title: RCW 43.160.070

text:
Public facilities financial assistance, when authorized by the board, is subject to the following conditions:
(1) The moneys in the public facilities construction loan revolving account shall be used solely to fulfill commitments arising from financial assistance authorized in this chapter. The total outstanding amount which the board shall dispense at any time pursuant to this section shall not exceed the moneys available from the account.
(2) On contracts made for public facilities loans the board shall determine the interest rate which loans shall bear. The interest rate shall not exceed ten percent per annum. The board may provide reasonable terms and conditions for repayment for loans, including partial forgiveness of loan principal and interest payments on projects located in rural communities as defined by the board, or rural counties. The loans shall not exceed twenty years in duration.
(3) Repayments of loans made from the public facilities construction loan revolving account under the contracts for public facilities construction loans shall be paid into the public facilities construction loan revolving account. Repayments of loans from moneys from the new appropriation from the public works assistance account for the fiscal biennium ending June 30, 1999, shall be paid into the public works assistance account.
(4) When every feasible effort has been made to provide loans and loans are not possible, the board may provide grants upon finding that unique circumstances exist.
[ 2008 c 327 s 6; 1999 c 164 s 104; 1998 c 321 s 27 (Referendum Bill No. 49, approved November 3, 1998); 1997 c 235 s 721; 1996 c 51 s 6; 1990 1st ex.s. c 16 s 802; 1983 1st ex.s. c 60 s 4; 1982 1st ex.s. c 40 s 7.]
Notes:
Effective date—2008 c 327 ss 1, 2, 4-11, 17: See note following RCW 43.160.010.
Findings—Intent—Part headings and subheadings not law—Effective date—Severability—1999 c 164: See notes following RCW 43.160.010.
Purpose—Severability—1998 c 321: See notes following RCW 82.14.045.
Contingent effective dates—1998 c 321 ss 23-42: See note following RCW 35.58.410.
Severability—Effective date—1997 c 235: See notes following RCW 79A.15.040.
Severability—Effective dates—1996 c 51: See notes following RCW 43.160.010.
Severability—1990 1st ex.s. c 16: "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." [ 1990 1st ex.s. c 16 s 803.]

catchline: Conditions.


doc_type: statute

jurisdiction: wa

title: RCW 43.160.074

text:
(1) An application to the board from a political subdivision may also include a request for improvements to an existing state highway or highways. The application is subject to all of the applicable criteria relative to qualifying types of development set forth in this chapter, as well as procedures and criteria established by the board.
(2) Before board consideration of an application from a political subdivision that includes a request for improvements to an existing state highway or highways, the application shall be forwarded by the board to the department of transportation.
(3) The board may not make its final determination on any application made under subsection (1) of this section before receiving approval, as submitted or amended or disapproval from the department of transportation as specified in RCW 47.01.280. Notwithstanding its disposition of the remainder of any such application, the board may not approve a request for improvements to an existing state highway or highways without the approval as submitted or amended of the department of transportation as specified in RCW 47.01.280.
(4) The board shall notify the department of transportation of its decision regarding any application made under this section.
[ 2008 c 327 s 7; 1985 c 433 s 5.]
Notes:
Effective date—2008 c 327 ss 1, 2, 4-11, 17: See note following RCW 43.160.010.
Nonseverability—1985 c 433: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the entire act and the application of the provision to other persons or circumstances is invalid and of no further force and effect." [ 1985 c 433 s 10.]

license: public-domain-government-work

rule_set: Revised Code of Washington

catchline: Application—Request for improvements to existing highways—Procedures.

code: rcw

unit: section

court: Washington State Legislature


title: RCW 43.160.076

text:
(1) Except as authorized to the contrary under subsection (2) of this section, from all funds available to the board for financial assistance in a biennium under this chapter, the board shall approve at least seventy-five percent of the first twenty million dollars of funds available and at least fifty percent of any additional funds for financial assistance for projects in rural counties.
(2) If at any time during the last six months of a biennium the board finds that the actual and anticipated applications for qualified projects in rural counties are clearly insufficient to use up the allocations under subsection (1) of this section, then the board shall estimate the amount of the insufficiency and during the remainder of the biennium may use that amount of the allocation for financial assistance to projects not located in rural counties.
(3) The board shall solicit qualifying projects to plan, design, and construct public facilities needed to attract new industrial and commercial activities in areas impacted by the closure or potential closure of large coal-fired electric generation facilities, which for the purposes of this section means a facility that emitted more than one million tons of greenhouse gases in any calendar year prior to 2008. The projects should be consistent with any applicable plans for major industrial activity on lands formerly used or designated for surface coal mining and supporting uses under RCW 36.70A.368. When the board receives timely and eligible project applications from a political subdivision of the state for financial assistance for such projects, the board from available funds shall give priority consideration to such projects.
[ 2011 c 180 s 301; 2008 c 327 s 8. Prior: 1999 c 164 s 105; prior: 1998 c 321 s 28 (Referendum Bill No. 49, approved November 3, 1998); 1998 c 55 s 4; 1997 c 367 s 9; 1996 c 51 s 7; 1995 c 226 s 15; 1993 c 320 s 5; 1991 c 314 s 24; 1985 c 446 s 6.]
Notes:
Findings—Purpose—2011 c 180: See note following RCW 80.80.010.
Effective date—2008 c 327 ss 1, 2, 4-11, 17: See note following RCW 43.160.010.
Findings—Intent—Part headings and subheadings not law—Effective date—Severability—1999 c 164: See notes following RCW 43.160.010.
Purpose—Severability—1998 c 321: See notes following RCW 82.14.045.
Contingent effective dates—1998 c 321 ss 23-42: See note following RCW 35.58.410.
Severability—Conflict with federal requirements—Effective date—1997 c 367: See notes following RCW 43.160.020.
Severability—Effective dates—1996 c 51: See notes following RCW 43.160.010.
Repeal—1991 c 314: "RCW 43.160.076 and 1998 c 321 § 28, 1997 c 367 § 9, 1996 c 51 § 7, 1995 c 226 § 15, 1993 c 320 § 5, 1991 c 314 § 24, & 1985 c 446 § 6 are each repealed effective June 30, 2000." [ 1998 c 321 s 29 (Referendum Bill No. 49, approved November 3, 1998); 1997 c 367 s 10; 1995 c 226 s 7; 1993 c 320 s 10; 1991 c 314 s 32.]
Severability—Conflict with federal requirements—Effective date—1995 c 226: See notes following RCW 43.160.020.
Findings—1991 c 314: See note following RCW 43.160.020.

catchline: Financial assistance in rural counties—Areas impacted by the closure or potential closure of large coal-fired electric generation facilities.


title: RCW 43.160.077

text:
(1) When the board receives an application from a political subdivision that includes a request for assistance in financing the cost of public facilities to encourage the development of a private facility to process recyclable materials, a copy of the application shall be sent by the board to the department of ecology.
(2) The board shall notify the department of ecology of its decision regarding any application made under this section.
[ 1993 c 320 s 6; 1989 c 431 s 63.]

catchline: Applications—Processing of recyclable materials—Department of ecology notice.


title: RCW 43.160.078

text:
In order to enhance competition for grants and loans and the quality of projects for which loans and grants are sought, the board shall take such reasonable measures as are necessary to familiarize government officials and members of the public with the provisions of this chapter, particularly the board's authority to make grants and loans.
[ 1985 c 446 s 5.]

catchline: Board to familiarize government officials and public with chapter provisions.


title: RCW 43.160.080

text:
There shall be a fund in the state treasury known as the public facilities construction loan revolving account, which shall consist of all moneys collected under this chapter and any moneys appropriated to it by law. Disbursements from the revolving account shall be on authorization of the board. In order to maintain an effective expenditure and revenue control, the public facilities construction loan revolving account shall be subject in all respects to chapter 43.88 RCW. During the 2013-2015 biennium, amounts in the public facilities construction loan revolving account may be used for the animal disease traceability project in section 3247, chapter 19, Laws of 2013 2nd sp. sess., administered by the department of agriculture. During the 2013-2015 biennium, sums in the public facilities construction loan revolving account may be used for the clean energy partnership project in section 1038, chapter 19, Laws of 2013 2nd sp. sess. During the 2015-2017 biennium, sums in the public facilities construction loan revolving account may be used to continue and enhance the animal disease traceability project in section 3247, chapter 19, Laws of 2013 2nd sp. sess., administered by the department of agriculture. During the 2015-2017 biennium, sums in the public facilities construction loan revolving account may be used for the clean energy partnership project in section 1038, chapter 19, Laws of 2013 2nd sp. sess.
[ 2015 3rd sp.s. c 3 s 7034; 2015 3rd sp.s. c 3 s 6029; 2010 1st sp.s. c 36 s 6011; 2008 c 327 s 11; 1998 c 321 s 30 (Referendum Bill No. 49, approved November 3, 1998); 1992 c 235 s 10; 1991 sp.s. c 13 s 115; 1987 c 422 s 6; 1984 c 257 s 12; 1983 1st ex.s. c 60 s 6; 1982 1st ex.s. c 40 s 8.]
Notes:
Reviser's note: This section was amended by 2015 3rd sp.s. c 3 s 6029 and by 2015 3rd sp.s. c 3 s 7034, each without reference to the other. Both amendments are incorporated in the publication of this section under RCW 1.12.025(2). For rule of construction, see RCW 1.12.025(1).
Effective date—2015 3rd sp.s. c 3: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately [June 30, 2015]." [ 2015 3rd sp.s. c 3 s 7045.]
Effective date—2010 1st sp.s. c 36: See note following RCW 43.155.050.
Effective date—2008 c 327 ss 1, 2, 4-11, 17: See note following RCW 43.160.010.
Purpose—Severability—1998 c 321: See notes following RCW 82.14.045.
Contingent effective dates—1998 c 321 ss 23-42: See note following RCW 35.58.410.
Effective dates—1991 sp.s. c 13: See note following RCW 18.04.105.

