title: RCW 43.30.640

text:
The owner of each mine shall make a map of the surface of the property. The owner of each active mine shall make a map of the underground workings. All maps shall be filed with the department. The department shall establish by rule the scale and contents required for the maps.
[ 2003 c 334 s 102; 1985 c 459 s 8. Formerly RCW 43.12.035.]
Notes:
Intent—2003 c 334: See note following RCW 79.02.010.
Severability—1985 c 459: See note following RCW 79.14.510.

catchline: Mine owners—Maps of property surface and underground workings—Filing.


doc_type: statute

jurisdiction: wa

title: RCW 43.30.650

text:
The department may receive on behalf of the state, for the benefit of mining and mineral development, gifts, bequests, devises, and legacies of real or personal property and use them in accordance with the wishes of the donors and manage, use, and dispose of them for the best interests of mining and mineral development.
[ 2003 c 334 s 110; 1988 c 127 s 5; 1965 c 8 s 43.21.080. Prior: 1935 c 142 s 3; RRS s 8614-3. Formerly RCW 43.30.141, 43.21.080.]
Notes:
Intent—2003 c 334: See note following RCW 79.02.010.

license: public-domain-government-work

rule_set: Revised Code of Washington

catchline: Gifts and bequests relating to mining.

code: rcw

unit: section

court: Washington State Legislature


title: RCW 43.30.660

text:
The department may, from time to time, prepare special collections of ores and minerals representative of the mineral industry of the state to be displayed or used at any world fair, exposition, mining congress, or state exhibition, in order to promote information relating to the mineral wealth of the state.
[ 2003 c 334 s 111; 1988 c 127 s 6; 1965 c 8 s 43.21.090. Prior: 1935 c 142 s 4; RRS s 8614-4. Formerly RCW 43.30.145, 43.21.090.]
Notes:
Intent—2003 c 334: See note following RCW 79.02.010.

catchline: Collection of minerals for exhibition.


title: RCW 43.30.700

text:
(1) The department may:
(a) Inquire into the production, quality, and quantity of second growth timber to ascertain conditions for reforestation; and
(b) Publish information pertaining to forestry and forest products which it considers of benefit to the people of the state.
(2) The department shall:
(a) Collect information through investigation by its employees, on forestlands owned by the state, including:
(i) Condition of the lands;
(ii) Forest fire damage;
(iii) Illegal cutting, trespassing, or thefts; and
(iv) The number of acres and the value of the timber that is cut and removed each year, to determine which state lands are valuable chiefly for growing timber;
(b) Prepare maps of each timbered county showing state land therein; and
(c) Protect forested public land, as defined in RCW 79.02.010, as much as is practical and feasible from fire, trespass, theft, and the illegal cutting of timber.
(3) When the department considers it to be in the best interest of the state, it may cooperate with any agency of another state, the United States or any agency thereof, the Dominion of Canada or any agency or province thereof, and any county, town, corporation, individual, or Indian tribe within the state of Washington in:
(a) Forest surveys;
(b) Forest studies;
(c) Forest products studies; and
(d) Preparation of plans for the protection, management, and replacement of trees, wood lots, and timber tracts.
[ 2004 c 199 s 101; 1986 c 100 s 50. Formerly RCW 43.30.135.]
Notes:
Part headings not law—2004 c 199: See note following RCW 79.02.010.
Study—1989 c 424: "The department of natural resources shall conduct a study of state-owned hardwood forests. The study shall include, but is not limited to: A comprehensive inventory of state-owned hardwood forests and a qualitative assessment of those stands, research into reforestation of hardwoods on state lands, and an analysis of management policies for increasing the supply of commercially harvestable hardwoods on state lands." [ 1989 c 424 s 5.]
Report to legislature—1989 c 424: "If by October 1, 1989, the United States congress makes an appropriation to the United States forest service for a Washington state forest inventory and timber supply study, the department of natural resources shall conduct an inventory and prepare a report on the timber supply in Washington state. The report shall identify the quantity of timber present now and the quantity of timber that may be available from forestlands in the future using various assumptions of landowner management, including changes in the forestland base, amount of capital invested in timber management, and expected harvest age. This report shall categorize the results according to region of the state, land ownership, land productivity, and according to major timber species.
The report shall contain an estimate of the acreage and volume of old growth and other timber on lands restricted from commercial timber harvesting due to state or federal decisions, such as national parks, wilderness areas, national recreation areas, scenic river designations, natural areas, geologic areas, or other land allocations which restrict or limit timber harvesting activities. The department shall determine the definition of old growth for the purposes of this section.
State appropriations for these purposes in the 1989-91 budget may be expended if needed for project planning and design. The report shall be submitted to the appropriate committees of the senate and the house of representatives by June 1, 1991." [ 1989 c 424 s 8.]

catchline: Powers of department—Forested lands.


title: RCW 43.30.710

text:
The department is authorized to sell to or exchange with persons intending to restock forest areas, tree seedling stock and tree seed produced at the state nursery.
The department may provide at cost, stock or seed to local governments or nonprofit organizations for urban tree planting programs consistent with the *community and urban forestry program.
[ 1993 c 204 s 7; 1988 c 128 s 35; 1947 c 67 s 1; Rem. Supp. 1947 s 5823-40. Formerly RCW 76.12.160.]
Notes:
*Reviser's note: Chapter 209, Laws of 2021 changed the name of the program in chapter 76.15 RCW from "community and urban forestry" to "urban forest management plan."
Findings—1993 c 204: See note following RCW 35.92.390.

catchline: Sale or exchange of tree seedling stock and tree seed—Provision of stock or seed to local governments or nonprofit organizations.


title: RCW 43.30.720

text:
All receipts from the sale of stock or seed shall be deposited in a state forest nursery revolving fund to be maintained by the department, which is hereby authorized to use all money in said fund for the maintenance of the state tree nursery or the planting of denuded state owned lands.
During the 2011-2013 fiscal biennium, the legislature may transfer from the state forest nursery revolving fund to the state general fund such amounts as reflect the excess fund balance of the fund.
[ 2012 2nd sp.s. c 7 s 918; 2003 1st sp.s. c 25 s 938; 1988 c 128 s 36; 1947 c 67 s 2; RRS s 5823-41. Formerly RCW 76.12.170.]
Notes:
Effective date—2012 2nd sp.s. c 7: See note following RCW 2.68.020.
Severability—Effective date—2003 1st sp.s. c 25: See notes following RCW 19.28.351.

catchline: Use of proceeds specified.


title: RCW 43.30.800

text:
The legislature finds that conflicts over the use of natural resources essential to the state's residents, especially forest and ocean resources, have increased dramatically. There are growing demands that these resources be fully utilized for their commodity values, while simultaneously there are increased demands for protection and preservation of these same resources. While these competing demands are most often viewed as mutually exclusive, recent research has suggested that commodity production and ecological values can be integrated. It is the intent of the legislature to foster and support the research and education necessary to provide sound scientific information on which to base sustainable forest and marine industries, and at the same time sustain the ecological values demanded by much of the public.
[ 1991 c 316 s 1. Formerly RCW 76.12.205.]
Notes:
Severability—1991 c 316: "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." [ 1991 c 316 s 6.]

catchline: Olympic natural resources center—Finding, intent.


title: RCW 43.30.810

text:
(1) The Olympic natural resources center is hereby created at the University of Washington in the school of environmental and forest sciences and the school of aquatic and fishery sciences.
(2) The Olympic natural resources center shall maintain facilities and programs in the western portion of the Olympic Peninsula. The purpose of the center is to demonstrate innovative management methods which successfully integrate environmental, energy, marine, and economic interests into pragmatic management of forest and ocean resources. The center shall combine research and educational opportunities with experimental forestry, oceans management, and traditional management knowledge into an overall program which demonstrates that management based on sound economic principles is made superior when combined with new methods of management based on ecological principles. The programs developed by the center shall include the following:
(a) Research and education on a broad range of ocean resources problems and opportunities in the region, such as estuarine processes, ocean and coastal management, renewable energy production, offshore development, fisheries and shellfish enhancement, and coastal business development, tourism, and recreation. In developing this component of the center's program, the center shall collaborate with coastal educational institutions such as Grays Harbor community college and Peninsula community college;
(b) Research and education on forest resources management issues on the landscape, ecosystem, or regional level, including issues that cross legal and administrative boundaries;
(c) Research and education that broadly integrates marine and terrestrial issues, including interactions of marine, aquatic, and terrestrial ecosystems, and that identifies options and opportunities to integrate the production of commodities with the preservation of ecological values. Where appropriate, programs shall address issues and opportunities that cross legal and administrative boundaries;
(d) Research and education on natural resources and their social and economic implications, and on alternative economic and social bases for sustainable, healthy, resource-based communities;
(e) Educational opportunities such as workshops, short courses, and continuing education for resource professionals, policy forums, information exchanges including international exchanges where appropriate, conferences, student research, and public education; and
(f) Creation of a neutral forum where parties with diverse interests are encouraged to address and resolve their conflicts.
[ 2012 c 243 s 2; 1991 c 316 s 2; 1989 c 424 s 4. Formerly RCW 76.12.210.]
Notes:
Severability—1991 c 316: See note following RCW 43.30.800.
Effective date—1989 c 424: "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, 1989." [ 1989 c 424 s 13.]

