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Chapter 43.330 RCW

DEPARTMENT OF COMMERCE
(Formerly Department of community, trade, and economic development)

RCW Sections

43.330.005Findings.
43.330.007Management responsibility.
43.330.010Definitions.
43.330.020Department created.
43.330.030Director -- Appointment -- Salary.
43.330.040Director powers and duties.
43.330.050Community and economic development responsibilities.
43.330.060Trade and business responsibilities.
43.330.062Recruitment and retention of business -- Protocols for associate development organizations and department staff.
43.330.065Identification of countries of strategic importance for international trade relations.
43.330.068International companies investing in Washington -- Eligibility for excise tax incentives.
43.330.070Local development capacity -- Training and technical assistance.
43.330.075Local government regulation and policy handouts -- Technical assistance.
43.330.080Coordination of community and economic development services -- Contracts with county-designated associate development organizations -- Scope of services -- Business services training.
43.330.082Contracting associate development organizations -- Performance measures and summary of best practices -- Remediation plans -- Reports -- Information for the comprehensive statewide economic development strategy and progress report.
43.330.084Washington state quality award -- Reimbursement of application fee.
43.330.086Contracts with associate development organizations -- Schedule of awards.
43.330.090Economic diversification strategies -- Targeted industry sectors -- Film and video production.
43.330.094Tourism development and promotion account--Promotion of tourism industry.
43.330.100Local infrastructure and public facilities -- Grants and loans.
43.330.110Housing -- Energy assistance.
43.330.120Growth management.
43.330.125Assistance to counties and cities.
43.330.130Services to poor and disadvantaged persons -- Preschool children -- Substance abuse -- Family services -- Fire protection and emergency management.
43.330.135Court-appointed special advocate programs -- Funds -- Eligibility.
43.330.145Entrepreneurial assistance--Recipients of temporary assistance for needy families--Cooperation with agencies for training and industrial recruitment.
43.330.150Fees -- Conferences, workshops, training.
43.330.152Fees -- Service and product delivery areas.
43.330.155Community and economic development fee account.
43.330.156Fees -- Adoption by rule.
43.330.165Housing for farmworkers -- Proposal review and funding recommendations -- Farmworker housing advisory group.
43.330.167Homeless families services fund -- Created -- Eligible activities.
43.330.170Statewide housing market analysis.
43.330.190Reimbursement of extraordinary criminal justice costs.
43.330.250Economic development strategic reserve account -- Authorized expenditures -- Transfer of excess funds to the education construction account.
43.330.260Inventory of economic development grant opportunities -- Joint efforts for grant seeking and attracting major events.
43.330.270Innovation partnership zone program.
43.330.280Innovation partnerships -- Duties of state economic development commission and workforce training and education coordinating board -- Working group.
43.330.290Microenterprise development program.
43.330.300Financial fraud and identity theft crimes investigation and prosecution program.
43.330.310Comprehensive green economy jobs growth initiative -- Establishment (as amended by 2012 c 198).
43.330.310Comprehensive green economy jobs growth initiative -- Establishment -- Green industries jobs training account -- Creation (as amended by 2012 c 229).
43.330.320Obtaining energy efficiency services -- Awarding grants to financial institutions -- Credit enhancements.
43.330.330Funding energy efficiency improvements -- Risk reduction mechanisms -- Legislative intent.
43.330.340Appliance efficiency rebate program.
43.330.350Use of moneys by local municipalities to leverage financing for energy efficiency projects.
43.330.360Findings -- Involvement of state bond authorities in financing energy efficiency projects.
43.330.370Evergreen jobs initiative.
43.330.375Evergreen jobs efforts -- Coordination and support -- Identification of technologies, barriers, and strategies -- Outreach efforts -- Performance reports.
43.330.400Broadband mapping account -- Federal broadband data improvement act funding -- Coordination of broadband mapping activities.
43.330.403Reporting availability of high-speed internet -- Survey of high-speed internet infrastructure owned or leased by state agencies -- Geographic information system map -- Rules.
43.330.406Procurement of geographic information system map -- Accountability and oversight structure -- Application of public records act.
43.330.409Broadband mapping, deployment, and adoption -- Reports.
43.330.412Community technology opportunity program -- Administration -- Grant program.
43.330.415Washington community technology opportunity account.
43.330.418Broadband deployment and adoption -- Governor's actions -- Oversight and implementation by the department.
43.330.421Advisory group on digital inclusion and technology planning.
43.330.430Developmental disabilities endowment -- Definitions.
43.330.431Developmental disabilities endowment -- Trust fund.
43.330.432Developmental disabilities endowment -- Authority of state investment board -- Authority of governing board.
43.330.433Developmental disabilities endowment -- Governing board -- Liability of governing board and state investment board.
43.330.434Developmental disabilities endowment -- Endowment principles.
43.330.435Developmental disabilities endowment -- Development of operating plan -- Elements.
43.330.436Developmental disabilities endowment -- Program implementation and administration.
43.330.437Developmental disabilities endowment -- Rules.
43.330.900References to director and department.
43.330.901Captions.
43.330.902Effective date -- 1993 c 280.
43.330.9021Effective date -- 1994 c 5.
43.330.903Severability -- 1993 c 280.
43.330.904Transfer of certain state energy office powers, duties, and functions -- References to director -- Appointment of assistant director.
43.330.905Transfer of powers, duties, and functions pertaining to county public health assistance.
43.330.907Transfer of powers, duties, and functions pertaining to administrative and support services for the building code council.
43.330.908Transfer of powers, duties, and functions pertaining to the drug prosecution assistance program.
43.330.909Transfer of powers, duties, and functions pertaining to the energy facility site evaluation council.
43.330.910Transfer of certain powers, duties, and functions of the department of information services -- High-speed internet activities.

Notes:

Broadband mapping, deployment, and adoption -- Reports: RCW 43.330.409.

Centers of excellence: RCW 28B.50.902.

Community development, programs of former department of: Chapter 43.63A RCW.

Projects of statewide significance -- Assignment of project facilitator or coordinator: RCW 43.157.030.

Trade and economic development, programs of former department of: Chapter 43.31 RCW.


43.330.005
Findings.

The legislature finds that the long-term economic health of the state and its citizens depends upon the strength and vitality of its communities and businesses. It is the intent of this chapter to create a department of commerce that fosters new partnerships for strong and sustainable communities. The mission of the department is to grow and improve jobs in Washington and facilitate innovation. To carry out its mission, the department will bring together focused efforts to: Streamline access to business assistance and economic development services by providing them through sector-based, cluster-based, and regional partners; provide focused and flexible responses to changing economic conditions; generate greater local capacity to respond to both economic growth and environmental challenges; increase accountability to the public, the executive branch, and the legislature; manage growth and achieve sustainable development; diversify the state's economy and export goods and services; provide greater access to economic opportunity; stimulate private sector investment and entrepreneurship; provide stable family-wage jobs and meet the diverse needs of families; provide affordable housing and housing services; and construct public infrastructure.

     The legislature further finds that as a result of the rapid pace of global social and economic change, the state and local communities will require coordinated and creative responses by every segment of the community. The state can play a role in assisting such local efforts by reorganizing state assistance efforts to promote such partnerships. The department has a primary responsibility to provide financial and technical assistance to the communities of the state, to assist in improving the delivery of federal, state, and local programs, and to provide communities with opportunities for productive and coordinated development beneficial to the well-being of communities and their residents. It is the intent of the legislature in creating the department to maximize the use of local expertise and resources in the delivery of community and economic development services.

[2010 c 271 § 2; 1993 c 280 § 1.]

Notes:

     Purpose -- 2010 c 271: "In 2009, the legislature changed the name of the department of community, trade, and economic development to the department of commerce and directed the agency to, among other things, develop a report with recommendations on statutory changes to ensure that the department's efforts: Are organized around a concise core mission and aligned with the state's comprehensive plan for economic development; generate greater local capacity; maximize results through partnerships and the use of intermediaries; and provide transparency and increased accountability. Recommendations for creating or consolidating programs deemed important to meeting the department's core mission and recommendations for terminating or transferring specific programs if they are not consistent with the department's core mission were to be included in the report.

     In accordance with that legislation, chapter 565, Laws of 2009, in November 2009 the department of commerce submitted a plan that establishes a mission of growing and improving jobs in the state and recognizes the need for an innovation-driven economy. The plan also outlines agency priorities, efficiencies, and program transfers that will help to advance the new mission.

     The primary purpose of this act is to implement portions of the department of commerce plan by transferring certain programs from the department of commerce to other state agencies whose missions are more closely aligned with the core functions of those programs. This act also directs additional efficiencies in state government and directs development of a statewide clean energy strategy, which will better enable the department of commerce to focus on its new mission." [2010 c 271 § 1.]

     Effective date -- 2010 c 271: "This act takes effect July 1, 2010." [2010 c 271 § 803.]



43.330.007
Management responsibility.

(1) The purpose of this chapter is to establish the broad outline of the structure of the department of commerce, leaving specific details of its internal organization and management to those charged with its administration. This chapter identifies the broad functions and responsibilities of the department and is intended to provide flexibility to the director to reorganize these functions to more closely reflect its customers, its mission, and its priorities, and to make recommendations for changes.

     (2) In order to generate greater local capacity, maximize results through partnerships and the use of intermediaries, and leverage the use of state resources, the department shall, in carrying out its business assistance and economic development functions, provide business and economic development services primarily through sector-based, cluster-based, and regionally based organizations rather than providing assistance directly to individual firms.

[2010 c 271 § 3; 2009 c 565 § 1; 1993 c 280 § 2.]

Notes:

     Purpose -- Effective date -- 2010 c 271: See notes following RCW 43.330.005.

     Implementation plan -- 1994 c 5; 1993 c 280: "(1) The director of the department of trade and economic development and the director of the department of community development shall, by November 15, 1993, jointly submit a plan to the governor for the consolidation and smooth transition of the department of trade and economic development and the department of community development into the *department of community, trade, and economic development so that the department will operate as a single entity on March 1, 1994.

     (2) The plan shall include, but is not limited to, the following elements:

     (a) Strategies for combining the existing functions and responsibilities of both agencies into a coordinated and unified department including a strategic plan for each major program area that includes implementation steps, evaluation measures, and methods for collaboration among programs;

     (b) Recommendations for any changes in existing programs and functions of both agencies, including new initiatives and possible transfer of programs and functions to and from other departments;

     (c) Implementation steps necessary to bring about operation of the combined department as a single entity;

     (d) Benchmarks by which to measure progress and to evaluate the performance and effectiveness of the department's efforts; and

     (e) Strategies for coordinating and maximizing federal, state, local, international, and private sector support for community and economic development efforts within the state.

     (3) In developing this plan, the directors shall establish an advisory committee of representatives of groups using services and programs of both departments. The advisory committee shall include representatives of cities, counties, port districts, small and large businesses, labor unions, associate development organizations, low-income housing interests, housing industry, Indian tribes, community action programs, public safety groups, nonprofit community and development organizations, international trade organizations, minority and women business organizations, and any other organizations the directors determine should have input to the plan." [1994 c 5 § 1; 1993 c 280 § 8.]

     *Reviser's note: The "department of community, trade, and economic development" was renamed the "department of commerce" by 2009 c 565.



43.330.010
Definitions.

Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.

     (1) "Associate development organization" means a local economic development nonprofit corporation that is broadly representative of community interests.

     (2) "Department" means the department of commerce.

     (3) "Director" means the director of the department of commerce.

     (4) "Financial institution" means a bank, trust company, mutual savings bank, savings and loan association, or credit union authorized to do business in this state under state or federal law.

     (5) "Microenterprise development organization" means a community development corporation, a nonprofit development organization, a nonprofit social services organization or other locally operated nonprofit entity that provides services to low-income entrepreneurs.

     (6) "Small business" has the same meaning as provided in *RCW 39.29.006.

     (7) "Statewide microenterprise association" means a nonprofit entity with microenterprise development organizations as members that serves as an intermediary between the department of commerce and local microenterprise development organizations.

[2011 c 286 § 4; 2009 c 565 § 2; 2007 c 322 § 2; 1993 c 280 § 3.]

Notes:

     *Reviser's note: RCW 39.29.006 was repealed by 2012 c 224 § 29, effective January 1, 2013.

     Findings -- Purpose -- Intent -- 2007 c 322: See note following RCW 43.330.290.



43.330.020
Department created.

A department of commerce is created. The department shall be vested with all powers and duties established or transferred to it under this chapter and such other powers and duties as may be authorized by law. Unless otherwise specifically provided, the existing responsibilities and functions of the agency programs will continue to be administered in accordance with their implementing legislation.

[2009 c 565 § 3; 1993 c 280 § 4.]

43.330.030
Director — Appointment — Salary.

The executive head of the department shall be the director. The director shall be appointed by the governor with the consent of the senate, and shall serve at the pleasure of the governor. The director shall be paid a salary to be fixed by the governor in accordance with RCW 43.03.040.

[1993 c 280 § 5.]



43.330.040
Director powers and duties.

(1) The director shall supervise and administer the activities of the department and shall advise the governor and the legislature with respect to community and economic development matters affecting the state.

     (2) In addition to other powers and duties granted to the director, the director shall have the following powers and duties:

     (a) Enter into contracts on behalf of the state to carry out the purposes of this chapter;

     (b) Act for the state in the initiation of or participation in any multigovernmental program relative to the purpose of this chapter;

     (c) Accept and expend gifts and grants, whether such grants be of federal or other funds;

     (d) Appoint such deputy directors, assistant directors, and up to seven special assistants as may be needed to administer the department. These employees are exempt from the provisions of chapter 41.06 RCW;

     (e) Prepare and submit budgets for the department for executive and legislative action;

     (f) Submit recommendations for legislative actions as are deemed necessary to further the purposes of this chapter;

     (g) Adopt rules in accordance with chapter 34.05 RCW and perform all other functions necessary and proper to carry out the purposes of this chapter;

     (h) Delegate powers, duties, and functions as the director deems necessary for efficient administration, but the director shall be responsible for the official acts of the officers and employees of the department; and

     (i) Perform other duties as are necessary and consistent with law.

     (3) When federal or other funds are received by the department, they shall be promptly transferred to the state treasurer and thereafter expended only upon the approval of the director.

     (4) The director may request information and assistance from all other agencies, departments, and officials of the state, and may reimburse such agencies, departments, or officials if such a request imposes any additional expenses upon any such agency, department, or official.

     (5) The director shall, in carrying out the responsibilities of office, consult with governmental officials, private groups, and individuals and with officials of other states. All state agencies and their officials and the officials of any political subdivision of the state shall cooperate with and give such assistance to the department, including the submission of requested information, to allow the department to carry out its purposes under this chapter.

     (6) The director may establish additional advisory or coordinating groups with the legislature, within state government, with state and other governmental units, with the private sector and nonprofit entities or in specialized subject areas as may be necessary to carry out the purposes of this chapter.

     (7) The internal affairs of the department shall be under the control of the director in order that the director may manage the department in a flexible and intelligent manner as dictated by changing contemporary circumstances. Unless specifically limited by law, the director shall have complete charge and supervisory powers over the department. The director may create such administrative structures as the director deems appropriate, except as otherwise specified by law, and the director may employ such personnel as may be necessary in accordance with chapter 41.06 RCW, except as otherwise provided by law.

[1993 c 280 § 6.]

43.330.050
Community and economic development responsibilities.

The department shall be responsible for promoting community and economic development within the state by assisting the state's communities to increase the quality of life of their citizens and their economic vitality, and by assisting the state's businesses to maintain and increase their economic competitiveness, while maintaining a healthy environment. Community and economic development efforts shall include: Efforts to increase economic opportunity; local planning to manage growth; the promotion and provision of affordable housing and housing-related services; providing public infrastructure; business and trade development; assisting firms and industrial sectors to increase their competitiveness; fostering the development of minority and women-owned businesses; facilitating technology development, transfer, and diffusion; community services and advocacy for low-income persons; and public safety efforts. The department shall have the following general functions and responsibilities:

     (1) Provide advisory assistance to the governor, other state agencies, and the legislature on community and economic development matters and issues;

     (2) Assist the governor in coordinating the activities of state agencies that have an impact on local government and communities;

     (3) Cooperate with the Washington state economic development commission, the legislature, and the governor in the development and implementation of strategic plans for the state's community and economic development efforts;

     (4) Solicit private and federal grants for economic and community development programs and administer such programs in conjunction with other programs assigned to the department by the governor or the legislature;

     (5) Cooperate with and provide technical and financial assistance to local governments, businesses, and community-based organizations serving the communities of the state for the purpose of aiding and encouraging orderly, productive, and coordinated development of the state, and, unless stipulated otherwise, give additional consideration to local communities and individuals with the greatest relative need and the fewest resources;

     (6) Participate with other states or subdivisions thereof in interstate programs and assist cities, counties, municipal corporations, governmental conferences or councils, and regional planning commissions to participate with other states and provinces or their subdivisions;

     (7) Hold public hearings and meetings to carry out the purposes of this chapter;

     (8) Conduct research and analysis in furtherance of the state's economic and community development efforts including maintenance of current information on market, demographic, and economic trends as they affect different industrial sectors, geographic regions, and communities with special economic and social problems in the state; and

     (9) Develop a schedule of fees for services where appropriate.

[2005 c 136 § 12; 1993 c 280 § 7.]

Notes:

     Savings--Effective date -- 2005 c 136: See notes following RCW 43.168.020.



43.330.060
Trade and business responsibilities.

(1) The department shall (a) assist in expanding the state's role as an international center of trade, culture, and finance; (b) promote and market the state's products and services both nationally and internationally; (c) work in close cooperation with other private and public international trade efforts; (d) act as a centralized location for the assimilation and distribution of trade information; and (e) establish and operate foreign offices promoting overseas trade and commerce.

     (2) The department shall identify and work with Washington businesses that can use local, state, and federal assistance to increase domestic and foreign exports of goods and services.

     (3) The department shall work generally with small businesses and other employers to facilitate resolution of siting, regulatory, expansion, and retention problems. This assistance shall include but not be limited to assisting in workforce training and infrastructure needs, identifying and locating suitable business sites, and resolving problems with government licensing and regulatory requirements. The department shall identify gaps in needed services and develop steps to address them including private sector support and purchase of these services.

