Climate funding/outdoor rec.

AN ACT Relating to environmental leadership through outdoor 1
recreation and climate adaptation investments; amending RCW 2
70A.65.250 and 70A.65.305; reenacting and amending RCW 70A.65.030, 3
70A.65.040, and 70A.65.230; adding a new section to chapter 70A.65 4
RCW; creating a new section; and repealing RCW 70A.65.260 and 5
70A.65.270. 6
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:7
NEW SECTION. Sec. 1. The legislature finds that Washington's 8
changing climate creates increased risk of catastrophic wildfires, 9
drought, severe heat events, and flooding, as well as impacts to 10
agriculture, water supply and water quality, and the health of the 11
forests, watersheds, and wildlife. These risks and impacts will vary 12
by region and can overwhelm the resources and budgets of local 13
governments that must cope with severe climate change-related events. 14
Reducing vulnerability to fire, flood, drought, and other climate 15
change-related events requires statewide investment to increase 16
climate resilience.17
The legislature finds that when more of Washington's 18
precipitation falls as rain rather than snow, and the diminished 19
snowpack melts earlier in the spring, our rivers and streams will be 20
slower and warmer in the late summer. Therefore, climate change will 21
H-0390.1
HOUSE BILL 1288
State of Washington 69th Legislature 2025 Regular Session
By Representatives Dye, Klicker, and Barkis
Read first time 01/14/25. Referred to Committee on Environment &
Energy.
p. 1 HB 1288
impact the survival of salmon and impact the irrigation that powers 1
Washington's agricultural economy. These same changes in 2
precipitation will also impact recreation opportunities, like 3
snowmobiling and skiing in the winter and camping, boating, and 4
fishing in the summer. The economies of communities that rely on 5
recreational visitors will be deeply impacted, and the opportunities 6
of our residents to enjoy the scenic and iconic natural beauty of 7
Washington will be diminished. 8
The legislature intends to use climate commitment act revenue to 9
fund real climate resilience solutions. The legislature will fund 10
solutions that: (1) Prevent wildfires and their impacts on the air we 11
breathe by funding forest health initiatives; (2) protect communities 12
from devastating floods by investments in dams, levees, and restored 13
floodplains; (3) provide adequate water supplies for our agricultural 14
producers and instream flows for salmon by investments in new 15
reservoirs and irrigation efficiency; (4) clean up polluted water and 16
outfalls of polluted stormwater runoff with investment in new water 17
treatment facilities; and (5) create more accessible green space and 18
recreational opportunity through investments in new and expanded 19
parks and trails. 20
The legislature intends to change course in its investment 21
priorities for the climate commitment act revenue to prevent 22
devastating wildfires, provide clean water, protect the air we 23
breathe, and protect and enhance access to our iconic lands and 24
recreational opportunities. 25
NEW SECTION. Sec. 2. A new section is added to chapter 70A.65 26
RCW to read as follows: 27
The outdoor recreation and climate adaptation account is created 28
in the state treasury. The account must receive moneys distributed to 29
the account from the climate investment account created in RCW 30
70A.65.250. Moneys in the account may be spent only after 31
appropriation. Expenditures from the account are intended to enhance 32
outdoor recreation and to contribute to climate change adaptation by 33
investing in forest health, drought resilience, flood risk 34
mitigation, and Puget Sound recovery and water quality. The criteria 35
of RCW 70A.65.250(1)(b) apply to expenditures from the outdoor 36
recreation and climate adaptation account. Moneys in the account must 37
be used for the following purposes: 38
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(1) Forest health investments that contribute to climate change 1
adaptation. Funding under this subsection must be used:2
(a) To address long-term forest health and the reduction of 3
wildfire dangers; 4
(b) For grants and loans to small forestland owners for 5
activities that increase carbon sequestration; 6
(c) For purposes of the forestry riparian easement program. It is 7
the intent of the legislature that not less than $10,000,000 be 8
expended each biennium for the forestry riparian easement program 9
created in chapter 76.13 RCW or for riparian easement projects funded 10
under the agricultural conservation easements program established 11
under RCW 89.08.530, or similar riparian enhancement programs;12
(d) For the purposes of the family forest fish passage program, 13
