title: RCW 43.79A.040

text:
(1) Money in the treasurer's trust fund may be deposited, invested, and reinvested by the state treasurer in accordance with RCW 43.84.080 in the same manner and to the same extent as if the money were in the state treasury, and may be commingled with moneys in the state treasury for cash management and cash balance purposes.
(2) All income received from investment of the treasurer's trust fund must be set aside in an account in the treasury trust fund to be known as the investment income account.
(3) The investment income account may be utilized for the payment of purchased banking services on behalf of treasurer's trust funds including, but not limited to, depository, safekeeping, and disbursement functions for the state treasurer or affected state agencies. The investment income account is subject in all respects to chapter 43.88 RCW, but no appropriation is required for payments to financial institutions. Payments must occur prior to distribution of earnings set forth in subsection (4) of this section.
(4)(a) Monthly, the state treasurer must distribute the earnings credited to the investment income account to the state general fund except under (b), (c), and (d) of this subsection.
(b) The following accounts and funds must receive their proportionate share of earnings based upon each account's or fund's average daily balance for the period: The 24/7 sobriety account, the Washington promise scholarship account, the Gina Grant Bull memorial legislative page scholarship account, the Rosa Franklin legislative internship program scholarship account, the Washington advanced college tuition payment program account, the Washington college savings program account, the preK promise account, the accessible communities account, the Washington achieving a better life experience program account, the Washington career and college pathways innovation challenge program account, the community and technical college innovation account, the agricultural local fund, the American Indian scholarship endowment fund, the behavioral health loan repayment and scholarship program account, the Billy Frank Jr. national statuary hall collection fund, the foster care scholarship endowment fund, the foster care endowed scholarship trust fund, the contract harvesting revolving account, the Washington state combined fund drive account, the county 911 excise tax account, the county road administration board emergency loan account, the toll collection account, the developmental disabilities endowment trust fund, the energy account, the energy facility site evaluation council account, the fair fund, the family and medical leave insurance account, the Fern Lodge maintenance account, the fish and wildlife federal lands revolving account, the natural resources federal lands revolving account, the food animal veterinarian conditional scholarship account, the forest health revolving account, the fruit and vegetable inspection account, the educator conditional scholarship account, the game farm alternative account, the GET ready for math and science scholarship account, the Washington global health technologies and product development account, the grain inspection revolving fund, the Washington history day account, the industrial insurance rainy day fund, the law enforcement officers' and firefighters' plan 2 expense fund, the local tourism promotion account, the low-income home rehabilitation account, the medication for people living with HIV rebate revenue account, the homeowner recovery account, the wage recovery account, the multiagency permitting team account, the northeast Washington wolf-livestock management account, the pollution liability insurance program trust account, the public use general aviation airport loan revolving account, the regional transportation investment district account, the rural rehabilitation account, the Washington sexual assault kit account, the stadium and exhibition center account, the youth athletic facility account, the self-insurance revolving fund, the children's trust fund, the Washington horse racing commission Washington bred owners' bonus fund and breeder awards account, the Washington horse racing commission class C purse fund account, the individual development account program account, the Washington horse racing commission operating account, the life sciences discovery fund, the Washington state library-archives building account, the reduced cigarette ignition propensity account, the center for deaf and hard of hearing youth account, the school for the blind account, the public employees' and retirees' insurance reserve fund, the school employees' benefits board insurance reserve fund, the public employees' and retirees' insurance account, the school employees' insurance account, the long-term services and supports trust account, the radiation perpetual maintenance fund, the Indian health improvement reinvestment account, the department of licensing tuition recovery trust fund, the student achievement council tuition recovery trust fund, the tuition recovery trust fund, the industrial insurance premium refund account, the mobile home park relocation fund, the natural resources deposit fund, the Washington state health insurance pool account, the federal forest revolving account, the Washington saves administrative trust account, the school zone safety account, the impaired driving safety account, and the library operations account.
(c) The following accounts and funds must receive 80 percent of their proportionate share of earnings based upon each account's or fund's average daily balance for the period: The advance right-of-way revolving fund, the advanced environmental mitigation revolving account, the federal narcotics asset forfeitures account, the high occupancy vehicle account, the local rail service assistance account, and the miscellaneous transportation programs account.
(d) Any state agency that has independent authority over accounts or funds not statutorily required to be held in the custody of the state treasurer that deposits funds into a fund or account in the custody of the state treasurer pursuant to an agreement with the office of the state treasurer shall receive its proportionate share of earnings based upon each account's or fund's average daily balance for the period.
(5) In conformance with Article II, section 37 of the state Constitution, no trust accounts or funds shall be allocated earnings without the specific affirmative directive of this section.
[ 2026 c 255 s 1307; 2026 c 53 s 5; 2026 c 51 s 2. Prior: 2025 c 399 s 13; 2025 c 190 s 3; prior: 2024 c 327 s 16; 2024 c 168 s 10; prior: 2023 c 389 s 8; 2023 c 387 s 2; 2023 c 380 s 6; 2023 c 213 s 9; 2023 c 170 s 19; 2023 c 12 s 2; prior: 2022 c 244 s 3; 2022 c 206 s 8; 2022 c 183 s 16; 2022 c 162 s 6; prior: 2021 c 175 s 10; 2021 c 108 s 5; 2020 c 18 s 2; prior: 2019 c 448 s 10; 2019 c 363 s 21; 2019 c 295 s 225; 2019 c 282 s 7; 2019 c 266 s 26; 2019 c 157 s 4; prior: 2018 c 260 s 28; 2018 c 258 s 4; 2018 c 127 s 6; 2017 3rd sp.s. c 5 s 89; prior: 2017 c 322 s 5; 2017 c 285 s 5; 2017 c 257 s 5; 2017 c 248 s 7; prior: 2016 c 203 s 2; 2016 c 173 s 10; 2016 c 69 s 21; 2016 c 39 s 7; prior: 2013 c 251 s 5; 2013 c 88 s 1; prior: 2012 c 198 s 8; 2012 c 196 s 6; 2012 c 187 s 13; 2012 c 114 s 3; 2011 1st sp.s. c 37 s 603; 2011 c 274 s 4; prior: 2010 1st sp.s. c 19 s 22; 2010 1st sp.s. c 13 s 4; 2010 1st sp.s. c 9 s 6; 2010 c 222 s 4; 2010 c 215 s 7; 2009 c 87 s 4; prior: 2008 c 239 s 9; 2008 c 208 s 9; 2008 c 128 s 20; 2008 c 122 s 24; prior: 2007 c 523 s 5; 2007 c 357 s 21; 2007 c 214 s 14; prior: 2006 c 311 s 21; 2006 c 120 s 2; prior: 2005 c 424 s 18; 2005 c 402 s 8; 2005 c 215 s 10; 2005 c 16 s 2; prior: 2004 c 246 s 8; 2004 c 58 s 10; prior: 2003 c 403 s 9; 2003 c 313 s 10; 2003 c 191 s 7; 2003 c 148 s 15; 2003 c 92 s 8; 2003 c 19 s 12; prior: 2002 c 322 s 5; 2002 c 204 s 7; 2002 c 61 s 6; prior: 2001 c 201 s 4; 2001 c 184 s 4; 2000 c 79 s 45; prior: 1999 c 384 s 8; 1999 c 182 s 2; 1998 c 268 s 1; prior: 1997 c 368 s 8; 1997 c 289 s 13; 1997 c 220 s 221 (Referendum Bill No. 48, approved June 17, 1997); 1997 c 140 s 6; 1997 c 94 s 3; 1996 c 253 s 409; prior: 1995 c 394 s 2; 1995 c 365 s 1; prior: 1993 sp.s. c 8 s 2; 1993 c 500 s 5; 1991 sp.s. c 13 s 82; 1973 1st ex.s. c 15 s 4.]
Notes:
Reviser's note: This section was amended by 2026 c 51 s 2, 2026 c 53 s 5, and by 2026 c 255 s 1307, without reference to one another. All amendments are incorporated in the publication of this section under RCW 1.12.025(2). For rule of construction, see RCW 1.12.025(1).
Expiration dates—2026 c 255 ss 404 and 1307: "(1) Section 1307 of this act expires July 1, 2030.
(2) Section 404 of this act expires July 1, 2031." [ 2026 c 255 s 1406.]
Expiration date—2026 c 53 s 5: "Section 5 of this act expires July 1, 2030." [ 2026 c 53 s 11.]
Expiration date—2026 c 51 s 2: "Section 2 of this act expires July 1, 2030." [ 2026 c 51 s 5.]
Intent—2026 c 255: See note following RCW 82.08.020.
Effective date—2026 c 51 ss 1 and 2: See note following RCW 43.216.552.
Expiration dates—2025 c 399 ss 13 and 15: "(1) Section 13 of this act expires July 1, 2030.
(2) Section 15 of this act expires July 1, 2028." [ 2025 c 399 s 18.]
Effective dates—2025 c 399 ss 1-13, 15, and 17: See note following RCW 72.09.092.
Expiration date—2025 c 190 s 3: "Section 3 of this act expires July 1, 2030." [ 2025 c 190 s 5.]
Expiration date—2024 c 327 s 16: "Section 16 of this act expires July 1, 2030." [ 2024 c 327 s 18.]
Effective dates—2024 c 327 ss 16 and 17: "(1) Section 16 of this act takes effect July 1, 2024.
(2) Section 17 of this act takes effect July 1, 2030." [ 2024 c 327 s 19.]
Conflict with federal requirements—2024 c 327: See note following RCW 19.05.020.
Expiration dates—2024 c 168 ss 10 and 12: "(1) Section 10 of this act expires July 1, 2030.
(2) Section 12 of this act expires July 1, 2028." [ 2024 c 168 s 18.]
Effective dates—2024 c 168 ss 4-13: See note following RCW 41.05.155.
Effective date—2023 c 380 ss 1-6: See note following RCW 43.330.483.
Effective date—2023 c 213 ss 3-9: See note following RCW 18.27.040.
Expiration date—2023 c 170 s 19: "Section 19 of this act expires July 1, 2030." [ 2023 c 170 s 21.]
Effective date—2023 c 12: See note following RCW 43.70.723.
Effective date—2022 c 183: See note following RCW 80.50.010.
Effective date—2022 c 162: See note following RCW 69.50.505.
Findings—Effective date—2021 c 175: See notes following RCW 47.68.430.
Explanatory statement—2020 c 18: "RCW 1.08.025 directs the code reviser, with the approval of the statute law committee, to prepare legislation for submission to the legislature "concerning deficiencies, conflicts, or obsolete provisions" in statutes. This act makes technical, nonsubstantive amendments as follows:
(1) Sections 2 and 3 of this act correct the accounts and funds listed in the code sections providing for interest income by moving misplaced accounts and funds, removing repealed accounts and funds, and making account and fund names more uniform.
