Reports by state agencies

AN ACT Relating to improving government efficiency related to 1
reports by state agencies by eliminating reports, replacing reports, 2
changing the frequency of reports, and providing an alternative 3
method for having information publicly available in place of reports; 4
amending RCW 70A.535.050, 70A.02.090, 70A.02.110, 70A.65.300, 5
28A.710.250, 70A.300.310, 90.90.040, 90.38.100, 47.66.120, 71.24.061, 6
71.24.885, 71.24.635, 74.09.480, 74.09.888, 76.09.350, 76.09.360, 7
76.09.368, 76.09.420, 79.110.240, 79.13.060, 47.56.880, 47.04.280, 8
54.16.425, 82.08.9999, 82.14.470, 28A.188.070, 28A.700.100, 9
28A.700.110, 43.09.312, 28B.95.045, 46.92.010, 90.82.080, 43.21A.150, 10
10.77.520, and 13.34.360; reenacting and amending RCW 41.05.065; 11
adding a new section to chapter 28B.77 RCW; creating a new section; 12
and repealing RCW 41.05.630, 70.330.020, 74.09.495, 28A.305.035, 13
43.320.100, 18.28.800, 43.62.050, 28A.657.110, 43.41.423, 14
28B.122.060, 62A.9A-527, 74.08A.411, and 74.39A.275.15
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:16
NEW SECTION. Sec. 1. (1) The legislature finds that requiring 17
state agencies to report to the legislature is an important method of 18
providing information and keeping the legislature informed on the 19
implementation and impacts of legislation. Some reports provide 20
information that is no longer relevant or useful to the legislature, 21
Z-0597.1
SENATE BILL 6160
State of Washington 69th Legislature 2026 Regular Session
By Senators Krishnadasan, Cortes, Hunt, Liias, Nobles, Riccelli,
Shewmake, and Slatter; by request of Office of Financial Management
Read first time 01/15/26. Referred to Committee on State Government,
Tribal Affairs & Elections.
p. 1 SB 6160
which can be discerned by the lack of interest in the report. There 1
are other reports that are redundant as the information is provided 2
through other means. In addition, preparing reports is time 3
consuming, and there may be better, more efficient mechanisms for 4
sharing information with legislators as well as the public, such as 5
posting the information on agency websites. Finally, some reports are 6
required on a more frequent basis than is necessary, as the 7
information does not change to an extent that merits the increased 8
frequency. 9
(2) In order to improve agency efficiency and still ensure that 10
information is publicly available and provided to the legislature as 11
needed, it is the legislature's intent to eliminate reports that no 12
longer serve a relevant purpose, change reporting frequency where 13
warranted, and provide alternative mechanisms in place of submitting 14
reports where appropriate. 15
PART I16
MODIFICATIONS TO REPORTS17
Sec. 101. RCW 70A.535.050 and 2022 c 182 s 412 are each amended 18
to read as follows: 19
(1) The rules adopted under RCW 70A.535.030 and 70A.535.025 may 20
allow the generation of credits from activities that support the 21
reduction of greenhouse gas emissions associated with transportation 22
in Washington, including but not limited to: 23
(a) Carbon capture and sequestration projects, including but not 24
limited to: 25
(i) Innovative crude oil production projects that include carbon 26
capture and sequestration; 27
(ii) Project-based refinery greenhouse gas mitigation including, 28
but not limited to, process improvements, renewable hydrogen use, and 29
carbon capture and sequestration; or 30
(iii) Direct air capture projects; 31
(b) Investments and activities that support deployment of 32
machinery and equipment used to produce gaseous and liquid fuels from 33
nonfossil feedstocks, and derivatives thereof; 34
(c) The fueling of battery or fuel cell electric vehicles by a 35
commercial, nonprofit, or public entity that is not an electric 36
utility, which may include, but is not limited to, the fueling of 37
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vehicles using electricity certified by the department to have a 1
carbon intensity of zero; and 2
(d) The use of smart vehicle charging technology that results in 3
the fueling of an electric vehicle during times when the carbon 4
intensity of grid electricity is comparatively low.5
(2)(a) The rules adopted under RCW 70A.535.030 and 70A.535.025 6
must allow the generation of credits based on capacity for zero 7
emission vehicle refueling infrastructure, including DC fast charging 8
infrastructure and hydrogen refueling infrastructure.9
(b) The rules adopted under RCW 70A.535.030 and 70A.535.025 may 10
allow the generation of credits from the provision of low carbon fuel 11
infrastructure not specified in (a) of this subsection.12
(3) The rules adopted under RCW 70A.535.030 and 70A.535.025 must 13
allow the generation of credits from state transportation investments 14
funded in an omnibus transportation appropriations act for activities 15
and projects that reduce greenhouse gas emissions and decarbonize the 16
transportation sector. These include, but are not limited to: (a) 17
Electrical grid and hydrogen fueling infrastructure investments; (b) 18
ferry operating and capital investments; (c) electrification of the 19
state ferry fleet; (d) alternative fuel vehicle rebate programs; (e) 20
transit grants; (f) infrastructure and other costs associated with 21
the adoption of alternative fuel use by transit agencies; (g) bike 22
and pedestrian grant programs and other activities; (h) complete 23
streets and safe walking grants and allocations; (i) rail funding; 24
and (j) multimodal investments. 25
(4) The rules adopted by the department may establish limits for 26
the number of credits that may be earned each year by persons 27
participating in the program for some or all of the activities 28
specified in subsections (1) and (2) of this section. The department 29
must limit the number of credits that may be earned each year under 30
subsection (3) of this section to 10 percent of the total program 31
credits. Any limits established under this subsection must take into 32
consideration the return on investment required in order for an 33
activity specified in subsection (2) of this section to be 34
financially viable. 35
(5)(a) In coordination with the department, the Washington state 36
department of transportation must immediately begin work on 37
identifying the amount of credit revenues likely to be generated 38
under subsection (3) of this section from the state transportation 39
investments funded in an omnibus transportation appropriations act, 40
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including the move ahead WA transportation package. It is the intent 1
of the legislature that these credits will be maximized to allow 2
further investment in efforts to reduce greenhouse gas emissions and 3
decarbonize the transportation sector including, but not limited to, 4
additional funding in future years, for ferry electrification beyond 5
four new hybrid electric vessels, active transportation, and transit 6
programs and projects. 7
(b) Beginning November 1, 2022, and ((annually)) every other year 8
thereafter, the Washington state department of transportation must 9
present a detailed projection of the credit revenues generated under 10
subsection (3) of this section and a preferred reinvestment strategy 11
for the revenues for the following 10-year time period to the joint 12
transportation committee. 13
Sec. 102. RCW 70A.02.090 and 2021 c 314 s 17 are each amended to 14
read as follows: 15
(1) By September 1st of each year, each covered agency must 16
annually update the council on the development and implementation of 17
environmental justice in agency strategic plans pursuant to RCW 18
70A.02.040, budgeting and funding criteria for making budgeting and 19
funding decisions pursuant to RCW 70A.02.080, and community 20
engagement plans pursuant to RCW 70A.02.050. 21
(2)(a) Beginning in 2024, as part of each covered agency's annual 22
update to the council under subsection (1) of this section, each 23
covered agency must include updates on the agency's implementation 24