     (4) The department shall work to increase the availability of capital to small businesses by developing new and flexible investment tools; by assisting in targeting and improving the efficiency of existing investment mechanisms; and by assisting in the procurement of managerial and technical assistance necessary to attract potential investors.

     (5) The department shall assist women and minority-owned businesses in overcoming barriers to entrepreneurial success. The department shall contract with public and private agencies, institutions, and organizations to conduct entrepreneurial training courses for minority and women-owned businesses. The instruction shall be intensive, practical training courses in financing, marketing, managing, accounting, and recordkeeping for a small business, with an emphasis on federal, state, local, or private programs available to assist small businesses. Instruction shall be offered in major population centers throughout the state at times and locations that are convenient for minority and women small business owners.

     (6)(a) Subject to the availability of amounts appropriated for this specific purpose, by December 1, 2010, the department, in conjunction with the small business development center, must prepare and present to the governor and appropriate legislative committees a specific, actionable plan to increase access to capital and technical assistance to small businesses and entrepreneurs beginning with the 2011-2013 biennium. In developing the plan, the department and the center may consult with the Washington state microenterprise association, and with other government, nonprofit, and private organizations as necessary. The plan must identify:

     (i) Existing sources of capital and technical assistance for small businesses and entrepreneurs;

     (ii) Critical gaps and barriers to availability of capital and delivery of technical assistance to small businesses and entrepreneurs;

     (iii) Workable solutions to filling the gaps and removing barriers identified in (a)(ii) of this subsection; and

     (iv) The financial resources and statutory changes necessary to put the plan into effect beginning with the 2011-2013 biennium.

     (b) With respect to increasing access to capital, the plan must identify specific, feasible sources of capital and practical mechanisms for expanding access to it.

     (c) The department and the center must include, within the analysis and recommendations in (a) of this subsection, any specific gaps, barriers, and solutions related to rural and low-income communities and small manufacturers interested in exporting.

[2010 c 165 § 2; 2005 c 136 § 13; 1993 c 280 § 9.]

Notes:

     Findings -- Intent -- 2010 c 165: "The legislature finds that small businesses and entrepreneurs are a fundamental source of economic and community vitality for our state. They employ state residents, pay state taxes, purchase goods and services from local and regional companies, and contribute to our communities in many other ways. The legislature finds that small businesses and entrepreneurs need increased access to capital and technical assistance in order to maximize their potential. The legislature intends that the department of commerce and the small business development center each build upon their existing relevant statutory missions and authorities by collaborating on a specific plan to expand services to small businesses and entrepreneurs beginning in the 2011-2013 biennium." [2010 c 165 § 1.]

     Savings--Effective date -- 2005 c 136: See notes following RCW 43.168.020.

     Tacoma world trade center -- 1993 c 134: "The legislature recognizes that export opportunities for small and medium-sized businesses stimulates economic growth. Within current resources, the department of trade and economic development shall work with the Tacoma world trade center, to assist small and medium-sized businesses with export opportunities." [1993 c 134 § 1.]



43.330.062
Recruitment and retention of business — Protocols for associate development organizations and department staff.

In carrying out its responsibilities under RCW 43.330.060 and 43.330.080, the department must establish protocols to be followed by associate development organizations and department staff for the recruitment and retention of businesses. The protocols must specify the circumstances under which an associate development organization is required to notify the department of its business recruitment and retention efforts and when the department must notify the associate development organization of its business recruitment and retention efforts. The protocols established may not require the release of proprietary information or the disclosure of information that a client company has requested remain confidential. The department must require compliance with the protocols in its contracts with associate development organizations.

[2011 c 286 § 1.]



43.330.065
Identification of countries of strategic importance for international trade relations.

The *department of community, trade, and economic development, in consultation with the office of protocol, the office of the secretary of state, the department of agriculture, and the employment security department shall identify up to fifteen countries that are of strategic importance to the development of Washington's international trade relations.

[1996 c 253 § 303.]

Notes:

     *Reviser's note: The "department of community, trade, and economic development" was renamed the "department of commerce" by 2009 c 565.

     Findings -- Purpose -- Severability -- Part headings not law -- 1996 c 253: See notes following RCW 28B.109.010.



43.330.068
International companies investing in Washington — Eligibility for excise tax incentives.

An international company investing in Washington is included within the definition of person in RCW 82.04.030 and is eligible for excise tax incentives provided in Title 82 RCW in the same manner as any domestic company.

[2005 c 135 § 2.]

Notes:

     Finding -- Intent--2005 c 135: "The legislature finds that many international companies with an interest in operating in Washington are not aware of the various tax incentives that are available. It is the intent of the legislature to ensure that these international companies understand that they are eligible for these business and occupation tax and sales and use tax deferrals when investing in Washington. It is the further intent of the legislature that the *department of community, trade, and economic development and associate development organizations make clear to international companies that they are eligible for the state's various tax incentives." [2005 c 135 § 1.]

     *Reviser's note: The "department of community, trade, and economic development" was renamed the "department of commerce" by 2009 c 565.



43.330.070
Local development capacity — Training and technical assistance.

(1) The department shall work closely with local communities to increase their capacity to respond to economic, environmental, and social problems and challenges. The department shall coordinate the delivery of development services and technical assistance to local communities or regional areas. It shall promote partnerships between the public and private sectors and between state and local officials to encourage appropriate economic growth and opportunity in communities throughout the state. The department shall promote appropriate local development by: Supporting the ability of communities to develop and implement strategic development plans; assisting businesses to start up, maintain, or expand their operations; encouraging public infrastructure investment and private and public capital investment in local communities; supporting efforts to manage growth and provide affordable housing and housing services; providing for the identification and preservation of the state's historical and cultural resources; and expanding employment opportunities.

     (2) The department shall define a set of services including training and technical assistance that it will make available to local communities, community-based nonprofit organizations, regional areas, or businesses. The department shall simplify access to these programs by providing more centralized and user-friendly information and referral. The department shall coordinate community and economic development efforts to minimize program redundancy and maximize accessibility. The department shall develop a set of criteria for targeting services to local communities.

     (3) The department shall develop a coordinated and systematic approach to providing training to community-based nonprofit organizations, local communities, and businesses. The approach shall be designed to increase the economic and community development skills available in local communities by providing training and funding for training for local citizens, nonprofit organizations, and businesses. The department shall emphasize providing training in those communities most in need of state assistance.

[1993 c 280 § 10.]

43.330.075
Local government regulation and policy handouts — Technical assistance.

The department shall provide technical assistance in the compilation of and support in the production of the handouts to be published and kept current by counties and cities under RCW 36.70B.220.

[1996 c 206 § 11.]

Notes:

     Findings -- 1996 c 206: See note following RCW 43.05.030.



43.330.080
Coordination of community and economic development services — Contracts with county-designated associate development organizations — Scope of services — Business services training.

(1)(a) The department must contract with county-designated associate development organizations to increase the support for and coordination of community and economic development services in communities or regional areas. The contracting organizations in each community or regional area must:

     (i) Be broadly representative of community and economic interests;

     (ii) Be capable of identifying key economic and community development problems, developing appropriate solutions, and mobilizing broad support for recommended initiatives;

     (iii) Work closely with the department to carry out state-identified economic development priorities;

     (iv) Work with and include local governments, local chambers of commerce, workforce development councils, port districts, labor groups, institutions of higher education, community action programs, and other appropriate private, public, or nonprofit community and economic development groups; and

     (v) Meet and share best practices with other associate development organizations at least two times each year.

     (b) The scope of services delivered under the contracts required in (a) of this subsection must include two broad areas of work:

     (i) Direct assistance, including business planning, to companies throughout the county who need support to stay in business, expand, or relocate to Washington from out of state or other countries. Assistance must comply with business recruitment and retention protocols established in RCW 43.330.062, and includes:

     (A) Working with the appropriate partners throughout the county including, but not limited to, local governments, workforce development councils, port districts, community and technical colleges and higher education institutions, export assistance providers, impact Washington, the Washington state quality award council, small business assistance programs, innovation partnership zones, and other federal, state, and local programs to facilitate the alignment of planning efforts and the seamless delivery of business support services within the entire county;

     (B) Providing information on state and local permitting processes, tax issues, export assistance, and other essential information for operating, expanding, or locating a business in Washington;

     (C) Marketing Washington and local areas as excellent locations to expand or relocate a business and positioning Washington as a globally competitive place to grow business, which may include developing and executing regional plans to attract companies from out of state;

     (D) Working with businesses on site location and selection assistance;

     (E) Providing business retention and expansion services throughout the county. Such services must include, but are not limited to, business outreach and monitoring efforts to identify and address challenges and opportunities faced by businesses, assistance to trade impacted businesses in applying for grants from the federal trade adjustment assistance for firms program, and the provision of information to businesses on:

     (I) Resources available for microenterprise development;

     (II) Resources available on the revitalization of commercial districts; and

     (III) The opportunity to maintain jobs through shared work programs authorized under chapter 50.60 RCW;

     (F) Participating in economic development system-wide discussions regarding gaps in business start-up assistance in Washington;

     (G) Providing or facilitating the provision of export assistance through workshops or one-on-one assistance; and

     (H) Using a web-based information system to track data on business recruitment, retention, expansion, and trade; and

     (ii) Support for regional economic research and regional planning efforts to implement target industry sector strategies and other economic development strategies, including cluster-based strategies. Research and planning efforts should support increased living standards and increased foreign direct investment, and be aligned with the statewide economic development strategy. Regional associate development organizations retain their independence to address local concerns and goals. Activities include:

     (A) Participating in regional planning efforts with workforce development councils involving coordinated strategies around workforce development and economic development policies and programs. Coordinated planning efforts must include, but not be limited to, assistance to industry clusters in the region;

     (B) Participating with the state board for community and technical colleges as created in RCW 28B.50.050, and any community and technical colleges in the coordination of the job skills training program and the customized training program within its region;

     (C) Collecting and reporting data as specified by the contract with the department for statewide systemic analysis. The department must consult with the Washington state economic development commission in the establishment of such uniform data as is needed to conduct a statewide systemic analysis of the state's economic development programs and expenditures. In cooperation with other local, regional, and state planning efforts, contracting organizations may provide insight into the needs of target industry clusters, business expansion plans, early detection of potential relocations or layoffs, training needs, and other appropriate economic information;

     (D) In conjunction with other governmental jurisdictions and institutions, participate [participating] in the development of a countywide economic development plan, consistent with the state comprehensive plan for economic development developed by the Washington state economic development commission.

     (2) The department must provide business services training to the contracting organizations, including but not limited to:

     (a) Training in the fundamentals of export assistance and the services available from private and public export assistance providers in the state; and

     (b) Training in the provision of business retention and expansion services as required by subsection (1)(b)(i)(E) of this section.

[2012 c 195 § 1; 2011 c 286 § 2; 2009 c 151 § 10; 2007 c 249 § 2; 1997 c 60 § 1; 1993 c 280 § 11.]

Notes:

     Findings -- Intent -- 2007 c 249: "The legislature finds that economic development success requires coordinated state and local efforts. The legislature further finds that economic development happens at the local level. County-designated associate development organizations serve as a networking tool and resource hub for business retention, expansion, and relocation in Washington. Economic development success requires an adequately funded and coordinated state effort and an adequately funded and coordinated local effort. The legislature intends to bolster the partnership between state and local economic development efforts, provide increased funding for local economic development services, and increase local economic development service effectiveness, efficiency, and outcomes." [2007 c 249 § 1.]



43.330.082
Contracting associate development organizations — Performance measures and summary of best practices — Remediation plans — Reports — Information for the comprehensive statewide economic development strategy and progress report.

(1)(a) Contracting associate development organizations must provide the department with measures of their performance and a summary of best practices shared and implemented by the contracting organizations. Annual reports must include the following information to show the contracting organization's impact on employment and overall changes in employment: Current employment and economic information for the community or regional area produced by the employment security department; the net change from the previous year's employment and economic information using data produced by the employment security department; other relevant information on the community or regional area; the amount of funds received by the contracting organization through its contract with the department; the amount of funds received by the contracting organizations through all sources; and the contracting organization's impact on employment through all funding sources. Annual reports may include the impact of the contracting organization on wages, exports, tax revenue, small business creation, foreign direct investment, business relocations, expansions, terminations, and capital investment. Data must be input into a common web-based business information system managed by the department. Specific measures, data standards, and data definitions must be developed in the contracting process between the department, the economic development commission, and the contracting organization every two years. Except as provided in (b) of this subsection, performance measures should be consistent across regions to allow for statewide evaluation.

     (b) In addition to the measures required in (a) of this subsection, contracting associate development organizations in counties with a population greater than one million five hundred thousand persons must include the following measures in reports to the department:

     (i) The number of small businesses that received retention and expansion services, and the outcome of those services;

     (ii) The number of businesses located outside of the boundaries of the largest city within the contracting associate development organization's region that received recruitment, retention, and expansion services, and the outcome of those services.

     (2)(a) The department and contracting associate development organizations must agree upon specific target levels for the performance measures in subsection (1) of this section. Comparison of agreed thresholds and actual performance must occur annually.

     (b) Contracting organizations that fail to achieve the agreed performance targets in more than one-half of the agreed measures must develop remediation plans to address performance gaps. The remediation plans must include revised performance thresholds specifically chosen to provide evidence of progress in making the identified service changes.

     (c) Contracts and state funding must be terminated for one year for organizations that fail to achieve the agreed upon progress toward improved performance defined under (b) of this subsection. During the year in which termination for nonperformance is in effect, organizations must review alternative delivery strategies to include reorganization of the contracting organization, merging of previous efforts with existing regional partners, and other specific steps toward improved performance. At the end of the period of termination, the department may contract with the associate development organization or its successor as it deems appropriate.

     (3) The department must submit a preliminary report to the Washington economic development commission by September 1st of each even-numbered year, and a final report to the legislature and the Washington economic development commission by December 31st of each even-numbered year on the performance results of the contracts with associate development organizations.

     (4) Contracting associate development organizations must provide the Washington state economic development commission with information to be used in the comprehensive statewide economic development strategy and progress report due under RCW 43.162.020, by the date determined by the commission.

[2012 c 195 § 2; 2011 c 286 § 3; 2009 c 518 § 15; 2007 c 249 § 3.]

Notes:

     Findings -- Intent -- 2007 c 249: See note following RCW 43.330.080.



43.330.084
Washington state quality award — Reimbursement of application fee.

Up to five associate development organizations per year contracting with the department under chapter 249, Laws of 2007 that apply for the Washington state quality award or its equivalent shall receive reimbursement for the award application fee, but may not be reimbursed more than once every three years.

[2007 c 249 § 4.]

Notes:

     Findings -- Intent -- 2007 c 249: See note following RCW 43.330.080.



43.330.086
Contracts with associate development organizations — Schedule of awards.

To the extent that funds are specifically appropriated therefor, contracts with associate development organizations for the provision of services under *RCW 43.330.080(1) shall be awarded according to the following annual schedule:

     (1) For associate development associations serving urban counties, which are counties other than rural counties as defined in RCW 82.14.370, a locally matched allocation of up to ninety cents per capita, totaling no more than three hundred thousand dollars per organization; and

     (2) For associate development associations in rural counties, as defined in RCW 82.14.370, a per county base allocation of up to forty thousand dollars and a locally matched allocation of up to ninety cents per capita.

[2008 c 131 § 3; 2007 c 249 § 5.]

Notes:

     *Reviser's note: RCW 43.330.080 was amended by 2012 c 195 § 1, changing the subsection numbering.

     Effective date -- 2008 c 131: See note following RCW 43.160.020.

     Findings -- Intent -- 2007 c 249: See note following RCW 43.330.080.



43.330.090
Economic diversification strategies — Targeted industry sectors — Film and video production.

(1) The department shall work with private sector organizations, industry and sector associations, federal agencies, state agencies that use a sector-based approach to service delivery, local governments, local associate development organizations, and higher education and training institutions in the development of industry sector-based strategies to diversify the economy, facilitate technology transfer and diffusion, and increase value-added production. The industry sectors targeted by the department may include, but are not limited to, aerospace, agriculture, food processing, forest products, marine services, health and biomedical, software, digital and interactive media, transportation and distribution, and microelectronics. The department shall, on a continuing basis, evaluate the potential return to the state from devoting additional resources to an industry sector-based approach to economic development and identifying and assisting additional sectors.

     (2) The department's sector-based strategies shall include, but not be limited to, cluster-based strategies that focus on assisting regional industry sectors and related firms and institutions that meet the definition of an industry cluster in this section and based on criteria identified by the working group established in this chapter.

     (3)(a) The department shall promote, market, and encourage growth in the production of films and videos, as well as television commercials within the state; to this end the department is directed to assist in the location of a film and video production studio within the state.

     (b) The department may, in carrying out its efforts to encourage film and video production in the state, solicit and receive gifts, grants, funds, fees, and endowments, in trust or otherwise, from tribal, local, or other governmental entities, as well as private sources, and may expend the same or any income therefrom for the encouragement of film and video production. All revenue received for such purposes shall be deposited into the general fund.

     (4) In assisting in the development of regional and statewide industry cluster-based strategies, the department's activities shall include, but are not limited to:

     (a) Facilitating regional focus group discussions and conducting studies to identify industry clusters, appraise the current information linkages within a cluster, and identify issues of common concern within a cluster;

     (b) Supporting industry and cluster associations, publications of association and cluster directories, and related efforts to create or expand the activities of industry and cluster associations;

     (c) Administering a competitive grant program to fund economic development activities designed to further regional cluster growth. In administering the program, the department shall work with the economic development commission, the workforce training and education coordinating board, the state board for community and technical colleges, the employment security department, business, and labor.

     (i) The department shall seek recommendations on criteria for evaluating applications for grant funds and recommend applicants for receipt of grant funds. Criteria shall include not duplicating the purpose or efforts of industry skill panels.

     (ii) Applicants must include organizations from at least two counties and participants from the local business community. Eligible organizations include, but are not limited to, local governments, economic development councils, chambers of commerce, federally recognized Indian tribes, workforce development councils, and educational institutions.

