title: RCW 43.385.800

text:
(1) The legislature finds that the history, economy, culture, and future of Washington state are inextricably linked to a vibrant and healthy visitor economy. In order to develop, manage, and promote statewide tourism as part of an existing comprehensive effort to market Washington as a premier travel destination, the legislature declares:
(a) That it is vital to the continued economic well-being and general welfare of the citizens of this state that the tourism industry be supported by:
(i) Enabling the tourism industry to help themselves through an organized, year-around, statewide assessment program designed to support fair, efficient, and sustained promotion and management of Washington as a visitor destination; and
(ii) Enhancing tourism market opportunities and strengthening the industry's long-term competitiveness by increasing travel to and within Washington across leisure, business, and international markets;
(b) That tourism-dependent businesses, including lodging, food and beverage, attractions, recreation, cultural institutions, and retail, operate in a regulatory and funding environment that limits marketing autonomy, creates fragmented promotion efforts, and contributes to Washington's declining market share in a highly competitive global visitor economy;
(c) That it is in the overriding public interest to clearly express support for the tourism sector and its coordinated and orderly growth; to give adequate recognition and operational resources to tourism as a vital component of Washington's export economy and value-added service sector; and to promote, develop, and manage tourism as an essential statewide industry in order to:
(i) Enhance the reputation and image of Washington as a travel destination;
(ii) Increase visitor spending from domestic and international markets; strategically positioning the destination and optimizing the benefits of visitation;
(iii) Protect the public interest by providing destination development that benefits communities, small businesses, tribes, and other stakeholders and educating travelers about respectful, responsible, and sustainable visitation to communities and public and tribal lands;
(iv) Expand tourism-driven economic opportunities, development resources, and community benefits that enhance and do not detract from the unique character of communities, including micro-communities, in urban and rural regions alike;
(v) Support and engage in programs and partnerships that benefit the development, management, marketing, and sustainability of tourism across Washington; and
(vi) Expand the communication, cooperation, and partnership between the public and private sectors to more effectively meet the needs of both; and
(d) That a stable and predictable funding mechanism, developed and governed by the industry through a self-supported assessment, can generate substantial economic returns for the state and empower local businesses, destinations, and communities to compete on a level playing field with neighboring states and national leaders such as California, Oregon, and British Columbia.
(2) The legislature intends that any rules adopted to implement this chapter should be guided by the recommendations developed under section 3, chapter 189, Laws of 2025.
[ 2026 c 229 s 1.]

catchline: Findings—Intent—2026 c 229.


doc_type: statute

jurisdiction: wa

title: RCW 43.386.010

text:
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
(1) "Accountability report" means a report developed in accordance with RCW 43.386.020.
(2) "Enroll," "enrolled," or "enrolling" means the process by which a facial recognition service creates a facial template from one or more images of an individual and adds the facial template to a gallery used by the facial recognition service for recognition or persistent tracking of individuals. It also includes the act of adding an existing facial template directly into a gallery used by a facial recognition service.
(3)(a) "Facial recognition service" means technology that analyzes facial features and is used by a state or local government agency for the identification, verification, or persistent tracking of individuals in still or video images.
(b) "Facial recognition service" does not include: (i) The analysis of facial features to grant or deny access to an electronic device; or (ii) the use of an automated or semiautomated process for the purpose of redacting a recording for release or disclosure outside the law enforcement agency to protect the privacy of a subject depicted in the recording, if the process does not generate or result in the retention of any biometric data or surveillance information.
(4) "Facial template" means the machine-interpretable pattern of facial features that is extracted from one or more images of an individual by a facial recognition service.
(5) "Identification" means the use of a facial recognition service by a state or local government agency to determine whether an unknown individual matches any individual whose identity is known to the state or local government agency and who has been enrolled by reference to that identity in a gallery used by the facial recognition service.
(6) "Legislative authority" means the respective city, county, or other local governmental agency's council, commission, or other body in which legislative powers are vested. For a port district, the legislative authority refers to the port district's port commission. For an airport established pursuant to chapter 14.08 RCW and operated by a board, the legislative authority refers to the airport's board. For a state agency, "legislative authority" refers to the technology services board created in RCW 43.105.285.
(7) "Meaningful human review" means review or oversight by one or more individuals who are trained in accordance with RCW 43.386.060 and who have the authority to alter the decision under review.
(8) "Nonidentifying demographic data" means data that is not linked or reasonably linkable to an identified or identifiable individual, and includes, at a minimum, information about gender, race or ethnicity, age, and location.
(9) "Ongoing surveillance" means using a facial recognition service to track the physical movements of a specified individual through one or more public places over time, whether in real time or through application of a facial recognition service to historical records. It does not include a single recognition or attempted recognition of an individual, if no attempt is made to subsequently track that individual's movement over time after they have been recognized.
(10) "Persistent tracking" means the use of a facial recognition service by a state or local government agency to track the movements of an individual on a persistent basis without identification or verification of that individual. Such tracking becomes persistent as soon as:
(a) The facial template that permits the tracking is maintained for more than forty-eight hours after first enrolling that template; or
(b) Data created by the facial recognition service is linked to any other data such that the individual who has been tracked is identified or identifiable.
(11) "Recognition" means the use of a facial recognition service by a state or local government agency to determine whether an unknown individual matches:
(a) Any individual who has been enrolled in a gallery used by the facial recognition service; or
(b) A specific individual who has been enrolled in a gallery used by the facial recognition service.
(12) "Verification" means the use of a facial recognition service by a state or local government agency to determine whether an individual is a specific individual whose identity is known to the state or local government agency and who has been enrolled by reference to that identity in a gallery used by the facial recognition service.
[ 2020 c 257 s 2.]

license: public-domain-government-work

rule_set: Revised Code of Washington

catchline: Definitions.

code: rcw

unit: section

court: Washington State Legislature


title: RCW 43.386.020

text:
(1) A state or local government agency using or intending to develop, procure, or use a facial recognition service must file with a legislative authority a notice of intent to develop, procure, or use a facial recognition service and specify a purpose for which the technology is to be used. A state or local government agency may commence the accountability report once it files the notice of intent by the legislative authority.
(2) Prior to developing, procuring, or using a facial recognition service, a state or local government agency must produce an accountability report for that service. Each accountability report must include, at minimum, clear and understandable statements of the following:
(a)(i) The name of the facial recognition service, vendor, and version; and (ii) a description of its general capabilities and limitations, including reasonably foreseeable capabilities outside the scope of the proposed use of the agency;
(b)(i) The type or types of data inputs that the technology uses; (ii) how that data is generated, collected, and processed; and (iii) the type or types of data the system is reasonably likely to generate;
(c)(i) A description of the purpose and proposed use of the facial recognition service, including what decision or decisions will be used to make or support it; (ii) whether it is a final or support decision system; and (iii) its intended benefits, including any data or research demonstrating those benefits;
(d) A clear use and data management policy, including protocols for the following:
(i) How and when the facial recognition service will be deployed or used and by whom including, but not limited to, the factors that will be used to determine where, when, and how the technology is deployed, and other relevant information, such as whether the technology will be operated continuously or used only under specific circumstances. If the facial recognition service will be operated or used by another entity on the agency's behalf, the facial recognition service accountability report must explicitly include a description of the other entity's access and any applicable protocols;
(ii) Any measures taken to minimize inadvertent collection of additional data beyond the amount necessary for the specific purpose or purposes for which the facial recognition service will be used;
(iii) Data integrity and retention policies applicable to the data collected using the facial recognition service, including how the agency will maintain and update records used in connection with the service, how long the agency will keep the data, and the processes by which data will be deleted;
(iv) Any additional rules that will govern use of the facial recognition service and what processes will be required prior to each use of the facial recognition service;
(v) Data security measures applicable to the facial recognition service including how data collected using the facial recognition service will be securely stored and accessed, if and why an agency intends to share access to the facial recognition service or the data from that facial recognition service with any other entity, and the rules and procedures by which an agency sharing data with any other entity will ensure that such entities comply with the sharing agency's use and data management policy as part of the data-sharing agreement;
(vi) How the facial recognition service provider intends to fulfill security breach notification requirements pursuant to chapter 19.255 RCW and how the agency intends to fulfill security breach notification requirements pursuant to RCW 42.56.590; and
(vii) The agency's training procedures, including those implemented in accordance with RCW 43.386.060, and how the agency will ensure that all personnel who operate the facial recognition service or access its data are knowledgeable about and able to ensure compliance with the use and data management policy prior to use of the facial recognition service;
(e) The agency's testing procedures, including its processes for periodically undertaking operational tests of the facial recognition service in accordance with RCW 43.386.040;
(f) Information on the facial recognition service's rate of false matches, potential impacts on protected subpopulations, and how the agency will address error rates, determined independently, greater than one percent;
(g) A description of any potential impacts of the facial recognition service on civil rights and liberties, including potential impacts to privacy and potential disparate impacts on marginalized communities, and the specific steps the agency will take to mitigate the potential impacts and prevent unauthorized use of the facial recognition service; and
(h) The agency's procedures for receiving feedback, including the channels for receiving feedback from individuals affected by the use of the facial recognition service and from the community at large, as well as the procedures for responding to feedback.
(3) Prior to finalizing the accountability report, the agency must:
(a) Allow for a public review and comment period;
(b) Hold at least three community consultation meetings; and
(c) Consider the issues raised by the public through the public review and comment period and the community consultation meetings.
(4) The final accountability report must be updated every two years and submitted to a legislative authority.
(5) The final adopted accountability report must be clearly communicated to the public at least ninety days prior to the agency putting the facial recognition service into operational use, posted on the agency's public website, and submitted to a legislative authority. The legislative authority must post each submitted accountability report on its public website.
(6) A state or local government agency seeking to procure a facial recognition service must require vendors to disclose any complaints or reports of bias regarding the service.
(7) An agency seeking to use a facial recognition service for a purpose not disclosed in the agency's existing accountability report must first seek public comment and community consultation on the proposed new use and adopt an updated accountability report pursuant to the requirements contained in this section.
(8) This section does not apply to a facial recognition service under contract as of July 1, 2021. An agency must fulfill the requirements of this section upon renewal or extension of the contract.
[ 2020 c 257 s 3.]

