title: RCW 43.19.670

text:
As used in RCW 43.19.670 through 43.19.685, the following terms have the meanings indicated unless the context clearly requires otherwise.
(1) "Energy audit" means a determination of the energy consumption characteristics of a facility which consists of the following elements:
(a) An energy consumption survey which identifies the type, amount, and rate of energy consumption of the facility and its major energy systems. This survey shall be made by the agency responsible for the facility.
(b) A walk-through survey which determines appropriate energy conservation maintenance and operating procedures and indicates the need, if any, for the acquisition and installation of energy conservation measures and energy management systems. This survey shall be made by the agency responsible for the facility if it has technically qualified personnel available. The director of enterprise services shall provide technically qualified personnel to the responsible agency if necessary.
(c) An investment grade audit, which is an intensive engineering analysis of energy conservation and management measures for the facility, net energy savings, and a cost-effectiveness determination.
(2) "Cost-effective energy conservation measures" means energy conservation measures that the investment grade audit concludes will generate savings sufficient to finance project loans of not more than ten years.
(3) "Energy conservation measure" means an installation or modification of an installation in a facility which is primarily intended to reduce energy consumption or allow the use of an alternative energy source, including:
(a) Insulation of the facility structure and systems within the facility;
(b) Storm windows and doors, multiglazed windows and doors, heat absorbing or heat reflective glazed and coated windows and door systems, additional glazing, reductions in glass area, and other window and door system modifications;
(c) Automatic energy control systems;
(d) Equipment required to operate variable steam, hydraulic, and ventilating systems adjusted by automatic energy control systems;
(e) Solar space heating or cooling systems, solar electric generating systems, or any combination thereof;
(f) Solar water heating systems;
(g) Furnace or utility plant and distribution system modifications including replacement burners, furnaces, and boilers which substantially increase the energy efficiency of the heating system; devices for modifying flue openings which will increase the energy efficiency of the heating system; electrical or mechanical furnace ignitions systems which replace standing gas pilot lights; and utility plant system conversion measures including conversion of existing oil- and gas-fired boiler installations to alternative energy sources;
(h) Caulking and weatherstripping;
(i) Replacement or modification of lighting fixtures which increase the energy efficiency of the lighting system;
(j) Energy recovery systems;
(k) Energy management systems; and
(l) Such other measures as the director finds will save a substantial amount of energy.
(4) "Energy conservation maintenance and operating procedure" means modification or modifications in the maintenance and operations of a facility, and any installations within the facility, which are designed to reduce energy consumption in the facility and which require no significant expenditure of funds.
(5) "Energy management system" has the definition contained in RCW 39.35.030.
(6) "Energy savings performance contracting" means the process authorized by chapter 39.35C RCW by which a company contracts with a state agency to conduct no-cost energy audits, guarantee savings from energy efficiency, provide financing for energy efficiency improvements, install or implement energy efficiency improvements, and agree to be paid for its investment solely from savings resulting from the energy efficiency improvements installed or implemented.
(7) "Energy service company" means a company or contractor providing energy savings performance contracting services.
(8) "Facility" means a building, a group of buildings served by a central energy distribution system, or components of a central energy distribution system.
(9) "Implementation plan" means the annual tasks and budget required to complete all acquisitions and installations necessary to satisfy the recommendations of the energy audit.
[ 2015 c 225 s 67; 2001 c 214 s 25; 1982 c 48 s 1; 1980 c 172 s 3.]
Notes:
Severability—Effective date—2001 c 214: See notes following RCW 80.50.010.
Findings—2001 c 214: See note following RCW 39.35.010.

catchline: Energy conservation—Definitions.


doc_type: statute

jurisdiction: wa

title: RCW 43.19.682

text:
The director of the department of enterprise services shall seek to further energy conservation objectives among other landscape objectives in planting and maintaining trees upon grounds administered by the department.
[ 2015 c 225 s 68; 1993 c 204 s 9.]
Notes:
Findings—1993 c 204: See note following RCW 35.92.390.

license: public-domain-government-work

rule_set: Revised Code of Washington

catchline: Energy conservation to be included in landscape objectives.

code: rcw

unit: section

court: Washington State Legislature


title: RCW 43.19.685

text:
The director shall develop lease covenants, conditions, and terms which:
(1) Obligate the lessor to conduct or have conducted a walk-through survey of the leased premises;
(2) Obligate the lessor to implement identified energy conservation maintenance and operating procedures upon completion of the walk-through survey; and
(3) Obligate the lessor to undertake technical assistance studies and subsequent acquisition and installation of energy conservation measures if the director, in accordance with rules adopted by the department, determines that these studies and measures will both conserve energy and can be accomplished with a state funding contribution limited to the savings which would result in utility expenses during the term of the lease.
These lease covenants, conditions, and terms shall be incorporated into all specified new, renewed, and renegotiated leases executed on or after January 1, 1983. This section applies to all leases under which state occupancy is at least half of the facility space and includes an area greater than three thousand square feet.
[ 2011 1st sp.s. c 43 s 239; 1982 c 48 s 4; 1980 c 172 s 6.]
Notes:
Effective date—Purpose—2011 1st sp.s. c 43: See notes following RCW 43.19.003.

catchline: Lease covenants, conditions, and terms to be developed—Applicability.


title: RCW 43.19.691

text:
(1) Municipalities may conduct energy audits and implement cost-effective energy conservation measures among multiple government entities.
(2) All municipalities shall report to the department if they implemented or did not implement, during the previous biennium, cost-effective energy conservation measures aggregated among multiple government entities. The reports must be submitted to the department by September 1, 2007, and by September 1, 2009. In collecting the reports, the department shall cooperate with the appropriate associations that represent municipalities.
(3) The department shall prepare a report summarizing the reports submitted by municipalities under subsection (2) of this section and shall report to the committee by December 31, 2007, and by December 31, 2009.
(4) For the purposes of this section, the following definitions apply:
(a) "Committee" means the joint committee on energy supply and energy conservation in chapter 44.39 RCW.
(b) "Cost-effective energy conservation measures" has the meaning provided in RCW 43.19.670.
(c) "Department" means the department of enterprise services.
(d) "Energy audit" has the meaning provided in RCW 43.19.670.
(e) "Municipality" has the meaning provided in RCW 39.04.010.
[ 2015 c 225 s 69; 2005 c 299 s 5.]
Notes:
Intent—2005 c 299: See note following RCW 44.39.010.

catchline: Municipalities—Energy audits and efficiency.


title: RCW 43.19.695

text:
Financing to implement conservation measures, including fees charged by the department, may be carried out with bonds issued by the Washington economic development finance authority under chapter 43.163 RCW.
[ 2005 c 299 s 6.]
Notes:
Intent—2005 c 299: See note following RCW 44.39.010.

catchline: Bonds to finance conservation measures.


title: RCW 43.19.708

text:
The department shall identify in the department's vendor registry all vendors that are veteran-owned businesses as certified by the department of veterans affairs under RCW 43.60A.195.
[ 2011 1st sp.s. c 43 s 242; 2010 c 5 s 5.]
Notes:
Effective date—Purpose—2011 1st sp.s. c 43: See notes following RCW 43.19.003.
Purpose—Construction—2010 c 5: See notes following RCW 43.60A.010.

catchline: Certified veteran-owned businesses—Identification in vendor registry.


title: RCW 43.19.710

text:
Unless the context clearly requires otherwise, the definitions in this section apply throughout this section and RCW 43.19.715.
(1) "Consolidated mail service" means incoming, outgoing, and internal mail processing.
(2) "Incoming mail" means mail, packages, or similar items received by an agency, through the United States postal service, private carrier services, or other courier services.
(3) "Internal mail" means interagency mail, packages, or similar items that are delivered or to be delivered to a state agency, the legislature, the supreme court, or the court of appeals, and their officers and employees.
(4) "Outgoing mail" means mail, packages, or similar items processed for agencies to be sent through the United States postal service, private carrier services, or other courier services.
[ 2011 1st sp.s. c 43 s 243; 1993 c 219 s 2.]
Notes:
Reviser's note: The definitions in this section have been alphabetized pursuant to RCW 1.08.015(2)(k).
Effective date—Purpose—2011 1st sp.s. c 43: See notes following RCW 43.19.003.
Intent—1993 c 219: "It is the intent of the legislature to consolidate mail functions for state government in a manner that will provide timely, effective, efficient, and less-costly mail service for state government." [ 1993 c 219 s 1.]
Effective date—1993 c 219: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect July 1, 1993." [ 1993 c 219 s 6.]

catchline: Consolidated mail service—Definitions.


title: RCW 43.19.715

text:
The director shall establish a consolidated mail service to handle all incoming, outgoing, and internal mail in the 98504 zip code area or successor zip code areas for agencies in the Olympia, Tumwater, and Lacey area. The director may include additional geographic areas within the consolidated mail service, based upon his or her determination. The department shall also provide mail services to legislative and judicial agencies in the Olympia, Tumwater, and Lacey area upon request.
The director may bill state agencies and other entities periodically for mail services rendered.
[ 1993 c 219 s 3.]
Notes:
Reviser's note: The definitions in RCW 43.19.710 apply to this section.
Intent—Effective date—1993 c 219: See notes following RCW 43.19.710.

catchline: Consolidated mail service—Area served.


title: RCW 43.19.720

text:
The department, in cooperation with the office of financial management, shall review current and prospective needs of state agencies for any equipment to process mail throughout state government. If after such consultation, the department should find that the economy, efficiency, or effectiveness of state government would be improved by such a transfer or other disposition, then the property shall be transferred or otherwise disposed.
After making such finding, the department shall direct the transfer of existing state property, facilities, and equipment pertaining to the consolidated mail service or United States postal service. Any dispute concerning the benefits in state governmental economy, efficiency, and effectiveness shall be resolved by the office of financial management.
[ 1993 c 219 s 5.]
Notes:
Intent—Effective date—1993 c 219: See notes following RCW 43.19.710.