catchline: Olympic natural resources center—Purpose, programs.


title: RCW 43.30.820

text:
(1) The Olympic natural resources center shall operate under the authority of the board of regents of the University of Washington. It shall be administered by a director appointed jointly by the directors of the school of environmental and forest sciences and the school of aquatic and fishery sciences. The director of the center shall be a member of the faculty of one of those schools. The director of the center shall appoint and maintain a scientific or technical committee, and other committees as necessary, to advise the director on the efficiency, effectiveness, and quality of the center's activities.
(2) The governor must appoint a policy advisory board consisting of eleven members, who serve at the pleasure of the governor, to advise the directors of the school of environmental and forest sciences, the school of aquatic and fishery sciences, and the Olympic natural resources center on policies for the center that are consistent with its purposes. Membership on the policy advisory board must broadly represent the various interests concerned with the purposes of the center, including the Washington state department of natural resources and state and federal government, environmental, local community, timber industry, and tribal interests. Policy advisory board members shall serve four-year terms and are eligible for reappointment.
(3) Service on boards and committees of the Olympic natural resources center is without compensation but actual travel expenses incurred in connection with service to the center may be reimbursed from appropriated funds in accordance with RCW 43.03.050 and 43.03.060.
[ 2012 c 243 s 1; 2010 1st sp.s. c 7 s 74; 1991 c 316 s 3. Formerly RCW 76.12.220.]
Notes:
Effective date—2010 1st sp.s. c 26; 2010 1st sp.s. c 7: See note following RCW 43.03.027.
Severability—1991 c 316: See note following RCW 43.30.800.

catchline: Olympic natural resources center—Administration—Policy advisory board.


title: RCW 43.30.830

text:
The center may solicit gifts, grants, conveyances, bequests, and devises, whether real or personal property, or both, in trust or otherwise, to be directed to the center for carrying out the purposes of the center. The center may solicit contracts for work, financial and in-kind contributions, and support from private industries, interest groups, federal and state sources, and other sources. It may also use separately appropriated funds of the University of Washington for the center's activities.
[ 1991 c 316 s 4. Formerly RCW 76.12.230.]
Notes:
Severability—1991 c 316: See note following RCW 43.30.800.

catchline: Olympic natural resources center—Funding—Contracts.


title: RCW 43.30.835

text:
(1) The department may develop and implement forest biomass energy demonstration projects, one east of the crest of the Cascade mountains and one west of the crest of the Cascade mountains. The demonstration projects must be designed to:
(a) Reveal the utility of Washington's public and private forest biomass feedstock;
(b) Create green jobs and generate renewable energy;
(c) Generate revenues or improve asset values for beneficiaries of state lands and state forestlands;
(d) Improve forest health, reduce pollution, and restore ecological function; and
(e) Avoid interfering with the current working area for forest biomass collection surrounding an existing fixed location biomass energy production site.
(2) To develop and implement the forest biomass energy demonstration projects, the department may form forest biomass energy partnerships or cooperatives.
(3) The forest biomass energy partnerships or cooperatives are encouraged to be public-private partnerships focused on convening the entities necessary to grow, harvest, process, transport, and utilize forest biomass to generate renewable energy. Particular focus must be given to recruiting and employing emerging technologies that can locally process forest biomass feedstock to create local green jobs and reduce transportation costs.
(4) The forest biomass energy partnerships or cooperatives may include, but are not limited to: Entrepreneurs or organizations developing and operating emerging technology to process forest biomass; industrial electricity producers; contractors capable of providing the local labor needed to collect, process, and transport forest biomass feedstocks; tribes; federal land management agencies; county, city, and other local governments; the department of commerce; state trust land managers; an organization dedicated to protecting and strengthening the jobs, rights, and working conditions of Washington's working families; accredited research institution representatives; an industrial timberland manager; a small forestland owner; and a not-for-profit conservation organization.
[ 2023 c 470 s 2043; 2009 c 163 s 2.]
Notes:
Explanatory statement—2023 c 470: See note following RCW 10.99.030.
Findings—Intent—2009 c 163: "The legislature finds that forest biomass is an abundant and renewable by-product of Washington's forestland management. Forest biomass can be utilized to generate clean renewable energy.
In some Washington forests, residual forest biomass is burned on-site or left to decompose. The lack of forest products markets in some areas means that standing forest biomass removed for forest health and wildfire risk reduction treatments must occur at substantial cost. Utilizing forest biomass to generate energy can reduce the greenhouse gases emitted by burning forest biomass.
The legislature further finds that the emerging forest biomass energy economy is challenged by: Not having a reliable supply of predictably priced forest biomass feedstock; shipping and processing costs; insufficient forest biomass processing infrastructure; and feedstock demand.
The legislature finds that making use of the state's forest biomass resources for energy production may generate new revenues or increase asset values of state lands and state forestlands, protect forestland of all ownerships from severe forest health problems, stimulate Washington's economy, create green jobs, and reduce Washington's dependence on foreign oil.
It is the intent of the legislature to support forest biomass demonstration projects that employ promising processing technologies. The demonstration projects must emphasize public and private forest biomass feedstocks that are generated as by-products of current forest practices. The project must reveal ways to overcome the current impediments to the developing forest biomass energy economy, and ways to realize ecologically sustainable outcomes from that development." [ 2009 c 163 s 1.]

catchline: Forest biomass demonstration projects.


title: RCW 43.30.840

text:
For the purposes of implementing chapter 163, Law of 2009, the department may seek grants or financing from the federal government, industry, or philanthropists.
[ 2009 c 163 s 4.]
Notes:
Findings—Intent—2009 c 163: See note following RCW 43.30.835.

catchline: Grants or financing.


title: RCW 43.300.005

text:
Perpetuation of fish and wildlife in Washington requires clear, efficient, streamlined, scientific, management from a single state fish and wildlife agency. Such a consolidation will focus existing funds for the greatest protection of species and stocks. It will bring combined resources to bear on securing, managing, and enhancing habitats. It will simplify licensing, amplify research, increase field staff, avoid duplication, and magnify enforcement of laws and rules. It will provide all fishers, hunters, and observers of fish and wildlife with a single source of consistent policies, procedures, and access.
[ 1993 sp.s. c 2 s 1.]

catchline: Purpose.


title: RCW 43.300.010

text:
There is hereby created a department of state government to be known as the department of fish and wildlife. The department shall be vested with all powers and duties transferred to it under this chapter and such other powers and duties as may be authorized by law. All powers, duties, and functions of the department of fisheries and the department of wildlife are transferred to the department of fish and wildlife. All references in the Revised Code of Washington to the director or the department of fisheries or the director or department of wildlife shall be construed to mean the director or department of fish and wildlife.
[ 1993 sp.s. c 2 s 2.]

catchline: Department created—Transfer of powers, duties, and functions.


title: RCW 43.300.020

text:
As used in this chapter, unless the context indicates otherwise:
(1) "Department" means the department of fish and wildlife.
(2) "Director" means the director of fish and wildlife.
(3) "Commission" means the fish and wildlife commission.
[ 1993 sp.s. c 2 s 3.]

catchline: Definitions.


title: RCW 43.300.040

text:
In addition to other powers and duties granted or transferred to the director, the commission may delegate to the director any of the powers and duties vested in the commission.
[ 1996 c 267 s 33; 1993 sp.s. c 2 s 5.]
Notes:
Intent—Effective date—1996 c 267: See notes following RCW 77.12.177.

catchline: Director's duties.


title: RCW 43.300.050

text:
The director shall appoint such deputy directors, assistant directors, and up to seven special assistants as may be needed to administer the department. These employees are exempt from the provisions of chapter 41.06 RCW.
[ 1993 sp.s. c 2 s 6.]

catchline: Exempt positions.


title: RCW 43.300.060

text:
Enforcement action taken after July 23, 1995, by the director or the department shall be in accordance with RCW 43.05.100 and 43.05.110.
[ 1995 c 403 s 627.]
Notes:
Findings—Short title—Intent—1995 c 403: See note following RCW 34.05.328.

catchline: Enforcement in accordance with RCW 43.05.100 and 43.05.110.