(2) Sections 4 and 5 of this act merge double amendments created when sections were amended in the 2019 legislative session without reference to the amendments made in the same session.
(3) Sections 6 through 25 of this act amend sections to reflect changes in subsection numbering of cross-referenced material.
(4) Section 26 of this act updates a reference to a chapter that was renamed as a result of chapter 295, Laws of 2019." [ 2020 c 18 s 1.]
Findings—Intent—2019 c 448: See note following RCW 43.07.405.
Effective date—Findings—Intent—2019 c 295: See notes following RCW 28A.310.235.
Findings—Intent—2019 c 295: See notes following RCW 28B.10.033.
Intent—2019 c 295: See note following RCW 28B.102.030.
Findings—Intent—2019 c 295: See note following RCW 28A.415.265.
Findings—Intent—2019 c 295: See note following RCW 28A.180.120.
Finding—Intent—2019 c 157: See note following RCW 36.78.130.
Effective date—2018 c 258: See note following RCW 79.02.010.
Finding—Intent—2018 c 127: See note following RCW 28A.230.094.
Finding—Intent—2016 c 173: See note following RCW 43.43.545.
Residual balance of funds—Effective date—2013 c 251: See notes following RCW 41.06.280.
Effective date—2012 c 198: See note following RCW 70A.15.5110.
Finding—Effective date—2011 1st sp.s. c 37: See notes following RCW 51.32.090.
Finding—Intent—2011 c 274: See note following RCW 28B.50.515.
Effective dates—2010 1st sp.s. c 19: See note following RCW 82.14B.010.
Effective date—2010 1st sp.s. c 9: See note following RCW 28A.650.035.
Intent—2010 c 222: See note following RCW 43.08.150.
Findings—2010 c 215: See note following RCW 50.40.071.
Effective date—2009 c 87 s 4: "Section 4 of this act takes effect August 1, 2009." [ 2009 c 87 s 5.]
Effective date—2008 c 239: See RCW 19.305.900.
Findings—Intent—2008 c 208: See RCW 28B.121.005.
Effective date—2008 c 128 ss 17-20: See note following RCW 88.16.061.
Effective date—2008 c 122 ss 23 and 24: See note following RCW 47.56.167.
Contingency—2007 c 523: See note following RCW 43.07.128.
Findings—2006 c 311: See note following RCW 36.120.020.
SEED act—Findings—Purpose—Short title—2005 c 402: See RCW 43.31.450 and 43.31.485.
Effective date—2004 c 246: See note following RCW 67.16.270.
Findings—Severability—2003 c 313: See notes following RCW 79.15.500.
Effective date—2003 c 92: See RCW 41.26.906.
Finding—Intent—Short title—2003 c 19: See RCW 28B.133.005 and 28B.133.900.
Effective date—2002 c 322: See note following RCW 15.17.240.
Effective date—2002 c 204: See RCW 28B.119.900.
Effective date—Severability—2000 c 79: See notes following RCW 48.04.010.
Intent—Captions not law—1999 c 384: See notes following RCW 43.330.431.
Findings—Intent—Rules adoption—Severability—Effective date—1997 c 368: See notes following RCW 82.08.810.
Referendum—Other legislation limited—Legislators' personal intent not indicated—Reimbursements for election—Voters' pamphlet, election requirements—1997 c 220: See RCW 36.102.800 through 36.102.803.
Intent—1997 c 140: See note following RCW 47.12.330.
Effective date—1997 c 94: See note following RCW 47.04.210.
Findings—Purpose—Severability—Part headings not law—1996 c 253: See notes following RCW 28B.109.010.
Effective date—1995 c 394: See note following RCW 43.84.092.
Effective date—1995 c 365: "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 June 1, 1995." [ 1995 c 365 s 2.]
Effective date—Application—1993 sp.s. c 8: See note following RCW 43.84.092.
Finding—Severability—Effective date—1993 c 500: See notes following RCW 43.41.180.
Effective dates—1991 sp.s. c 13: See note following RCW 18.04.105.
PDF
RCW 43.79A.040
Management—Income—Investment income account—Distribution. (Effective June 30, 2029, until July 1, 2030.)
(1) Money in the treasurer's trust fund may be deposited, invested, and reinvested by the state treasurer in accordance with RCW 43.84.080 in the same manner and to the same extent as if the money were in the state treasury, and may be commingled with moneys in the state treasury for cash management and cash balance purposes.
(2) All income received from investment of the treasurer's trust fund must be set aside in an account in the treasury trust fund to be known as the investment income account.
(3) The investment income account may be utilized for the payment of purchased banking services on behalf of treasurer's trust funds including, but not limited to, depository, safekeeping, and disbursement functions for the state treasurer or affected state agencies. The investment income account is subject in all respects to chapter 43.88 RCW, but no appropriation is required for payments to financial institutions. Payments must occur prior to distribution of earnings set forth in subsection (4) of this section.
(4)(a) Monthly, the state treasurer must distribute the earnings credited to the investment income account to the state general fund except under (b), (c), and (d) of this subsection.
(b) The following accounts and funds must receive their proportionate share of earnings based upon each account's or fund's average daily balance for the period: The 24/7 sobriety account, the Washington promise scholarship account, the Gina Grant Bull memorial legislative page scholarship account, the Rosa Franklin legislative internship program scholarship account, the Washington advanced college tuition payment program account, the Washington college savings program account, the preK promise account, the accessible communities account, the Washington achieving a better life experience program account, the Washington career and college pathways innovation challenge program account, the community and technical college innovation account, the agricultural local fund, the American Indian scholarship endowment fund, the behavioral health loan repayment and scholarship program account, the Billy Frank Jr. national statuary hall collection fund, the foster care scholarship endowment fund, the foster care endowed scholarship trust fund, the contract harvesting revolving account, the Washington state combined fund drive account, the county 911 excise tax account, the county road administration board emergency loan account, the toll collection account, the developmental disabilities endowment trust fund, the energy account, the energy facility site evaluation council account, the fair fund, the family and medical leave insurance account, the Fern Lodge maintenance account, the fish and wildlife federal lands revolving account, the natural resources federal lands revolving account, the food animal veterinarian conditional scholarship account, the forest health revolving account, the fruit and vegetable inspection account, the educator conditional scholarship account, the game farm alternative account, the GET ready for math and science scholarship account, the Washington global health technologies and product development account, the grain inspection revolving fund, the Washington history day account, the industrial insurance rainy day fund, the law enforcement officers' and firefighters' plan 2 expense fund, the local tourism promotion account, the low-income home rehabilitation account, the medication for people living with HIV rebate revenue account, the homeowner recovery account, the wage recovery account, the multiagency permitting team account, the northeast Washington wolf-livestock management account, the pollution liability insurance program trust account, the public use general aviation airport loan revolving account, the regional transportation investment district account, the restated law enforcement officers' and firefighters' defined benefit retirement fund, the rural rehabilitation account, the Washington sexual assault kit account, the stadium and exhibition center account, the youth athletic facility account, the self-insurance revolving fund, the children's trust fund, the Washington horse racing commission Washington bred owners' bonus fund and breeder awards account, the Washington horse racing commission class C purse fund account, the individual development account program account, the Washington horse racing commission operating account, the life sciences discovery fund, the Washington state library-archives building account, the reduced cigarette ignition propensity account, the center for deaf and hard of hearing youth account, the school for the blind account, the public employees' and retirees' insurance reserve fund, the school employees' benefits board insurance reserve fund, the public employees' and retirees' insurance account, the school employees' insurance account, the long-term services and supports trust account, the radiation perpetual maintenance fund, the Indian health improvement reinvestment account, the department of licensing tuition recovery trust fund, the student achievement council tuition recovery trust fund, the tuition recovery trust fund, the industrial insurance premium refund account, the mobile home park relocation fund, the natural resources deposit fund, the Washington state health insurance pool account, the federal forest revolving account, the Washington saves administrative trust account, the school zone safety account, the impaired driving safety account, and the library operations account.
(c) The following accounts and funds must receive 80 percent of their proportionate share of earnings based upon each account's or fund's average daily balance for the period: The advance right-of-way revolving fund, the advanced environmental mitigation revolving account, the federal narcotics asset forfeitures account, the high occupancy vehicle account, the local rail service assistance account, and the miscellaneous transportation programs account.
(d) Any state agency that has independent authority over accounts or funds not statutorily required to be held in the custody of the state treasurer that deposits funds into a fund or account in the custody of the state treasurer pursuant to an agreement with the office of the state treasurer shall receive its proportionate share of earnings based upon each account's or fund's average daily balance for the period.
(5) In conformance with Article II, section 37 of the state Constitution, no trust accounts or funds shall be allocated earnings without the specific affirmative directive of this section.