catchline: Consolidated mail service—Review needs of state agencies.


title: RCW 43.19.725

text:
(1) The department must develop a model plan for state agencies to increase: (a) The number of small businesses registering in the state's enterprise vendor registration and bid notification system; (b) the number of such registered small businesses annually receiving state contracts for goods and services purchased by the state; and (c) the percentage of total state dollars spent for goods and services purchased from such registered small businesses. The goal of the plan is to increase the number of small businesses receiving state contracts as well as the percentage of total state dollars spent for goods and services from small businesses registered in the state's enterprise vendor registration and bid notification system by at least fifty percent in fiscal year 2013, and at least one hundred percent in fiscal year 2015 over the baseline data reported for fiscal year 2011.
(2) The department, the department of transportation, and institutions of higher education as defined in RCW 28B.10.016 may adopt the model plan developed by the department under subsection (1) of this section. If the agency does not adopt the model plan, it must establish and implement a plan consistent with the goals of subsection (1) of this section.
(3) To facilitate the participation of small businesses in the provision of goods and services to the state, including purchases under chapters 39.26 and 43.105 RCW, the director, under the powers granted under this chapter, and the department, the department of transportation, and institutions of higher education as defined in RCW 28B.10.016 operating under delegated authority granted under this chapter or RCW 28B.10.029, must give technical assistance to small businesses regarding the state bidding process. Such technical assistance shall include providing opportunities for the agency to answer vendor questions about the bid solicitation requirements in advance of the bid due date and, upon request, holding a debriefing after the contract award to assist the vendor in understanding how to improve his or her responses for future competitive procurements.
(4)(a) The department, the department of transportation, and institutions of higher education as defined in RCW 28B.10.016 must maintain records of state purchasing contracts awarded to registered small businesses in order to track outcomes and provide accurate, verifiable information regarding the effects the technical assistance under subsection (3) of this section is having on the number of small businesses annually receiving state contracts for goods and services purchased by the state.
(b) The department may provide assistance to other agencies attempting to maintain records of state purchasing contracts awarded to registered small businesses for the purposes described under (a) of this subsection.
[ 2012 c 224 s 26; 2011 c 358 s 2.]
Notes:
Effective date—2012 c 224: See RCW 39.26.900.
Findings—Intent—2011 c 358: "The legislature finds that it is in the state's economic interest and serves a public purpose to promote and facilitate the fullest possible participation by Washington businesses of all sizes in the process by which goods and services are purchased by the state. The legislature further finds that large businesses have the resources to participate fully and effectively in the state's purchasing system, and because of many factors, including economies of scale, the purchasing system tends to create a preference in favor of large businesses and to disadvantage small businesses. The legislature intends, therefore, to assist, to the maximum extent possible, small businesses to participate in order to enhance and preserve competitive enterprise and to ensure that small businesses have a fair opportunity to be awarded contracts or subcontracts for goods and services purchased by the state. The legislature recognizes the need to increase accountability for the state's procurement and contracting practices. The legislature, therefore, intends to encourage all state agencies to maintain records of state purchasing contracts awarded to registered small businesses. The legislature further recognizes that access to a modernized system that categorizes a state business by such factors as its type and size, is an essential tool for receiving accurate and verifiable information regarding the effects any technical assistance is having on the number of small businesses annually receiving state contracts for goods and services purchased by the state." [ 2011 c 358 s 1.]

catchline: Small businesses—Increased registration in enterprise vendor registration and bid notification system—Increased contracts and purchasing—Model plan—Technical assistance—Recordkeeping.


title: RCW 43.19.727

text:
(1) By November 15, 2013, and November 15th every two years thereafter, the department, the department of transportation, and institutions of higher education as defined in RCW 28B.10.016 shall submit a report to the appropriate committees of the legislature providing verifiable information regarding the effects the technical assistance under RCW 43.19.725(3) is having on the number of small businesses annually receiving state contracts for goods and services purchased by the state.
(2) By December 31, 2013, the department, the department of transportation, and institutions of higher education as defined in RCW 28B.10.016 must use the web-based information system created under subsection (3)(a) of this section to capture the data required under subsection (3)(a) of this section.
(3)(a) The department, in consultation with the department of transportation and the department of commerce, must develop and implement a web-based information system. The web-based information system must be used to capture data, track outcomes, and provide accurate and verifiable information regarding the effects the technical assistance under RCW 43.19.725(3) is having on the number of small businesses annually receiving state contracts for goods and services purchased by the state. Such measurable data shall include, but not be limited to: (i) The number of registered small businesses that have been awarded state procurement contracts, (ii) the percentage of total state dollars spent for goods and services purchased from registered small businesses, and (iii) the number of registered small businesses that have bid on but were not awarded state purchasing contracts.
(b) By September 1, 2012, the department, in collaboration with the department of transportation, shall submit a report to the appropriate committees of the legislature providing any recommendations for needed legislation to improve the collection of data required under (a) of this subsection.
(c) By December 31, 2013, the department must make the web-based information system available to all state purchasing agencies.
(d) The department may also make the web-based information system available to other agencies that would like to use the system for the purposes of chapter 358, Laws of 2011.
[ 2012 c 224 s 27; 2011 c 358 s 3.]
Notes:
Effective date—2012 c 224: See RCW 39.26.900.
Findings—Intent—2011 c 358: See note following RCW 43.19.725.

catchline: Small businesses—Effects of technical assistance—Reports—Web-based information system.


title: RCW 43.19.733

text:
(1) The department shall broker print management contracts for state agencies that are required to utilize print management contracts under this section.
(2) The department is authorized to broker print management contracts for other state agencies that choose to utilize these services.
(3) Except as provided under subsection (6) of this section, all state agencies with total annual average full-time equivalent staff that exceeds one thousand as determined by the office of financial management shall utilize print management services brokered by the department, as follows:
(a) Any agency with a copier and multifunctional device contract that is set to expire on or before December 31, 2011, may opt to:
(i) Renew the copier and multifunctional device contract; or
(ii) Enter a print management contract;
(b) Any agency with a copier and multifunctional device contract that is set to expire on or after January 1, 2012, shall begin planning for the transition to a print management contract six months prior to the expiration date of the contract. Upon expiration of the copier and multifunctional device contract, the agency shall utilize a print management contract; and
(c) Any agency with a copier and multifunctional device contract that is terminated on or after January 1, 2012, shall enter a print management contract.
(4) Until December 31, 2016, for each agency transitioning from a copier and multifunctional device contract to a print management contract, the print management contract should result in savings in comparison with the prior copier and multifunctional device contract.
(5) If an agency has more full-time equivalent employees than it had when it entered its most recently completed print management contract, the cost of a new print management contract may exceed the cost of the most recently completed print management contract.
(6) The director of financial management may exempt a state agency, or a program within a state agency, from the requirements of this section if the director deems it unfeasible or the department and agency could not reasonably reach an agreement regarding print management.
[ 2011 1st sp.s. c 43 s 308.]
Notes:
Effective date—Purpose—2011 1st sp.s. c 43: See notes following RCW 43.19.003.

catchline: Requirement to utilize print management contracts—Exemptions.


title: RCW 43.19.736

text:
(1) State agencies, boards, commissions, and institutions of higher education requiring the services of a print shop may use public printing services provided by the department. If a print job is put out for bid, the department must be included in the bid solicitation. All solicitations must be posted on the state's common vendor registration and bid notification system and results provided to the department. All bid specifications must encourage the use of recycled paper and biodegradable ink must be used if feasible for the print job.
(2)(a) Except as provided in (b) of this subsection, the department shall print all agency materials that contain sensitive or personally identifiable information not publicly available.
(b) If it is more economically feasible to contract with a private vendor for the printing of agency materials that contain sensitive or personally identifiable information, the department shall require the vendor to enter into a confidentiality agreement with the department to protect the information that is provided as part of the print job.
[ 2011 1st sp.s. c 43 s 309.]
Notes:
Effective date—Purpose—2011 1st sp.s. c 43: See notes following RCW 43.19.003.

catchline: Print shop services—Bid solicitations—Confidential information.


title: RCW 43.19.739

text:
For every printing job and binding job ordered by a state agency, the agency shall consult with the department on how to choose more economic and efficient options to reduce costs.
[ 2011 1st sp.s. c 43 s 311.]
Notes:
Effective date—Purpose—2011 1st sp.s. c 43: See notes following RCW 43.19.003.

catchline: Reducing costs—Agencies to consult with department.


title: RCW 43.19.742

text:
To improve the efficiency and minimize the costs of agency-based printing, the department shall establish rules and guidelines for all agencies to use in managing their printing operations, including both agency-based printing and those jobs that require the services of a print shop, as based on the successes of implementation of existing print management programs in state agencies. At a minimum, the rules and guidelines must implement managed print strategies to track, manage, and reduce agency-based printing.
[ 2011 1st sp.s. c 43 s 312.]
Notes:
Effective date—Purpose—2011 1st sp.s. c 43: See notes following RCW 43.19.003.

catchline: Agency management of print operations—Department rules and guidelines.


title: RCW 43.19.745

text:
(1) The department shall consult with the office of financial management and state agencies to more efficiently manage the use of envelopes by standardizing them to the extent feasible given the business needs of state agencies.
(2) All state agencies with total annual average full-time equivalent staff that exceeds five hundred as determined by the office of financial management shall cooperate with the department in efforts to standardize envelopes under subsection (1) of this section. In the event that an agency is updating a mailing, the agency shall transition to an envelope recommended by the department, unless the office of financial management considers the change unfeasible.
(3) State agencies with five hundred total annual average full-time equivalent staff or less, as determined by the office of financial management, are encouraged to cooperate with the office to standardize envelopes under this section.
[ 2011 1st sp.s. c 43 s 314.]
Notes:
Effective date—Purpose—2011 1st sp.s. c 43: See notes following RCW 43.19.003.