created pursuant to RCW 76.13.150; or 14
(e) To provide grants under a new grant program that invests in 15
the institutions and infrastructure that make timber and farming 16
towns sustainable and vibrant. The new grant program must be 17
administered by the community economic revitalization board;18
(2) Drought resilience investments that contribute to climate 19
change adaptation. Funding under this subsection must be transferred 20
to the state drought preparedness account established in RCW 21
43.83B.430; 22
(3) Flood risk mitigation investments that contribute to climate 23
change adaptation. Funding under this subsection must be used to:24
(a) Reduce flood damage and improve aquatic species' habitat in 25
the basins most at risk of catastrophic flooding; 26
(b) Fund established flood control authorities to improve 27
floodplains and flood protection infrastructure; or28
(c) Fund sustainable water supply projects that will secure the 29
agricultural industry against the risks of a changing climate;30
(4) Puget Sound water quality investments, including assistance 31
to regulated entities for upgrading pollution controls required by 32
state permits; 33
(5) Outdoor recreation enhancement and amenities, including the 34
support and expansion of state and local outdoor recreation programs, 35
activities, and infrastructure funded through the state parks and 36
recreation commission, department of fish and wildlife, department of 37
natural resources, and the recreation and conservation office;38
(6) Grants to support marinas in compliance with the environment 39
protecting measures in aquatic lands or water quality permits;40
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(7) Grants for the replacement or addition of buoys at locations 1
that appropriately balance environmental protection and the needs of 2
on-water recreation; 3
(8) Grants to improve equitable access to local trails and 4
connectivity of local trails to parks and regional trail networks;5
(9) Stormwater investments that are helpful to salmon survival;6
(10) Activities to support efforts to mitigate and adapt to the 7
effects of climate change affecting Indian tribes, including capital 8
investments in support of the relocation of Indian tribes located in 9
areas at heightened risk due to anticipated sea level rise, flooding, 10
or other disturbances caused by climate change. The legislature 11
intends to dedicate at least $50,000,000 per biennium from the 12
account created in this section for the purposes of this subsection; 13
and 14
(11) Decarbonization of medium and heavy duty vehicles in a 15
technology-neutral way. The legislature intends to dedicate at least 16
$50,000,000 per biennium from the account created in this section for 17
the purposes of this subsection. 18
Sec. 3. RCW 70A.65.030 and 2023 c 475 s 1902 and 2023 c 475 s 19
936 are each reenacted and amended to read as follows:20
(1) Except as provided in subsection (4) of this section, each 21
year or biennium, as appropriate, when allocating funds from the 22
carbon emissions reduction account created in RCW 70A.65.240, the 23
((climate commitment account created in RCW 70A.65.260, the natural 24
climate solutions account created in RCW 70A.65.270)) outdoor 25
recreation and climate adaptation account created in section 2 of 26
this act , the climate investment account created in RCW 70A.65.250, 27
the air quality and health disparities improvement account created in 28
RCW 70A.65.280, the climate transit programs account created in RCW 29
46.68.500, or the climate active transportation account created in 30
RCW 46.68.490, or administering grants or programs funded by the 31
accounts, agencies shall conduct an environmental justice assessment 32
consistent with the requirements of RCW 70A.02.060 and establish a 33
minimum of not less than 35 percent and a goal of 40 percent of total 34
investments that provide direct and meaningful benefits to vulnerable 35
populations within the boundaries of overburdened communities 36
through: (a) The direct reduction of environmental burdens in 37
overburdened communities; (b) the reduction of disproportionate, 38
cumulative risk from environmental burdens, including those 39
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associated with climate change; (c) the support of community led 1
project development, planning, and participation costs; or (d) 2
meeting a community need identified by the community that is 3
consistent with the intent of this chapter or RCW 70A.02.010.4
(2) The allocation of funding under subsection (1) of this 5
section must adhere to the following principles, additional to the 6
requirements of RCW 70A.02.080: (a) Benefits and programs should be 7
directed to areas and targeted to vulnerable populations and 8