title: RCW 43.300.070

text:
(1) The department of fish and wildlife may exchange the tidelands and shorelands it manages with private or public landowners if the exchange is in the public interest.
(2) As used in this section, an exchange of tidelands and shorelands is in the public interest if the exchange would provide significant fish and wildlife habitat or public access to the state's waterways.
[ 1997 c 209 s 3.]
Notes:
Finding—1997 c 209: "The legislature finds that the department of fish and wildlife manages a large amount of public land and that the department may have opportunities to improve the quality of its landholdings by participating in an exchange with private landowners or other public entities. The legislature declares that it is in the public interest to allow the department to exchange land with private landowners or with public entities if the exchange would provide significant fish and wildlife habitat or public access to the state's waterways." [ 1997 c 209 s 1.]
Effective date—1997 c 209: "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 25, 1997]." [ 1997 c 209 s 4.]

catchline: Exchange of tidelands with private or public landowners.


title: RCW 43.300.080

text:
(1) The department may enter into a written cost-reimbursement agreement with a permit applicant or project proponent to recover from the applicant or proponent the reasonable costs incurred by the department in carrying out the requirements of this chapter, as well as the requirements of other relevant laws, as they relate to permit coordination, environmental review, application review, technical studies, and permit processing.
(2) The cost-reimbursement agreement shall identify the tasks and costs for work to be conducted under the agreement. The agreement must include a schedule that states:
(a) The estimated number of weeks for initial review of the permit application;
(b) The estimated number of revision cycles;
(c) The estimated number of weeks for review of subsequent revision submittals;
(d) The estimated number of billable hours of employee time;
(e) The rate per hour; and
(f) A date for revision of the agreement if necessary.
(3) The written cost-reimbursement agreement shall be negotiated with the permit applicant or project proponent. Under the provisions of a cost-reimbursement agreement, funds from the applicant shall be used by the department to contract with an independent consultant to carry out the work covered by the cost-reimbursement agreement. The department may also use funds provided under a cost-reimbursement agreement to hire temporary employees, to assign current staff to review the work of the consultant, to provide necessary technical assistance when an independent consultant with comparable technical skills is unavailable, and to recover reasonable and necessary direct and indirect costs that arise from processing the permit. The department shall, in developing the agreement, ensure that final decisions that involve policy matters are made by the agency and not by the consultant. The department shall make an estimate of the number of permanent staff hours to process the permits, and shall contract with consultants or hire temporary employees to replace the time and functions committed by these permanent staff to the project. The billing process shall provide for accurate time and cost accounting and may include a billing cycle that provides for progress payments.
(4) The cost-reimbursement agreement must not negatively impact the processing of other permit applications. In order to maintain permit processing capacity, the agency may hire outside consultants, temporary employees, or make internal administrative changes. Consultants or temporary employees hired as part of a cost-reimbursement agreement or to maintain agency capacity are hired as agents of the state not of the permit applicant. The restrictions of chapter 42.52 RCW apply to any cost-reimbursement agreement, and to any person hired as a result of a cost-reimbursement agreement.
[ 2009 c 97 s 11; 2007 c 94 s 13; 2003 c 70 s 4; 2000 c 251 s 5.]
Notes:
Intent—Captions not law—Effective date—2000 c 251: See notes following RCW 43.21A.690.

catchline: Cost-reimbursement agreements.


title: RCW 43.300.090

text:
Actions under this chapter are subject to the notification requirements of RCW 43.17.400.
[ 2007 c 62 s 6.]
Notes:
Finding—Intent—Severability—2007 c 62: See notes following RCW 43.17.400.

catchline: Notification requirements.


title: RCW 43.300.100

text:
The department shall maintain a record of all civil or criminal investigations or enforcement actions in which the department is a participant that utilize georeferenced imagery or surveys produced pursuant to RCW 43.21A.530.
[ 2023 c 465 s 4.]
Notes:
Findings—2023 c 465: See note following RCW 43.21A.530.

catchline: Use of Puget Sound marine shoreline surveys in investigations and enforcement actions—Record.


title: RCW 43.300.900

text:
Sections 1 through 6, 8 through 59, and 61 through 79, chapter 2, Laws of 1993 sp. sess. shall take effect March 1, 1994.
[ 1994 c 6 s 4; 1993 sp.s. c 2 s 102.]

catchline: Effective date—1993 sp.s. c 2 ss 1-6, 8-59, and 61-79.


title: RCW 43.31.033

text:
(1) The department of commerce shall award grants for thermal energy network pilot projects.
(2) Subject to the availability of amounts appropriated for this specific purpose, the department of commerce must provide grant funding to any gas company developing a thermal energy network pilot project in accordance with this section.
(3) Grant funding from the appropriation authorized in this section for thermal energy network pilot projects is only available for gas companies as defined in RCW 80.04.010.
(4) A gas company may receive grant funding from the department of commerce to offset the costs necessary to build and operate the project. The grant amount for a pilot project may not exceed the difference between the gas company's lowest reasonable cost resources under its current business practices and the costs of building and operating the thermal energy network pilot project. The utilities and transportation commission must determine this cost difference and provide the dollar amount to the department of commerce for the purposes of making the grant.
(5) When determining whether to award a grant and the grant amount for a thermal energy network pilot project, the department of commerce must consider the information submitted by the gas company in compliance with RCW 80.28.460 (3) and (4) and any finding or conclusions of the utilities and transportation commission regarding the pilot project. The department of commerce may also allocate available funds to prioritize projects based on their cost-effectiveness and geographic diversity.
(6) Each gas company receiving a grant from the department of commerce for a thermal energy network pilot project must coordinate with other grant awardees, the utilities and transportation commission, the department of commerce, and consultants with expertise on successful thermal energy networks to ensure that the pilot projects are diverse and designed to inform the utilities and transportation commission's decisions in the proceeding on the various ownership, market, and rate structures for thermal energy networks.
[ 2024 c 348 s 4.]

catchline: Grants for thermal energy network pilot projects.


title: RCW 43.31.038

text:
(1) Subject to the availability of amounts appropriated for this specific purpose, a competitive geothermal exploration cost-share grant program is established in order to incentivize deep exploratory drilling to identify locations suitable for the development of geothermal energy.
(2) Grants may be awarded to offset the direct costs associated with the expense of conducting deep exploratory drilling for the purpose of identifying locations in Washington suitable for the development of geothermal energy.
(3) The department of commerce must consult with the Washington geological survey to develop a method and criteria for the allocation of grants, subject to the following:
(a) Proposed exploratory drilling projects should be located in areas of high geothermal potential not impacting federally reserved tribal rights and resources including, but not limited to, those protected by treaty, executive order, or federal law;
(b) Grant applicants should possess, or should demonstrate a partnership or other form of relationship with entities who possess, demonstrated expertise in successful geothermal exploration;
(c) Grant applicants should meet high labor standards, including family sustaining wages, providing benefits including health care and employer-contributed retirement plans, career development opportunities, and must maximize access to economic benefits from exploratory projects for local workers;
(d) Selection and implementation of exploratory drilling projects should align with equity and environmental justice principles as established in chapter 70A.02 RCW;
(e) Grant awards must be available to private, public, and federally recognized tribal applicants. Grant awards to private grant applicants should be for no more than one-half of the overall cost of the project and grant awards to public grant applicants should be for no more than two-thirds of the overall cost of the project;
(f) Grant applicants must demonstrate that they have, or that they will have by the time of the execution of a grant agreement, site control of the site that is the subject of the exploration effort, either through an ownership interest or through a lease agreement that provides access to the site and the right to drill to the proposed depth;
(g) The grant application must demonstrate the applicant's engagement efforts with the local community to provide information about the potential project;
(h) If any fluid is proposed to be injected as part of the exploratory drilling, the grant applicant must:
(i) Include an analysis of any potential for induced seismicity as a result of the injection, as well as a plan for the management of the risk of induced seismicity; and
(ii) Consult with the department of ecology and, if applicable, comply with underground injection control standards and groundwater antidegradation standards as directed in chapter 90.48 RCW;
(i) The award of grants will seek to broaden the state's knowledge of geothermal resources, with a preference given to high impact projects in favorable geologic settings that have been comparatively underexplored; and
(j) All results of any exploratory drilling performed with grant funds must be made publicly available and must be submitted to the Washington geological survey for inclusion in the database created pursuant to RCW 43.92.090.
(4) In the course of administering the geothermal exploration cost-share grant program, the department of commerce shall make a reasonable effort to utilize the United States department of energy recommendations and guidelines concerning enhanced geothermal demonstration projects in the western states.
[ 2024 c 350 s 3.]

catchline: Geothermal exploration cost-share grant program.