status with respect to the environmental justice assessments under 25
RCW 70A.02.060. 26
(b) By ((September 1st )) November 30th of each year ((beginning 27
in 2024 )), each covered agency must publish or update a dashboard 28
report, in a uniform dashboard format on the office of financial 29
management's website, describing the agency's progress on:30
(i) Incorporating environmental justice in its strategic plan;31
(ii) The obligations of agencies relating to budgets and funding 32
under RCW 70A.02.080; and 33
(iii) Its environmental justice assessments of proposed 34
significant agency actions, including logistical metrics related to 35
covered agency completion of environmental justice assessments.36
(3) Each covered agency must file a notice with the office of 37
financial management of significant agency actions for which the 38
agency is initiating an environmental justice assessment under RCW 39
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70A.02.060. The office of financial management must prepare a list of 1
all filings received from covered agencies each week and must post 2
the list on its website and make it available to any interested 3
parties. The list of filings must include a brief description of the 4
significant agency action and the methods for providing public 5
comment for agency consideration as part of the environmental justice 6
assessment. 7
(4) Each covered agency must identify overburdened communities, 8
as required by RCW 70A.02.050, in such a way that the performance 9
effectiveness of the duties created by this chapter can be measured, 10
including the effectiveness of environmental justice assessments 11
required by RCW 70A.02.060. Each covered agency may identify and 12
prioritize overburdened communities as needed to accomplish the 13
purposes of this chapter. 14
Sec. 103. RCW 70A.02.110 and 2024 c 54 s 59 are each amended to 15
read as follows: 16
(1) The environmental justice council is established to advise 17
covered agencies on incorporating environmental justice into agency 18
activities. 19
(2) The council consists of 14 members, except as provided in RCW 20
70A.65.040(3), appointed by the governor. The councilmembers must be 21
persons who are well-informed regarding and committed to the 22
principles of environmental justice and who, to the greatest extent 23
practicable, represent diversity in race, ethnicity, age, and gender, 24
urban and rural areas, and different regions of the state. The 25
members of the council shall elect two members to serve as cochairs 26
for two-year terms. The council must include: 27
(a) Seven community representatives, including one youth 28
representative, the nominations of which are based upon applied and 29
demonstrated work and focus on environmental justice or a related 30
field, such as racial or economic justice, and accountability to 31
vulnerable populations and overburdened communities;32
(i) The youth representative must be between the ages of 18 and 33
25 at the time of appointment; 34
(ii) The youth representative serves a two-year term. All other 35
community representatives serve four-year terms, with six 36
representatives initially being appointed to four-year terms and five 37
being initially appointed to two-year terms, after which they will be 38
appointed to four-year terms; 39
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(b) Two members representing tribal communities, one from eastern 1
Washington and one from western Washington, appointed by the 2
governor, plus two tribal members as specified in RCW 70A.65.040. The 3
governor shall solicit and consider nominees from each of the 4
federally recognized tribes in Washington state. The governor shall 5
collaborate with federally recognized tribes on the selection of 6
tribal representatives. The tribal representatives serve four-year 7
terms. One representative must be initially appointed for a four-year 8
term. The other representative must be initially appointed for a two-9
year term, after which, that representative must be appointed for a 10
four-year term; 11
(c) Two representatives who are environmental justice 12
practitioners or academics to serve as environmental justice experts, 13
the nominations of which are based upon applied and demonstrated work 14
and focus on environmental justice; 15
(d)(i) One representative of a business that is regulated by a 16
covered agency and whose ordinary business conditions are 17
significantly affected by the actions of at least one other covered 18
agency; and 19
(ii) One representative who is a member or officer of a union 20
representing workers in the building and construction trades; and21
(e) One representative at large, the nomination of which is based 22
upon applied and demonstrated work and focus on environmental 23
justice. 24
(3) Covered agencies shall serve as nonvoting, ex officio 25
liaisons to the council. Each covered agency must identify an 26
executive team level staff person to participate on behalf of the 27
agency. 28
(4) Nongovernmental members of the council must be compensated 29
and reimbursed in accordance with RCW 43.03.050, 43.03.060, and 30
43.03.220. 31
(5) The department of health must: 32
(a) Hire a manager who is responsible for overseeing all staffing 33
and administrative duties in support of the council; and34
(b) Provide all administrative and staff support for the council.35
(6) In collaboration with the office of equity, the office of 36
financial management, the council, and covered agencies, the 37
department of health must: 38
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(a) Establish standards for the collection, analysis, and 1
reporting of disaggregated data as it pertains to tracking population 2
level outcomes of communities; 3
(b) Create statewide and agency-specific process and outcome 4
measures to show performance: 5
(i) Using outcome-based methodology to determine the 6
effectiveness of agency programs and services on reducing 7
environmental disparities; and 8
(ii) Taking into consideration community feedback from the 9
council on whether the performance measures established accurately 10
measure the effectiveness of covered agency programs and services in 11
the communities served; and 12
(c) Create an online performance dashboard to publish performance 13
measures and outcomes as referenced in RCW 70A.02.090 for the state 14
and each covered agency. 15
(7) The department of health must coordinate with Washington 16
technology solutions to address cybersecurity and data protection for 17
all data collected by the department. 18
(8)(a) With input and assistance from the council, the department 19
of health must establish an interagency work group to assist covered 20
agencies in incorporating environmental justice into agency decision 21
making. The work group must include staff from each covered agency 22
directed to implement environmental justice provisions under this 23
chapter and may include members from the council. The department of 24
health shall provide assistance to the interagency work group by:25
(i) Facilitating information sharing among covered agencies on 26
environmental justice issues and between agencies and the council;27
(ii) Developing and providing assessment tools for covered 28
agencies to use in the development and evaluation of agency programs, 29
services, policies, and budgets; 30
(iii) Providing technical assistance and compiling and creating 31
resources for covered agencies to use; and 32
(iv) Training covered agency staff on effectively using data and 33
tools for environmental justice assessments. 34
(b) The duties of the interagency work group include:35
(i) Providing technical assistance to support agency compliance 36
with the implementation of environmental justice into their strategic 37
plans, environmental justice obligations for budgeting and funding 38
criteria and decisions, environmental justice assessments, and 39
community engagement plans; 40