     (iii) Applications must evidence financial participation of the partner organizations.

     (iv) Eligible activities include the formation of cluster economic development partnerships, research and analysis of economic development needs of the cluster, the development of a plan to meet the economic development needs of the cluster, and activities to implement the plan.

     (v) Priority shall be given to applicants that complement industry skill panels and will use the grant funds to build linkages and joint projects.

     (vi) The maximum amount of a grant is one hundred thousand dollars.

     (vii) A maximum of one hundred thousand dollars total can go to King, Pierce, Kitsap, and Snohomish counties combined.

     (viii) No more than ten percent of funds received for the grant program may be used by the department for administrative costs.

     (5) As used in this chapter, "industry cluster" means a geographic concentration of interconnected companies in a single industry, related businesses in other industries, including suppliers and customers, and associated institutions, including government and education.

[2012 c 198 § 3; 2010 1st sp.s. c 7 § 59; 2009 c 151 § 1; 2007 c 228 § 201; 2006 c 105 § 1; 2005 c 136 § 14; 2003 c 153 § 2; 1998 c 245 § 85; 1994 c 144 § 1; 1993 c 280 § 12.]

Notes:

     Effective date -- 2012 c 198: See note following RCW 70.94.6532.

     Effective date -- 2010 1st sp.s. c 26; 2010 1st sp.s. c 7: See note following RCW 43.03.027.

     Part headings not law -- 2007 c 228: See RCW 43.336.900.

     Savings--Effective date -- 2005 c 136: See notes following RCW 43.168.020.

     Findings -- 2003 c 153: "The legislature finds that tourism is a growing sector of the Washington economy. Washington has a diverse geography, geology, climate, and natural resources, and offers abundant opportunities for wildlife viewing. Nature-based tourism is the fastest growing outdoor activity and segment of the travel industry and the state can take advantage of this by marketing Washington's natural assets to international as well as national tourist markets. Expanding tourism efforts can provide Washington residents with jobs and local communities with needed revenues.

     The legislature also finds that current efforts to promote Washington's natural resources and nature-based tourism to national and international markets are too diffuse and limited by funding and that a collaborative effort among state and local governments, tribes, and private enterprises can serve to leverage the investments in nature-based tourism made by each." [2003 c 153 § 1.]

     Effective date -- 1994 c 144: "This act shall take effect July 1, 1994." [1994 c 144 § 3.]



43.330.094
Tourism development and promotion account — Promotion of tourism industry.

The tourism development and promotion account is created in the state treasury. All receipts from RCW 36.102.060(10) must be deposited into the account. Moneys in the account may be spent only after appropriation. Expenditures from the account may be used by the department of commerce only for the purposes of expanding and promoting the tourism industry in the state of Washington. During the 2009-2011 fiscal biennium, the legislature may transfer from the tourism development and promotion account to the state general fund such amounts as reflect the excess fund balance of the account.

[2011 c 5 § 913; 2009 c 565 § 6; 2007 c 228 § 202; 2003 c 153 § 4; 1997 c 220 § 223 (Referendum Bill No. 48, approved June 17, 1997).]

Notes:

     Effective date -- 2011 c 5: See note following RCW 43.79.487.

     Part headings not law -- 2007 c 228: See RCW 43.336.900.

     Findings -- 2003 c 153: See note following RCW 43.330.090.

     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.



43.330.100
Local infrastructure and public facilities — Grants and loans.

(1) The department shall support the development and maintenance of local infrastructure and public facilities and provide local communities with flexible sources of funding. The department shall coordinate grant and loan programs that provide infrastructure and investment in local communities. This shall include coordinating funding for eligible projects with other federal, state, local, private, and nonprofit funding sources.

     (2) At a minimum, the department shall provide coordinated procedures for applying for and tracking grants and loans among and between the community economic revitalization board, the public works trust fund, and community development block grants.

[1993 c 280 § 13.]

43.330.110
Housing — Energy assistance.

(1) The department shall maintain an active effort to help communities, families, and individuals build and maintain capacity to meet housing needs in Washington state. The department shall facilitate partnerships among the many entities related to housing issues and leverage a variety of resources and services to produce comprehensive, cost-effective, and innovative housing solutions.

     (2) The department shall assist in the production, development, rehabilitation, and operation of owner-occupied or rental housing for very low, low, and moderate-income persons; operate programs to assist home ownership, offer housing services, and provide emergency, transitional, and special needs housing services; and qualify as a participating state agency for all programs of the federal department of housing and urban development or its successor. The department shall develop or assist local governments in developing housing plans required by the state or federal government.

     (3) The department shall coordinate and administer energy assistance and residential energy conservation and rehabilitation programs of the federal and state government through nonprofit organizations, local governments, and housing authorities.

[1993 c 280 § 14.]



43.330.120
Growth management.

(1) The department shall serve as the central coordinator for state government in the implementation of the growth management act, chapter 36.70A RCW. The department shall work closely with all Washington communities planning for future growth and responding to the pressures of urban sprawl. The department shall ensure coordinated implementation of the growth management act by state agencies.

     (2) The department shall offer technical and financial assistance to cities and counties planning under the growth management act. The department shall help local officials interpret and implement the different requirements of the act through workshops, model ordinances, and information materials.

     (3) The department shall provide alternative dispute resolution to jurisdictions and organizations to mediate disputes and to facilitate consistent implementation of the growth management act. The department shall review local governments compliance with the requirements of the growth management act and make recommendations to the governor.

[1993 c 280 § 15.]



43.330.125
Assistance to counties and cities.

The department of commerce shall provide training and technical assistance to counties and cities to assist them in fulfilling the requirements of chapter 36.70B RCW.

[2009 c 565 § 7; 1995 c 347 § 430.]

Notes:

     Finding -- Severability -- Part headings and table of contents not law -- 1995 c 347: See notes following RCW 36.70A.470.



43.330.130
Services to poor and disadvantaged persons — Preschool children — Substance abuse — Family services — Fire protection and emergency management.

(1) The department shall coordinate services to communities that are directed to the poor and disadvantaged through private and public nonprofit organizations and units of general purpose local governments. The department shall coordinate these programs using, to the extent possible, integrated case management methods, with other community and economic development efforts that promote self-sufficiency.

     (2) These services may include, but not be limited to, comprehensive education services to preschool children from low-income families, providing for human service needs and advocacy, promoting volunteerism and citizen service as a means for accomplishing local community and economic development goals, and providing for human service needs through community-based organizations.

     (3) The department shall provide local communities and at-risk individuals with programs that provide community protection and assist in developing strategies to reduce substance abuse. The department shall administer programs that develop collaborative approaches to prevention, intervention, and interdiction programs. The department shall administer programs that support crime victims, address youth and domestic violence problems, provide indigent defense for low-income persons, border town disputes, and administer family services and programs to promote the state's policy as provided in RCW 74.14A.025.

     (4) The department shall provide fire protection and emergency management services to support and strengthen local capacity for controlling risk to life, property, and community vitality that may result from fires, emergencies, and disasters.

[2010 c 68 § 2; 1993 c 280 § 16.]

Notes:

     Effective date -- 2010 c 68: See note following RCW 43.23.290.



43.330.135
Court-appointed special advocate programs — Funds — Eligibility.

(1) The department of commerce shall distribute such funds as are appropriated for the statewide technical support, development, and enhancement of court-appointed special advocate programs.

     (2) In order to receive money under subsection (1) of this section, an organization providing statewide technical support, development, and enhancement of court-appointed special advocate programs must meet all of the following requirements:

     (a) The organization must provide statewide support, development, and enhancement of court-appointed special advocate programs that offer guardian ad litem services as provided in RCW 26.12.175, 26.44.053, and 13.34.100;

     (b) All guardians ad litem working under court-appointed special advocate programs supported, developed, or enhanced by the organization must be volunteers and may not receive payment for services rendered pursuant to the program. The organization may include paid positions that are exclusively administrative in nature, in keeping with the scope and purpose of this section; and

     (c) The organization providing statewide technical support, development, and enhancement of court-appointed special advocate programs must be a public benefit nonprofit corporation as defined in RCW 24.03.490.

     (3) If more than one organization is eligible to receive money under this section, the department shall develop criteria for allocation of appropriated money among the eligible organizations.

[2009 c 565 § 8; 1995 c 13 § 1.]

43.330.145
Entrepreneurial assistance — Recipients of temporary assistance for needy families — Cooperation with agencies for training and industrial recruitment.

(1) The department shall ensure that none of its rules or practices act to exclude recipients of temporary assistance for needy families from any small business loan opportunities or entrepreneurial assistance it makes available through its community development block grant program or otherwise provides using state or federal resources. The department shall encourage local administrators of microlending programs using public funds to conduct outreach activities to encourage recipients of temporary assistance for needy families to explore self-employment as an option. The department shall compile information on private and public sources of entrepreneurial assistance and loans for start-up businesses and provide the department of social and health services with the information for dissemination to recipients of temporary assistance for needy families.

     (2) The department shall, as part of its industrial recruitment efforts, work with the workforce training and education coordinating board to identify the skill sets needed by companies locating in the state. The department shall provide the department of social and health services with the information about the companies' needs in order that recipients of public assistance and service providers assisting such recipients through training and placement programs may be informed and respond accordingly. The department shall work with the state board for community and technical colleges, the job skills program, the employment security department, and other employment and training programs to facilitate the inclusion of recipients of temporary assistance for needy families in relevant training that would make them good employees for recruited firms.

     (3) The department shall perform the duties under this section within available funds.

[1997 c 58 § 323.]

Notes:

     Short title--Part headings, captions, table of contents not law -- Exemptions and waivers from federal law--Conflict with federal requirements--Severability--1997 c 58: See RCW 74.08A.900 through 74.08A.904.



43.330.150
Fees — Conferences, workshops, training.

The department is authorized to charge reasonable fees to cover costs for conferences, workshops, and training purposes and to expend those fees for the purposes for which they were collected.

[1994 c 284 § 1.]

Notes:

     Severability -- Effective date -- 1994 c 284: See RCW 43.22A.900 and 43.22A.901.



43.330.152
Fees — Service and product delivery areas.

In order to extend its services and programs, the department may charge reasonable fees for services and products provided in the areas of financial assistance, housing, international trade, community assistance, economic development, and other service delivery areas, except as otherwise provided. These fees are not intended to exceed the costs of providing the service or preparing and distributing the product.

[1994 c 284 § 2.]

Notes:

     Severability -- Effective date -- 1994 c 284: See RCW 43.22A.900 and 43.22A.901.



43.330.155
Community and economic development fee account.

The community and economic development fee account is created in the state treasury. The department may create subaccounts as necessary. The account consists of all receipts from fees charged by the department under RCW 43.330.150, 43.330.152, and *43.210.110. Expenditures from the account may be used only for the purposes of this chapter. Only the director or the director's designee may authorize expenditures from the account. Expenditures from the account may be spent only after appropriation.

[1994 c 284 § 4.]

Notes:

     *Reviser's note: RCW 43.210.110 was repealed by 1991 c 314 § 18, effective June 30, 1997.

     Severability -- Effective date -- 1994 c 284: See RCW 43.22A.900 and 43.22A.901.



43.330.156
Fees — Adoption by rule.

The fees authorized under RCW 43.330.150, 43.330.152, *70.95H.040, and **43.210.110 shall be adopted by rule pursuant to chapter 34.05 RCW.

[1994 c 284 § 8.]

Notes:

     Reviser's note: *(1) The governor vetoed 1994 c 284 § 5, the amendment to RCW 70.95H.040 that provided for fees.

     **(2) RCW 43.210.110 was repealed by 1991 c 314 § 18, effective June 30, 1997.

     Severability -- Effective date -- 1994 c 284: See RCW 43.22A.900 and 43.22A.901.



43.330.165
Housing for farmworkers — Proposal review and funding recommendations — Farmworker housing advisory group.

(1) The department shall work with the advisory group established in subsection (2) of this section to review proposals and make prioritized funding recommendations to the department or funding approval board that oversees the distribution of housing trust fund grants and loans to be used for the development, maintenance, and operation of housing for low-income farmworkers.

     (2) A farmworker housing advisory group representing growers, farmworkers, and other interested parties shall be formed to assist the department in the review and priority funding recommendations under this section.

[1998 c 37 § 8.]

43.330.167
Homeless families services fund — Created — Eligible activities.

(1)(a) There is created in the custody of the state treasurer an account to be known as the homeless families services fund. Revenues to the fund consist of a one-time appropriation by the legislature, private contributions, and all other sources deposited in the fund.

     (b) Expenditures from the fund may only be used for the purposes of the program established in this section, including administrative expenses. Only the director of the department of commerce, or the director's designee, may authorize expenditures.

     (c) Expenditures from the fund are exempt from appropriations and the allotment provisions of chapter 43.88 RCW. However, money used for program administration by the department is subject to the allotment and budgetary controls of chapter 43.88 RCW, and an appropriation is required for these expenditures.

     (2) The department may expend moneys from the fund to provide state matching funds for housing-based supportive services for homeless families over a period of at least ten years.

     (3) Activities eligible for funding through the fund include, but are not limited to, the following:

     (a) Case management;

     (b) Counseling;

     (c) Referrals to employment support and job training services and direct employment support and job training services;

     (d) Domestic violence services and programs;

     (e) Mental health treatment, services, and programs;

     (f) Substance abuse treatment, services, and programs;

     (g) Parenting skills education and training;

     (h) Transportation assistance;

     (i) Child care; and

     (j) Other supportive services identified by the department to be an important link for housing stability.

     (4) Organizations that may receive funds from the fund include local housing authorities, nonprofit community or neighborhood-based organizations, public development authorities, federally recognized Indian tribes in the state, and regional or statewide nonprofit housing assistance organizations.

[2009 c 565 § 9; 2004 c 276 § 718.]

Notes:

Severability -- 2004 c 276: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [2004 c 276 § 915.]

     Effective date -- 2004 c 276: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately [April 1, 2004]." [2004 c 276 § 916.]



43.330.170
Statewide housing market analysis.

The office of community development of the department of commerce is directed to conduct a statewide housing market analysis by region. The purpose of the analysis is to identify areas of greatest need for the appropriate investment of state affordable housing funds, using vacancy data and other appropriate measures of need for low-income housing. The analysis shall include the number and types of projects that counties have developed using the funds collected under chapter 294, Laws of 2002. The analysis shall be completed by September 2003, and updated every two years thereafter.

[2009 c 565 § 10; 2002 c 294 § 4.]

Notes:

     Findings -- 2002 c 294: See note following RCW 36.22.178.



43.330.190
Reimbursement of extraordinary criminal justice costs.

Counties may submit a petition for relief to the office of public defense for reimbursement of extraordinary criminal justice costs. Extraordinary criminal justice costs are defined as those associated with investigation, prosecution, indigent defense, jury impanelment, expert witnesses, interpreters, incarceration, and other adjudication costs of aggravated murder cases.

     (1) The office of public defense, in consultation with the Washington association of prosecuting attorneys and the Washington association of sheriffs and police chiefs, shall develop procedures for processing the petitions, for auditing the veracity of the petitions, and for prioritizing the petitions. Prioritization of the petitions shall be based on, but not limited to, such factors as disproportionate fiscal impact relative to the county budget, efficient use of resources, and whether the costs are extraordinary and could not be reasonably accommodated and anticipated in the normal budget process.

     (2) Before January 1st of each year, the office of public defense, in consultation with the Washington association of prosecuting attorneys and the Washington association of sheriffs and police chiefs, shall develop and submit to the appropriate fiscal committees of the senate and house of representatives a prioritized list of submitted petitions that are recommended for funding by the legislature.

[1999 c 303 § 1.]



43.330.250
Economic development strategic reserve account — Authorized expenditures — Transfer of excess funds to the education construction account.

(1) The economic development strategic reserve account is created in the state treasury to be used only for the purposes of this section.

     (2) Only the governor, with the recommendation of the director of the department of commerce and the economic development commission, may authorize expenditures from the account.

     (3) Expenditures from the account shall be made in an amount sufficient to fund a minimum of one staff position for the economic development commission and to cover any other operational costs of the commission.

     (4) During the 2009-2011 and 2011-2013 fiscal biennia, moneys in the account may also be transferred into the state general fund.

     (5) Expenditures from the account may be made to prevent closure of a business or facility, to prevent relocation of a business or facility in the state to a location outside the state, or to recruit a business or facility to the state. Expenditures may be authorized for:

     (a) Workforce development;

     (b) Public infrastructure needed to support or sustain the operations of the business or facility; and

     (c) Other lawfully provided assistance, including, but not limited to, technical assistance, environmental analysis, relocation assistance, and planning assistance. Funding may be provided for such assistance only when it is in the public interest and may only be provided under a contractual arrangement ensuring that the state will receive appropriate consideration, such as an assurance of job creation or retention.

     (6) The funds shall not be expended from the account unless:

     (a) The circumstances are such that time does not permit the director of the department of commerce or the business or facility to secure funding from other state sources;

     (b) The business or facility produces or will produce significant long-term economic benefits to the state, a region of the state, or a particular community in the state;

     (c) The business or facility does not require continuing state support;

     (d) The expenditure will result in new jobs, job retention, or higher incomes for citizens of the state;

     (e) The expenditure will not supplant private investment; and

     (f) The expenditure is accompanied by private investment.

     (7) No more than three million dollars per year may be expended from the account for the purpose of assisting an individual business or facility pursuant to the authority specified in this section.

     (8) If the account balance in the strategic reserve account exceeds fifteen million dollars at any time, the amount in excess of fifteen million dollars shall be transferred to the education construction account.

[2011 1st sp.s. c 50 § 956. Prior: 2009 c 565 § 13; 2009 c 564 § 943; 2008 c 329 § 914; 2005 c 427 § 1.]

Notes:

     Effective dates -- 2011 1st sp.s. c 50: See note following RCW 15.76.115.

     Effective date -- 2009 c 564: See note following RCW 2.68.020.

     Severability -- Effective date -- 2008 c 329: See notes following RCW 28B.105.110.



43.330.260
Inventory of economic development grant opportunities — Joint efforts for grant seeking and attracting major events.