catchline: Public facilities construction loan revolving account.


title: RCW 43.160.090

text:
The board and the department shall keep proper records of accounts and shall be subject to audit by the state auditor.
[ 1996 c 51 s 8; 1987 c 505 s 42; 1982 1st ex.s. c 40 s 9.]
Notes:
Severability—Effective dates—1996 c 51: See notes following RCW 43.160.010.

catchline: Records—Audits.


title: RCW 43.160.900

text:
(1) The community economic revitalization board shall conduct biennial outcome-based evaluations of the financial assistance provided under this chapter. The evaluations shall include the following:
(a) Information on the number of applications for community economic revitalization board assistance;
(b) The number and types of projects approved;
(c) The grant or loan amount awarded each project;
(d) The projected number of jobs created or retained by each project;
(e) The actual number and cost of jobs created or retained by each project;
(f) The wages and health benefits associated with the jobs;
(g) The amount of state funds and total capital invested in projects;
(h) The number and types of businesses assisted by funded projects;
(i) The location of funded projects;
(j) The transportation infrastructure available for completed projects;
(k) The local match and local participation obtained;
(l) The number of delinquent loans;
(m) The number of project terminations; and
(n) Certain information identifying the biennial total number, percentage, and dollar amount of projects' use of: Businesses certified by the office of minority and women's business enterprises under chapter 39.19 RCW and department of veterans affairs under chapter 43.60A RCW, and businesses not yet certified with these organizations but that self-report as meeting the requirements of certification.
(2) The evaluations may also include additional performance measures and recommendations for programmatic changes.
(3) The evaluation must be presented to the governor and appropriate committees of the legislature by December 31st of each even-numbered year.
[ 2023 c 93 s 3; 2014 c 112 s 109; 2008 c 327 s 9; 1993 c 320 s 8; 1987 c 422 s 10; 1985 c 446 s 25; 1982 1st ex.s. c 40 s 10.]
Notes:
Findings—Intent—2023 c 93: See note following RCW 43.160.060.
Effective date—2008 c 327 ss 1, 2, 4-11, 17: See note following RCW 43.160.010.
Effective date—1993 c 320 s 8: "Section 8 of this act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect immediately [May 12, 1993]." [ 1993 c 320 s 12.]

catchline: Community economic revitalization board—Evaluations of financial assistance—Reporting of evaluations.


title: RCW 43.160.902

text:
As used in this act, captions constitute no part of the law.
[ 1984 c 257 s 14.]

catchline: Captions not part of law—1984 c 257.


title: RCW 43.163.005

text:
Economic development is essential to the health, safety, and welfare of all Washington citizens by broadening and strengthening state and local tax bases, providing meaningful employment opportunities and thereby enhancing the quality of life. Economic development increasingly is dependent upon the ability of small-sized and medium-sized businesses and farms to finance growth and trade activities. Many of these businesses face an unmet need for capital that limits their growth. These unmet capital needs are a problem in both urban and rural areas which cannot be solved by the private sector alone. There presently exist some federal programs, private credit enhancements and other financial tools to complement the private banking industry in providing this needed capital. More research is needed to develop effective strategies to enhance access to capital and thereby stimulate economic development.
It is the purpose of this chapter to establish a state economic development finance authority to act as a financial conduit that, without using state funds or lending the credit of the state or local governments, can issue nonrecourse revenue bonds, and participate in federal, state, and local economic development programs to help facilitate access to needed capital by Washington businesses that cannot otherwise readily obtain needed capital on terms and rates comparable to large corporations, and can help local governments obtain capital more efficiently. It is also a primary purpose of this chapter to encourage the employment and retention of Washington workers at meaningful wages and to develop innovative approaches to the problem of unmet capital needs. This chapter is enacted to accomplish these and related purposes and shall be construed liberally to carry out its purposes and objectives.
[ 1990 c 53 s 1; 1989 c 279 s 1.]
Notes:
Findings—Purpose—1994 c 302: "The legislature finds that when public funds are used to support private enterprise, the public may gain through the creation of new jobs, the diversification of the economy, or higher quality jobs for existing workers. The legislature further finds that such returns on public investments are not automatic and that tax-based incentives, in particular, may result in a greater tax burden on businesses and individuals that are not eligible for the public support. It is the purpose of this *chapter to collect information sufficient to allow the legislature and the executive branch to make informed decisions about the merits of existing tax-based incentives and loan programs intended to encourage economic development in the state." [ 1994 c 302 s 1.]
*Reviser's note: 1994 c 302 s 2 was vetoed. 1994 c 302 s 3 is a codification direction and 1994 c 302 s 4 is an emergency clause. The code reviser's office chose not to create a new chapter for the only remaining section, section 1.

catchline: Purpose—Construction.


title: RCW 43.163.010

text:
As used in this chapter, the following words and terms have the following meanings, unless the context requires otherwise:
(1) "Authority" means the Washington economic development finance authority created under RCW 43.163.020 or any board, body, commission, department or officer succeeding to the principal functions of the authority or to whom the powers conferred upon the authority shall be given by law;
(2) "Bonds" means any bonds, notes, debentures, interim certificates, conditional sales or lease financing agreements, lines of credit, forward purchase agreements, investment agreements, and other banking or financial arrangements, guaranties, or other obligations issued by or entered into by the authority. Such bonds may be issued on either a tax-exempt or taxable basis;
(3) "Borrower" means one or more public or private persons or entities acting as lessee, purchaser, mortgagor, or borrower who has obtained or is seeking to obtain financing either from the authority or from an eligible banking organization that has obtained or is seeking to obtain funds from the authority to finance a project. A borrower may include a party who transfers the right of use and occupancy to another party by lease, sublease or otherwise, or a party who is seeking or has obtained a financial guaranty from the authority;
(4) "Eligible banking organization" means any organization subject to regulation by the director of the department of financial institutions, any national bank, federal savings and loan association, and federal credit union located within this state;
(5) "Eligible export transaction" means any preexport or export activity by a person or entity located in the state of Washington involving a sale for export and product sale which, in the judgment of the authority: (a) Will create or maintain employment in the state of Washington, (b) will obtain a material percent of its value from manufactured goods or services made, processed or occurring in Washington, and (c) could not otherwise obtain financing on reasonable terms from an eligible banking organization;
(6) "Eligible farmer" means any person who is a resident of the state of Washington and whose specific acreage qualifying for receipts from the federal department of agriculture under its conservation reserve program is within the state of Washington;
(7) "Eligible person" means an individual, partnership, corporation, or joint venture carrying on business, or proposing to carry on business within the state and is seeking financial assistance under RCW 43.163.210;
(8) "Financial assistance" means the infusion of capital to persons for use in the development and exploitation of specific inventions and products;
(9) "Financing document" means an instrument executed by the authority and one or more persons or entities pertaining to the issuance of or security for bonds, or the application of the proceeds of bonds or other funds of, or payable to, the authority. A financing document may include, but need not be limited to, a lease, installment sale agreement, conditional sale agreement, mortgage, loan agreement, trust agreement or indenture, security agreement, letter or line of credit, reimbursement agreement, insurance policy, guaranty agreement, or currency or interest rate swap agreement. A financing document also may be an agreement between the authority and an eligible banking organization which has agreed to make a loan to a borrower;
(10) "Plan" means the general plan of economic development finance objectives developed and adopted by the authority, and updated from time to time, as required under RCW 43.163.090;
(11) "Economic development activities" means activities related to: Manufacturing, processing, research, production, assembly, tooling, warehousing, airports, docks and wharves, mass commuting facilities, high-speed intercity rail facilities, public broadcasting, pollution control, solid waste disposal, federally qualified hazardous waste facilities, energy generating, conservation, or transmission facilities, and sports facilities and industrial parks and activities conducted within a federally designated enterprise or empowerment zone or geographic area of similar nature;
(12) "Project costs" means costs of:
(a) Acquisition, lease, construction, reconstruction, remodeling, refurbishing, rehabilitation, extension, and enlargement of land, rights to land, buildings, structures, docks, wharves, fixtures, machinery, equipment, excavations, paving, landscaping, utilities, approaches, roadways and parking, handling and storage areas, and similar ancillary facilities, and any other real or personal property included in an economic development activity;
(b) Architectural, engineering, consulting, accounting, and legal costs related directly to the development, financing, acquisition, lease, construction, reconstruction, remodeling, refurbishing, rehabilitation, extension, and enlargement of an activity included under subsection (11) of this section, including costs of studies assessing the feasibility of an economic development activity;
(c) Finance costs, including the costs of credit enhancement and discounts, if any, the costs of issuing revenue bonds, and costs incurred in carrying out any financing document;
(d) Start-up costs, working capital, capitalized research and development costs, capitalized interest during construction and during the eighteen months after estimated completion of construction, and capitalized debt service or repair and replacement or other appropriate reserves;
(e) The refunding of any outstanding obligations incurred for any of the costs outlined in this subsection; and
(f) Other costs incidental to any of the costs listed in this section;
(13) "Product" means a product, device, technique, or process that is or may be exploitable commercially. "Product" does not refer to pure research, but shall be construed to apply to products, devices, techniques, or processes that have advanced beyond the theoretic stage and are readily capable of being, or have been, reduced to practice;
(14) "Financing agreements" means, and includes without limitation, a contractual arrangement with an eligible person whereby the authority obtains rights from or in an invention or product or proceeds from an invention or product in exchange for the granting of financial and other assistance to the person.
[ 1999 c 294 s 1. Prior: 1994 c 238 s 1; 1994 c 92 s 498; 1989 c 279 s 2.]
Notes:
Effective date—1999 c 294: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately [May 13, 1999]." [ 1999 c 294 s 2.]
Severability—1994 c 238: "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." [ 1994 c 238 s 6.]
Effective date—1994 c 238: "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 immediately [April 1, 1994]." [ 1994 c 238 s 7.]