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(ii) Assisting the council in developing a suggested schedule and 1
timeline for sequencing the types of: (A) Funding and expenditure 2
decisions subject to rules; and (B) criteria incorporating 3
environmental justice principles; 4
(iii) Identifying other policies, priorities, and projects for 5
the council's review and guidance development; 6
(iv) Identifying goals and metrics that the council may use to 7
assess agency performance in meeting the requirements of chapter 314, 8
Laws of 2021 for purposes of communicating progress to the public, 9
the governor, and the legislature; and 10
(v) Developing the guidance under subsection (9)(c) of this 11
section in coordination with the council. 12
(9) The council has the following powers and duties:13
(a) To provide a forum for the public to: 14
(i) Provide written or oral testimony on their environmental 15
justice concerns; 16
(ii) Assist the council in understanding environmental justice 17
priorities across the state in order to develop council 18
recommendations to agencies for issues to prioritize; and19
(iii) Identify which agencies to contact with their specific 20
environmental justice concerns and questions; 21
(b)(i) The council shall work in an iterative fashion with the 22
interagency work group to develop guidance for environmental justice 23
implementation into covered agency strategic plans pursuant to RCW 24
70A.02.040, environmental justice assessments pursuant to RCW 25
70A.02.060, budgeting and funding criteria for making budgeting and 26
funding decisions pursuant to RCW 70A.02.080, and community 27
engagement plans pursuant to RCW 70A.02.050; 28
(ii) The council and interagency work group shall regularly 29
update its guidance; 30
(c) In consultation with the interagency work group, the council:31
(i) Shall provide guidance to covered agencies on developing 32
environmental justice assessments pursuant to RCW 70A.02.060 for 33
significant agency actions; 34
(ii) Shall make recommendations to covered agencies on which 35
agency actions may cause environmental harm or may affect the 36
equitable distribution of environmental benefits to an overburdened 37
community or a vulnerable population and therefore should be 38
considered significant agency actions that require an environmental 39
justice assessment under RCW 70A.02.060; 40
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(iii) Shall make recommendations to covered agencies:1
(A) On the identification and prioritization of overburdened 2
communities under this chapter; and 3
(B) Related to the use by covered agencies of the environmental 4
and health disparities map in agency efforts to identify and 5
prioritize overburdened communities; 6
(iv) May make recommendations to a covered agency on the timing 7
and sequencing of a covered agencies' efforts to implement RCW 8
70A.02.040 through 70A.02.080; and 9
(v) May make recommendations to the governor and the legislature 10
regarding ways to improve agency compliance with the requirements of 11
this chapter; 12
(d) By ((December 1, 2023, and biennially thereafter )) February 13
28th of each even-numbered year , and with consideration of the 14
information shared on ((September 1st )) November 30th each year in 15
covered agencies' annual updates to the council required under RCW 16
70A.02.090, the council must: 17
(i) Evaluate the progress of each agency in applying council 18
guidance, and update guidance as needed; and 19
(ii) Communicate each covered agency's progress to the public, 20
the governor, and the legislature. This communication is not required 21
to be a report and may take the form of a presentation or other 22
format that communicates the progress of the state and its agencies 23
in meeting the state's environmental justice goals in compliance with 24
chapter 314, Laws of 2021, and summarizing the work of the council 25
pursuant to (a) through (d) of this subsection, and subsection (11) 26
of this section; and 27
(e) To fulfill the responsibilities established for the council 28
in RCW 70A.65.040. 29
(10) By November 30, 2023, and in compliance with RCW 43.01.036, 30
the council must submit a report to the governor and the appropriate 31
committees of the house of representatives and the senate on:32
(a) The council's recommendations to covered agencies on the 33
identification of significant agency actions requiring an 34
environmental justice assessment under subsection (9)(c)(ii) of this 35
section; 36
(b) The summary of covered agency progress reports provided to 37
the council under RCW 70A.02.090(1), including the status of agency 38
plans for performing environmental justice assessments required by 39
RCW 70A.02.060; and 40
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(c) Guidance for environmental justice implementation into 1
covered agency strategic plans, environmental justice assessments, 2
budgeting and funding criteria, and community engagement plans under 3
subsection (9)(c)(i) of this section. 4
(11) The council may: 5
(a) Review incorporation of environmental justice implementation 6
plans into covered agency strategic plans pursuant to RCW 70A.02.040, 7
environmental justice assessments pursuant to RCW 70A.02.060, 8
budgeting and funding criteria for making budgeting and funding 9
decisions pursuant to RCW 70A.02.080, and community engagement plans 10
pursuant to RCW 70A.02.050; 11
(b) Make recommendations for amendments to this chapter or other 12
legislation to promote and achieve the environmental justice goals of 13
the state; 14
(c) Review existing laws and make recommendations for amendments 15
that will further environmental justice; 16
(d) Recommend to specific agencies that they create environmental 17
justice-focused, agency-requested legislation; 18
(e) Provide requested assistance to state agencies other than 19
covered agencies that wish to incorporate environmental justice 20
principles into agency activities; and 21
(f) Recommend funding strategies and allocations to build 22
capacity in vulnerable populations and overburdened communities to 23
address environmental justice. 24
(12) The role of the council is purely advisory and council 25
decisions are not binding on an agency, individual, or organization.26
(13) The department of health must convene the first meeting of 27
the council by January 1, 2022. 28
(14) All council meetings are subject to the open public meetings 29
requirements of chapter 42.30 RCW and a public comment period must be 30
provided at every meeting of the council. 31
Sec. 104. RCW 70A.65.300 and 2025 c 424 s 975 are each amended 32
to read as follows: 33
(1) The department shall prepare, post on the department website, 34
and submit to the appropriate committees of the legislature an annual 35
report that identifies all distributions of moneys from the accounts 36
created in RCW 70A.65.240 through 70A.65.280. 37
(2) The report must identify, at a minimum, the recipient of the 38
funding, the amount of the funding, the purpose of the funding, the 39
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actual end result or use of the funding, whether the project that 1
received the funding produced any verifiable reduction in greenhouse 2
gas emissions or other long-term impact to emissions, and if so, the 3
quantity of reduced greenhouse gas emissions, the cost per carbon 4
dioxide equivalent metric ton of reduced greenhouse gas emissions, 5
and a comparison to other greenhouse gas emissions reduction projects 6
in order to facilitate the development of cost-benefit ratios for 7
greenhouse gas emissions reduction projects. 8
(3) The department shall require by rule that recipients of funds 9
from the accounts created in RCW 70A.65.240 through 70A.65.280 report 10
to the department, in a form and manner prescribed by the department, 11
the information required for the department to carry out the 12
department's duties established in this section. 13
(4) The department shall update its website with the information 14