overburdened communities to reduce statewide disparities; (b) 9
investments and benefits should be made roughly proportional to the 10
health disparities that a specific community experiences, with a goal 11
of eliminating the disparities; (c) investments and programs should 12
focus on creating environmental benefits, including eliminating 13
health burdens, creating community and population resilience, and 14
raising the quality of life of those in the community; and (d) 15
efforts should be made to balance investments and benefits across the 16
state and within counties, local jurisdictions, and unincorporated 17
areas as appropriate to reduce disparities by location and to ensure 18
efforts contribute to a reduction in disparities that exist based on 19
race or ethnicity, socioeconomic status, or other factors.20
(3) Except as provided in subsection (4) of this section, state 21
agencies allocating funds or administering grants or programs from 22
the carbon emissions reduction account created in RCW 70A.65.240, the 23
((climate commitment account created in RCW 70A.65.260, the natural 24
climate solutions account created in RCW 70A.65.270)) outdoor 25
recreation and climate adaptation account created in section 2 of 26
this act , the climate investment account created in RCW 70A.65.250, 27
the air quality and health disparities improvement account created in 28
RCW 70A.65.280, the climate transit programs account created in RCW 29
46.68.500, or the climate active transportation account created in 30
RCW 46.68.490, must: 31
(a) Report annually to the environmental justice council created 32
in RCW 70A.02.110 regarding progress toward meeting environmental 33
justice and environmental health goals; 34
(b) Consider recommendations by the environmental justice 35
council; and 36
(c)(i) If the agency is not a covered agency subject to the 37
requirements of chapter 70A.02 RCW, create and adopt a community 38
engagement plan to describe how it will engage with overburdened 39
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communities and vulnerable populations in allocating funds or 1
administering grants or programs from the climate investment account.2
(ii) The plan must include methods for outreach and communication 3
with those who face barriers, language or otherwise, to 4
participation. 5
(4) During the 2023-2025 fiscal biennium: 6
(a) The requirement of subsection (1) of this section to conduct 7
an environmental justice assessment applies only to covered agencies 8
as defined in RCW 70A.02.010 and to significant agency actions as 9
defined in RCW 70A.02.010. 10
(b) Agencies shall coordinate with the department and the office 11
of financial management to achieve total statewide spending from the 12
accounts listed in subsection (1) of this section of not less than 35 13
percent and a goal of 40 percent of total investments that provide 14
direct and meaningful benefits to vulnerable populations within the 15
boundaries of overburdened communities as otherwise described in 16
subsection (1)(a) through (d) of this section and in accordance with 17
RCW 70A.65.230. 18
(c) The requirements of subsection (3)(c) of this section for 19
agencies other than covered agencies to create and adopt community 20
engagement plans apply only to executive branch agencies and 21
institutions of higher education, as defined in RCW 28B.10.016, 22
receiving total appropriations of more than $2,000,000 for the 23
2023-2025 fiscal biennium from the accounts listed in subsection (1) 24
of this section. 25
Sec. 4. RCW 70A.65.040 and 2022 c 182 s 105 and 2022 c 181 s 14 26
are each reenacted and amended to read as follows:27
(1) The environmental justice council created in RCW 70A.02.110 28
must provide recommendations to the legislature, agencies, and the 29
governor in the development and implementation of the program 30
established in RCW 70A.65.060 through 70A.65.210, and the programs 31
funded from the carbon emissions reduction account created in RCW 32
70A.65.240, the ((climate commitment account created in RCW 33
70A.65.260, the natural climate solutions account created in RCW 34
70A.65.270)) outdoor recreation and climate adaptation account 35
created in section 2 of this act , the climate investment account 36
created in RCW 70A.65.250, the climate transit programs account 37
created in RCW 46.68.500, and the climate active transportation 38
account created in RCW 46.68.490. 39
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(2) In addition to the duties and authorities granted in chapter 1
70A.02 RCW to the environmental justice council, the environmental 2
justice council must: 3
(a) Provide recommendations to the legislature, agencies, and the 4
governor in the development of: 5