catchline: Definitions.


title: RCW 43.163.020

text:
The Washington economic development finance authority is established as a public body corporate and politic, with perpetual corporate succession, constituting an instrumentality of the state of Washington exercising essential governmental functions. The authority is a public body within the meaning of RCW 39.53.010.
The authority shall consist of 17 members as follows: The director of the department of commerce, the director of the department of agriculture, the state treasurer, one member from each caucus in the house of representatives appointed by the speaker of the house, one member from each caucus in the senate appointed by the president of the senate, and ten public members with one representative of women-owned businesses and one representative of minority-owned businesses and with at least three of the members residing east of the Cascades. The public members shall be residents of the state appointed by the governor on the basis of their interest or expertise in trade, agriculture or business finance or jobs creation and development. One of the public members shall be appointed by the governor as chair of the authority and shall serve as chair of the authority at the pleasure of the governor. The authority may select from its membership such other officers as it deems appropriate.
The term of the persons appointed by the governor as public members of the authority, including the public member appointed as chair, shall be four years from the date of appointment, except that the term of three of the initial appointees shall be for two years from the date of appointment and the term of four of the initial appointees shall be for three years from the date of appointment. The governor shall designate the appointees who will serve the two-year and three-year terms.
In the event of a vacancy on the authority due to death, resignation or removal of one of the public members, or upon the expiration of the term of one of the public members, the governor shall appoint a successor for the remainder of the unexpired term. If either of the state offices is abolished, the resulting vacancy on the authority shall be filled by the state officer who shall succeed substantially to the power and duties of the abolished office.
Any public member of the authority may be removed by the governor for misfeasance, malfeasance or willful neglect of duty after notice and a public hearing, unless such notice and hearing shall be expressly waived in writing by the affected public member.
The state officials serving in ex officio capacity may each designate an employee of their respective departments to act on their behalf in all respects with regard to any matter to come before the authority. Such designations shall be made in writing in such manner as is specified by the rules of the authority.
The members of the authority shall serve without compensation but shall be entitled to reimbursement, solely from the funds of the authority, for expenses incurred in the discharge of their duties under this chapter. The authority may borrow funds from the department for the purpose of reimbursing members for expenses; however, the authority shall repay the department as soon as practicable.
A majority of the authority shall constitute a quorum.
[ 2023 c 470 s 2063; 1995 c 399 s 89; 1990 c 53 s 2; 1989 c 279 s 3.]
Notes:
Explanatory statement—2023 c 470: See note following RCW 10.99.030.

catchline: Economic development finance authority created—Membership.


title: RCW 43.163.030

text:
(1) The authority, in cooperation with the small business export finance assistance center and other export assistance entities, is authorized to develop and conduct a program or programs to provide for the funding of export transactions for small businesses which are unable to obtain funding from private commercial lenders.
(2) The authority is authorized to secure or provide guaranties or insurance for loans and otherwise to provide for loans for any eligible export transaction. Loans may be made either directly by the authority or through an eligible banking organization. For such purpose, the authority may use funds legally available to it to provide for insurance or to guarantee eligible export transactions for which guaranteed funding has been provided.
(3) The authority shall make every effort to cause guaranties or insurance to be provided from the export-import bank of the United States, the foreign credit insurance association, the small business administration or such other similar or succeeding federal or private programs whose financial performance in the guarantee or insurance of export transactions is sound and recognized in the financial community. The maximum amount payable under any guaranty shall be specifically set forth in writing at the time any such guaranteed funding is entered into by the authority.
(4) Prior to providing or securing a guarantee of funding or otherwise providing for a loan for any eligible export transaction hereunder, the authority shall obtain assurance that there has been made an investigation of the credit of the exporter in order to determine its viability, the economic benefits to be derived from the eligible export transaction, the prospects for repayment, and such other facts as it deems necessary in order to determine that such guaranteed funding is consistent with the purposes of this chapter.
[ 1989 c 279 s 4.]
Notes:
Small business export finance assistance center: Chapter 43.210 RCW.

catchline: Small businesses—Funding of export transactions.


title: RCW 43.163.040

text:
To provide capital for economic development purposes, the authority is authorized to develop and conduct a program or programs to provide advance financing to eligible farmers in respect of the contract payments due to them under the federal department of agriculture conservation reserve program. Such advance financing may be provided in the form of lease, sale, loan or other similar financing transactions.
[ 1989 c 279 s 5.]

catchline: Farmers—Advance financing, agriculture conservation reserve program.


title: RCW 43.163.050

text:
The authority is authorized to develop and conduct a program or programs to promote small business and agricultural financing in the state through the pooling of loans or portions of loans made or guaranteed through programs administered by federal agencies including the small business or farmers home administrations. For such purpose, the authority may acquire from eligible banking organizations and other financial intermediaries who make or hold loans made or guaranteed through programs administered by the federal small business or farmers home administrations all or portions of such loans, and the authority may contract or coordinate with parties authorized to acquire or pool loans made or guaranteed by a federal agency or with parties authorized to administer such loan or guarantee programs.
[ 1990 c 53 s 3; 1989 c 279 s 6.]

catchline: Pooling of loans.


title: RCW 43.163.060

text:
(1) The authority is authorized to participate fully in federal and other governmental economic development finance programs and to take such actions as are necessary and consistent with this chapter to secure to itself and the people of the state the benefits of those programs and to meet their requirements.
(2) The authority shall coordinate its programs with those contributing to a common purpose found elsewhere in the departments of *community, trade, and economic development, agriculture or employment security, or any other department or organization of, or affiliated with, the state or federal government, and shall avoid any duplication of such activities or programs provided elsewhere. The departments of *community, trade, and economic development, agriculture, employment security and other relevant state agencies shall provide to the authority all reports prepared in the course of their ongoing activities which may assist in the identification of unmet capital financing needs by small-sized and medium-sized businesses in the state.
[ 1995 c 399 s 90; 1989 c 279 s 7.]
Notes:
*Reviser's note: The "department of community, trade, and economic development" was renamed the "department of commerce" by 2009 c 565.

catchline: Scope of authority's powers—Duties of other agencies.


title: RCW 43.163.070

text:
The authority may use any funds legally available to it for any purpose specifically authorized by this chapter, or for otherwise improving economic development in this state by assisting businesses and farm enterprises that do not have access to capital at terms and rates comparable to large corporations due to the location of the business, the size of the business, the lack of financial expertise, or other appropriate reasons: PROVIDED, That no funds of the state shall be used for such purposes.
[ 1990 c 53 s 4; 1989 c 279 s 8.]

catchline: Use of funds.


title: RCW 43.163.080

text:
(1) The authority shall adopt general operating procedures for the authority. The authority shall also adopt operating procedures for individual programs as they are developed for obtaining funds and for providing funds to borrowers. These operating procedures shall be adopted by resolution prior to the authority operating the applicable programs.
(2) The operating procedures shall include, but are not limited to: (a) Appropriate minimum reserve requirements to secure the authority's bonds and other obligations; (b) appropriate standards for securing loans and other financing the authority provides to borrowers, such as guarantees or collateral; and (c) strict standards for providing financing to borrowers, such as (i) the borrower is a responsible party with a high probability of being able to repay the financing provided by the authority, (ii) the financing is reasonably expected to provide economic growth or stability in the state by enabling a borrower to increase or maintain jobs or capital in the state, (iii) the borrowers with the greatest needs or that provide the most public benefit are given higher priority by the authority, and (iv) the financing is consistent with any plan adopted by the authority under RCW 43.163.090.
[ 1994 c 238 s 2; 1990 c 53 s 5; 1989 c 279 s 9.]
Notes:
Severability—Effective date—1994 c 238: See notes following RCW 43.163.010.

catchline: General operating procedures.