catchline: Notice of intent—Accountability report.


title: RCW 43.386.030

text:
A state or local government agency using a facial recognition service to make decisions that produce legal effects concerning individuals or similarly significant effects concerning individuals must ensure that those decisions are subject to meaningful human review. Decisions that produce legal effects concerning individuals or similarly significant effects concerning individuals means decisions that result in the provision or denial of financial and lending services, housing, insurance, education enrollment, criminal justice, employment opportunities, health care services, or access to basic necessities such as food and water, or that impact civil rights of individuals.
[ 2020 c 257 s 4.]

catchline: Meaningful human review—When required.


title: RCW 43.386.040

text:
Prior to deploying a facial recognition service in the context in which it will be used, a state or local government agency using a facial recognition service to make decisions that produce legal effects on individuals or similarly significant effects on individuals must test the facial recognition service in operational conditions. An agency must take reasonable steps to ensure best quality results by following all guidance provided by the developer of the facial recognition service.
[ 2020 c 257 s 5.]

catchline: Testing—When required.


title: RCW 43.386.050

text:
(1)(a) A state or local government agency that deploys a facial recognition service must require a facial recognition service provider to make available an application programming interface or other technical capability, chosen by the provider, to enable legitimate, independent, and reasonable tests of those facial recognition services for accuracy and unfair performance differences across distinct subpopulations. Such subpopulations are defined by visually detectable characteristics such as: (i) Race, skin tone, ethnicity, gender, age, or disability status; or (ii) other protected characteristics that are objectively determinable or self-identified by the individuals portrayed in the testing data set. If the results of the independent testing identify material unfair performance differences across subpopulations, the provider must develop and implement a plan to mitigate the identified performance differences within ninety days of receipt of such results. For purposes of mitigating the identified performance differences, the methodology and data used in the independent testing must be disclosed to the provider in a manner that allows full reproduction.
(b) Making an application programming interface or other technical capability does not require providers to do so in a manner that would increase the risk of cyberattacks or to disclose proprietary data. Providers bear the burden of minimizing these risks when making an application programming interface or other technical capability available for testing.
(2) Nothing in this section requires a state or local government agency to collect or provide data to a facial recognition service provider to satisfy the requirements in subsection (1) of this section.
[ 2020 c 257 s 6.]

catchline: Performance differences across subpopulations—Testing and mitigation.


title: RCW 43.386.060

text:
A state or local government agency using a facial recognition service must conduct periodic training of all individuals who operate a facial recognition service or who process personal data obtained from the use of a facial recognition service. The training must include, but not be limited to, coverage of:
(1) The capabilities and limitations of the facial recognition service;
(2) Procedures to interpret and act on the output of the facial recognition service; and
(3) To the extent applicable to the deployment context, the meaningful human review requirement for decisions that produce legal effects concerning individuals or similarly significant effects concerning individuals.
[ 2020 c 257 s 7.]

catchline: Training.


title: RCW 43.386.070

text:
(1) A state or local government agency must disclose their use of a facial recognition service on a criminal defendant to that defendant in a timely manner prior to trial.
(2) A state or local government agency using a facial recognition service shall maintain records of its use of the service that are sufficient to facilitate public reporting and auditing of compliance with the agency's facial recognition policies.
(3) In January of each year, any judge who has issued a warrant for the use of a facial recognition service to engage in any surveillance, or an extension thereof, as described in RCW 43.386.080, that expired during the preceding year, or who has denied approval of such a warrant during that year shall report to the administrator for the courts:
(a) The fact that a warrant or extension was applied for;
(b) The fact that the warrant or extension was granted as applied for, was modified, or was denied;
(c) The period of surveillance authorized by the warrant and the number and duration of any extensions of the warrant;
(d) The identity of the applying investigative or law enforcement officer and agency making the application and the person authorizing the application; and
(e) The nature of the public spaces where the surveillance was conducted.
(4) In January of each year, any state or local government agency that has applied for a warrant, or an extension thereof, for the use of a facial recognition service to engage in any surveillance as described in RCW 43.386.080 shall provide to a legislative authority a report summarizing nonidentifying demographic data of individuals named in warrant applications as subjects of surveillance with the use of a facial recognition service.
[ 2020 c 257 s 8.]

catchline: Disclosure to criminal defendants—Retention of records—Reporting of surveillance warrants.


title: RCW 43.386.080

text:
(1) A state or local government agency may not use a facial recognition service to engage in ongoing surveillance, conduct real-time or near real-time identification, or start persistent tracking unless:
(a) A warrant is obtained authorizing the use of the service for those purposes;
(b) Exigent circumstances exist; or
(c) A court order is obtained authorizing the use of the service for the sole purpose of locating or identifying a missing person, or identifying a deceased person. A court may issue an ex parte order under this subsection (1)(c) if a law enforcement officer certifies and the court finds that the information likely to be obtained is relevant to locating or identifying a missing person, or identifying a deceased person.
(2) A state or local government agency may not apply a facial recognition service to any individual based on their religious, political, or social views or activities, participation in a particular noncriminal organization or lawful event, or actual or perceived race, ethnicity, citizenship, place of origin, immigration status, age, disability, gender, gender identity, sexual orientation, or other characteristic protected by law. This subsection does not condone profiling including, but not limited to, predictive law enforcement tools.
(3) A state or local government agency may not use a facial recognition service to create a record describing any individual's exercise of rights guaranteed by the First Amendment of the United States Constitution and by Article I, section 5 of the state Constitution.
(4) A law enforcement agency that utilizes body worn camera recordings shall comply with the provisions of RCW 42.56.240(14).
(5) A state or local law enforcement agency may not use the results of a facial recognition service as the sole basis to establish probable cause in a criminal investigation. The results of a facial recognition service may be used in conjunction with other information and evidence lawfully obtained by a law enforcement officer to establish probable cause in a criminal investigation.
(6) A state or local law enforcement agency may not use a facial recognition service to identify an individual based on a sketch or other manually produced image.
(7) A state or local law enforcement agency may not substantively manipulate an image for use in a facial recognition service in a manner not consistent with the facial recognition service provider's intended use and training.
[ 2020 c 257 s 11.]

catchline: Use for surveillance, real-time identification, or persistent tracking—When permitted—Restrictions on law enforcement use.


title: RCW 43.386.090

text:
(1) This chapter does not apply to a state or local government agency that: (a) Is mandated to use a specific facial recognition service pursuant to a federal regulation or order, or that are undertaken through partnership with a federal agency to fulfill a congressional mandate; or (b) uses a facial recognition service in association with a federal agency to verify the identity of individuals presenting themselves for travel at an airport or seaport.
(2) A state or local government agency must report to a legislative authority the use of a facial recognition service pursuant to subsection (1) of this section.
[ 2020 c 257 s 9.]

catchline: Exemption—Federal regulations and orders—Airports and seaports.


title: RCW 43.386.100

text:
Nothing in this chapter applies to the use of a facial recognition matching system by the department of licensing pursuant to RCW 46.20.037.
[ 2020 c 257 s 12.]

catchline: Exemption—Department of licensing—Drivers' licenses, permits, and identicards.


title: RCW 43.386.900

text:
The legislature finds that:
(1) Unconstrained use of facial recognition services by state and local government agencies poses broad social ramifications that should be considered and addressed. Accordingly, legislation is required to establish safeguards that will allow state and local government agencies to use facial recognition services in a manner that benefits society while prohibiting uses that threaten our democratic freedoms and put our civil liberties at risk.
(2) However, state and local government agencies may use facial recognition services to locate or identify missing persons, and identify deceased persons, including missing or murdered indigenous women, subjects of Amber alerts and silver alerts, and other possible crime victims, for the purposes of keeping the public safe.
[ 2020 c 257 s 1.]

catchline: Findings—2020 c 257.


title: RCW 43.386.901

text:
Sections 1 through 9 and 11 through 13 of this act take effect July 1, 2021.
[ 2020 c 257 s 14.]