(1) The department shall make available, within existing resources, an inventory of grant opportunities for state agencies, local governments, and other community organizations engaged in economic development activities.

     (2) In developing the inventory of economic development grant opportunities, the department may:

     (a) Regularly review the federal register for opportunities to apply for grants, research projects, and demonstration projects;

     (b) Maintain an inventory of grant opportunities with private foundations and businesses; and

     (c) Consult with federal officials, including but not limited to those in the small business administration, the department of labor, the department of commerce, the department of agriculture, the department of ecology, as well as private foundations and businesses, on the prospects for obtaining federal and private funds for economic development purposes in Washington state.

     (3) The department may also facilitate joint efforts between agencies and between local organizations and state agencies that will increase the likelihood of success in grant seeking and the attraction of major events.

[2006 c 314 § 2.]

Notes:

     Finding -- 2006 c 314: "The legislature declares that it is the state's policy to encourage the use of federal and private funds for economic development purposes and to use state resources to leverage federal and private dollars to supplement state economic development efforts." [2006 c 314 § 1.]



43.330.270
Innovation partnership zone program.

(1) The department must design and implement an innovation partnership zone program through which the state will encourage and support research institutions, workforce training organizations, and globally competitive companies to work cooperatively in close geographic proximity to create commercially viable products and jobs.

     (2) The director must designate innovation partnership zones on the basis of the following criteria:

     (a) Innovation partnership zones must have three types of institutions operating within their boundaries, or show evidence of planning and local partnerships that will lead to dense concentrations of these institutions:

     (i) Research capacity in the form of a university or community college fostering commercially valuable research, nonprofit institutions creating commercially applicable innovations, or a national laboratory;

     (ii) An industry cluster as defined in RCW 43.330.090. The cluster must include a dense proximity of globally competitive firms in a research-based industry or industries or individual firms with innovation strategies linked to (a)(i) of this subsection. A globally competitive firm may be signified through international organization for standardization 9000 or 1400 certification, or evidence of sales in international markets; and

     (iii) Training capacity either within the zone or readily accessible to the zone. The training capacity requirement may be met by the same institution as the research capacity requirement, to the extent both are associated with an educational institution in the proposed zone.

     (b) The support of a local jurisdiction, a research institution, an educational institution, an industry or cluster association, a workforce development council, and an associate development organization, port, or chamber of commerce;

     (c) Identifiable boundaries for the zone within which the applicant will concentrate efforts to connect innovative researchers, entrepreneurs, investors, industry associations or clusters, and training providers. The geographic area defined should lend itself to a distinct identity and have the capacity to accommodate firm growth;

     (d) The innovation partnership zone administrator must be an economic development council, port, workforce development council, city, or county.

     (3) With respect solely to the research capacity required in subsection (2)(a)(i) of this section, the director may waive the requirement that the research institution be located within the zone. To be considered for such a waiver, an applicant must provide a specific plan that demonstrates the research institution's unique qualifications and suitability for the zone, and the types of jointly executed activities that will be used to ensure ongoing, face-to-face interaction and research collaboration among the zone's partners.

     (4) On October 1st of each odd-numbered year, the director must designate innovation partnership zones on the basis of applications that meet the legislative criteria, estimated economic impact of the zone, evidence of forward planning for the zone, and other criteria as developed by the department in consultation with the Washington state economic development commission. Estimated economic impact must include evidence of anticipated private investment, job creation, innovation, and commercialization. The director must require evidence that zone applicants will promote commercialization, innovation, and collaboration among zone residents.

     (5) Innovation partnership zones are eligible for funds and other resources as provided by the legislature or at the discretion of the governor.

     (6) If the innovation partnership zone meets the other requirements of the fund sources, then the zone is eligible for the following funds relating to:

     (a) The local infrastructure financing tools program;

     (b) The sales and use tax for public facilities in rural counties;

     (c) Job skills;

     (d) Local improvement districts; and

     (e) Community economic revitalization board projects under chapter 43.160 RCW.

     (7) An innovation partnership zone must be designated as a zone for a four-year period. At the end of the four-year period, the zone must reapply for the designation through the department.

     (8) If the director finds that an applicant does not meet all of the statutory criteria or additional criteria recommended by the department in consultation with the Washington state economic development commission to be designated as an innovation partnership zone, the department must:

     (a) Identify the deficiencies in the proposal and recommended steps for the applicant to take to strengthen the proposal;

     (b) Provide the applicant with the opportunity to appeal the decision to the director; and

     (c) Allow the applicant to reapply for innovation partnership designation on October 1st of the following calendar year or during any subsequent application cycle.

     (9) If the director finds at any time after the initial year of designation that an innovation partnership zone is failing to meet the performance standards required in its contract with the department, the director may withdraw such designation and cease state funding of the zone.

     (10) The department must convene annual information sharing events for innovation partnership zone administrators and other interested parties.

     (11) An innovation partnership zone must annually provide performance measures as required by the director, including but not limited to private investment measures, job creation measures, and measures of innovation such as licensing of ideas in research institutions, patents, or other recognized measures of innovation.

     (12) The department must compile a biennial report on the innovation partnership zone program by December 1st of every even-numbered year. The report must provide information for each zone on its: Objectives; funding, tax incentives, and other support obtained from public sector sources; major activities; partnerships; performance measures; and outcomes achieved since the inception of the zone or since the previous biennial report. The Washington state economic development commission must review the department's draft report and make recommendations on ways to increase the effectiveness of individual zones and the program overall. The department must submit the report, including the commission's recommendations, to the governor and legislature beginning December 1, 2010.

[2012 c 225 § 1; 2009 c 72 § 1; 2007 c 227 § 1.]



43.330.280
Innovation partnerships — Duties of state economic development commission and workforce training and education coordinating board — Working group.

(1) The Washington state economic development commission shall, with the advice of an innovation partnership advisory group selected by the commission:

     (a) Provide information and advice to the department of commerce to assist in the implementation of the innovation partnership zone program, including criteria to be used in the selection of grant applicants for funding;

     (b) Document clusters of companies throughout the state that have comparative competitive advantage or the potential for comparative competitive advantage, using the process and criteria for identifying strategic clusters developed by the working group specified in subsection (2) of this section;

     (c) Conduct an innovation opportunity analysis to identify (i) the strongest current intellectual assets and research teams in the state focused on emerging technologies and their commercialization, and (ii) faculty and researchers that could increase their focus on commercialization of technology if provided the appropriate technical assistance and resources;

     (d) Based on its findings and analysis, and in conjunction with the research institutions:

     (i) Develop a plan to build on existing, and develop new, intellectual assets and innovation research teams in the state in research areas where there is a high potential to commercialize technologies. The commission shall present the plan to the governor and legislature by December 31, 2009. The publicly funded research institutions in the state shall be responsible for implementing the plan. The plan shall address the following elements and such other elements as the commission deems important:

     (A) Specific mechanisms to support, enhance, or develop innovation research teams and strengthen their research and commercialization capacity in areas identified as useful to strategic clusters and innovative firms in the state;

     (B) Identification of the funding necessary for laboratory infrastructure needed to house innovation research teams;

     (C) Specification of the most promising research areas meriting enhanced resources and recruitment of significant entrepreneurial researchers to join or lead innovation research teams;

     (D) The most productive approaches to take in the recruitment, in the identified promising research areas, of a minimum of ten significant entrepreneurial researchers over the next ten years to join or lead innovation research teams;

     (E) Steps to take in solicitation of private sector support for the recruitment of entrepreneurial researchers and the commercialization activity of innovation research teams; and

     (F) Mechanisms for ensuring the location of innovation research teams in innovation partnership zones;

     (ii) Provide direction for the development of comprehensive entrepreneurial assistance programs at research institutions. The programs may involve multidisciplinary students, faculty, entrepreneurial researchers, entrepreneurs, and investors in building business models and evolving business plans around innovative ideas. The programs may provide technical assistance and the support of an entrepreneur-in-residence to innovation research teams and offer entrepreneurial training to faculty, researchers, undergraduates, and graduate students. Curriculum leading to a certificate in entrepreneurship may also be offered;

     (e) Develop performance measures to be used in evaluating the performance of innovation research teams, the implementation of the plan and programs under (d)(i) and (ii) of this subsection, and the performance of innovation partnership zone grant recipients, including but not limited to private investment measures, business initiation measures, job creation measures, and measures of innovation such as licensing of ideas in research institutions, patents, or other recognized measures of innovation. The performance measures developed shall be consistent with the economic development commission's comprehensive plan for economic development and its standards and metrics for program evaluation. The commission shall report to the legislature and the governor by June 30, 2009, on the measures developed; and

     (f) Using the performance measures developed, perform a biennial assessment and report, the first of which shall be due December 31, 2012, on:

     (i) Commercialization of technologies developed at state universities, found at other research institutions in the state, and facilitated with public assistance at existing companies;

     (ii) Outcomes of the funding of innovation research teams and recruitment of significant entrepreneurial researchers;

     (iii) Comparison with other states of Washington's outcomes from the innovation research teams and efforts to recruit significant entrepreneurial researchers; and

     (iv) Outcomes of the grants for innovation partnership zones.

The report shall include recommendations for modifications of chapter 227, Laws of 2007 and of state commercialization efforts that would enhance the state's economic competitiveness.

     (2) The economic development commission and the workforce training and education coordinating board shall jointly convene a working group to:

     (a) Specify the process and criteria for identification of substate geographic concentrations of firms or employment in an industry and the industry's customers, suppliers, supporting businesses, and institutions, which process will include the use of labor market information from the employment security department and local labor markets; and

     (b) Establish criteria for identifying strategic clusters which are important to economic prosperity in the state, considering cluster size, growth rate, and wage levels among other factors.

[2012 c 229 § 708. Prior: 2009 c 565 § 14; 2009 c 72 § 2; 2007 c 227 § 2.]

Notes:

     Effective date -- 2012 c 229 §§ 101, 117, 401, 402, 501 through 594, 601 through 609, 701 through 708, 801 through 821, 902, and 904: See note following RCW 28B.77.005.



43.330.290
Microenterprise development program.

The microenterprise development program is established in the department of commerce. In implementing the program, the department:

     (1) Shall provide organizational support to a statewide microenterprise association and shall contract with the association for the delivery of services and distribution of grants;

     (a) The association shall serve as the department's agent in carrying out the purpose and service delivery requirements of this section;

     (b) The association's contract with the department shall specify that in administering the funds provided for under subsection (3) of this section, the association may use no greater than ten percent of the funds to cover administrative expenses;

     (2) Shall provide funds for capacity building for the statewide microenterprise association and microenterprise development organizations throughout the state;

     (3) Shall provide grants to microenterprise development organizations for the delivery of training and technical assistance services;

     (4) Shall identify and facilitate the availability of state, federal, and private sources of funds which may enhance microenterprise development in the state;

     (5) Shall develop with the statewide microenterprise association criteria for the distribution of grants to microenterprise development organizations. Such criteria may include:

     (a) The geographic representation of all regions of the state, including both urban and rural communities;

     (b) The ability of the microenterprise development organization to provide business development services in low-income communities;

     (c) The scope of services offered by a microenterprise development organization and their efficiency in delivery of such services;

     (d) The ability of the microenterprise development organization to monitor the progress of its customers and identify technical and financial assistance needs;

     (e) The ability of the microenterprise development organization to work with other organizations, public entities, and financial institutions to meet the technical and financial assistance needs of its customers;

     (f) The sufficiency of operating funds for the microenterprise development organization; and

     (g) Such other criteria as agreed by the department and the association;

     (6) Shall require the statewide microenterprise association and any microenterprise development organization receiving funds through the microenterprise development program to raise and contribute to the effort funded by the microenterprise development program an amount equal to twenty-five percent of the microenterprise development program funds received. Such matching funds may come from private foundations, federal or local sources, financial institutions, or any other source other than funds appropriated from the legislature;

     (7) Shall require under its contract with the statewide microenterprise association an annual accounting of program outcomes, including job creation, access to capital, leveraging of nonstate funds, and other outcome measures specified by the department. By January 1, 2012, the joint legislative audit and review committee shall use these outcome data and other relevant information to evaluate the program's effectiveness; and

     (8) May adopt rules as necessary to implement this section.

[2009 c 565 § 15; 2007 c 322 § 3.]

Notes:

     Findings -- Purpose -- Intent -- 2007 c 322: "(1) The legislature finds that:

     (a) Microenterprises are an important portion of Washington's economy, providing approximately twenty percent of the employment in Washington and playing a vital role in job creation.

     (b) While community-based microenterprise development organizations have expanded their assistance to their microentrepreneur customers in recent years, there remains a lack of access to capital, training, and technical assistance for low-income microentrepreneurs.

     (c) Support for microenterprise development offers a means to expand business and job creation in low-income communities in both rural and urban areas of the state.

     (d) Local and state charitable foundation support, federal program funding, and private sector support can be leveraged by a statewide program for development of microenterprises.

     (2) It is the purpose of this act to assist microenterprises in job creation by increasing the training, technical assistance, and financial resources available to microenterprises. It is the intention of the legislature to carry out this purpose by enabling the *department of community, trade, and economic development to contract with a statewide microenterprise association with the potential to provide organizational support and administer grants to local microenterprise development organizations, subject to the requirements of this act, and to leverage additional funds from sources other than moneys appropriated from the general fund." [2007 c 322 § 1.]

     *Reviser's note: The "department of community, trade, and economic development" was renamed the "department of commerce" by 2009 c 565.



43.330.300
Financial fraud and identity theft crimes investigation and prosecution program. (Expires July 1, 2015.)

(1) The financial fraud and identity theft crimes investigation and prosecution program is created in the department of commerce. The department shall:

     (a) Appoint members of the financial fraud task forces created in subsection (2) of this section;

     (b) Administer the account created in subsection (3) of this section; and

     (c) By December 31st of each year submit a report to the appropriate committees of the legislature and the governor regarding the progress of the program and task forces. The report must include recommendations on changes to the program, including expansion.

     (2)(a) The department shall establish two regional financial fraud and identity theft crime task forces that include a central Puget Sound task force that includes King and Pierce counties, and a Spokane county task force. Each task force must be comprised of local law enforcement, county prosecutors, representatives of the office of the attorney general, financial institutions, and other state and local law enforcement.

     (b) The department shall appoint: (i) Representatives of local law enforcement from a list provided by the Washington association of sheriffs and police chiefs; (ii) representatives of county prosecutors from a list provided by the Washington association of prosecuting attorneys; and (iii) representatives of financial institutions.

     (c) Each task force shall:

     (i) Hold regular meetings to discuss emerging trends and threats of local financial fraud and identity theft crimes;

     (ii) Set priorities for the activities for the task force;

     (iii) Apply to the department for funding to (A) hire prosecutors and/or law enforcement personnel dedicated to investigating and prosecuting financial fraud and identity theft crimes; and (B) acquire other needed resources to conduct the work of the task force;

     (iv) Establish outcome-based performance measures; and

     (v) Twice annually report to the department regarding the activities and performance of the task force.

     (3) The financial fraud and identity theft crimes investigation and prosecution account is created in the state treasury. Moneys in the account may be spent only after appropriation. Revenue to the account may include appropriations, revenues generated by the surcharge imposed in RCW 62A.9A-525, federal funds, and any other gifts or grants. Expenditures from the account may be used only to support the activities of the financial fraud and identity theft crime investigation and prosecution task forces and the program administrative expenses of the department, which may not exceed ten percent of the amount appropriated.

     (4) For purposes of this section, "financial fraud and identity theft crimes" includes those that involve: Check fraud, chronic unlawful issuance of bank checks, embezzlement, credit/debit card fraud, identity theft, forgery, counterfeit instruments such as checks or documents, organized counterfeit check rings, and organized identification theft rings.

[2009 c 565 § 16; 2008 c 290 § 1.]

Notes:

     Expiration dates -- 2009 c 565 §§ 16 and 41: "(1) Section 16 of this act expires July 1, 2015.

     (2) Section 41 of this act expires June 30, 2016." [2009 c 565 § 57.]

     Expiration date -- 2008 c 290: "This act expires July 1, 2015." [2008 c 290 § 4.]



43.330.310
Comprehensive green economy jobs growth initiative — Establishment (as amended by 2012 c 198).

(1) The legislature establishes a comprehensive green economy jobs growth initiative based on the goal of, by 2020, increasing the number of green economy jobs to twenty-five thousand from the eight thousand four hundred green economy jobs the state had in 2004.

     (2) The department, in consultation with the employment security department, the state workforce training and education coordinating board, and the state board for community and technical colleges, ((and the higher education coordinating board,)) shall develop a defined list of terms, consistent with current workforce and economic development terms, associated with green economy industries and jobs.

     (3)(a) The employment security department, in consultation with the department, the state workforce training and education coordinating board, the state board for community and technical colleges, ((the higher education coordinating board,)) Washington State University small business development center, and the Washington State University extension energy program, shall conduct labor market research to analyze the current labor market and projected job growth in the green economy, the current and projected recruitment and skill requirement of green economy industry employers, the wage and benefits ranges of jobs within green economy industries, and the education and training requirements of entry-level and incumbent workers in those industries.

     (i) The employment security department shall conduct an analysis of occupations in the forest products industry to: (A) Determine key growth factors and employment projections in the industry; and (B) define the education and skill standards required for current and emerging green occupations in the industry.

     (ii) The term "forest products industry" must be given a broad interpretation when implementing (a)(i) of this subsection and includes, but is not limited to, businesses that grow, manage, harvest, transport, and process forest, wood, and paper products.

     (b) The University of Washington business and economic development center shall: Analyze the current opportunities for and participation in the green economy by minority and women-owned business enterprises in Washington; identify existing barriers to their successful participation in the green economy; and develop strategies with specific policy recommendations to improve their successful participation in the green economy. The research may be informed by the research of the Puget Sound regional council prosperity partnership, as well as other entities. The University of Washington business and economic development center shall report to the appropriate committees of the house of representatives and the senate on their research, analysis, and recommendations by December 1, 2008.