[ 2026 c 261 s 461; 2026 c 255 s 1307; 2026 c 53 s 5; 2026 c 51 s 2. Prior: 2025 c 399 s 13; 2025 c 190 s 3; prior: 2024 c 327 s 16; 2024 c 168 s 10; prior: 2023 c 389 s 8; 2023 c 387 s 2; 2023 c 380 s 6; 2023 c 213 s 9; 2023 c 170 s 19; 2023 c 12 s 2; prior: 2022 c 244 s 3; 2022 c 206 s 8; 2022 c 183 s 16; 2022 c 162 s 6; prior: 2021 c 175 s 10; 2021 c 108 s 5; 2020 c 18 s 2; prior: 2019 c 448 s 10; 2019 c 363 s 21; 2019 c 295 s 225; 2019 c 282 s 7; 2019 c 266 s 26; 2019 c 157 s 4; prior: 2018 c 260 s 28; 2018 c 258 s 4; 2018 c 127 s 6; 2017 3rd sp.s. c 5 s 89; prior: 2017 c 322 s 5; 2017 c 285 s 5; 2017 c 257 s 5; 2017 c 248 s 7; prior: 2016 c 203 s 2; 2016 c 173 s 10; 2016 c 69 s 21; 2016 c 39 s 7; prior: 2013 c 251 s 5; 2013 c 88 s 1; prior: 2012 c 198 s 8; 2012 c 196 s 6; 2012 c 187 s 13; 2012 c 114 s 3; 2011 1st sp.s. c 37 s 603; 2011 c 274 s 4; prior: 2010 1st sp.s. c 19 s 22; 2010 1st sp.s. c 13 s 4; 2010 1st sp.s. c 9 s 6; 2010 c 222 s 4; 2010 c 215 s 7; 2009 c 87 s 4; prior: 2008 c 239 s 9; 2008 c 208 s 9; 2008 c 128 s 20; 2008 c 122 s 24; prior: 2007 c 523 s 5; 2007 c 357 s 21; 2007 c 214 s 14; prior: 2006 c 311 s 21; 2006 c 120 s 2; prior: 2005 c 424 s 18; 2005 c 402 s 8; 2005 c 215 s 10; 2005 c 16 s 2; prior: 2004 c 246 s 8; 2004 c 58 s 10; prior: 2003 c 403 s 9; 2003 c 313 s 10; 2003 c 191 s 7; 2003 c 148 s 15; 2003 c 92 s 8; 2003 c 19 s 12; prior: 2002 c 322 s 5; 2002 c 204 s 7; 2002 c 61 s 6; prior: 2001 c 201 s 4; 2001 c 184 s 4; 2000 c 79 s 45; prior: 1999 c 384 s 8; 1999 c 182 s 2; 1998 c 268 s 1; prior: 1997 c 368 s 8; 1997 c 289 s 13; 1997 c 220 s 221 (Referendum Bill No. 48, approved June 17, 1997); 1997 c 140 s 6; 1997 c 94 s 3; 1996 c 253 s 409; prior: 1995 c 394 s 2; 1995 c 365 s 1; prior: 1993 sp.s. c 8 s 2; 1993 c 500 s 5; 1991 sp.s. c 13 s 82; 1973 1st ex.s. c 15 s 4.]
Notes:
Reviser's note: This section was amended by 2026 c 51 s 2, 2026 c 53 s 5, 2026 c 255 s 1307, and by 2026 c 261 s 461, without reference to one another. All amendments are incorporated in the publication of this section under RCW 1.12.025(2). For rule of construction, see RCW 1.12.025(1).
Expiration date—2026 c 261 s 461: "Section 461 of this act expires July 1, 2030." [ 2026 c 261 s 508.]
Expiration dates—2026 c 255 ss 404 and 1307: "(1) Section 1307 of this act expires July 1, 2030.
(2) Section 404 of this act expires July 1, 2031." [ 2026 c 255 s 1406.]
Expiration date—2026 c 53 s 5: "Section 5 of this act expires July 1, 2030." [ 2026 c 53 s 11.]
Expiration date—2026 c 51 s 2: "Section 2 of this act expires July 1, 2030." [ 2026 c 51 s 5.]
Effective date—2026 c 51 ss 1 and 2: See note following RCW 43.216.552.
Effective date—2026 c 261: See note following RCW 41.26A.505.
Intent—2026 c 255: See note following RCW 82.08.020.
Expiration dates—2025 c 399 ss 13 and 15: "(1) Section 13 of this act expires July 1, 2030.
(2) Section 15 of this act expires July 1, 2028." [ 2025 c 399 s 18.]
Effective dates—2025 c 399 ss 1-13, 15, and 17: See note following RCW 72.09.092.
Expiration date—2025 c 190 s 3: "Section 3 of this act expires July 1, 2030." [ 2025 c 190 s 5.]
Expiration date—2024 c 327 s 16: "Section 16 of this act expires July 1, 2030." [ 2024 c 327 s 18.]
Effective dates—2024 c 327 ss 16 and 17: "(1) Section 16 of this act takes effect July 1, 2024.
(2) Section 17 of this act takes effect July 1, 2030." [ 2024 c 327 s 19.]
Conflict with federal requirements—2024 c 327: See note following RCW 19.05.020.
Expiration dates—2024 c 168 ss 10 and 12: "(1) Section 10 of this act expires July 1, 2030.
(2) Section 12 of this act expires July 1, 2028." [ 2024 c 168 s 18.]
Effective dates—2024 c 168 ss 4-13: See note following RCW 41.05.155.
Effective date—2023 c 380 ss 1-6: See note following RCW 43.330.483.
Effective date—2023 c 213 ss 3-9: See note following RCW 18.27.040.
Expiration date—2023 c 170 s 19: "Section 19 of this act expires July 1, 2030." [ 2023 c 170 s 21.]
Effective date—2023 c 12: See note following RCW 43.70.723.
Effective date—2022 c 183: See note following RCW 80.50.010.
Effective date—2022 c 162: See note following RCW 69.50.505.
Findings—Effective date—2021 c 175: See notes following RCW 47.68.430.
Explanatory statement—2020 c 18: "RCW 1.08.025 directs the code reviser, with the approval of the statute law committee, to prepare legislation for submission to the legislature "concerning deficiencies, conflicts, or obsolete provisions" in statutes. This act makes technical, nonsubstantive amendments as follows:
(1) Sections 2 and 3 of this act correct the accounts and funds listed in the code sections providing for interest income by moving misplaced accounts and funds, removing repealed accounts and funds, and making account and fund names more uniform.
(2) Sections 4 and 5 of this act merge double amendments created when sections were amended in the 2019 legislative session without reference to the amendments made in the same session.
(3) Sections 6 through 25 of this act amend sections to reflect changes in subsection numbering of cross-referenced material.
(4) Section 26 of this act updates a reference to a chapter that was renamed as a result of chapter 295, Laws of 2019." [ 2020 c 18 s 1.]
Findings—Intent—2019 c 448: See note following RCW 43.07.405.
Effective date—Findings—Intent—2019 c 295: See notes following RCW 28A.310.235.
Findings—Intent—2019 c 295: See notes following RCW 28B.10.033.
Intent—2019 c 295: See note following RCW 28B.102.030.
Findings—Intent—2019 c 295: See note following RCW 28A.415.265.
Findings—Intent—2019 c 295: See note following RCW 28A.180.120.
Finding—Intent—2019 c 157: See note following RCW 36.78.130.
Effective date—2018 c 258: See note following RCW 79.02.010.
Finding—Intent—2018 c 127: See note following RCW 28A.230.094.
Finding—Intent—2016 c 173: See note following RCW 43.43.545.
Residual balance of funds—Effective date—2013 c 251: See notes following RCW 41.06.280.
Effective date—2012 c 198: See note following RCW 70A.15.5110.
Finding—Effective date—2011 1st sp.s. c 37: See notes following RCW 51.32.090.
Finding—Intent—2011 c 274: See note following RCW 28B.50.515.
Effective dates—2010 1st sp.s. c 19: See note following RCW 82.14B.010.
Effective date—2010 1st sp.s. c 9: See note following RCW 28A.650.035.
Intent—2010 c 222: See note following RCW 43.08.150.
Findings—2010 c 215: See note following RCW 50.40.071.
Effective date—2009 c 87 s 4: "Section 4 of this act takes effect August 1, 2009." [ 2009 c 87 s 5.]
Effective date—2008 c 239: See RCW 19.305.900.
Findings—Intent—2008 c 208: See RCW 28B.121.005.
Effective date—2008 c 128 ss 17-20: See note following RCW 88.16.061.
Effective date—2008 c 122 ss 23 and 24: See note following RCW 47.56.167.
Contingency—2007 c 523: See note following RCW 43.07.128.
Findings—2006 c 311: See note following RCW 36.120.020.
SEED act—Findings—Purpose—Short title—2005 c 402: See RCW 43.31.450 and 43.31.485.
Effective date—2004 c 246: See note following RCW 67.16.270.
Findings—Severability—2003 c 313: See notes following RCW 79.15.500.
Effective date—2003 c 92: See RCW 41.26.906.
Finding—Intent—Short title—2003 c 19: See RCW 28B.133.005 and 28B.133.900.
Effective date—2002 c 322: See note following RCW 15.17.240.
Effective date—2002 c 204: See RCW 28B.119.900.
Effective date—Severability—2000 c 79: See notes following RCW 48.04.010.
Intent—Captions not law—1999 c 384: See notes following RCW 43.330.431.
Findings—Intent—Rules adoption—Severability—Effective date—1997 c 368: See notes following RCW 82.08.810.
Referendum—Other legislation limited—Legislators' personal intent not indicated—Reimbursements for election—Voters' pamphlet, election requirements—1997 c 220: See RCW 36.102.800 through 36.102.803.
Intent—1997 c 140: See note following RCW 47.12.330.
Effective date—1997 c 94: See note following RCW 47.04.210.
Findings—Purpose—Severability—Part headings not law—1996 c 253: See notes following RCW 28B.109.010.
Effective date—1995 c 394: See note following RCW 43.84.092.
Effective date—1995 c 365: "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 June 1, 1995." [ 1995 c 365 s 2.]
Effective date—Application—1993 sp.s. c 8: See note following RCW 43.84.092.
Finding—Severability—Effective date—1993 c 500: See notes following RCW 43.41.180.
Effective dates—1991 sp.s. c 13: See note following RCW 18.04.105.
PDF
RCW 43.79A.040
Management—Income—Investment income account—Distribution. (Effective July 1, 2030.)
(1) Money in the treasurer's trust fund may be deposited, invested, and reinvested by the state treasurer in accordance with RCW 43.84.080 in the same manner and to the same extent as if the money were in the state treasury, and may be commingled with moneys in the state treasury for cash management and cash balance purposes.
(2) All income received from investment of the treasurer's trust fund must be set aside in an account in the treasury trust fund to be known as the investment income account.
(3) The investment income account may be utilized for the payment of purchased banking services on behalf of treasurer's trust funds including, but not limited to, depository, safekeeping, and disbursement functions for the state treasurer or affected state agencies. The investment income account is subject in all respects to chapter 43.88 RCW, but no appropriation is required for payments to financial institutions. Payments must occur prior to distribution of earnings set forth in subsection (4) of this section.
(4)(a) Monthly, the state treasurer must distribute the earnings credited to the investment income account to the state general fund except under (b), (c), and (d) of this subsection.
(b) The following accounts and funds must receive their proportionate share of earnings based upon each account's or fund's average daily balance for the period: The 24/7 sobriety account, the Washington promise scholarship account, the Gina Grant Bull memorial legislative page scholarship account, the Rosa Franklin legislative internship program scholarship account, the Washington advanced college tuition payment program account, the Washington college savings program account, the preK promise account, the accessible communities account, the Washington achieving a better life experience program account, the Washington career and college pathways innovation challenge program account, the community and technical college innovation account, the agricultural local fund, the American Indian scholarship endowment fund, the behavioral health loan repayment and scholarship program account, the Billy Frank Jr. national statuary hall collection fund, the foster care scholarship endowment fund, the foster care endowed scholarship trust fund, the contract harvesting revolving account, the Washington state combined fund drive account, the county 911 excise tax account, the county road administration board emergency loan account, the toll collection account, the developmental disabilities endowment trust fund, the energy account, the energy facility site evaluation council account, the fair fund, the family and medical leave insurance account, the Fern Lodge maintenance account, the fish and wildlife federal lands revolving account, the natural resources federal lands revolving account, the food animal veterinarian conditional scholarship account, the forest health revolving account, the fruit and vegetable inspection account, the educator conditional scholarship account, the game farm alternative account, the GET ready for math and science scholarship account, the Washington global health technologies and product development account, the grain inspection revolving fund, the Washington history day