catchline: Effective date—2020 c 257.


title: RCW 43.388.010

text:
(1) The Washington state leadership board is designated a trustee for the state of Washington.
(2) The purpose of the Washington state leadership board is to:
(a) Provide the state a means of extending formal recognition for an individual's outstanding services to the state; and
(b) Expand educational, sports, leadership, and/or employment opportunities for youth, veterans, and people with disabilities in Washington state by administering the following programs:
(i) Washington world fellows;
(ii) Boundless Washington; and
(iii) Compassion scholars.
(3) The Washington state leadership board may conduct activities in support of their mission.
(4)(a) The Washington state leadership board is governed by a board of directors. The board of directors is composed of the governor, the lieutenant governor, and the secretary of state, who serve as ex officio, nonvoting members, and other officers and members as the Washington state leadership board designates. In addition, four legislators may be appointed to the board of directors as ex officio members in the following manner: One legislator from each of the two largest caucuses of the senate, appointed by the president of the senate, and one legislator from each of the two largest caucuses of the house of representatives, appointed by the speaker of the house of representatives.
(b) The Washington state leadership board shall appoint its executive director with the consent of the lieutenant governor. The lieutenant governor may remove an executive director for cause if a majority of the Washington state leadership board votes for removal.
(5) The board of directors shall adopt bylaws and establish governance and transparency policies.
(6) The lieutenant governor's office may provide facilities and administrative support for the Washington state leadership board, where the work of the board aligns with the mission of the office. Assistance from the lieutenant governor's office may include, but is not limited to:
(a) Collaboration with the Washington state leadership board on the Washington world fellows program, a college readiness and study abroad fellowship; and
(b) The compilation of a yearly financial report, which shall be made available to the appropriate committees of the legislature no later than January 15th of each year, detailing all revenues and expenditures associated with the Washington world fellows program.
(7) The legislature may make appropriations in support of the Washington state leadership board subject to the availability of funds.
(8) The Washington state leadership board must post on its website detailed information on all funds received by the board and all expenditures by the board.
(9)(a) The Washington state leadership board may solicit and receive gifts, grants, and endowments from public or private sources that are made for the use or benefit of the board. The board may expend such funds or any income therefrom according to their terms and the purpose of this chapter, including but not limited to advancing the board's mission to cultivate leadership skills in Washington state youth and to strengthen statewide civic engagement, education, and service opportunities.
(b) The executive director of the board shall report such funds received from private sources to the office of financial management on a regular basis.
(c) Funds received from private sources under this subsection shall not be applied to reduce or substitute for the board's budget as appropriated by the legislature, but shall be applied and expended toward projects, programs, and functions authorized by this chapter that were not funded by the legislature.
[ 2026 c 50 s 1; 2022 c 96 s 2; 2021 c 176 s 5222; 2020 c 114 s 18; 2018 c 67 s 1; 2005 c 69 s 1. Formerly RCW 43.15.030, 43.342.010.]
Notes:
Findings—2022 c 96: "The legislature finds that:
(1) The Washington state leadership board has been a nonprofit organization with significant, vested interest in the improvement of Washington state through their service and dedication to marginalized students and their ability to bestow honors on behalf of the state.
(2) There has been a lack of substantive extracurricular activities for historically marginalized students in Washington state to be involved in, and the Washington state leadership board has created equitable and accessible programs for marginalized students to succeed. The Washington state leadership board bridges the gap between student accessibility and student achievement by utilizing public and private funds to create three unique programs for marginalized students: The Washington world fellows program, boundless Washington program, and compassion scholars program.
(3) The Washington world fellows program is a global leadership development program that provides students who may lack access with training that enhances high school academics, supports their trajectory into college, and establishes strong leadership traits. The program includes college preparation through research, mentoring, and preparation for college entrance exams, including the opportunity for students to participate in a global leadership exchange experience.
(4) The boundless Washington program provides an opportunity for students with physical and sensory disabilities to develop leadership skills through the outdoors. Students with physical and sensory disabilities explore the outdoors through immersive excursions that students learn about through online curriculum and practice through outdoor activities with peers.
(5) The compassion scholars program creates life-changing compassion scholars' excursions, with a delegation that includes students, elected officials, and community leaders, that focus on highlighting for high school students the positive work of public servants that have dedicated themselves to improving their community.
(6) The Washington state leadership board has bestowed honors like the Washingtonian of the year and the organization of the year on behalf of the state for over 45 years." [ 2022 c 96 s 1.]
Effective date—2022 c 96: "This act takes effect July 1, 2022." [ 2022 c 96 s 10.]
Effective date—2021 c 176: See note following RCW 24.03A.005.
Effective date—2020 c 114: See note following RCW 28A.175.075.

catchline: Creation—Receipt of gifts, grants, and endowments.


title: RCW 43.388.020

text:
(1) The Washington state leadership board account is created in the state treasury. All receipts from appropriations must be deposited into the account. Moneys in the account may be spent only after appropriation. Expenditures from the account may be used only for the purposes of this chapter.
(2)(a) The Washington state leadership board special license plate account is created in the custody of the state treasurer. All receipts from special license plate disposition under RCW 46.68.420 must be deposited into the account. Expenditures from the account may be used only for the purposes of this chapter. Only the executive director of the Washington state leadership board or the executive director's designee may authorize expenditures from the account. The account is subject to the allotment procedures under chapter 43.88 RCW, but an appropriation is not required for expenditures.
(b) The Washington state leadership board special license plate account may accept gifts, grants, or endowments from public and private sources that are made in trust or otherwise for the use and benefit of the purposes of this chapter.
[ 2022 c 96 s 3.]
Notes:
Findings—Effective date—2022 c 96: See notes following RCW 43.388.010.

catchline: Washington state leadership board account—Washington state leadership board special license plate account.


title: RCW 43.388.030

text:
The Washington state leadership board may use the image of the Washington state flag to promote the mission of the organization as set forth under *RCW 43.15.030. The board retains any revenue generated by the use of the image, when the usage is consistent with the purposes under *RCW 43.15.030.
[ 2020 c 114 s 19; 2005 c 69 s 2. Formerly RCW 43.15.040, 43.342.020.]
Notes:
*Reviser's note: RCW 43.15.030 was recodified as RCW 43.388.010 pursuant to 2022 c 96 s 8.
Effective date—2020 c 114: See note following RCW 28A.175.075.

catchline: Use of state flag.


title: RCW 43.390.010

text:
This chapter may be known and cited as the Washington equitable access to credit act.
[ 2022 c 189 s 1.]

catchline: Short title.


