Performance data—Reports.


title: RCW 43.42A.030

text:
(1) To provide meaningful customer service that informs project planning and decision making by the citizens and businesses served, each agency must make available to permit applicants the following information through a link from the agency's website to the office's website, as provided in subsection (4) of this section:
(a) A list of the types of permit assistance available and how such assistance may be accessed;
(b) An estimate of the time required by the agency to process a permit application and issue a decision;
(c) Other tools to help applicants successfully complete a thorough application, such as:
(i) Examples of model completed applications;
(ii) Examples of approved applications, appropriately redacted to remove sensitive information; and
(iii) Checklists for ensuring a complete application.
(2) Each agency shall update at reasonable intervals the information it posts pursuant to this section.
(3)(a) Agencies must post the information required under subsection (1) of this section for all permits as soon as practicable, and no later than the deadlines established in this section.
(b) The agency shall post the permit inventory for that agency and the information required under subsection (1)(a) and (c) of this section no later than June 30, 2014.
(c) The agency shall post the estimates of application completion and permit decision times required under subsection (1)(b) of this section based on actual data for calendar year 2015 by March 1, 2016, and update this information for the previous calendar year, by March 1st of each year thereafter.
(d) Agencies must consider the customer experience in ensuring all permit assistance information is simple to use, easy to access, and designed in a customer-friendly manner.
(4) To ensure agencies can post the required information online with minimal expenditure of agency resources, Washington technology solutions shall, in consultation with the office of regulatory assistance, establish a central repository of this information, hosted on the office of regulatory assistance's website. Each agency shall include at least one link to the central repository from the agency's website. Agencies shall place the link or links in such locations as the agency deems will be most customer-friendly and maximize accessibility of the information to users of the website.
(5) The office shall ensure the searchability of the information posted on the central repository, applying industry best practices such as search engine optimization, to ensure that the permit performance and assistance information is readily findable and accessible by members of the public.
[ 2024 c 54 s 51; 2014 c 68 s 4.]

catchline: Information available to permit applicants—Links from agencies' websites to office of regulatory assistance's website—Central repository of information—Searchability of information on central repository.


title: RCW 43.42A.040

text:
(1) By September 30th of 2016 and each even-numbered year thereafter up to and including 2020, the office shall publish a comprehensive progress report to the economic development committees of the house of representatives and the senate and to the governor on the performance of agencies in tracking permit timelines and other efforts to improve clarity and predictability of regulatory permitting. The report must include at a minimum for each agency a summary of the data reported by the agency to the office under RCW 43.42A.020(4).
(2) The office shall post the comprehensive progress report on its website. The report must be easily accessible and designed in a customer-friendly format.
(3) Beginning with the 2016 report, the office must identify permits with processing and decision times that are most improved and processing and decision times that are most in need of improvement, as indicated by the performance data collected under RCW 43.42A.020. Each agency may include a statement describing any process improvements the agency has identified for implementation in order to improve processing and decision times.
[ 2014 c 68 s 5.]

catchline: Comprehensive progress report—Identification of permits with processing and decision times that are most improved and those most in need of improvement.


title: RCW 43.43.005

text:
To ensure that it is adequately and thoroughly reaching potential recruits, the Washington state patrol must develop a comprehensive outreach and marketing strategic plan that expands on the success of current strategies and looks for ways to tap into groups or individuals that do not currently show an interest in the state patrol or law enforcement as a career. The plan must include, but is not limited to, expanding marketing and outreach efforts online and through other media outlets and expanding recruitment relationships in respective communities. The plan must also include polling applicants about their application. Results from the polling must be tracked to determine the success of each outreach method.
[ 2016 c 28 s 7.]
Notes:
Intent—2016 c 28: See note following RCW 43.43.380.

catchline: Comprehensive outreach and marketing strategic plan.


title: RCW 43.43.010

text:
There shall be a department of state government known as the "Washington state patrol." The chief thereof shall be known as the chief of the Washington state patrol, and members thereof shall be known as Washington state patrol officers.
[ 1965 c 8 s 43.43.010. Prior: 1933 c 25 s 1; RRS s 6362-59.]

catchline: Patrol created.