title: RCW 43.31.0925

text:
There is established within the department's *business assistance center the minority and women business development office. This office shall provide business-related assistance to minorities and women as well as serve as an outreach program to increase minority and women-owned businesses' awareness and use of existing business assistance services.
[ 1993 c 512 s 7.]
Notes:
*Reviser's note: The business assistance center and its powers and duties were terminated June 30, 1995. RCW 43.31.083, 43.31.085, 43.31.087, and 43.31.089 were repealed by 1993 c 280 s 81, effective June 30, 1996.

catchline: Business assistance center—Minority and women business development office.


title: RCW 43.31.125

text:
The director may establish such advisory groups as in the director's discretion are necessary to carry out the purposes of this chapter. Members of and vacancies in such advisory groups shall be filled by appointment by the director. Members shall receive reimbursement for travel expenses incurred in the performance of their duties in accordance with RCW 43.03.050 and 43.03.060.
[ 1985 c 466 s 16.]
Notes:
Effective date—1985 c 466: "This act is necessary for the immediate preservation of the public peace, health, and safety, the support of the state government and its existing public institutions, and shall take effect June 30, 1985." [ 1985 c 466 s 96.]
Severability—1985 c 466: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [ 1985 c 466 s 95.]
Headings—1985 c 466: "As used in this act, section headings constitute no part of the law." [ 1985 c 466 s 77.]
Transfer of assets—1985 c 466: "All reports, documents, surveys, books, records, files, papers, or written material in the possession of the department of commerce and economic development shall be delivered to the custody of the department of trade and economic development. All cabinets, furniture, office equipment, motor vehicles, and other tangible property employed by the department of commerce and economic development shall be made available to the department of trade and economic development. All funds, credits, or other assets held by the department of commerce and economic development shall be assigned to the department of trade and economic development.
Any appropriations made to the department of commerce and economic development shall, June 30, 1985, be transferred and credited to the department of trade and economic development.
Whenever 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." [ 1985 c 466 s 19.]
Transfer of employees—1985 c 466: "All classified employees of the department of commerce and economic development are transferred to the jurisdiction of the department of trade and economic development. All employees classified under chapter 41.06 RCW, the state civil service law, are assigned to the department of trade and economic development 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." [ 1985 c 466 s 20.]
Continuation of rules and business and existing contracts and obligations—1985 c 466: "All rules and all pending business before the department of commerce and economic development shall be continued and acted upon by the department of trade and economic development. All existing contracts and obligations shall remain in full force and shall be performed by the department of trade and economic development." [ 1985 c 466 s 21.]
Savings—1985 c 466: "The transfer of the powers, duties, functions, and personnel of the department of commerce and economic development shall not affect the validity of any act performed prior to June 30, 1985." [ 1985 c 466 s 22.]
Apportionment of funds—1985 c 466: "If apportionments of budgeted funds are required because of the transfers directed by sections 19 through 22, chapter 466, Laws of 1985, 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." [ 1985 c 466 s 23.]

catchline: Advisory groups.


title: RCW 43.31.205

text:
In an effort to enhance the economy of the Tri-Cities area, the department of commerce is directed to promote the existence of the lease between the state of Washington and the federal government executed September 10, 1964, covering one thousand acres of land lying within the Hanford reservation near Richland, Washington, and the opportunity of subleasing the land to entities for nuclear-related industry, in agreement with the terms of the lease. When promoting the existence of the lease, the department shall work in cooperation with any associate development organization located in or near the Tri-Cities area.
[ 2023 c 470 s 2044; 1993 c 280 s 41; 1992 c 228 s 2; 1990 c 281 s 2.]
Notes:
Explanatory statement—2023 c 470: See note following RCW 10.99.030.
Effective date—1993 c 280: See RCW 43.330.902.
Legislative findings—1992 c 228: "The legislature finds that the ninety-nine-year lease of one thousand acres of land by the state from the federal government requires that the state use any rent moneys from subleasing the land for the development of the leased land and nuclear-related industries in the Tri-Cities area. The legislature further finds that the new emphasis on waste cleanup at Hanford and the new technologies needed for environmental restoration warrant a renewed effort to promote development of the leased land and nuclear-related industries in the Tri-Cities area." [ 1992 c 228 s 1.]
Legislative findings—1990 c 281: "The legislature finds that the one thousand acres of land leased from the federal government to the state of Washington on the Hanford reservation constitutes an unmatched resource for development of high-technology industry, nuclear medicine research, and research into new waste immobilization and reduction techniques. The legislature further finds that continued diversification of the Tri-Cities economy will help stabilize and improve the Tri-Cities economy, and that this effort can be aided by emphasizing the resources of local expertise and nearby facilities." [ 1990 c 281 s 1.]

catchline: Hanford reservation—Promotion of sublease for nuclear-related industry.


title: RCW 43.31.215

text:
When the department implements programs intended to attract or maintain industrial or high-technology investments in the state, the department shall, to the extent possible, emphasize the following:
(1) The highly skilled and trained workforce in the Tri-Cities area;
(2) The world-class research facilities in the area, including the fast flux test facility and the Pacific Northwest laboratories;
(3) The existence of the one thousand acres leased by the state from the federal government for the purpose of nuclear-related industries; and
(4) The ability for high-technology and medical industries to safely dispose of low-level radioactive waste at the Hanford commercial low-level waste disposal facility.
[ 1990 c 281 s 3.]
Notes:
Legislative findings—1990 c 281: See note following RCW 43.31.205.

catchline: Hanford reservation—Tri-Cities area—Emphasize workforce and facilities.


title: RCW 43.31.422

text:
The Hanford area economic investment fund is established in the custody of the state treasurer. Moneys in the fund shall only be used for reasonable assistant attorney general costs in support of the committee or pursuant to the decisions of the committee created in RCW 43.31.425 for Hanford area revolving loan funds, Hanford area infrastructure projects, or other Hanford area economic development and diversification projects, but may not be used for government or nonprofit organization operating expenses. Up to five percent of moneys in the fund may be used for program administration. For the purpose of this chapter "Hanford area" means Benton and Franklin counties. The director of commerce or the director's designee shall authorize disbursements from the fund with the advice of the committee created in RCW 43.31.425. The fund is subject to the allotment procedures under chapter 43.88 RCW, but no appropriation is required for disbursements. The legislature intends to establish similar economic investment funds for areas that develop low-level radioactive waste disposal facilities.
[ 2011 1st sp.s. c 21 s 42; 2004 c 77 s 1; 1998 c 76 s 1; 1993 c 280 s 44; 1991 c 272 s 19.]
Notes:
Effective date—2011 1st sp.s. c 21: See note following RCW 72.23.025.
Effective date—1993 c 280: See RCW 43.330.902.
Effective dates—1991 c 272: See RCW 81.108.901.
Surcharge on waste generators: RCW 70A.384.110, 70A.384.120, and 70A.384.130.

catchline: Hanford area economic investment fund.


title: RCW 43.31.425

text:
The Hanford area economic investment fund advisory committee is hereby established to advise the director of the department of commerce.
(1) The committee shall have eleven members. The director of the department of commerce shall appoint the members, in consultation with Hanford area elected officials, subject to the following requirements:
(a) All members shall either reside or be employed within the Hanford area.
(b) The committee shall have a balanced membership representing one member each from the elected leadership of Benton county, Franklin county, the city of Richland, the city of Kennewick, the city of Pasco, a Hanford area port district, the labor community, and four members from the Hanford area business and financial community.
(c) Careful consideration shall be given to assure minority representation on the committee.
(2) Each member appointed by the director of the department of commerce shall serve a term of three years. A person appointed to fill a vacancy of a member shall be appointed in a like manner and shall serve for only the unexpired term. A member is eligible for reappointment. A member may be removed by the director of the department of commerce for cause.
(3) The director of the department of commerce shall designate a member of the committee as its chairperson. The committee may elect such other officers as it deems appropriate. Six members of the committee constitute a quorum and six affirmative votes are necessary for the transaction of business or the exercise of any power or function of the committee.
(4) The members shall serve without compensation, but are entitled to reimbursement for actual and necessary expenses incurred in the performance of official duties in accordance with RCW 43.03.050 and 43.03.060.
(5) Members shall not be liable to the state, to the fund, or to any other person as a result of their activities, whether ministerial or discretionary, as members except for willful dishonesty or intentional violations of law. The department may purchase liability insurance for members and may indemnify these persons against the claims of others.
[ 2011 1st sp.s. c 21 s 41; 1998 c 76 s 2; 1991 c 272 s 20.]
Notes:
Effective date—2011 1st sp.s. c 21: See note following RCW 72.23.025.
Effective dates—1991 c 272: See RCW 81.108.901.

catchline: Hanford area economic investment fund advisory committee.


