title: RCW 39.26.265

text:
(1) The department shall establish purchasing and procurement policies that establish a preference for electronic products that meet environmental performance standards relating to the reduction or elimination of hazardous materials.
(2) The department shall ensure that their surplus electronic products, other than those sold individually to private citizens, are managed only by registered transporters and by processors meeting the requirements of RCW 70A.500.250.
(3) The department shall ensure that their surplus electronic products are directed to legal secondary materials markets by requiring a chain of custody record that documents to whom the products were initially delivered through to the end use manufacturer.
[ 2021 c 65 s 27; 2011 1st sp.s. c 43 s 229; 2006 c 183 s 36. Formerly RCW 43.19.539.]
Notes:
Explanatory statement—2021 c 65: See note following RCW 53.54.030.
Effective date—Purpose—2011 1st sp.s. c 43: See notes following RCW 43.19.003.
Construction—Effective date—2006 c 183: See RCW 70A.500.900 and 70A.500.901.

catchline: Preferences—Purchase of electronic products meeting environmental performance standards—Requirements for surplus electronic products.


doc_type: statute

jurisdiction: wa

title: RCW 39.26.267

text:
(1) Beginning January 1, 2027, a seller of any combination of gasoline, diesel, biodiesel, or propane fuel is only eligible to receive a contract awarded by the state, any state agency, or any municipality, if the seller:
(a) Is registered with the department of ecology as a covered or opt-in entity under chapter 70A.65 RCW; or
(b) Can provide documentation, including but not limited to invoices, demonstrating that the fuel being sold was purchased from a covered or opt-in entity registered with the department under chapter 70A.65 RCW and the emissions from the fuel are covered emissions for the covered or opt-in entity.
(2) For purposes of this section, "municipality" means every city, county, town, special purpose district, political subdivision, or instrumentality of the state.
[ 2026 c 251 s 6.]
Notes:
Intent—Findings—2026 c 251: See note following RCW 70A.65.080.

license: public-domain-government-work

rule_set: Revised Code of Washington

catchline: Purchase from fuel suppliers—Climate commitment act compliance obligations.

code: rcw

unit: section

court: Washington State Legislature


title: RCW 39.26.270

text:
The director shall compile a list of the statutes and regulations, relating to state purchasing, of each state, which statutes and regulations the director believes grant a preference to vendors located within the state or goods manufactured within the state. At least once every twelve months the director shall update the list.
[ 2011 1st sp.s. c 43 s 240; 1983 c 183 s 2. Formerly RCW 43.19.702.]
Notes:
Effective date—Purpose—2011 1st sp.s. c 43: See notes following RCW 43.19.003.

catchline: List of statutes and regulations of each state that grants preference to in-state vendors.


title: RCW 39.26.271

text:
The director shall adopt and apply rules designed to provide for some reciprocity in bidding between Washington and those states having statutes or regulations on the list under RCW 39.26.270. The director shall have broad discretionary power in developing these rules and the rules shall provide for reciprocity only to the extent and in those instances where the director considers it appropriate. For the purpose of determining the lowest responsible bidder pursuant to RCW 39.26.160, such rules shall (1) require the director to impose a reciprocity increase on bids when appropriate under the rules and (2) establish methods for determining the amount of the increase. In no instance shall such increase, if any, be paid to a vendor whose bid is accepted.
[ 2015 c 79 s 9; 2011 1st sp.s. c 43 s 241; 1983 c 183 s 3. Formerly RCW 43.19.704.]
Notes:
Effective date—Purpose—2011 1st sp.s. c 43: See notes following RCW 43.19.003.

catchline: Rules for reciprocity in bidding.


title: RCW 39.26.280

text:
(1) The department shall establish purchasing and procurement policies that provide a preference for products and products in packaging that does not contain polychlorinated biphenyls.
(2) No agency may knowingly purchase products or products in packaging containing polychlorinated biphenyls above the practical quantification limit except when it is not cost-effective or technically feasible to do so.
(3) Nothing in this section requires the department or any other state agency to breach an existing contract or dispose of stock that has been ordered or is in the possession of the department or other state agency as of June 12, 2014.
[ 2014 c 135 s 3.]
Notes:
Findings—2014 c 135: "Polychlorinated biphenyls, commonly known as PCBs, are a family of human-made organic chemicals that were used in many industrial and commercial products such as insulating fluids for electric transformers and capacitors, hydraulic fluids, plasticizers, paint additives, lubricants, inks, caulk, and carbonless copy paper. PCBs were used because of their fire resistance, chemical stability, and electrical insulating properties. PCBs are also found in products as an unintentional by-product of manufacturing processes. PCBs are ubiquitous in the environment because of their stability, extensive previous use, by-production in manufacturing, inadvertent release, and the inability to control and eliminate them through current waste management practices. PCBs are persistent, bioaccumulative, and toxic, and they cycle between the air, soil, and water. PCBs have been shown to cause cancer and affect the human immune, reproductive, nervous, and endocrine systems. The United States toxic substances control act prohibited the commercial production of PCBs in 1979. However, the United States environmental protection agency rules implementing the ban provides exemptions for certain products containing PCBs at concentrations of fifty parts per million or less as a result of manufacturing processes and therefore the continued manufacture, processing, distribution, and use of products containing PCBs remains permitted." [ 2014 c 135 s 1.]

catchline: Preference—Products and products in packaging that does not contain polychlorinated biphenyls—Limitations—Products and products in packaging containing polychlorinated biphenyls.


title: RCW 39.26.285

text:
(1) All contracts entered into and purchases made under this chapter are subject to the requirements established under RCW 19.06.020.
(2) This section is not intended to create an entitlement to an individual or class of individuals.
[ 2016 c 40 s 1.]
Notes:
Construction—2016 c 40: "Nothing in this act requires the department of enterprise services or any other public agency to breach an existing contract or dispose of stock that has been ordered or is in the possession of the department or other agency as of June 9, 2016." [ 2016 c 40 s 3.]

catchline: Purchases of goods and services from nonprofit agencies for the blind.


title: RCW 39.26.290

text:
(1) This chapter does not require the department to test every product procured. However, the department may accept from businesses, manufacturers, organizations, and individuals results obtained from an accredited laboratory or testing facility documenting product or product packaging polychlorinated biphenyl levels.
(2) The department may request suppliers of products to provide testing data from an accredited laboratory or testing facility documenting product or product packaging polychlorinated biphenyl levels.
[ 2014 c 135 s 4.]
Notes:
Findings—2014 c 135: See note following RCW 39.26.280.

catchline: Tests and data of products procured.


title: RCW 39.26.300

text:
(1) The department of social and health services, the department of children, youth, and families, and the health care authority are each authorized to purchase interpreter services on behalf of limited English-speaking applicants and recipients of public assistance.
(2) The department of labor and industries is authorized to purchase interpreter services for medical and vocational providers authorized to provide services to limited English-speaking injured workers or crime victims.
(3) No later than September 1, 2020, the department of social and health services, the department of children, youth, and families, the health care authority, and the department of labor and industries must purchase in-person spoken language interpreter services directly from language access providers as defined in RCW 74.04.025, or through limited contracts with scheduling and coordinating delivery organizations, or both. Each state agency must have at least one contract with an entity that provides interpreter services through telephonic and video remote technologies. Nothing in this section precludes the department of labor and industries from purchasing in-person spoken language interpreter services directly from language access providers or from directly reimbursing language access providers.
(4) Notwithstanding subsection (3) of this section, the department of labor and industries may pay a language access provider directly for the costs of interpreter services when the services are necessary for use by a medical provider for emergency or urgent care, or where the medical provider determines that advanced notice is not feasible.
(5) Upon the expiration of any contract in effect on June 7, 2018, but no later than September 1, 2020, the department must develop and implement a model that all state agencies must use to procure spoken language interpreter services by purchasing directly from language access providers or through contracts with scheduling and coordinating entities, or both. The department must have at least one contract with an entity that provides interpreter services through telephonic and video remote technologies. If the department determines it is more cost-effective or efficient, it may jointly purchase these services with the department of social and health services, the department of children, youth, and families, the health care authority, and the department of labor and industries as provided in subsection (3) of this section. The department of social and health services, the department of children, youth, and families, the health care authority, and the department of labor and industries have the authority to procure interpreters through the department if the demand for spoken language interpreters cannot be met through their respective contracts.
(6) All interpreter services procured under this section must be provided by language access providers who are certified or authorized by the state, or nationally certified by the certification commission for health care interpreters or the national board for certification of medical interpreters. When a nationally certified, state-certified, or authorized language access provider is not available, a state agency is authorized to contract with a spoken language interpreter with other certifications or qualifications deemed to meet agency needs. Nothing in this subsection precludes providing interpretive services through state employees or employees of medical or vocational providers.
(7) Nothing in this section is intended to address how state agencies procure interpreters for sensory-impaired persons.
(8) For purposes of this section, "state agency" means any state office or activity of the executive branch of state government, including state agencies, departments, offices, divisions, boards, commissions, and correctional and other types of institutions, but excludes institutions of higher education as defined in RCW 28B.10.016, the school for the blind, and the Washington center for deaf and hard of hearing youth.
[ 2019 c 266 s 24; 2018 c 253 s 3.]
Notes:
Intent—Conflict with federal requirements—2018 c 253: See notes following RCW 74.04.025.

catchline: Purchase of spoken language interpreter services—When authorized—Requirements.