(i) The program established in RCW 70A.65.060 through 70A.65.210 6
including, but not limited to, linkage with other jurisdictions, 7
protocols for establishing offset projects and securing offset 8
credits, designation of emissions-intensive and trade-exposed 9
industries under RCW 70A.65.110, and administration of allowances 10
under the program; and 11
(ii) Investment plans and funding proposals for the programs 12
funded from the climate investment account created in RCW 70A.65.250 13
for the purpose of providing environmental benefits and reducing 14
environmental health disparities within overburdened communities;15
(b) Provide a forum to analyze policies adopted under this 16
chapter to determine if the policies lead to improvements within 17
overburdened communities; 18
(c) Recommend procedures and criteria for evaluating programs, 19
activities, or projects; 20
(d) Recommend copollutant emissions reduction goals in 21
overburdened communities; 22
(e) Evaluate the level of funding provided to assist vulnerable 23
populations, low-income individuals, and impacted workers and the 24
funding of projects and activities located within or benefiting 25
overburdened communities; 26
(f) Recommend environmental justice and environmental health 27
goals for programs, activities, and projects funded from the climate 28
investment account, and review agency annual reports on outcomes and 29
progress toward meeting these goals; 30
(g) Provide recommendations to implementing agencies for 31
meaningful consultation with vulnerable populations, including 32
community engagement plans under RCW 70A.65.020 and 70A.65.030; and33
(h) Recommend how to support public participation through 34
capacity grants for participation. 35
(3) For the purpose of performing the duties under subsection (2) 36
of this section, two additional tribal members are added to the 37
council. 38
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Sec. 5. RCW 70A.65.230 and 2022 c 182 s 426 and 2022 c 181 s 8 1
are each reenacted and amended to read as follows: 2
(1) It is the intent of the legislature that each year the total 3
investments made through the carbon emissions reduction account 4
created in RCW 70A.65.240, the ((climate commitment account created 5
in RCW 70A.65.260, the natural climate solutions account created in 6
RCW 70A.65.270)) outdoor recreation and climate adaptation account 7
created in section 2 of this act , the air quality and health 8
disparities improvement account created in RCW 70A.65.280, the 9
climate transit programs account created in RCW 46.68.500, and the 10
climate active transportation account created in RCW 46.68.490, 11
achieve the following: 12
(a) A minimum of not less than 35 percent and a goal of 40 13
percent of total investments that provide direct and meaningful 14
benefits to vulnerable populations within the boundaries of 15
overburdened communities identified under chapter 70A.02 RCW; and16
(b) In addition to the requirements of (a) of this subsection, a 17
minimum of not less than 10 percent of total investments that are 18
used for programs, activities, or projects formally supported by a 19
resolution of an Indian tribe, with priority given to otherwise 20
qualifying projects directly administered or proposed by an Indian 21
tribe. An investment that meets the requirements of both this 22
subsection (1)(b) and (a) of this subsection may count toward the 23
minimum percentage targets for both subsections. 24
(2) The expenditure of moneys under this chapter must be 25
consistent with applicable federal, state, and local laws, and treaty 26
rights including, but not limited to, prohibitions on uses of funds 27
imposed by the state Constitution. 28
(3) For the purposes of this section, "benefits" means 29
investments or activities that: 30
(a) Reduce vulnerable population characteristics, environmental 31
burdens, or associated risks that contribute significantly to the 32
cumulative impact designation of overburdened communities;33
(b) Meaningfully protect an overburdened community from, or 34
support community response to, the impacts of air pollution or 35
climate change; or 36
(c) Meet a community need identified by vulnerable members of the 37
overburdened community that is consistent with the intent of this 38
chapter. 39
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(4) The state must develop a process by which to evaluate the 1
impacts of the investments made under this chapter, work across state 2
agencies to develop and track priorities across the different 3
eligible funding categories, and work with the environmental justice 4
council pursuant to RCW 70A.65.040. 5
Sec. 6. RCW 70A.65.250 and 2024 c 376 s 911 are each amended to 6
read as follows: 7
(1)(a) The climate investment account is created in the state 8