title: RCW 43.390.020

text:
(1) Subject to appropriation, the department of commerce shall create and operate the equitable access to credit program. The purpose of the equitable access to credit program is to award grants to qualified lending institutions, using funds generated by business and occupation tax credits created in RCW 82.04.4499, for the purpose of providing access to credit for historically underserved communities. The equitable access to credit program must be governed by the provisions of this chapter and by any guidelines developed and rules adopted by the department of commerce pursuant to this chapter.
(2) The following requirements apply to the operation of the equitable access to credit program:
(a) No more than 25 percent of all grants awarded in any calendar year may be awarded to the same grant recipient;
(b) Up to 20 percent of an individual grant award may be used by the grant recipient to fund a loan loss reserve, technical assistance, and/or small business training programs;
(c) At least 65 percent of the value of all grants awarded in any calendar year must be provided for native community development financial institution grantees or grantees to provide services or invest, or both, in rural counties as defined in RCW 82.14.370; and
(d) Beginning in fiscal year 2022, up to five percent of the program revenues may be used for all agencies' staffing and other administrative costs related to the implementation of chapter 189, Laws of 2022. In the event that the statewide limit in RCW 82.04.4499(3) is not reached, the percentage used for administration may be increased as necessary to maintain normal staffing operations, not to exceed 10 percent.
(3) In order to receive a grant award under the equitable access to credit program, a qualified lending institution must:
(a) Be recognized by the United States department of the treasury as:
(i) An emerging community development financial institution; or
(ii) A certified community development financial institution;
(b) Match any grant awarded by the equitable access to credit program on:
(i) At least a five percent basis, if the institution is recognized by the United States department of the treasury as an emerging community development financial institution;
(ii) At least a 10 percent basis, if the institution:
(A) Is recognized by the United States department of the treasury as a certified community development financial institution; and
(B) Has net assets of fewer than $3,000,000 at the time of the grant application; or
(iii) At least a 25 percent basis, if the institution:
(A) Is recognized by the United States department of the treasury as a certified emerging community development financial institution; and
(B) Has net assets of $3,000,000 or more at the time of the grant application;
(c) Be registered as a nonprofit organization exempt from taxation under Title 26 U.S.C. Sec. 501(c)(3) of the federal internal revenue code of 1986, as amended, as of June 9, 2022; and
(d) Demonstrate a history of lending in Washington.
(4) The director must appoint members to an advisory board that will assist the department in ranking applications for the grants. The department is encouraged to seek representation from members with relevant expertise, including those from the banking industry familiar with community development financial institutions, rural economic development professionals, local government representatives, and representatives from federally recognized Indian tribes. The department shall seek, to the greatest extent possible, a fair geographic balance.
(5)(a) The following criteria must be considered in ranking applications:
(i) The number and total value of loans and investments closed during the previous five-year period by the qualified lending institution in Washington and the percentage of those loans and investments that went to historically underserved communities;
(ii) Funds leveraged by the proposed grant award, which may be no less than 25 percent for certified community development financial institutions with net assets of $3,000,000 or more at the time of the grant application;
(iii) Projected loan or investment production with the award over the performance period of the grant;
(iv) How the award supports the growth of the qualified lending institution;
(v) Past performance of loans and investments made by the qualified lending institution including, where applicable, past performance of loans and investments made using funds from the equitable access to credit program; and
(vi) Awards to a diversity of qualified lending institution awardees, including institutions of different sizes or with different target markets or products, access to historically underserved communities, or other differentiators that ensure a broad-base access to capital.
(b) The department may also include such additional criteria as it deems helpful in achieving the goal of ensuring access to credit to underserved communities across the state.
(6) Grants may be awarded from the equitable access to credit program beginning six months after the first tax credits are claimed pursuant to RCW 82.04.4499. Grant awards must cease from the equitable access to credit program upon the expiration of this chapter.
(7) No loan or investment made by a qualified lending institution using funds awarded from the equitable access to credit program may have an interest rate that exceeds 200 basis points above the Wall Street Journal prime rate when the loan or investment is made.
(8) Once a loan or investment made by a qualified lending institution using funds awarded from the equitable access to credit program has been repaid, the qualified lending institution must reloan the repaid funds consistent with the terms of this chapter.
(9) A qualified lending institution that receives funds from the equitable access to credit program must submit a report to the department of commerce by June 30th of each year that contains the following information:
(a) A list of loans and investments made using funds from the equitable access to credit program's grant and associated match, including, on a per-borrower or per-investee basis:
(i) The date the loan or investment was originated;
(ii) The amount of the loan or investment;
(iii) The total cost of the project, including owner equity and leverage;
(iv) The interest rate and interest type;
(v) The Wall Street Journal prime rate at the time the loan or investment is made;
(vi) The term;
(vii) The number of permanent full-time equivalent jobs projected to be created in the business due to this financing;
(viii) Whether the loan or investment utilized a guarantee program;
(ix) The North American industry classification system code;
(x) The entity structure;
(xi) Whether the investee or borrower is more than 50 percent owned or controlled by:
(A) One or more minorities;
(B) One or more women; or
(C) One or more low-income persons;
(xii) The race of the primary investee(s) or borrower(s);
(xiii) Whether the primary investee or borrower is Hispanic or Latino; and
(xiv) The location, by city and county, in which funds from the program will be invested;
(b) Certification that each loan or investment made using funds from the program was to a historically underserved community; and
(c) Other information as required by the department of commerce.
(10) No later than September 15th of each year, beginning in 2022, the department of commerce must submit a report to the appropriate committees of the legislature that contains the following information:
(a) The list of grant applicants, total value of grants requested, and the location of each applicant;
(b) The list of grant recipients, total amount of awards, and required match amounts; and
(c) On an aggregate basis, information on loans and investments as reported under subsection (9) of this section.
(11) The department may contract for all or part of the administration of this section.
(12) The department may adopt rules as necessary to implement this section.
[ 2022 c 189 s 3.]

catchline: Equitable access to credit program.


title: RCW 43.390.030

text:
The equitable access to credit program account is created in the custody of the state treasurer. All receipts from contributions to the equitable access to credit program created by this chapter must be deposited in the account. Expenditures from the account may be used only for the award of grants to qualified lending institutions from the equitable access to credit program and administrative costs pursuant to RCW 43.390.020. Only the director of the department of commerce or the director's designee may authorize expenditures from the account. The account is subject to allotment procedures under chapter 43.88 RCW, but an appropriation is not required for expenditures. Any funds remaining in the account upon the expiration of this chapter must be transferred to the state general fund.
[ 2022 c 189 s 4.]

catchline: Equitable access to credit program account.


title: RCW 43.392.010

text:
The legislature finds that in order to meet the statewide greenhouse gas emissions limits in RCW 70A.45.020 and 70A.45.050, the state must drastically reduce vehicle greenhouse gas emissions. A critical strategy to meet those goals is transitioning to zero emissions vehicles and this transition requires ongoing purposeful interagency coordination and cooperation. As such, it is the intent of the legislature to create a formal interagency council responsible for coordinating the state's transportation electrification efforts to ensure the state is leveraging state and federal resources to the best extent possible and to ensure zero emissions incentives, infrastructure, and opportunities are available and accessible to all Washingtonians.
The legislature further finds that in order to meet the statewide greenhouse gas emissions limits in the transportation sector of the economy, more resources must be directed toward achieving zero emissions transportation and transit, while continuing to relieve energy burdens that exist in overburdened communities.
[ 2022 c 182 s 427.]
Notes:
Intent—Effective date—2022 c 182: See notes following RCW 70A.65.240.

catchline: Findings—Intent.


title: RCW 43.392.020

text:
(1) A target is established for the state that all publicly owned and privately owned passenger and light duty vehicles of model year 2030 or later that are sold, purchased, or registered in Washington state be electric vehicles.
(2) On or before December 31, 2023, the interagency electric vehicle coordinating council created in RCW 43.392.030 shall complete a scoping plan for achieving the 2030 target.
[ 2022 c 182 s 415.]
Notes:
Intent—Effective date—2022 c 182: See notes following RCW 70A.65.240.

catchline: Target established—Scoping plan.


title: RCW 43.392.030

text:
(1) There is hereby created an interagency electric vehicle coordinating council jointly led by the Washington state department of commerce and the Washington state department of transportation with participation from the following agencies:
(a) The office of financial management;
(b) The department of ecology;
(c) The department of enterprise services;
(d) The state efficiency and environmental performance office;
(e) The department of agriculture;
(f) The department of health;
(g) The utilities and transportation commission;
(h) A representative from the office of the superintendent of public instruction knowledgeable on issues pertaining to student transportation; and
(i) Other agencies with key roles in electrifying the transportation sector.
(2) The Washington state department of commerce and Washington state department of transportation shall assign staff in each agency to lead the council's coordination work and provide ongoing reports to the governor and legislature including, but not limited to, the transportation, energy, economic development, and other appropriate legislative committees.
[ 2022 c 182 s 428.]
Notes:
Intent—Effective date—2022 c 182: See notes following RCW 70A.65.240.

catchline: Interagency electric vehicle coordinating council.


title: RCW 43.392.040

text:
(1) Interagency electric vehicle coordinating council responsibilities include, but are not limited to:
(a) Development of a statewide transportation electrification strategy to ensure market and infrastructure readiness for all new vehicle sales;
(b) Identification of all electric vehicle infrastructure grant-related funding to include existing and future opportunities, including state, federal, and other funds, and also nongrant-related funding, including revenues generated by an electric utility from credits under the clean fuels program for transportation electrification programs or projects pursuant to RCW 70A.535.080(2);
(c) Coordination of grant funding criteria across agency grant programs to most efficiently distribute state and federal electric vehicle-related funding in a manner that is most beneficial to the state, advances best practices, and recommends additional criteria that could be useful in advancing transportation electrification;
(d) Development of a robust public and private outreach plan that includes engaging with:
(i) Community organizers and the environmental justice council to develop community-driven programs to address zero emissions transportation needs and priorities in overburdened communities; and
(ii) Local governments to explore procurement opportunities and work with local government and community programs to support electrification;
(e) Creation of an industry electric vehicle advisory committee; and
(f) Ensuring the statewide transportation electrification strategy, grant distribution, programs, and activities associated with advancing transportation electrification benefit vulnerable and overburdened communities.
(2) The council shall provide an annual report to the appropriate committees of the legislature summarizing electric vehicle implementation progress, gaps, and resource needs.
[ 2023 c 431 s 13; 2022 c 182 s 429.]
Notes:
Intent—2023 c 431: See note following RCW 46.17.015.
Intent—Effective date—2022 c 182: See notes following RCW 70A.65.240.

catchline: Council responsibilities—Annual report.