     (4) Based on the findings from subsection (3) of this section, the employment security department, in consultation with the department and taking into account the requirements and goals of chapter 14, Laws of 2008 and other state clean energy and energy efficiency policies, shall propose which industries will be considered high-demand green industries, based on current and projected job creation and their strategic importance to the development of the state's green economy. The employment security department and the department shall take into account which jobs within green economy industries will be considered high-wage occupations and occupations that are part of career pathways to the same, based on family-sustaining wage and benefits ranges. These designations, and the results of the employment security department's broader labor market research, shall inform the planning and strategic direction of the department, the state workforce training and education coordinating board, and the state board for community and technical colleges((, and the higher education coordinating board)).

     (5) The department shall identify emerging technologies and innovations that are likely to contribute to advancements in the green economy, including the activities in designated innovation partnership zones established in RCW 43.330.270.

     (6) The department, consistent with the priorities established by the state economic development commission, shall:

     (a) Develop targeting criteria for existing investments, and make recommendations for new or expanded financial incentives and comprehensive strategies, to recruit, retain, and expand green economy industries and small businesses; and

     (b) Make recommendations for new or expanded financial incentives and comprehensive strategies to stimulate research and development of green technology and innovation, including designating innovation partnership zones linked to the green economy.

     (7) For the purposes of this section, "target populations" means (a) entry-level or incumbent workers in high-demand green industries who are in, or are preparing for, high-wage occupations; (b) dislocated workers in declining industries who may be retrained for high-wage occupations in high-demand green industries; (c) dislocated agriculture, timber, or energy sector workers who may be retrained for high-wage occupations in high-demand green industries; (d) eligible veterans or national guard members; (e) disadvantaged populations; or (f) anyone eligible to participate in the state opportunity grant program under RCW 28B.50.271.

     (8) The legislature directs the state workforce training and education coordinating board to create and pilot green industry skill panels. These panels shall consist of business representatives from: Green industry sectors, including but not limited to forest product companies, companies engaged in energy efficiency and renewable energy production, companies engaged in pollution prevention, reduction, and mitigation, and companies engaged in green building work and green transportation; labor unions representing workers in those industries or labor affiliates administering state-approved, joint apprenticeship programs or labor-management partnership programs that train workers for these industries; state and local veterans agencies; employer associations; educational institutions; and local workforce development councils within the region that the panels propose to operate; and other key stakeholders as determined by the applicant. Any of these stakeholder organizations are eligible to receive grants under this section and serve as the intermediary that convenes and leads the panel. Panel applicants must provide labor market and industry analysis that demonstrates high demand, or demand of strategic importance to the development of the state's clean energy economy as identified in this section, for high-wage occupations, or occupations that are part of career pathways to the same, within the relevant industry sector. The panel shall:

     (a) Conduct labor market and industry analyses, in consultation with the employment security department, and drawing on the findings of its research when available;

     (b) Plan strategies to meet the recruitment and training needs of the industry and small businesses; and

     (c) Leverage and align other public and private funding sources.

     (((9) The green industries jobs training account is created in the state treasury. Moneys from the account must be utilized to supplement the state opportunity grant program established under RCW 28B.50.271. All receipts from appropriations directed to the account must be deposited into the account. Expenditures from the account may be used only for the activities identified in this subsection. The state board for community and technical colleges, in consultation with the state workforce training and education coordinating board, informed by the research of the employment security department and the strategies developed in this section, may authorize expenditures from the account. The state board for community and technical colleges must distribute grants from the account on a competitive basis.

     (a)(i) Allowable uses of these grant funds, which should be used when other public or private funds are insufficient or unavailable, may include:

     (A) Curriculum development;

     (B) Transitional jobs strategies for dislocated workers in declining industries who may be retrained for high-wage occupations in green industries;

     (C) Workforce education to target populations; and

     (D) Adult basic and remedial education as necessary linked to occupation skills training.

     (ii) Allowable uses of these grant funds do not include student assistance and support services available through the state opportunity grant program under RCW 28B.50.271.

     (b) Applicants eligible to receive these grants may be any organization or a partnership of organizations that has demonstrated expertise in:

     (i) Implementing effective education and training programs that meet industry demand; and

     (ii) Recruiting and supporting, to successful completion of those training programs carried out under these grants, the target populations of workers.

     (c) In awarding grants from the green industries jobs training account, the state board for community and technical colleges shall give priority to applicants that demonstrate the ability to:

     (i) Use labor market and industry analysis developed by the employment security department and green industry skill panels in the design and delivery of the relevant education and training program, and otherwise utilize strategies developed by green industry skill panels;

     (ii) Leverage and align existing public programs and resources and private resources toward the goal of recruiting, supporting, educating, and training target populations of workers;

     (iii) Work collaboratively with other relevant stakeholders in the regional economy;

     (iv) Link adult basic and remedial education, where necessary, with occupation skills training;

     (v) Involve employers and, where applicable, labor unions in the determination of relevant skills and competencies and, where relevant, the validation of career pathways; and

     (vi) Ensure that supportive services, where necessary, are integrated with education and training and are delivered by organizations with direct access to and experience with the targeted population of workers.))

[2012 c 198 § 12; 2010 c 187 § 2; 2008 c 14 § 9.]

Notes:

     Effective date -- 2012 c 198: See note following RCW 70.94.6532.

43.330.310
Comprehensive green economy jobs growth initiative — Establishment — Green industries jobs training account — Creation (as amended by 2012 c 229).

(1) The legislature establishes a comprehensive green economy jobs growth initiative based on the goal of, by 2020, increasing the number of green economy jobs to twenty-five thousand from the eight thousand four hundred green economy jobs the state had in 2004.

     (2) The department, in consultation with the employment security department, the state workforce training and education coordinating board, the state board for community and technical colleges, and the ((higher education coordinating board)) student achievement council, shall develop a defined list of terms, consistent with current workforce and economic development terms, associated with green economy industries and jobs.

     (3)(a) The employment security department, in consultation with the department, the state workforce training and education coordinating board, the state board for community and technical colleges, the ((higher education coordinating board)) student achievement council, Washington State University small business development center, and the Washington State University extension energy program, shall conduct labor market research to analyze the current labor market and projected job growth in the green economy, the current and projected recruitment and skill requirement of green economy industry employers, the wage and benefits ranges of jobs within green economy industries, and the education and training requirements of entry-level and incumbent workers in those industries.

     (i) The employment security department shall conduct an analysis of occupations in the forest products industry to: (A) Determine key growth factors and employment projections in the industry; and (B) define the education and skill standards required for current and emerging green occupations in the industry.

     (ii) The term "forest products industry" must be given a broad interpretation when implementing (a)(i) of this subsection and includes, but is not limited to, businesses that grow, manage, harvest, transport, and process forest, wood, and paper products.

     (b) The University of Washington business and economic development center shall: Analyze the current opportunities for and participation in the green economy by minority and women-owned business enterprises in Washington; identify existing barriers to their successful participation in the green economy; and develop strategies with specific policy recommendations to improve their successful participation in the green economy. The research may be informed by the research of the Puget Sound regional council prosperity partnership, as well as other entities. The University of Washington business and economic development center shall report to the appropriate committees of the house of representatives and the senate on their research, analysis, and recommendations by December 1, 2008.

     (4) Based on the findings from subsection (3) of this section, the employment security department, in consultation with the department and taking into account the requirements and goals of chapter 14, Laws of 2008 and other state clean energy and energy efficiency policies, shall propose which industries will be considered high-demand green industries, based on current and projected job creation and their strategic importance to the development of the state's green economy. The employment security department and the department shall take into account which jobs within green economy industries will be considered high-wage occupations and occupations that are part of career pathways to the same, based on family-sustaining wage and benefits ranges. These designations, and the results of the employment security department's broader labor market research, shall inform the planning and strategic direction of the department, the state workforce training and education coordinating board, the state board for community and technical colleges, and the ((higher education coordinating board)) student achievement council.

     (5) The department shall identify emerging technologies and innovations that are likely to contribute to advancements in the green economy, including the activities in designated innovation partnership zones established in RCW 43.330.270.

     (6) The department, consistent with the priorities established by the state economic development commission, shall:

     (a) Develop targeting criteria for existing investments, and make recommendations for new or expanded financial incentives and comprehensive strategies, to recruit, retain, and expand green economy industries and small businesses; and

     (b) Make recommendations for new or expanded financial incentives and comprehensive strategies to stimulate research and development of green technology and innovation, including designating innovation partnership zones linked to the green economy.

     (7) For the purposes of this section, "target populations" means (a) entry-level or incumbent workers in high-demand green industries who are in, or are preparing for, high-wage occupations; (b) dislocated workers in declining industries who may be retrained for high-wage occupations in high-demand green industries; (c) dislocated agriculture, timber, or energy sector workers who may be retrained for high-wage occupations in high-demand green industries; (d) eligible veterans or national guard members; (e) disadvantaged populations; or (f) anyone eligible to participate in the state opportunity grant program under RCW 28B.50.271.

     (8) The legislature directs the state workforce training and education coordinating board to create and pilot green industry skill panels. These panels shall consist of business representatives from: Green industry sectors, including but not limited to forest product companies, companies engaged in energy efficiency and renewable energy production, companies engaged in pollution prevention, reduction, and mitigation, and companies engaged in green building work and green transportation; labor unions representing workers in those industries or labor affiliates administering state-approved, joint apprenticeship programs or labor-management partnership programs that train workers for these industries; state and local veterans agencies; employer associations; educational institutions; and local workforce development councils within the region that the panels propose to operate; and other key stakeholders as determined by the applicant. Any of these stakeholder organizations are eligible to receive grants under this section and serve as the intermediary that convenes and leads the panel. Panel applicants must provide labor market and industry analysis that demonstrates high demand, or demand of strategic importance to the development of the state's clean energy economy as identified in this section, for high-wage occupations, or occupations that are part of career pathways to the same, within the relevant industry sector. The panel shall:

     (a) Conduct labor market and industry analyses, in consultation with the employment security department, and drawing on the findings of its research when available;

     (b) Plan strategies to meet the recruitment and training needs of the industry and small businesses; and

     (c) Leverage and align other public and private funding sources.

     (9) The green industries jobs training account is created in the state treasury. Moneys from the account must be utilized to supplement the state opportunity grant program established under RCW 28B.50.271. All receipts from appropriations directed to the account must be deposited into the account. Expenditures from the account may be used only for the activities identified in this subsection. The state board for community and technical colleges, in consultation with the state workforce training and education coordinating board, informed by the research of the employment security department and the strategies developed in this section, may authorize expenditures from the account. The state board for community and technical colleges must distribute grants from the account on a competitive basis.

     (a)(i) Allowable uses of these grant funds, which should be used when other public or private funds are insufficient or unavailable, may include:

     (A) Curriculum development;

     (B) Transitional jobs strategies for dislocated workers in declining industries who may be retrained for high-wage occupations in green industries;

     (C) Workforce education to target populations; and

     (D) Adult basic and remedial education as necessary linked to occupation skills training.

     (ii) Allowable uses of these grant funds do not include student assistance and support services available through the state opportunity grant program under RCW 28B.50.271.

     (b) Applicants eligible to receive these grants may be any organization or a partnership of organizations that has demonstrated expertise in:

     (i) Implementing effective education and training programs that meet industry demand; and

     (ii) Recruiting and supporting, to successful completion of those training programs carried out under these grants, the target populations of workers.

     (c) In awarding grants from the green industries jobs training account, the state board for community and technical colleges shall give priority to applicants that demonstrate the ability to:

     (i) Use labor market and industry analysis developed by the employment security department and green industry skill panels in the design and delivery of the relevant education and training program, and otherwise utilize strategies developed by green industry skill panels;

     (ii) Leverage and align existing public programs and resources and private resources toward the goal of recruiting, supporting, educating, and training target populations of workers;

     (iii) Work collaboratively with other relevant stakeholders in the regional economy;

     (iv) Link adult basic and remedial education, where necessary, with occupation skills training;

     (v) Involve employers and, where applicable, labor unions in the determination of relevant skills and competencies and, where relevant, the validation of career pathways; and

     (vi) Ensure that supportive services, where necessary, are integrated with education and training and are delivered by organizations with direct access to and experience with the targeted population of workers.

[2012 c 229 § 590; 2010 c 187 § 2; 2008 c 14 § 9.]

Notes:

     Reviser's note: RCW 43.330.310 was amended twice during the 2012 legislative session, each without reference to the other. For rule of construction concerning sections amended more than once during the same legislative session, see RCW 1.12.025.

     Effective date -- 2012 c 229 §§ 101, 117, 401, 402, 501 through 594, 601 through 609, 701 through 708, 801 through 821, 902, and 904: See note following RCW 28B.77.005.

     Findings -- 2010 c 187: "(1) The legislature finds that:

     (a) Washington's forest products industry plays a critical economic and environmental role in the state. The industry provides a wide range of services and goods both to Washingtonians and people around the world and is vital to the well-being and lifestyle of the people of the state of Washington; and

     (b) It is in the best interest of the state to support and enhance the forest products industry.

     (2) The legislature further finds that the state's forest practices are sustainably managed according to some of the most stringent riparian growing and harvest rules of any state in the nation or in the world, and that the state of Washington has received fifty-year assurances from the federal government that the state's forest practices satisfy the requirements of the federal endangered species act for aquatic species. As part of their environmental stewardship, forest landowners in Washington have repaired or removed nearly three thousand fish passage barriers, returned nearly twenty-five hundred miles of forest roads to their natural condition, and opened up nearly fifteen hundred miles of riparian salmonid habitat.

     (3) The legislature further finds that Washington's forests naturally create habitat for fish and wildlife, clean water, and carbon storage; all environmental benefits that are lost when land is converted out of working forestry into another use. In recognition of forestry's benefits, the international panel on climate change has reported that a sustainable forest management strategy aimed at maintaining or increasing forest carbon stocks, while producing an annual sustained yield of timber, fiber, wood products, or energy from the forest, will generate the largest sustained carbon mitigation benefit.

     (4) The legislature further finds that the forest products industry is a seventeen billion dollar industry, making it Washington's second largest manufacturing industry. The forest products industry alone provides nearly forty-five thousand direct jobs and one hundred sixty-two thousand indirect jobs, many located in rural areas.

     (5) The legislature further finds that working forests help generate wealth through recreation and tourism, the retention and creation of green jobs, and through the production of wood products and energy, a finding supported by the United States secretary of agriculture." [2010 c 187 § 1.]

     Findings -- Intent -- Scope of chapter 14, Laws of 2008 -- Severability -- 2008 c 14: See RCW 70.235.005, 70.235.900, and 70.235.901.



43.330.320
Obtaining energy efficiency services — Awarding grants to financial institutions — Credit enhancements.

(1) The department must: (a) Establish a process to award grants on a competitive basis to provide grants to financial institutions for the purpose of creating credit enhancements, such as loan loss reserve funds as specified in RCW 43.330.330 and 43.330.350, and consumer financial products and services that will be used to obtain energy efficiency services; and (b) develop criteria, in consultation with the department of financial institutions, regarding the extent to which funds will be provided for the purposes of credit enhancements and set forth principles for accountability for financial institutions receiving funding for credit enhancements.

     (2) The department must:

     (a) Give priority to financial institutions that provide both consumer financial products or services and direct outreach;

     (b) Approve any financing mechanisms offered by local municipalities under RCW 43.330.350; and

     (c) Require any financial institution or other entity receiving funding for credit enhancements to:

     (i) Provide books, accounts, and other records in such a form and manner as the department may require;

     (ii) Provide an estimate of projected loan losses; and

     (iii) Provide the financial institution's plan to manage loan loss risks, including the rationale for sizing a loan loss reserve and the use of other credit enhancements, as applicable.

[2009 c 379 § 205.]

Notes:

     Finding -- Intent -- Effective date -- 2009 c 379: See notes following RCW 70.260.010.



43.330.330
Funding energy efficiency improvements — Risk reduction mechanisms — Legislative intent.

(1) The legislature finds that the creation and use of risk reduction mechanisms will promote greater involvement of local financial institutions and other financing mechanisms in funding energy efficiency improvements and will achieve greater leverage of state and federal dollars. Risk reduction mechanisms will allow financial institutions to lend to a broader pool of applicants on more attractive terms, such as potentially lower rates and longer loan terms. Placing a portion of funds in long-term risk reduction mechanisms will support a sustained level of energy efficiency investment by financial institutions while providing funding to projects quickly.

     (2) It is the intent of the legislature to leverage new federal funding aimed at promoting energy efficiency projects, improving energy efficiency, and increasing family-wage jobs. To this end, the legislature intends to invest a portion of all federal funding, subject to federal requirements, for energy efficiency projects in financial mechanisms that will provide for maximum leverage of financing.

[2009 c 379 § 206.]

Notes:

     Finding--Intent--Effective date -- 2009 c 379: See notes following RCW 70.260.010.



43.330.340
Appliance efficiency rebate program.

The department may create an appliance efficiency rebate program with available funds from the energy efficient appliances rebate program authorized under the federal energy policy act of 2005 (P.L. 109-58).

[2009 c 379 § 207.]

Notes:

     Finding -- Intent -- Effective date -- 2009 c 379: See notes following RCW 70.260.010.



43.330.350
Use of moneys by local municipalities to leverage financing for energy efficiency projects.

(1) Local municipalities receiving federal stimulus moneys through the federal energy efficiency and conservation block grant program or state energy program are authorized to use those funds, subject to federal requirements, to establish loan loss reserves or toward risk reduction mechanisms, such as loan loss reserves, to leverage financing for energy efficiency projects.

     (2) Interest rate subsidies, financing transaction cost subsidies, capital grants to energy users, and other forms of grants and incentives that support financing energy efficiency projects are authorized uses of federal energy efficiency funding.

     (3) Financing mechanisms offered by local municipalities under this section must conform to all applicable state and federal rules and regulations.

[2009 c 379 § 208.]

Notes:

     Finding--Intent--Effective date -- 2009 c 379: See notes following RCW 70.260.010.



43.330.360
Findings — Involvement of state bond authorities in financing energy efficiency projects.

(1) The legislature finds that the state bond authorities have capacities that can be applied to financing energy efficiency projects for their respective eligible borrowers: Washington economic development finance authority for industry; Washington state housing finance commission for single-family and multifamily housing, commercial properties, agricultural properties, and nonprofit facilities; Washington higher education facilities authority for private, nonprofit higher education; and Washington health care facilities authority for hospitals and all types of health clinics.