title: RCW 43.31.428

text:
The *Hanford area economic investment fund committee created under RCW 43.31.425 may:
(1) Adopt bylaws for the regulation of its affairs and the conduct of its business;
(2) Utilize the services of other governmental agencies;
(3) Accept from any federal or state agency loans or grants for the purposes of funding Hanford area revolving loan funds, Hanford area infrastructure projects, or Hanford area economic development projects;
(4) Adopt rules for the administration of the program, including the terms and rates pertaining to its loans, and criteria for awarding grants, loans, and financial guarantees;
(5) Adopt a spending strategy for the moneys in the fund created in RCW 43.31.422. The strategy shall include five and ten year goals for economic development and diversification for use of the moneys in the Hanford area;
(6) Recommend to the director no more than two allocations eligible for funding per calendar year, with a first priority on Hanford area revolving loan allocations, and Hanford area infrastructure allocations followed by other Hanford area economic development and diversification projects if the committee finds that there are no suitable allocations in the priority allocations described in this section;
(7) Establish and administer a revolving fund consistent with this section and RCW 43.31.422 and 43.31.425; and
(8) Make grants from the Hanford area economic investment fund consistent with this section and RCW 43.31.422 and 43.31.425.
[ 2004 c 77 s 2; 1998 c 76 s 3; 1991 c 272 s 21.]
Notes:
*Reviser's note: The "Hanford area economic investment fund committee" was renamed the "Hanford area economic investment fund advisory committee" pursuant to 2011 1st sp.s. c 21 s 41.
Effective dates—1991 c 272: See RCW 81.108.901.

catchline: Hanford area economic investment fund committee—Powers.


title: RCW 43.31.450

text:
The legislature finds that economic well-being encompasses not only income, spending, and consumption, but also savings, investment, and asset-building. The building of assets, in particular, can improve individuals' economic independence and stability. The legislature further finds that it is appropriate for the state to institute an asset-based strategy to assist low-income families. It is the purpose of chapter 402, Laws of 2005 to promote job training, homeownership, and business development among low-income individuals and to provide assistance in meeting the financial goals of low-income individuals.
[ 2005 c 402 s 2.]

catchline: SEED act—Findings—Purpose.


title: RCW 43.31.455

text:
The definitions in this section apply throughout RCW 43.31.450 through 43.31.475 unless the context clearly requires otherwise.
(1) "Department" means the department of commerce.
(2) "Director" means the director of the department of commerce.
(3) "Foster youth" means a person who is fifteen years of age or older who is a dependent of the department of social and health services; or a person who is at least fifteen years of age, but not more than twenty-three years of age, who was a dependent of the department of social and health services for at least twenty-four months after attaining thirteen years of age.
(4) "Individual development account" or "account" means an account established by contract between a low-income individual and a sponsoring organization for the benefit of the low-income individual and funded through periodic contributions by the low-income individual which are matched with contributions by or through the sponsoring organization.
(5) "Low-income individual" means a person whose household income is equal to or less than either:
(a) Eighty percent of the median family income, adjusted for household size, for the county or metropolitan statistical area where the person resides; or
(b) Two hundred percent of the federal poverty guidelines updated periodically in the federal register by the United States department of health and human services under the authority of 42 U.S.C. 9902(2).
(6) "Program" means the individual development account program established pursuant to RCW 43.31.450 through 43.31.475.
(7) "Sponsoring organization" means: (a) A nonprofit, fund-raising organization that is exempt from taxation under section 501(c)(3) of the internal revenue code as amended and in effect on January 1, 2005; (b) a housing authority established under RCW 35.82.030; or (c) a federally recognized Indian tribe.
[ 2009 c 565 s 28; 2005 c 402 s 3.]

catchline: SEED act—Definitions.


title: RCW 43.31.460

text:
An individual development account program is hereby established within the department for the purpose of facilitating the creation by sponsoring organizations of individual development accounts for low-income individuals.
(1) The department shall select sponsoring organizations to establish and monitor individual development accounts using the following criteria:
(a) The ability of the sponsoring organization to implement and administer an individual development account program, including the ability to verify a low-income individual's eligibility, certify that matching deposits are used only for approved purposes, and exercise general fiscal accountability;
(b) The capacity of the sponsoring organization to provide or raise funds to match the contributions made by low-income individuals to their individual development accounts;
(c) The capacity of the sponsoring organization to provide or arrange for the provision of financial counseling and other related services to low-income individuals;
(d) The links the sponsoring organization has to other activities and programs related to the purpose of chapter 402, Laws of 2005; and
(e) Such other criteria as the department determines are consistent with the purpose of chapter 402, Laws of 2005 and ease of administration.
(2) An individual development account may be established by or on behalf of an eligible low-income individual to enable the individual to accumulate funds for the following purposes:
(a) The acquisition of postsecondary education or job training;
(b) The purchase of a primary residence, including any usual or reasonable settlement, financing, or other closing costs;
(c) The capitalization of a small business. Account moneys may be used for capital, land, plant, equipment, and inventory expenses or for working capital pursuant to a business plan. The business plan must have been developed with a business counselor, trainer, or financial institution approved by the sponsoring organization. The business plan shall include a description of the services or goods to be sold, a marketing strategy, and projected financial statements;
(d) The purchase of a computer, an automobile, or home improvements; or
(e) The purchase of assistive technologies that will allow a person with a disability to participate in work-related activities.
(3) An eligible low-income individual participating in the program must contribute to an individual development account. The contributions may be derived from earned income or other income, as provided by the department. Other income shall include child support payments, supplemental security income, and disability benefits.
(4) A sponsoring organization may authorize a low-income individual for whom an individual development account has been established to withdraw all or part of the individual's deposits for the following emergencies:
(a) Necessary medical expenses;
(b) To avoid eviction of the individual from the individual's residence;
(c) Necessary living expenses following loss of employment; or
(d) Such other circumstances as the sponsoring organization determines merit emergency withdrawal.
The low-income individual making an emergency withdrawal shall reimburse the account for the amount withdrawn within twelve months of the date of withdrawal or the individual development account shall be closed.
(5) Funds held in an individual development account established under RCW 43.31.450 through 43.31.475 shall not be used in the determination of eligibility for, or the amount of, assistance in any state or federal means-tested program.
(6) The department shall adopt rules as necessary to implement chapter 402, Laws of 2005, including rules regulating the use of individual development accounts by eligible low-income individuals. The department's rules shall require that funds held in an individual development account are to be withdrawn only for the purposes specified in subsection (2) of this section or withdrawn as permitted for emergencies under subsection (4) of this section.
(7) Nothing in this section shall be construed to create an entitlement to matching moneys.
[ 2005 c 402 s 4.]

catchline: SEED act—Individual development account program—Rules.


title: RCW 43.31.465

text:
(1) A foster youth individual development account program is hereby established within the individual development account program established pursuant to RCW 43.31.460 for the purpose of facilitating the creation by sponsoring organizations of individual development accounts for foster youth.
(2) The department shall select sponsoring organizations to establish and monitor individual development accounts for foster youth from those entities with whom the department of social and health services contracts for independent living services for youth who are or have been dependents of the department of social and health services.
(3) An individual development account may be established by or on behalf of a foster youth to enable the individual to accumulate funds for the following purposes:
(a) The acquisition of postsecondary education or job training;
(b) Housing needs, including rent, security deposit, and utilities costs;
(c) The purchase of a computer if necessary for postsecondary education or job training;
(d) The purchase of a car if necessary for employment; and
(e) Payment of health insurance premiums.
(4) A foster youth participating in the program must contribute to an individual development account. The contributions may be derived from earned income or other income, as provided by the department. Other income shall include financial incentives for educational achievement provided by entities contracted with the department of social and health services for independent living services for youth who are or have been dependents of the department of social and health services.
[ 2005 c 402 s 5.]

catchline: SEED act—Foster youth individual development account program.


title: RCW 43.31.470

text:
(1) An account is created in the custody of the state treasurer to be known as the individual development account program account. The account shall consist of all moneys appropriated to the account by the legislature and any other federal, state, or private funds, appropriated or nonappropriated, as the department receives for the purpose of matching low-income individuals' contributions to their individual development accounts. Expenditures from the account may be used only for the following:
(a) Grants to sponsoring organizations selected by the department to participate in the individual development account program to assist sponsoring organizations in providing or arranging for the provision of financial counseling and other related services to low-income individuals participating in the program and for program administration purposes;
(b) A match to be determined by the department of up to four dollars for every dollar deposited by an individual into the individual's individual development account, except that the maximum amount provided as a match for each individual development account shall be four thousand dollars; and
(c) The department's administrative expenses in carrying out the purposes of chapter 402, Laws of 2005.
(2) Only the director or the director's designee may authorize expenditures from the account.
(3) The account is subject to allotment procedures under chapter 43.88 RCW, but an appropriation is not required for expenditures.
[ 2005 c 402 s 6.]

catchline: SEED act—Individual development account program account.