title: RCW 43.394.010

text:
(1) The interagency clean energy siting coordinating council is created. The coordinating council is cochaired by the department of commerce and the department of ecology with participation from the following:
(a) The office of the governor;
(b) The energy facility site evaluation council;
(c) The department of fish and wildlife;
(d) The department of agriculture;
(e) The governor's office of Indian affairs;
(f) The department of archaeology and historic preservation;
(g) The department of natural resources;
(h) The department of transportation;
(i) The utilities and transportation commission;
(j) The governor's office for regulatory innovation and assistance;
(k) Staff from the environmental justice council; and
(l) Other state and federal agencies invited by the department of commerce and the department of ecology with key roles in siting clean energy to participate on an ongoing or ad hoc basis.
(2) The department of commerce and department of ecology shall assign staff in each agency to lead the coordinating council's work and provide ongoing updates to the governor and appropriate committees of the legislature, including those with jurisdiction over the environment, energy, or economic development policy.
(3) For purposes of this section and RCW 43.394.020, "coordinating council" means the interagency clean energy siting coordinating council created in this section.
[ 2023 c 230 s 101.]
Notes:
Findings—Intent—2023 c 230: "(1) The legislature finds that efficient and effective siting and permitting of new clean energy projects throughout Washington is necessary to: Fight climate change and achieve the state's greenhouse gas emission limits; improve air quality; grow family-wage clean energy jobs and innovative clean energy businesses that provide economic benefits across the state; and make available secure domestic sources of the clean energy products needed to transition off fossil fuels.
(2) The legislature intends to: Enable more efficient and effective siting and permitting of clean energy projects with policies and investments that protect the environment, overburdened communities, and tribal rights, interests, and resources, including cultural resources; bring benefits to the communities that host clean energy projects; and facilitate the rapid transition to clean energy that is required to avoid the worst impacts of climate change on Washington's people and places. There is no single solution for improved siting and permitting processes. Rather, a variety of efforts and investments will help bring together state, local, tribal, and federal governments, communities, workers, clean energy project developers, and others to succeed in this essential task. The legislature intends to make biennial appropriations to support tribal review of clean energy project proposals, permit applications, and environmental reviews, as well as tribal participation in up-front planning for clean energy projects, such as nonproject environmental impact statements for clean energy projects as described in this act.
(3) Efficient and effective siting and permitting will benefit from early and meaningful community and tribal engagement, and from up-front planning including identification of areas of higher and lower levels of impact, and nonproject environmental review that identifies measures to avoid, minimize, and mitigate project impacts.
(4) Incorporating the principles and strategies identified in subsections (1), (2), and (3) of this section, the legislature intends to invest in, facilitate, and require better coordinated, faster environmental review and permitting decisions by state and local governments.
(5) Therefore, it is the intent of the legislature to support efficient, effective siting and permitting of clean energy projects through a variety of interventions, including:
(a) Establishing an interagency clean energy siting coordinating council to improve siting and permitting of clean energy projects;
(b) Creating a designation for clean energy projects of statewide significance;
(c) Creating a fully coordinated permit process for clean energy projects;
(d) Improving processes for review of clean energy projects under the state environmental policy act;
(e) Requiring preparation of separate nonproject environmental impact statements for green electrolytic and renewable hydrogen projects and colocated battery energy storage facilities, onshore utility-scale wind energy projects and colocated battery energy storage facilities, and for solar energy projects and colocated battery energy storage facilities, with the goal of preparing these nonproject reviews by June 30, 2025; and
(f) Requiring the Washington State University energy program to complete by June 30, 2025, a siting information process for pumped storage projects in Washington." [ 2023 c 230 s 1.]

catchline: Creation—Membership.


title: RCW 43.394.020

text:
(1) The responsibilities of the coordinating council include, but are not limited to:
(a) Identifying actions to improve siting and permitting of clean energy projects as defined in RCW 43.158.010, including through review of the recommendations of the department of ecology and department of commerce's 2022 Low Carbon Energy Facility Siting Improvement Report, creating implementation plans and timelines, and making recommendations for needed funding or policy changes;
(b) Tracking federal government efforts to improve clean energy project siting and permitting, including potential federal funding sources, and identifying state agency actions to improve coordination across state, local, and federal processes or to pursue supportive funding;
(c) Conducting outreach to parties with interests in clean energy siting and permitting for ongoing input on how to improve state agency processes and actions;
(d) Establishing work groups as needed to focus on specific energy types such as solar, wind, battery storage, or emerging technologies, or specific geographies for clean energy project siting;
(e) The creation of advisory committees deemed necessary to inform the development of items identified in (a) through (d) of this subsection;
(f) Supporting the governor's office of Indian affairs in creating and updating annually, or when requested by a federally recognized Indian tribe, a list of contacts at federally recognized Indian tribes, applicable tribal laws on consultation from federally recognized Indian tribes, and tribal preferences regarding outreach about clean energy project siting and permitting, such as outreach by developers directly, by state government in the government-to-government relationship, or both;
(g) Supporting the department of archaeology and historic preservation, the governor's office of Indian affairs, the department of commerce, and the energy facility site evaluation council in developing and providing to clean energy project developers a training on consultation and engagement processes for federally recognized Indian tribes. The governor's office of Indian affairs must collaborate with federally recognized Indian tribes in the development of the training;
(h) Supporting the department of archaeology and historic preservation in updating the statewide predictive archaeological model to provide clean energy project developers information about where archaeological resources are likely to be found and the potential need for archaeological investigations; and
(i) Supporting and promptly providing information to the department of ecology in support of the nonproject reviews required under RCW 43.21C.538.
(2) The coordinating council shall provide an annual report beginning October 1, 2024, to the governor and the appropriate committees of the legislature summarizing: Progress on efficient, effective, and responsible siting and permitting of clean energy projects; areas of additional work, including where clean energy project siting and permitting outcomes are not broadly recognized as efficient, effective, or responsible; resource needs; recommendations for future nonproject environmental impact statements for categories of clean energy projects; and any needed policy changes to help achieve the deployment of clean energy necessary to meet the state's statutory greenhouse gas emissions limits, chapter 70A.45 RCW, and the clean energy transformation act requirements, chapter 19.405 RCW, and to support achieving the state energy strategy adopted by the department of commerce.
(3) The coordinating council shall:
(a) Advise the department of commerce in:
(i) Contracting with an external, independent third party to:
(A) Carry out an evaluation of state agency siting and permitting processes for clean energy projects and related federal and state regulatory requirements, including the energy facility site evaluation council permitting process authorized in chapter 80.50 RCW;
(B) Identify successful models used in other states for the siting and permitting of projects similar to clean energy projects, including local and state government programs to prepare build ready clean energy sites; and
(C) Develop recommendations for improving these processes, including potential policy changes and funding, with the goal of more efficient, effective siting of clean energy projects; and
(ii) Reporting on the evaluation and recommendations in (a)(i) of this subsection to the governor and the legislature by July 1, 2024;
(b) Pursue development of a consolidated clean energy application similar to the joint aquatic resources permit application for, at a minimum, state permits needed for clean energy projects. The department of ecology shall lead this effort and engage with federal agencies and local governments to explore inclusion of federal and local permit applications as part of the consolidated application. The department may design a single consolidated application for multiple clean energy project types, may design separate applications for individual clean energy technologies, or may design an application for related resources. The department of ecology shall provide an update on its development of consolidated permit applications for clean energy projects to the governor and legislature by December 31, 2024. The consolidated permit application process must be available, but not required, for clean energy projects;
(c) Explore development of a consolidated permit for clean energy projects. The department of ecology shall lead this effort and, in consultation with federally recognized Indian tribes, explore options including a clean energy project permit that consolidates department of ecology permits only, or that consolidates permits from multiple state and local agencies. The permit structure must identify criteria or conditions that must be met for projects to use the consolidated permit. The department of ecology may analyze criteria or conditions as part of a nonproject review under chapter 43.21C RCW. The department of ecology shall update the legislature on its evaluation of consolidated permit options and make recommendations by October 1, 2024;
(d) Determine priorities for categories of clean energy projects to be the focus of new nonproject environmental impact statements under chapter 43.21C RCW for the legislature to fund subsequent to the nonproject environmental impact statements specified in RCW 43.21C.535; and
(e) Consider and provide recommendations to the legislature on additional benefits that could be provided to projects designated as clean energy projects of statewide significance under RCW 43.158.030.
[ 2023 c 230 s 102.]
Notes:
Findings—Intent—2023 c 230: See note following RCW 43.394.010.

catchline: Duties—Reports.


title: RCW 43.41.030

text:
The legislature finds that the need for long-range state program planning and for the short-range planning carried on through the budget process, complement each other. The biennial budget submitted to the legislature must be considered in the light of the longer-range plans and goals of the state. The effectiveness of the short-range plan presented as budget proposals, cannot be measured without being aware of these longer-range goals. Thus efficient management requires that the planning and fiscal activities of state government be integrated into a unified process. It is the purpose of this chapter to bring these functions together in a new division of the office of the governor to be called the office of financial management.
[ 1979 c 151 s 109; 1969 ex.s. c 239 s 1.]

catchline: Purpose.


title: RCW 43.41.040

text:
As used in this chapter, unless the context indicates otherwise:
(1) "Office" means the office of financial management.
(2) "Director" means the director of financial management.
(3) "Agency" means and includes every state agency, office, officer, board, commission, department, state institution, or state institution of higher education, which includes all state universities, regional universities, The Evergreen State College, and community and technical colleges.
[ 1993 c 500 s 4; 1979 c 151 s 110; 1969 ex.s. c 239 s 2.]
Notes:
Finding—Severability—Effective date—1993 c 500: See notes following RCW 43.41.180.

catchline: Definitions.