catchline: Agency use of envelopes—Standardization.


title: RCW 43.19.748

text:
All printing, binding, and stationery work done for any state agency, county, city, town, port district, or school district in this state shall be done within the state, and all proposals, requests, or invitations to submit bids, prices, or contracts thereon, and all contracts for such work, shall so stipulate: PROVIDED, That whenever it is established that any such work cannot be executed within the state, or that the lowest charge for which it can be procured within the state, exceeds the charge usually and customarily made to private individuals and corporations for work of similar character and quality, or that all bids for the work or any part thereof are excessive and not reasonably competitive, the officers of any such public corporation may have the work done outside the state.
[ 1999 c 365 s 1; 1965 c 8 s 43.78.130. Prior: 1919 c 80 s 1; RRS s 10335. Formerly RCW 43.78.130.]

catchline: Public printing for state agencies and municipal corporations—Exceptions to in-state requirements.


title: RCW 43.19.751

text:
No bill or claim for any such work shall be allowed by any officer of a state agency or public corporation or be paid out of its funds, unless it appears that the work was executed within the state or that the execution thereof within the state could not have been procured, or procured at reasonable and competitive rates, and no action shall be maintained against such corporation or its officers upon any contract for such work unless it is alleged and proved that the work was done within the state or that the bids received therefor were unreasonable or not truly competitive.
[ 1999 c 365 s 2; 1965 c 8 s 43.78.140. Prior: 1919 c 80 s 2; RRS s 10336. Formerly RCW 43.78.140.]

catchline: Public printing for state agencies and municipal corporations—Allowance of claims.


title: RCW 43.19.754

text:
All contracts for such work to be done outside the state shall require that it be executed under conditions of employment which shall substantially conform to the laws of this state respecting hours of labor, the minimum wage scale, and the rules and regulations of the department of labor and industries regarding conditions of employment, hours of labor, and minimum wages, and shall be favorably comparable to the labor standards and practices of the lowest competent bidder within the state, and the violation of any such provision of any contract shall be ground for cancellation thereof.
[ 1994 c 164 s 12; 1973 1st ex.s. c 154 s 86; 1965 c 8 s 43.78.150. Prior: 1953 c 287 s 1; 1919 c 80 s 3; RRS s 10337. Formerly RCW 43.78.150.]
Notes:
Severability—1973 1st ex.s. c 154: See note following RCW 2.12.030.

catchline: Public printing for state agencies and municipal corporations—Contracts for out-of-state work.


title: RCW 43.19.757

text:
Nothing in RCW 43.19.748, 43.19.751, and 43.19.754 shall be construed as requiring any public official to accept any such work of inferior quality or workmanship.
[ 2015 c 225 s 70; 1965 c 8 s 43.78.160. Prior: 1919 c 80 s 4; RRS s 10338. Formerly RCW 43.78.160.]
Notes:

catchline: Public printing for state agencies and municipal corporations—Quality and workmanship requirements.


title: RCW 43.19.760

text:
It is the policy of the state for the management of risks to which it is exposed to apply the following principles consistently in a state program of risk management:
(1) To identify those liability and property risks which may have a significant economic impact on the state;
(2) To evaluate risk in terms of the state's ability to fund potential loss rather than the ability of an individual agency to fund potential loss;
(3) To eliminate or improve conditions and practices which contribute to loss whenever practical;
(4) To assume risks to the maximum extent practical;
(5) To provide flexibility within the state program to meet the unique requirements of any state agency for insurance coverage or service;
(6) To purchase commercial insurance:
(a) When the size and nature of the potential loss make it in the best interest of the state to purchase commercial insurance; or
(b) When the fiduciary of encumbered property insists on commercial insurance; or
(c) When the interest protected is not a state interest and an insurance company is desirable as an intermediary; or
(d) When services provided by an insurance company are considered necessary; or
(e) When services or coverages provided by an insurance company are cost-effective; or
(f) When otherwise required by statute; and
(7) To develop plans for the management and protection of the revenues and assets of the state.
[ 1985 c 188 s 2; 1977 ex.s. c 270 s 1. Formerly RCW 43.41.280, 43.19.19361.]
Notes:
Intent—2002 c 332: "It is the intent of the legislature that state risk management should have increased visibility at a policy level in state government. This increased visibility can best be accomplished by the transfer of the statewide risk management function from the department of general administration to the office of financial management. The legislature intends that this transfer will result in increasing visibility for the management and funding of statewide risk, increasing executive involvement in risk management issues, and improving statewide risk management accountability." [ 2002 c 332 s 1.]
Effective date—2002 c 332: "This act shall take effect July 1, 2002." [ 2002 c 332 s 26.]

catchline: Risk management—Principles.


title: RCW 43.19.763

text:
As used in chapter 43, Laws of 2011 1st sp. sess.:
(1) "Department" means the department of enterprise services;
(2) "Director" means the director of enterprise services;
(3) "Risk management" means the total effort and continuous step by step process of risk identification, measurement, minimization, assumption, transfer, and loss adjustment which is aimed at protecting assets and revenues against accidental loss; and
(4) "State agency" includes any state office, agency, commission, department, or institution, including colleges, universities, and community colleges, financed in whole or part from funds appropriated by the legislature.
[ 2011 1st sp.s. c 43 s 501; 1977 ex.s. c 270 s 3. Formerly RCW 43.41.290, 43.19.19363.]
Notes:
Reviser's note: The definitions in this section have been alphabetized pursuant to RCW 1.08.015(2)(k).
Effective date—Purpose—2011 1st sp.s. c 43: See notes following RCW 43.19.003.
Intent—2002 c 332: See note following RCW 43.19.760.

catchline: Risk management—Definitions.


title: RCW 43.19.766

text:
There is hereby created an office of risk management within the department of enterprise services. The director shall implement the risk management policy in RCW 43.19.760 through the office of risk management. The director shall appoint a risk manager to supervise the office of risk management. The office of risk management shall make recommendations when appropriate to state agencies on the application of prudent safety, security, loss prevention, and loss minimization methods so as to reduce or avoid risk or loss.
[ 2011 1st sp.s. c 43 s 502; 2002 c 332 s 7; 1998 c 245 s 55; 1987 c 505 s 25; 1985 c 188 s 3; 1977 ex.s. c 270 s 2. Formerly RCW 43.41.300, 43.19.19362.]
Notes:
Effective date—Purpose—2011 1st sp.s. c 43: See notes following RCW 43.19.003.
Intent—Effective date—2002 c 332: See notes following RCW 43.19.760.

catchline: Risk management—Office created—Powers and duties.


title: RCW 43.19.769

text:
As a means of providing for the procurement of insurance and bonds on a volume rate basis, the director shall purchase or contract for the needs of state agencies in relation to all such insurance and bonds: PROVIDED, That authority to purchase insurance may be delegated to state agencies. Insurance in force shall be reported to the office of risk management periodically under rules established by the director. Nothing contained in this section shall prohibit the use of licensed agents or brokers for the procurement and service of insurance.
The amounts of insurance or bond coverage shall be as fixed by law, or if not fixed by law, such amounts shall be as fixed by the director.
The premium cost for insurance acquired and bonds furnished shall be paid from appropriations or other appropriate resources available to the state agency or agencies for which procurement is made, and all vouchers drawn in payment therefor shall bear the written approval of the office of risk management prior to the issuance of the warrant in payment therefor. Where deemed advisable the premium cost for insurance and bonds may be paid by the risk management administration account which shall be reimbursed by the agency or agencies for which procurement is made.
[ 2011 1st sp.s. c 43 s 503; 2002 c 332 s 5; 1998 c 105 s 8; 1985 c 188 s 1; 1977 ex.s. c 270 s 6; 1975 c 40 s 9; 1965 c 8 s 43.19.1935. Prior: 1959 c 178 s 18. Formerly RCW 43.41.310, 43.19.1935.]
Notes:
Effective date—Purpose—2011 1st sp.s. c 43: See notes following RCW 43.19.003.
Intent—Effective date—2002 c 332: See notes following RCW 43.19.760.
Effective date—1998 c 105: See note following RCW 43.19.025.
Powers and duties of director of enterprise services as to official bonds: RCW 43.19.784.

catchline: Risk management—Procurement of insurance and bonds.


title: RCW 43.19.772

text:
The director, through the office of risk management, may purchase, or contract for the purchase of, property and liability insurance for any municipality upon request of the municipality.
As used in this section, "municipality" means any city, town, county, special purpose district, municipal corporation, or political subdivision of the state of Washington.
[ 2011 1st sp.s. c 43 s 504; 2002 c 332 s 6; 1985 c 188 s 5. Formerly RCW 43.41.320, 43.19.1936.]
Notes:
Effective date—Purpose—2011 1st sp.s. c 43: See notes following RCW 43.19.003.
Intent—Effective date—2002 c 332: See notes following RCW 43.19.760.

catchline: Risk management—Procurement of insurance for municipalities.


title: RCW 43.19.775

text:
The director, through the office of risk management, shall receive and enforce bonds posted pursuant to *RCW 39.59.010 (3) and (4).
[ 2011 1st sp.s. c 43 s 505; 2002 c 332 s 8; 1988 c 281 s 6. Formerly RCW 43.41.330, 43.19.19367.]
Notes:
*Reviser's note: RCW 39.59.010 was amended by 2016 c 152 s 9, deleting subsections (3) and (4).
Effective date—Purpose—2011 1st sp.s. c 43: See notes following RCW 43.19.003.
Intent—Effective date—2002 c 332: See notes following RCW 43.19.760.