title: RCW 39.26.310

text:
(1) The department shall establish purchasing and procurement policies that provide a preference for products that:
(a) Are not restricted under RCW 70A.60.060;
(b) Do not contain hydrofluorocarbons or contain hydrofluorocarbons with a comparatively low global warming potential;
(c) Are not designed to function only in conjunction with hydrofluorocarbons characterized by a comparatively high global warming potential; and
(d) Were not manufactured using hydrofluorocarbons or were manufactured using hydrofluorocarbons with a low global warming potential.
(2) No agency may knowingly purchase products that are not accorded a preference in the purchasing and procurement policies established by the department pursuant to subsection (1) of this section, unless there is no cost-effective and technologically feasible option that is accorded a preference.
(3) The department shall establish a purchasing and procurement policy that provides a preference, in serving existing equipment, for a reclaimed refrigerant that meets the minimum quality requirement established in federal regulations adopted under 42 U.S.C. Sec. 7671(g).
(4)(a) Nothing in subsection (1) of this section requires the department or any other state agency to breach an existing contract or dispose of stock that has been ordered or is in the possession of the department or other state agency as of July 28, 2019.
(b) Nothing in subsection (3) of this section requires the department or any other state agency to breach an existing contract or dispose of stock that has been ordered or is in the possession of the department or other state agency as of July 28, 2021.
(5) By December 1, 2020, and each December 1st of even-numbered years thereafter, the department must submit a status report to the appropriate committees of the house of representatives and senate regarding the implementation and compliance of the department and state agencies with this section.
[ 2021 c 315 s 19; 2021 c 65 s 28; 2019 c 284 s 9.]
Notes:
Reviser's note: This section was amended by 2021 c 65 s 28 and by 2021 c 315 s 19, each without reference to the other. Both amendments are incorporated in the publication of this section under RCW 1.12.025(2). For rule of construction, see RCW 1.12.025(1).
Explanatory statement—2021 c 65: See note following RCW 53.54.030.
Finding—Intent—2019 c 284: See notes following RCW 70A.60.060.

catchline: Purchasing and procurement policies—Products containing hydrofluorocarbons—Report to the legislature.


title: RCW 39.26.320

text:
An agency, department, or institution of higher education that intends to contract out, or does contract out, for services that, on or after July 1, 2005, have been customarily and historically performed by employees in the classified service defined in RCW 41.06.020 must follow procedures and meet criteria established under RCW 41.06.142.
[ 2020 c 269 s 5.]
Notes:
Intent—Finding—Application—2020 c 269: See notes following RCW 41.06.142.

catchline: Contracting for services—Employees in classified service—Procedures and criteria.


title: RCW 39.26.330

text:
(1) Beginning July 1, 2024, all state agencies may only purchase plastic trash bags manufactured by producers that comply with the minimum recycled content requirements established in RCW 70A.245.020.
(2) By July 1, 2024, the department of ecology shall provide to the department a list of the plastic trash bag producer brands that comply with the minimum recycled content requirements established in RCW 70A.245.020, in order for state agencies to purchase compliant products, updated annually.
[ 2021 c 313 s 8.]
Notes:
Finding—Intent—2021 c 313: See note following RCW 70A.245.010.

catchline: Postconsumer recycled content in plastic trash bags—Purchasing priority.


title: RCW 39.26.340

text:
(1) Before an agency shares with a contractor category 3 or higher data, as defined in policy established in accordance with RCW 43.105.054, a written data-sharing agreement must be in place. Such agreements shall conform to the policies for data sharing specified by the office of cybersecurity under the authority of RCW 43.105.054.
(2) Nothing in this section shall be construed as limiting audit authorities under chapter 43.09 RCW.
[ 2021 c 291 s 5.]

catchline: Data-sharing agreements—When required.


title: RCW 39.26.900

text:
This act takes effect January 1, 2013.
[ 2012 c 224 s 31.]

catchline: Effective date—2012 c 224.


title: RCW 39.28.010

text:
The following terms wherever used or referred to in RCW 39.28.010 through 39.28.030 shall have the following meaning unless a different meaning appears from the context.
(1) The term "municipality" shall mean the state, a county, city, town, district or other municipal corporation or political subdivision;
(2) The term "governing body" shall mean the body, a board charged with the governing of the municipality;
(3) The term "law" shall mean any act or statute, general, special or local, of this state, including, without being limited to, the charter of any municipality;
(4) The term "bonds" shall mean bonds, interim receipts, certificates, or other obligations of a municipality issued or to be issued by its governing body for the purpose of financing or aiding in the financing of any work, undertaking or project for which a loan or grant, or both, has heretofore been made or may hereafter be made by any federal agency;
(5) The term "Recovery Act" shall mean any acts of the congress of the United States of America to reduce and relieve unemployment or to provide for the construction of public works;
(6) The term "federal agency" shall include the United States of America, the president of the United States of America, and any agency or instrumentality of the United States of America, which has heretofore been or hereafter may be designated, created or authorized to make loans or grants;
(7) The term "public works project" shall mean any work, project, or undertaking which any municipality, is authorized or required by law to undertake or any lawful purpose for which any municipality is authorized or required by law to make an appropriation;
(8) The term "contract" or "agreement" between a federal agency and a municipality shall include contracts and agreements in the customary form and shall also be deemed to include an allotment of funds, resolution, unilateral promise, or commitment by a federal agency by which it shall undertake to make a loan or grant, or both, upon the performance of specified conditions or compliance with rules and regulations theretofore or thereafter promulgated, prescribed or published by a federal agency. In the case of such an allotment of funds, resolution, unilateral promise, or commitment by a federal agency, the terms, conditions and restrictions therein set forth and the rules and regulations theretofore or thereafter promulgated, prescribed or published shall, for the purpose of RCW 39.28.010 through 39.28.030, be deemed to constitute covenants of such a contract which shall be performed by the municipality, if the municipality accepts any money from such federal agency.
[ 1971 c 76 s 4; 1937 c 107 s 2; RRS s 10322A-8. Prior: 1935 c 107 s 2; RRS s 10322A-2.]
Notes:
Short title: "This act may be cited as 'The Municipal Emergency Procedure Act (Revision of 1937)'." [ 1937 c 107 s 1; RRS s 10322A-7. Prior: 1935 c 107 s 1; RRS s 10322A-1.]
Severability—1937 c 107: "If any provision of this act, or the application thereof to any person, body, or circumstances shall be held invalid, the remainder of the act and the application of each provision to persons, bodies, or circumstances other than those as to which it shall have been held invalid shall not be affected thereby." [ 1937 c 107 s 5; RRS s 10322A-11. Prior: 1935 c 107 s 5; RRS s 10322A-5.]

catchline: Definitions.


title: RCW 39.28.020

text:
Every municipality shall have power and is hereby authorized:
(1) To accept from any federal agency grants for or in aid of the construction of any public works project;
(2) To make contracts and execute instruments containing such terms, provisions, and conditions as in the discretion of the governing body of the municipality may be necessary, proper or advisable for the purpose of obtaining grants or loans, or both, from any federal agency pursuant to or by virtue of the Recovery Act; to make all other contracts and execute all other instruments necessary, proper or advisable in or for the furtherance of any public works project and to carry out and perform the terms and conditions of all such contracts or instruments;
(3) To subscribe to and comply with the Recovery Act and any rules and regulations made by any federal agency with regard to any grants or loans, or both, from any federal agency;
(4) To perform any acts authorized under RCW 39.28.010 through 39.28.030 through or by means of its own officers, agents and employees, or by contracts with corporations, firms or individuals;
(5) To award any contract for the construction of any public works project or part thereof upon any day at least fifteen days after one publication of a notice requesting bids upon such contract in a newspaper of general circulation in the municipality: PROVIDED, That in any case where publication of notice may be made in a shorter period of time under the provisions of existing statute or charter, such statute or charter shall govern;
(6) To sell bonds at private sale to any federal agency without any public advertisement;
(7) To issue interim receipts, certificates or other temporary obligations, in such form and containing such terms, conditions and provisions as the governing body of the municipality issuing the same may determine, pending the preparation or execution of definite bonds for the purpose of financing the construction of a public works project;
(8) To issue bonds bearing the signatures of officers in office on the date of signing such bonds, notwithstanding that before delivery thereof any or all the persons whose signatures appear thereon shall have ceased to be the officers of the municipality issuing the same;
(9) To include in the cost of a public works project which may be financed by the issuance of bonds: (a) Engineering, inspection, accounting, fiscal and legal expenses; (b) the cost of issuance of the bonds, including engraving, printing, advertising, and other similar expenses; (c) any interest costs during the period of construction of such public works project and for six months thereafter on money borrowed or estimated to be borrowed;
(10) To stipulate in any contract for the construction of any public works project or part thereof the maximum hours that any laborer, worker, or mechanic should be permitted or required to work in any one calendar day or calendar week or calendar month, and the minimum wages to be paid to laborers, workers, or mechanics in connection with any public works project: PROVIDED, That no such stipulation shall provide for hours in excess of or for wages less than may now or hereafter be required by any other law;
(11) To exercise any power conferred by RCW 39.28.010 through 39.28.030 for the purpose of obtaining grants or loans, or both, from any federal agency pursuant to or by virtue of the Recovery Act, independently or in conjunction with any other power or powers conferred by RCW 39.28.010 through 39.28.030 or heretofore or hereafter conferred by any other law;
(12) To do all acts and things necessary or convenient to carry out the powers expressly given in RCW 39.28.010 through 39.28.030.
[ 1989 c 12 s 12; 1937 c 107 s 3; RRS s 10322A-9. Prior: 1935 c 107 s 3; RRS s 10322A-3.]
Notes:
Short title—Severability—1937 c 107: See notes following RCW 39.28.010.

catchline: Powers conferred.