     (2)(a) Subject to federal requirements, the state bond authorities may accept and administer an allocation of the state's share of the federal energy efficiency funding for designing energy efficiency finance loan products and for developing and operating energy efficiency finance programs. The state bond authorities shall coordinate with the department on the design of the bond authorities' program.

     (b) The department may make allocations of the federal funding to the state bond authorities and may direct and administer funding for outreach, marketing, and delivery of energy services to support the programs by the state bond authorities.

     (c) The legislature authorizes a portion of the federal energy efficiency funds to be used by the state bond authorities for credit enhancements and reserves for such programs.

     (3) The Washington state housing finance commission may:

     (a) Issue revenue bonds as the term "bond" is defined in RCW 43.180.020 for the purpose of financing loans for energy efficiency and renewable energy improvement projects in accordance with RCW 43.180.150;

     (b) Establish eligibility criteria for financing that will enable it to choose applicants who are likely to repay loans made or acquired by the commission and funded from the proceeds of federal funds or commission bonds; and

     (c) Participate fully in federal and other governmental programs and take such actions as are necessary and consistent with chapter 43.180 RCW to secure to itself and the people of the state the benefits of programs to promote energy efficiency and renewable energy technologies.

[2009 c 379 § 209.]

Notes:

     Finding -- Intent -- Effective date -- 2009 c 379: See notes following RCW 70.260.010.



43.330.370
Evergreen jobs initiative.

The Washington state evergreen jobs initiative is established as a comprehensive green economy jobs growth initiative with the goals of:

     (1) Creating fifteen thousand new green economy jobs by 2020, with a target of thirty percent of those jobs going to veterans, members of the national guard, and low-income and disadvantaged populations;

     (2) Capturing and deploying federal funds in a focused, effective, and coordinated manner;

     (3) Preparing the state's workforce to take full advantage of green economy job opportunities and to meet the recruitment and training needs of industry and small businesses;

     (4) Attracting private sector investment that will create new and expand existing jobs, with an emphasis on services and products that have a high economic or environmental impact and can be exported domestically and internationally;

     (5) Making Washington state a net exporter of green industry products and services, with special attention to renewable energy technology and components;

     (6) Empowering local agencies and organizations to recruit green economy businesses and jobs into the state by providing state support and assistance;

     (7) Capitalizing on existing partnership agreements in the Washington works plan and the Washington workforce compact; and

     (8) Operating in concert with the fourteen guiding principles identified by the department in its Washington state's green economy strategic framework.

[2009 c 536 § 2.]

Notes:

     Short title -- 2009 c 536: "This act may be known and cited as the evergreen jobs act." [2009 c 536 § 15.]



43.330.375
Evergreen jobs efforts — Coordination and support — Identification of technologies, barriers, and strategies — Outreach efforts — Performance reports.

(1) The department and the workforce board must:

     (a) Coordinate efforts across the state to ensure that federal training and education funds are captured and deployed in a focused and effective manner in order to support green economy projects and accomplish the goals of the evergreen jobs initiative;

     (b) Accelerate and coordinate efforts by state and local organizations to identify, apply for, and secure all sources of funds, particularly those created by the 2009 American recovery and reinvestment act, and to ensure that distributions of funding to local organizations are allocated in a manner that is time-efficient and user-friendly for the local organizations. Local organizations eligible to receive support include but are not limited to:

     (i) Associate development organizations;

     (ii) Workforce development councils;

     (iii) Public utility districts; and

     (iv) Community action agencies;

     (c) Support green economy projects at both the state and local level by developing a process and a framework to provide, at a minimum:

     (i) Administrative and technical assistance;

     (ii) Assistance with and expediting of permit processes; and

     (iii) Priority consideration of opportunities leading to exportable green economy goods and services, including renewable energy technology;

     (d) Coordinate local and state implementation of projects using federal funds to ensure implementation is time-efficient and user-friendly for local organizations;

     (e) Emphasize through both support and outreach efforts, projects that:

     (i) Have a strong and lasting economic or environmental impact;

     (ii) Lead to a domestically or internationally exportable good or service, including renewable energy technology;

     (iii) Create training programs leading to a credential, certificate, or degree in a green economy field;

     (iv) Strengthen the state's competitiveness in a particular sector or cluster of the green economy;

     (v) Create employment opportunities for veterans, members of the national guard, and low-income and disadvantaged populations;

     (vi) Comply with prevailing wage provisions of chapter 39.12 RCW;

     (vii) Ensure at least fifteen percent of labor hours are performed by apprentices;

     (f) Identify emerging technologies and innovations that are likely to contribute to advancements in the green economy, including the activities in designated innovation partnership zones established in RCW 43.330.270;

     (g) Identify barriers to the growth of green jobs in traditional industries such as the forest products industry;

     (h) Identify statewide performance metrics for projects receiving agency assistance. Such metrics may include:

     (i) The number of new green jobs created each year, their wage levels, and, to the extent determinable, the percentage of new green jobs filled by veterans, members of the national guard, and low-income and disadvantaged populations;

     (ii) The total amount of new federal funding secured, the respective amounts allocated to the state and local levels, and the timeliness of deployment of new funding by state agencies to the local level;

     (iii) The timeliness of state deployment of funds and support to local organizations; and

     (iv) If available, the completion rates, time to completion, and training-related placement rates for green economy postsecondary training programs;

     (i) Identify strategies to allocate existing and new funding streams for green economy workforce training programs and education to emphasize those leading to a credential, certificate, or degree in a green economy field;

     (j) Identify and implement strategies to allocate existing and new funding streams for workforce development councils and associate development organizations to increase their effectiveness and efficiency and increase local capacity to respond rapidly and comprehensively to opportunities to attract green jobs to local communities;

     (k) Develop targeting criteria for existing investments that are consistent with the economic development commission's economic development strategy and the goals of this section and RCW 28C.18.170, 28B.50.281, and 49.04.200; and

     (l) Make and support outreach efforts so that residents of Washington, particularly members of target populations, become aware of educational and employment opportunities identified and funded through the evergreen jobs act.

     (2) The department and the workforce board must provide semiannual performance reports to the governor and appropriate committees of the legislature on:

     (a) Actual statewide performance based on the performance measures identified in subsection (1)(h) of this section;

     (b) How the state is emphasizing and supporting projects that lead to a domestically or internationally exportable good or service, including renewable energy technology;

     (c) A list of projects supported, created, or funded in furtherance of the goals of the evergreen jobs initiative and the actions taken by state and local organizations, including the effectiveness of state agency support provided to local organizations as directed in subsection (1)(b) and (c) of this section;

     (d) Recommendations for new or expanded financial incentives and comprehensive strategies to:

     (i) Recruit, retain, and expand green economy industries and small businesses; and

     (ii) Stimulate research and development of green technology and innovation, which may include designating innovation partnership zones linked to the green economy;

     (e) Any information that associate development organizations and workforce development councils choose to provide to appropriate legislative committees regarding the effectiveness, timeliness, and coordination of support provided by state agencies under this section and RCW 28C.18.170, 28B.50.281, and 49.04.200; and

     (f) Any recommended statutory changes necessary to increase the effectiveness of the evergreen jobs initiative and state responsiveness to local agencies and organizations.

     (3) The definitions, designations, and results of the employment security department's broader labor market research under RCW 43.330.010 shall inform the planning and strategic direction of the department, the state workforce training and education coordinating board, the state board for community and technical colleges, and the student achievement council.

[2012 c 229 § 591; 2010 c 187 § 3; 2009 c 536 § 4.]

Notes:

     Effective date -- 2012 c 229 §§ 101, 117, 401, 402, 501 through 594, 601 through 609, 701 through 708, 801 through 821, 902, and 904: See note following RCW 28B.77.005.

     Findings -- 2010 c 187: See note following RCW 43.330.310.

     Short title -- 2009 c 536: See note following RCW 43.330.370.



43.330.400
Broadband mapping account — Federal broadband data improvement act funding — Coordination of broadband mapping activities.

(1) The broadband mapping account is established in the custody of the state treasurer. The department shall deposit into the account such funds received from legislative appropriation, federal funding, and donated funds from private and public sources. Expenditures from the account may be used only for the purposes of RCW 43.330.403 through 43.330.409. Only the director of the department or the director's designee may authorize expenditures from the account. The account is subject to the allotment procedures under chapter 43.88 RCW, but an appropriation is not required for expenditures.

     (2) The department is the single eligible entity in the state for purposes of the federal broadband mapping activities.

     (3) Federal funding received by the department for broadband mapping activities must be used in accordance with any federal requirements and, subject to those requirements, may be distributed by the department on a competitive basis to other entities in the state.

     (4) The department shall consult with the office of financial management and the utilities and transportation commission in coordinating broadband mapping activities. In carrying out any broadband mapping activities, the provisions of P.L. 110-385, Title I, regarding trade secrets, commercial or financial information, and privileged or confidential information submitted by the federal communications commission or a broadband provider are deemed to encompass the consulted agencies.

[2011 1st sp.s. c 43 § 603; 2009 c 509 § 2. Formerly RCW 43.105.370.]

Notes:

     Effective date -- Purpose -- 2011 1st sp.s. c 43: See notes following RCW 43.19.003.

     Findings -- Intent -- Purpose -- 2009 c 509: "(1) The legislature finds that the deployment and adoption of high-speed internet services and technology advancements enhance economic development and public safety for the state's communities. Such deployment also offers improved health care, access to consumer and legal services, increased educational and civic participation opportunities, and a better quality of life for the state's residents. The legislature further finds that improvements in the deployment and adoption of high-speed internet services and the strategic inclusion of technology advancements and technology education are critical to ensuring that Washington remains competitive and continues to provide a skilled workforce, attract businesses, and stimulate job growth.

     (2) The legislature intends to support strategic partnerships of public, private, nonprofit, and community-based sectors in the continued growth and development of high-speed internet services and information technology. The legislature further intends to ensure that all Washington citizens, businesses, schools, and organizations are able to obtain and utilize broadband fully, regardless of location, economic status, literacy level, age, disability, structure, or size. In addition, the legislature intends that a statewide assessment of the availability, location, service levels, and other characteristics of high-speed internet services and other advanced telecommunications services in the state be conducted.

     (3) In recognition of the importance of broadband deployment and adoption to the economy, health, safety, and welfare of the people of Washington, it is the purpose of this act to make high-speed internet service more readily available throughout the state, especially in areas and for populations with a low utilization rate." [2009 c 509 § 1.]

     Effective date -- 2009 c 509: "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 July 1, 2009." [2009 c 509 § 16.]



43.330.403
Reporting availability of high-speed internet — Survey of high-speed internet infrastructure owned or leased by state agencies — Geographic information system map — Rules.

(1) Subject to the availability of federal or state funding, the department may:

     (a) Develop an interactive web site to allow residents to self-report whether high-speed internet is available at their home or residence and at what speed; and

     (b) Conduct a detailed survey of all high-speed internet infrastructure owned or leased by state agencies and create a geographic information system map of all high-speed internet infrastructure owned or leased by the state.

     (2) State agencies responding to a survey request from the department under subsection (1)(b) of this section shall respond in a reasonable and timely manner, not to exceed one hundred twenty days. The department shall request of state agencies, at a minimum:

     (a) The total bandwidth of high-speed internet infrastructure owned or leased;

     (b) The cost of maintaining that high-speed internet infrastructure, if owned, or the price paid for the high-speed internet infrastructure, if leased; and

     (c) The leasing entity, if applicable.

     (3) The department may adopt rules as necessary to carry out the provisions of this section.

     (4) For purposes of this section, "state agency" includes every state office, department, division, bureau, board, commission, or other state agency.

[2011 1st sp.s. c 43 § 604; 2009 c 509 § 3. Formerly RCW 43.105.372.]

Notes:

     Effective date -- Purpose -- 2011 1st sp.s. c 43: See notes following RCW 43.19.003.

     Findings -- Intent -- Purpose -- Effective date -- 2009 c 509: See notes following RCW 43.330.400.



43.330.406
Procurement of geographic information system map — Accountability and oversight structure — Application of public records act.

(1) The department is authorized, through a competitive bidding process, to procure on behalf of the state a geographic information system map detailing high-speed internet infrastructure, service availability, and adoption. This geographic information system map may include adoption information, availability information, type of high-speed internet deployment technology, and available speed tiers for high-speed internet based on any publicly available data.

     (2) The department may procure this map either by:

     (a) Contracting for and purchasing a completed map or updates to a map from a third party; or

     (b) Working directly with the federal communications commission to accept publicly available data.

     (3) The department shall establish an accountability and oversight structure to ensure that there is transparency in the bidding and contracting process and full financial and technical accountability for any information or actions taken by a third-party contractor creating this map.

     (4) In contracting for purchase of the map or updates to a map in subsection (2)(a) of this section, the department may take no action, nor impose any condition on the third party, that causes any record submitted by a public or private broadband service provider to the third party to meet the standard of a public record as defined in RCW 42.56.010. This prohibition does not apply to any records delivered to the department by the third party as a component of the map. For the purpose of RCW 42.56.010(3), the purchase by the department of a completed map or updates to a map may not be deemed use or ownership by the department of the underlying information used by the third party to complete the map.

     (5) Data or information that is publicly available as of July 1, 2009, will not cease to be publicly available due to any provision of chapter 509, Laws of 2009.

[2011 1st sp.s. c 43 § 605; 2009 c 509 § 4. Formerly RCW 43.105.374.]

Notes:

     Effective date -- Purpose -- 2011 1st sp.s. c 43: See notes following RCW 43.19.003.

     Findings -- Intent -- Purpose -- Effective date -- 2009 c 509: See notes following RCW 43.330.400.



43.330.409
Broadband mapping, deployment, and adoption — Reports.

(1) The department, in coordination with the utilities and transportation commission, and such advisors as the department chooses, may prepare regular reports that identify the following:

     (a) The geographic areas of greatest priority for the deployment of advanced telecommunications infrastructure in the state;

     (b) A detailed explanation of how any amount of funding received from the federal government for the purposes of broadband mapping, deployment, and adoption will be or have been used; and

     (c) A determination of how nonfederal sources may be utilized to achieve the purposes of broadband mapping, deployment, and adoption activities in the state.

     (2) To the greatest extent possible, the initial report should be based upon the information identified in the geographic system maps developed under the requirements of this chapter.

     (3) The initial report should be delivered to the appropriate committees of the legislature as soon as feasible, but no later than January 18, 2010.

     (4) Any future reports prepared by the department based upon the requirements of subsection (1) of this section should be delivered to the appropriate committees of the legislature by January 15th of each year.

[2011 1st sp.s. c 43 § 606; 2009 c 509 § 5. Formerly RCW 43.105.376.]

Notes:

     Effective date -- Purpose -- 2011 1st sp.s. c 43: See notes following RCW 43.19.003.

     Findings -- Intent -- Purpose -- Effective date -- 2009 c 509: See notes following RCW 43.330.400.



43.330.412
Community technology opportunity program — Administration — Grant program.

The community technology opportunity program is created to support the efforts of community technology programs throughout the state. The community technology opportunity program must be administered by the department. The department may contract for services in order to carry out the department's obligations under this section.

     (1) In implementing the community technology opportunity program the director must, to the extent funds are appropriated for this purpose:

     (a) Provide organizational and capacity building support to community technology programs throughout the state, and identify and facilitate the availability of other public and private sources of funds to enhance the purposes of the program and the work of community technology programs. No more than fifteen percent of funds received by the director for the program may be expended on these functions;

     (b) Establish a competitive grant program and provide grants to community technology programs to provide training and skill-building opportunities; access to hardware and software; internet connectivity; digital media literacy; assistance in the adoption of information and communication technologies in low-income and underserved areas of the state; and development of locally relevant content and delivery of vital services through technology.

     (2) Grant applicants must:

     (a) Provide evidence that the applicant is a nonprofit entity or a public entity that is working in partnership with a nonprofit entity;

     (b) Define the geographic area or population to be served;

     (c) Include in the application the results of a needs assessment addressing, in the geographic area or among the population to be served: The impact of inadequacies in technology access or knowledge, barriers faced, and services needed;

     (d) Explain in detail the strategy for addressing the needs identified and an implementation plan including objectives, tasks, and benchmarks for the applicant and the role that other organizations will play in assisting the applicant's efforts;

     (e) Provide evidence of matching funds and resources, which are equivalent to at least one-quarter of the grant amount committed to the applicant's strategy;

     (f) Provide evidence that funds applied for, if received, will be used to provide effective delivery of community technology services in alignment with the goals of this program and to increase the applicant's level of effort beyond the current level; and

     (g) Comply with such other requirements as the director establishes.

     (3) The director may use no more than ten percent of funds received for the community technology opportunity program to cover administrative expenses.

     (4) The director must establish expected program outcomes for each grant recipient and must require grant recipients to provide an annual accounting of program outcomes.

[2011 1st sp.s. c 43 § 607; 2009 c 509 § 6; 2008 c 262 § 6. Formerly RCW 43.105.380, 28B.32.010.]

Notes:

     Effective date -- Purpose -- 2011 1st sp.s. c 43: See notes following RCW 43.19.003.

     Findings -- Intent -- Purpose -- Effective date -- 2009 c 509: See notes following RCW 43.330.400.



43.330.415
Washington community technology opportunity account.

The Washington community technology opportunity account is established in the state treasury. The governor or the governor's designee and the director or the director's designee shall deposit into the account federal grants to the state, legislative appropriations, and donated funds from private and public sources for purposes related to broadband deployment and adoption, including matching funds required by *the act. Donated funds from private and public sources may be deposited into the account. Expenditures from the account may be used only as matching funds for federal and other grants to fund the operation of the community technology opportunity program under this chapter, and to fund other broadband-related activities authorized in chapter 509, Laws of 2009. Only the director or the director's designee may authorize expenditures from the account.

[2011 1st sp.s. c 43 § 608; 2009 c 509 § 8; 2008 c 262 § 8. Formerly RCW 43.105.382, 28B.32.030.]