title: RCW 43.163.090

text:
The authority shall adopt a general plan of economic development finance objectives to be implemented by the authority during the period of the plan. The authority may exercise the powers authorized under this chapter prior to the adoption of the initial plan. In developing the plan, the authority shall consider and set objectives for:
(1) Employment generation associated with the authority's programs;
(2) The application of funds to sectors and regions of the state economy evidencing need for improved access to capital markets and funding resources;
(3) Geographic distribution of funds and programs available through the authority;
(4) Eligibility criteria for participants in authority programs;
(5) The use of funds and resources available from or through federal, state, local, and private sources and programs;
(6) Standards for economic viability and growth opportunities of participants in authority programs;
(7) New programs which serve a targeted need for financing assistance within the purposes of this chapter; and
(8) Opportunities to improve capital access as evidenced by programs existent in other states or as they are made possible by results of private capital market circumstances.
The authority shall, as part of the finance plan required under this section, develop an outreach and marketing plan designed to increase its financial services to rural counties. As used in this section, "rural counties" means counties smaller than two hundred twenty-five square miles or as defined in RCW 43.168.020.
At least one public hearing shall be conducted by the authority on the plan prior to its adoption. The plan shall be adopted by resolution of the authority no later than November 15, 1990. The authority may periodically update the plan as determined necessary by the authority. The plan or updated plan shall include a report on authority activities conducted since the commencement of authority operation or since the last plan was reported, whichever is more recent, including a statement of results achieved under the purposes of this chapter and the plan. Upon adoption, the authority shall conduct its programs in observance of the objectives established in the plan.
[ 2001 c 304 s 1; 1998 c 245 s 50; 1997 c 257 s 1; 1989 c 279 s 10.]
Notes:
Effective date—2001 c 304: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately [May 14, 2001]." [ 2001 c 304 s 4.]

catchline: Economic development finance objectives plan.


title: RCW 43.163.100

text:
In addition to accomplishing the economic development finance programs specifically authorized in this chapter, the authority may:
(1) Maintain an office or offices;
(2) Sue and be sued in its own name, and plead and be impleaded;
(3) Engage consultants, agents, attorneys, and advisers, contract with federal, state, and local governmental entities for services, and hire such employees, agents and other personnel as the authority deems necessary, useful, or convenient to accomplish its purposes;
(4) Make and execute all manner of contracts, agreements and instruments and financing documents with public and private parties as the authority deems necessary, useful, or convenient to accomplish its purposes;
(5) Acquire and hold real or personal property, or any interest therein, in the name of the authority, and to sell, assign, lease, encumber, mortgage, or otherwise dispose of the same in such manner as the authority deems necessary, useful, or convenient to accomplish its purposes;
(6) Open and maintain accounts in qualified public depositaries and otherwise provide for the investment of any funds not required for immediate disbursement, and provide for the selection of investments;
(7) Appear in its own behalf before boards, commissions, departments, or agencies of federal, state, or local government;
(8) Procure such insurance in such amounts and from such insurers as the authority deems desirable, including, but not limited to, insurance against any loss or damage to its property or other assets, public liability insurance for injuries to persons or property, and directors and officers liability insurance;
(9) Apply for and accept subventions, grants, loans, advances, and contributions from any source of money, property, labor, or other things of value, to be held, used and applied as the authority deems necessary, useful, or convenient to accomplish its purposes;
(10) Establish guidelines for the participation by eligible banking organizations in programs conducted by the authority under this chapter;
(11) Act as an agent, by agreement, for federal, state, or local governmental entities to carry out the programs authorized in this chapter;
(12) Establish, revise, and collect such fees and charges as the authority deems necessary, useful, or convenient to accomplish its purposes;
(13) Make such expenditures as are appropriate for paying the administrative costs and expenses of the authority in carrying out the provisions of this chapter: PROVIDED, That expenditures with respect to the economic development financing programs of the authority shall not be made from funds of the state;
(14) Establish such reserves and special funds, and controls on deposits to and disbursements from them, as the authority deems necessary, useful, or convenient to accomplish its purposes;
(15) Give assistance to public bodies by providing information, guidelines, forms, and procedures for implementing their financing programs;
(16) Prepare, publish and distribute, with or without charge, such studies, reports, bulletins, and other material as the authority deems necessary, useful, or convenient to accomplish its purposes;
(17) Delegate any of its powers and duties if consistent with the purposes of this chapter;
(18) Adopt rules concerning its exercise of the powers authorized by this chapter; and
(19) Exercise any other power the authority deems necessary, useful, or convenient to accomplish its purposes and exercise the powers expressly granted in this chapter.
[ 1990 c 53 s 6; 1989 c 279 s 11.]
Notes:
Bonds to finance conservation measures: RCW 43.19.695.

catchline: Powers of the authority.


title: RCW 43.163.110

text:
Notwithstanding any other provision of this chapter, the authority shall not:
(1) Give any state money or property or loan any state money or credit to or in aid of any individual, association, company, or corporation, or become directly or indirectly the owner of any stock in or bonds of any association, company, or corporation;
(2) Issue bills of credit or accept deposits of money for time or demand deposit, administer trusts, engage in any form or manner in, or in the conduct of, any private or commercial banking business, or act as a savings bank or savings and loan association other than as provided in this chapter;
(3) Be or constitute a bank or trust company within the jurisdiction or under the control of the director of financial institutions, the comptroller of the currency of the United States of America or the treasury department thereof;
(4) Be or constitute a bank, broker or dealer in securities within the meaning of, or subject to the provisions of, any securities, securities exchange or securities dealers' law of the United States of America or the state;
(5) Engage in the financing of housing as provided for in chapter 43.180 RCW;
(6) Engage in the financing of health care facilities as provided for in chapter 70.37 RCW; or
(7) Engage in financing higher education facilities as provided for in chapter 28B.07 RCW.
[ 1994 c 92 s 499; 1989 c 279 s 12.]

catchline: Restrictions on authority's activity.


title: RCW 43.163.120

text:
The authority shall receive no appropriation of state funds. The department of commerce shall provide staff to the authority, to the extent permitted by law, to enable the authority to accomplish its purposes; the staff from the department of commerce may assist the authority in organizing itself and in designing programs, but shall not be involved in the issuance of bonds or in making credit decisions regarding financing provided to borrowers by the authority.
[ 2023 c 470 s 2064; 1998 c 245 s 51; 1994 c 238 s 3; 1989 c 279 s 13.]
Notes:
Explanatory statement—2023 c 470: See note following RCW 10.99.030.
Severability—Effective date—1994 c 238: See notes following RCW 43.163.010.

catchline: Staffing, restrictions—Authority not to receive appropriated state funds.


title: RCW 43.163.130

text:
(1) The authority may issue its nonrecourse revenue bonds in order to obtain the funds to carry out the programs authorized in this chapter. The bonds must be special obligations of the authority, payable solely out of the special fund or funds established by the authority for their repayment.
(2) Any bonds issued under this chapter may be secured by a financing document between the authority and the purchasers or owners of such bonds or between the authority and a corporate trustee, which may be any trust company or bank having the powers of a trust company within or without the state.
(a) The financing document may pledge or assign, in whole or in part, the revenues and funds held or to be received by the authority, any present or future contract or other rights to receive the same, and the proceeds thereof.
(b) The financing document may contain such provisions for protecting and enforcing the rights, security, and remedies of bondowners as may be reasonable and proper, including, without limiting the generality of the foregoing, provisions defining defaults and providing for remedies in the event of default which may include the acceleration of maturities, restrictions on the individual rights of action by bondowners, and covenants setting forth duties of and limitations on the authority in conduct of its programs and the management of its property.
(c) In addition to other security provided in this chapter or otherwise by law, bonds issued by the authority may be secured, in whole or in part, by financial guaranties, by insurance or by letters of credit issued to the authority or a trustee or any other person, by any bank, trust company, insurance or surety company or other financial institution, within or without the state. The authority may pledge or assign, in whole or in part, the revenues and funds held or to be received by the authority, any present or future contract or other rights to receive the same, and the proceeds thereof, as security for such guaranties or insurance or for the reimbursement by the authority to any issuer of such letter of credit of any payments made under such letter of credit.
(3) Without limiting the powers of the authority contained in this chapter, in connection with each issue of its obligation bonds, the authority must create and establish one or more special funds, including, but not limited to debt service and sinking funds, reserve funds, project funds, and such other special funds as the authority deems necessary, useful, or convenient.
(4) Any security interest created against the unexpended bond proceeds and against the special funds created by the authority is immediately valid and binding against the money and any securities in which the money may be invested without authority or trustee possession. The security interest must be prior to any party having any competing claim against the moneys or securities, without filing or recording under Article 9A of the Uniform Commercial Code, Title 62A RCW, and regardless of whether the party has notice of the security interest.
(5) The bonds may be issued as serial bonds, term bonds or any other type of bond instrument consistent with the provisions of this chapter. The bonds shall bear such date or dates; mature at such time or times; bear interest at such rate or rates, either fixed or variable; be payable at such time or times; be in such denominations; be in such form; bear such privileges of transferability, exchangeability, and interchangeability; be subject to such terms of redemption; and be sold at public or private sale, in such manner, at such time or times, and at such price or prices as the authority determines. The bonds must be executed by the manual or facsimile signatures of the authority's chair and either its secretary or executive director, and may be authenticated by the trustee (if the authority determines to use a trustee) or any registrar which may be designated for the bonds by the authority.
(6) Bonds may be issued by the authority to refund other outstanding authority bonds, at or prior to maturity of, and to pay any redemption premium on, the outstanding bonds. Bonds issued for refunding purposes may be combined with bonds issued for the financing or refinancing of new projects. Pending the application of the proceeds of the refunding bonds to the redemption of the bonds to be redeemed, the authority may enter into an agreement or agreements with a corporate trustee regarding the interim investment of the proceeds and the application of the proceeds and the earnings on the proceeds to the payment of the principal of and interest on, and the redemption of, the bonds to be redeemed.
(7) The bonds of the authority may be negotiable instruments under Title 62A RCW.
(8) Neither the members of the authority, nor its employees or agents, nor any person executing the bonds is personally liable on the bonds or be subject to any personal liability or accountability by reason of the issuance of the bonds.
(9) The authority may purchase its bonds with any of its funds available for the purchase. The authority may hold, pledge, cancel or resell the bonds subject to and in accordance with agreements with bondowners.
(10) The authority may not exceed one billion five hundred million dollars in total outstanding debt at any time.
(11) The state finance committee must be notified in advance of the issuance of bonds by the authority in order to promote the orderly offering of obligations in the financial markets.
[ 2011 c 176 s 1; 2005 c 137 s 1. Prior: 2001 c 304 s 2; 2001 c 32 s 2; 1998 c 48 s 1; 1994 c 238 s 5; 1989 c 279 s 14.]
Notes:
Effective date—2001 c 304: See note following RCW 43.163.090.
Effective date—2001 c 32: See note following RCW 62A.9A-102.
Severability—Effective date—1994 c 238: See notes following RCW 43.163.010.
Bonds to finance conservation measures: RCW 43.19.695.