title: RCW 39.28.030

text:
The powers conferred by RCW 39.28.010 through 39.28.030 shall be in addition and supplemental to and not in substitution for the powers now or hereafter conferred upon any municipality by any other law. RCW 39.28.010 through 39.28.030 is intended to aid in relieving the existing emergency by simplifying the procedure for the construction and financing of public works projects. RCW 39.28.010 through 39.28.030 is remedial in nature and the powers hereby granted shall be liberally construed. Nothing in RCW 39.28.010 through 39.28.030 shall be construed to authorize the issuance of bonds for any purpose by any municipality not authorized to issue bonds for such purpose under any other law heretofore or hereafter enacted, nor to dispense with the approval by a state department, board, officer or commission of a public works project where such approval is necessary under provisions of existing law: PROVIDED, That any port district which is now indebted in an amount equal to or in excess of the indebtedness which may be contracted without a vote of the electors of the district is hereby authorized, for the purposes of RCW 39.28.010 through 39.28.030, through its governing body, to contract a further indebtedness and borrow money for port purposes and issue general bonds therefor, as in RCW 39.28.010 through 39.28.030 provided, in an additional amount not exceeding three-sixteenths of one percent of the value of the taxable property in the district, as the term "value of the taxable property" is defined in RCW 39.36.015, without the assent of the voters of the district: PROVIDED, FURTHER, That such additional indebtedness together with the existing indebtedness of such port district shall not exceed the total indebtedness permitted to be incurred by such port district under existing laws.
[ 1970 ex.s. c 42 s 25; 1937 c 107 s 4; RRS s 10322A-10. Prior: 1935 c 107 s 4; RRS s 10322A-4.]
Notes:
Severability—Effective date—1970 ex.s. c 42: See notes following RCW 39.36.015.
Short title—Severability—1937 c 107: See notes following RCW 39.28.010.

catchline: Construction of act.


title: RCW 39.28.040

text:
The state of Washington, its various counties, municipal corporations, quasi municipal corporations, cities, towns, villages and all other political subdivisions of the state are hereby authorized to accept from the federal government all loans, advances, grants in aid, or donations that may be made available by any federal agency for the purpose of financing the cost of architectural, engineering, and economic investigations and studies, surveys, designs, plans, working drawings, specifications, procedures, and other acts preliminary to the construction of public works.
[ 1971 c 76 s 5; 1945 c 106 s 1; Rem. Supp. 1945 s 10322-45.]

catchline: Loans and grants to finance preliminary public works expenditures.


title: RCW 39.30.010

text:
Any city or town or metropolitan park district or county or library district may execute an executory conditional sales contract with a county or counties, the state or any of its political subdivisions, the government of the United States, or any private party for the purchase of any real or personal property, or property rights in connection with the exercise of any powers or duties which they now or hereafter are authorized to exercise, if the entire amount of the purchase price specified in such contract does not result in a total indebtedness in excess of three-fourths of one percent of the value of the taxable property in such library district or the maximum amount of nonvoter-approved indebtedness authorized in such county, city, town, or metropolitan park district. If such a proposed contract would result in a total indebtedness in excess of this amount, a proposition in regard to whether or not such a contract may be executed shall be submitted to the voters for approval or rejection in the same manner that bond issues for capital purposes are submitted to the voters. Any city or town or metropolitan park district or county or library district may jointly execute contracts authorized by this section, if the entire amount of the purchase price does not result in a joint total indebtedness in excess of the nonvoter-approved indebtedness limitation of any city, town, metropolitan park district, county, or library district that participates in the jointly executed contract. The term "value of the taxable property" shall have the meaning set forth in RCW 39.36.015.
[ 1997 c 361 s 2; 1970 ex.s. c 42 s 26; 1963 c 92 s 1; 1961 c 158 s 1.]
Notes:
Severability—Effective date—1970 ex.s. c 42: See notes following RCW 39.36.015.

catchline: Executory conditional sales contracts for purchase of property—Limit on indebtedness—Election, when.


title: RCW 39.30.020

text:
In addition to any other remedies or penalties contained in any law, municipal charter, ordinance, resolution or other enactment, any municipal officer by or through whom or under whose supervision, in whole or in part, any contract is made in willful and intentional violation of any law, municipal charter, ordinance, resolution or other enactment requiring competitive bidding or procurement procedures for consulting, architectural, engineering, or other services, upon such contract shall be held liable to a civil penalty of not less than three hundred dollars and may be held liable, jointly and severally with any other such municipal officer, for all consequential damages to the municipal corporation. If, as a result of a criminal action, the violation is found to have been intentional, the municipal officer shall immediately forfeit his or her office. For purposes of this section, "municipal officer" means an "officer" or "municipal officer" as those terms are defined in RCW 42.23.020(2).
[ 2008 c 130 s 2; 1974 ex.s. c 74 s 1.]
Notes:
Contracts by cities or towns, bidding requirements: RCW 35.23.352.

catchline: Contracts requiring competitive bidding or procurement of services—Violations by municipal officer—Penalties.


title: RCW 39.30.040

text:
(1) Whenever a unit of local government is required to make purchases from the lowest bidder or from the supplier offering the lowest price for the items desired to be purchased, the unit of local government may, at its option when awarding a purchase contract, take into consideration tax revenue it would receive from purchasing the supplies, materials, or equipment from a supplier located within its boundaries. The unit of local government must award the purchase contract to the lowest bidder after such tax revenue has been considered. However, any local government may allow for preferential purchase of products made from recycled materials or products that may be recycled or reused. Any local government may allow for preferential purchase of compost to meet the requirements of RCW 43.19A.120. Any unit of local government which considers tax revenue it would receive from the imposition of taxes upon a supplier located within its boundaries must also consider tax revenue it would receive from taxes it imposes upon a supplier located outside its boundaries.
(2) A unit of local government may award a contract to a bidder submitting the lowest bid before taxes are applied. The unit of local government must provide notice of its intent to award a contract based on this method prior to bids being submitted. For the purposes of this subsection (2), "taxes" means only those taxes that are included in "tax revenue" as defined in this section.
(3) The definitions in this subsection apply throughout this section unless the context clearly requires otherwise.
(a) "Tax revenue" means sales taxes that units of local government impose upon the sale of supplies, materials, or equipment from the supplier to units of local government, and business and occupation taxes that units of local government impose upon the supplier that are measured by the gross receipts of the supplier from the sale.
(b) "Unit of local government" means any county, city, town, metropolitan municipal corporation, public transit benefit area, county transportation authority, or other municipal or quasi-municipal corporation authorized to impose sales and use taxes or business and occupation taxes.
[ 2022 c 180 s 702; 2013 c 24 s 1; 1989 c 431 s 58; 1985 c 72 s 1.]
Notes:
Findings—Intent—Scope of authority of chapter 180, Laws of 2022—2022 c 180: See notes following RCW 70A.205.007.

catchline: Purchases—Competitive bidding—Consideration of tax revenues—Purchase of recycled or reused materials or products—Definitions.


title: RCW 39.30.045

text:
Any municipality, as defined in RCW 39.04.010, may purchase any supplies, equipment, or materials at auctions conducted by the government of the United States or any agency thereof, any agency of the state of Washington, any municipality or other government agency, or any private party without being subject to public bidding requirements if the items can be obtained at a competitive price.
[ 1993 c 198 s 4; 1991 c 363 s 112.]
Notes:
Purpose—Captions not law—1991 c 363: See notes following RCW 2.32.180.

catchline: Purchase at auctions.


title: RCW 39.30.050

text:
Any contract by a governmental unit shall require the use of paper products to the maximum extent economically feasible that meet the specifications established by the department of enterprise services under RCW 39.26.255.
[ 2015 c 225 s 41; 1982 c 61 s 4.]
Notes:

catchline: Contracts to require use of paper products meeting certain specifications.


title: RCW 39.30.060

text:
(1) Every invitation to bid on a prime contract that is expected to cost $1,000,000 or more for the construction, alteration, or repair of any public building or public work of the state or a state agency or municipality as defined under RCW 39.04.010 or an institution of higher education as defined under RCW 28B.10.016 shall require each prime contract bidder to submit:
(a) At the published bid submittal time, the names of the licensed subcontractors and proof of license with whom the bidder, if awarded the contract, will subcontract for performance of the work of: HVAC (heating, ventilation, and air conditioning); plumbing as described in chapter 18.106 RCW; and electrical as described in chapter 19.28 RCW, or to name itself for the work, if it is licensed to perform the work for which it has named itself. Errors identified by the contracting agency in the proof of license information must be corrected by the bidder within 48 hours of submission; and
(b) Within 48 hours after the published bid submittal time, the names of the subcontractors with whom the bidder, if awarded the contract, will subcontract for performance of the work of structural steel installation and rebar installation.
(2) The prime contract bidder shall not list more than one subcontractor for each category of work identified, unless subcontractors vary with bid alternates, in which case the prime contract bidder must indicate which subcontractor will be used for which alternate. Failure of the prime contract bidder to submit as part of the bid the names of such subcontractors or to name itself to perform such work or the naming of two or more subcontractors to perform the same work shall render the prime contract bidder's bid nonresponsive and, therefore, void.
(3) Substitution of a listed subcontractor in furtherance of bid shopping or bid peddling before or after the award of the prime contract is prohibited and the originally listed subcontractor is entitled to recover monetary damages from the prime contract bidder who executed a contract with the public entity and the substituted subcontractor but not from the public entity inviting the bid. It is the original subcontractor's burden to prove by a preponderance of the evidence that bid shopping or bid peddling occurred. Substitution of a listed subcontractor may be made by the prime contractor for the following reasons:
(a) Refusal of the listed subcontractor to sign a contract with the prime contractor;
(b) Bankruptcy or insolvency of the listed subcontractor;
(c) Inability of the listed subcontractor to perform the requirements of the proposed contract or the project;
(d) Inability of the listed subcontractor to obtain the necessary bonding, insurance, or other statutory requirements to perform the work detailed in the contract;
(e) Refusal or inability to provide a letter of bondability from a surety company; or
(f) The listed subcontractor is barred from participating in the project as a result of a court order or summary judgment.
(4) The requirement of this section to name the prime contract bidder's proposed subcontractors applies only to proposed HVAC, plumbing, electrical, structural steel installation, and rebar installation subcontractors who will contract directly with the prime contract bidder submitting the bid to the public entity.
(5) This section does not apply to design-build requests for proposals under RCW 39.10.330, to general contractor/construction manager requests for proposals under RCW 39.10.350, or to job order contract requests for proposals under RCW 39.10.420.
[ 2025 c 308 s 1; 2021 c 103 s 1; 2020 c 140 s 1; 2003 c 301 s 5; 2002 c 163 s 2; 1999 c 109 s 1; 1995 c 94 s 1; 1994 c 91 s 1; 1993 c 378 s 1.]
Notes:
Intent—2002 c 163: "This act is intended to discourage bid shopping and bid peddling on Washington state public building and works projects." [ 2002 c 163 s 1.]
Application—1994 c 91: "This act applies prospectively only and not retroactively. It applies only to invitations to bid issued on or after June 9, 1994." [ 1994 c 91 s 2.]
Application—1993 c 378: "This act applies prospectively only and not retroactively. It applies only to invitations to bid issued on or after July 25, 1993." [ 1993 c 378 s 2.]