described in subsection (2) of this section as appropriate but no 15
less frequently than once per calendar year. 16
(5) The department shall submit its report to the appropriate 17
committees of the legislature with the information described in 18
subsection (2) of this section no later than ((September 30 )) 19
December 31st of each year. ((For fiscal year 2025, the report must 20
be submitted no later than November 30, 2024. During the 2025-2027 21
fiscal biennium, the report must be submitted no later than November 22
30 of each fiscal year.))23
Sec. 105. RCW 28A.710.250 and 2020 c 49 s 3 are each amended to 24
read as follows: 25
(1) By ((March)) December 1st of ((each)) every odd-numbered year 26
beginning in the first year after there have been charter schools 27
operating for a full school year, the state board of education, in 28
collaboration with the commission, must issue a report on the 29
performance of the state's charter schools during the preceding 30
school year to the governor, the legislature, and the public at 31
large. 32
(2) The ((annual)) report must be based on the reports submitted 33
by each authorizer as well as any additional relevant data compiled 34
by the state board of education. The report must include a comparison 35
of the performance of charter school students with the performance of 36
academically, ethnically, and economically comparable groups of 37
students in other public schools. In addition, the annual report must 38
include the state board of education's assessment of the successes, 39
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challenges, and areas for improvement in meeting the purposes of this 1
chapter, including the board's assessment of the sufficiency of 2
funding for charter schools, the efficacy of the formula for 3
authorizer funding, and any suggested changes in state law or policy 4
necessary to strengthen the state's charter schools.5
(3) Together with the issuance of the annual report following the 6
fifth year after there have been charter schools operating for a full 7
school year, the state board of education, in collaboration with the 8
commission, shall submit a recommendation regarding whether or not 9
the legislature should authorize the establishment of additional 10
charter public schools. 11
Sec. 106. RCW 70A.300.310 and 2020 c 20 s 1295 are each amended 12
to read as follows: 13
(1) The department shall develop, and shall ((update at least 14
once every five years )) review biennially and revise as necessary , a 15
state hazardous waste management plan. The plan shall include, but 16
shall not be limited to, the following elements: 17
(a) A state inventory and assessment of the capacity of existing 18
facilities to treat, store, dispose, or otherwise manage hazardous 19
waste; 20
(b) A forecast of future hazardous waste generation;21
(c) A description of the plan or program required by RCW 22
70A.300.270 to promote the waste management priorities established in 23
RCW 70A.300.260; 24
(d) Siting criteria as appropriate for hazardous waste management 25
facilities, including such criteria as may be appropriate for the 26
designation of eligible zones for designated zone facilities. 27
However, these criteria shall not prevent the continued operation, at 28
or below the present level of waste management activity, of existing 29
facilities on the basis of their location in areas other than those 30
designated as eligible zones pursuant to RCW 70A.300.370;31
(e) Siting policies as deemed appropriate by the department; and32
(f) A plan or program to provide appropriate public information 33
and education relating to hazardous waste management. The department 34
shall ensure to the maximum degree practical that these plans or 35
programs are coordinated with public education programs carried out 36
by local government under RCW 70A.300.350. 37
(2) The department shall seek, encourage, and assist 38
participation in the development, revision, and implementation of the 39
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state hazardous waste management plan by interested citizens, local 1
government, business and industry, environmental groups, and other 2
entities as appropriate. 3
(3) Siting criteria shall be completed by December 31, 1986. 4
Other plan components listed in subsection (1) of this section shall 5
be completed by June 30, 1987. 6
(4) The department shall incorporate into the state hazardous 7
waste management plan those elements of the local hazardous waste 8
management plans that it deems necessary to assure effective and 9
coordinated programs throughout the state. 10
Sec. 107. RCW 90.90.040 and 2011 c 83 s 6 are each amended to 11
read as follows: 12
(1) To support the development of new water supplies in the 13
Columbia river and to protect instream flow, the department of 14
ecology shall work with all interested parties, including interested 15
county legislative authorities and watershed planning groups in the 16
Columbia river basin, and affected tribal governments, to develop a 17
Columbia river water supply inventory and a long-term water supply 18
and demand forecast. The inventory must include: 19
(a) A list of conservation projects that have been implemented 20
under this chapter and the amount of water conservation they have 21
achieved; and 22
(b) A list of potential water supply and storage projects in the 23
Columbia river basin, including estimates of: 24
(i) Cost per acre-foot; 25
(ii) Benefit to fish and other instream needs;26
(iii) Benefit to out-of-stream needs; and 27
(iv) Environmental and cultural impacts. 28
(2) The department of ecology shall complete the first Columbia 29
river water supply inventory by November 15, 2006, and shall update 30
the inventory ((annually)) biennially thereafter. 31
(3) The department of ecology shall complete the first Columbia 32
river long-term water supply and demand forecast by November 15, 33
2006, and shall update the report every five years thereafter.34
Sec. 108. RCW 90.38.100 and 2013 2nd sp.s. c 11 s 9 are each 35
amended to read as follows: 36
(1) By ((December 1, 2015 )) September 1, 2026 , and by ((December 37
1st of every odd-numbered )) September 1st of each successive even-38
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numbered year thereafter, and in compliance with RCW 43.01.036, the 1
department, in consultation with the United States bureau of 2
reclamation, the Yakama Nation, Yakima river basin local governments, 3
and key basin stakeholders, shall provide a Yakima river basin 4
integrated water resource management plan implementation status 5
report to the legislature and to the governor that includes: A 6
description of measures that have been funded and implemented in the 7
Yakima river basin and their effectiveness in meeting the objectives 8
of chapter 11, Laws of 2013 2nd sp. sess., a project funding list 9
that represents the state's percentage cost share to implement the 10
integrated plan measures for the current biennium and cost estimates 11
for subsequent biennia, a description of progress toward concurrent 12
realization of the integrated plan's fish passage, watershed 13
enhancement, and water supply goals, and an annual summary of all 14
associated costs to develop and implement projects within the 15
framework of the integrated water resource management plan for the 16
Yakima river basin. 17
(2) The status report required in this section for December 1, 18
2021, must include a statement of progress in achieving the water 19
supply facility permit and funding milestone, as defined in RCW 20
90.38.010. If, after a good faith effort to achieve the water supply 21
facility permit and funding milestone, it appears that the milestone 22
cannot or may not be met, the department, in consultation with the 23
United States bureau of reclamation, the Yakama Nation, Yakima river 24
basin local governments, and key basin stakeholders, shall provide a 25