title: RCW 43.41.050

text:
There is created in the office of the governor, the office of financial management which shall be composed of the present central budget agency and the state planning, program management, and population and research divisions of the present *planning and community affairs agency. Any powers, duties and functions assigned to the central budget agency, or any state planning, program management, or population and research functions assigned to the present *planning and community affairs agency by the 1969 legislature, shall be transferred to the office of financial management.
[ 1979 c 151 s 111; 1969 ex.s. c 239 s 3.]
Notes:
*Reviser's note: The "planning and community affairs agency" has been renamed the "department of community, trade, and economic development." The "department of community, trade, and economic development" was renamed the "department of commerce" by 2009 c 565.

catchline: Office of financial management created—Transfer of powers, duties, and functions.


title: RCW 43.41.060

text:
The executive head of the office of financial management shall be the director, who shall be appointed by the governor with the consent of the senate, and who shall serve at the pleasure of the governor. He or she shall be paid a salary to be fixed by the governor in accordance with the provisions of RCW 43.03.040. If a vacancy occurs in his or her position while the senate is not in session, the governor shall make a temporary appointment until the next meeting of the senate, when he or she shall present to that body his or her nomination for the office. The director may delegate such of his or her powers, duties and functions to other officers and employees of the department as he or she may deem necessary to the fulfillment of the purposes of this chapter.
[ 2009 c 549 s 5118; 1979 c 151 s 112; 1969 ex.s. c 239 s 4.]

catchline: Director—Appointment—Salary—Vacancy—Delegation of powers and duties.


title: RCW 43.41.070

text:
The director shall have the power to employ such personnel as may be necessary for the general administration of the office: PROVIDED, That, except as elsewhere specified in this chapter, such employment is in accordance with the rules of the state civil service law, chapter 41.06 RCW.
[ 1969 ex.s. c 239 s 5.]

catchline: Personnel.


title: RCW 43.41.080

text:
The director may appoint such deputy directors and assistant directors as shall be needed to administer the office of financial management. The officers appointed under this section and exempt from the provisions of the state civil service law by the terms of RCW 41.06.075, shall be paid salaries to be fixed by the governor in accordance with the procedure established by law for the fixing of salaries for officers exempt from the operation of the state civil service law.
[ 1979 c 151 s 113; 1969 ex.s. c 239 s 6.]

catchline: Deputy and assistant directors.


title: RCW 43.41.100

text:
The director of financial management shall:
(1) Supervise and administer the activities of the office of financial management.
(2) Exercise all the powers and perform all the duties prescribed by law with respect to the administration of the state budget and accounting system.
(3) Advise the governor and the legislature with respect to matters affecting program management and planning.
(4) Make efficiency surveys of all state departments and institutions, and the administrative and business methods pursued therein, examine into the physical needs and industrial activities thereof, and make confidential reports to the governor, recommending necessary betterments, repairs, and the installation of improved and more economical administrative methods, and advising such action as will result in a greater measure of self-support and remedies for inefficient functioning.
The director may enter into contracts on behalf of the state to carry out the purposes of this chapter; he or she may act for the state in the initiation of or participation in any multi-governmental agency program relative to the purposes of this chapter; and he or she may accept gifts and grants, whether such grants be of federal or other funds.
[ 2009 c 549 s 5119; 1979 c 151 s 114; 1969 ex.s. c 239 s 8.]

catchline: Director's powers and duties.


title: RCW 43.41.102

text:
Subject to a specific appropriation for that purpose, the director of financial management is hereby authorized and directed to contract with the United States bureau of census for collection and tabulation of block statistics in any or all cities and towns.
[ 1979 c 151 s 115; 1977 ex.s. c 128 s 5.]
Notes:
Severability—1977 ex.s. c 128: See note following RCW 29A.16.040.

catchline: Director—Contract for collection and tabulation of census block statistics.


title: RCW 43.41.104

text:
Upon receipt of information from the state auditor as provided in *RCW 43.09.050(5) as now or hereafter amended, the director of financial management shall require all persons who have received any moneys belonging to the state and have not accounted therefor, to settle their accounts and make payment thereof.
[ 1979 c 151 s 116; 1977 ex.s. c 144 s 10.]
Notes:
*Reviser's note: RCW 43.09.050 was amended by 1992 c 118 s 6, changing subsection (5) to subsection (6).

catchline: Settlement and payment of accounts—Duty to require.


title: RCW 43.41.106

text:
The director of financial management may, in his or her discretion, require any person presenting an account for settlement to be sworn before him or her, and to answer, orally or in writing, as to any facts relating to it.
[ 2009 c 549 s 5120; 1979 c 151 s 117; 1977 ex.s. c 144 s 11.]

catchline: Settlement and payment of accounts—Authority to require testimony and evidence.


title: RCW 43.41.109

text:
The director of the office of financial management shall by rule establish a definition of "undue hardship" for the purposes of RCW 1.16.050.
[ 2014 c 168 s 2.]

catchline: "Undue hardship"—Defined by rule.


title: RCW 43.41.110

text:
The office of financial management shall:
(1) Provide technical assistance to the governor and the legislature in identifying needs and in planning to meet those needs through state programs and a plan for expenditures.
(2) Perform the comprehensive planning functions and processes necessary or advisable for state program planning and development, preparation of the budget, inter-departmental and inter-governmental coordination and cooperation, and determination of state capital improvement requirements.
(3) Provide assistance and coordination to state agencies and departments in their preparation of plans and programs.
(4) Provide general coordination and review of plans in functional areas of state government as may be necessary for receipt of federal or state funds.
(5) Participate with other states or subdivisions thereof in interstate planning.
(6) Encourage educational and research programs that further planning and provide administrative and technical services therefor.
(7) Carry out the provisions of RCW 43.62.010 through 43.62.050 relating to the state census.
(8) Be the official state participant in the federal-state cooperative program for local population estimates and as such certify all city and county special censuses to be considered in the allocation of state and federal revenues.
(9) Be the official state center for processing and dissemination of federal decennial or quinquennial census data in cooperation with other state agencies.
(10) Be the official state agency certifying annexations, incorporations, or disincorporations to the United States bureau of the census.
(11) Review all United States bureau of the census population estimates used for federal revenue sharing purposes and provide a liaison for local governments with the United States bureau of the census in adjusting or correcting revenue sharing population estimates.
(12) Provide fiscal notes depicting the expected fiscal impact of proposed legislation in accordance with chapter 43.88A RCW.
(13) Be the official state agency to estimate and manage the cash flow of all public funds as provided in chapter 43.88 RCW. To this end, the office shall adopt such rules as are necessary to manage the cash flow of public funds.
[ 2011 1st sp.s. c 43 s 510; 2002 c 332 s 23; 1981 2nd ex.s. c 4 s 13; 1979 c 10 s 3. Prior: 1977 ex.s. c 110 s 4; 1977 ex.s. c 25 s 6; 1969 ex.s. c 239 s 11.]
Notes:
Effective date—Purpose—2011 1st sp.s. c 43: See notes following RCW 43.19.003.
Intent—Effective date—2002 c 332: See notes following RCW 43.19.760.
Severability—1981 2nd ex.s. c 4: See note following RCW 43.30.325.

catchline: Powers and duties of office of financial management.


title: RCW 43.41.113

text:
(1) The office of financial management shall direct and supervise the personnel policy and application of the civil service laws, chapter 41.06 RCW.
(2) The director or the director's designee has the authority and shall perform the functions as prescribed in chapter 41.06 RCW, or as otherwise prescribed by law.
(3) The director may delegate to any agency the authority to perform administrative and technical personnel activities if the agency requests such authority and the director is satisfied that the agency has the personnel management capabilities to effectively perform the delegated activities. The director shall prescribe standards and guidelines for the performance of delegated activities. If the director determines that an agency is not performing delegated activities within the prescribed standards and guidelines, the director shall withdraw the authority from the agency to perform such activities.
[ 2015 3rd sp.s. c 1 s 321; 2011 1st sp.s. c 43 s 430.]
Notes:
Effective date—Purpose—2011 1st sp.s. c 43: See notes following RCW 43.19.003.

catchline: Personnel policy and application of civil service laws.


title: RCW 43.41.120

text:
The director or the governor may establish such additional advisory or coordinating councils as may be necessary to carry out the purposes of this chapter. Members of such councils shall serve at the pleasure of the governor. They shall receive no compensation for their services, but shall be reimbursed for travel expenses while engaged in business of the councils in accordance with RCW 43.03.050 and 43.03.060 as now existing or hereafter amended.
[1975-'76 2nd ex.s. c 34 s 114; 1969 ex.s. c 239 s 12.]
Notes:
Effective date—Severability—1975-'76 2nd ex.s. c 34: See notes following RCW 2.08.115.

catchline: Advisory or coordinating councils.