catchline: Risk management—Enforcement of bonds under RCW 39.59.010.


title: RCW 43.19.778

text:
The department shall conduct periodic actuarial studies to determine the amount of money needed to adequately fund the liability account.
[ 2011 1st sp.s. c 43 s 506; 2002 c 332 s 9; 1989 c 419 s 11. Formerly RCW 43.41.340, 43.19.19369.]
Notes:
Effective date—Purpose—2011 1st sp.s. c 43: See notes following RCW 43.19.003.
Intent—Effective date—2002 c 332: See notes following RCW 43.19.760.
Intent—Effective date—1989 c 419: See notes following RCW 4.92.006.
Liability account created: RCW 4.92.130.

catchline: Risk management—Liability account—Actuarial studies.


title: RCW 43.19.781

text:
(1) The office of risk management shall establish a coordinated safety and loss control program to reduce liability exposure, safeguard state assets, and reduce costs associated with state liability and property losses.
(2) State agencies shall provide top management support and commitment to safety and loss control, and develop awareness through education, training, and information sharing.
(3) The office of risk management shall develop and maintain centralized loss history information for the purpose of identifying and analyzing risk exposures. Loss history information shall be privileged and confidential and reported only to appropriate agencies.
(4) The office of risk management shall develop methods of statistically monitoring agency and statewide effectiveness in controlling losses.
(5) The office of risk management will routinely review agency loss control programs as appropriate to suggest improvements, and observe and recognize successful safety policies and procedures.
(6) The office of risk management shall provide direct assistance to smaller state agencies in technical aspects of proper safety and loss control procedures, upon request.
[ 1989 c 419 s 6. Formerly RCW 43.41.350, 43.19.19368.]
Notes:
Intent—2002 c 332: See note following RCW 43.19.760.
Intent—Effective date—1989 c 419: See notes following RCW 4.92.006.

catchline: Risk management—Safety and loss control program.


title: RCW 43.19.782

text:
(1) In consultation with the department and upon delegation, a state agency shall appoint a loss prevention review team when the death of a person, serious injury to a person, or other substantial loss is alleged or suspected to be caused at least in part by the actions of a state agency except when the death, injury, or substantial loss is already being investigated by another federal or state agency, or by the affected state agency, pursuant to the federal or state agency requirements. Any review conducted by another agency or under other requirements must contain elements of subsection (3) of this section and must comply with RCW 43.19.783 to the extent RCW 43.19.783 does not conflict with statutes or rules governing those reviews. The department may also direct a state agency to conduct a loss prevention review after consultation with the affected agency as to the purpose, scope, necessary resources, and intended outcomes of the loss prevention review. The department may provide guidance to the state agency conducting the loss prevention review as requested by the state agency.
(2) A loss prevention review team shall consist of at least three persons, and may include independent consultants, contractors, or state employees, but it shall not include any person directly involved in the loss or risk of loss giving rise to the review, nor any person with testimonial knowledge of the incident to be reviewed. At least one member of the review team shall have expertise relevant to the matter under review, but no more than half of the review team members may be employees of the affected agency.
(3) The loss prevention review team shall review the death, serious injury, or other incident and the circumstances surrounding it, evaluate its causes, and recommend steps to reduce the risk of such incidents occurring in the future. The loss prevention review team shall accomplish these tasks by reviewing relevant documents and interviewing persons with relevant knowledge. The loss prevention review team must submit a report in writing to the director and the head of the state agency involved in the loss or risk of loss. The report must include the teams' findings, analyze the causes and contributing factors, analyze future risk, include methods that the agency will use to address and mitigate the risks identified, which may include changes to policies or procedures, and any legislative recommendation necessary to address and carry out the risk treatment strategies identified in the subject report and include the manner in which the agency will measure the effectiveness of its changes. The final report shall not disclose the contents of any documents required by law or regulation to be kept private or confidential, or that are subject to legal privilege or exemption.
(4) The director may develop and enact rules to implement the provisions of this chapter that apply to all state agency loss prevention review teams. State agencies must notify the department immediately upon becoming aware of a death, serious injury, or other substantial loss that is alleged or suspected to be caused at least in part by the actions of the state agency.
(5) All state agencies shall provide the loss prevention review team ready access to relevant documents in their possession and ready access to their employees.
(6) The director shall submit an annual report to the legislature identifying the reviews conducted in the past year, providing appropriate metrics on effectiveness and efficiency of the loss prevention review team and programs, and summarizing any determinations of trends in incidents such as reductions or increases in the frequency or magnitude of losses and innovative approaches to mitigating risks identified.
[ 2017 c 318 s 2; 2011 1st sp.s. c 43 s 508; 2002 c 333 s 2. Formerly RCW 43.41.370.]
Notes:
Effective date—Purpose—2011 1st sp.s. c 43: See notes following RCW 43.19.003.
Intent—2002 c 333: "The legislature intends that when the death of a person, serious injury to a person, or other substantial loss is alleged or suspected to be caused at least in part by the actions of a state agency, a loss prevention review shall be conducted. The legislature recognizes the tension inherent in a loss prevention review and the need to balance the prevention of harm to the public with state agencies' accountability to the public. The legislature intends to minimize this tension and to foster open and frank discussions by granting members of the loss prevention review teams protection from having to testify, and by declaring a general rule that the work product of these teams is inadmissible in civil actions or administrative proceedings." [ 2002 c 333 s 1.]

catchline: Loss prevention review team—Appointment—Duties—Rules—Annual report.


title: RCW 43.19.783

text:
(1) The final report from the state agency's loss prevention review team to the director shall be made public by the director promptly after review, and shall be subject to public disclosure. The final report shall be subject to discovery in a civil or administrative proceeding. However, the final report shall not be admitted into evidence or otherwise used in a civil or administrative proceeding except pursuant to subsection (2) of this section.
(2) The relevant excerpt or excerpts from the final report of a loss prevention review team may be used to impeach a fact witness in a civil or administrative proceeding only if the party wishing to use the excerpt or excerpts from the report first shows the court by clear and convincing evidence that the witness, in testimony provided in deposition or at trial in the present proceeding, has contradicted his or her previous statements to the loss prevention review team on an issue of fact material to the present proceeding. In that case, the party may use only the excerpt or excerpts necessary to demonstrate the contradiction. This section shall not be interpreted as expanding the scope of material that may be used to impeach a witness.
(3) No member of a loss prevention review team may be examined in a civil or administrative proceeding as to (a) the work of the loss prevention review team, (b) the incident under review, (c) his or her statements, deliberations, thoughts, analyses, or impressions relating to the work of the loss prevention review team or the incident under review, or (d) the statements, deliberations, thoughts, analyses, or impressions of any other member of the loss prevention review team, or any person who provided information to it, relating to the work of the loss prevention review team or the incident under review.
(4) Any document that exists prior to the appointment of a loss prevention review team, or that is created independently of such a team, does not become inadmissible merely because it is reviewed or used by the loss prevention review team. A person does not become unavailable as a witness merely because the person has been interviewed by or has provided a statement to a loss prevention review team. However, if called as a witness, the person may not be examined regarding the person's interactions with the loss prevention review team, including without limitation whether the loss prevention review team interviewed the person, what questions the loss prevention review team asked, and what answers the person provided to the loss prevention review team. This section shall not be construed as restricting the person from testifying fully in any proceeding regarding his or her knowledge of the incident under review.
(5) Documents prepared by or for the loss prevention review team are inadmissible and may not be used in a civil or administrative proceeding, except that excerpts may be used to impeach the credibility of a witness under the same circumstances that excerpts of the final report may be used pursuant to subsection (2) of this section.
(6) The restrictions set forth in this section shall not apply in a licensing or disciplinary proceeding arising from an agency's effort to revoke or suspend the license of any licensed professional based in whole or in part upon allegations of wrongdoing in connection with the death, injury, or other incident reviewed by the loss prevention review team.
(7) Nothing in RCW 43.19.782 or this section is intended to limit the scope of a legislative inquiry into or review of an incident that is the subject of a loss prevention review.
(8) Nothing in RCW 43.19.782 or in this section affects chapter 70.41 RCW and application of that chapter to state-owned or managed hospitals licensed under chapter 70.41 RCW.
[ 2017 c 318 s 3; 2011 1st sp.s. c 43 s 509; 2002 c 333 s 3. Formerly RCW 43.41.380.]
Notes:
Effective date—Purpose—2011 1st sp.s. c 43: See notes following RCW 43.19.003.
Intent—2002 c 333: See note following RCW 43.19.782.

catchline: Loss prevention review team—Final report—Use of report and testimony limited.


title: RCW 43.19.784

text:
The director shall:
(1) Fix the amount of bond to be given by each appointive state officer and each employee of the state in all cases where it is not fixed by law;
(2) Require the giving of an additional bond, or a bond in a greater amount than provided by law, in all cases where in his or her judgment the statutory bond is not sufficient in amount to cover the liabilities of the officer or employee;
(3) Exempt subordinate employees from giving bond when in his or her judgment their powers and duties are such as not to require a bond.
[ 2011 1st sp.s. c 43 s 507; 2009 c 549 s 5121; 1975 c 40 s 13. Formerly RCW 43.41.360, 43.19.540.]
Notes:
Effective date—Purpose—2011 1st sp.s. c 43: See notes following RCW 43.19.003.
Intent—2002 c 332: See note following RCW 43.19.760.

catchline: Bonds of state officers and employees—Fixing amount—Additional bonds—Exemptions—Duties of director.