catchline: Nonrecourse revenue bonds—Issuance.


title: RCW 43.163.140

text:
(1) Bonds issued by the authority under this chapter shall not be deemed to constitute obligations, either general, special or moral, of the state or of any political subdivision of the state, or pledge of the faith and credit of the state or of any political subdivision, or general obligations of the authority. The bonds shall be special obligations of the authority and shall be payable solely from the special fund or funds created by the authority for their repayment. The issuance of bonds under this chapter shall not obligate, directly, indirectly, or contingently, the state or any political subdivision of the state to levy any taxes or appropriate or expend any funds for the payment of the principal or the interest on the bonds. The substance of the limitations included in this paragraph shall be plainly printed, written, engraved, or reproduced on each bond and in any disclosure document prepared in conjunction with the offer and sale of bonds.
(2) Neither the proceeds of bonds issued under this chapter nor any money used or to be used to pay the principal of, premium, if any, or interest on the bonds shall constitute public money or property. All of such money shall be kept segregated and set apart from funds of the state and any political subdivision of the state and shall not be subject to appropriation or allotment by the state or subject to the provisions of chapter 43.88 RCW.
(3) Contracts entered into by the authority shall be entered into in the name of the authority and not in the name of the state. The obligations of the authority under such contracts shall be obligations only of the authority and shall not, in any way, constitute obligations of the state.
[ 1989 c 279 s 15.]


title: RCW 43.163.150

text:
The authority may enter into financing documents with borrowers regarding bonds issued by the authority that may provide for the payment by each borrower of amounts sufficient, together with other revenues available to the authority, if any, to: (1) Pay the borrower's share of the fees established by the authority; (2) pay the principal of, premium, if any, and interest on outstanding bonds of the authority issued in respect of such borrower as the same shall become due and payable; and (3) create and maintain reserves required or provided for by the authority in connection with the issuance of such bonds. The payments shall not be subject to supervision or regulation by any department, committee, board, body, bureau, or agency of the state other than the authority.
[ 1989 c 279 s 16.]

catchline: Nonrecourse revenue bonds—Financing documents, scope.


title: RCW 43.163.160

text:
All money received by or on behalf of the authority with respect to this issuance of its bonds shall be trust funds to be held and applied solely as provided in this chapter. The authority, in lieu of receiving and applying the moneys itself, may enter into trust agreement or indenture with one or more banks or trust companies having the power and authority to conduct trust business in the state to:
(1) Perform all of any part of the obligations of the authority with respect to: (a) Bonds issued by it; (b) the receipt, investment and application of the proceeds of the bonds and money paid by a participant or available from other sources for the payment of the bonds; (c) the enforcement of the obligations of a borrower in connection with the financing or refinancing of any project; and (d) other matters relating to the exercise of the authority's powers under this chapter;
(2) Receive, hold, preserve, and enforce any security interest or evidence of security interest granted by a participant for purposes of securing the payment of the bonds; and
(3) Act on behalf of the authority or the owners of bonds of the authority for purposes of assuring or enforcing the payment of the bonds, when due.
[ 1989 c 279 s 17.]

catchline: Nonrecourse revenue bonds—Money received shall be trust funds.


title: RCW 43.163.170

text:
Any owner of bonds of the authority issued under this chapter, and the trustee under any trust agreement or indenture, may, either at law or in equity, by suit, action, mandamus or other proceeding, protect and enforce any of their respective rights, and may become the purchaser at any foreclosure sale if the person is the highest bidder, except to the extent the rights given are restricted by the authority in any bond resolution or trust agreement or indenture authorizing the issuance of the bonds.
[ 1989 c 279 s 18.]

catchline: Nonrecourse revenue bonds—Owner and trustee, enforcement of rights.


title: RCW 43.163.180

text:
The bonds or [of] the authority are securities in which all public officers and bodies of this state and all counties, cities, municipal corporations and political subdivisions, all banks, eligible banking organizations, bankers, trust companies, savings banks and institutions, building and loan associations, savings and loan associations, investment companies, insurance companies and associations, and all executors, administrators, guardians, trustees and other fiduciaries may legally invest any sinking funds, moneys or other funds belonging to them or within their control.
[ 1989 c 279 s 19.]

catchline: Nonrecourse revenue bonds as legal investment.


title: RCW 43.163.190

text:
This chapter provides a complete, additional and alternative method for accomplishing the purposes of this chapter and shall be regarded as supplemental and additional to powers conferred by other laws. The issuance of bonds and refunding bonds under this chapter need not comply with the requirements of any other law applicable to the issuance of bonds.
[ 1989 c 279 s 20.]

catchline: Chapter as an alternative bond issuance method.


title: RCW 43.163.200

text:
Insofar as the provisions of this chapter are inconsistent with the provisions of any general or special law, or parts thereof, the provisions of this chapter are controlling.
[ 1989 c 279 s 21.]

catchline: Construction.


title: RCW 43.163.210

text:
For the purpose of facilitating economic development in the state of Washington and encouraging the employment of Washington workers at meaningful wages:
(1) The authority may develop and conduct a program or programs to provide nonrecourse revenue bond financing for the project costs for economic development activities.
(2) The authority may develop and conduct a program that will stimulate and encourage the development of new products within Washington state by the infusion of financial aid for invention and innovation in situations in which the financial aid would not otherwise be reasonably available from commercial sources. The authority is authorized to provide nonrecourse revenue bond financing for this program.
(a) For the purposes of this program, the authority shall have the following powers and duties:
(i) To enter into financing agreements with eligible persons doing business in Washington state, upon terms and on conditions consistent with the purposes of this chapter, for the advancement of financial and other assistance to the persons for the development of specific products, procedures, and techniques, to be developed and produced in this state, and to condition the agreements upon contractual assurances that the benefits of increasing or maintaining employment and tax revenues shall remain in this state and accrue to it;
(ii) Own, possess, and take license in patents, copyrights, and proprietary processes and negotiate and enter into contracts and establish charges for the use of the patents, copyrights, and proprietary processes when the patents and licenses for products result from assistance provided by the authority;
(iii) Negotiate royalty payments to the authority on patents and licenses for products arising as a result of assistance provided by the authority;
(iv) Negotiate and enter into other types of contracts with eligible persons that assure that public benefits will result from the provision of services by the authority; provided that the contracts are consistent with the state Constitution;
(v) Encourage and provide technical assistance to eligible persons in the process of developing new products;
(vi) Refer eligible persons to researchers or laboratories for the purpose of testing and evaluating new products, processes, or innovations; and
(vii) To the extent permitted under its contract with eligible persons, to consent to a termination, modification, forgiveness, or other change of a term of a contractual right, payment, royalty, contract, or agreement of any kind to which the authority is a party.
(b) Eligible persons seeking financial and other assistance under this program shall forward an application, together with an application fee prescribed by rule, to the authority. An investigation and report concerning the advisability of approving an application for assistance shall be completed by the staff of the authority. The investigation and report may include, but is not limited to, facts about the company under consideration as its history, wage standards, job opportunities, stability of employment, past and present financial condition and structure, pro forma income statements, present and future markets and prospects, integrity of management as well as the feasibility of the proposed product and invention to be granted financial aid, including the state of development of the product as well as the likelihood of its commercial feasibility. After receipt and consideration of the report set out in this subsection and after other action as is deemed appropriate, the application shall be approved or denied by the authority. The applicant shall be promptly notified of action by the authority. In making the decision as to approval or denial of an application, priority shall be given to those persons operating or planning to operate businesses of special importance to Washington's economy, including, but not limited to: (i) Existing resource-based industries of agriculture, forestry, and fisheries; (ii) existing advanced technology industries of electronics, computer and instrument manufacturing, computer software, and information and design; and (iii) emerging industries such as environmental technology, biotechnology, biomedical sciences, materials sciences, and optics.
(3) The authority may also develop and implement, if authorized by the legislature, such other economic development financing programs adopted in future general plans of economic development finance objectives developed under RCW 43.163.090.
[ 2005 c 137 s 2; 2001 c 304 s 3; 1998 c 48 s 2; 1997 c 257 s 2; 1996 c 310 s 1; 1994 c 238 s 4.]
Notes:
Effective date—2001 c 304: See note following RCW 43.163.090.
Effective date—1996 c 310 s 1: "Section 1 of this act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect immediately [March 30, 1996]." [ 1996 c 310 s 3.]
Severability—Effective date—1994 c 238: See notes following RCW 43.163.010.