title: RCW 43.31.475

text:
Sponsoring organizations may seek additional funds to increase the match rate and the maximum annual match amount established pursuant to RCW 43.31.465. Such funds may also be used for purposes in addition to those provided in RCW 43.31.460(2).
[ 2005 c 402 s 7.]

catchline: SEED act—Additional funds and purposes.


title: RCW 43.31.480

text:
The department shall annually report to the legislature and the governor on the individual development account program established pursuant to RCW 43.31.450 through 43.31.475.
[ 2005 c 402 s 9.]

catchline: SEED act—Report to the legislature.


title: RCW 43.31.485

text:
This act shall be known as the saving, earning, and enabling dreams (SEED) act.
[ 2005 c 402 s 1.]

catchline: SEED act—Short title—2005 c 402.


title: RCW 43.31.502

text:
(1) A child care facility revolving fund is created. Money in the fund shall be used solely for the purpose of starting or improving a child care facility pursuant to RCW * 43.31.085 and 43.31.502 through 43.31.514. Only moneys from private or federal sources may be deposited into this fund.
(2) Funds provided under this section shall not be subject to reappropriation. The child care facility fund committee may use loan and grant repayments and income for the revolving fund program.
(3) During the 2019-2021 fiscal biennium, the legislature may direct the state treasurer to make transfers of moneys in the child care facility revolving fund to the state general fund.
[ 2020 c 357 s 914; 1991 c 248 s 1; 1989 c 430 s 3.]
Notes:
*Reviser's note: RCW 43.31.085 was repealed by 1993 c 280 s 81, effective June 30, 1996.
Effective date—2020 c 357: See note following RCW 43.79.545.
Legislative findings—1989 c 430: "The legislature finds that increasing the availability and affordability of quality child care will enhance the stability of the family and facilitate expanded economic prosperity in the state. The legislature finds that balancing work and family life is a critical concern for employers and employees. The dramatic increase in participation of women in the workforce has resulted in a demand for affordable child care exceeding the supply. The future of the state's workforce depends in part upon the availability of quality affordable child care. There are not enough child care services and facilities to meet the needs of working parents, the costs of care are often beyond the resources of working parents, and facilities are not located conveniently to workplaces and neighborhoods. The prospect for labor shortages resulting from the aging of the population and the importance of the quality of the workforce to the competitiveness of Washington businesses make the availability of quality child care an important concern for the state's businesses.
The legislature further finds that a partnership between business and child care providers can help the market for child care adjust to the needs of businesses and working families and improve productivity, reduce absenteeism, improve recruitment, and improve morale among Washington's labor force. The legislature further finds that private and public partnerships and investments are necessary to increase the supply, affordability, and quality of child care in the state." [ 1989 c 430 s 1.]
Severability—1989 c 430: "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." [ 1989 c 430 s 12.]

catchline: Child care facility revolving fund—Purpose—Source of funds.


title: RCW 43.31.504

text:
The child care facility fund committee is established within the *business assistance center of the department of commerce. The committee shall administer the child care facility fund, with review by the director of commerce.
(1) The committee shall have five members. The director of commerce shall appoint the members, who shall include:
(a) Two persons experienced in investment finance and having skills in providing capital to new businesses, in starting and operating businesses, and providing professional services to small or expanding businesses;
(b) One person representing a philanthropic organization with experience in evaluating funding requests;
(c) One child care services expert; and
(d) One early childhood development expert.
In making these appointments, the director shall give careful consideration to ensure that the various geographic regions of the state are represented and that members will be available for meetings and are committed to working cooperatively to address child care needs in Washington state.
(2) The committee shall elect officers from among its membership and shall adopt policies and procedures specifying the lengths of terms, methods for filling vacancies, and other matters necessary to the ongoing functioning of the committee.
(3) Committee members shall serve without compensation, but may request reimbursement for travel expenses as provided in RCW 43.03.050 and 43.03.060.
(4) Committee members shall not be liable to the state, to the child care facility fund, or to any other person as a result of their activities, whether ministerial or discretionary, as members except for willful dishonesty or intentional violation of the law. The department of commerce may purchase liability insurance for members and may indemnify these persons against the claims of others.
[ 2023 c 470 s 2045; 1993 c 280 s 45; 1989 c 430 s 4.]
Notes:
*Reviser's note: The business assistance center and its powers and duties were terminated June 30, 1995. RCW 43.31.083, 43.31.085, 43.31.087, and 43.31.089 were repealed by 1993 c 280 s 81.
Explanatory statement—2023 c 470: See note following RCW 10.99.030.
Effective date—1993 c 280: See RCW 43.330.902.
Legislative findings—Severability—1989 c 430: See notes following RCW 43.31.502.

catchline: Child care facility fund committee—Generally.


title: RCW 43.31.506

text:
The child care facility fund committee is authorized to solicit applications for and award grants and loans from the child care facility fund to assist persons, businesses, or organizations to start a licensed child care facility, or to make capital improvements in an existing licensed child care facility. Grants and loans shall be awarded on a one-time only basis, and shall not be awarded to cover operating expenses beyond the first three months of business. No grant shall exceed twenty-five thousand dollars. No loan shall exceed one hundred thousand dollars.
[ 1991 c 248 s 2; 1989 c 430 s 5.]
Notes:
Legislative findings—Severability—1989 c 430: See notes following RCW 43.31.502.

catchline: Child care facility fund committee—Authority to award moneys from fund.


title: RCW 43.31.508

text:
The child care facility fund committee is authorized, upon application, to use the child care facility fund to guarantee loans made to persons, businesses, or organizations to start a licensed child care facility, or to make capital improvements in an existing licensed child care facility.
(1) Loan guarantees shall be awarded on a one-time only basis, and shall not be awarded for loans to cover operating expenses beyond the first three months of business.
(2) The total aggregate amount of the loan guarantee awarded to any applicant may not exceed twenty-five thousand dollars and may not exceed eighty percent of the loan.
(3) The total aggregate amount of guarantee from the child care facility fund, with respect to the guaranteed portions of loans, may not exceed at any time an amount equal to five times the balance in the child care facility fund.
[ 1989 c 430 s 6.]
Notes:
Legislative findings—Severability—1989 c 430: See notes following RCW 43.31.502.

catchline: Child care facility fund committee—Loans to child care facilities.


title: RCW 43.31.512

text:
The child care facility fund committee shall award loan guarantees, loans or grants to those persons, businesses, or organizations meeting the minimum standards set forth in this chapter who will best serve the intent of the chapter to increase the availability of high quality, affordable child care in Washington state. The committee shall promulgate rules regarding the application for and disbursement of loan guarantees, loans, or grants from the fund, including loan terms and repayment procedures. At a minimum, such rules shall require an applicant to submit a plan which includes a detailed description of:
(1) The need for a new or improved child care facility in the area served by the applicant;
(2) The steps the applicant will take to serve a reasonable number of children with disabilities, sick children, infants, children requiring nighttime or weekend care, or children whose costs of care are subsidized by government;
(3) Why financial assistance from the state is needed to start or improve the child care facility;
(4) How the guaranteed loan, loan, or grant will be used, and how such uses will meet the described need;
(5) The child care services to be available at the facility and the capacity of the applicant to provide those services; and
(6) The financial status of the applicant, including other resources available to the applicant which will ensure the continued viability of the facility and the availability of its described services.
Recipients shall annually for two years following the receipt of the loan guarantee, loan, or grant, submit to the child care facility fund committee a report on the facility and how it is meeting the child care needs for which it was intended.
[ 2020 c 274 s 23; 1989 c 430 s 7.]
Notes:
Legislative findings—Severability—1989 c 430: See notes following RCW 43.31.502.

catchline: Child care facility fund committee—Loans or grants to individuals, businesses, or organizations.


title: RCW 43.31.514

text:
Where the child care facility fund committee makes a grant to a person, organization, or business, the grant shall be repaid to the child care facility fund if the child care facility using the grant to start or expand ceases to provide child care earlier than the following time periods from the date the grant is made: (1) Twelve months for a grant up to five thousand dollars; (2) twenty-four months for a grant over five thousand dollars up to ten thousand dollars; (3) thirty-six months for a grant over ten thousand dollars up to fifteen thousand dollars; (4) forty-eight months for a grant over fifteen thousand dollars up to twenty thousand dollars; and (5) sixty months for a grant over twenty thousand dollars up to twenty-five thousand dollars.
[ 1989 c 430 s 8.]
Notes:
Legislative findings—Severability—1989 c 430: See notes following RCW 43.31.502.

catchline: Child care facility fund committee—Grants, repayment requirements.


title: RCW 43.31.545

text:
The department is the lead state agency to assist in establishing and improving markets for recyclable materials generated in the state.
[ 1991 c 319 s 210; 1989 c 431 s 64.]