title: RCW 43.43.012

text:
(1) To promote positive relationships between law enforcement and the citizens of the state of Washington, the Washington state patrol may participate in the chief for a day program. The chief of the Washington state patrol may designate staff who may participate in organizing the event. The Washington state patrol may accept grants of funds and gifts to be utilized in furtherance of this purpose, and may use their public facilities for such purpose. At all times, the participation of the Washington state patrol must comply with chapter 42.52 RCW.
(2) For the purposes of this section, "chief for a day program" means a program in which the Washington state patrol partners with other local, state, and federal law enforcement agencies, hospitals, and the community to provide a day of special attention to chronically ill children. Each child is selected and sponsored by a law enforcement agency. The event, chief for a day, may occur on the grounds and in the facilities of the Washington state patrol. The program may include any appropriate honoring of the child as a chief, such as a certificate swearing them in as a chief, a badge, a uniform, and donated gifts. The gifts may include, but are not limited to, games, puzzles, and art supplies.
[ 2010 c 10 s 2.]
Notes:
Finding—2010 c 10: "The legislature finds that the Washington state patrol's participation in charitable work, such as the chief for a day program that provides special attention to chronically ill children through recognition by various law enforcement agencies within the state, advances the overall purposes of the department by promoting positive relationships between law enforcement and the citizens of the state of Washington." [ 2010 c 10 s 1.]

catchline: Chief for a day program.


title: RCW 43.43.013

text:
The Washington state patrol may accept any and all donations, bequests, gifts, conveyances, devices [devises], and grants conditional or otherwise; or money, property, service, or other things of value which may be received from the United States or any agency thereof, any governmental agency, institution, person, firm, or corporation, public and private, to be held, used, or applied for the purpose of fulfilling its mission.
[ 2009 c 108 s 1.]

catchline: Donations, gifts, conveyances, devises, and grants.


title: RCW 43.43.015

text:
For the purposes of this chapter, "affirmative action" means a procedure by which racial minorities, women, persons in the protected age category, persons with disabilities, Vietnam-era veterans, and disabled veterans are provided with increased employment opportunities. It shall not mean any sort of quota system.
[ 1985 c 365 s 4; (2019 c 160 s 4, Referendum Measure No. 88 failed to become law).]

catchline: Affirmative action.


title: RCW 43.43.020

text:
The governor, with the advice and consent of the senate, shall appoint the chief of the Washington state patrol, determine his compensation, and may remove him at will.
The chief shall appoint a sufficient number of competent persons to act as Washington state patrol officers, may remove them for cause, as provided in this chapter, and shall make promotional appointments, determine their compensation, and define their rank and duties, as hereinafter provided. Before a person may be appointed to act as a Washington state patrol officer, the person shall meet the minimum standards for employment with the Washington state patrol, including successful completion of a psychological examination and polygraph examination or similar assessment procedure administered by the chief or his or her designee in accordance with the requirements of RCW 43.101.095(2).
The chief may appoint employees of the Washington state patrol to serve as special deputies, with such restricted police authority as the chief shall designate as being necessary and consistent with their assignment to duty. Such appointment and conferral of authority shall not qualify said employees for membership in the Washington state patrol retirement system, nor shall it grant tenure of office as a regular officer of the Washington state patrol.
The chief may personally appoint, with the consent of the state treasurer, employees of the office of the state treasurer who are qualified under the standards of the criminal justice training commission, or who have comparable training and experience, to serve as special deputies. The law enforcement powers of any special deputies appointed in the office of the state treasurer shall be designated by the chief and shall be restricted to those powers necessary to provide for statewide security of the holdings or property of or under the custody of the office of the state treasurer. These appointments may be revoked by the chief at any time and shall be revoked upon the written request of the state treasurer or by operation of law upon termination of the special deputy's employment with the office of the state treasurer or thirty days after the chief who made the appointment leaves office. The chief shall be civilly immune for the acts of such special deputies. Such appointment and conferral of authority shall not qualify such employees for membership in the Washington state patrol retirement system, nor shall it grant tenure of office as a regular officer of the Washington state patrol.
[ 2005 c 434 s 4; 1983 c 144 s 1; 1981 c 338 s 4; 1973 1st ex.s. c 80 s 1; 1965 c 8 s 43.43.020. Prior: 1949 c 192 s 1; 1933 c 25 s 3; Rem. Supp. 1949 s 6362-61.]
Notes:
Civil service exemptions: RCW 41.06.070.

catchline: Appointment of personnel.