treasury. Except as otherwise provided in chapter 316, Laws of 2021, 9
all receipts from the auction of allowances authorized in this 10
chapter must be deposited into the account. Moneys in the account may 11
be spent only after appropriation. 12
(b) Projects or activities funded from the account must meet high 13
labor standards, including family sustaining wages, providing 14
benefits including health care and employer-contributed retirement 15
plans, career development opportunities, and maximize access to 16
economic benefits from such projects for local workers and diverse 17
businesses. Each contracting entity's proposal must be reviewed for 18
equity and opportunity improvement efforts, including: (i) Employer 19
paid sick leave programs; (ii) pay practices in relation to living 20
wage indicators such as the federal poverty level; (iii) efforts to 21
evaluate pay equity based on gender identity, race, and other 22
protected status under Washington law; (iv) facilitating career 23
development opportunities, such as apprenticeship programs, 24
internships, job-shadowing, and on-the-job training; and (v) 25
employment assistance and employment barriers for justice affected 26
individuals. 27
(2) Moneys in the account may be used only for projects and 28
programs that achieve the purposes of the greenhouse gas emissions 29
cap and invest program established under this chapter and for tribal 30
capacity grants under RCW 70A.65.305. During the 2023-2025 fiscal 31
biennium, moneys in the account may also be used for tribal capacity 32
grant activities supporting climate resilience and adaptation, 33
developing tribal clean energy projects, applying for state or 34
federal grant funding, and other related work; and for providing 35
payments to agricultural fuel purchasers. Moneys in the account as 36
described in this subsection must first be appropriated for the 37
administration of the requirements of this chapter, in an amount not 38
to exceed five percent of the total receipt of funds from allowance 39
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auction proceeds under this chapter. Beginning July 1, 2023, and 1
annually thereafter, the state treasurer shall distribute funds in 2
the account that exceed the amounts appropriated for the purposes of 3
this subsection (2) ((as follows:4
(a) Seventy-five percent of the moneys to the climate commitment 5
account created in RCW 70A.65.260; and6
(b) Twenty-five percent of the moneys to the natural climate 7
solutions account created in RCW 70A.65.270.8
(3) The allocations specified in subsection (2)(a) and (b) of 9
this section must be reviewed by the legislature on a biennial basis 10
based on the changing needs of the state in meeting its clean economy 11
and greenhouse gas reduction goals in a timely, economically 12
advantageous, and equitable manner )) to the outdoor recreation and 13
climate adaptation account created in section 2 of this act.14
(4) During the 2023-2025 fiscal biennium, the legislature may 15
direct the state treasurer to make transfers of moneys in the climate 16
investment account to the carbon emissions reduction account ((, the 17
climate commitment account, and the natural climate solutions 18
account)). 19
Sec. 7. RCW 70A.65.305 and 2024 c 375 s 8004 are each amended to 20
read as follows: 21
(1) Agencies that allocate funding or administer grant programs 22
appropriated from the climate investment account created in RCW 23
70A.65.250((, the climate commitment account created in RCW 24
70A.65.260, and the natural climate solutions account created in RCW 25
70A.65.270)) and the outdoor recreation and climate adaptation 26
account created in section 2 of this act must offer early, 27
meaningful, and individual consultation with any affected federally 28
recognized tribe on all funding decisions and funding programs that 29
may impact tribal resources, including tribal cultural resources, 30
archaeological sites, sacred sites, fisheries, or other rights and 31
interests in tribal lands and lands within which a tribe or tribes 32
possess rights reserved or protected by federal treaty, statute, or 33
executive order. The consultation is independent of, and in addition 34
to, any public participation process required by federal or state 35
law, or by a federal or state agency, including the requirements of 36
Executive Order 21-02 related to archaeological and cultural 37
resources, and regardless of whether the agency receives a request 38
for consultation from a federally recognized tribe. The goal of the 39
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consultation process is to identify tribal resources or rights 1
potentially affected by the funding decisions and funding programs, 2