catchline: Recycled materials and products—Market development.


title: RCW 43.31.565

text:
Unless the context clearly requires otherwise, the definitions in this section apply throughout RCW 43.31.569 through 43.31.583:
(1) "Department" means the department of commerce.
(2) "Director" means the director of commerce.
(3) "Early learning facility" means a facility providing regularly scheduled care for a group of children one month of age through 12 years of age for periods of less than 24 hours.
(4) "Tribal compact school" means a state-tribal education compact school subject to chapter 28A.715 RCW.
[ 2025 c 21 s 1; 2021 c 130 s 4; 2017 3rd sp.s. c 12 s 3.]
Notes:
Findings—Intent—2017 3rd sp.s. c 12: "The legislature finds that there is a significant and critical need for additional early learning facilities to meet the state's commitment to providing high quality early learning opportunities to low-income children, including the legal mandate to provide preschool opportunities through the early childhood education and assistance program to all eligible children by 2023.
The legislature further finds that private and public partnerships and investments are critical to meeting the need for increased classrooms necessary to deliver high quality early learning opportunities to low-income children across Washington.
The legislature intends to provide state financial assistance to leverage local and private resources to enable early childhood education and assistance program contractors and child care providers to expand, remodel, purchase, or construct early learning facilities and classrooms necessary to support state-funded early learning opportunities for low-income children." [ 2017 3rd sp.s. c 12 s 1.]
Effective date—2017 3rd sp.s. c 12: "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 [July 6, 2017]." [ 2017 3rd sp.s. c 12 s 15.]

catchline: Early learning facilities grant and loan program—Definitions.


title: RCW 43.31.569

text:
(1)(a) The early learning facilities revolving account is created in the state treasury.
(b) Revenues to the early learning facilities revolving account shall consist of appropriations by the legislature, early learning facilities grant and loan repayments, taxable bond proceeds, and all other sources deposited in the account.
(c) Expenditures from the account shall be used, in combination with other private and public funding, for: (i) State matching funds for the planning, renovation, purchase, and construction of early learning facilities as established in RCW 43.31.573 through 43.31.583 and 43.84.092; and (ii) emergency grants for eligible organizations.
(d) Expenditures from the account are subject to appropriation and the allotment provisions of chapter 43.88 RCW.
(e) The early learning facilities revolving account shall be known as the Ruth LeCocq Kagi early learning facilities revolving account.
(2)(a) The early learning facilities development account is created in the state treasury.
(b) Revenues to the early learning facilities development account shall consist of tax exempt bond proceeds.
(c) Expenditures from the account shall be used for the planning, renovation, purchase, and construction of early learning facilities as established in RCW 43.31.573 through 43.31.583 and 43.84.092.
(d) Expenditures from the account are subject to appropriation and the allotment provisions of chapter 43.88 RCW.
(e) The early learning facilities development account shall be known as the Ruth LeCocq Kagi early learning facilities development account.
[ 2025 c 21 s 2; 2021 c 130 s 3; 2017 3rd sp.s. c 12 s 4.]
Notes:
Findings—Intent—Effective date—2017 3rd sp.s. c 12: See notes following RCW 43.31.565.

catchline: Early learning facilities grant and loan program—Early learning facilities revolving account—Early learning facilities development account.


title: RCW 43.31.571

text:
(1) The department, in consultation with the department of children, youth, and families, shall oversee the early learning facilities revolving account and the early learning facilities development account, and is the lead state agency for the early learning facilities grant and loan program.
(2) It is the intent of the legislature that state funds invested in the accounts be matched by private or local government funding whenever feasible. Every effort may be made to maximize funding available for early learning facilities from public schools, community colleges, educational service districts, local governments, and private funders.
(3) Amounts used for program administration by the department may not exceed an average of four percent of the appropriated funds.
(4) The department is encouraged to leverage private and public match funds when feasible and may not require match funds for applicants experiencing financial hardship. The department may not consider the level of project match funds as a competitive criterion when selecting or recommending projects for funding. Private or public match funds may consist of cash, equipment, land, buildings, or like-kind.
[ 2025 c 21 s 3; 2018 c 58 s 5; 2017 3rd sp.s. c 12 s 5.]
Notes:
Effective date—2018 c 58: See note following RCW 28A.655.080.
Findings—Intent—Effective date—2017 3rd sp.s. c 12: See notes following RCW 43.31.565.

catchline: Early learning facilities grant and loan program—Oversight, in consultation with the department of children, youth, and families—Head state agency—Use of funds.


title: RCW 43.31.573

text:
(1) The department must expend moneys from the early learning facilities revolving account: (a) To provide state matching funds for early learning facilities grants or loans to provide classrooms necessary for children to participate in the early childhood education and assistance program and working connections child care; and (b) for emergency grants for eligible organizations as identified in this chapter.
(2) The department must expend moneys from the early learning facilities development account for early learning facilities grants to provide classrooms necessary for children to participate in the early childhood education and assistance program and working connections child care.
(3) Funds expended from the accounts as specified in subsections (1) and (2) of this section may fund projects only for:
(a) Eligible organizations identified in RCW 43.31.575;
(b) School districts; and
(c) Tribal compact schools.
(4) The department shall:
(a) In consultation with the office of the superintendent of public instruction, implement and administer the early learning facilities grant and loan program for school districts and tribal compact schools as described in RCW 43.31.579(3) and 43.31.581(1); and
(b) Contract with one or more nongovernmental private-public partnerships that are certified by the community development financial institutions fund to: (i) Implement and administer grants and loans funded through the early learning facilities revolving account or for a grant funded through the early learning facilities development account, for eligible organizations; and (ii) subject to the availability of amounts appropriated for this specific purpose, award and administer emergency project grants on an ongoing basis to eligible organizations.
(A) Emergency projects are projects that are made necessary by a natural disaster or another immediate health or safety threat resulting from unforeseen circumstances. Emergency projects may include the construction, repair, reconstruction, replacement, rehabilitation, or other improvements to early learning facilities that are necessary to restore a safe and healthy early learning environment, preserve existing capacity, or to mitigate situations that obstruct children's access to early learning.
(B) The grant administrator must adopt policies and procedures to ensure that funding from emergency grants does not duplicate payments resulting from insurance proceeds or other payment from any other source. The grant administrator may receive administrative costs associated with conducting application processes, managing contracts, and providing technical assistance for emergency project grants.
(5) Any nongovernmental private-public partnership that is certified by the community development financial institutions fund that is seeking early learning fund resources must demonstrate an ability to raise funding from private and other public entities for early learning facilities construction projects.
(6) The department may allow the application of an eligible organization for a grant or loan from the early learning facilities revolving account or for a grant from the early learning facilities development account created in RCW 43.31.569 to be considered without the involvement of the nongovernmental private-public partnership that is certified by the community development financial institutions fund if a nongovernmental private-public partnership certified by the community development financial institutions fund is not reasonably available to the location of the proposed facility or if the eligible organization has sufficient ability and capacity to proceed with a project absent the involvement of a nongovernmental private-public partnership that is certified by the community development financial institutions fund.
(7) The department shall monitor performance of the early learning facilities grant and loan program. Any nongovernmental private-public partnership that is certified by the community development financial institutions fund receiving state funds for purposes of this section and RCW 43.31.577 and 43.31.579, shall provide reports by July 1st of each year, to the department. The reports must include, but are not limited to, the following:
(a) A list of projects funded through the early learning facilities grant and loan program for eligible organizations to include:
(i) Name;
(ii) Location;
(iii) Grant or loan amount;
(iv) Private match amount;
(v) Public match amount;
(vi) Number of early learners served; and
(vii) Other elements as required by the department;
(b) A demonstration of sufficient investment of private match funds; and
(c) A description of how the projects met the criteria described in RCW 43.31.581.
[ 2025 c 21 s 4; 2017 3rd sp.s. c 12 s 6.]
Notes:
Findings—Intent—Effective date—2017 3rd sp.s. c 12: See notes following RCW 43.31.565.

catchline: Early learning facilities grant and loan program—State matching funds for grants or loans—Emergency grants—Participation by nongovernmental private-public partnerships—Monitoring performance.


title: RCW 43.31.574

text:
For early learning facilities collocated with affordable or supportive housing developments, the department may remit state funding on a reimbursement basis for 90 percent of eligible project costs, regardless of the project's match amount, once the nonstate share of project costs have been either expended or firmly committed in an amount sufficient to complete the entire project or a distinct phase of the project that is useable to the public as an early learning facility. During the 2025-2027 fiscal biennium, the department may remit state funding on a reimbursement basis for 100 percent of eligible project costs. Eligible housing developments are projects that have received public funding and have secured enough funding to complete construction of the project that will result in a certificate of occupancy to open the affordable housing development, including the early learning facility.
[ 2025 c 414 s 8045; 2024 c 230 s 2.]
Notes:
Effective date—2025 c 414: See note following RCW 79A.25.210.