title: RCW 43.19.800

text:
(1) Following the inspection required under RCW 43.19.1919 and prior to transferring ownership of a department-owned vessel, the department shall obtain the following from the transferee:
(a) The purposes for which the transferee intends to use the vessel; and
(b) Information demonstrating the prospective owner's intent to obtain legal moorage following the transfer, in the manner determined by the department.
(2)(a) The department shall remove any containers or other materials that are not fixed to the vessel and contain hazardous substances, as defined under RCW 70A.305.020.
(b) However, the department may transfer a vessel with:
(i) Those containers or materials described under (a) of this subsection where the transferee demonstrates to the department's satisfaction that the container's or material's presence is consistent with the anticipated use of the vessel; and
(ii) A reasonable amount of fuel as determined by the department, based on factors including the vessel's size, condition, and anticipated use of the vessel, including initial destination following transfer.
(c) The department may consult with the department of ecology in carrying out the requirements of this subsection (2).
(3) Prior to sale, and unless the vessel has a title or valid marine document, the department is required to apply for a certificate of title for the vessel under RCW 88.02.510 and register the vessel under RCW 88.02.550.
[ 2021 c 65 s 35; 2013 c 291 s 6.]
Notes:
Explanatory statement—2021 c 65: See note following RCW 53.54.030.

catchline: Transfer of ownership of department-owned vessel—Further requirements.


title: RCW 43.19.805

text:
The office of financial management shall provide by administrative regulation for the maintenance of an inventory of all state owned or controlled land resources by all state agencies owning or controlling land. That office shall cooperate with the state departments and agencies charged with administering state owned or controlled land resources to assist them in developing and maintaining land resources inventories that will permit their respective inventories to be summarized into meaningful reports for the purposes of providing executive agencies with information for planning, budgeting, and managing state owned or administered land resources and to provide the legislature, its members, committees, and staff with data needed for formulation of public policy.
Such departments or agencies shall maintain and make available such summary inventory information as may be prescribed by the rules of the office of financial management. That office shall give each affected department or agency specific written notice of hearings for consideration, adoption, or modification of such rules. All information submitted to that office under this section are a matter of public record and shall be available from said agency upon request.
[ 1981 c 157 s 5. Formerly RCW 43.41.150.]

catchline: Inventory of state land resources—Developing and maintaining—Summaries.


title: RCW 43.19.900

text:
(1) The department of general administration is hereby abolished and its powers, duties, and functions are transferred to the department of enterprise services. All references to the director or department of general administration in the Revised Code of Washington shall be construed to mean the director or the department of enterprise services.
(2)(a) All reports, documents, surveys, books, records, files, papers, or written material in the possession of the department of general administration shall be delivered to the custody of the department of enterprise services. All cabinets, furniture, office equipment, motor vehicles, and other tangible property employed by the department of general administration shall be made available to the department of enterprise services. All funds, credits, or other assets held by the department of general administration shall be assigned to the department of enterprise services.
(b) Any appropriations made to the department of general administration shall, on October 1, 2011, be transferred and credited to the department of enterprise services.
(c) If any question arises as to the transfer of any personnel, funds, books, documents, records, papers, files, equipment, or other tangible property used or held in the exercise of the powers and the performance of the duties and functions transferred, the director of financial management shall make a determination as to the proper allocation and certify the same to the state agencies concerned.
(3) All rules and all pending business before the department of general administration shall be continued and acted upon by the department of enterprise services. All existing contracts and obligations shall remain in full force and shall be performed by the department of enterprise services.
(4) The transfer of the powers, duties, functions, and personnel of the department of general administration shall not affect the validity of any act performed before October 1, 2011.
(5) If apportionments of budgeted funds are required because of the transfers directed by this section, the director of financial management shall certify the apportionments to the agencies affected, the state auditor, and the state treasurer. Each of these shall make the appropriate transfer and adjustments in funds and appropriation accounts and equipment records in accordance with the certification.
(6) All employees of the department of general administration engaged in performing the powers, functions, and duties transferred to the department of enterprise services, are transferred to the department of enterprise services. All employees classified under chapter 41.06 RCW, the state civil service law, are assigned to the department of enterprise services to perform their usual duties upon the same terms as formerly, without any loss of rights, subject to any action that may be appropriate thereafter in accordance with the laws and rules governing state civil service law.
(7) Unless or until modified by the public employment relations commission pursuant to RCW 41.80.911:
(a) The bargaining units of employees at the department of general administration existing on October 1, 2011, shall be considered appropriate units at the department of enterprise services and will be so certified by the public employment relations commission.
(b) The exclusive bargaining representatives recognized as representing the bargaining units of employees at the department of general administration existing on October 1, 2011, shall continue as the exclusive bargaining representatives of the transferred bargaining units without the necessity of an election.
[ 2011 1st sp.s. c 43 s 1002.]
Notes:
Effective date—Purpose—2011 1st sp.s. c 43: See notes following RCW 43.19.003.

catchline: Transfer of powers, duties, functions, and assets of department of general administration.


title: RCW 43.19.901

text:
(1) The public printer is hereby abolished and its powers, duties, and functions, to the extent provided in chapter 43, Laws of 2011 1st sp. sess., are transferred to the department of enterprise services. All references to the public printer in the Revised Code of Washington shall be construed to mean the director or the department of enterprise services.
(2)(a) All reports, documents, surveys, books, records, files, papers, or written material in the possession of the public printer shall be delivered to the custody of the department of enterprise services. All cabinets, furniture, office equipment, motor vehicles, and other tangible property employed by the public printer shall be made available to the department of enterprise services. All funds, credits, or other assets held by the public printer shall be assigned to the department of enterprise services.
(b) Any appropriations made to the public printer shall, on October 1, 2011, be transferred and credited to the department of enterprise services.
(c) If any question arises as to the transfer of any personnel, funds, books, documents, records, papers, files, equipment, or other tangible property used or held in the exercise of the powers and the performance of the duties and functions transferred, the director of financial management shall make a determination as to the proper allocation and certify the same to the state agencies concerned.
(3) All rules and all pending business before the public printer shall be continued and acted upon by the department of enterprise services. All existing contracts and obligations shall remain in full force and shall be performed by the department of enterprise services.
(4) The transfer of the powers, duties, functions, and personnel of the public printer shall not affect the validity of any act performed before October 1, 2011.
(5) If apportionments of budgeted funds are required because of the transfers directed by this section, the director of financial management shall certify the apportionments to the agencies affected, the state auditor, and the state treasurer. Each of these shall make the appropriate transfer and adjustments in funds and appropriation accounts and equipment records in accordance with the certification.
(6) All employees of the public printer engaged in performing the powers, functions, and duties transferred to the department of enterprise services are transferred to the department of enterprise services.
(a) The commercial agreement between the graphic communications conference of the international brotherhood of teamsters, local 767M and the department of printing-bindery that became effective July 1, 2007, shall remain in effect during its duration. Upon expiration, the parties may extend the terms of the agreement; however, the agreement may not be extended beyond September 30, 2011. Beginning October 1, 2011, chapter 41.80 RCW shall apply to the department of enterprise services with respect to employees in positions formerly covered under the expired commercial agreement.
(b) The commercial agreement between the graphic communications conference of the international brotherhood of teamsters, local 767M and the department of printing-litho that became effective July 1, 2007, shall remain in effect during its duration. Upon expiration, the parties may extend the terms of the agreement; however, the agreement may not be extended beyond September 30, 2011. Beginning October 1, 2011, chapter 41.80 RCW shall apply to the department of enterprise services with respect to the employees in positions formerly covered under the expired commercial agreement.
(c) The typographical contract between the communications workers of America, the newspaper guild, local 37082, and the department of printing-typographical that became effective July 1, 2007, shall remain in effect during its duration. Upon expiration, the parties may extend the terms of the agreement; however, the agreement may not be extended beyond September 30, 2011. Beginning October 1, 2011, chapter 41.80 RCW shall apply to the department of enterprise services with respect to the employees in positions formerly covered under the expired typographical contract.
(d) All other employees of the public printer not covered by the contracts and agreements specified in (a) through (c) of this subsection shall be exempt from chapter 41.06 RCW until October 1, 2011, at which time these employees shall be subject to chapter 41.06 RCW, unless otherwise deemed exempt in accordance with that chapter.
(7) Unless or until modified by the public employment relations commission pursuant to RCW 41.80.911:
(a) The bargaining units of printing craft employees existing on October 1, 2011, shall be considered an appropriate unit at the department of enterprise services and will be so certified by the public employment relations commission; and
(b) The exclusive bargaining representatives recognized as representing the bargaining units of printing craft employees existing on October 1, 2011, shall continue as the exclusive bargaining representatives of the transferred bargaining units without the necessity of an election.
[ 2011 1st sp.s. c 43 s 1003.]
Notes:
Effective date—Purpose—2011 1st sp.s. c 43: See notes following RCW 43.19.003.

catchline: Transfer of certain powers, duties, functions, and assets of the public printer.