detailed description of the impediments to achieving the milestone, 26
describe the strategy for resolving the identified impediments, and, 27
if necessary, recommend modifications to the milestone.28
(3) This section expires December 31, 2045. 29
Sec. 109. RCW 47.66.120 and 2025 c 416 s 717 are each amended to 30
read as follows: 31
(1)(a) The department's public transportation division shall 32
establish a green transportation capital grant program. The purpose 33
of the grant program is to aid any transit authority in funding cost-34
effective capital projects to reduce the carbon intensity of the 35
Washington transportation system, examples of which include: 36
Electrification of vehicle fleets, including battery and fuel cell 37
electric vehicles; modification or replacement of capital facilities 38
in order to facilitate fleet electrification and/or hydrogen 39
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refueling; necessary upgrades to electrical transmission and 1
distribution systems; and construction of charging and fueling 2
stations. The department's public transportation division shall 3
identify projects and shall submit a prioritized list of all projects 4
requesting funding to the legislature and the office of financial 5
management by ((December)) November 1st of each even-numbered year.6
(b) The department's public transportation division shall select 7
projects based on a competitive process that considers the following 8
criteria: 9
(i) The cost-effectiveness of the reductions in carbon emissions 10
provided by the project; and 11
(ii) The benefit provided to transitioning the entire state to a 12
transportation system with lower carbon intensity.13
(c) During the 2023-2025 and 2025-2027 fiscal biennia, the 14
department must incorporate principles into the grant selection 15
process with the goal of increasing the distribution of funding to 16
communities based on addressing environmental harms and providing 17
environmental benefits for overburdened communities, as defined in 18
RCW 70A.02.010, and vulnerable populations. 19
(2) The department's public transportation division must 20
establish an advisory committee to assist in identifying projects 21
under subsection (1) of this section. The advisory committee must 22
include representatives from the department of ecology, the 23
department of commerce, the utilities and transportation commission, 24
and at least one transit authority. 25
(3) In order to receive green transportation capital grant 26
program funding for a project, a transit authority must provide 27
matching funding at the level deemed appropriate by the department.28
(4) The department's public transportation division must report 29
annually to the transportation committees of the legislature on the 30
status of any grant projects funded by the program created under this 31
section. 32
(5) For purposes of this section, "transit authority" means a 33
city transit system under RCW 35.58.2721 or chapter 35.95A RCW, a 34
county public transportation authority under chapter 36.57 RCW, a 35
metropolitan municipal corporation transit system under chapter 36.56 36
RCW, a public transportation benefit area under chapter 36.57A RCW, 37
an unincorporated transportation benefit area under RCW 36.57.100, a 38
regional transit authority under chapter 81.112 RCW, or any special 39
purpose district formed to operate a public transportation system.40
p. 15 SB 6160
(6) During the 2021-2023 fiscal biennium, the department may 1
provide up to 20 percent of the total green transportation capital 2
grant program funding for zero emissions capital transition planning 3
projects. During the 2023-2025 fiscal biennium, the department may 4
provide up to 10 percent of the total green transportation capital 5
grant program funding for zero emissions capital transition planning 6
projects. During the 2025-2027 fiscal biennium, the department may 7
provide up to five percent of the total green transportation capital 8
grant program funding for zero emissions capital transition planning 9
projects. 10
NEW SECTION. Sec. 110. A new section is added to chapter 28B.77 11
RCW to read as follows: 12
The council shall report to the legislature by December 1, 2026, 13
and each year thereafter, on the impacts of chapter 323, Laws of 2024 14
on degree completion outcomes, including any increase in the number 15
of students using the extended eligibility provided under chapter 16
323, Laws of 2024. 17
PART II18
REMOVAL OF REPORTS19
Sec. 201. RCW 71.24.061 and 2024 c 358 s 1 are each amended to 20
read as follows: 21
(1) The authority shall provide flexibility to encourage licensed 22
or certified community behavioral health agencies to subcontract with 23
an adequate, culturally competent, and qualified children's mental 24
health provider network. 25
(2) To the extent that funds are specifically appropriated for 26
this purpose or that nonstate funds are available, a children's 27
mental health evidence-based practice institute shall be established 28
at the University of Washington department of psychiatry and 29
behavioral sciences. The institute shall closely collaborate with 30
entities currently engaged in evaluating and promoting the use of 31
evidence-based, research -based, promising, or consensus -based 32
practices in children's mental health treatment, including but not 33
limited to the University of Washington department of psychiatry and 34
behavioral sciences, Seattle children's hospital, the University of 35
Washington school of nursing, the University of Washington school of 36
social work, and the Washington state institute for public policy. To 37
p. 16 SB 6160
ensure that funds appropriated are used to the greatest extent 1
possible for their intended purpose, the University of Washington's 2
indirect costs of administration shall not exceed ten percent of 3
appropriated funding. The institute shall: 4
(a) Improve the implementation of evidence-based and 5
research-based practices by providing sustained and effective 6
training and consultation to licensed children's mental health 7
providers and child -serving agencies who are implementing 8
evidence-based or researched-based practices for treatment of 9
children's emotional or behavioral disorders, or who are interested 10
in adapting these practices to better serve ethnically or culturally 11
diverse children. Efforts under this subsection should include a 12
focus on appropriate oversight of implementation of evidence -based 13
practices to ensure fidelity to these practices and thereby achieve 14
positive outcomes; 15
(b) Continue the successful implementation of the "partnerships 16
for success" model by consulting with communities so they may select, 17
implement, and continually evaluate the success of evidence-based 18
practices that are relevant to the needs of children, youth, and 19
families in their community; 20
(c) Partner with youth, family members, family advocacy, and 21
culturally competent provider organizations to develop a series of 22
information sessions, literature, and online resources for families 23
to become informed and engaged in evidence-based and research -based 24
practices; 25
(d) Participate in the identification of outcome-based 26
performance measures under RCW 71.36.025(2) and partner in a 27
statewide effort to implement statewide outcomes monitoring and 28
quality improvement processes; and 29
(e) Serve as a statewide resource to the authority and other 30
entities on child and adolescent evidence-based, research-based, 31
promising, or consensus -based practices for children's mental health 32
treatment, maintaining a working knowledge through ongoing review of 33
academic and professional literature, and knowledge of other 34
evidence-based practice implementation efforts in Washington and 35
other states. 36
(3)(a) To the extent that funds are specifically appropriated for 37
this purpose, the authority in collaboration with the University of 38
Washington department of psychiatry and behavioral sciences and 39