catchline: Early learning facilities grant and loan program—Collocation with affordable or supportive housing—State funding.


title: RCW 43.31.575

text:
(1) Organizations eligible to receive funding from the early learning facilities grant and loan program include:
(a) Early childhood education and assistance program providers;
(b) Working connections child care providers who are eligible to receive state subsidies;
(c) Licensed early learning centers not currently participating in the early childhood education and assistance program, but intending to do so;
(d) Developers of housing and community facilities;
(e) Community and technical colleges;
(f) Educational service districts;
(g) Local governments;
(h) Federally recognized tribes in the state; and
(i) Religiously affiliated entities.
(2) To be eligible to receive funding from the early learning facilities grant and loan program for activities described in RCW 43.31.577 (1) (b), (c), and (d) and (2), eligible organizations, school districts, and tribal compact schools must:
(a) Commit to being an active participant in good standing with the early achievers program as defined by chapter 43.216 RCW; and
(b) Demonstrate that projects receiving construction, purchase, or renovation grants or loans must also:
(i) Demonstrate that the project site is under the applicant's control for a minimum of 10 years, either through ownership or a long-term lease; and
(ii) Commit to using the facility funded by the grant or loan for the purposes of providing preschool or child care for a minimum of 10 years.
(3) To be eligible to receive funding from the early learning facilities grant and loan program for activities described in RCW 43.31.577 (1) (b), (c), and (d) and (2), religiously affiliated entities must use the facility to provide child care and education services consistent with subsection (4)(a) of this section.
(4)(a) Upon receiving a grant or loan, the recipient must continue to be an active participant and in good standing with the early achievers program.
(b) If the recipient does not meet the conditions specified in (a) of this subsection, the grants shall be repaid to the early learning facilities revolving account or the early learning facilities development account, as directed by the department. So long as an eligible organization continues to provide an early learning program in the facility, the facility is used as authorized, and the eligible organization continues to be an active participant and in good standing with the early achievers program, the grant repayment is waived.
[ 2025 c 21 s 5; 2024 c 230 s 3; 2021 c 130 s 2; 2018 c 58 s 18; 2017 3rd sp.s. c 12 s 7.]
Notes:
Effective date—2018 c 58: See note following RCW 28A.655.080.
Findings—Intent—Effective date—2017 3rd sp.s. c 12: See notes following RCW 43.31.565.

catchline: Early learning facilities grant and loan program—Eligible organizations—Requirements.


title: RCW 43.31.577

text:
(1) Activities eligible for funding through the early learning facilities grant and loan program for eligible organizations include:
(a) Facility predesign grants or loans to allow eligible organizations to secure professional services or consult with organizations certified by the community development financial institutions fund to plan for and assess the feasibility of early learning facilities projects or receive other technical assistance to design and develop projects for construction funding;
(b) Grants or loans for predevelopment activities to advance a proposal from planning to major construction or renovation;
(c) Grants or loans for renovations or repairs of existing early learning facilities;
(d) Major construction and renovation grants or loans and grants or loans for facility purchases to create or expand early learning facilities, including those that increase early childhood education and assistance program capacity by supporting conversion of slots from part day to full day or extended day, or conversion of full day to extended day, as defined in RCW 43.216.010;
(e) Emergency project grants as provided in RCW 43.31.573; and
(f) Administration costs associated with conducting application processes, managing contracts, translation services, and providing technical assistance.
(2) For grants or loans awarded under subsection (1)(c) and (d) of this section, the department must prioritize applications for facilities that are ready for construction.
(3) Activities eligible for funding through the early learning facilities grant and loan program for school districts and tribal compact schools include major construction, purchase, and renovation grants or loans to create or expand early learning facilities that received priority and ranking as described in RCW 43.31.581.
[ 2025 c 21 s 6; 2024 c 230 s 1; 2023 c 474 s 8031; 2021 c 130 s 1; 2017 3rd sp.s. c 12 s 8.]
Notes:
Effective date—2024 c 230 s 1: "Section 1 of this act takes effect July 1, 2025." [ 2024 c 230 s 5.]
Conflict with federal requirements—Effective date—2023 c 474: See notes following RCW 28A.320.330.
Findings—Intent—Effective date—2017 3rd sp.s. c 12: See notes following RCW 43.31.565.

catchline: Early learning facilities grant and loan program—Eligible activities.


title: RCW 43.31.579

text:
(1) It is the intent of the legislature that state funds invested in the early learning facilities grant and loan program be matched by private or local government funding whenever feasible. Every effort may be made to maximize funding available for early learning facilities from public schools, community colleges, educational service districts, local governments, and private funders.
(2) In the administration of the early learning facilities grant and loan program for eligible organizations, any nongovernmental private-public partnership that is certified by the community development financial institutions fund contracted with the department shall award grants or loans as described in RCW 43.31.577 and 43.31.573, that meet the criteria described in RCW 43.31.581 or 43.31.573, through an application process or in compliance with state and federal requirements of the funding source.
(3) In the administration of the early learning facilities grant and loan program for school districts and tribal compact schools, the department, in coordination with the office of the superintendent of public instruction, shall submit a ranked and prioritized list of proposed purchases and major construction or renovation of early learning facilities projects for school districts and tribal compact schools subject to the prioritization methodology described in RCW 43.31.581 to the office of financial management and the relevant legislative committees by September 15th of even-numbered years.
[ 2025 c 21 s 7; 2017 3rd sp.s. c 12 s 9.]
Notes:
Findings—Intent—Effective date—2017 3rd sp.s. c 12: See notes following RCW 43.31.565.

catchline: Early learning facilities grant and loan program—Private or local government matching funding—Ranked and prioritized list of projects.


title: RCW 43.31.581

text:
(1) The department shall convene a committee of early learning facilities experts to advise the department regarding the prioritization methodology of applications for projects described in RCW 43.31.577 including no less than one representative each from the department of children, youth, and families, the Washington state housing finance commission, an organization certified by the community development financial institutions fund, and the office of the superintendent of public instruction.
(2) When developing a prioritization methodology under this section, the committee shall consider, but is not limited to:
(a) Projects that add early childhood education and assistance program slots in areas with the highest unmet need or increase capacity by supporting conversion of slots from part day to full day or extended day, or conversion of full day to extended day, as defined in RCW 43.216.010;
(b) Projects benefiting low-income children;
(c) Projects located in low-income neighborhoods;
(d) Projects that provide more access to the early childhood education and assistance program as a ratio of the children eligible to participate in the program;
(e) Projects that are geographically disbursed relative to statewide need;
(f) Projects that include new or renovated kitchen facilities equipped to support the use of from scratch, modified scratch, or other cooking methods that enhance overall student nutrition; and
(g) Projects that balance mixed-use development and rural locations.
(3) Committee members shall serve without compensation, but may request reimbursement for travel expenses as provided in RCW 43.03.050 and 43.03.060.
(4) Committee members are not liable to the state, the early learning facilities revolving account, the early learning facilities development account, or to any other person, as a result of their activities, whether ministerial or discretionary, as members except for willful dishonesty or intentional violation of the law.
(5) The department may purchase liability insurance for members and may indemnify these persons against the claims of others.
[ 2025 c 21 s 8; 2018 c 58 s 17; 2017 3rd sp.s. c 12 s 10.]
Notes:
Effective date—2018 c 58: See note following RCW 28A.655.080.
Findings—Intent—Effective date—2017 3rd sp.s. c 12: See notes following RCW 43.31.565.

catchline: Early learning facilities grant and loan program—Committee of facilities experts—Advice regarding prioritization methodology—Liability insurance.


title: RCW 43.31.583

text:
When funding is provided in the previous biennium, the department, in collaboration with the department of children, youth, and families, shall submit a report no later than December 1st of even-numbered years, to the governor and the appropriate committees of the legislature that provides an update on the status of the early learning facilities grant and loan program that includes, but is not limited to:
(1) The total amount of funds, by grant and loan, spent or contracted to be spent; and
(2) A list of projects awarded funding including, but not limited to, information about whether the project is a renovation or new construction or some other category, where the project is located, and the number of slots the project supports.
[ 2018 c 58 s 16; 2017 3rd sp.s. c 12 s 11.]
Notes:
Effective date—2018 c 58: See note following RCW 28A.655.080.
Findings—Intent—Effective date—2017 3rd sp.s. c 12: See notes following RCW 43.31.565.

catchline: Early learning facilities grant and loan program—Report.


title: RCW 43.31.585

text:
The department may adopt rules to implement RCW 43.31.565 through 43.31.583.
[ 2025 c 21 s 9.]

catchline: Early learning facilities grant and loan program—Rule making.