account, the industrial insurance rainy day fund, the law enforcement officers' and firefighters' plan 2 expense fund, the local tourism promotion account, the low-income home rehabilitation account, the medication for people living with HIV rebate revenue account, the homeowner recovery account, the wage recovery account, the multiagency permitting team account, the northeast Washington wolf-livestock management account, the public use general aviation airport loan revolving account, the regional transportation investment district account, the restated law enforcement officers' and firefighters' defined benefit retirement fund, the rural rehabilitation account, the Washington sexual assault kit account, the stadium and exhibition center account, the youth athletic facility account, the self-insurance revolving fund, the children's trust fund, the Washington horse racing commission Washington bred owners' bonus fund and breeder awards account, the Washington horse racing commission class C purse fund account, the individual development account program account, the Washington horse racing commission operating account, the life sciences discovery fund, the Washington state library-archives building account, the reduced cigarette ignition propensity account, the center for deaf and hard of hearing youth account, the school for the blind account, the public employees' and retirees' insurance reserve fund, the school employees' benefits board insurance reserve fund, the public employees' and retirees' insurance account, the school employees' insurance account, the long-term services and supports trust account, the radiation perpetual maintenance fund, the Indian health improvement reinvestment account, the department of licensing tuition recovery trust fund, the student achievement council tuition recovery trust fund, the tuition recovery trust fund, the industrial insurance premium refund account, the mobile home park relocation fund, the natural resources deposit fund, the Washington state health insurance pool account, the federal forest revolving account, the Washington saves administrative trust account, the school zone safety account, the impaired driving safety account, and the library operations account.
(c) The following accounts and funds must receive 80 percent of their proportionate share of earnings based upon each account's or fund's average daily balance for the period: The advance right-of-way revolving fund, the advanced environmental mitigation revolving account, the federal narcotics asset forfeitures account, the high occupancy vehicle account, the local rail service assistance account, and the miscellaneous transportation programs account.
(d) Any state agency that has independent authority over accounts or funds not statutorily required to be held in the custody of the state treasurer that deposits funds into a fund or account in the custody of the state treasurer pursuant to an agreement with the office of the state treasurer shall receive its proportionate share of earnings based upon each account's or fund's average daily balance for the period.
(5) In conformance with Article II, section 37 of the state Constitution, no trust accounts or funds shall be allocated earnings without the specific affirmative directive of this section.
[ 2026 c 261 s 462; 2026 c 255 s 1308; 2026 c 53 s 6; 2026 c 51 s 3. Prior: 2025 c 399 s 14; 2025 c 190 s 4; prior: 2024 c 327 s 17; 2024 c 168 s 11; prior: 2023 c 389 s 8; 2023 c 387 s 2; 2023 c 380 s 6; 2023 c 213 s 9; 2023 c 12 s 2; prior: 2022 c 244 s 3; 2022 c 206 s 8; 2022 c 183 s 16; 2022 c 162 s 6; prior: 2021 c 175 s 10; 2021 c 108 s 5; 2020 c 18 s 2; prior: 2019 c 448 s 10; 2019 c 363 s 21; 2019 c 295 s 225; 2019 c 282 s 7; 2019 c 266 s 26; 2019 c 157 s 4; prior: 2018 c 260 s 28; 2018 c 258 s 4; 2018 c 127 s 6; 2017 3rd sp.s. c 5 s 89; prior: 2017 c 322 s 5; 2017 c 285 s 5; 2017 c 257 s 5; 2017 c 248 s 7; prior: 2016 c 203 s 2; 2016 c 173 s 10; 2016 c 69 s 21; 2016 c 39 s 7; prior: 2013 c 251 s 5; 2013 c 88 s 1; prior: 2012 c 198 s 8; 2012 c 196 s 6; 2012 c 187 s 13; 2012 c 114 s 3; 2011 1st sp.s. c 37 s 603; 2011 c 274 s 4; prior: 2010 1st sp.s. c 19 s 22; 2010 1st sp.s. c 13 s 4; 2010 1st sp.s. c 9 s 6; 2010 c 222 s 4; 2010 c 215 s 7; 2009 c 87 s 4; prior: 2008 c 239 s 9; 2008 c 208 s 9; 2008 c 128 s 20; 2008 c 122 s 24; prior: 2007 c 523 s 5; 2007 c 357 s 21; 2007 c 214 s 14; prior: 2006 c 311 s 21; 2006 c 120 s 2; prior: 2005 c 424 s 18; 2005 c 402 s 8; 2005 c 215 s 10; 2005 c 16 s 2; prior: 2004 c 246 s 8; 2004 c 58 s 10; prior: 2003 c 403 s 9; 2003 c 313 s 10; 2003 c 191 s 7; 2003 c 148 s 15; 2003 c 92 s 8; 2003 c 19 s 12; prior: 2002 c 322 s 5; 2002 c 204 s 7; 2002 c 61 s 6; prior: 2001 c 201 s 4; 2001 c 184 s 4; 2000 c 79 s 45; prior: 1999 c 384 s 8; 1999 c 182 s 2; 1998 c 268 s 1; prior: 1997 c 368 s 8; 1997 c 289 s 13; 1997 c 220 s 221 (Referendum Bill No. 48, approved June 17, 1997); 1997 c 140 s 6; 1997 c 94 s 3; 1996 c 253 s 409; prior: 1995 c 394 s 2; 1995 c 365 s 1; prior: 1993 sp.s. c 8 s 2; 1993 c 500 s 5; 1991 sp.s. c 13 s 82; 1973 1st ex.s. c 15 s 4.]
Notes:
Reviser's note: This section was amended by 2026 c 51 s 3, 2026 c 53 s 6, 2026 c 255 s 1308, and by 2026 c 261 s 462, without reference to one another. All amendments are incorporated in the publication of this section under RCW 1.12.025(2). For rule of construction, see RCW 1.12.025(1).
Effective date—2026 c 261 s 462: "Section 462 of this act takes effect July 1, 2030." [ 2026 c 261 s 509.]
Effective dates—2026 c 255 ss 405 and 1308: "(1) Section 1308 of this act takes effect July 1, 2030.
(2) Section 405 of this act takes effect July 1, 2031." [ 2026 c 255 s 1407.]
Effective date—2026 c 53 s 6: "Section 6 of this act takes effect July 1, 2030." [ 2026 c 53 s 12.]
Effective date—2026 c 51 s 3: "Section 3 of this act takes effect July 1, 2030." [ 2026 c 51 s 6.]
Intent—2026 c 255: See note following RCW 82.08.020.
Effective dates—2025 c 399 ss 14 and 16: "(1) Section 14 of this act takes effect July 1, 2030.
(2) Section 16 of this act takes effect July 1, 2028." [ 2025 c 399 s 19.]
Effective date—2025 c 190 s 4: "Section 4 of this act takes effect July 1, 2030." [ 2025 c 190 s 6.]
Effective dates—2024 c 327 ss 16 and 17: "(1) Section 16 of this act takes effect July 1, 2024.
(2) Section 17 of this act takes effect July 1, 2030." [ 2024 c 327 s 19.]
Conflict with federal requirements—2024 c 327: See note following RCW 19.05.020.
Effective dates—2024 c 168 ss 4-13: See note following RCW 41.05.155.
Effective date—2023 c 380 ss 1-6: See note following RCW 43.330.483.
Effective date—2023 c 12: See note following RCW 43.70.723.
Effective date—2022 c 183: See note following RCW 80.50.010.
Effective date—2022 c 162: See note following RCW 69.50.505.
Findings—Effective date—2021 c 175: See notes following RCW 47.68.430.
Explanatory statement—2020 c 18: "RCW 1.08.025 directs the code reviser, with the approval of the statute law committee, to prepare legislation for submission to the legislature "concerning deficiencies, conflicts, or obsolete provisions" in statutes. This act makes technical, nonsubstantive amendments as follows:
(1) Sections 2 and 3 of this act correct the accounts and funds listed in the code sections providing for interest income by moving misplaced accounts and funds, removing repealed accounts and funds, and making account and fund names more uniform.
(2) Sections 4 and 5 of this act merge double amendments created when sections were amended in the 2019 legislative session without reference to the amendments made in the same session.
(3) Sections 6 through 25 of this act amend sections to reflect changes in subsection numbering of cross-referenced material.
(4) Section 26 of this act updates a reference to a chapter that was renamed as a result of chapter 295, Laws of 2019." [ 2020 c 18 s 1.]
Findings—Intent—2019 c 448: See note following RCW 43.07.405.
Effective date—Findings—Intent—2019 c 295: See notes following RCW 28A.310.235.
Findings—Intent—2019 c 295: See notes following RCW 28B.10.033.
Intent—2019 c 295: See note following RCW 28B.102.030.
Findings—Intent—2019 c 295: See note following RCW 28A.415.265.
Findings—Intent—2019 c 295: See note following RCW 28A.180.120.
Finding—Intent—2019 c 157: See note following RCW 36.78.130.
Effective date—2018 c 258: See note following RCW 79.02.010.
Finding—Intent—2018 c 127: See note following RCW 28A.230.094.
Finding—Intent—2016 c 173: See note following RCW 43.43.545.
Residual balance of funds—Effective date—2013 c 251: See notes following RCW 41.06.280.
Effective date—2012 c 198: See note following RCW 70A.15.5110.
Finding—Effective date—2011 1st sp.s. c 37: See notes following RCW 51.32.090.
Finding—Intent—2011 c 274: See note following RCW 28B.50.515.
Effective dates—2010 1st sp.s. c 19: See note following RCW 82.14B.010.
Effective date—2010 1st sp.s. c 9: See note following RCW 28A.650.035.
Intent—2010 c 222: See note following RCW 43.08.150.
Findings—2010 c 215: See note following RCW 50.40.071.
Effective date—2009 c 87 s 4: "Section 4 of this act takes effect August 1, 2009." [ 2009 c 87 s 5.]
Effective date—2008 c 239: See RCW 19.305.900.
Findings—Intent—2008 c 208: See RCW 28B.121.005.
Effective date—2008 c 128 ss 17-20: See note following RCW 88.16.061.
Effective date—2008 c 122 ss 23 and 24: See note following RCW 47.56.167.
Contingency—2007 c 523: See note following RCW 43.07.128.
Findings—2006 c 311: See note following RCW 36.120.020.
SEED act—Findings—Purpose—Short title—2005 c 402: See RCW 43.31.450 and 43.31.485.
Effective date—2004 c 246: See note following RCW 67.16.270.
Findings—Severability—2003 c 313: See notes following RCW 79.15.500.
Effective date—2003 c 92: See RCW 41.26.906.
Finding—Intent—Short title—2003 c 19: See RCW 28B.133.005 and 28B.133.900.
Effective date—2002 c 322: See note following RCW 15.17.240.
Effective date—2002 c 204: See RCW 28B.119.900.
Effective date—Severability—2000 c 79: See notes following RCW 48.04.010.
Intent—Captions not law—1999 c 384: See notes following RCW 43.330.431.
Findings—Intent—Rules adoption—Severability—Effective date—1997 c 368: See notes following RCW 82.08.810.
Referendum—Other legislation limited—Legislators' personal intent not indicated—Reimbursements for election—Voters' pamphlet, election requirements—1997 c 220: See RCW 36.102.800 through 36.102.803.
Intent—1997 c 140: See note following RCW 47.12.330.
Effective date—1997 c 94: See note following RCW 47.04.210.
Findings—Purpose—Severability—Part headings not law—1996 c 253: See notes following RCW 28B.109.010.
Effective date—1995 c 394: See note following RCW 43.84.092.
Effective date—1995 c 365: "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 June 1, 1995." [ 1995 c 365 s 2.]
Effective date—Application—1993 sp.s. c 8: See note following RCW 43.84.092.
Finding—Severability—Effective date—1993 c 500: See notes following RCW 43.41.180.
Effective dates—1991 sp.s. c 13: See note following RCW 18.04.105.