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Seattle children's hospital shall implement the following access 1
lines: 2
(i) The partnership access line to support primary care providers 3
in the assessment and provision of appropriate diagnosis and 4
treatment of children with mental and behavioral health disorders and 5
track outcomes of this program; 6
(ii) The partnership access line for moms to support 7
obstetricians, pediatricians, primary care providers, mental health 8
professionals, and other health care professionals providing care to 9
pregnant women and new mothers through same-day telephone 10
consultations in the assessment and provision of appropriate 11
diagnosis and treatment of depression in pregnant women and new 12
mothers; 13
(iii) The mental health referral service for children and teens 14
to facilitate referrals to children's mental health services and 15
other resources for parents and guardians with concerns related to 16
the mental health of the parent or guardian's child. Facilitation 17
activities include assessing the level of services needed by the 18
child; within an average of seven days from call intake processing 19
with a parent or guardian, identifying mental health professionals 20
who are in-network with the child's health care coverage who are 21
accepting new patients and taking appointments; coordinating contact 22
between the parent or guardian and the mental health professional; 23
and providing postreferral reviews to determine if the child has 24
outstanding needs. In conducting its referral activities, the program 25
shall collaborate with existing databases and resources to identify 26
in-network mental health professionals; and 27
(iv) The first approach skills training program to provide brief, 28
evidence-based behavioral therapy for youth and families with common 29
mental health concerns. 30
(b) The program activities described in (a) of this subsection 31
shall be designed to promote more accurate diagnoses and treatment 32
through timely case consultation between primary care providers and 33
child psychiatric specialists, and focused educational learning 34
collaboratives with primary care providers. 35
(4) ((The authority, in collaboration with the University of 36
Washington department of psychiatry and behavioral sciences and 37
Seattle children's hospital, shall report on the following:38
(a) The number of individuals who have accessed the resources 39
described in subsection (3) of this section;40
p. 18 SB 6160
(b) The number of providers, by type, who have accessed the 1
resources described in subsection (3) of this section;2
(c) Demographic information, as available, for the individuals 3
described in (a) of this subsection. Demographic information may not 4
include any personally identifiable information and must be limited 5
to the individual's age, gender, and city and county of residence;6
(d) A description of resources provided;7
(e) Average time frames from receipt of call to referral for 8
services or resources provided; and9
(f) Systemic barriers to services, as determined and defined by 10
the health care authority, the University of Washington department of 11
psychiatry and behavioral sciences, and Seattle children's hospital.12
(5) Beginning December 30, 2019, and annually thereafter, the 13
authority must submit, in compliance with RCW 43.01.036, a report to 14
the governor and appropriate committees of the legislature with 15
findings and recommendations for improving services and service 16
delivery from subsection (4) of this section.17
(6))) The authority shall enforce requirements in managed care 18
contracts to ensure care coordination and network adequacy issues are 19
addressed in order to remove barriers to access to mental health 20
services ((identified in the report described in subsection (4) of 21
this section)). 22
Sec. 202. RCW 71.24.885 and 2020 c 285 s 1 are each amended to 23
read as follows: 24
(1) It is the intent of the legislature that behavioral health 25
medicaid rate increases be grounded with the rate-setting process for 26
the provider type or practice setting. 27
(2) In implementing a rate increase funded by the legislature, 28
including rate increases provided through managed care organizations, 29
the authority must work with the actuaries responsible for 30
establishing medicaid rates for behavioral health services and 31
managed care organizations responsible for distributing funds to 32
behavioral health services to assure that appropriate adjustments are 33
made to the wraparound with intensive services case rate, as well as 34
any other behavioral health services in which a case rate is used.35
(3)(a) The authority shall establish a process for verifying that 36
funds appropriated in the omnibus operating appropriations act for 37
targeted behavioral health provider rate increases, including rate 38
p. 19 SB 6160
increases provided through managed care organizations, are used for 1
the objectives stated in the appropriation. 2
(b) The process must: (i) Establish which behavioral health 3
provider types the funds are intended for; (ii) include transparency 4
and accountability mechanisms to demonstrate that appropriated funds 5
for targeted behavioral health provider rate increases are passed 6
through, in the manner intended, to the behavioral health providers 7
who are the subject of the funds appropriated for targeted behavioral 8
health provider rate increases; (iii) include actuarial information 9
provided to managed care organizations to ensure the funds directed 10
to behavioral health providers have been appropriately allocated and 11
accounted for; and (iv) include the participation of managed care 12
organizations, behavioral health administrative services 13
organizations, providers, and provider networks that are the subject 14
of the targeted behavioral health provider rate increases. The 15
process must include a method for determining if the funds have 16
increased access to the behavioral health services offered by the 17
behavioral health providers who are the subject of the targeted 18
provider rate increases. 19
(c) The process may: 20
(i) Include a quantitative method for determining if the funds 21
have increased access to behavioral health services offered by the 22
behavioral health providers who received the targeted provider rate 23
increases; 24
(ii) Ensure the viability of pass-through payments in a capitated 25
rate methodology; and 26
(iii) Ensure that medicaid rate increases account for the impact 27
of value-based contracting on provider reimbursements and 28
implementations of pass-through payments. 29
(((4) By November 1st of each year, the authority shall report to 30
the committees of the legislature with jurisdiction over behavioral 31
health issues and fiscal matters regarding the established process 32
for each appropriation for a targeted behavioral health provider rate 33
increase, whether the funds were passed through in accordance with 34
the appropriation language, and any information about increased 35
access to behavioral health services associated with the 36
appropriation. The reporting requirement for each appropriation for a 37
targeted behavioral health provider rate increase shall continue for 38
two years following the specific appropriation.))39
p. 20 SB 6160
Sec. 203. RCW 71.24.635 and 2024 c 360 s 5 are each amended to 1
read as follows: 2
(1) Subject to amounts appropriated for this specific purpose, 3
the health care authority must issue a request for proposal and 4
contract with an entity to develop, implement, test, and evaluate 5
guidance and health interventions for health care providers and 6
patients at risk for developing serious complications due to cannabis 7
consumption who are seeking care in emergency departments, primary 8
care settings, behavioral health settings, other health care 9
facilities, and for use by state poison control and recovery hotlines 10
to promote cannabis use reduction and cessation for the following 11