title: RCW 43.41.160

text:
(1) It is the purpose of this section to ensure implementation and coordination of chapter 70.14 RCW as well as other legislative and executive policies designed to contain the cost of health care that is purchased or provided by the state. In order to achieve that purpose, the director may:
(a) Establish within the health care authority a health care cost containment program in cooperation with all state agencies;
(b) Implement lawful health care cost containment policies that have been adopted by the legislature or the governor, including appropriation provisos;
(c) Coordinate the activities of all state agencies with respect to health care cost containment policies;
(d) Study and make recommendations on health care cost containment policies;
(e) Monitor and report on the implementation of health care cost containment policies;
(f) Appoint a health care cost containment technical advisory committee that represents state agencies that are involved in the direct purchase, funding, or provision of health care; and
(g) Engage in other activities necessary to achieve the purposes of this section.
(2) All state agencies shall cooperate with the director in carrying out the purpose of this section.
[ 2011 1st sp.s. c 15 s 70; 1986 c 303 s 11.]
Notes:
Effective date—Findings—Intent—Report—Agency transfer—References to head of health care authority—Draft legislation—2011 1st sp.s. c 15: See notes following RCW 74.09.010.
Health care authority: Chapter 41.05 RCW.

catchline: State health care cost containment policies.


title: RCW 43.41.170

text:
The office of financial management shall ensure that to the extent possible the budget process shall allow state agencies implementing energy conservation to retain the resulting cost savings for other purposes, including further energy conservation.
[ 1989 c 11 s 15; 1986 c 325 s 3.]
Notes:
Severability—1989 c 11: See note following RCW 9A.56.220.
Findings—1986 c 325: "The legislature finds that:
(1) Capital investments in energy conservation in buildings can produce significant reductions in energy use, reducing the need to import or extract fossil fuels and lowering the cost of operating buildings.
(2) The state of Washington has an obligation to operate state buildings efficiently and to implement all cost-effective energy conservation measures so that citizens are assured that public funds are spent wisely and so that citizens have an example of the savings possible from energy conservation.
(3) The state has completed energy consumption and walk-through surveys of its buildings and other facilities and has established a schedule for technical assistance studies which is the basis for implementing energy conservation measure installations to meet the milestones in RCW 43.19.680. However, there is uncertainty that the milestones will be met.
(4) The potential savings from energy conservation can be more readily realized by explicitly considering conservation measures and procedures in the state's budgeting and long-range planning process." [ 1986 c 325 s 1.]

catchline: Budgeting process—Agencies implementing energy conservation to retain cost savings.


title: RCW 43.41.180

text:
(1) The office of financial management is authorized to approve the use of electronic and other technological means to transfer both funds and information whenever economically feasible, to eliminate paper documentation wherever possible, and to provide greater fiscal responsibility. This authorization includes but is not limited to the authority to approve use of electronic means to transfer payroll, vendor payments, and benefit payments and acceptance of credit cards, debit cards, and other consumer debt instruments for payment of taxes, licenses, and fees. The office of financial management shall adopt rules under RCW 43.41.110(13) to specify the manner in which electronic and other technological means, including credit cards, are available to state agencies.
(2) No state agency may use electronic or other technological means, including credit cards, without specific continuing authorization from the office of financial management.
[ 1993 c 500 s 2.]
Notes:
Finding—1993 c 500: "The legislature finds that:
(1) Effective and efficient management of the state's cash resources requires expeditious revenue collection, aggregation, and investment of available balances and timely payments;
(2) The use of credit cards, debit cards, and electronic transfers of funds and information are customary and economical business practices to improve cash management that the state should consider and use when appropriate;
(3) Statutory changes are necessary to aid the state in complying with the federal cash management improvement act of 1990; and
(4) The policies, procedures, and practices of cash management should be reviewed and revised as required to ensure that the state achieves the most effective cash management possible." [ 1993 c 500 s 1.]
Severability—1993 c 500: "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." [ 1993 c 500 s 12.]
Effective date—1993 c 500: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect July 1, 1993." [ 1993 c 500 s 13.]

catchline: Electronic funds and information transfer—State agency use.


title: RCW 43.41.260

text:
The health care authority and the office of financial management shall together monitor the enrollee level in the basic health plan and the medicaid caseload of children. The office of financial management shall adjust the funding levels by interagency reimbursement of funds between the basic health plan and medicaid and adjust the funding levels for the health care authority to maximize combined enrollment.
[ 2011 1st sp.s. c 15 s 71; 2009 c 479 s 28; 1995 c 265 s 21.]
Notes:
Effective date—Findings—Intent—Report—Agency transfer—References to head of health care authority—Draft legislation—2011 1st sp.s. c 15: See notes following RCW 74.09.010.
Effective date—2009 c 479: See note following RCW 2.56.030.
Captions not law—Effective dates—Savings—Severability—1995 c 265: See notes following RCW 70.47.015.

catchline: Monitoring enrollee level in basic health plan and medicaid caseload of children—Funding levels adjustment.


title: RCW 43.41.270

text:
(1) The office of financial management shall assist natural resource-related agencies in developing outcome-focused performance measures for administering natural resource-related and environmentally based grant and loan programs. These performance measures are to be used in determining grant eligibility, for program management and performance assessment.
(2) The office of financial management and the recreation and conservation office shall assist natural resource-related agencies in developing recommendations for a monitoring program to measure outcome-focused performance measures required by this section. The recommendations must be consistent with the framework and coordinated monitoring strategy developed by the monitoring oversight committee established in *RCW 77.85.210.
(3) Natural resource agencies shall consult with grant or loan recipients including local governments, tribes, nongovernmental organizations, and other interested parties, and report to the office of financial management on the implementation of this section.
(4) For purposes of this section, "natural resource-related agencies" include the department of ecology, the department of natural resources, the department of fish and wildlife, the state conservation commission, the recreation and conservation funding board, the salmon recovery funding board, and the public works board within the department of commerce.
(5) For purposes of this section, "natural resource-related environmentally based grant and loan programs" includes the conservation reserve enhancement program; dairy nutrient management grants under chapter 90.64 RCW; state conservation commission water quality grants under chapter 89.08 RCW; coordinated prevention grants, public participation grants, and remedial action grants under RCW 70A.305.190; water pollution control facilities financing under chapter 70A.135 RCW; aquatic lands enhancement grants under RCW 79.105.150; habitat grants under the Washington wildlife and recreation program under RCW 79A.15.040; salmon recovery grants under chapter 77.85 RCW; and the public works trust fund program under chapter 43.155 RCW. The term also includes programs administered by the department of fish and wildlife related to protection or recovery of fish stocks which are funded with moneys from the capital budget.
[ 2020 c 20 s 1050; 2009 c 345 s 12. Prior: 2007 c 444 s 7; 2007 c 241 s 5; 2001 c 227 s 2.]
Notes:
*Reviser's note: RCW 77.85.210 was repealed by 2005 c 309 s 10.
Finding—Intent—2009 c 345: See notes following RCW 77.85.030.
Intent—Effective date—2007 c 241: See notes following RCW 79A.25.005.
Findings—Intent—2001 c 227: "The legislature finds that the amount of overall requests for funding for natural resource-related programs in the capital budget has been steadily growing. The legislature also finds that there is an increasing interest by the public in examining the performance of the projects and programs to determine the return on their investments and that a coordinated and integrated response by state agencies will allow for better targeting of resources. The legislature further finds that there is a need to improve the data and the integration of data that is collected by state agencies and grant and loan recipients in order to better measure the outcomes of projects and programs. The legislature intends to begin implementing the recommendations contained in the joint legislative audit and review committee's report number 01-1 on investing in the environment in order to improve the efficiency, effectiveness, and accountability of these natural resource-related programs funded in the state capital budget." [ 2001 c 227 s 1.]

catchline: Natural resource-related and environmentally based grant and loan programs—Administration and monitoring assistance.


title: RCW 43.41.275

text:
(1) By January 31st of each year, state agencies employing one hundred or more people must submit the report described in subsection (2) of this section to the human resources director, with copies to the director of the department of social and health services' division of vocational rehabilitation and the governor's disability employment task force.
(2) The report must include the following information:
(a) The number of employees from the previous fiscal year;
(b) The number of employees classified as individuals with disabilities;
(c) The number of employees that separated from the state agency the previous year;
(d) The number of employees that were hired by the state agency the previous year;
(e) The number of employees hired from the division of vocational rehabilitation services and from the department of the services for the blind the previous year;
(f) The number of planned hires for the current year; and
(g) Opportunities for internships for the department of social and health services' division of vocational rehabilitation and developmental disabilities administration, and the department of the services for the blind client placement, leading to an entry-level position placement upon successful completion for the current year.
[ 2023 c 148 s 4; 2015 c 204 s 3.]
Notes:
Short title—2015 c 204: "This act may be known and cited as the state disability employment parity act." [ 2015 c 204 s 1.]
Findings—Intent—2015 c 204: "The legislature finds that eleven percent of working age adults and thirteen percent of the state's total population consists of persons with disabilities, that persons with disabilities suffer significantly higher rates of unemployment and underemployment than in the general population, and that representation of disabled persons in the state workforce has declined in recent years, but has increased during the last year. The legislature further finds that there is no policy similar to Schedule A in the federal civil service system for priority hiring of persons with disabilities. Therefore, the legislature intends to increase the hiring of persons with disabilities in the state workforce." [ 2015 c 204 s 2.]

catchline: State agency employment—Disability employment—Reporting requirements.