catchline: Bids on public works—Identification, substitution of licensed subcontractors.


title: RCW 39.30.070

text:
This chapter does not apply to contracts entered into under RCW 36.102.060(4) or development agreements entered into under RCW 36.102.060(7).
[ 1997 c 220 s 403 (Referendum Bill No. 48, approved June 17, 1997).]
Notes:
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.

catchline: Exceptions—Contracts or development agreements related to stadium and exhibition center.


title: RCW 39.32.010

text:
For the purposes of RCW 39.32.010 through 39.32.060:
The term "eligible donee" means any public agency carrying out or promoting for the residents of a given political area one or more public purposes, such as conservation, economic development, education, parks and recreation, public health, and public safety; or nonprofit educational or public health institutions or organizations, such as medical institutions, hospitals, clinics, health centers, schools, colleges, universities, schools for persons with intellectual disabilities, schools for persons with physical disabilities, child care centers, radio and television stations licensed by the federal communications commission as educational radio or educational television stations, museums attended by the public, and public libraries serving all residents of a community, district, state, or region, and which are exempt from taxation under Section 501 of the Internal Revenue Code of 1954, for purposes of education or public health, including research for any such purpose.
The term "public agency" means the state or any subdivision thereof, including any unit of local government, economic development district, emergency services organization, or any instrumentality created by compact or other agreement between the state and a political subdivision, or any Indian tribe, band, group, or community located on a state reservation.
The term "surplus property" means any property, title to which is in the federal, state, or local government or any department or agency thereof, and which property is to be disposed of as surplus under any act of congress or the legislature or local statute, heretofore or hereafter enacted providing for such disposition.
[ 2010 c 94 s 10; 1995 c 137 s 2; 1977 ex.s. c 135 s 1; 1967 ex.s. c 70 s 1; 1945 c 205 s 1; Rem. Supp. 1945 s 10322-60.]
Notes:
Purpose—2010 c 94: See note following RCW 44.04.280.


title: RCW 39.32.020

text:
The director of enterprise services is hereby authorized to purchase, lease or otherwise acquire from federal, state, or local government or any surplus property disposal agency thereof surplus property to be used in accordance with the provisions of this chapter.
[ 2015 c 225 s 42; 1995 c 137 s 3; 1977 ex.s. c 135 s 2; 1967 ex.s. c 70 s 2; 1945 c 205 s 2; Rem. Supp. 1945 s 10322-61.]
Notes:
Authority of superintendent of public instruction to acquire federal surplus or donated food commodities for school district hot lunch program: Chapter 28A.235 RCW.

catchline: Acquisition of surplus property authorized.


title: RCW 39.32.035

text:
The enterprise services account shall be administered by the director of enterprise services and be used for the purchase, lease or other acquisition from time to time of surplus property from any federal, state, or local government surplus property disposal agency. The director may purchase, lease or acquire such surplus property on the requisition of an eligible donee and without such requisition at such time or times as he or she deems it advantageous to do so; and in either case he or she shall be responsible for the care and custody of the property purchased so long as it remains in his or her possession.
[ 2011 1st sp.s. c 43 s 252; 1998 c 105 s 3; 1995 c 137 s 4; 1977 ex.s. c 135 s 3; 1967 ex.s. c 70 s 4; 1945 c 205 s 4; Rem. Supp. 1945 s 10322-63. Formerly RCW 39.32.030, part.]
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: Administration and use of enterprise services account—Director's authority to lease and acquire surplus property.


title: RCW 39.32.040

text:
In purchasing federal surplus property on requisition for any eligible donee the director may advance the purchase price thereof from the enterprise services account, and he or she shall then in due course bill the proper eligible donee for the amount paid by him or her for the property plus a reasonable amount to cover the expense incurred by him or her in connection with the transaction. In purchasing surplus property without requisition, the director shall be deemed to take title outright and he or she shall then be authorized to resell from time to time any or all of such property to such eligible donees as desire to avail themselves of the privilege of purchasing. All moneys received in payment for surplus property from eligible donees shall be deposited by the director in the enterprise services account. The director shall sell federal surplus property to eligible donees at a price sufficient only to reimburse the enterprise services account for the cost of the property to the account, plus a reasonable amount to cover expenses incurred in connection with the transaction. Where surplus property is transferred to an eligible donee without cost to the transferee, the director may impose a reasonable charge to cover expenses incurred in connection with the transaction. The governor, through the director of enterprise services, shall administer the surplus property program in the state and shall perform or supervise all those functions with respect to the program, its agencies and instrumentalities.
[ 2015 c 225 s 43; 1998 c 105 s 4; 1995 c 137 s 5; 1977 ex.s. c 135 s 4; 1967 ex.s. c 70 s 5; 1945 c 205 s 5; Rem. Supp. 1945 s 10322-64.]
Notes:
Effective date—1998 c 105: See note following RCW 43.19.025.

catchline: Procedure to purchase—Requisitions—Price at which sold—Disposition of proceeds—Duties of governor.


title: RCW 39.32.060

text:
The director of enterprise services shall have power to promulgate such rules and regulations as may be necessary to effectuate the purposes of RCW 39.32.010 through 39.32.060 and to carry out the provisions of the Federal Property and Administrative Services Act of 1949, as amended.
[ 2015 c 225 s 44; 1977 ex.s. c 135 s 5; 1967 ex.s. c 70 s 6; 1945 c 205 s 7; Rem. Supp. 1945 s 10322-66.]
Notes:

catchline: Rules and regulations.


title: RCW 39.32.070

text:
The state of Washington, through any department, division, bureau, board, commission, authority, or agency thereof, and all counties, cities, towns, and other political subdivisions thereof, is hereby authorized to enter into any contract with the United States of America, or with any agency thereof, for the purchase of any equipment, supplies, materials, or other property, without regard to the provisions of any law requiring the advertising, giving of notices, inviting or receiving bids, or which may require the delivery of purchases before payment, and to this end the executive head of any such department, division, bureau, board, commission, authority, or agency of the state, the county commissioners and the executive authority of any city or town, may designate by appropriate resolution or order any officeholder or employee of its own to enter a bid or bids in its behalf at any sale of any equipment, supplies, material or other property real or personal owned by the United States of America or any agency thereof, and may authorize said person to make any down payment, or payment in full, required in connection with such bidding.
[ 1945 c 180 s 1; Rem. Supp. 1945 s 10322-50. FORMER PART OF SECTION: 1945 c 88 s 1 now codified as RCW 39.32.090.]

catchline: Purchase of property from federal government authorized—Authority to contract—Bidding—Payment.


title: RCW 39.32.080

text:
Any provisions of any law, charter, ordinance, resolution, bylaw, rule or regulation which are inconsistent with the provisions of RCW 39.32.070 and 39.32.080 are suspended to the extent such provisions are inconsistent herewith.
[ 1945 c 180 s 2; Rem. Supp. 1945 s 10322-51.]

catchline: Purchase of property from federal government authorized—Inconsistent provisions suspended.


title: RCW 39.32.090

text:
Whenever authorized by ordinance or resolution of its legislative authority any political subdivision of the state shall have power to purchase supplies, materials, electronic data processing and telecommunication equipment, software, services, and/or equipment from or through the United States government without calling for bids, notwithstanding any law or charter provision to the contrary.
[ 2013 c 132 s 1; 1945 c 88 s 1; Rem. Supp. 1945 s 10322-40. Formerly RCW 39.32.070, part.]

catchline: Purchases by political subdivisions from or through United States authorized.


title: RCW 39.33.010

text:
(1) The state or any municipality or any political subdivision thereof, may sell, transfer, exchange, lease or otherwise dispose of any property, real or personal, or property rights, including but not limited to the title to real property, to the state or any municipality or any political subdivision thereof, or the federal government, or a federally recognized Indian tribe, on such terms and conditions as may be mutually agreed upon by the proper authorities of the state and/or the subdivisions concerned. In addition, the state, or any municipality or any political subdivision thereof, may sell, transfer, exchange, lease, or otherwise dispose of personal property, except weapons, to a foreign entity.
(2) This section shall be deemed to provide an alternative method for the doing of the things authorized herein, and shall not be construed as imposing any additional condition upon the exercise of any other powers vested in the state, municipalities or political subdivisions.
(3) No intergovernmental transfer, lease, or other disposition of property made pursuant to any other provision of law prior to May 23, 1972, shall be construed to be invalid solely because the parties thereto did not comply with the procedures of this section.
[ 2011 c 259 s 1; 2003 c 303 s 1; 1981 c 96 s 1; 1973 c 109 s 1; 1972 ex.s. c 95 s 1; 1953 c 133 s 1.]
Notes:
Effective date—2003 c 303: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately [May 14, 2003]." [ 2003 c 303 s 2.]
Exchange of county tax title lands with other governmental agencies: Chapter 36.35 RCW.