catchline: Management—Income—Investment income account—Distribution. (Effective until July 1, 2030.)


doc_type: statute

jurisdiction: wa

title: RCW 43.80.100

text:
The definitions in this section apply throughout this chapter unless the context clearly indicates otherwise.
(1) "Bond" has the meaning given in RCW 39.46.020.
(2) "Fiscal agent contract" means the contract entered into by the state finance committee with each designated fiscal agent, as provided in RCW 43.80.120.
(3) "Local government" has the meaning given in RCW 39.46.020.
(4) "Obligation" has the meaning given in RCW 39.46.020.
(5) "State" has the meaning given in RCW 39.46.020.
(6) "State fiscal agents" means those banks or trust companies designated as provided in RCW 43.80.120.
(7) "Treasurer" has the meaning given in RCW 39.46.020.
[ 2016 c 105 s 1; 1984 c 7 s 48; 1969 ex.s. c 80 s 1.]

license: public-domain-government-work

rule_set: Revised Code of Washington

catchline: Definitions.

code: rcw

unit: section

court: Washington State Legislature


title: RCW 43.80.120

text:
The state finance committee may designate one or more responsible banks or trust companies as state fiscal agents. The duties of a state fiscal agent to the state and its local governments may be determined by the state finance committee and may include, without limitation, acting as authenticating agent, transfer agent, registrar, and paying agent for bonds and other obligations of the state and local governments. The state finance committee shall designate state fiscal agents by any method deemed in the best interests of the state and its local governments. On behalf of the state, the state finance committee shall enter into a contract with each designated state fiscal agent, which contract shall set forth the scope of services to be provided by the state fiscal agent and the terms and conditions, including compensation, for the provision of those services.
If no qualified bank or trust company is willing to accept designation as state fiscal agent, or if the state finance committee considers unsatisfactory the terms under which such bank or trust company is willing so to act, the bonds and other obligations normally payable by the state fiscal agent shall thereupon become payable at the state treasury or at the office of the treasurer of the local government, as the case may be.
[ 2016 c 105 s 2; 1969 ex.s. c 80 s 3.]

catchline: Designation of state fiscal agents—Qualifications—Duration of designation—Compensation.


title: RCW 43.80.125

text:
The state treasurer or the treasurer of a local government may appoint a state fiscal agent to act as registrar, authenticating agent, transfer agent, paying agent, or other agent in connection with the issuance by the state or local government of registered bonds or other obligations pursuant to a system of registration as provided by RCW 39.46.030.
[ 2016 c 105 s 3; 1995 c 38 s 10; 1994 c 301 s 14; 1985 c 84 s 3; 1983 c 167 s 11.]
Notes:
Acts of municipal officers ratified and confirmed—1995 c 38: See note following RCW 3.02.045.
Liberal construction—Severability—1983 c 167: See RCW 39.46.010 and note following.

catchline: Appointment of state fiscal agents in connection with registered bonds—Contracting of services.


title: RCW 43.80.150

text:
Neither the state treasurer nor the treasurer or other fiscal officer of any local government shall be held responsible for funds received by a state fiscal agent. The state fiscal agent bears the risk of loss for any funds transferred to it under the fiscal agent contract.
[ 2016 c 105 s 4; 1969 ex.s. c 80 s 6.]

catchline: Treasurers not responsible for funds received—Risk of loss under fiscal agent contract.


title: RCW 43.80.170

text:
The state finance committee may adopt appropriate rules to carry out the purposes of this chapter, including without limitation rules relating to the responsibilities of state fiscal agents and the responsibilities of the state and local governments with respect to state fiscal agents.
[ 2016 c 105 s 5.]

catchline: Rule-making authority.


title: RCW 43.80.900

text:
This act shall take effect on April 1, 1971, or at such time that the present fiscal agent agreement, contracted through April 1, 1971, is abrogated.
[ 1969 ex.s. c 80 s 8.]

catchline: Effective date—1969 ex.s. c 80.


title: RCW 43.81.010

text:
The legislature recognizes that significant benefits accrue to the state and that certain types of state operations are more efficient when personnel services are available on an extended basis. Such operations include certain types of facilities managed by agencies such as the departments of natural resources, corrections, fish and wildlife, social and health services, transportation, and veterans affairs, and the parks and recreation commission.
The means of assuring that such personnel are available on an extended basis is through the establishment of on-site state-owned or leased living facilities. The legislature also recognizes the restrictions and hardship placed upon those personnel who are required to reside in such state-owned or leased living facilities in order to provide extended personnel services.
The legislature further recognizes that there are instances where it is to the benefit of the state to have state-owned or leased living facilities occupied even though such occupancy is not required by the agency as a condition of employment.
[ 1994 c 264 s 27; 1988 c 36 s 19; 1985 c 463 s 1.]

catchline: Legislative declaration.


title: RCW 43.81.020

text:
(1) Whenever an agency requires that an employee reside in state-owned or leased living facilities as a condition of employment, such living facilities shall be made available to the employee under the conditions set forth in RCW 43.81.030 and 43.81.040.
(2) Whenever an agency determines that (a) a living facility owned or leased by the agency is not occupied by employees under subsection (1) of this section and (b) it would be to the agency's benefit to have the facility occupied by an employee of the agency whose duties involve extended personnel services associated with the worksite upon which the living facility is located or at worksite near to where the living facility is located, the agency may make the facility available to such employee.
(3) Whenever an agency determines that (a) a living facility owned or leased by the agency is not occupied by employees under subsection (1) of this section and (b) the facility has been made available to employees under subsection (2) of this section and that no such employees have opted to reside in the facility, the agency may make the facility available for occupancy to other interested parties.
[ 1985 c 463 s 2.]

catchline: Availability of state-owned or leased living facilities.


title: RCW 43.81.030

text:
(1) No rent may be charged to persons living in facilities provided under RCW 43.81.020(1). Such employees shall pay the costs of utilities associated with the living facility.
(2) Any person occupying state-owned or leased living facilities shall do so with the understanding that he or she assumes custodial housekeeping responsibility as directed by the agency. Such responsibility shall not include maintenance, repairs, or improvements to the facilities. An occupant of a state-owned or leased facility is liable for damages to the facility in excess of normal wear and tear.
[ 1989 c 11 s 16; 1985 c 463 s 3.]
Notes:
Severability—1989 c 11: See note following RCW 9A.56.220.

catchline: Rent—Custodial housekeeping—Damages.


title: RCW 43.81.040

text:
The state shall maintain living facilities occupied under RCW 43.81.020 in a safe, healthful condition.
[ 1985 c 463 s 4.]

catchline: Maintenance in safe, healthful condition.