populations: 12
(a) Youth and adults at high risk of adverse mental health 13
impacts from use of high THC cannabis; 14
(b) Youth and adults who have experienced a cannabis-induced 15
first episode psychosis but do not have a diagnosis of a psychotic 16
disorder; and 17
(c) Youth and adults who have a diagnosed psychotic disorder and 18
use cannabis. 19
(2) ((The health care authority must submit a preliminary report 20
to the appropriate committees of the legislature summarizing the 21
progress toward developing and testing health interventions and 22
recruiting patients and health care facilities to participate by 23
December 1, 2025. The health care authority must provide a progress 24
report on initial outcomes of the health interventions for 25
participating patients and health care facilities by July 1, 2027. 26
The health care authority must submit a final report to the 27
appropriate committees of the legislature summarizing the results of 28
the interventions and any recommendations for implementation of 29
health interventions by December 1, 2028.30
(3))) A contract entered under the authorization in this section 31
must include, in the scope of work, data gathering on adverse health 32
impacts occurring in Washington associated with consumption of high 33
THC cannabis ((, and data gathered must be included in the reports 34
submitted to the legislature under this section)).35
(((4))) (3) This section expires December 31, 2028.36
Sec. 204. RCW 41.05.065 and 2025 c 396 s 1 and 2025 c 339 s 1 37
are each reenacted and amended to read as follows:38
p. 21 SB 6160
(1) The public employees' benefits board shall study all matters 1
connected with the provision of health care coverage, life insurance, 2
liability insurance, accidental death and dismemberment insurance, 3
and disability income insurance or any of, or a combination of, the 4
enumerated types of insurance for employees and their dependents on 5
the best basis possible with relation both to the welfare of the 6
employees and to the state. However, liability insurance shall not be 7
made available to dependents. 8
(2) The public employees' benefits board shall develop employee 9
benefit plans that include comprehensive health care benefits for 10
employees. In developing these plans, the public employees' benefits 11
board shall consider the following elements: 12
(a) Methods of maximizing cost containment while ensuring access 13
to quality health care; 14
(b) Development of provider arrangements that encourage cost 15
containment and ensure access to quality care, including but not 16
limited to prepaid delivery systems and prospective payment methods;17
(c)(i) Wellness initiatives that focus on proven strategies, such 18
as smoking cessation, injury and accident prevention, reduction of 19
alcohol misuse, appropriate weight reduction, exercise, automobile 20
and motorcycle safety, blood cholesterol reduction, and nutrition 21
education. 22
(ii)(A) As of January 1, 2028, the public employees' benefits 23
board shall no longer offer the smart health program, which includes 24
the wellness incentive and the smart health online portal.25
(B) Employees who have met the eligibility requirements to 26
receive a wellness incentive by December 31, 2027, will still receive 27
the wellness incentive in plan year 2028. 28
(C) Employees are not eligible to earn a wellness incentive as of 29
January 1, 2028; 30
(d) Utilization review procedures including, but not limited to a 31
cost-efficient method for prior authorization of services, hospital 32
inpatient length of stay review, requirements for use of outpatient 33
surgeries and second opinions for surgeries, review of invoices or 34
claims submitted by service providers, and performance audit of 35
providers; 36
(e) Effective coordination of benefits; and 37
(f) Minimum standards for insuring entities. 38
(3) To maintain the comprehensive nature of employee health care 39
benefits, benefits provided to employees shall be substantially 40
p. 22 SB 6160
equivalent to the state employees' health benefit plan in effect on 1
January 1, 1993. Nothing in this subsection shall prohibit changes or 2
increases in employee point-of-service payments or employee premium 3
payments for benefits or the administration of a high deductible 4
health plan in conjunction with a health savings account. The public 5
employees' benefits board may establish employee eligibility criteria 6
which are not substantially equivalent to employee eligibility 7
criteria in effect on January 1, 1993. 8
(4) Except if bargained for under chapter 41.80 RCW, the public 9
employees' benefits board shall design benefits and determine the 10
terms and conditions of employee and retired or disabled school 11
employee participation and coverage, including establishment of 12
eligibility criteria subject to the requirements of this chapter. 13
Employer groups obtaining benefits through contractual agreement with 14
the authority for employees defined in RCW 41.05.011(6)(a) (i) 15
through (vi) may contractually agree with the authority to benefits 16
eligibility criteria which differs from that determined by the public 17
employees' benefits board. The eligibility criteria established by 18
the public employees' benefits board shall be no more restrictive 19
than the following: 20
(a) Except as provided in (b) through (e) of this subsection, an 21
employee is eligible for benefits from the date of employment if the 22
employing agency anticipates he or she will work an average of at 23
least eighty hours per month and for at least eight hours in each 24
month for more than six consecutive months. An employee determined 25
ineligible for benefits at the beginning of his or her employment 26
shall become eligible in the following circumstances:27
(i) An employee who works an average of at least eighty hours per 28
month and for at least eight hours in each month and whose 29
anticipated duration of employment is revised from less than or equal 30
to six consecutive months to more than six consecutive months becomes 31
eligible when the revision is made. 32
(ii) An employee who works an average of at least eighty hours 33
per month over a period of six consecutive months and for at least 34
eight hours in each of those six consecutive months becomes eligible 35
at the first of the month following the six-month averaging period.36
(b) A seasonal employee is eligible for benefits from the date of 37
employment if the employing agency anticipates that he or she will 38
work an average of at least eighty hours per month and for at least 39
eight hours in each month of the season. A seasonal employee 40
p. 23 SB 6160
determined ineligible at the beginning of his or her employment who 1
works an average of at least eighty hours per month over a period of 2
six consecutive months and at least eight hours in each of those six 3
consecutive months becomes eligible at the first of the month 4
following the six-month averaging period. A benefits-eligible 5
seasonal employee who works a season of less than nine months shall 6
not be eligible for the employer contribution during the off season, 7
but may continue enrollment in benefits during the off season by 8
self-paying for the benefits. A benefits-eligible seasonal employee 9
who works a season of nine months or more is eligible for the 10
employer contribution through the off season following each season 11
worked. 12
(c) Faculty are eligible as follows: 13
(i) Faculty who the employing agency anticipates will work half–14
time or more for the entire instructional year or equivalent nine-15
month period are eligible for benefits from the date of employment. 16
Eligibility shall continue until the beginning of the first full 17
month of the next instructional year, unless the employment 18
relationship is terminated, in which case eligibility shall cease the 19
first month following the notice of termination or the effective date 20
of the termination, whichever is later. 21