catchline: Nonrecourse revenue bond financing—Economic development activities—New products.


title: RCW 43.164.010

text:
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
(1) "Business services" means services by local workforce development councils to increase employer engagement in an effort to support industry growth, increase quality employment opportunities for job seekers, and enable persons served by economic security for all grants to access careers with wages that allow them to achieve self-sufficiency.
(2) "Department" means the employment security department.
(3) "People experiencing poverty" means people with a household income that is at or below 200 percent of the federal poverty level.
(4) "People who demonstrate financial need" means people with a household income that is above 200 percent of the federal poverty level but below self-sufficiency who need employment-related services to achieve self-sufficiency.
(5) "Rural counties" has the same meaning as provided in RCW 82.14.370.
(6) "Self-sufficiency" means a level of household income that is equal to or greater than the self-sufficiency standard for a household as determined by the University of Washington's self-sufficiency calculator.
(7) "Steering committee" means the poverty reduction work group steering committee created in response to a directive of the governor, dated November 6, 2017.
(8) "Workforce development council" means a local workforce development board as established in P.L. 113-128 Sec. 107.
[ 2024 c 92 s 2.]
Notes:
Findings—Intent—2024 c 92: See note following RCW 43.164.020.

catchline: Definitions.


title: RCW 43.164.020

text:
(1) The economic security for all grant program is created in the department. The purpose of the program is to empower and incentivize communities to coordinate existing poverty reduction resources and benefits to make them easier to access, get them to the people who need them, and work as a coordinated system to help more people move out of poverty and be included in Washington's economic success.
(2) Subject to the availability of amounts appropriated for this specific purpose, the department, in consultation with the department of social and health services, the department of commerce, the department of children, youth, and families, the health care authority, the workforce training and education coordinating board, the steering committee, and other stakeholders as determined by the department, shall make and oversee the implementation of economic security for all grants. Grants awarded under this section must be made available to local communities to promote equity, economic inclusion, and a stable financial foundation for people experiencing poverty and people who demonstrate financial need, with a particular focus on people of color and people in rural counties including tribal nations, primarily through better coordination of existing programs, resources, and provision of business services.
(3) Economic security for all grants awarded under this section shall be made available in communities throughout all regions of the state, including rural counties and urban communities for the purposes described in this section, distributed utilizing a funding allocation model.
(4) Recipients of economic security for all grants shall:
(a) Coordinate with existing local providers to make benefits easier to access and work as a coordinated system to help more people move out of poverty and be included in Washington's economic success;
(b) Provide input to inform the work described in RCW 43.164.040, by identifying examples of federal regulations that prevent better local coordination and identifying other needs for additional state or federal funding for continuous improvement of the poverty reduction system in future years;
(c) Utilize the existing local workforce development councils to develop economic security for all grant partnerships that must include people experiencing poverty, people of color, homelessness programs, and representatives of the health care authority, community service offices, accountable communities of health, and associate development organizations, and may include other members;
(d) Coordinate leadership among the local workforce development council, associate development council, and other organizations, and utilize the local workforce development council as the fiscal agent;
(e) Work with people experiencing poverty and people who demonstrate financial need to ensure they have access to multiple benefits to help them meet their basic needs, in alignment with local care coordination efforts, and when ready, to develop individualized career plans that will lead to a self-sufficiency wage, which must be the level established by the University of Washington self-sufficiency standard;
(f) Provide streamlined access to local partners who can pay for education or training elements of a person experiencing poverty or person with financial need's individualized career plan using federal Pell grants, the Washington college grant, or other resources;
(g) Provide streamlined access to local partners who can make monthly payments to people experiencing poverty and people who demonstrate financial need while in training, using existing resources such as incentive payments, work-study payments, work experience payments, needs-related payments, or other financial aid or workforce development resources, as identified locally and in consultation with technical assistance provided by the department. Such payments must work to maximize the total benefits available to the individual;
(h) Through the local workforce development councils, develop an economic security for all grant coordination team that works to facilitate easier access to all state and local government services. The team may utilize and build upon, rather than duplicate, existing coordinators and navigators that are already in place in the community. The team must provide convenient one-stop access to benefits available to people experiencing poverty and people who demonstrate financial need. At a minimum, the team must encourage people served by the economic security for all grants to apply for and, if eligible, receive supplemental nutritional assistance program benefits, temporary assistance for needy families benefits, medicaid benefits, workforce innovation and opportunity act supportive services, or other financial and health benefits, as appropriate for each person;
(i) Provide equitable access to state and local government services for people with disabilities, which may include equipment and technology purchases;
(j) Identify where federal barriers hinder efforts to coordinate benefits for customers and elevate those issues to the department;
(k) Provide options for career development, English language learning, and other services for both parents in two-parent families, including child care if desired by the family; and
(l) When available, use the local and state teams already in place for similar efforts, expanding the partners on those teams as needed to meet the requirements of this section.
[ 2024 c 92 s 3.]
Notes:
Findings—Intent—2024 c 92: "The legislature declares that economic inclusion shall be a top priority for Washington state. The legislature recognizes that for communities to thrive and remain vibrant, the state's economy needs to be inclusive of people who are furthest away from opportunity and disproportionally more likely to experience economic hardship. The legislature acknowledges that stand-alone human service programs meet a pressing need but can be difficult to access for those lacking the resources to do so. The legislature recognizes that barriers to access can delay reentry into the workforce and career development. The legislature finds that leveraging or supporting the integration of existing benefits and services whenever possible will help people access the benefits they need to help them move out of poverty, without creating another duplicative system. The legislature finds that incorporating people with lived experience deeply and meaningfully into systems development and program implementation can help improve meaningful access to state programs. The legislature, therefore, intends to help facilitate an inclusive economy by creating the economic security for all grant program to provide greater access to resources for those in need." [ 2024 c 92 s 1.]

catchline: Program created—Award of grants.


title: RCW 43.164.030

text:
Members of the steering committee must be reimbursed for travel expenses as provided in RCW 43.03.050 and 43.03.060, as well as child care and other expenses as needed for each day a steering committee member attends meetings to provide consultative assistance to the agencies managing the economic security for all grants as provided in RCW 43.164.020 and 43.164.040, for up to 12 meetings per calendar year.
[ 2024 c 92 s 4.]
Notes:
Findings—Intent—2024 c 92: See note following RCW 43.164.020.

catchline: Reimbursement of steering committee member expenses.


title: RCW 43.164.040

text:
(1) The department, in consultation with the department of social and health services, the department of commerce, the department of children, youth, and families, the health care authority, the workforce training and education coordinating board, the steering committee, and other stakeholders as identified by the department:
(a) Shall identify federal reforms that would help persons served by economic security for all grants access the federal benefits they need more efficiently, avoid sudden benefit cuts as their earned income increases, and move from poverty to self-sufficiency more effectively; and
(b) May apply for federal waivers and propose federal law changes to make the authorizing environment better support coordinated service delivery across programs.
(2) The department of social and health services, in consultation with the department, the department of commerce, the department of children, youth, and families, the health care authority, the workforce training and education coordinating board, the steering committee, the legislative-executive WorkFirst poverty reduction oversight task force, and other stakeholders as determined by the department, shall further develop measures and indicators of yearly progress toward poverty reduction, reducing income inequality, and achieving an equitable and inclusive economy, using the University of Washington self-sufficiency standard as a primary measure, as well as other measures already underway in the department of social and health services technical advisory group on inclusive economic recovery, and apply those measures as needed to help promote a statewide economy that is inclusive of rural areas, racially equitable, and fully inclusive of people experiencing poverty, people of color, people with disabilities, unhoused people, and other key demographics that have historically been left behind by the state economy.
[ 2024 c 92 s 5.]
Notes:
Findings—Intent—2024 c 92: See note following RCW 43.164.020.

catchline: Identification of federal reforms, waivers—Measurement of progress.


title: RCW 43.164.050

text:
By December 1, 2024, and annually thereafter, and in compliance with RCW 43.01.036, the department shall report to the governor, the appropriate committees of the legislature, the workforce training and education coordinating board, and the legislative-executive WorkFirst poverty reduction oversight task force on the economic security for all grant program. The annual report must include an analysis of the program, a detailed summary of the quarterly data collected, demographics and geography of people served, services delivered, average length of participation, number of persons served by the grants maintaining self-sufficiency in the years following program exit, and associated recommendations for program delivery. The report must include an analysis of customer feedback and actions taken to respond, based upon a standardized customer feedback mechanism. The report shall be publicized and easily accessible to the public.
[ 2024 c 92 s 6.]
Notes:
Findings—Intent—2024 c 92: See note following RCW 43.164.020.

catchline: Annual reports.


title: RCW 43.164.060

text:
The department may adopt rules as necessary to implement this chapter.
[ 2024 c 92 s 7.]
Notes:
Findings—Intent—2024 c 92: See note following RCW 43.164.020.