assess their effects, and seek ways to avoid, minimize, or mitigate 3
any adverse effects on tribal resources or rights. 4
(2) At the earliest possible date prior to submittal of an 5
application, applicants for funding from the accounts created in RCW 6
70A.65.250((, 70A.65.260, and 70A.65.270)) and section 2 of this act 7
shall engage in a preapplication process with all affected federally 8
recognized tribes within the project area. ((During the 2023-2025 9
fiscal biennium, salmon habitat and climate resilience projects 10
funded from the natural climate solutions account created in RCW 11
70A.65.270 that went through the application and prioritization 12
process before July 1, 2023, are exempt from the preapplication 13
requirements under this subsection.))14
(a) The preapplication process must include the applicant 15
notifying the department of archaeology and historic preservation, 16
the department of fish and wildlife, and all affected federally 17
recognized tribes within the project area. The notification must 18
include geographical location, detailed scope of the proposed 19
project, preliminary application details available to federal, state, 20
or local governmental jurisdictions, and all publicly available 21
materials, including public funding sources. 22
(b) The applicant must also offer to discuss the project with the 23
department of archaeology and historic preservation, the department 24
of fish and wildlife, and all affected federally recognized tribes 25
within the project area. Discussions may include the project's impact 26
to tribal resources, including tribal cultural resources, 27
archaeological sites, sacred sites, fisheries, or other rights and 28
interests in tribal lands and lands within which a tribe or tribes 29
possess rights reserved or protected by federal treaty, statute, or 30
executive order. 31
(c) All affected federally recognized tribes may submit to the 32
appropriate agency or agencies a summary of tribal issues, questions, 33
concerns, or other statements regarding the project, which must 34
become part of the official application file. The summary does not 35
limit what issues affected federally recognized tribes may raise in 36
the consultation process identified in subsections (1), (3) through 37
(7), and (9) of this section. 38
(d) The notification and offer to initiate discussion must be 39
documented with the application when it is filed, and a copy of the 40
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application must be delivered to the department of archaeology and 1
historic preservation, the department of fish and wildlife, and to 2
the affected federally recognized tribe or tribes. If the discussions 3
pursuant to (b) of this subsection do not occur, the applicant must 4
document the reason why the discussion or discussions did not occur.5
(e) Nothing in this section may be interpreted to require the 6
disclosure of information that is exempt from disclosure pursuant to 7
RCW 42.56.300 or federal law, including section 304 of the national 8
historic preservation act of 1966. Any information that is exempt 9
from disclosure pursuant to RCW 42.56.300 or federal law, including 10
section 304 of the national historic preservation act of 1966, shall 11
not become part of the official application file. 12
(3) If any funding decision, program, project, or activity that 13
may impact tribal resources, including tribal cultural resources, 14
archaeological sites, sacred sites, fisheries, or other rights and 15
interests in tribal lands and lands within which a tribe or tribes 16
possess rights reserved by federal treaty, statute, or executive 17
order is funded from the accounts created in RCW 70A.65.250((, 18
70A.65.260, and 70A.65.270)) and section 2 of this act without such a 19
consultation with an affected federally recognized tribe, the 20
affected federally recognized tribe may request that all further 21
action on the decision, program, project, or activity cease until 22
meaningful consultation is completed. Upon receipt of such a request 23
by an agency or agencies with the authority to allocate funding or 24
administer grant programs from the accounts listed in subsection (1) 25
of this section in support of the proposed project, further action by 26
the agency or agencies on any decision, program, project, or activity 27
that would result in significant physical disturbance of the tribal 28
resource or resources described in this subsection must cease until 29
the consultation has been completed. 30
(4) Upon completion of agency and tribal consultation, an 31
affected federally recognized tribe may request a formal review of 32
the consultation by submitting a request to the governor's office of 33
Indian affairs and notifying the appropriate agencies and the 34