Notes:

     *Reviser's note: "The act" refers to the American recovery and reinvestment act of 2009. The reference to that act was removed by 2011 1st sp.s. c 43 § 608.

     Effective date -- Purpose -- 2011 1st sp.s. c 43: See notes following RCW 43.19.003.

     Findings -- Intent -- Purpose -- Effective date -- 2009 c 509: See notes following RCW 43.330.400.



43.330.418
Broadband deployment and adoption — Governor's actions — Oversight and implementation by the department.

(1) The governor may take all appropriate steps to seek federal funding in order to maximize investment in broadband deployment and adoption in the state of Washington. Such steps may include the designation of a broadband deployment and adoption coordinator; review and prioritization of grant applications by public and private entities as directed by the national telecommunications and information administration, the rural utility services, and the federal communications commission; disbursement of block grant funding; and direction to state agencies to provide staffing as necessary to carry out this section. The authority for overseeing broadband adoption and deployment efforts on behalf of the state is vested in the department.

     (2) The department may apply for federal funds and other grants or donations, may deposit such funds in the Washington community technology opportunity account created in RCW 43.330.415, may oversee implementation of federally funded or mandated broadband programs for the state and may adopt rules to administer the programs. These programs may include but are not limited to the following:

     (a) Engaging in periodic statewide surveys of residents, businesses, and nonprofit organizations concerning their use and adoption of high-speed internet, computer, and related information technology for the purpose of identifying barriers to adoption;

     (b) Working with communities to identify barriers to the adoption of broadband service and related information technology services by individuals, nonprofit organizations, and businesses;

     (c) Identifying broadband demand opportunities in communities by working cooperatively with local organizations, government agencies, and businesses;

     (d) Creating, implementing, and administering programs to improve computer ownership, technology literacy, digital media literacy, and high-speed internet access for populations not currently served or underserved in the state. This may include programs to provide low-income families, community-based nonprofit organizations, nonprofit entities, and public entities that work in partnership with nonprofit entities to provide increased access to computers and broadband, with reduced cost internet access;

     (e) Administering the community technology opportunity program under RCW 43.330.412 and 43.330.415;

     (f) Creating additional programs to spur the development of high-speed internet resources in the state;

     (g) Establishing technology literacy and digital inclusion programs and establishing low-cost hardware, software, and internet purchasing programs that may include allowing participation by community technology programs in state purchasing programs; and

     (h) Developing technology loan programs targeting small businesses or businesses located in unserved and underserved areas.

[2011 1st sp.s. c 43 § 609; 2009 c 509 § 9. Formerly RCW 43.105.390.]

Notes:

     Effective date -- Purpose -- 2011 1st sp.s. c 43: See notes following RCW 43.19.003.

     Findings -- Intent -- Purpose -- Effective date -- 2009 c 509: See notes following RCW 43.330.400.



43.330.421
Advisory group on digital inclusion and technology planning.

Subject to the availability of federal or state funding, the department may convene an advisory group on digital inclusion and technology planning. The advisory group may include, but is not limited to, volunteer representatives from community technology organizations, telecommunications providers, higher education institutions, K-12 education institutions, public health institutions, public housing entities, and local government and other governmental entities that are engaged in community technology activities.

[2011 1st sp.s. c 43 § 610; 2009 c 509 § 10. Formerly RCW 43.105.400.]

Notes:

     Effective date -- Purpose -- 2011 1st sp.s. c 43: See notes following RCW 43.19.003.

     Findings -- Intent -- Purpose -- Effective date -- 2009 c 509: See notes following RCW 43.330.400.



43.330.430
Developmental disabilities endowment — Definitions.

The definitions in this section apply throughout *RCW 43.330.200 through 43.330.230.

     (1) "Developmental disability" has the meaning in **RCW 71A.10.020(3).

     (2) "Developmental disabilities endowment trust fund" means the fund established in the custody of the state treasurer in *RCW 43.330.200, comprised of private, public, or private and public sources, to finance services for persons with developmental disabilities. All moneys in the fund, all property and rights purchased from the fund, and all income attributable to the fund, shall be held in trust by the state investment board, as provided in RCW 43.33A.030, for the exclusive benefit of fund beneficiaries. The principal and interest of the endowment fund must be maintained until such time as the governing board policy specifies except for the costs and expenses of the state treasurer and the state investment board otherwise provided for in chapter 120, Laws of 2000.

     (3) "Governing board" means the developmental disabilities endowment governing board in *RCW 43.330.205.

     (4) "Individual trust account" means accounts established within the endowment trust fund for each individual named beneficiary for the benefit of whom contributions have been made to the fund. The money in each of the individual accounts is held in trust as provided for in subsection (2) of this section, and shall not be considered state funds or revenues of the state. The governing board serves as administrator, manager, and recordkeeper for the individual trust accounts for the benefit of the individual beneficiaries. The policies governing the disbursements, and the qualifying services for the trust accounts, shall be established by the governing board. Individual trust accounts are separate accounts within the developmental disabilities endowment trust fund, and are invested for the beneficiaries through the endowment trust fund.

[2000 c 120 § 2. Formerly RCW 43.70.730, 43.330.195.]

Notes:

     Reviser's note: *(1) RCW 43.330.200 through 43.330.230 were recodified as RCW 43.70.731 through 43.70.736, respectively, pursuant to 2010 c 271 § 203. RCW 43.70.731 through 43.70.736 were subsequently recodified as RCW 43.330.431 through 43.330.436, respectively, pursuant to 2012 c 197 § 4.

     **(2) RCW 71A.10.020 was amended by 2011 1st sp.s. c 30 § 3, changing subsection (3) to subsection (4).



43.330.431
Developmental disabilities endowment — Trust fund.

(1) The developmental disabilities endowment trust fund is created in the custody of the state treasurer. Expenditures from the fund may be used only for the purposes of the developmental disabilities endowment established under this chapter, except for expenses of the state investment board and the state treasurer as specified in subsection (2) of this section. Only the developmental disabilities endowment governing board or the board's designee may authorize expenditures from the fund. The fund shall retain its interest earnings in accordance with RCW 43.79A.040.

     (2) The developmental disabilities endowment governing board shall deposit in the fund all money received for the program, including state appropriations and private contributions. With the exception of investment and operating costs associated with the investment of money by the investment board paid under RCW 43.33A.160 and 43.84.160 and the expenses and operating costs of the state treasurer paid under RCW 43.08.190 and 43.79A.040, the fund shall be credited with all investment income earned by the fund. Disbursements from the fund are exempt from appropriations and the allotment provisions of chapter 43.88 RCW. However, money used for program administration by the department or the governing board is subject to the allotment and budgetary controls of chapter 43.88 RCW, and an appropriation is required for these expenditures.

[2000 c 120 § 3; 1999 c 384 § 2. Formerly RCW 43.70.731, 43.330.200.]

Notes:

     Intent -- 1999 c 384: "The legislature recognizes that the main and most enduring support for persons with developmental disabilities, along with public resources, is their immediate and extended families. The legislature recognizes that these families are searching for ways to provide for the long-term continuing care of their disabled family member when the family can no longer provide that care. It is the intent of the legislature to encourage and assist families to engage in long-range financial planning and to contribute to the lifetime care of their disabled family member. To further these objectives, this chapter is enacted to finance lifetime services and supports for persons with developmental disabilities through an endowment funded jointly by the investment of public funds and dedicated family contributions.

     The establishment of this endowment is not intended to diminish the state's responsibility for funding services currently available to future endowment participants, subject to available funding, nor is it the intent of the legislature, by the creation of this public/private endowment, to impose additional, unintended financial liabilities on the public." [2000 c 120 § 1; 1999 c 384 § 1.]

     Captions not law -- 1999 c 384: "Captions used in this chapter are not any part of the law." [1999 c 384 § 9.]



43.330.432
Developmental disabilities endowment — Authority of state investment board — Authority of governing board.

(1) The state investment board has the full power to invest, reinvest, manage, contract, sell, or exchange investment money in the developmental disabilities endowment trust fund. All investment and operating costs associated with the investment of money shall be paid under RCW 43.33A.160 and 43.84.160. With the exception of these expenses, the earnings from the investment of the money shall be retained by the fund.

     (2) All investments made by the state investment board shall be made with the exercise of that degree of judgment and care under RCW 43.33A.140 and the investment policy established by the state investment board.

     (3) As deemed appropriate by the investment board, money in the fund may be commingled for investment with other funds subject to investment by the board.

     (4) The authority to establish all policies relating to the fund, other than the investment policies as set forth in subsections (1) through (3) of this section, resides with the governing board acting in accordance with the principles set forth in *RCW 43.330.220. With the exception of expenses of the state treasurer in *RCW 43.330.200 and the investment board set forth in subsection (1) of this section, disbursements from the fund shall be made only on the authorization of the governing board or the board's designee, and money in the fund may be spent only for the purposes of the developmental disabilities endowment program as specified in this chapter.

     (5) The investment board shall routinely consult and communicate with the governing board on the investment policy, earnings of the trust, and related needs of the program.

[2000 c 120 § 4. Formerly RCW 43.70.732, 43.330.205.]

Notes:

     *Reviser's note: RCW 43.330.220 and 43.330.200 were recodified as RCW 43.70.734 and 43.70.731, respectively, pursuant to 2010 c 271 § 203. RCW 43.70.734 and 43.70.731 were subsequently recodified as RCW 43.330.434 and 43.330.431, respectively, pursuant to 2012 c 197 § 4.



43.330.433
Developmental disabilities endowment — Governing board — Liability of governing board and state investment board.

The developmental disabilities endowment governing board is established to design and administer the developmental disabilities endowment. To the extent funds are appropriated for this purpose, the director of the department shall provide staff and administrative support to the governing board.

     (1) The governing board shall consist of seven members as follows:

     (a) Three of the members, who shall be appointed by the governor, shall be persons who have demonstrated expertise and leadership in areas such as finance, actuarial science, management, business, or public policy.

     (b) Three members of the board, who shall be appointed by the governor, shall be persons who have demonstrated expertise and leadership in areas such as business, developmental disabilities service design, management, or public policy, and shall be family members of persons with developmental disabilities.

     (c) The seventh member of the board, who shall serve as chair of the board, shall be appointed by the remaining six members of the board.

     (2) Members of the board shall serve terms of four years and may be appointed for successive terms of four years at the discretion of the appointing authority. However, the governor may stagger the terms of the initial six members of the board so that approximately one-fourth of the members' terms expire each year.

     (3) Members of the board shall be compensated for their service under RCW 43.03.240 and shall be reimbursed for travel expenses as provided in RCW 43.03.050 and 43.03.060.

     (4) The board shall meet periodically as specified by the call of the chair, or a majority of the board.

     (5) Members of the governing board and the state investment board shall not be considered an insurer of the funds or assets of the endowment trust fund or the individual trust accounts. Neither of these two boards or their members shall be liable for the action or inaction of the other.

     (6) Members of the governing board and the state investment board are not liable to the state, to the fund, or to any other person as a result of their activities as members, whether ministerial or discretionary, except for willful dishonesty or intentional violations of law. The department and the state investment board, respectively, may purchase liability insurance for members.

[2012 c 197 § 1; 2010 c 271 § 201; 2009 c 565 § 11; 2000 c 120 § 5; 1999 c 384 § 4. Formerly RCW 43.70.733, 43.330.210.]

Notes:

     Purpose -- Effective date -- 2010 c 271: See notes following RCW 43.330.005.

     Intent -- Captions not law -- 1999 c 384: See notes following RCW 43.330.431.



43.330.434
Developmental disabilities endowment — Endowment principles.

The design, implementation, and administration of the developmental disabilities endowment shall be governed by the following principles:

     (1) The design and operation of the endowment should reward families who set aside resources for their child's future care and provide incentives for continued caregiving by the family.

     (2) The endowment should encourage financial planning and reward caregiving by a broad range of families, not just those who have substantial financial resources.

     (3) Families should not feel compelled to contribute to the endowment in order to meet the needs of continuing care for their child.

     (4) All families should have equal access to developmental disabilities services not funded through the endowment regardless of whether they contribute to the endowment.

     (5) Services funded through the endowment should be stable, ongoing, of reasonable quality, and respectful of individual and family preferences.

     (6) Endowment resources should be expended economically in order to benefit as many families as possible.

     (7) Endowment resources should be managed prudently so that families can be confident that their agreement with the endowment on behalf of their child will be honored.

     (8) The private financial contribution on behalf of each person receiving services from the endowment shall be at least equal to the state's contribution to the endowment.

     (9) In order to be matched with funding from the state's contribution to the endowment, the private contribution on behalf of a beneficiary must be sufficient to support the beneficiary's approved service plan for a significant portion of the beneficiary's anticipated remaining lifetime.

     (10) The rate that state appropriations to the endowment are used to match private contributions shall be such that each legislative appropriation to the developmental disabilities endowment trust fund, including principal and investment income, is not depleted in a period of less than five years.

     (11) Private contributions made on behalf of a particular individual, and the associated state match, shall only be used for services provided upon that person's behalf.

     (12) State funds contributed to the developmental disabilities endowment trust fund are to support the individual trust accounts established by individual private contributions made by families or other interested persons for named individual beneficiaries.

     (13) The governing board shall explore methods to solicit private donations. The governing board shall explore mechanisms to support individuals with developmental disabilities who do not have individual private contributions made on their behalf. The governing board shall establish policies for the use of any private donations.

     (14) Types of services funded by money managed through the developmental disabilities endowment trust fund shall be approved by the governing board or its designee.

[2000 c 120 § 6; 1999 c 384 § 5. Formerly RCW 43.70.734, 43.330.220.]

Notes:

     Intent -- Captions not law -- 1999 c 384: See notes following RCW 43.330.431.



43.330.435
Developmental disabilities endowment — Development of operating plan — Elements.

To the extent funds are appropriated for this purpose, the governing board shall contract with an appropriate organization for the development of a proposed operating plan for the developmental disabilities endowment program. The proposed operating plan shall be consistent with the endowment principles specified in *RCW 43.330.220. The plan shall address at least the following elements:

     (1) The recommended types of services to be available through the endowment program and their projected average costs per beneficiary;

     (2) An assessment of the number of people likely to apply for participation in the endowment under alternative rates of matching funds, minimum service year requirements, and contribution timing approaches;

     (3) An actuarial analysis of the number of disabled beneficiaries who are likely to be supported under alternative levels of public contribution to the endowment, and the length of time the beneficiaries are likely to be served, under alternative rates of matching funds, minimum service year requirements, and contribution timing approaches;

     (4) Recommended eligibility criteria for participation in the endowment program;

     (5) Recommended policies regarding withdrawal of private contributions from the endowment in cases of movement out of state, death of the beneficiary, or other circumstances;

     (6) Recommended matching rate of public and private contributions and, for each beneficiary, the maximum annual and lifetime amount of private contributions eligible for public matching funds;

     (7) The recommended minimum years of service on behalf of a beneficiary that must be supported by private contributions in order for the contributions to qualify for public matching funds from the endowment;

     (8) The recommended schedule according to which lump sum or periodic private contributions should be made to the endowment in order to qualify for public matching funds;

     (9) A recommended program for educating families about the endowment, and about planning for their child's long-term future; and

     (10) Recommended criteria and procedure for selecting an organization or organizations to administer the developmental disabilities endowment program, and projected administrative costs.

[2000 c 120 § 7. Formerly RCW 43.70.735, 43.330.225.]

Notes:

     *Reviser's note: RCW 43.330.220 was recodified as RCW 43.70.734 pursuant to 2010 c 271 § 203. RCW 43.70.734 was subsequently recodified as RCW 43.330.434 pursuant to 2012 c 197 § 4.



43.330.436
Developmental disabilities endowment — Program implementation and administration.

Based on the proposed operating plan under *RCW 43.330.225, and to the extent funds are appropriated for this purpose, the developmental disabilities endowment governing board shall implement and administer, or contract for the administration of, the developmental disabilities endowment program under the principles specified in *RCW 43.330.220. By December 1, 2000, and prior to implementation, the final program design shall be submitted to the appropriate committees of the legislature.

     The secretary of the department of social and health services shall seek to maximize federal reimbursement and matching funds for expenditures made under the endowment program, and shall seek waivers from federal requirements as necessary for the receipt of federal funds.

     The governing board may receive gifts, grants, and endowments from public or private sources as may be made from time to time, in trust or otherwise, for the use and benefit of the purposes of the endowment program and may expend the gifts, grants, and endowments according to their terms.

[2000 c 120 § 8; 1999 c 384 § 7. Formerly RCW 43.70.736, 43.330.230.]

Notes:

     *Reviser's note: RCW 43.330.225 and 43.330.220 were recodified as RCW 43.70.735 and 43.70.734, respectively, pursuant to 2010 c 271 § 203. RCW 43.70.735 and 43.70.734 were subsequently recodified as RCW 43.330.435 and 43.330.434, respectively, pursuant to 2012 c 197 § 4.

     Intent -- Captions not law -- 1999 c 384: See notes following RCW 43.330.431.



43.330.437
Developmental disabilities endowment — Rules.

The department shall adopt rules for the implementation of policies established by the governing board in *RCW 43.70.731 through 43.70.736. Such rules will be consistent with those statutes and chapter 34.05 RCW.

[2010 c 271 § 202; 2009 c 565 § 12; 2000 c 120 § 9. Formerly RCW 43.70.737, 43.330.240.]

Notes:

     *Reviser's note: RCW 43.70.731 through 43.70.736 were recodified as RCW 43.330.431 through 43.330.436, respectively, pursuant to 2012 c 197 § 4.

     Purpose -- Effective date -- 2010 c 271: See notes following RCW 43.330.005.



43.330.900
References to director and department.

All references to the director or department of community, trade, and economic development in the Revised Code of Washington shall be construed to mean the director of commerce or the department of commerce.

[2009 c 565 § 17; 1993 c 280 § 79.]

43.330.901
Captions.

Captions used in this chapter do not constitute part of the law.

[1993 c 280 § 83.]



43.330.902
Effective date — 1993 c 280.

Sections 1 through 7, 9 through 79, 82, and 83 of this act shall take effect March 1, 1994.