title: RCW 43.82.010

text:
(1) The director of enterprise services, on behalf of the agency involved and after consultation with the office of financial management, shall purchase, lease, lease purchase, rent, or otherwise acquire all real estate, improved or unimproved, as may be required by elected state officials, institutions, departments, commissions, boards, and other state agencies, or federal agencies where joint state and federal activities are undertaken and may grant easements and transfer, exchange, sell, lease, or sublease all or part of any surplus real estate for those state agencies which do not otherwise have the specific authority to dispose of real estate. Any such transfer, exchange, or sale must comply with RCW 43.17.400, and may be made in accordance with RCW 39.33.015. This section does not transfer financial liability for the acquired property to the department of enterprise services.
(2) Except for real estate occupied by federal agencies, the director shall determine the location, size, and design of any real estate or improvements thereon acquired or held pursuant to subsection (1) of this section. Facilities acquired or held pursuant to this chapter, and any improvements thereon, shall conform to standards adopted by the director and approved by the office of financial management governing facility efficiency unless a specific exemption from such standards is provided by the director of enterprise services. The director of enterprise services shall report to the office of financial management and the appropriate committees of the legislature annually on any exemptions granted pursuant to this subsection.
(3) Except for leases permitted under subsection (4) of this section, the director of enterprise services may fix the terms and conditions of each lease entered into under this chapter, except that no lease shall extend greater than twenty years in duration. The director of enterprise services may enter into a long-term lease greater than ten years in duration upon a determination by the director of the office of financial management that the long-term lease provides a more favorable rate than would otherwise be available, it appears to a substantial certainty that the facility is necessary for use by the state for the full length of the lease term, and the facility meets the standards adopted pursuant to subsection (2) of this section. The director of enterprise services may enter into a long-term lease greater than ten years in duration if an analysis shows that the life-cycle cost of leasing the facility is less than the life-cycle cost of purchasing or constructing a facility in lieu of leasing the facility.
(4)(a) The director of enterprise services may fix the terms of leases for property under the department of enterprise services' control at the former Northern State Hospital site for up to sixty years.
(b) During the 2023-2025 fiscal biennium, the state board for community and technical colleges on behalf of North Seattle Community College may enter into a long-term lease, not to exceed 99 years, of a portion of the North Seattle Community College for purposes of affordable housing under RCW 39.33.015.
(5) Except as permitted under chapter 39.94 RCW, no lease for or on behalf of any state agency may be used or referred to as collateral or security for the payment of securities offered for sale through a public offering. Except as permitted under chapter 39.94 RCW, no lease for or on behalf of any state agency may be used or referred to as collateral or security for the payment of securities offered for sale through a private placement without the prior written approval of the state treasurer. However, this limitation shall not prevent a lessor from assigning or encumbering its interest in a lease as security for the repayment of a promissory note provided that the transaction would otherwise be an exempt transaction under RCW 21.20.320. The state treasurer shall adopt rules that establish the criteria under which any such approval may be granted. In establishing such criteria the state treasurer shall give primary consideration to the protection of the state's credit rating and the integrity of the state's debt management program. If it appears to the state treasurer that any lease has been used or referred to in violation of this subsection or rules adopted under this subsection, then he or she may recommend that the governor cause such lease to be terminated. The department of enterprise services shall promptly notify the state treasurer whenever it may appear to the department that any lease has been used or referred to in violation of this subsection or rules adopted under this subsection.
(6) It is the policy of the state to encourage the colocation and consolidation of state services into single or adjacent facilities, whenever appropriate, to improve public service delivery, minimize duplication of facilities, increase efficiency of operations, and promote sound growth management planning.
(7) The director of enterprise services shall provide coordinated long-range planning services to identify and evaluate opportunities for colocating and consolidating state facilities. Upon the renewal of any lease, the inception of a new lease, or the purchase of a facility, the director of enterprise services shall determine whether an opportunity exists for colocating the agency or agencies in a single facility with other agencies located in the same geographic area. If a colocation opportunity exists, the director of enterprise services shall consult with the affected state agencies and the office of financial management to evaluate the impact colocation would have on the cost and delivery of agency programs, including whether program delivery would be enhanced due to the centralization of services. The director of enterprise services, in consultation with the office of financial management, shall develop procedures for implementing colocation and consolidation of state facilities.
(8) The director of enterprise services is authorized to purchase, lease, rent, or otherwise acquire improved or unimproved real estate as owner or lessee and to lease or sublet all or a part of such real estate to state or federal agencies. The director of enterprise services shall charge each using agency its proportionate rental which shall include an amount sufficient to pay all costs, including, but not limited to, those for utilities, janitorial and accounting services, and sufficient to provide for contingencies; which shall not exceed five percent of the average annual rental, to meet unforeseen expenses incident to management of the real estate.
(9) If the director of enterprise services determines that it is necessary or advisable to undertake any work, construction, alteration, repair, or improvement on any real estate acquired pursuant to subsection (1) or (8) of this section, the director shall cause plans and specifications thereof and an estimate of the cost of such work to be made and filed in his or her office and the state agency benefiting thereby is hereby authorized to pay for such work out of any available funds: PROVIDED, That the cost of executing such work shall not exceed the sum of twenty-five thousand dollars. Work, construction, alteration, repair, or improvement in excess of twenty-five thousand dollars, other than that done by the owner of the property if other than the state, shall be performed in accordance with the public works law of this state.
(10) In order to obtain maximum utilization of space, the director of enterprise services shall make space utilization studies, and shall establish standards for use of space by state agencies. Such studies shall include the identification of opportunities for colocation and consolidation of state agency office and support facilities.
(11) The director of enterprise services may construct new buildings on, or improve existing facilities, and furnish and equip, all real estate under his or her management. Prior to the construction of new buildings or major improvements to existing facilities or acquisition of facilities using a lease purchase contract, the director of enterprise services shall conduct an evaluation of the facility design and budget using life-cycle cost analysis, value-engineering, and other techniques to maximize the long-term effectiveness and efficiency of the facility or improvement.
(12) All conveyances and contracts to purchase, lease, rent, transfer, exchange, or sell real estate and to grant and accept easements shall be approved as to form by the attorney general, signed by the director of enterprise services or the director's designee, and recorded with the county auditor of the county in which the property is located.
(13) The director of enterprise services may delegate any or all of the functions specified in this section to any agency upon such terms and conditions as the director deems advisable. By January 1st of each year, beginning January 1, 2008, the department shall submit an annual report to the office of financial management and the appropriate committees of the legislature on all delegated leases.
(14) This section does not apply to the acquisition of real estate by:
(a) The state college and universities for research or experimental purposes;
(b) The state liquor and cannabis board for liquor stores and warehouses;
(c) The department of natural resources, the department of fish and wildlife, the department of transportation, and the state parks and recreation commission for purposes other than the leasing of offices, warehouses, and real estate for similar purposes; and
(d) The department of commerce for community college health career training programs, offices for the department of commerce or other appropriate state agencies, and other nonprofit community uses, including community meeting and training facilities, where the real estate is acquired during the 2013-2015 fiscal biennium.
(15) Notwithstanding any provision in this chapter to the contrary, the department of enterprise services may negotiate ground leases for public lands on which property is to be acquired under a financing contract pursuant to chapter 39.94 RCW under terms approved by the state finance committee.
(16) The department of enterprise services shall report annually to the office of financial management and the appropriate fiscal committees of the legislature on facility leases executed for all state agencies for the preceding year, lease terms, and annual lease costs. The report must include leases executed under RCW 43.82.045 and subsection (13) of this section.
[ 2023 c 474 s 8032; 2018 c 217 s 7; 2015 c 99 s 1; 2013 2nd sp.s. c 4 s 981; 2007 c 506 s 8; 2004 c 277 s 906; 1997 c 117 s 1. Prior: 1994 c 264 s 28; 1994 c 219 s 7; 1990 c 47 s 1; 1988 c 36 s 20; 1982 c 41 s 1; 1969 c 121 s 1; 1967 c 229 s 1; 1965 c 8 s 43.82.010; prior: 1961 c 184 s 1; 1959 c 255 s 1.]
Notes:
Conflict with federal requirements—Effective date—2023 c 474: See notes following RCW 28A.320.330.
Effective dates—2013 2nd sp.s. c 4: See note following RCW 2.68.020.
Findings—Intent—2007 c 506: See note following RCW 43.82.035.
Severability—Effective dates—2004 c 277: See notes following RCW 89.08.550.
Finding—1994 c 219: See note following RCW 43.88.030.
Effective dates—1982 c 41: "This act shall take effect July 1, 1982, with the exception of section 2 of this act, which shall take effect July 1, 1983." [ 1982 c 41 s 3.]
Departments to share occupancy costs—Capital projects surcharge: RCW 43.01.090.
East capitol site, acquisition and development: RCW 79.24.500 through 79.24.530.
Public works: Chapter 39.04 RCW.
Use of enterprise services account in acquiring real estate: RCW 43.19.500.

catchline: Acquisition, lease, and disposal of real estate for state agencies—Long-range planning—Use of lease as collateral or security—Colocation and consolidation—Studies—Delegation of functions—Exemptions.


title: RCW 43.82.020

text:
The acquisition of real estate, and use thereof, shall be subject to the approval of the state capitol committee when the real estate is located in Thurston county.
[ 1965 c 8 s 43.82.020. Prior: 1961 c 184 s 2; 1959 c 255 s 2.]

catchline: Approval by capitol committee when real estate located in Thurston county.


title: RCW 43.82.030

text:
The acquisition of any real property or any rights or interests therein for the purpose of this chapter is hereby declared to be for a public use. In furtherance of the purposes of this chapter, the right of eminent domain may be exercised as provided for in chapter 8.04 RCW.
[ 1965 c 8 s 43.82.030. Prior: 1959 c 255 s 3.]

catchline: Acquisition of property and rights declared public use—Eminent domain.


title: RCW 43.82.035

text:
(1) The office of financial management shall design and implement a modified predesign process for any space request to lease, purchase, or build facilities that involve (a) the housing of new state programs, (b) a major expansion of existing state programs, or (c) the relocation of state agency programs. This includes the consolidation of multiple state agency tenants into one facility. The office of financial management shall define facilities that meet the criteria described in (a) and (b) of this subsection.
(2) State agencies shall submit modified predesigns to the office of financial management and the legislature. Modified predesigns must include a problem statement, an analysis of alternatives to address programmatic and space requirements, proposed locations, and a financial assessment. For proposed projects of twenty thousand gross square feet or less, the agency may provide a cost-benefit analysis, rather than a life-cycle cost analysis, as determined by the office of financial management.
(3) Projects that meet the capital requirements for predesign on major capital construction projects pursuant to RCW 43.88.110 shall not be required to prepare a modified predesign.
(4) The office of financial management shall require state agencies to identify plans for major leased facilities as part of the ten-year capital budget plan. State agencies shall not enter into new or renewed leases of more than one million dollars per year unless such leases have been approved by the office of financial management except when the need for the lease is due to an unanticipated emergency. The regular termination date on an existing lease does not constitute an emergency. The department of enterprise services shall notify the office of financial management and the appropriate legislative fiscal committees if an emergency situation arises.
(5) For project proposals in which there are estimates of operational savings, the office of financial management shall require the agency or agencies involved to provide details including but not limited to fund sources and timelines.
[ 2026 c 60 s 3; 2021 c 54 s 3; 2015 c 225 s 75; 2007 c 506 s 4.]
Notes:
Finding—Intent—2026 c 60: See note following RCW 43.88.110.
Findings—Intent—2021 c 54: See note following RCW 43.88.110.
Findings—Intent—2007 c 506: "The legislature finds that the capital stock of facilities owned and leased by state agencies represents a significant financial investment by the citizens of the state of Washington. Capital construction projects funded in the state's capital budget require diligent analysis and approval by the governor and the legislature. In some cases, long-term leases obligate state agencies to a larger financial commitment than some capital construction projects without a comparable level of diligence. State facility analysis and portfolio management can be strengthened through greater oversight and support from the office of financial management and the legislature and with input from stakeholders.
The legislature finds that the state lacks specific policies and standards on conducting life-cycle cost analysis to determine the cost-effectiveness of owning or leasing state facilities and lacks clear guidance on when and how to use it. Further, there is limited oversight and review of the results of life-cycle cost analyses in the capital project review process. Unless decision makers are provided a thorough economic analysis, they cannot identify the most cost-effective alternative or identify opportunities for improving the cost-effectiveness of state facility alternatives.
The legislature finds that the statewide accounting system limits the ability of the office of financial management and the legislature to analyze agency expenditures that include only leases for land, buildings, and structures. Additionally, other statewide data systems that track state-owned and leased facility information are limited, onerous, and inflexible.
Therefore, it is the intent of the legislature to strengthen the office of financial management's oversight role in state facility analysis and decision making. Further, it is the intent of the legislature to support the office of financial management's and the *department of general administration's need for technical expertise and data systems to conduct thorough analysis, long-term planning, and state facility portfolio management by providing adequate resources in the capital and operating budgets." [ 2007 c 506 s 1.]
*Reviser's note: The "department of general administration" was renamed the "department of enterprise services" by 2011 1st sp.s. c 43 s 107.

catchline: Predesign process for requests to lease, purchase, or build facilities for state programs—Approval of plans for major leased facilities.


title: RCW 43.82.045

text:
State agencies are prohibited from entering into lease agreements for privately owned buildings that are in the planning stage of development or under construction unless there is prior written approval by the director of the office of financial management. Approval of such leases shall not be delegated. Lease agreements described in this section must comply with RCW 43.82.035.
[ 2007 c 506 s 5.]
Notes:
Findings—Intent—2007 c 506: See note following RCW 43.82.035.

catchline: Approval of leases—Privately owned buildings being planned or under construction.


title: RCW 43.82.055

text:
The office of financial management shall:
(1) Work with the department of enterprise services and all other state agencies to determine the long-term facility needs of state government;
(2) Develop and submit a six-year facility plan to the legislature by January 1st of every odd-numbered year that includes state agency space requirements and other pertinent data necessary for cost-effective facility planning. The department of enterprise services shall assist with this effort as required by the office of financial management; and
(3) Establish and enforce policies and workplace strategies that promote the efficient use of state facilities.
[ 2015 3rd sp.s. c 1 s 301; 2015 c 225 s 76; 2007 c 506 s 6.]
Notes:
Findings—Intent—2007 c 506: See note following RCW 43.82.035.