catchline: Sale, exchange, transfer, lease of public property authorized—Section deemed alternative.


title: RCW 39.33.015

text:
(1) Any state agency, municipality, or political subdivision, with authority to dispose of surplus public property, may transfer, lease, or otherwise dispose of such property for a public benefit purpose, consistent with and subject to this section. Any such transfer, lease, or other disposal may be made to a public, private, or nongovernmental body on any mutually agreeable terms and conditions, including a no cost transfer, subject to and consistent with this section. Consideration must include appraisal costs, debt service, all closing costs, and any other liabilities to the agency, municipality, or political subdivision. However, the property may not be so transferred, leased, or disposed of if such transfer, lease, or disposal would violate any bond covenant or encumber or impair any contract.
(2) A deed, lease, or other instrument transferring or conveying property pursuant to subsection (1) of this section must include:
(a) A covenant or other requirement that the property shall be used for the designated public benefit purpose; and
(b) Remedies that apply if the recipient of the property fails to use it for the designated public purpose or ceases to use it for such purpose.
(3) To implement the authority granted by this section, the governing body or legislative authority of a municipality or political subdivision must enact rules to regulate the disposition of property for public benefit purposes. Any transfer, lease, or other disposition of property authorized under this section must be consistent with existing locally adopted comprehensive plans as described in RCW 36.70A.070.
(4) This section is deemed to provide a discretionary alternative method for the doing of the things authorized herein, and shall not be construed as imposing any additional condition upon the exercise of any other powers vested in any state agency, municipality, or political subdivision.
(5) No transfer, lease, or other disposition of property for public benefit purposes made pursuant to any other provision of law prior to June 7, 2018, may be construed to be invalid solely because the parties thereto did not comply with the procedures of this section.
(6) The transfer at no cost, lease, or other disposal of surplus real property for public benefit purposes is deemed a lawful purpose of any state agency, municipality, or political subdivision, for which accounts are kept on an enterprise fund or equivalent basis, regardless of the primary purpose or function of such agency.
(7) This section does not apply to the sale or transfer of any state forestlands, any state lands or property granted to the state by the federal government for the purposes of common schools or education, or subject to a legal restriction that would be violated by compliance with this section.
(8) For purposes of this section:
(a) "Affordable housing" means:
(i) For rental housing, 30 percent of the household's monthly income for rent and utilities, other than telephone; or
(ii) For permanently affordable homeownership, 38 percent of the household's monthly income for mortgage principal, interest, property taxes, homeowner's insurance, homeowner's association fees, and land lease fees, as applicable. In addition, total household debt is no more than 45 percent of the monthly household income;
(b) "Public benefit" means affordable housing, which can be rental housing or permanently affordable homeownership for low-income and very low-income households as defined in RCW 43.63A.510, and related facilities that support the goals of affordable housing development in providing economic and social stability for low-income persons; and
(c) "Surplus public property" means excess real property that is not required for the needs of or the discharge of the responsibilities of the state agency, municipality, or political subdivision.
[ 2023 c 301 s 1; 2018 c 217 s 3.]

catchline: Transfer, lease, disposal of public property for affordable housing.


title: RCW 39.33.020

text:
Before disposing of surplus property with an estimated value of more than fifty thousand dollars, the state or a political subdivision shall hold a public hearing in the county where the property or the greatest portion thereof is located. At least ten days but not more than twenty-five days prior to the hearing, there shall be published a public notice of reasonable size in display advertising form, setting forth the date, time, and place of the hearing at least once in a newspaper of general circulation in the area where the property is located. A news release pertaining to the hearing shall be disseminated among printed and electronic media in the area where the property is located. If real property is involved, the public notice and news release shall identify the property using a description which can easily be understood by the public. If the surplus is real property, the public notice and news release shall also describe the proposed use of the lands involved. If there is a failure to substantially comply with the procedures set forth in this section, then the sale, transfer, exchange, lease, or other disposal shall be subject to being declared invalid by a court. Any such suit must be brought within one year from the date of the disposal agreement.
[ 1995 c 123 s 1; 1981 c 96 s 2.]

catchline: Disposal of surplus property—Hearing—Notice.


title: RCW 39.33.050

text:
The legislative body of any municipal corporation, quasi municipal corporation or political subdivision of the state of Washington authorized to develop and operate a public mass transportation system shall have power to contract with the legislative body of any other municipal corporation, quasi municipal corporation or political subdivision of the state of Washington, or with any person, firm or corporation for public transportation services or for the use of all or any part of any publicly owned transportation facilities for such period and under such terms and conditions and upon such rentals, fees and charges as the legislative body operating such public transportation system may determine, and may pledge all or any portion of such rentals, fees and charges and all other revenue derived from the ownership or operation of publicly owned transportation facilities to pay and to secure the payment of general obligation bonds and/or revenue bonds of such municipality issued for the purpose of acquiring or constructing a public mass transportation system.
[ 1969 ex.s. c 255 s 16.]
Notes:
Construction—Severability—1969 ex.s. c 255: See notes following RCW 35.58.272.
Public transportation systems: RCW 35.58.272 and 35.58.2721.

catchline: Public mass transportation systems—Contracts for services or use.


title: RCW 39.33.060

text:
Any governmental unit, as defined in RCW 36.93.020(1) as it now exists or is hereafter amended, may convey its real or personal property or any interest or right therein to, or contract for the use of such property by, the county or park and recreation district wherein such property is located for park or recreational purposes, by private negotiation and upon such terms and with such consideration as might be mutually agreed to by such governmental unit and the board of county commissioners or the park and recreation district board of commissioners.
[ 1971 ex.s. c 243 s 7.]

catchline: Transfer of property or contract for use for park and recreational purposes.


title: RCW 39.33.070

text:
Any school district or educational service district, after complying with the requirements of RCW 28A.335.180, and any library, as defined in RCW 27.12.010, may dispose of surplus or obsolete books, periodicals, newspapers, and other reading materials as follows:
(1) If the reading materials are estimated to have value as reading materials in excess of one thousand dollars, they shall be sold at public auction to the person submitting the highest reasonable bid following publication of notice of the auction in a newspaper with a general circulation in the library or school district.
(2) If no reasonable bids are submitted under subsection (1) of this section or if the reading materials are estimated to have value as reading materials of one thousand dollars or less, the library or school district may directly negotiate the sale of the reading materials to a public or private entity.
(3) If the reading materials are determined to have no value as reading materials or if no purchaser is found under subsection (2) of this section the reading materials may be recycled or destroyed.
These methods for disposing of surplus or obsolete reading materials shall be in addition to any other method available to libraries and school districts for disposal of the property.
[ 1990 c 33 s 567; 1979 ex.s. c 134 s 1.]
Notes:
Purpose—Statutory references—Severability—1990 c 33: See RCW 28A.900.100 through 28A.900.102.

catchline: School districts and libraries—Disposal of obsolete or surplus reading materials—Procedures.


title: RCW 39.33.090

text:
This chapter does not apply to transfers of property under *sections 1 and 2 of this act.
[ 2006 c 35 s 7.]
Notes:
*Reviser's note: The reference to "sections 1 and 2 of this act" appears to be erroneous. Reference to "sections 2 and 3 of this act" codified as RCW 43.99C.070 and 43.83D.120 was apparently intended. RCW 43.99C.070 and 43.83D.120 were recodified as RCW 43.83.400 and 43.83.410, respectively, by the code reviser September 2015.
Findings—2006 c 35: See note following RCW 43.83.400.

catchline: Chapter not applicable to certain transfers of property.


title: RCW 39.34.010

text:
It is the purpose of this chapter to permit local governmental units to make the most efficient use of their powers by enabling them to cooperate with other localities on a basis of mutual advantage and thereby to provide services and facilities in a manner and pursuant to forms of governmental organization that will accord best with geographic, economic, population and other factors influencing the needs and development of local communities.
[ 1967 c 239 s 1.]
Notes:
Joint operations by municipal corporations and political subdivisions, deposit and control of funds: RCW 43.09.285.

catchline: Declaration of purpose.


title: RCW 39.34.020

text:
Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.
(1) "Public agency" means any agency, political subdivision, or unit of local government of this state including, but not limited to, municipal corporations, quasi municipal corporations, special purpose districts, and local service districts; any agency of the state government; any agency of the United States; any Indian tribe recognized as such by the federal government; and any political subdivision of another state.
(2) "State" means a state of the United States.
(3) "Watershed management partnership" means an interlocal cooperation agreement formed under the authority of RCW 39.34.200.
(4) "WRIA" has the definition in RCW 90.82.020.
[ 2003 c 327 s 3; 1985 c 33 s 1; 1979 c 36 s 1; 1977 ex.s. c 283 s 13; 1975 1st ex.s. c 115 s 1; 1973 c 34 s 1; 1971 c 33 s 1; 1969 c 88 s 1; 1969 c 40 s 1; 1967 c 239 s 3.]
Notes:
Finding—Intent—2003 c 327: See note following RCW 39.34.190.
Severability—1977 ex.s. c 283: See note following RCW 28A.310.010.

catchline: Definitions.