catchline: Rule making.


title: RCW 43.166.010

text:
(1) State lands development authorities are hereby authorized to oversee and manage the development or redevelopment of state-owned property that is within or adjacent to manufacturing industrial centers. Any property owned or managed by the department of natural resources is exempt from the provisions of this chapter.
(2) The legislative delegation from a district containing state-owned land that is included within, or is adjacent to, a manufacturing industrial center may propose the formation of a state lands development authority. The proposal must be presented in writing to the relevant legislative committees in both the house of representatives and the senate. The proposal must contain:
(a) The proposed general geographic boundaries of the state lands development authority; and
(b) Legislative findings relating to formation of the state lands development authority which find that:
(i) The state owns property within the boundaries of the proposed state lands development authority;
(ii) The state-owned land is located within or adjacent to a manufacturing industrial center;
(iii) The state agency with custodial responsibility for the property has completed an assessment regarding the current use, future use, and a projected date or conditions when the land is vacant, excess, or surplus to the mission of the state agency;
(iv) The legislature intends that the state lands development authority be appropriately funded and staffed; and
(v) The formation of a state lands development authority to oversee and manage the development or redevelopment of the state-owned land will be useful and beneficial to the community within and adjacent to the boundaries of the state lands development authority.
(3) Formation of a state lands development authority is subject to legislative authorization by statute.
(4) A state lands development authority may only be formed in a county with a population of 2,000,000 or greater.
(5) For the purposes of this chapter, all state lands development authorities are a public body corporate and politic and instrumentality of the state of Washington.
[ 2022 c 259 s 1.]

catchline: Authorization—Formation.


title: RCW 43.166.020

text:
(1) The affairs of a state lands development authority shall be managed by a board of directors.
(2) The initial board of directors of a state lands development authority must be appointed by the governor upon recommendation from the state legislative delegation from the district in which the boundaries of the state lands development authority are contained.
(3) The number of persons on the board of directors must be included in the proposal to establish a state lands development authority under RCW 43.166.010.
(4) Members of the board of directors must include:
(a) At least one member representing each of the following:
(i) The governing body of each city included in the boundaries of the state lands development authority;
(ii) The mayor's office of each city included in the boundaries of the state lands development authority;
(iii) The governing body of each county included in the boundaries of the state lands development authority; and
(iv) The governing body of each port district included in the boundaries of the state lands development authority;
(b) Additional members if required by the proposal to establish a state lands development authority under RCW 43.166.010; and
(c) Ex officio, nonvoting members if required by the proposal to establish a state lands development authority under RCW 43.166.010.
(5) In addition to other applicable provisions of law pertaining to conflicts of interest of public officials, no state lands development authority board member, appointed or otherwise, may participate in any decision on any board contract in which the board member has any interests, direct or indirect, with any firm, partnership, corporation, or association that would be the recipient of any gain or benefit resulting from transactions with the state lands development authority. In any instance where the participation occurs, the board shall void the transaction, and the involved member shall be subject to whatever sanctions may be provided by law. The board shall frame and adopt a code of ethics for its members, which must be designed to protect the state and its citizens from any unethical conduct by the board.
[ 2022 c 259 s 2.]

catchline: Board of directors.


title: RCW 43.166.030

text:
(1) State lands development authorities have the power to:
(a) Accept gifts, grants, loans, or other aid from public and private entities;
(b) Employ and appoint such agents, attorneys, officers, and employees as may be necessary to implement its purposes and duties;
(c) Contract and enter into partnerships with individuals, associations, corporations, and local, state, and federal governments;
(d) Buy, own, and lease real and personal property;
(e) Sell real and personal property, subject to any rules and restrictions contained in the proposal to establish a state lands development authority under RCW 43.166.010;
(f) Hold in trust, improve, and develop land;
(g) Invest, deposit, and reinvest its funds;
(h) Incur debt in furtherance of its mission: Provided, however, that state lands development authorities are expressly prohibited from incurring debt on behalf of the state of Washington as defined in Article VIII, section 1 of the state Constitution. A state lands development authority obligation to repay borrowed money does not constitute an obligation, either general, special, or moral, of the state of Washington. State lands development authorities are expressly prohibited from using, either directly or indirectly, "general state revenues" as defined in Article VIII, section 1 of the state Constitution to satisfy any state lands development authority obligation to repay borrowed money;
(i) Lend or grant its funds for any lawful purposes. For purposes of this section, "lawful purposes" includes without limitation, any use of funds, including loans thereof to public or private parties, authorized by agreements with the United States or any department or agency thereof under which federal or private funds are obtained, or authorized under federal laws and regulations pertinent to such agreements; and
(j) Exercise such additional powers as may be authorized by law.
(2) A state lands development authority that accepts public funds under subsection (1)(a) of this section:
(a) Is subject in all respects to Article VIII, section 5 or 7, as appropriate, of the state Constitution, and RCW 29B.40.250; and
(b) May not use such funds to support or oppose a candidate, ballot proposition, political party, or political committee.
(3) State lands development authorities do not have any authority to levy taxes or assessments.
[ 2024 c 164 s 525; 2022 c 259 s 3.]
Notes:
Intent—Construction—Rules remain valid—Effective date—2024 c 164: See notes following RCW 29B.10.010.

catchline: Powers.


title: RCW 43.166.040

text:
A state lands development authority has the duty to:
(1) Adopt bylaws for the authority that will govern how the authority will generally conduct its affairs;
(2) Establish specific geographic boundaries for the authority with its bylaws based on the general geographic boundaries established in the proposal approved by the legislature;
(3) Assume responsibility for the development or redevelopment of the state-owned property within the boundaries of the authority;
(4) Create a strategic plan for the development or redevelopment of the state-owned property that includes, but is not limited to, the following elements:
(a) An examination of the existing uses of the property and an assessment of whether such should change in the future in order for the use of the property to achieve maximum public benefit;
(b) An examination of options for development or redevelopment that include industrial uses only, mixed-use commercial and residential development, and mixed-use light industrial and residential development, as well as the incorporation of community-oriented facilities, and an evaluation of which options would achieve maximum public benefit;
(c) A plan for extensive public engagement throughout the development or redevelopment process, which must include a regular schedule of public meetings and opportunities for public comment; and
(d) A financial plan for the authority that identifies funding sources necessary to carry out the authority's strategic plan;
(5) Use gifts, grants, loans, and other aid from public or private entities to further the development and redevelopment projects identified in the authority's strategic plan; and
(6) Submit a written report to the relevant committees of the legislature by December 1st of each even-numbered year that summarizes the authority's strategic plan and details the progress of the authority in meeting its strategic goals related to development and redevelopment, public engagement, and financial planning.
[ 2022 c 259 s 4.]

catchline: Duties.


title: RCW 43.166.050

text:
The state lands development authority operating account is hereby created in the state treasury. Moneys in the account may be spent only after appropriation. Expenditures from the account may be used only for operating expenses under this chapter.
[ 2022 c 259 s 5.]

catchline: State lands development authority operating account.


title: RCW 43.166.060

text:
The state lands development authority capital account is hereby created in the state treasury. Moneys in the account may be spent only after appropriation. Expenditures from the account may be used only for capital projects under this chapter.
[ 2022 c 259 s 6.]

catchline: State lands development authority capital account.