title: RCW 43.19.902

text:
(1) The powers, duties, and functions of the department of information services as set forth in RCW * 43.19.791, ** 43.19.794, and ***section 614 of this act are hereby transferred to the department of enterprise services.
(2)(a) All reports, documents, surveys, books, records, files, papers, or written material in the possession of the department of information services pertaining to the powers, duties, and functions transferred shall be delivered to the custody of the department of enterprise services. All cabinets, furniture, office equipment, motor vehicles, and other tangible property employed by the department of information services in carrying out the powers, duties, and functions transferred shall be made available to the department of enterprise services. All funds, credits, or other assets held by the department of information services in connection with the powers, duties, and functions transferred shall be assigned to the department of enterprise services.
(b) Any appropriations made to the department of information services for carrying out the powers, functions, and duties transferred shall, on October 1, 2011, be transferred and credited to the department of enterprise services.
(c) If any question arises as to the transfer of any personnel, funds, books, documents, records, papers, files, equipment, or other tangible property used or held in the exercise of the powers and the performance of the duties and functions transferred, the director of financial management shall make a determination as to the proper allocation and certify the same to the state agencies concerned.
(3) All rules and all pending business before the department of information services pertaining to the powers, duties, and functions transferred shall be continued and acted upon by the department of enterprise services. All existing contracts and obligations shall remain in full force and shall be performed by the department of enterprise services.
(4) The transfer of the powers, duties, functions, and personnel of the department of information services shall not affect the validity of any act performed before October 1, 2011.
(5) If apportionments of budgeted funds are required because of the transfers directed by this section, the director of financial management shall certify the apportionments to the agencies affected, the state auditor, and the state treasurer. Each of these shall make the appropriate transfer and adjustments in funds and appropriation accounts and equipment records in accordance with the certification.
(6) All employees of the department of information services engaged in performing the powers, functions, and duties transferred to the department of enterprise services, are transferred to the department of enterprise services. All employees classified under chapter 41.06 RCW, the state civil service law, are assigned to the department of enterprise services to perform their usual duties upon the same terms as formerly, without any loss of rights, subject to any action that may be appropriate thereafter in accordance with the laws and rules governing state civil service law.
(7) Unless or until modified by the public employment relations commission pursuant to RCW 41.80.911:
(a) The portions of the bargaining units of employees at the department of information services existing on October 1, 2011, shall be considered appropriate units at the department of enterprise services and will be so certified by the public employment relations commission.
(b) The exclusive bargaining representatives recognized as representing the portions of the bargaining units of employees at the department of information services existing on October 1, 2011, shall continue as the exclusive bargaining representative of the transferred bargaining units without the necessity of an election.
[ 2011 1st sp.s. c 43 s 1004.]
Notes:
Reviser's note: *(1) RCW 43.19.791 was repealed by 2015 3rd sp.s. c 1 s 506.
**(2) RCW 43.19.794 was repealed by 2019 c 132 s 8.
***(3) The reference to section 614 of this act appears to be erroneous. Section 734 of this act, recodified as RCW 43.19.797, was apparently intended. RCW 43.19.797 was subsequently recodified as RCW 39.26.235 pursuant to 2012 c 224 s 28, effective January 1, 2013.
Effective date—Purpose—2011 1st sp.s. c 43: See notes following RCW 43.19.003.

catchline: Transfer of certain powers, duties, functions, and assets of the department of information services.


title: RCW 43.19.903

text:
(1) Those powers, duties, and functions of the department of personnel being transferred to the department of enterprise services as set forth in Part IV, chapter 43, Laws of 2011 1st sp. sess. are hereby transferred to the department of enterprise services.
(2)(a) All reports, documents, surveys, books, records, files, papers, or written material in the possession of the department of personnel pertaining to the powers, duties, and functions transferred shall be delivered to the custody of the department of enterprise services. All cabinets, furniture, office equipment, motor vehicles, and other tangible property employed by the department of personnel in carrying out the powers, duties, and functions transferred shall be made available to the department of enterprise services. All funds, credits, or other assets held by the department of personnel in connection with the powers, duties, and functions transferred shall be assigned to the department of enterprise services.
(b) Any appropriations made to the department of personnel for carrying out the powers, functions, and duties transferred shall, on October 1, 2011, be transferred and credited to the department of enterprise services.
(c) If any question arises as to the transfer of any personnel, funds, books, documents, records, papers, files, equipment, or other tangible property used or held in the exercise of the powers and the performance of the duties and functions transferred, the director of financial management shall make a determination as to the proper allocation and certify the same to the state agencies concerned.
(3) All rules and all pending business before the department of personnel pertaining to the powers, duties, and functions transferred shall be continued and acted upon by the department of enterprise services. All existing contracts and obligations shall remain in full force and shall be performed by the department of enterprise services.
(4) The transfer of the powers, duties, functions, and personnel of the department of personnel shall not affect the validity of any act performed before October 1, 2011.
(5) If apportionments of budgeted funds are required because of the transfers directed by this section, the director of financial management shall certify the apportionments to the agencies affected, the state auditor, and the state treasurer. Each of these shall make the appropriate transfer and adjustments in funds and appropriation accounts and equipment records in accordance with the certification.
(6) All employees of the department of personnel engaged in performing the powers, functions, and duties transferred to the department of enterprise services, are transferred to the department of enterprise services. All employees classified under chapter 41.06 RCW, the state civil service law, are assigned to the department of enterprise services to perform their usual duties upon the same terms as formerly, without any loss of rights, subject to any action that may be appropriate thereafter in accordance with the laws and rules governing state civil service law.
[ 2011 1st sp.s. c 43 s 1005.]
Notes:
Effective date—Purpose—2011 1st sp.s. c 43: See notes following RCW 43.19.003.

catchline: Transfer of certain powers, duties, functions, and assets of the department of personnel.


title: RCW 43.19.904

text:
(1) The powers, duties, and functions of the office of financial management as set forth in Part V, chapter 43, Laws of 2011 1st sp. sess. are hereby transferred to the department of enterprise services.
(2)(a) All reports, documents, surveys, books, records, files, papers, or written material in the possession of the office of financial management pertaining to the powers, duties, and functions transferred shall be delivered to the custody of the department of enterprise services. All cabinets, furniture, office equipment, motor vehicles, and other tangible property employed by the office of financial management in carrying out the powers, duties, and functions transferred shall be made available to the department of enterprise services. All funds, credits, or other assets held by the office of financial management in connection with the powers, duties, and functions transferred shall be assigned to the department of enterprise services.
(b) Any appropriations made to the office of financial management for carrying out the powers, functions, and duties transferred shall, on October 1, 2011, be transferred and credited to the department of enterprise services.
(c) If any question arises as to the transfer of any personnel, funds, books, documents, records, papers, files, equipment, or other tangible property used or held in the exercise of the powers and the performance of the duties and functions transferred, the director of financial management shall make a determination as to the proper allocation and certify the same to the state agencies concerned.
(3) All rules and all pending business before the office of financial management pertaining to the powers, duties, and functions transferred shall be continued and acted upon by the department of enterprise services. All existing contracts and obligations shall remain in full force and shall be performed by the department of enterprise services.
(4) The transfer of the powers, duties, functions, and personnel of the office of financial management shall not affect the validity of any act performed before October 1, 2011.
(5) If apportionments of budgeted funds are required because of the transfers directed by this section, the director of financial management shall certify the apportionments to the agencies affected, the state auditor, and the state treasurer. Each of these shall make the appropriate transfer and adjustments in funds and appropriation accounts and equipment records in accordance with the certification.
(6) All employees of the office of financial management engaged in performing the powers, functions, and duties transferred to the department of enterprise services, are transferred to the department of enterprise services. All employees classified under chapter 41.06 RCW, the state civil service law, are assigned to department of enterprise services to perform their usual duties upon the same terms as formerly, without any loss of rights, subject to any action that may be appropriate thereafter in accordance with the laws and rules governing state civil service law.
[ 2011 1st sp.s. c 43 s 1007.]
Notes:
Effective date—Purpose—2011 1st sp.s. c 43: See notes following RCW 43.19.003.

catchline: Transfer of certain powers, duties, functions, and assets of the office of financial management.


title: RCW 43.190.010

text:
The legislature finds that in order to comply with the federal older Americans act and to effectively assist residents, patients, and clients of long-term care facilities in the assertion of their civil and human rights, a long-term care ombuds program should be instituted.
[ 2013 c 23 s 88; 1983 c 290 s 1.]

catchline: Findings.


title: RCW 43.190.020

text:
As used in this chapter, "long-term care facility" means any of the following:
(1) A facility which:
(a) Maintains and operates twenty-four hour skilled nursing services for the care and treatment of chronically ill or convalescent patients, including mental, emotional, or behavioral problems, intellectual disabilities, or alcoholism;
(b) Provides supportive, restorative, and preventive health services in conjunction with a socially oriented program to its residents, and which maintains and operates twenty-four hour services including board, room, personal care, and intermittent nursing care. "Long-term health care facility" includes nursing homes and nursing facilities, but does not include acute care hospital or other licensed facilities except for that distinct part of the hospital or facility which provides nursing facility services.
(2) Any family home, group care facility, or similar facility determined by the secretary, for twenty-four hour nonmedical care of persons in need of personal services, supervision, or assistance essential for sustaining the activities of daily living or for the protection of the individual.
(3) Any swing bed in an acute care facility.
[ 2010 c 94 s 13; 1995 1st sp.s. c 18 s 32; 1991 sp.s. c 8 s 3; 1983 c 290 s 2.]
Notes:
Purpose—2010 c 94: See note following RCW 44.04.280.
Conflict with federal requirements—Severability—Effective date—1995 1st sp.s. c 18: See notes following RCW 74.39A.030.
Effective date—1991 sp.s. c 8: See note following RCW 18.51.050.

catchline: "Long-term care facility" defined.