title: RCW 43.41.391

text:
(1) The office has the duty to govern and oversee the technical design, implementation, and operation of the K-20 network including, but not limited to, the following duties: Establishment and implementation of K-20 network technical policy, including technical standards and conditions of use; review and approval of network design; and resolving user/provider disputes.
(2) The office has the following powers and duties:
(a) In cooperation with the educational sectors and other interested parties, to establish goals and measurable objectives for the network;
(b) To ensure that the goals and measurable objectives of the network are the basis for any decisions or recommendations regarding the technical development and operation of the network;
(c) To adopt, modify, and implement policies to facilitate network development, operation, and expansion. Such policies may include but need not be limited to the following issues: Quality of educational services; access to the network by recognized organizations and accredited institutions that deliver educational programming, including public libraries; prioritization of programming within limited resources; prioritization of access to the system and the sharing of technological advances; network security; identification and evaluation of emerging technologies for delivery of educational programs; future expansion or redirection of the system; network fee structures; and costs for the development and operation of the network;
(d) To prepare and submit to the governor and the legislature a coordinated budget for network development, operation, and expansion. The budget shall include the recommendations of the director of Washington technology solutions on (i) any state funding requested for network transport and equipment, distance education facilities and hardware or software specific to the use of the network, and proposed new network end sites, (ii) annual copayments to be charged to public educational sector institutions and other public entities connected to the network, and (iii) charges to nongovernmental entities connected to the network;
(e) To adopt and monitor the implementation of a methodology to evaluate the effectiveness of the network in achieving the educational goals and measurable objectives;
(f) To establish by rule acceptable use policies governing user eligibility for participation in the K-20 network, acceptable uses of network resources, and procedures for enforcement of such policies. The office shall set forth appropriate procedures for enforcement of acceptable use policies, that may include suspension of network connections and removal of shared equipment for violations of network conditions or policies. The office shall have sole responsibility for the implementation of enforcement procedures relating to technical conditions of use.
[ 2024 c 54 s 41; 2015 3rd sp.s. c 1 s 214; 2011 1st sp.s. c 43 s 718. Formerly RCW 43.41A.085.]
Notes:
Effective date—2015 3rd sp.s. c 1 ss 101-109, 201-224, 406-408, 410, 501-507, 601, and 602: See note following RCW 43.105.007.
Effective date—Purpose—2011 1st sp.s. c 43: See notes following RCW 43.19.003.

catchline: K-20 network—Duty to govern and oversee technical design, implementation, and operation.


title: RCW 43.41.392

text:
The office shall maintain, in consultation with the K-20 network users, the K-20 operations cooperative, which shall be responsible for day-to-day network management, technical network status monitoring, technical problem response coordination, and other duties as agreed to by the office and the educational sectors. Funding for the K-20 operations cooperative shall be provided from the education technology revolving fund under *RCW 43.41A.105.
[ 2011 1st sp.s. c 43 s 719. Formerly RCW 43.41A.090.]
Notes:
*Reviser's note: RCW 43.41A.105 was recodified as RCW 43.41.399 pursuant to 2015 3rd sp.s. c 1 s 222.
Effective date—Purpose—2011 1st sp.s. c 43: See notes following RCW 43.19.003.

catchline: K-20 operations cooperative—Maintained by office.


title: RCW 43.41.393

text:
The office, in conjunction with the K-20 network users, shall maintain a technical plan of the K-20 telecommunications system and ongoing system enhancements. The office shall ensure that the technical plan adheres to the goals and objectives established under RCW 43.105.054. The technical plan shall provide for:
(1) A telecommunications backbone connecting educational service districts, the main campuses of public baccalaureate institutions, all of the campuses of public research institutions, and the main campuses of community colleges and technical colleges.
(2)(a) Connection to the K-20 network by entities that include, but need not be limited to: School districts, public higher education off-campus and extension centers, and campuses of community colleges and technical colleges, as prioritized by the chief information officer; (b) distance education facilities and components for entities listed in this subsection and subsection (1) of this section; and (c) connection for independent nonprofit institutions of higher education, provided that:
(i) The office and each independent nonprofit institution of higher education to be connected agree in writing to terms and conditions of connectivity. The terms and conditions shall ensure, among other things, that the provision of K-20 services does not violate Article VIII, section 5 of the state Constitution and that the institution shall adhere to K-20 network policies; and
(ii) The office determines that inclusion of the independent nonprofit institutions of higher education will not significantly affect the network's eligibility for federal universal service fund discounts or subsidies.
(3) Subsequent phases may include, but need not be limited to, connections to public libraries, state and local governments, community resource centers, and the private sector.
[ 2017 c 52 s 14; 2015 3rd sp.s. c 1 s 215; 2011 1st sp.s. c 43 s 720. Formerly RCW 43.41A.095.]
Notes:
Effective date—2015 3rd sp.s. c 1 ss 101-109, 201-224, 406-408, 410, 501-507, 601, and 602: See note following RCW 43.105.007.
Effective date—Purpose—2011 1st sp.s. c 43: See notes following RCW 43.19.003.

catchline: Technical plan of the K-20 telecommunications system and ongoing system enhancements—Contents.


title: RCW 43.41.394

text:
(1) In overseeing the technical aspects of the K-20 network, the office is not intended to duplicate the statutory responsibilities of the student achievement council, the superintendent of public instruction, the state librarian, or the governing boards of the institutions of higher education.
(2) The office may not interfere in any curriculum or legally offered programming offered over the K-20 network.
(3) The responsibility to review and approve standards and common specifications for the K-20 network remains the responsibility of the office under *RCW 43.41A.025.
(4) The coordination of telecommunications planning for the common schools remains the responsibility of the superintendent of public instruction. Except as set forth in *RCW 43.41A.025(2)(f), the office may recommend, but not require, revisions to the superintendent's telecommunications plans.
[ 2012 c 229 s 586; 2011 1st sp.s. c 43 s 721. Formerly RCW 43.41A.100.]
Notes:
*Reviser's note: RCW 43.41A.025 was recodified as RCW 43.105.054 pursuant to 2015 3rd sp.s. c 1 s 221. RCW 43.41A.025 was also amended by 2015 3rd sp.s. c 1 s 108, changing subsection (2)(f) to subsection (2)(e). RCW 43.105.054 was amended by 2024 c 54 s 6, changing subsection (2)(e) to subsection (1)(e).
Effective date—2012 c 229 ss 101, 117, 401, 402, 501 through 594, 601 through 609, 701 through 708, 801 through 821, 902, and 904: See note following RCW 28B.77.005.
Effective date—Purpose—2011 1st sp.s. c 43: See notes following RCW 43.19.003.

catchline: Oversight of technical aspects of K-20 network.


title: RCW 43.41.399

text:
(1) The education technology revolving fund is created in the custody of the state treasurer. All receipts from billings under subsection (2) of this section must be deposited in the revolving fund. Only the director or the director's designee may authorize expenditures from the fund. The revolving fund shall be used to pay for K-20 network operations, transport, equipment, software, supplies, and services, maintenance and depreciation of on-site data, and shared infrastructure, and other costs incidental to the development, operation, and administration of shared educational information technology services, telecommunications, and systems. The revolving fund shall not be used for the acquisition, maintenance, or operations of local telecommunications infrastructure or the maintenance or depreciation of on-premises video equipment specific to a particular institution or group of institutions.
(2) The revolving fund and all disbursements from the revolving fund are subject to the allotment procedure under chapter 43.88 RCW, but an appropriation is not required for expenditures. The office shall, subject to the review and approval of the office of financial management, establish and implement a billing structure for network services identified in subsection (1) of this section.
(3) The office shall charge those public entities connected to the K-20 telecommunications system under RCW 43.41.393 an annual copayment per unit of transport connection as determined by the legislature after consideration of the board's recommendations. This copayment shall be deposited into the revolving fund to be used for the purposes in subsection (1) of this section. It is the intent of the legislature to appropriate to the revolving fund such moneys as necessary to cover the costs for transport, maintenance, and depreciation of data equipment located at the individual public institutions, maintenance and depreciation of the K-20 network backbone, and services provided to the network under RCW 43.41.391.
(4) During the 2025-2027 fiscal biennium, the legislature may transfer from the education technology revolving fund to the general fund such amounts as reflect the excess fund balance of the account.
[ 2026 c 268 s 919; 2015 3rd sp.s. c 1 s 216; 2011 1st sp.s. c 43 s 722; 2004 c 276 s 910; 1999 c 285 s 10; 1997 c 180 s 1. Formerly RCW 43.41A.105, 43.105.835, 28D.02.065.]
Notes:
Effective date—2026 c 268: See note following RCW 28B.15.210.
Effective date—2015 3rd sp.s. c 1 ss 101-109, 201-224, 406-408, 410, 501-507, 601, and 602: See note following RCW 43.105.007.
Effective date—Purpose—2011 1st sp.s. c 43: See notes following RCW 43.19.003.
Severability—Effective date—2004 c 276: See notes following RCW 43.330.167.
Effective date—1997 c 180: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately [April 23, 1997]." [ 1997 c 180 s 3.]

catchline: Education technology revolving fund.