department of archaeology and historic preservation. The state 35
agencies and tribe must meet to initiate discussion within no more 36
than 20 days of the request. This consultation must be offered and 37
conducted separately with each affected federally recognized tribe, 38
unless the tribes agree to conduct a joint consultation with the 39
state. 40
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(5) After the state agencies and tribe or tribes have conducted a 1
formal review under subsection (4) of this section, an affected 2
federally recognized tribe or state agency may request that the 3
governor and an elected tribal leader or leaders of a federally 4
recognized tribal government meet to formally consider the 5
recommendations from the parties. If requested, this meeting must 6
occur within 30 days of the request, except that a federally 7
recognized tribe may choose to opt out of the meeting. This timeline 8
may be extended by mutual agreement between the governor and the 9
tribal leaders. 10
(6) After the meeting identified in subsection (5) of this 11
section has occurred, the governor or an elected tribal leader of a 12
federally recognized tribe may call for the state and tribe or tribes 13
to enter into formal mediation, except that a federally recognized 14
tribe may choose to opt out of the mediation. If entered into, the 15
mediation must be conducted as a government-to-government proceeding, 16
with each sovereign government retaining their right to a final 17
decision that meets their separate obligations and interests. 18
Mediators must be jointly selected by the parties to the mediation. 19
An agreement between the governor and a tribal leader or leaders 20
resulting from the mediation is formally recognized and binding on 21
the signatory parties. Absent an agreement, participation in 22
mediation does not preclude any additional steps that any party can 23
initiate, including legal review, to resolve a continuing 24
disagreement. 25
(7) During the proceedings outlined in subsections (4) through 26
(6) of this section, the agency or agencies with the authority to 27
allocate funding or administer grant programs from the accounts 28
listed in subsection (1) of this section in support of the proposed 29
project may not approve or release funding, or make other formal 30
decisions, including permitting, that advance the proposed project 31
except where required by law. 32
(8) By June 30, 2023, the governor's office of Indian affairs, in 33
coordination with the department of archaeology and historic 34
preservation and federally recognized tribes, shall develop a state 35
agency tribal consultation process, including best practices for 36
early, meaningful, and effective consultation, early notification and 37
engagement by applicants with federally recognized tribes as a part 38
of the preapplication process in subsection (2) of this section, and 39
protocols for communication and collaboration with federally 40
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recognized tribes. The consultation process developed under this 1
section must be periodically reviewed and updated in coordination 2
with federally recognized tribes. The governor's office of Indian 3
affairs must provide training and other technical assistance to state 4
agencies, as they implement the required consultation. 5
Notwithstanding the governor's office of Indian affairs' ongoing work 6
pursuant to this subsection, the provisions of subsections (1) 7
through (7) and (9) of this section become effective as of June 9, 8
2022. 9
(9) The requirements of this section apply to local governments 10
that receive funding from the accounts created in RCW 70A.65.250((, 11
70A.65.260, and 70A.65.270,)) and section 2 of this act where that 12
funding is disbursed to project and program applicants. Where 13
requested, the governor's office of Indian affairs must provide 14
training and other technical assistance to local government agencies 15
as they implement the consultation requirements of this section.16
(10) Any agency subject to or implementing this section may adopt 17
rules in furtherance of its duties under this section.18
(11) Subject to the availability of amounts appropriated for this 19
specific purpose, the department must establish a tribal capacity 20
grant program to provide funding to federally recognized tribes for 21
the costs of implementing this section. 22
NEW SECTION. Sec. 8. The following acts or parts of acts are 23
each repealed:24
(1) RCW 70A.65.260 (Climate commitment account) and 2023 c 475 s 25
939, 2022 c 179 s 17, & 2021 c 316 s 29; and 26
(2) RCW 70A.65.270 (Natural climate solutions account) and 2021 c 27
316 s 30. 28
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