title: RCW 43.190.030

text:
There is created the office of the state long-term care ombuds. The department of commerce shall contract with a private nonprofit organization to provide long-term care ombuds services as specified under, and consistent with, the federal older Americans act as amended, federal mandates, the goals of the state, and the needs of its citizens. The department of commerce shall ensure that all program and staff support necessary to enable the ombuds to effectively protect the interests of residents, patients, and clients of all long-term care facilities is provided by the nonprofit organization that contracts to provide long-term care ombuds services. The department of commerce shall adopt rules to carry out this chapter and the long-term care ombuds provisions of the federal older Americans act, as amended, and applicable federal regulations. The long-term care ombuds program shall have the following powers and duties:
(1) To provide services for coordinating the activities of long-term care ombuds throughout the state;
(2) Carry out such other activities as the department of commerce deems appropriate;
(3) Establish procedures consistent with RCW 43.190.110 for appropriate access by long-term care ombuds to long-term care facilities and patients' records, including procedures to protect the confidentiality of the records and ensure that the identity of any complainant or resident will not be disclosed without the written consent of the complainant or resident, or upon court order;
(4) Establish a statewide uniform reporting system to collect and analyze data relating to complaints and conditions in long-term care facilities for the purpose of identifying and resolving significant problems, with provision for submission of such data to the department of social and health services and to the federal department of health and human services, or its successor agency, on a regular basis; and
(5) Establish procedures to assure that any files maintained by ombuds programs shall be disclosed only at the discretion of the ombuds having authority over the disposition of such files, except that the identity of any complainant or resident of a long-term care facility shall not be disclosed by such ombuds unless:
(a) Such complainant or resident, or the complainant's or resident's legal representative, consents in writing to such disclosure; or
(b) Such disclosure is required by court order.
[ 2013 c 23 s 89; 1997 c 194 s 1; 1995 c 399 s 105; 1988 c 119 s 2; 1983 c 290 s 3.]
Notes:
Effective date—1988 c 119 s 2: "Section 2 of this act shall take effect July 1, 1989." [ 1988 c 119 s 5.]
Legislative findings—1988 c 119: "The legislature recognizes that the state long-term care ombudsman [ombuds] program and the office of the state long-term care ombudsman [ombuds], located within the department of social and health services, have brought into serious question the ability of that office to serve as an effective mechanism on the state level for investigating and resolving complaints made by or on behalf of residents of long-term care facilities.
The legislature further finds it necessary to exercise its options under the federal older Americans act and identify an organization, outside of the department of social and health services and independent of any other state agency, to provide, through contract, long-term care ombudsman [ombuds] services." [ 1988 c 119 s 1.]
Survey—1988 c 119: "The committee on health care of the house of representatives shall conduct a survey and analysis of the appropriate placement outside of state government of the office of the state long-term care ombudsman [ombuds]. The survey shall ascertain how the contracted placement of the office will most effectively allow it to meet its responsibilities under chapter 43.190 RCW. A draft of the findings shall be submitted to the governor and the legislature before the first Friday in November 1988 and the final findings, conclusions, and recommendations shall be submitted in a report to the governor and the legislature no later than December 30, 1988.
The survey required shall include, but is not limited to, a complete assessment of how independently contracting the program outside state government will provide the office with an effective means for resolving complaints and building program accountability and integrity facilitating local involvement and contributing to long-term care policy development. The study shall also clearly identify and describe how this model for administering the duties and responsibilities of the ombudsman [ombuds] will affect the ability of the office to function as mandated under the federal older Americans act, and provide suggestions that will assist the office to coordinate information and assistance, to the fullest degree possible, with citizen groups, the general public, the nursing home industry, and local volunteer programs. The survey shall further specify the operational program details necessary for adopting the proposed independently contracted plan." [ 1988 c 119 s 3.]
Use of survey findings—1988 c 119: "The survey findings, together with any reports of legislative committees in response to such survey, shall be used by the department of community development in determining the best manner to contract for and provide long-term care ombudsman [ombuds] services." [ 1988 c 119 s 4.]

catchline: Office of state long-term care ombuds created—Powers and duties—Rules.


title: RCW 43.190.040

text:
(1) Any long-term care ombuds authorized by this chapter or a local governmental authority shall have training or experience or both in the following areas:
(a) Gerontology, long-term care, or other related social services programs.
(b) The legal system.
(c) Dispute or problem resolution techniques, including investigation, mediation, and negotiation.
(2) A long-term care ombuds shall not have been employed by or participated in the management of any long-term care facility within the past year.
(3) A long-term care ombuds shall not have been employed in a governmental position with direct involvement in the licensing, certification, or regulation of long-term care facilities within the past year.
(4) No long-term care ombuds or any member of his or her immediate family shall have, or have had within the past year, any significant ownership or investment interest in one or more long-term care facilities.
(5) A long-term care ombuds shall not be assigned to a long-term care facility in which a member of that ombuds's immediate family resides.
[ 2013 c 23 s 90; 2002 c 100 s 1; 1983 c 290 s 4.]

catchline: Long-term care ombuds.


title: RCW 43.190.050

text:
Every long-term care facility shall post in a conspicuous location a notice of the nursing home complaint toll-free number and the name, address, and phone number of the office of the appropriate long-term care ombuds and a brief description of the services provided by the office. The form of the notice shall be approved by the office and the organization responsible for maintaining the nursing home complaint toll-free number. This information shall also be distributed to the residents, family members, and legal guardians upon the resident's admission to the facility.
[ 2013 c 23 s 91; 1983 c 290 s 5.]

catchline: Posting of notice by long-term care facility—Distribution of information to residents.


title: RCW 43.190.060

text:
A long-term care ombuds shall:
(1) Identify, investigate, and resolve complaints made by or on behalf of residents of long-term care facilities relating to administrative action, inaction, or decisions which may adversely affect the health, safety, welfare, and rights of these individuals;
(2) Monitor the development and implementation of federal, state, and local laws, rules, regulations, and policies with respect to long-term care facilities in this state;
(3) Provide information as appropriate to residents, resident representatives, and others regarding the rights of residents, and to public agencies regarding the problems of individuals residing in long-term care facilities; and
(4) Provide for training volunteers and promoting the development of citizen organizations to participate in the ombuds program. A trained volunteer long-term care ombuds, in accordance with the policies and procedures established by the state long-term care ombuds program, shall inform residents, their representatives, and others about the rights of residents, and may identify, investigate, and resolve complaints made by or on behalf of residents of long-term care facilities relating to action, inaction, or decisions, that may adversely affect the health, safety, welfare, and rights of these individuals.
Nothing in chapter 133, Laws of 1999 shall be construed to empower the state long-term care ombuds or any local long-term care ombuds with statutory or regulatory licensing or sanctioning authority.
[ 2013 c 23 s 92; 1999 c 133 s 1; 1995 1st sp.s. c 18 s 33; 1987 c 158 s 3; 1983 c 290 s 6.]
Notes:
Severability—1999 c 133: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [ 1999 c 133 s 3.]
Effective date—1999 c 133: "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 28, 1999]." [ 1999 c 133 s 4.]
Conflict with federal requirements—Severability—Effective date—1995 1st sp.s. c 18: See notes following RCW 74.39A.030.
Definitions: See RCW 74.39.007.

catchline: Duties of ombuds.


title: RCW 43.190.065

text:
A local long-term care ombuds, including a trained volunteer long-term care ombuds, shall have the duties and authority set forth in the federal older Americans act (42 U.S.C. Sec. 3058 et seq.) for local ombuds. The state long-term care ombuds and representatives of the office of the state long-term care ombuds, shall have the duties and authority set forth in the federal older Americans act for the state long-term care ombuds and representatives of the office of the state long-term care ombuds.
[ 2013 c 23 s 93; 1999 c 133 s 2.]
Notes:
Severability—Effective date—1999 c 133: See notes following RCW 43.190.060.

catchline: Local and state long-term care ombuds—Duties and authority in federal older Americans act.


title: RCW 43.190.070

text:
(1) The office of the state long-term care ombuds shall develop referral procedures for all long-term care ombuds programs to refer any complaint to any appropriate state or local government agency. The department of social and health services shall act as quickly as possible on any complaint referred to them by a long-term care ombuds.
(2) The department of social and health services shall respond to any complaint against a long-term care facility which was referred to it by a long-term care ombuds and shall forward to that ombuds a summary of the results of the investigation and action proposed or taken.
[ 2013 c 23 s 94; 1983 c 290 s 7.]

catchline: Referral procedures—Action on complaints.


title: RCW 43.190.080

text:
(1) The office of the state long-term care ombuds shall develop procedures governing the right of entry of all long-term care ombuds to long-term care facilities and shall have access to residents with provisions made for privacy for the purpose of hearing, investigating, and resolving complaints of, and rendering advice to, individuals who are patients or residents of the facilities at any time deemed necessary and reasonable by the state ombuds to effectively carry out the provisions of this chapter.
(2) Nothing in this chapter restricts, limits, or increases any existing right of any organizations or individuals not described in subsection (1) of this section to enter or provide assistance to patients or residents of long-term care facilities.
(3) Nothing in this chapter restricts any right or privilege of any patient or resident of a long-term care facility to receive visitors of his or her choice.
[ 2013 c 23 s 95; 1983 c 290 s 8.]

catchline: Development of procedures on right of entry to facilities—Access to residents—Preservation of rights.


title: RCW 43.190.090

text:
(1) No long-term care ombuds is liable for good faith performance of responsibilities under this chapter.
(2) No discriminatory, disciplinary, or retaliatory action may be taken against any employee of a facility or agency, any patient, resident, or client of a long-term care facility, or any volunteer, for any communication made, or information given or disclosed, to aid the long-term care ombuds in carrying out its duties and responsibilities, unless the same was done maliciously or without good faith. This subsection is not intended to infringe on the rights of the employer to supervise, discipline, or terminate an employee for other reasons.
(3) All communications by a long-term care ombuds, if reasonably related to the requirements of that individual's responsibilities under this chapter and done in good faith, are privileged and that privilege shall serve as a defense to any action in libel or slander.
(4) A representative of the office is exempt from being required to testify in court as to any confidential matters except as the court may deem necessary to enforce this chapter.
[ 2013 c 23 s 96; 1983 c 290 s 9.]

catchline: Liability of ombuds—Discriminatory, disciplinary, or retaliatory actions—Communications privileged—Testimony.