title: RCW 43.43.030

text:
The chief and other officers of the Washington state patrol shall have and exercise, throughout the state, such police powers and duties as are vested in sheriffs and peace officers generally, and such other powers and duties as are prescribed by law.
[ 1965 c 8 s 43.43.030. Prior: 1933 c 25 s 2; RRS s 6362-60.]
Notes:
General authority law enforcement agency: RCW 10.93.020.

catchline: Powers and duties—Peace officers.


title: RCW 43.43.035

text:
The chief of the Washington state patrol is directed to provide security and protection for the governor, the governor's family, and the lieutenant governor to the extent and in the manner the governor and the chief of the Washington state patrol deem adequate and appropriate.
In the same manner the chief of the Washington state patrol is directed to provide security and protection for the governor-elect from the time of the November election.
[ 1991 c 63 s 1; 1965 ex.s. c 96 s 1.]

catchline: Governor, lieutenant governor, and governor-elect—Security and protection—Duty to provide.


title: RCW 43.43.037

text:
The chief of the Washington state patrol is directed to provide such security and protection for both houses of the legislative building while in session as in the opinion of the speaker of the house and the president of the senate may be necessary therefor upon the advice of the respective sergeant-at-arms of each legislative body.
[ 1965 ex.s. c 96 s 2.]

catchline: Legislature—Security and protection—Duty to provide.


title: RCW 43.43.040

text:
(1) The chief of the Washington state patrol shall relieve from active duty Washington state patrol officers who, while in the performance of their official duties, or while on standby or available for duty, have been or hereafter may be injured or incapacitated to such an extent as to be mentally or physically incapable of active service: PROVIDED, That:
(a) Any officer disabled while performing line duty who is found by the chief to be physically incapacitated shall be placed on disability leave for a period not to exceed six months from the date of injury or the date incapacitated. During this period, the officer shall be entitled to all pay, benefits, insurance, leave, and retirement contributions awarded to an officer on active status, less any compensation received through the department of labor and industries. No such disability leave shall be approved until an officer has been unavailable for duty for more than forty consecutive work hours. Prior to the end of the six-month period, the chief shall either place the officer on disability status or return the officer to active status.
For the purposes of this section, "line duty" is active service which encompasses the traffic law enforcement duties and/or other law enforcement responsibilities of the state patrol. These activities encompass all enforcement practices of the laws, accident and criminal investigations, or actions requiring physical exertion or exposure to hazardous elements.
The chief shall define by rule the situations where a disability has occurred during line duty;
(b) Benefits under this section for a disability that is incurred while in other employment will be reduced by any amount the officer receives or is entitled to receive from workers' compensation, social security, group insurance, other pension plan, or any other similar source provided by another employer on account of the same disability;
(c) An officer injured while engaged in willfully tortious or criminal conduct shall not be entitled to disability benefits under this section; and
(d) Should a disability beneficiary whose disability was not incurred in line of duty, prior to attaining age fifty, engage in a gainful occupation, the chief shall reduce the amount of his or her retirement allowance to an amount which when added to the compensation earned by him or her in such occupation shall not exceed the basic salary currently being paid for the rank the retired officer held at the time he or she was disabled. All such disability beneficiaries under age fifty shall file with the chief every six months a signed and sworn statement of earnings and any person who shall knowingly swear falsely on such statement shall be subject to prosecution for perjury. Should the earning capacity of such beneficiary be further altered, the chief may further alter his or her disability retirement allowance as indicated above. The failure of any officer to file the required statement of earnings shall be cause for cancellation of retirement benefits.
(2)(a) Officers on disability status shall receive one-half of their compensation at the existing wage, during the time the disability continues in effect, less any compensation received through the department of labor and industries. They shall be subject to mental or physical examination at any state institution or otherwise under the direction of the chief of the patrol at any time during such relief from duty to ascertain whether or not they are able to resume active duty.
(b) In addition to the compensation provided in (a) of this subsection, the compensation of an officer who is totally disabled during line duty shall include reimbursement for any payments of premiums made after June 10, 2010, for employer-provided medical insurance. An officer is considered totally disabled if he or she is unable to perform any substantial gainful activity due to a physical or mental condition that may be expected to result in death or that has lasted or is expected to last at least twelve months. Substantial gainful activity is defined as average earnings in excess of eight hundred sixty dollars a month in 2006 adjusted annually as determined by the department of retirement systems based on federal social security disability standards. An officer in receipt of reimbursement for any payments of premium rates for employer-provided medical insurance under this subsection is required to file with the chief any financial records that are necessary to determine continued eligibility for such reimbursement. The failure of any officer to file the required financial records is cause for cancellation of the reimbursement. The legislature reserves the right to amend or repeal the benefits provided in this subsection (2)(b) in the future and no member or beneficiary has a contractual right to receive any distribution not granted prior to that time.
[ 2010 c 259 s 3; 2009 c 549 s 5122; 1998 c 194 s 1; 1987 c 185 s 17; 1981 c 165 s 1; 1973 2nd ex.s. c 20 s 1; 1965 c 8 s 43.43.040. Prior: 1947 c 174 s 1; 1943 c 215 s 1; RRS s 6362-65.]
Notes:
Short title—2010 c 259: See note following RCW 41.26.470.
Intent—Severability—1987 c 185: See notes following RCW 51.12.130.
Severability—1981 c 165: "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." [ 1981 c 165 s 2.]
Effective date—1981 c 165: "This act is necessary for the immediate preservation of the public peace, health, and safety, the support of the state government and its existing public institutions, and shall take effect January 1, 1981." [ 1981 c 165 s 3.]