catchline: Long-term facility needs—Six-year facility plan—Efficient use of state facilities.


title: RCW 43.82.110

text:
All office or other space made available through the provisions of this chapter shall be leased by the director to such state or federal agencies, for such rental, and on such terms and conditions as he or she deems advisable: PROVIDED, HOWEVER, If space becomes surplus, the director is authorized to lease office or other space in any project to any person, corporation or body politic, for such period as the director shall determine said space is surplus, and upon such other terms and conditions as he or she may prescribe.
[ 1994 c 219 s 13; 1969 c 121 s 2; 1965 c 8 s 43.82.110. Prior: 1961 c 184 s 4; 1959 c 255 s 11.]
Notes:
Finding—1994 c 219: See note following RCW 43.88.030.

catchline: Lease of space—Surplus space.


title: RCW 43.82.120

text:
All rental income collected by the department of enterprise services from rental of state buildings shall be deposited in the enterprise services account.
[ 2011 1st sp.s. c 43 s 254; 1998 c 105 s 14; 1994 c 219 s 14; 1965 c 8 s 43.82.120. Prior: 1961 c 184 s 5; 1959 c 255 s 12.]
Notes:
Effective date—Purpose—2011 1st sp.s. c 43: See notes following RCW 43.19.003.
Effective date—1998 c 105: See note following RCW 43.19.025.
Finding—1994 c 219: See note following RCW 43.88.030.

catchline: Enterprise services account—Rental income.


title: RCW 43.82.125

text:
The enterprise services account shall be used to pay all costs incurred by the department in the operation of real estate managed under the terms of this chapter. Moneys received into the enterprise services account shall be used to pay rent to the owner of the space for occupancy of which the charges have been made and to pay utility and operational costs of the space utilized by the occupying agency: PROVIDED, That moneys received into the account for occupancy of space owned by the state where utilities and other operational costs are covered by appropriation to the department of enterprise services shall be immediately transmitted to the general fund.
[ 2011 1st sp.s. c 43 s 255; 1998 c 105 s 15; 1965 c 8 s 43.82.125. Prior: 1961 c 184 s 6.]
Notes:
Effective date—Purpose—2011 1st sp.s. c 43: See notes following RCW 43.19.003.
Effective date—1998 c 105: See note following RCW 43.19.025.

catchline: Authorized uses for enterprise services account.


title: RCW 43.82.130

text:
The director of the department of enterprise services is authorized to do all acts and things necessary or convenient to carry out the powers and duties expressly provided in this chapter.
[ 2015 c 225 s 77; 1965 c 8 s 43.82.130. Prior: 1959 c 255 s 13.]
Notes:

catchline: Powers and duties of director.


title: RCW 43.82.140

text:
The director may, in his or her discretion, obtain fire or other hazard insurance on any building under his or her management.
[ 2009 c 549 s 5158; 1965 c 8 s 43.82.140. Prior: 1961 c 184 s 7.]

catchline: Insurance on buildings.


title: RCW 43.82.150

text:
(1) The office of financial management shall develop and maintain an inventory system to account for all facilities owned or leased by state government. At a minimum, the inventory system must include the facility owner, location, type, condition, use data, and size of each facility. In addition, for owned facilities, the inventory system must include the date and cost of original construction and the cost of any major remodeling or renovation. The inventory must be updated by all agencies, departments, boards, commissions, and institutions by June 30th of each year. The office of financial management shall publish a report summarizing information contained in the inventory system for each agency by October 1st of each year, beginning in 2010 and shall submit this report to the appropriate fiscal committees of the legislature.
(2) The inventory required under this subsection must be submitted in a standard format prescribed by the office of financial management.
(3) For the purposes of this section, "facilities" means buildings and other structures with walls and a roof. "Facilities" does not mean roads, bridges, parking areas, utility systems, and other similar improvements to real property.
[ 2015 3rd sp.s. c 1 s 302; 2007 c 506 s 7; 1997 c 96 s 2; 1993 c 325 s 1.]
Notes:
Findings—Intent—2007 c 506: See note following RCW 43.82.035.
Findings—Purpose—1997 c 96: "The legislature finds that the capital stock of facilities owned by state agencies represents a significant financial investment by the citizens of the state of Washington, and that providing agencies with the tools and incentives needed to adequately maintain state facilities is critically important to realizing the full value of this investment. The legislature also finds that ongoing reporting of facility inventory, condition, and maintenance information by agencies will improve accountability and assist in the evaluation of budget requests and facility management by the legislature and governor. The purpose of this act is to ensure that recent enhancements to facility and maintenance reporting systems implemented by the office of financial management, and a new program created by the *department of general administration to provide maintenance information and technical assistance to state and local agencies, are sustained into the future." [ 1997 c 96 s 1.]
*Reviser's note: The department of general administration was renamed the department of enterprise services by 2011 1st sp.s. c 43 s 107.

catchline: Inventory of state-owned or leased facilities—Report.


title: RCW 43.83.020

text:
(1) The state building construction account is hereby established in the state treasury and shall be used exclusively for the purposes of carrying out the provisions of the capital appropriation acts.
(2) During the 2019-2021 fiscal biennium, the legislature may direct the state treasurer to make transfers of moneys from the state building construction account to the advanced environmental mitigation revolving account.
[ 2019 c 413 s 7031; 2015 1st sp.s. c 4 s 33; 2004 c 276 s 907; 1991 sp.s. c 13 s 46; 1987 1st ex.s. c 3 s 9; 1985 c 57 s 43; 1965 c 8 s 43.83.020. Prior: 1959 ex.s. c 9 s 2.]
Notes:
Effective date—2019 c 413: See note following RCW 28B.15.210.
Severability—Effective date—2004 c 276: See notes following RCW 43.330.167.
Effective dates—1991 sp.s. c 13: See note following RCW 18.04.105.
Effective date—1985 c 57: See note following RCW 18.04.105.

catchline: State building construction account.


title: RCW 43.83.340

text:
(1) The state and local improvements revolving account-water supply facilities is hereby created in the general fund and shall be used exclusively for the purpose of providing funds for the planning, acquisition, construction, and improvement of water supply facilities within the state.
(2) As used in this section, the term "water supply facilities" means domestic, municipal, industrial, and agricultural (and any associated fishery, recreational, or other beneficial use) water supply or distribution systems including, but not limited to, all equipment, utilities, structures, real property, and interests in and improvements on real property necessary for or incidental to the acquisition, construction, installation, or use of any such water supply or distribution system.
[ 2015 1st sp.s. c 4 s 39; 1979 ex.s. c 234 s 3. Formerly RCW 43.99E.020.]
Notes:
Referral to electorate—1979 ex.s. c 234: "This act shall be submitted to the people for their adoption and ratification, or rejection, at the general election to be held in this state on the Tuesday next succeeding the first Monday in November, 1980, in accordance with Article VIII, section 3 of the state Constitution, in accordance with Article II, section 1 of the state Constitution, and the laws adopted to facilitate the operation thereof." [ 1979 ex.s. c 234 s 12.]
Reviser's note: "This act," chapter 43.99E RCW (1979 ex.s. c 234), was adopted and ratified by the people at the November 4, 1980, general election (Referendum Bill No. 38). State Constitution Art. 2 s 1(d) provides: ". . . Such measure [initiatives and referendums] shall be in operation on and after the thirtieth day after the election at which it is approved . . . ."

catchline: State and local improvements revolving account-water supply facilities—Definition.


title: RCW 43.83.400

text:
(1) Public bodies may transfer without further consideration real property and facilities acquired, constructed, or otherwise improved under the handicapped facilities 1979 bond issue to nonprofit corporations organized to provide services for individuals with physical or mental disabilities, in exchange for the promise to continually operate services benefiting the public on the site, subject to all the conditions in this section. For purposes of this section, "transfer" may include lease renewals. The nonprofit corporation shall use the real property and facilities for the purpose of providing the following limited programs as designated by the department of social and health services: Nonprofit community centers, close-to-home living units, employment and independent living training centers, vocational rehabilitation centers, developmental disabilities training centers, and community homes for individuals with mental illness.
(2) The deed transferring the property in subsection (1) of this section must provide for immediate reversion back to the public body if the nonprofit corporation ceases to use the property for the purposes described in subsection (1) of this section.
(3) The nonprofit corporation is authorized to sell the property transferred to it pursuant to subsection (1) of this section only if all of the following conditions are satisfied: (a) Any such sale must have the prior written approval by the department of social and health services; (b) all proceeds from such a sale must be applied to the purchase price of a different property or properties of equal or greater value than the original property; (c) any new property or properties must be used for the purposes stated in subsection (1) of this section; (d) the new property or properties must be available for use within one year of sale; and (e) the nonprofit corporation must enter into an agreement with the public entity to reimburse the public entity for the value of the original property at the time of the sale if the nonprofit corporation ceases to use the new property for the purposes described in subsection (1) of this section.
(4) If the nonprofit corporation ceases to use the property for the purposes described in subsection (1) of this section, the property and facilities revert immediately to the public body. The public body shall then determine if the property, or the reimbursed amount in the case of a reimbursement under subsection (3)(e) of this section, may be used by another program as designated by the department of social and health services. These programs have priority in obtaining the property to ensure that the purposes specified in the handicapped facilities 1979 bond issue are carried out.
(5) As used in this section, the term "public body" means the state of Washington, or any agency, political subdivision, taxing district, or municipal corporation thereof, and those Indian tribes now or hereafter recognized as such by the federal government for participation in the federal land and water conservation program and which may constitutionally receive grants or loans from the state of Washington.
[ 2015 1st sp.s. c 4 s 38; 2006 c 35 s 2. Formerly RCW 43.99C.070.]
Notes:
Reviser's note: This section has been recodified pursuant to RCW 1.08.015(2)(h).
Findings—2006 c 35: "The legislature finds that protecting the public health, safety, and welfare by providing services to needy or vulnerable persons is a fundamental purpose of government. The legislature further finds that private nonprofit corporations fill an important public purpose in providing these types of health, safety, and welfare services to our state's residents. Acting through partnerships with governmental entities, these private sector providers are able to increase the amount and quality of these services available to state residents. The legislature finds that ensuring continued provision of these services in the private sector confers a valuable benefit on the public that constitutes consideration for transfer of certain public property and facilities to eligible private nonprofit corporations, subject to restrictions that provide continued protection of the public interest." [ 2006 c 35 s 1.]

catchline: Transfers of real property and facilities to nonprofit corporations.