title: RCW 39.34.030

text:
(1) Any power or powers, privileges or authority exercised or capable of exercise by a public agency of this state may be exercised and enjoyed jointly with any other public agency of this state having the power or powers, privilege or authority, and jointly with any public agency of any other state or of the United States to the extent that laws of such other state or of the United States permit such joint exercise or enjoyment. Any agency of the state government when acting jointly with any public agency may exercise and enjoy all of the powers, privileges and authority conferred by this chapter upon a public agency.
(2) Any two or more public agencies may enter into agreements with one another for joint or cooperative action pursuant to the provisions of this chapter, except that any such joint or cooperative action by public agencies which are educational service districts and/or school districts shall comply with the provisions of RCW 28A.320.080. Appropriate action by ordinance, resolution or otherwise pursuant to law of the governing bodies of the participating public agencies shall be necessary before any such agreement may enter into force.
(3) Any such agreement shall specify the following:
(a) Its duration;
(b) The precise organization, composition and nature of any separate legal or administrative entity created thereby together with the powers delegated thereto, provided such entity may be legally created. Such entity may include a nonprofit corporation organized pursuant to chapter 24.03A or 24.06 RCW whose membership is limited solely to the participating public agencies or a partnership organized pursuant to chapter *25.04 or 25.05 RCW whose partners are limited solely to participating public agencies, or a limited liability company organized under chapter 25.15 RCW whose membership is limited solely to participating public agencies, and the funds of any such corporation, partnership, or limited liability company shall be subject to audit in the manner provided by law for the auditing of public funds;
(c) Its purpose or purposes;
(d) The manner of financing the joint or cooperative undertaking and of establishing and maintaining a budget therefor;
(e) The permissible method or methods to be employed in accomplishing the partial or complete termination of the agreement and for disposing of property upon such partial or complete termination; and
(f) Any other necessary and proper matters.
(4) In the event that the agreement does not establish a separate legal entity to conduct the joint or cooperative undertaking, the agreement shall contain, in addition to provisions specified in subsection (3)(a), (c), (d), (e), and (f) of this section, the following:
(a) Provision for an administrator or a joint board responsible for administering the joint or cooperative undertaking. In the case of a joint board, public agencies that are party to the agreement shall be represented; and
(b) The manner of acquiring, holding and disposing of real and personal property used in the joint or cooperative undertaking. Any joint board is authorized to establish a special fund with a state, county, city, or district treasurer servicing an involved public agency designated "Operating fund of . . . . . . joint board."
(5) No agreement made pursuant to this chapter relieves any public agency of any obligation or responsibility imposed upon it by law except that:
(a) To the extent of actual and timely performance thereof by a joint board or other legal or administrative entity created by an agreement made pursuant to this chapter, the performance may be offered in satisfaction of the obligation or responsibility; and
(b) With respect to one or more public agencies purchasing or otherwise contracting through a bid, proposal, or contract awarded by another public agency or by a group of public agencies, any obligation with respect to competitive bids or proposals that applies to the public agencies involved is satisfied if the public agency or group of public agencies that awarded the bid, proposal, or contract complied with its own statutory requirements and either (i) posted the bid or solicitation notice on a website established and maintained by a public agency, purchasing cooperative, or similar service provider, for purposes of posting public notice of bid or proposal solicitations, or (ii) provided an access link on the state's web portal to the notice.
(6)(a) Any two or more public agencies may enter into a contract providing for the joint utilization of architectural or engineering services if:
(i) The agency contracting with the architectural or engineering firm complies with the requirements for contracting for such services under chapter 39.80 RCW; and
(ii) The services to be provided to the other agency or agencies are related to, and within the general scope of, the services the architectural or engineering firm was selected to perform.
(b) Any agreement providing for the joint utilization of architectural or engineering services under this subsection must be executed for a scope of work specifically detailed in the agreement and must be entered into prior to commencement of procurement of such services under chapter 39.80 RCW.
(7) Financing of joint projects by agreement shall be as provided by law.
(8) Transit agencies, as defined in RCW 81.104.015, are exempt from the interlocal agreement requirements of subsections (2) through (4) of this section when purchasing rolling stock and related equipment from state cooperative procurement schedules established under section 3019 of P.L. 114-94.
[ 2023 c 43 s 1; 2021 c 176 s 5216; 2019 c 91 s 1; 2015 c 232 s 1; 2009 c 202 s 6. Prior: 2008 c 198 s 2; 2004 c 190 s 1; 1992 c 161 s 4; 1990 c 33 s 568; 1981 c 308 s 2; 1972 ex.s. c 81 s 1; 1967 c 239 s 4.]
Notes:
*Reviser's note: Chapter 25.04 RCW was repealed in its entirety by 1998 c 103 s 1308, effective January 1, 1999.
Effective date—2021 c 176: See note following RCW 24.03A.005.
Finding—2008 c 198: "The legislature finds that it is in the public interest for public utility districts to develop renewable energy projects to meet requirements enacted by the people in Initiative Measure No. 937 and goals of diversifying energy resource portfolios. By developing more efficient and cost-effective renewable energy projects, public utility districts will keep power costs as low as possible for their customers. Consolidating and clarifying statutory provisions governing various aspects of public utility district renewable energy project development will reduce planning time and expense to meet these objectives." [ 2008 c 198 s 1.]
Intent—1992 c 161: See note following RCW 70.44.450.
Purpose—Statutory references—Severability—1990 c 33: See RCW 28A.900.100 through 28A.900.102.
Severability—1981 c 308: See note following RCW 28A.320.080.
Joint operations by municipal corporations or political subdivisions, deposit and control of funds: RCW 43.09.285.

catchline: Joint powers—Agreements for joint or cooperative action, requisites, effect on responsibilities of component agencies—Joint utilization of architectural or engineering services—Financing of joint projects—Transit agencies.


title: RCW 39.34.040

text:
Prior to its entry into force, an agreement made pursuant to this chapter shall be filed with the county auditor or, alternatively, listed by subject on a public agency's website or other electronically retrievable public source. In the event that an agreement entered into pursuant to this chapter is between or among one or more public agencies of this state and one or more public agencies of another state or of the United States the agreement shall have the status of an interstate compact, but in any case or controversy involving performance or interpretation thereof or liability thereunder, the public agencies party thereto shall be real parties in interest and the state may maintain an action to recoup or otherwise make itself whole for any damages or liability which it may incur by reason of being joined as a party therein. Such action shall be maintainable against any public agency or agencies whose default, failure of performance, or other conduct caused or contributed to the incurring of damage or liability by the state.
[ 2006 c 32 s 1; 1995 c 22 s 1; 1992 c 161 s 5; 1967 c 239 s 5.]
Notes:
Intent—1992 c 161: See note following RCW 70.44.450.

catchline: Methods of filing agreements—Status of interstate agreements—Real party in interest—Actions.


title: RCW 39.34.050

text:
In the event that an agreement made pursuant to this chapter shall deal in whole or in part with the provision of services or facilities with regard to which an officer or agency of the state government has constitutional or statutory powers of control, the agreement shall, as a condition precedent to its entry into force, be submitted to the state officer or agency having such power of control. The agreement shall be approved or disapproved by the state officer or agency with regard to matters within his, her, or its jurisdiction within ninety days after receipt of the agreement. If a state officer or agency fails to act within the ninety-day time limit, the agreement shall be deemed approved by that state officer or agency.
[ 1992 c 161 s 6; 1967 c 239 s 6.]
Notes:
Intent—1992 c 161: See note following RCW 70.44.450.

catchline: Duty to submit agreement to jurisdictional state officer or agency.


title: RCW 39.34.055

text:
The department of enterprise services may enter into an agreement with a public benefit nonprofit corporation to allow the public benefit nonprofit corporation to participate in state contracts for purchases administered by the department. Such agreement must comply with the requirements of RCW 39.34.030 through 39.34.050. For the purposes of this section "public benefit nonprofit corporation" means a public benefit nonprofit corporation as defined in RCW 24.03A.245 that is receiving local, state, or federal funds either directly or through a public agency other than an Indian tribe or a political subdivision of another state.
[ 2021 c 176 s 5217; 2011 1st sp.s. c 43 s 246; 1994 c 98 s 1.]
Notes:
Effective date—2021 c 176: See note following RCW 24.03A.005.
Effective date—Purpose—2011 1st sp.s. c 43: See notes following RCW 43.19.003.

catchline: Public purchase agreements with public benefit nonprofit corporations.


title: RCW 39.34.060

text:
Any public agency entering into an agreement pursuant to this chapter may appropriate funds and may sell, lease, give, or otherwise supply property, personnel, and services to the administrative joint board or other legal or administrative entity created to operate the joint or cooperative undertaking.
[ 1992 c 161 s 7; 1967 c 239 s 7.]
Notes:
Intent—1992 c 161: See note following RCW 70.44.450.

catchline: Participating agencies may appropriate funds and provide personnel, property, and services.


title: RCW 39.34.070

text:
Any joint board created pursuant to the provisions of this chapter is hereby authorized to accept loans or grants of federal, state or private funds in order to accomplish the purposes of this chapter provided each of the participating public agencies is authorized by law to receive such funds.
[ 1967 c 239 s 8.]

catchline: Authority of joint boards to receive loans or grants.


title: RCW 39.34.080

text:
Any one or more public agencies may contract with any one or more other public agencies to perform any governmental service, activity, or undertaking which each public agency entering into the contract is authorized by law to perform: PROVIDED, That such contract shall be authorized by the governing body of each party to the contract. Such contract shall set forth fully the purposes, powers, rights, objectives, and responsibilities of the contracting parties.
[ 1967 c 239 s 9.]

catchline: Contracts to perform governmental activities which each contracting agency is authorized to perform.


title: RCW 39.34.085

text:
In addition to the other powers granted by chapter 39.34 RCW, one or more cities or towns or a county, or any combination thereof, may enter into agreements with each other or with a public transportation agency of a contiguous state, or contiguous Canadian province, to allow a city or such other transportation agency to operate bus service for the transportation of the general public within the territorial boundaries of such city and/or county or to allow such city and/or county to operate such bus service within the jurisdiction of such other public agency when no such existing bus certificate of public convenience and necessity has been authorized by the Washington utilities and transportation commission: PROVIDED, HOWEVER, That such transportation may extend beyond the territorial boundaries of either party to the agreement if the agreement so provides, and if such service is not in conflict with existing bus service authorized by the Washington utilities and transportation commission. The provisions of this section shall be cumulative and nonexclusive and shall not affect any other right granted by this chapter or any other provision of law.
[ 1977 c 46 s 1; 1969 ex.s. c 139 s 1.]