catchline: Disability of patrol officers.


title: RCW 43.43.050

text:
Washington state patrol officers shall be entitled to retain their ranks and positions until death or resignation, or until suspended, demoted, or discharged in the manner hereinafter provided.
[ 1965 c 8 s 43.43.050. Prior: 1943 c 205 s 1; Rem. Supp. 1943 s 6362-66.]

catchline: Tenure of patrol officers.


title: RCW 43.43.060

text:
The chief of the Washington state patrol may suspend or demote any officer with probationary status, without preferring charges against the officer, and without a hearing.
[ 1984 c 141 s 1; 1965 c 8 s 43.43.060. Prior: 1943 c 205 s 2; Rem. Supp. 1943 s 6362-67.]

catchline: Suspension or demotion of probationary officers.


title: RCW 43.43.070

text:
Discharge of any officer with probationary status and discharge, demotion, or suspension of any officer with nonprobationary status shall be only for cause, which shall be clearly stated in a written complaint, sworn to by the person preferring the charges, and served upon the officer complained of.
Upon being so served, any such officer shall be entitled to a public hearing before a trial board consisting of two Washington state patrol officers of the rank of captain, and one officer of equal rank with the officer complained of, who shall be selected by the chief of the Washington state patrol by lot from the roster of the patrol. In the case of complaint by an officer, such officer shall not be a member of the trial board.
[ 1984 c 141 s 2; 1965 c 8 s 43.43.070. Prior: 1943 c 205 s 3; Rem. Supp. 1943 s 6362-68.]

catchline: Discharge of probationary officers—Discharge, demotion, or suspension of nonprobationary officers—Complaint—Hearing.


title: RCW 43.43.080

text:
When the complaint served upon an officer is of a criminal nature calling for the discharge of the officer, the chief of the patrol may immediately suspend the officer without pay pending a trial board hearing. The board shall be convened no later than forty-five days from the date of suspension. However, this does not preclude the granting of a mutually agreed upon extension; in such cases the officer shall remain on suspension without pay.
An officer complained of may waive a hearing and accept the proposed discipline by written notice to the chief of the patrol.
[ 1989 c 28 s 1; 1965 c 8 s 43.43.080. Prior: 1943 c 205 s 4; Rem. Supp. 1943 s 6362-69.]

catchline: Criminal complaint—Authority to suspend officer—Hearing.


title: RCW 43.43.090

text:
At the hearing, an administrative law judge appointed under chapter 34.12 RCW shall be the presiding officer, and shall make all necessary rulings in the course of the hearing, but shall not be entitled to vote.
The complainant and the officer complained of may submit evidence, and be represented by counsel, and a full and complete record of the proceedings, and all testimony, shall be taken down by a stenographer.
After hearing, the findings of the trial board shall be submitted to the chief. Such findings shall be final if the charges are not sustained. In the event the charges are sustained the chief may determine the proper disciplinary action and declare it by written order served upon the officer complained of.
[ 1989 c 28 s 2; 1984 c 141 s 3; 1965 c 8 s 43.43.090. Prior: 1943 c 205 s 5; Rem. Supp. 1943 s 6362-70.]

catchline: Procedure at hearing.