title: RCW 43.83.410

text:
(1) Public bodies may transfer without further consideration real property and facilities acquired, constructed, or otherwise improved under the social and health services facilities 1972 bond issue to nonprofit corporations organized to provide individuals with social and health services, in exchange for the promise to continually operate services benefiting the public on the site, subject to all the conditions in this section. For purposes of this section, "transfer" may include lease renewals. The nonprofit corporation shall use the real property and facilities for the purpose of providing the following programs as designated by the department of social and health services: Facilities for social services, adult and juvenile correction or detention, child welfare, day care, drug abuse and alcoholism treatment, mental health, public health, developmental disabilities, and vocational rehabilitation.
(2) The deed transferring the property in subsection (1) of this section must provide for immediate reversion back to the public body if the nonprofit corporation ceases to use the property for the purposes described in subsection (1) of this section.
(3) The nonprofit corporation is authorized to sell the property transferred to it pursuant to subsection (1) of this section only if all of the following conditions are satisfied: (a) Any such sale must be subject to prior written approval by the department of social and health services; (b) all proceeds from such a sale must be applied to the purchase price of a different property or properties of equal or greater value than the original property; (c) any new property or properties must be used for the purposes stated in subsection (1) of this section; (d) the new property or properties must be available for use within one year of sale; and (e) the nonprofit corporation must enter into an agreement with the public entity to reimburse the public entity for the value of the original property at the time of the sale if the nonprofit corporation ceases to use the new property for the purposes described in subsection (1) of this section.
(4) If the nonprofit corporation ceases to use the property for the purposes described in subsection (1) of this section, the property and facilities revert immediately to the public body. The public body shall then determine if the property, or the reimbursed amount in the case of a reimbursement under subsection (3)(e) of this section, may be used by another program as designated by the department of social and health services. These programs have priority in obtaining the property to ensure that the purposes specified in the social and health services facilities 1972 bond issue are carried out.
(5) As used in this section, the term "public body" means the state of Washington, or any agency, political subdivision, taxing district, or municipal corporation thereof, and those Indian tribes now or hereafter recognized as such by the federal government for participation in the federal land and water conservation program and which may constitutionally receive grants or loans from the state of Washington.
[ 2015 1st sp.s. c 4 s 35; 2006 c 35 s 3. Formerly RCW 43.83D.120.]
Notes:
Reviser's note: This section has been recodified pursuant to RCW 1.08.015(2)(h).
Findings—2006 c 35: See note following RCW 43.83.400.


title: RCW 43.83B.011

text:
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
(1) "Department" means the department of ecology.
(2) "Drought condition" means that the water supply for a geographic area, or for a significant portion of a geographic area, is below seventy-five percent of normal and the water shortage is likely to create undue hardships for water users or the environment.
(3) "Normal" water supply, for the purpose of determining drought conditions, means the median amount of water available to a geographical area, relative to the most recent thirty-year base period used to define climate normals.
[ 2020 c 168 s 1.]

catchline: Definitions.


title: RCW 43.83B.230

text:
In the course of considering applications under this chapter, the department of ecology shall make known to other state agencies possibilities which may arise to provide public benefits such as recreation or fish and wildlife enhancement in connection with proposed projects. Such agencies, including the department of ecology, are authorized to participate in said projects provided agency funds are made available to pay the full cost of their participation.
[ 1975 1st ex.s. c 295 s 14.]

catchline: Provision for recreation, fish and wildlife enhancement and other public benefits.


title: RCW 43.83B.400

text:
The legislature recognizes that drought and water shortages can place a significant hardship on Washington communities, farms, and the natural environment. Rising temperatures due to climate change may cause water supply shortages to be more frequent and severe in the future. Therefore, the ability to respond to drought and water shortage emergencies is critical to the long-term prosperity of our state. It is the intent of the legislature to provide the department with the authority to effectively and efficiently take actions when a drought emergency occurs to alleviate hardship on water users and our natural environment.
The legislature also recognizes that effective emergency drought response is predicated on building resiliency and preparedness before water shortages occur. Therefore, it is also the intent of the legislature that the department assist water users by supporting measures to strengthen the resiliency and preparedness of water users to drought conditions in the long term.
[ 2020 c 168 s 2; 1989 c 171 s 1.]
Notes:
Severability—1989 c 171: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [ 1989 c 171 s 14.]

catchline: Findings—Intent.


title: RCW 43.83B.405

text:
(1) Whenever it appears to the department, based on the definitions of drought condition and normal water supply set forth in RCW 43.83B.011, that drought conditions may develop, the department may issue a drought advisory. The drought advisory should seek to increase the awareness and readiness of affected water users and may recommend voluntary actions to alleviate drought impacts.
(2)(a) Whenever it appears to the department, based on the definitions of drought condition and normal water supply set forth in RCW 43.83B.011, that a drought condition either exists or is forecast to occur within the state or portions thereof, the department is authorized to issue orders of drought emergency, pursuant to adopted rules, to implement the powers as set forth in RCW 43.83B.410 through 43.83B.420.
(b) Prior to the issuance of an order of drought emergency, the department shall:
(i) Consult with the federal and state government entities identified in the drought contingency plan periodically revised by the department pursuant to RCW 43.83B.440 and consult with affected federally recognized tribes;
(ii) Consider input from local water users, including nursery and landscape professionals, in the determination of undue hardship under RCW 43.83B.011(2); and
(iii) Obtain the written approval of the governor.
(c) Upon issuance of an order of drought emergency, the department shall notify the public of the order consistent with rules adopted by the department.
(d) Orders of drought emergency issued under (a) of this subsection shall be deemed orders for the purposes of chapter 34.05 RCW.
(e) A person may petition the department to declare a drought emergency for the state or portions of the state. The department may review a petition, but any order of drought emergency issued after receipt of a petition must be based on the definitions of drought condition and normal water supply set forth in RCW 43.83B.011, and must be issued according to the procedure set forth in this section. The department must not rely exclusively on information presented in a petition when determining whether to issue an order of drought emergency.
(3)(a) Any order issued under subsection (2) of this section shall contain a termination date for the order. The termination date shall be not later than one calendar year from the date the order is issued. Although the department may, with the written approval of the governor, change the termination date by amending the order, no such amendment or series of amendments may have the effect of extending its termination to a date which is later than two calendar years after the issuance of the order.
(b) The provisions of this section do not preclude the issuance of more than one order under subsection (2) of this section for different areas of the state, or sequentially for the same area, as the need arises.
[ 2020 c 168 s 3; 1989 c 171 s 2.]
Notes:
Severability—1989 c 171: See note following RCW 43.83B.400.

catchline: Drought advisories—Orders of drought emergency—Procedure.


title: RCW 43.83B.406

text:
Upon the issuance of an order of drought emergency under RCW 43.83B.405(2), the state treasurer shall transfer from the general fund to the emergency drought response account created in RCW 43.83B.435 those amounts necessary to bring the balance of the emergency drought response account to $3,000,000, based upon the determination of the transfer amount from the office of financial management. The office of financial management must determine the fund balance of the emergency drought response account as of the previous fiscal month before the issuance of an order of drought emergency. The office of financial management must promptly notify the state treasurer and the department of the account balance and the necessary transfer amount once a determination is made. A transfer based on the determination by the office of financial management may be made only once every fiscal year.
[ 2023 c 287 s 3.]

catchline: Transfers from general fund to emergency drought response account.


title: RCW 43.83B.410

text:
Upon the issuance of an order of drought emergency under RCW 43.83B.405(2), the department may:
(1)(a) Authorize emergency withdrawal of public surface and ground waters, including dead storage within reservoirs, on a temporary basis and authorize temporary or permanent associated physical works. The department shall prioritize the approval of emergency withdrawal authorizations in order to address those most affected by the water deficit to ensure the survival of irrigated crops, the state's fisheries, and the provision of water for small communities.
(b) The termination date for emergency withdrawals may not be later than the termination date of the order issued under RCW 43.83B.405(2).
(c) The department may issue emergency withdrawal authorizations only when, after investigation and after providing appropriate federal, state, and local governmental bodies and affected federally recognized tribes an opportunity to comment, the following are found:
(i) The waters proposed for withdrawal are to be used for a beneficial use involving a previously established activity or purpose;
(ii) The previously established activity or purpose was furnished water through rights applicable to the use of a public body of water that cannot be exercised due to the lack of water arising from natural drought conditions; and
(iii) The proposed withdrawal will not reduce flows or levels below essential minimums necessary to ensure the maintenance of fisheries requirements and to protect federal and state interests including, among others, power generation, navigation, and existing water rights.
(d) All emergency withdrawal authorizations issued under this section shall contain provisions that allow for termination of withdrawals, in whole or in part, whenever withdrawals will conflict with flows and levels as provided in (c)(iii) of this subsection.
(e) As to water withdrawal and associated works authorized under this subsection, the requirements of chapter 43.21C RCW and public bidding requirements as otherwise provided by law are waived and inapplicable. All state and local agencies with authority to issue permits or other authorizations for such works shall, to the extent possible, expedite the processing of the permits or authorizations in keeping with the emergency nature of the requests and shall provide a decision to the applicant within fifteen calendar days of the date of application. All state departments or other agencies having jurisdiction over state or other public lands, if such lands are necessary to effectuate the withdrawal authorizations issued under this subsection, shall provide short-term easements or other appropriate property interest upon the payment of the fair market value. This mandate shall not apply to any lands of the state that are reserved for a special purpose or use that cannot properly be carried out if the property interest were conveyed;
(2) Approve a temporary change in purpose, place of use, point of diversion, or point of withdrawal, consistent with existing state policy allowing transfer or lease of waters between willing parties, as provided for in RCW 90.03.380, 90.03.390, and 90.44.100. However, compliance with any requirements of notice of newspaper publication of these sections or the state environmental policy act under chapter 43.21C RCW, is not required when such changes are necessary to respond to drought conditions as determined by the department. An approval of a temporary change of a water right as authorized under this subsection is not admissible as evidence in either supporting or contesting the validity of water claims in a general adjudication under RCW 90.03.210 or any similar proceeding where the existence of a water right is at issue;
(3) Employ additional persons for specified terms of time, consistent with the term of a drought condition, as are necessary to ensure the successful performance of the activities associated with implementing the emergency drought program of this chapter;
(4) Acquire needed emergency drought-related equipment;
(5) Enter into agreements with applicants receiving emergency withdrawal authorizations established under this section to recover the costs, or a portion thereof, of mitigation for emergency withdrawal authorizations, provided that mitigation is done to protect instream flows, federally regulated flows, or senior water rights. The department may establish the specifics of cost recovery by rule, based on the amount of water used in the emergency withdrawal, which shall not exceed the cost of mitigation; and
(6) Enter into interagency agreements as authorized under chapter 39.34 RCW to partner in emergency drought response.
[ 2020 c 168 s 4; 1989 c 171 s 3.]
Notes:
Severability—1989 c 171: See note following RCW 43.83B.400.

catchline: Drought emergencies—Withdrawals and diversions—Agreements.