[1994 c 5 § 2; 1993 c 280 § 86.]



43.330.9021
Effective date — 1994 c 5.

This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect March 1, 1994.

[1994 c 5 § 3.]



43.330.903
Severability — 1993 c 280.

If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.

[1993 c 280 § 87.]



43.330.904
Transfer of certain state energy office powers, duties, and functions — References to director — Appointment of assistant director.

(1) All powers, duties, and functions of the state energy office relating to energy resource policy and planning and energy facility siting are transferred to the *department of community, trade, and economic development. All references to the director or the state energy office in the Revised Code of Washington shall be construed to mean the director or the *department of community, trade, and economic development when referring to the functions transferred in this section.

     The director shall appoint an assistant director for energy policy, and energy policy staff shall have no additional responsibilities beyond activities concerning energy policy.

     (2)(a) All reports, documents, surveys, books, records, files, papers, or written material in the possession of the state energy office pertaining to the powers, functions, and duties transferred shall be delivered to the custody of the *department of community, trade, and economic development. All cabinets, furniture, office equipment, software, database, motor vehicles, and other tangible property employed by the state energy office in carrying out the powers, functions, and duties transferred shall be made available to the *department of community, trade, and economic development.

     (b) Any appropriations made to the state energy office for carrying out the powers, functions, and duties transferred shall, on July 1, 1996, be transferred and credited to the *department of community, trade, and economic development.

     (c) Whenever any question arises as to the transfer of any funds, books, documents, records, papers, files, software, database, equipment, or other tangible property used or held in the exercise of the powers and the performance of the duties and functions transferred, the director of financial management shall make a determination as to the proper allocation and certify the same to the state agencies concerned.

     (3) All employees of the state energy office engaged in performing the powers, functions, and duties pertaining to the energy facility site evaluation council are transferred to the jurisdiction of the *department of community, trade, and economic development. All employees engaged in energy facility site evaluation council duties classified under chapter 41.06 RCW, the state civil service law, are assigned to the *department of community, trade, and economic development to perform their usual duties upon the same terms as formerly, without any loss of rights, subject to any action that may be appropriate thereafter in accordance with the laws and rules governing state civil service.

     (4) All rules and all pending business before the state energy office pertaining to the powers, functions, and duties transferred shall be continued and acted upon by the *department of community, trade, and economic development. All existing contracts and obligations shall remain in full force and shall be performed by the *department of community, trade, and economic development.

     (5) The transfer of the powers, duties, and functions of the state energy office does not affect the validity of any act performed before July 1, 1996.

     (6) If apportionments of budgeted funds are required because of the transfers directed by this section, the director of the office of financial management shall certify the apportionments to the agencies affected, the state auditor, and the state treasurer. Each of these shall make the appropriate transfer and adjustments in funds and appropriation.

     (7) The *department of community, trade, and economic development shall direct the closure of the financial records of the state energy office.

     (8) Responsibility for implementing energy education, applied research, and technology transfer programs rests with Washington State University. The *department of community, trade, and economic development shall provide Washington State University available existing and future oil overcharge restitution and federal energy block funding for a minimum period of five years to carry out energy programs under an interagency agreement with the *department of community, trade, and economic development. The interagency agreement shall also outline the working relationship between the *department of community, trade, and economic development and Washington State University as it pertains to the relationship between energy policy development and public outreach. Nothing in chapter 186, Laws of 1996 prohibits Washington State University from seeking grant, contract, or fee-for-service funding for energy or related programs directly from other entities.

[1996 c 186 § 101.]

Notes:

     *Reviser's note: The "department of community, trade, and economic development" was renamed the "department of commerce" by 2009 c 565.

     Findings -- Intent -- 1996 c 186: "The legislature finds responsibilities of state government need to be limited to core services in support of public safety and welfare. Services provided by the Washington state energy office are primarily advisory and can be eliminated. The legislature further finds a need to redefine the state's role in energy-related regulatory functions. The state may be better served by allowing regulatory functions to be performed by other appropriate entities, simplifying state government while maintaining core services. Further, it is the intent of the legislature that the state continue to receive oil overcharge restitution funds for our citizens while every effort is being made to maximize federal funds available for energy conservation purposes." [1996 c 186 § 1.]

     Part headings not law -- 1996 c 186: "Part headings used in this act do not constitute part of the law." [1996 c 186 § 602.]

     Effective date -- 1996 c 186: "This act shall take effect July 1, 1996." [1996 c 186 § 603.]



43.330.905
Transfer of powers, duties, and functions pertaining to county public health assistance.

(1) All powers, duties, and functions of the department of commerce pertaining to county public health assistance are transferred to the department of health. All references to the director or the department of commerce in the Revised Code of Washington shall be construed to mean the secretary or the department of health when referring to the functions transferred in this section.

     (2)(a) All reports, documents, surveys, books, records, files, papers, or written material in the possession of the department of commerce pertaining to the powers, functions, and duties transferred shall be delivered to the custody of the department of health. All cabinets, furniture, office equipment, motor vehicles, and other tangible property employed by the department of commerce in carrying out the powers, functions, and duties transferred shall be made available to the department of health. All funds, credits, or other assets held in connection with the powers, functions, and duties transferred shall be assigned to the department of health.

     (b) Any appropriations made to the department of commerce for carrying out the powers, functions, and duties transferred shall, on July 1, 2010, be transferred and credited to the department of health.

     (c) Whenever any question arises as to the transfer of any personnel, funds, books, documents, records, papers, files, equipment, or other tangible property used or held in the exercise of the powers and the performance of the duties and functions transferred, the director of financial management shall make a determination as to the proper allocation and certify the same to the state agencies concerned.

     (3) All employees of the department of commerce engaged in performing the powers, functions, and duties transferred are transferred to the jurisdiction of the department of health. All employees classified under chapter 41.06 RCW, the state civil service law, are assigned to the department of health to perform their usual duties upon the same terms as formerly, without any loss of rights, subject to any action that may be appropriate thereafter in accordance with the laws and rules governing state civil service.

     (4) All rules and all pending business before the department of commerce pertaining to the powers, functions, and duties transferred shall be continued and acted upon by the department of health. All existing contracts and obligations shall remain in full force and shall be performed by the department of health.

     (5) The transfer of the powers, duties, functions, and personnel of the department of commerce shall not affect the validity of any act performed before July 1, 2010.

     (6) If apportionments of budgeted funds are required because of the transfers directed by this section, the director of financial management shall certify the apportionments to the agencies affected, the state auditor, and the state treasurer. Each of these shall make the appropriate transfer and adjustments in funds and appropriation accounts and equipment records in accordance with the certification.

     (7) All classified employees of the department of commerce assigned to the department of health under this section whose positions are within an existing bargaining unit description at the department of health shall become a part of the existing bargaining unit at the department of health and shall be considered an appropriate inclusion or modification of the existing bargaining unit under the provisions of chapter 41.80 RCW.

[2010 c 271 § 102.]

Notes:

     Purpose -- Effective date -- 2010 c 271: See notes following RCW 43.330.005.



43.330.907
Transfer of powers, duties, and functions pertaining to administrative and support services for the building code council.

(1) All powers, duties, and functions of the department of commerce pertaining to administrative and support services for the state building code council are transferred to the *department of general administration. All references to the director or the department of commerce in the Revised Code of Washington shall be construed to mean the director or the *department of general administration when referring to the functions transferred in this section. Policy and planning assistance functions performed by the department of commerce remain with the department of commerce.

     (2)(a) All reports, documents, surveys, books, records, files, papers, or written material in the possession of the department of commerce pertaining to the powers, functions, and duties transferred shall be delivered to the custody of the *department of general administration. All cabinets, furniture, office equipment, motor vehicles, and other tangible property employed by the department of commerce in carrying out the powers, functions, and duties transferred shall be made available to the *department of general administration. All funds, credits, or other assets held in connection with the powers, functions, and duties transferred shall be assigned to the *department of general administration.

     (b) Any appropriations made to the department of commerce for carrying out the powers, functions, and duties transferred shall, on July 1, 2010, be transferred and credited to the *department of general administration.

     (c) Whenever any question arises as to the transfer of any personnel, funds, books, documents, records, papers, files, equipment, or other tangible property used or held in the exercise of the powers and the performance of the duties and functions transferred, the director of financial management shall make a determination as to the proper allocation and certify the same to the state agencies concerned.

     (3) All employees of the department of commerce engaged in performing the powers, functions, and duties transferred are transferred to the jurisdiction of the *department of general administration. All employees classified under chapter 41.06 RCW, the state civil service law, are assigned to the *department of general administration to perform their usual duties upon the same terms as formerly, without any loss of rights, subject to any action that may be appropriate thereafter in accordance with the laws and rules governing state civil service.

     (4) All rules and all pending business before the department of commerce pertaining to the powers, functions, and duties transferred shall be continued and acted upon by the *department of general administration. All existing contracts and obligations shall remain in full force and shall be performed by the *department of general administration.

     (5) The transfer of the powers, duties, functions, and personnel of the department of commerce shall not affect the validity of any act performed before July 1, 2010.

     (6) If apportionments of budgeted funds are required because of the transfers directed by this section, the director of financial management shall certify the apportionments to the agencies affected, the state auditor, and the state treasurer. Each of these shall make the appropriate transfer and adjustments in funds and appropriation accounts and equipment records in accordance with the certification.

     (7) All classified employees of the department of commerce assigned to the *department of general administration under this section whose positions are within an existing bargaining unit description at the *department of general administration shall become a part of the existing bargaining unit at the *department of general administration and shall be considered an appropriate inclusion or modification of the existing bargaining unit under the provisions of chapter 41.80 RCW.

[2010 c 271 § 308.]

Notes:

     *Reviser's note: The "department of general administration" was renamed the "department of enterprise services" by 2011 1st sp.s. c 43 § 107.

     Purpose -- Effective date -- 2010 c 271: See notes following RCW 43.330.005.



43.330.908
Transfer of powers, duties, and functions pertaining to the drug prosecution assistance program.

(1) All powers, duties, and functions of the department of commerce pertaining to the drug prosecution assistance program are transferred to the criminal justice training commission. All references to the director or the department of commerce in the Revised Code of Washington shall be construed to mean the director or the criminal justice training commission when referring to the functions transferred in this section.

     (2)(a) All reports, documents, surveys, books, records, files, papers, or written material in the possession of the department of commerce pertaining to the powers, functions, and duties transferred shall be delivered to the custody of the criminal justice training commission. All cabinets, furniture, office equipment, motor vehicles, and other tangible property employed by the department of commerce in carrying out the powers, functions, and duties transferred shall be made available to the criminal justice training commission. All funds, credits, or other assets held in connection with the powers, functions, and duties transferred shall be assigned to the criminal justice training commission.

     (b) Any appropriations made to the department of commerce for carrying out the powers, functions, and duties transferred shall, on July 1, 2010, be transferred and credited to the criminal justice training commission.

     (c) Whenever any question arises as to the transfer of any personnel, funds, books, documents, records, papers, files, equipment, or other tangible property used or held in the exercise of the powers and the performance of the duties and functions transferred, the director of financial management shall make a determination as to the proper allocation and certify the same to the state agencies concerned.

     (3) All employees of the department of commerce engaged in performing the powers, functions, and duties transferred are transferred to the jurisdiction of the criminal justice training commission. All employees classified under chapter 41.06 RCW, the state civil service law, are assigned to the criminal justice training commission to perform their usual duties upon the same terms as formerly, without any loss of rights, subject to any action that may be appropriate thereafter in accordance with the laws and rules governing state civil service.

     (4) All rules and all pending business before the department of commerce pertaining to the powers, functions, and duties transferred shall be continued and acted upon by the criminal justice training commission. All existing contracts and obligations shall remain in full force and shall be performed by the criminal justice training commission.

     (5) The transfer of the powers, duties, functions, and personnel of the department of commerce shall not affect the validity of any act performed before July 1, 2010.

     (6) If apportionments of budgeted funds are required because of the transfers directed by this section, the director of financial management shall certify the apportionments to the agencies affected, the state auditor, and the state treasurer. Each of these shall make the appropriate transfer and adjustments in funds and appropriation accounts and equipment records in accordance with the certification.

     (7) All classified employees of the department of commerce assigned to the criminal justice training commission under this section whose positions are within an existing bargaining unit description at the criminal justice training commission shall become a part of the existing bargaining unit at the criminal justice training commission and shall be considered an appropriate inclusion or modification of the existing bargaining unit under the provisions of chapter 41.80 RCW.

[2010 c 271 § 502.]

Notes:

     Purpose -- Effective date -- 2010 c 271: See notes following RCW 43.330.005.



43.330.909
Transfer of powers, duties, and functions pertaining to the energy facility site evaluation council.

(1) All administrative powers, duties, and functions of the department of commerce pertaining to the energy facility site evaluation council are transferred to the Washington utilities and transportation commission. All references to the director or the department of commerce in the Revised Code of Washington shall be construed to mean the Washington utilities and transportation commission when referring to the functions transferred in this section.

     (2)(a) All reports, documents, surveys, books, records, files, papers, or written material in the possession of the department of commerce pertaining to the powers, functions, and duties transferred shall be delivered to the custody of the Washington utilities and transportation commission. All cabinets, furniture, office equipment, motor vehicles, and other tangible property employed by the department of commerce in carrying out the powers, functions, and duties transferred shall be made available to the Washington utilities and transportation commission. All funds, credits, or other assets held in connection with the powers, functions, and duties transferred shall be assigned to the Washington utilities and transportation commission.

     (b) Any appropriations made to the department of commerce for carrying out the powers, functions, and duties transferred shall, on July 1, 2010, be transferred and credited to the Washington utilities and transportation commission.

     (c) Whenever any question arises as to the transfer of any personnel, funds, books, documents, records, papers, files, equipment, or other tangible property used or held in the exercise of the powers and the performance of the duties and functions transferred, the director of financial management shall make a determination as to the proper allocation and certify the same to the state agencies concerned.

     (3) All employees of the department of commerce engaged in performing the powers, functions, and duties transferred are transferred to the jurisdiction of the Washington utilities and transportation commission. All employees classified under chapter 41.06 RCW, the state civil service law, are assigned to the Washington utilities and transportation commission to perform their usual duties upon the same terms as formerly, without any loss of rights, subject to any action that may be appropriate thereafter in accordance with the laws and rules governing state civil service.

     (4) All rules and all pending business before the department of commerce pertaining to the powers, functions, and duties transferred shall be continued and acted upon by the Washington utilities and transportation commission. All existing contracts and obligations shall remain in full force and shall be performed by the Washington utilities and transportation commission.

     (5) The transfer of the powers, duties, functions, and personnel of the department of commerce shall not affect the validity of any act performed before July 1, 2010.

     (6) If apportionments of budgeted funds are required because of the transfers directed by this section, the director of financial management shall certify the apportionments to the agencies affected, the state auditor, and the state treasurer. Each of these shall make the appropriate transfer and adjustments in funds and appropriation accounts and equipment records in accordance with the certification.

     (7) All classified employees of the department of commerce assigned to the Washington utilities and transportation commission under this section whose positions are within an existing bargaining unit description at the Washington utilities and transportation commission shall become a part of the existing bargaining unit at the Washington utilities and transportation commission and shall be considered an appropriate inclusion or modification of the existing bargaining unit under the provisions of chapter 41.80 RCW.

[2010 c 271 § 602.]

Notes:

     Purpose -- Effective date -- 2010 c 271: See notes following RCW 43.330.005.



43.330.910
Transfer of certain powers, duties, and functions of the department of information services — High-speed internet activities.

(1) All powers, duties, and functions of the department of information services pertaining to high-speed internet activities are transferred to the department of commerce. All references to the director or the department of information services in the Revised Code of Washington shall be construed to mean the director or the department of commerce when referring to the functions transferred in this section.

     (2)(a) All reports, documents, surveys, books, records, files, papers, or written material in the possession of the department of information services pertaining to the powers, functions, and duties transferred shall be delivered to the custody of the department of commerce. All cabinets, furniture, office equipment, motor vehicles, and other tangible property employed by the department of information services in carrying out the powers, functions, and duties transferred shall be made available to the department of commerce. All funds, credits, or other assets held in connection with the powers, functions, and duties transferred shall be assigned to the department of commerce.

     (b) Any appropriations made to the department of information services for carrying out the powers, functions, and duties transferred shall, on October 1, 2011, be transferred and credited to the department of commerce.

     (c) Whenever any question arises as to the transfer of any personnel, funds, books, documents, records, papers, files, equipment, or other tangible property used or held in the exercise of the powers and the performance of the duties and functions transferred, the director of financial management shall make a determination as to the proper allocation and certify the same to the state agencies concerned.

     (3) All employees of the department of information services engaged in performing the powers, functions, and duties transferred are transferred to the jurisdiction of the department of commerce. All employees classified under chapter 41.06 RCW, the state civil service law, are assigned to the department of commerce to perform their usual duties upon the same terms as formerly, without any loss of rights, subject to any action that may be appropriate thereafter in accordance with the laws and rules governing state civil service.

     (4) All rules and all pending business before the department of information services pertaining to the powers, functions, and duties transferred shall be continued and acted upon by the department of commerce. All existing contracts and obligations shall remain in full force and shall be performed by the department of commerce.

     (5) The transfer of the powers, duties, functions, and personnel of the department of information services shall not affect the validity of any act performed before October 1, 2011.

     (6) If apportionments of budgeted funds are required because of the transfers directed by this section, the director of financial management shall certify the apportionments to the agencies affected, the state auditor, and the state treasurer. Each of these shall make the appropriate transfer and adjustments in funds and appropriation accounts and equipment records in accordance with the certification.

     (7) All classified employees of the department of information services assigned to the department of commerce under this section whose positions are within an existing bargaining unit description at the department of commerce shall become a part of the existing bargaining unit at the department of commerce and shall be considered an appropriate inclusion or modification of the existing bargaining unit under the provisions of chapter 41.80 RCW.

[2011 1st sp.s. c 43 § 1008.]

Notes:

     Effective date -- Purpose -- 2011 1st sp.s. c 43: See notes following RCW 43.19.003.