catchline: Agreements for operation of bus services.


title: RCW 39.34.090

text:
Nothing in this chapter shall be construed to increase or decrease existing authority of any public agency of this state to enter into agreements or contracts with any other public agency of this state or of any other state or the United States with regard to the generation, transmission, or distribution of electricity or the existing powers of any private or public utilities.
[ 1967 c 239 s 10.]

catchline: Agencies' contracting authority regarding electricity, utilities' powers, preserved.


title: RCW 39.34.100

text:
The powers and authority conferred by this chapter shall be construed as in addition and supplemental to powers or authority conferred by any other law, and nothing contained herein shall be construed as limiting any other powers or authority of any public agency.
[ 1967 c 239 s 11.]

catchline: Powers conferred by chapter are supplemental.


title: RCW 39.34.110

text:
No power, privilege, or other authority shall be exercised under this chapter where prohibited by the state Constitution or the Constitution or laws of the federal government.
[ 1967 c 239 s 12.]

catchline: Powers otherwise prohibited by Constitutions or federal laws.


title: RCW 39.34.130

text:
Except as otherwise provided by law, the full costs of a state agency incurred in providing services or furnishing materials to or for another agency under chapter 39.34 RCW or any other statute shall be charged to the agency contracting for such services or materials and shall be repaid and credited to the fund or appropriation against which the expenditure originally was charged. Amounts representing a return of expenditures from an appropriation shall be considered as returned loans of services or of goods, supplies or other materials furnished, and may be expended as part of the original appropriation to which they belong without further or additional appropriation. Such interagency transactions shall be subject to regulation by the director of financial management, including but not limited to provisions for the determination of costs, prevention of interagency contract costs beyond those which are fully reimbursable, disclosure of reimbursements in the governor's budget and such other requirements and restrictions as will promote more economical and efficient operations of state agencies.
Except as otherwise provided by law, this section shall not apply to the furnishing of materials or services by one agency to another when other funds have been provided specifically for that purpose pursuant to law.
[ 1979 c 151 s 45; 1969 ex.s. c 61 s 1.]
Notes:
Duty to submit agreement of jurisdictional state officer or agency: RCW 39.34.050.

catchline: Transactions between state agencies—Charging of costs—Regulation by director of financial management.


title: RCW 39.34.140

text:
The director of financial management may establish procedures whereby some or all payments between state agencies may be made by transfers upon the accounts of the state treasurer in lieu of making such payments by warrant or check. Such procedures, when established, shall include provision for corresponding entries to be made in the accounts of the affected agencies.
[ 1979 c 151 s 46; 1969 ex.s. c 61 s 2.]

catchline: Transactions between state agencies—Procedures for payments through transfers upon accounts.


title: RCW 39.34.150

text:
State agencies are authorized to advance funds to defray charges for materials to be furnished or services to be rendered by other state agencies. Such advances shall be made only upon the approval of the director of financial management, or his or her order made pursuant to an appropriate regulation requiring advances in certain cases. An advance shall be made from the fund or appropriation available for the procuring of such services or materials, to the state agency which is to perform the services or furnish the materials, in an amount no greater than the estimated charges therefor.
[ 2011 c 336 s 805; 1979 c 151 s 47; 1969 ex.s. c 61 s 3.]

catchline: Transactions between state agencies—Advancements.


title: RCW 39.34.160

text:
An advance made under RCW 39.34.130 through 39.34.150 from appropriated funds shall be available for expenditure for no longer than the period of the appropriation from which it was made. When the actual costs of materials and services have been finally determined, and in no event later than the lapsing of the appropriation, any unexpended balance of the advance shall be returned to the agency for credit to the fund or account from which it was made.
[ 1969 ex.s. c 61 s 4.]

catchline: Transactions between state agencies—Time limitation for expenditure of advance—Unexpended balance.


title: RCW 39.34.170

text:
The powers and authority conferred by RCW 39.34.130 through 39.34.160 shall be construed as in addition and supplemental to powers or authority conferred by any other law, and not to limit any other powers or authority of any public agency expressly granted by any other statute.
[ 1969 ex.s. c 61 s 5.]

catchline: Transactions between state agencies—Powers and authority cumulative.


title: RCW 39.34.180

text:
(1) Each county, city, and town is responsible for the prosecution, adjudication, sentencing, and incarceration of misdemeanor and gross misdemeanor offenses committed by adults in their respective jurisdictions, and referred from their respective law enforcement agencies, whether filed under state law or city ordinance, and must carry out these responsibilities through the use of their own courts, staff, and facilities, or by entering into contracts or interlocal agreements under this chapter to provide these services. Nothing in this section is intended to alter the statutory responsibilities of each county for the prosecution, adjudication, sentencing, and incarceration for not more than one year of felony offenders, nor shall this section apply to any offense initially filed by the prosecuting attorney as a felony offense or an attempt to commit a felony offense. The court of any county, city, or town that wishes to offer probation supervision services may enter into interlocal agreements under subsection (6) of this section to provide those services.
(2) The following principles must be followed in negotiating interlocal agreements or contracts: Cities and counties must consider (a) anticipated costs of services; and (b) anticipated and potential revenues to fund the services, including fines and fees, criminal justice funding, and state-authorized sales tax funding levied for criminal justice purposes.
(3) If an agreement as to the levels of compensation within an interlocal agreement or contract for gross misdemeanor and misdemeanor services cannot be reached between a city and county, then either party may invoke binding arbitration on the compensation issued by notice to the other party. In the case of establishing initial compensation, the notice shall request arbitration within thirty days. In the case of nonrenewal of an existing contract or interlocal agreement, the notice must be given one hundred twenty days prior to the expiration of the existing contract or agreement and the existing contract or agreement remains in effect until a new agreement is reached or until an arbitration award on the matter of fees is made. The city and county each select one arbitrator, and the initial two arbitrators pick a third arbitrator. This subsection does not apply to the extent that the interlocal agreement is for probation supervision services.
(4) A city or county that wishes to terminate an agreement for the provision of court services must provide written notice of the intent to terminate the agreement in accordance with RCW 3.50.810 and 35.20.010. This subsection does not apply to the extent that the interlocal agreement is for probation supervision services. The city or county shall provide a copy of the written notice to terminate an agreement for the provision of court services to the administrative office of the courts not less than one year prior to the expiration of the agreement.
(5) For cities or towns that have not adopted, in whole or in part, criminal code or ordinance provisions related to misdemeanor and gross misdemeanor crimes as defined by state law, this section shall have no application until July 1, 1998.
(6) Municipal courts or district courts may enter into interlocal agreements for pretrial and/or postjudgment probation supervision services pursuant to ARLJ 11. Such agreements shall not affect the jurisdiction of the court that imposes probation supervision, need not require the referral of all supervised cases by a jurisdiction, and may limit the referral for probation supervision services to a single case. An agreement for probation supervision services is not valid unless approved by the presiding judge of each participating court. The interlocal agreement may not require approval of the local executive and legislative bodies unless the interlocal agreement requires the expenditure of additional funds by the jurisdiction. If the jurisdiction providing probation supervision services is found liable for inadequate supervision, as provided in RCW 4.24.760(1), or is impacted by increased costs pursuant to the interlocal agreement, the presiding judge of the jurisdiction imposing probation supervision shall consult with the executive authority of the jurisdiction imposing probation supervision and determine whether to terminate the interlocal agreement for probation supervision services. All proceedings to grant, modify, or revoke probation must be held in the court that imposes probation supervision. Jail costs and the cost of other sanctions remain with the jurisdiction that imposes probation supervision.
The administrative office of the courts, in cooperation with the district and municipal court judges association and the Washington association of prosecuting attorneys, shall develop a model interlocal agreement.
[ 2024 c 61 s 6; 2021 c 41 s 2; 2001 c 68 s 4; 1996 c 308 s 1.]
Notes:
Effective date—1996 c 308: "This act shall take effect January 1, 1997." [ 1996 c 308 s 2.]

catchline: Criminal justice responsibilities—Interlocal agreements—Termination.