title: RCW 43.190.110

text:
All records and files of long-term care ombuds relating to any complaint or investigation made pursuant to carrying out their duties and the identities of complainants, witnesses, patients, or residents shall remain confidential unless disclosure is authorized by the patient or resident or his or her guardian or legal representative. No disclosures may be made outside the office without the consent of any named witnesses, resident, patient, client, or complainant unless the disclosure is made without the identity of any of these individuals being disclosed.
[ 2013 c 23 s 97; 1983 c 290 s 11.]

catchline: Confidentiality of records and files—Disclosures prohibited—Exception.


title: RCW 43.190.120

text:
It is the intent that federal requirements be complied with and the department annually expend at least one percent of the state's allotment of social services funds from Title III B of the older Americans act of 1965, as it exists as of July 24, 1983, or twenty thousand dollars, whichever is greater to establish the state long-term care ombuds program established by this chapter if funds are appropriated by the legislature.
[ 2013 c 23 s 98; 1983 c 290 s 12.]

catchline: Expenditure of funds on long-term care ombuds program.


title: RCW 43.19A.005

text:
It is the purpose of this chapter to:
(1) Substantially increase the procurement of recycled content products by all local and state governmental agencies and public schools, and provide a model to encourage a comparable commitment by Washington state citizens and businesses in their purchasing practices;
(2) Target government procurement policies and goals toward those recycled products for which there are significant market development needs or that may substantially contribute to solutions to the state's waste management problem;
(3) Provide standards for recycled products for use in procurement programs by all governmental agencies;
(4) Provide the authority for all governmental agencies to adopt preferential purchasing policies for recycled products;
(5) Direct state agencies to develop strategies to increase recycled product purchases, and to provide specific goals for procurement of recycled paper products and organic recovered materials; and
(6) Provide guidance and direction for local governments and other public agencies to develop plans for increasing the procurement of recycled content products.
[ 1991 c 297 s 1.]

catchline: Purpose.


title: RCW 43.19A.010

text:
Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.
(1) "Biosolids" means municipal sewage sludge or septic tank septage sludge that meets the requirements of chapter 70A.226 RCW.
(2) "Compost products" means mulch, soil amendments, ground cover, or other landscaping material derived from the biological or mechanical conversion of biosolids or cellulose-containing waste materials.
(3) "Department" means the department of enterprise services.
(4) "Director" means the director of the department of enterprise services.
(5) "Local government" means a city, town, county, special purpose district, school district, or other municipal corporation.
(6) "Lubricating oil" means petroleum-based oils for reducing friction in engine parts and other mechanical parts.
(7) "Mixed waste paper" means assorted low-value grades of paper that have not been separated into individual grades of paper at the point of collection.
(8) "Municipal sewage sludge" means a semisolid substance consisting of settled sewage solids combined with varying amounts of water and dissolved materials generated from a publicly owned wastewater treatment plant.
(9) "Paper and paper products" means all items manufactured from paper or paperboard.
(10) "Postconsumer waste" means a material or product that has served its intended use and has been discarded for disposal or recovery by a final consumer.
(11) "Procurement officer" means the person that has the primary responsibility for procurement of materials or products.
(12) "Recycled content product" or "recycled product" means a product containing recycled materials.
(13) "Recycled materials" means waste materials and by-products that have been recovered or diverted from solid waste and that can be utilized in place of a raw or virgin material in manufacturing a product and consists of materials derived from postconsumer waste, manufacturing waste, industrial scrap, agricultural wastes, and other items, all of which can be used in the manufacture of new or recycled products.
(14) "Re-refined oils" means used lubricating oils from which the physical and chemical contaminants acquired through previous use have been removed through a refining process. Re-refining may include distillation, hydrotreating, or treatments employing acid, caustic, solvent, clay, or other chemicals, or other physical treatments other than those used in reclaiming.
(15) "State agency" means all units of state government, including divisions of the governor's office, the legislature, the judiciary, state agencies and departments, correctional institutions, vocational technical institutions, and universities and colleges.
(16) "USEPA product standards" means the product standards of the United States environmental protection agency for recycled content published in the Code of Federal Regulations.
[ 2021 c 65 s 36. Prior: 2011 1st sp.s. c 43 s 250; 1992 c 174 s 12; 1991 c 297 s 2.]
Notes:
Explanatory statement—2021 c 65: See note following RCW 53.54.030.
Effective date—Purpose—2011 1st sp.s. c 43: See notes following RCW 43.19.003.

catchline: Definitions.


title: RCW 43.19A.020

text:
(1) The federal product standards, adopted under 42 U.S.C. Sec. 6962(e) as it exists on July 1, 2001, are adopted as the minimum standards for the state of Washington. These standards shall be implemented for at least the products listed in this subsection, unless the director finds that a different standard would significantly increase recycled product availability or competition.
(a) Organic recovered materials;
(b) Latex paint products;
(c) Products for lower value uses containing recycled plastics;
(d) Retread and remanufactured tires;
(e) Lubricating oils;
(f) Automotive batteries;
(g) Building products and materials;
(h) Panelboard; and
(i) Compost products.
(2) By July 1, 2001, the director shall adopt product standards for strawboard manufactured using as an ingredient straw that is produced as a by-product in the production of cereal grain or turf or grass seed and product standards for products made from strawboard.
(3) The standards required by this section shall be applied to recycled product purchasing by the department, other state agencies, and state postsecondary educational institutions. The standards may be adopted or applied by any other local government in product procurement. The standards shall provide for exceptions under appropriate circumstances to allow purchases of recycled products that do not meet the minimum content requirements of the standards.
[ 2009 c 356 s 3; 2001 c 77 s 1; 1996 c 198 s 1; 1995 c 269 s 1406; 1991 c 297 s 3.]
Notes:
Effective date—2001 c 77: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect July 1, 2001." [ 2001 c 77 s 2.]
Effective date—Part headings not law—Severability—1995 c 269: See notes following RCW 18.16.050.

catchline: Recycled product purchasing—Federal product standards.


title: RCW 43.19A.022

text:
(1) All state agencies shall purchase one hundred percent recycled content white cut sheet bond paper used in office printers and copiers. State agencies are encouraged to give priority to purchasing from companies that produce paper in facilities that generate energy from a renewable energy source.
(2) State agencies that utilize office printers and copiers that, after reasonable attempts, cannot be calibrated to utilize such paper referenced in subsection (1) of this section, must for those models of equipment:
(a) Purchase paper at the highest recycled content that can be utilized efficiently by the copier or printer;
(b) At the time of lease renewal or at the end of the life cycle, either lease or purchase a model that will efficiently utilize one hundred percent recycled content white cut sheet bond paper.
(3) Printed projects that require the use of high volume production inserters or high-speed digital devices, such as those used by the department of enterprise services, are not required to meet the one hundred percent recycled content white cut sheet bond paper standard, but must utilize the highest recycled content that can be utilized efficiently by such equipment and not impede the business of agencies.
(4) The department of enterprise services shall identify for use by agencies one hundred percent recycled paper products that process efficiently through high-speed production equipment and do not impede the business of agencies.
[ 2015 c 225 s 71; 2011 1st sp.s. c 43 s 251; 2009 c 356 s 2.]
Notes:
Effective date—Purpose—2011 1st sp.s. c 43: See notes following RCW 43.19.003.

catchline: Recycled content paper for printers and copiers—Purchasing priority.


title: RCW 43.19A.030

text:
(1) By January 1, 1993, each local government shall review its existing procurement policies and specifications to determine whether recycled products are intentionally or unintentionally excluded. The policies and specifications shall be revised to include such products unless a recycled content product does not meet an established performance standard of the agency.
(2) By fiscal year 1994, each local government shall adopt a minimum purchasing goal for recycled content as a percentage of the total dollar value of supplies purchased. To assist in achieving this goal each local government shall adopt a strategy by January 1, 1993, and shall submit a description of the strategy to the department. All public agencies shall respond to requests for information from the department for the purpose of its reporting requirements under this section.
(3) Each local government shall designate a procurement officer who shall serve as the primary contact with the department for compliance with the requirements of this chapter.
(4) This section shall apply only to local governments with expenditures for supplies exceeding five hundred thousand dollars for fiscal year 1989. Expenditures for capital goods and for electricity, water, or gas for resale shall not be considered a supply expenditure.
[ 1998 c 245 s 57; 1991 c 297 s 4.]

catchline: Local government duties.


title: RCW 43.19A.040

text:
(1) Each local government shall consider the adoption of policies, rules, or ordinances to provide for the preferential purchase of recycled content products. Any local government may adopt the preferential purchasing policy of the department of enterprise services, or portions of such policy, or another policy that provides a preference for recycled content products.
(2) The department of enterprise services shall prepare one or more model recycled content preferential purchase policies suitable for adoption by local governments. The model policy shall be widely distributed and provided through the technical assistance and workshops under RCW 43.19A.070.
(3) A local government that is not subject to the purchasing authority of the department of enterprise services, and that adopts the preferential purchase policy or rules of the department, shall not be limited by the percentage price preference included in such policy or rules.
[ 2015 c 225 s 72; 1991 c 297 s 6.]
Notes:

catchline: Local government adoption of preferential purchase policy optional.


title: RCW 43.19A.050

text:
The department shall prepare a strategy to increase purchases of recycled-content products by the department and all state agencies, including higher education institutions. The strategy shall include purchases from public works contracts. The strategy shall address the purchase of plastic products, retread and remanufactured tires, motor vehicle lubricants, latex paint, and lead acid batteries having recycled content. In addition, the strategy shall incorporate actions to achieve the following purchase level goals of compost products:
Compost products as a percentage of the total dollar amount on an annual basis:
(1) At least forty percent by 1996;
(2) At least sixty percent by 1997;
(3) At least eighty percent by 1998.
[ 2009 c 356 s 4; 1996 c 198 s 2; 1991 c 297 s 7.]

catchline: Strategy for state agency procurement.