title: RCW 43.166.800

text:
(1) The legislature finds:
(a) The state of Washington owns a property of approximately 25 acres in size located at 1601 West Armory Way within Seattle's Ballard-Interbay northend manufacturing industrial center and Interbay neighborhood, known as the Interbay property. The Interbay property was transferred to the state of Washington in 1971 with deed limitations which limit use of the property for national guard purposes only. The national guard currently uses the Interbay property for the Seattle readiness center, built in 1974. The national guard has determined that it must relocate from the Interbay property to another site, and an assessment has been completed pursuant to RCW 43.166.010(2)(b). Once the national guard facilities are funded and constructed and the national guard is relocated in a new, fully operational readiness center, and the department of defense has released its use restrictions on the property, the Interbay property will be available for redevelopment.
(b) The formation of a state lands development authority to oversee and manage the redevelopment of the Interbay property will be useful and beneficial to the community within and adjacent to the Interbay neighborhood in the city of Seattle. The legislature intends that the authority be appropriately funded and staffed.
(2)(a) The legislature authorizes the establishment of the Ballard-Interbay state lands development authority, which boundaries are coextensive with the boundaries of the Interbay property.
(b) The Ballard-Interbay state lands development authority is a public body corporate and politic and instrumentality of the state of Washington.
(3) The Ballard-Interbay state lands development authority may exercise its authority in furtherance of projects that are located only within the boundaries of the Interbay property.
(4) The Ballard-Interbay state lands development authority does not have site control or access until after the national guard relocation and may not sell the Interbay property or portions of the Interbay property to another entity.
(5) The affairs of the Ballard-Interbay state lands development authority shall be managed by a board of directors, consisting of the following members:
(a) One member with experience developing workforce or affordable housing;
(b) One member with knowledge of project financing options for public-private partnerships related to housing;
(c) Two members with architectural design and development experience related to industrial and mixed-use zoning;
(d) One member representing the port of Seattle;
(e) One member representing the governor's office;
(f) One member representing the King county council;
(g) One member representing the city of Seattle mayor's office;
(h) One member representing the Seattle city council; and
(i) The director of the department of commerce or the director's designee as an ex officio, nonvoting member.
(6) No member of the board of directors may hold office for more than four years. Board positions must be numbered one through 11 and the terms staggered as follows:
(a) Board members appointed to positions one through five shall serve two-year terms, and if reappointed, may serve no more than one additional two-year term.
(b) Board members initially appointed to positions six through 11 shall serve a three-year term only.
(c) Board members appointed to positions six through 11 after the initial three-year term shall serve two-year terms, and if reappointed, may serve no more than one additional two-year term.
(7) The initial board of directors of the Ballard-Interbay state lands development authority must be appointed by the governor upon recommendation from the legislative delegation from the district in which the boundaries of the authority are contained, as required by RCW 43.166.020(2). With respect to the appointment of subsequent boards of directors, the existing board members must develop a list of candidates for each position and deliver the recommendations to the members of the legislative delegation for the district in which the authority is located. The legislative delegation must present the list of candidates for recommendation to the governor for appointment to the board of directors. In developing the list of candidates, the board of directors must consider racial, gender, and geographic diversity so that the board may reflect the diversity of the community.
(8) In addition to other applicable provisions of law pertaining to conflicts of interest of public officials, no Ballard-Interbay state lands development authority board member, appointive or otherwise, may participate in any decision on any board contract in which the board member has any interests, direct or indirect, with any firm, partnership, corporation, or association that would be the recipient of any gain or benefit resulting from transactions with the state lands development authority. In any instance where the participation occurs, the board shall void the transaction, and the involved member must be subject to whatever sanctions may be provided by law. The board shall frame and adopt a code of ethics for its members, which must be designed to protect the state and its citizens from any unethical conduct by the board.
(9) For purposes of this section, "Interbay property" means a state-owned property with deed limitations indicating it may be used for national guard purposes only located at 1601 West Armory Way, consisting of approximately 25 acres of land within Seattle's Ballard-Interbay northend manufacturing industrial center and Interbay neighborhood.
[ 2022 c 259 s 7.]

catchline: Ballard—Interbay state lands development authority—Authorization.


title: RCW 43.167.003

text:
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
(1) "Community" means a group of people who reside or work in the geographic area established by the community preservation and development authority board or the proposal to create the authority and who currently or historically share a distinct cultural identity or local history.
(2) "Community preservation and development authority" or "authority" means a public body corporate and politic and instrumentality of the state of Washington created by members of an impacted community.
(3) "Constituency" means the general membership of the community preservation and development authority, which membership must be open to all persons eighteen years of age and over who are residents, property owners, employees, or business persons within the geographic boundaries established by the authority or the proposal to create the authority.
(4) "Impacted community" means a community that has been adversely impacted by the construction of, or ongoing operation of, multiple major public facilities, public works, and capital projects with significant public funding or by other land use decisions.
(5) "Major public facilities project, public works project, or capital project with significant public funding" means any capital project whose total cost exceeds ten million dollars. On July 1, 2019, and on July 1st of each odd-numbered year thereafter, the capital project cost threshold must be adjusted by the capital project cost adjustment factor for inflation established by the office of financial management.
[ 2021 c 47 s 1; 2019 c 447 s 3.]
Notes:
Findings—2019 c 447: See note following RCW 43.167.007.


title: RCW 43.167.007

text:
(1) Community preservation and development authorities are hereby created to restore or enhance the health, safety, and economic well-being of communities adversely impacted by the construction of, or ongoing operation of, multiple major public facilities, public works, and capital projects with significant public funding or by other land use decisions.
(2) Community preservation and development authorities must have one or more of the following purposes:
(a) To revitalize, enhance, and preserve the unique character of impacted communities;
(b) To mitigate the adverse effects of multiple major public facilities projects, public works projects, or capital projects with significant public funding, a secure community transition facility as defined in RCW 71.09.020, or other land use decisions;
(c) To restore a local area's sense of community;
(d) To reduce the displacement of community members and businesses;
(e) To stimulate the community's economic vitality;
(f) To enhance public service provisions;
(g) To improve the standard of living of community members; or
(h) To preserve historic buildings or areas by returning them to economically productive uses that are compatible with or enhance their historic character.
[ 2019 c 447 s 2.]
Notes:
Findings—2019 c 447: "The legislature finds that:
(1) Both state and local land use actions, such as the siting of major public facilities, public works, and capital projects with significant public funding, and other land use decisions, generally aim to accrue broad benefits to the people of Washington and local communities.
(2) The local stakeholder community which bears the disproportionate costs of such a land use decision by absorbing the deleterious impacts of the decision are often overlooked or inadequately addressed. These impacts may include dislocation, displacement, and the overall disintegration of an identifiable existing community and its historical and cultural character.
(3) The preservation and restoration of the character of such a community, and the community's historical and cultural character, are important public policy goals that can be achieved through the creation of community preservation and development authorities." [ 2019 c 447 s 1.]

catchline: Purpose.


title: RCW 43.167.008

text:
(1) It is the legislature's specific public policy objective to provide funding pursuant to RCW 82.08.211 to the community preservation and development authorities, as created in this chapter, to promote and enhance the health, safety, and economic well-being of communities adversely impacted by the construction of, or ongoing operation of, multiple major public facilities, public works, and capital projects. It is the intent of the legislature for the joint legislative audit and review committee to conduct a review of the funding and provide its findings to the legislature by December 1, 2034.
(2) The legislature intends to extend the expiration date of this funding if the review finds that the community preservation and development authority:
(a) Increases the economic vitality of the area by providing assistance to struggling small businesses in the area and assisting in the repair of unreinforced masonry that allows businesses to remain in place, increases the safety of residents, and promotes the conversion of unused and underutilized properties to benefit the community;
(b) Enhances the livability of the community by assisting in addressing the litter and debris in streets and alleys and provide remediation to address the impacts of homelessness; and
(c) Addresses housing needs, including funding new low-income and workforce housing units, as well as funding locally based street outreach to support interventions for unhoused residents.
(3) In order to obtain the data necessary to perform the review in subsection (2) of this section, the joint legislative audit and review committee may refer to any data collected by the state.
[ 2026 c 217 s 3.]
Notes:
Expiration date—Effective date—2026 c 217: See notes following RCW 82.08.211.

catchline: Intent. (Expires January 1, 2037.)


title: RCW 43.167.010

text:
(1) The residents, property owners, employees, or business owners of an impacted community may propose formation of a community preservation and development authority. The proposal to form a community preservation and development authority must be presented in writing to the appropriate legislative committee in both the house of representatives and the senate. The proposal must contain proposed general geographic boundaries that will be used to define the community for the purposes of the authority. Proposals presented after January 1, 2020, must identify in its proposal one or more stable revenue sources that (a) have a nexus with the multiple publicly funded facilities or other land use decisions that have adversely impacted the community, and (b) can be used to support future operating or capital projects that will be identified in the strategic plan required under RCW 43.167.030.
(2) Formation of the community preservation and development authority is subject to legislative authorization by statute. The legislature must find that (a) the area within the proposal's geographic boundaries meets the definition of "impacted community" contained in RCW 43.167.003(4) and (b) those persons that have brought forth the proposal are members of the community as defined in RCW 43.167.003(1) and, if the authority were approved, would meet the definition of constituency contained in RCW 43.167.003(3). For proposals brought after January 1, 2020, the legislature must also find that the community has identified one or more stable revenue sources as required in subsection (1) of this section. The legislature may then act to authorize the establishment of the community preservation and development authority in law.
(3) The affairs of a community preservation and development authority shall be managed by a board of directors, consisting of the following members:
(a) Two members who own, operate, or represent businesses within the community;
(b) Two members who reside in the community;
(c) Two members who are involved in providing nonprofit community or social services within the community;
(d) Two members who are involved in the arts and entertainment within the community;
(e) Two members with knowledge of the community's culture and history;
(f) One member who is involved in a nonprofit or public planning organization that directly serves the impacted community; and
(g) Two representatives of the local legislative authority or authorities, as ex officio members.
(4) No member of the board shall hold office for more than six years. Board positions shall be numbered one through nine [thirteen], and the terms staggered as follows:
(a) Board members elected to positions one through five shall serve three-year terms, and if reelected, may serve no more than one additional three-year term.
(b) Board members initially elected to positions six through thirteen shall serve a two-year term, and if reelected, may serve no more than one additional three-year term.
(c) Board members elected to positions six through thirteen after the initially elected members shall serve three-year terms, and if reelected, may serve no more than one additional three-year term.
(5) With respect to an authority's initial board of directors: The state legislative delegation and those proposing formation of the authority shall jointly establish a committee to select the members of the initial board of directors once the authority has received legislative approval as established in subsection (2) of this section. For the purpose of identifying those persons who meet the criteria in subsection (3)(a) through (e) of this section, community shall mean the proposed geographic boundaries as set out in the proposal.
(6) With respect to subsequent elections of an authority's board of directors: A list of candidates shall be developed by the authority's existing board of directors and the election shall be held during the annual local town hall meeting as required in RCW 43.167.030.
[ 2021 c 47 s 2; 2019 c 447 s 4; 2009 c 516 s 1; 2007 c 501 s 3.]
Notes:
Findings—2019 c 447: See note following RCW 43.167.007.

catchline: Formation—Board of directors.