title: RCW 39.34.190

text:
(1) The legislative authority of a city or county and the governing body of any special purpose district enumerated in subsection (2) of this section may authorize up to ten percent of its water-related revenues to be expended in the implementation of watershed management plan projects or activities that are in addition to the county's, city's, or district's existing water-related services or activities. Such limitation on expenditures shall not apply to water-related revenues of a public utility district organized according to Title 54 RCW. Water-related revenues include rates, charges, and fees for the provision of services relating to water supply, treatment, distribution, and management generally, and those general revenues of the local government that are expended for water management purposes. A local government may not expend for this purpose any revenues that were authorized by voter approval for other specified purposes or that are specifically dedicated to the repayment of municipal bonds or other debt instruments.
(2) The following special purpose districts may exercise the authority provided by this section:
(a) Water districts, sewer districts, and water-sewer districts organized under Title 57 RCW;
(b) Public utility districts organized under Title 54 RCW;
(c) Irrigation, reclamation, conservation, and similar districts organized under Titles 87 and 89 RCW;
(d) Port districts organized under Title 53 RCW;
(e) Diking, drainage, and similar districts organized under Title 85 RCW;
(f) Flood control and similar districts organized under Title 86 RCW;
(g) Lake or beach management districts organized under chapter 36.61 RCW;
(h) Aquifer protection areas organized under chapter 36.36 RCW; and
(i) Shellfish protection districts organized under chapter 90.72 RCW.
(3) The authority for expenditure of local government revenues provided by this section shall be applicable broadly to the implementation of watershed management plans addressing water supply, water transmission, water quality treatment or protection, or any other water-related purposes. Such plans include but are not limited to plans developed under the following authorities:
(a) Watershed plans developed under chapter 90.82 RCW;
(b) Salmon recovery plans developed under chapter 77.85 RCW;
(c) Watershed management elements of comprehensive land use plans developed under the growth management act, chapter 36.70A RCW;
(d) Watershed management elements of shoreline master programs developed under the shoreline management act, chapter 90.58 RCW;
(e) Nonpoint pollution action plans developed under the Puget Sound water quality management planning authorities of chapter 90.71 RCW and *chapter 400-12 WAC;
(f) Other comprehensive management plans addressing watershed health at a WRIA level or sub-WRIA basin drainage level;
(g) Coordinated water system plans under chapter 70A.100 RCW and similar regional plans for water supply; and
(h) Any combination of the foregoing plans in an integrated watershed management plan.
(4) The authority provided by this section to expend revenues for watershed management plan implementation shall be construed broadly to include, but not be limited to:
(a) The coordination and oversight of plan implementation, including funding a watershed management partnership for this purpose;
(b) Technical support, monitoring, and data collection and analysis;
(c) The design, development, construction, and operation of projects included in the plan; and
(d) Conducting activities and programs included as elements in the plan.
[ 2021 c 65 s 29; 2008 c 301 s 26; 2003 c 327 s 2.]
Notes:
*Reviser's note: Chapter 400-12 WAC was repealed by WSR 10-12-009, filed 5/20/10, effective 6/20/10.
Explanatory statement—2021 c 65: See note following RCW 53.54.030.
Finding—Intent—2003 c 327: "The legislature finds that throughout Washington state there are many active efforts to protect, manage, and restore watersheds. The state's river systems provide a variety of benefits for society's many needs, so efforts to protect these watersheds should reflect the diversity of social, environmental, and economic factors that make the state unique.
Yet, there is a conflict between the natural flow of river systems and the way watersheds are governed. From a hydrological standpoint, a watershed is a single, integrated system. But these systems usually flow through a number of cities, counties, and other municipalities as they move from their source to the sea. As a result, many are subject to the full range of management interests, including multiple government entities with jurisdiction over water. In many cases, the political boundaries of government do not align with the hydrological boundaries of watersheds and may actually hinder the implementation of coordinated, cooperative plans. Cooperative watershed management actions by local governments, special districts, and utilities can help maintain healthy watershed function and support the beneficial use of water by these entities and protect the quality of the resource that they use or affect. By participating in cooperative watershed management actions, local governments, special districts, and utilities are acting in the public interest and in a manner that is intended to sustain maximum beneficial use and high quality of water over time and to maintain the services that these entities provide.
Therefore, it is the intent of this act to remove statutory barriers that may prevent local governments from working together in the creation and implementation of cooperative, coordinated watershed plans. In addition, it is the further intent of this act to provide additional authorities to assist in such implementation." [ 2003 c 327 s 1.]

catchline: Watershed management plan projects—Use of water-related revenues.


title: RCW 39.34.200

text:
Any two or more public agencies may enter into agreements with one another to form a watershed management partnership for the purpose of implementing any portion or all elements of a watershed management plan, including the coordination and oversight of plan implementation. The plan may be any plan or plan element described in RCW 39.34.190(3). The watershed partnership agreement shall include the provisions required of all interlocal agreements under RCW 39.34.030(3). The agreement shall be filed pursuant to RCW 39.34.040 with the county auditor of each county lying within the geographical watershed area to be addressed by the partnership. The public agencies forming the partnership shall designate a treasurer for the deposit, accounting, and handling of the funds of the partnership. The treasurer shall be either a county treasurer or a city treasurer of a county or city participating in the agreement to form the partnership.
[ 2003 c 327 s 4.]
Notes:
Finding—Intent—2003 c 327: See note following RCW 39.34.190.


title: RCW 39.34.210

text:
Where a watershed management partnership formed under the authority of RCW 39.34.200 establishes a separate legal entity to conduct the cooperating undertaking of the partnership, such legal entity is authorized for the purpose of carrying out such undertaking to contract indebtedness and to issue and sell general obligation bonds pursuant to and in the manner provided for general county bonds in chapters 36.67 and 39.46 RCW and other applicable statutes, and to issue revenue bonds pursuant to and in the manner provided for revenue bonds in chapter 36.67 RCW and other applicable statutes. The joint board established by the partnership agreement shall perform the functions referenced in chapter 36.67 RCW to be performed by the county legislative authority in the case of county bonds.
[ 2003 c 327 s 6.]
Notes:
Finding—Intent—2003 c 327: See note following RCW 39.34.190.


title: RCW 39.34.215

text:
(1) As limited in subsection (3) of this section, a watershed management partnership formed or qualified under the authority of RCW 39.34.200 and 39.34.210, including the separate legal entity established by such a partnership under RCW 39.34.030(3)(b) to conduct the cooperative undertaking of the partnership under the same statutory authority, may exercise the power of eminent domain as provided in chapter 8.12 RCW.
(2) The eminent domain authority granted under subsection (1) of this section may be exercised only for those utility purposes for which the watershed partnership was formed and is limited solely to providing water services to its customers.
(3) Subsection (1) of this section applies only to a watershed management partnership that:
(a) Was formed or qualified before July 1, 2006, under the authority of RCW 39.34.200 and 39.34.210;
(b) Is not engaged in planning or in implementing a plan for a water resource inventory area under the terms of chapter 90.82 RCW;
(c) Is composed entirely of cities and water-sewer districts authorized to exercise the power of eminent domain in the manner provided by chapter 8.12 RCW; and
(d) Is governed by a board of directors consisting entirely of elected officials from the cities and water-sewer districts that constitute the watershed management partnership.
(4) A watershed management partnership exercising authority under this section shall:
(a) Comply with the notice requirements of RCW 8.25.290; and
(b) Provide notice to the city, town, or county with jurisdiction over the subject property by certified mail thirty days prior to the partnership board authorizing condemnation.
[ 2011 c 97 s 1; 2009 c 504 s 1.]

catchline: Watershed management partnerships—Eminent domain authority.


title: RCW 39.34.220

text:
The amendments by chapter 327, Laws of 2003 to the interlocal cooperation act authorities are intended to provide additional authority to public agencies for the purposes of implementing watershed management plans, and do not affect any agreements among public agencies existing on July 27, 2003.
[ 2003 c 327 s 7.]
Notes:
Finding—Intent—2003 c 327: See note following RCW 39.34.190.

catchline: Watershed management plans—Additional authority for implementation—Existing agreements not affected.


title: RCW 39.34.230

text:
(1) During a covered emergency, the department of commerce may enter into interlocal agreements under this chapter with one or more public agencies for the purposes of providing mutual aid and cooperation to any public agency affected by the cause of the emergency.
(2) All legal liability by a public agency and its employees for damage to property or injury or death to persons caused by acts done or attempted during, or while traveling to or from, a covered emergency, or in preparation for a covered emergency, pursuant to an interlocal agreement entered into under this section, or under the color of this section in a bona fide attempt to comply therewith, shall be the obligation of the state of Washington. Suits may be instituted and maintained against the state for the enforcement of such liability, or for the indemnification of any public agency or its employees for damage done to their private property, or for any judgment against them for acts done in good faith in compliance with this chapter: PROVIDED, That the foregoing shall not be construed to result in indemnification in any case of willful misconduct, gross negligence, or bad faith on the part of any public agency or any of a public agency's employees: PROVIDED, That should the United States or any agency thereof, in accordance with any federal statute, rule, or regulation, provide for the payment of damages to property and/or for death or injury as provided for in this section, then and in that event there shall be no liability or obligation whatsoever upon the part of the state of Washington for any such damage, death, or injury for which the United States government assumes liability.
(3) For purposes of this section, "covered emergency" means an emergency for which the governor has proclaimed a state of emergency under RCW 43.06.010, and for which the governor has authorized the department of commerce to enter into interlocal agreements under this section.
(4) This section shall not affect the right of any person to receive benefits to which he or she would otherwise be entitled under the workers' compensation law, or under any pension or retirement law, nor the right of any such person to receive any benefits or compensation under any act of congress.
[ 2023 c 470 s 2026; 2008 c 181 s 101.]
Notes:
Explanatory statement—2023 c 470: See note following RCW 10.99.030.
Part headings not law—2008 c 181: See note following RCW 43.06.220.

catchline: Covered emergencies—Interlocal agreements for mutual aid and cooperation—Liability of state—Existing rights.


title: RCW 39.34.240

text:
(1) If a public agency is requesting from another public agency category 3 or higher data, as defined in policy established in accordance with RCW 43.105.054, the requesting agency shall provide for a written agreement between the agencies that conforms to the policies of the office of cybersecurity.
(2) Nothing in this section shall be construed as limiting audit authorities under chapter 43.09 RCW.
[ 2021 c 291 s 6.]

catchline: Data requests—When written agreement required.


title: RCW 39.34.250

text:
(1) Cities and towns may enter into an agreement under this chapter to share a portion of general purpose sales and use tax revenue collected under RCW 82.14.030.
(2) Any agreement to share such revenue must specify, in addition to the conditions required to be included under RCW 39.34.030, the following:
(a) If the agreement applies only to sales and use tax revenue collected in a certain area or areas, then the area or areas in which it is applicable, and how the parties to the agreement will calculate the revenue collected in those areas;
(b) The amount or proportion of the sales and use tax revenue that is to be shared; and
(c) The precise mechanism or method that will be used by the parties to the agreement to share the revenue.
(3) This section shall not be construed to diminish or reduce the authority of local governments to enter into agreements under this chapter or as otherwise allowed by law.
[ 2024 c 95 s 1.]

catchline: Agreement to share portion of general purpose sales and use tax revenue collected.


title: RCW 39.34.900

text:
This chapter may be cited as the "Interlocal Cooperation Act."
[ 1967 c 239 s 2.]

catchline: Short title.


title: RCW 39.34.920

text:
The effective date of this chapter is July 1, 1967.
[ 1967 c 239 s 15.]

catchline: Effective date—1967 c 239.