(ii) Faculty who the employing agency anticipates will not work 22
for the entire instructional year or equivalent nine-month period are 23
eligible for benefits at the beginning of the second consecutive 24
quarter or semester of employment in which he or she is anticipated 25
to work, or has actually worked, half-time or more. Such an employee 26
shall continue to receive uninterrupted employer contributions for 27
benefits if the employee works at least half-time in a quarter or 28
semester. Faculty who the employing agency anticipates will not work 29
for the entire instructional year or equivalent nine-month period, 30
but who actually work half-time or more throughout the entire 31
instructional year, are eligible for summer or off-quarter or off-32
semester coverage. Faculty who have met the criteria of this 33
subsection (4)(c)(ii), who work at least two quarters or two 34
semesters of the academic year with an average academic year workload 35
of half-time or more for three quarters or two semesters of the 36
academic year, and who have worked an average of half-time or more in 37
each of the two preceding academic years shall continue to receive 38
uninterrupted employer contributions for benefits if he or she works 39
at least half-time in a quarter or semester or works two quarters or 40
p. 24 SB 6160
two semesters of the academic year with an average academic workload 1
each academic year of half-time or more for three quarters or two 2
semesters. Eligibility under this section ceases immediately if this 3
criteria is not met. 4
(iii) Faculty may establish or maintain eligibility for benefits 5
by working for more than one institution of higher education. When 6
faculty work for more than one institution of higher education, those 7
institutions shall prorate the employer contribution costs, or if 8
eligibility is reached through one institution, that institution will 9
pay the full employer contribution. Faculty working for more than one 10
institution must alert his or her employers to his or her potential 11
eligibility in order to establish eligibility. 12
(iv) The employing agency must provide written notice to faculty 13
who are potentially eligible for benefits under this subsection 14
(4)(c) of their potential eligibility. 15
(v) To be eligible for maintenance of benefits through averaging 16
under (c)(ii) of this subsection, faculty must provide written 17
notification to his or her employing agency or agencies of his or her 18
potential eligibility. 19
(vi) For the purposes of this subsection (4)(c):20
(A) "Academic year" means summer, fall, winter, and spring 21
quarters or summer, fall, and spring semesters; 22
(B) "Half-time" means one-half of the full-time academic workload 23
as determined by each institution; except that for community and 24
technical college faculty, half-time academic workload is calculated 25
according to RCW 28B.50.489. 26
(d) A legislator is eligible for benefits on the date his or her 27
term begins. All other elected and full-time appointed officials of 28
the legislative and executive branches of state government are 29
eligible for benefits on the date his or her term begins or they take 30
the oath of office, whichever occurs first. 31
(e) A justice of the supreme court and judges of the court of 32
appeals and the superior courts become eligible for benefits on the 33
date he or she takes the oath of office. 34
(f) Except as provided in (c)(i) and (ii) of this subsection, 35
eligibility ceases for any employee the first of the month following 36
termination of the employment relationship. 37
(g) In determining eligibility under this section, the employing 38
agency may disregard training hours, standby hours, or temporary 39
p. 25 SB 6160
changes in work hours as determined by the authority under this 1
section. 2
(h) Insurance coverage for all eligible employees begins on the 3
first day of the month following the date when eligibility for 4
benefits is established. If the date eligibility is established is 5
the first working day of a month, insurance coverage begins on that 6
date. 7
(i) Eligibility for an employee whose work circumstances are 8
described by more than one of the eligibility categories in (a) 9
through (e) of this subsection shall be determined solely by the 10
criteria of the category that most closely describes the employee's 11
work circumstances. 12
(j) Except for an employee eligible for benefits under (b) or 13
(c)(ii) of this subsection, an employee who has established 14
eligibility for benefits under this section shall remain eligible for 15
benefits each month in which he or she is in pay status for eight or 16
more hours, if (i) he or she remains in a benefits-eligible position 17
and (ii) leave from the benefits-eligible position is approved by the 18
employing agency. A benefits-eligible seasonal employee is eligible 19
for the employer contribution in any month of his or her season in 20
which he or she is in pay status eight or more hours during that 21
month. Eligibility ends if these conditions are not met, the 22
employment relationship is terminated, or the employee voluntarily 23
transfers to a noneligible position. 24
(k) For the purposes of this subsection, the public employees' 25
benefits board shall define "benefits-eligible position."26
(5) The public employees' benefits board may authorize premium 27
contributions for an employee and the employee's dependents in a 28
manner that encourages the use of cost-efficient managed health care 29
systems. 30
(6)(((a))) For any open enrollment period following August 24, 31
2011, the public employees' benefits board shall offer a health 32
savings account option for employees that conforms to section 223, 33
Part VII of subchapter B of chapter 1 of the internal revenue code of 34
1986. The public employees' benefits board shall comply with all 35
applicable federal standards related to the establishment of health 36
savings accounts. 37
(((b) By November 30, 2015, and each year thereafter, the 38
authority shall submit a report to the relevant legislative policy 39
and fiscal committees that includes the following:40
p. 26 SB 6160
(i) Public employees' benefits board health plan cost and service 1
utilization trends for the previous three years, in total and for 2
each health plan offered to employees;3
(ii) For each health plan offered to employees, the number and 4
percentage of employees and dependents enrolled in the plan, and the 5
age and gender demographics of enrollees in each plan;6
(iii) Any impact of enrollment in alternatives to the most 7
comprehensive plan, including the high deductible health plan with a 8
health savings account, upon the cost of health benefits for those 9
employees who have chosen to remain enrolled in the most 10
comprehensive plan.))11
(7) Notwithstanding any other provision of this chapter, for any 12
open enrollment period following August 24, 2011, the public 13
employees' benefits board shall offer a high deductible health plan 14
in conjunction with a health savings account developed under 15
subsection (6) of this section. 16
(8) Employees shall choose participation in one of the health 17
care benefit plans developed by the public employees' benefits board 18
and may be permitted to waive coverage under terms and conditions 19
established by the public employees' benefits board.20
(9) In addition to the benefits offering authority under this 21
chapter, the public employees' benefits board may study, establish 22
evaluation criteria, and, subject to the availability of funding, 23
offer the following employee-paid, voluntary benefits:24
(a) Emergency transportation; 25
(b) Identity protection; 26
(c) Legal aid; 27
(d) Long-term care insurance; 28
(e) Noncommercial personal automobile insurance;29
(f) Personal homeowner's or renter's insurance;30
(g) Pet insurance; 31
(h) Specified disease or illness-triggered fixed payment 32
insurance, hospital confinement fixed payment insurance, or other 33
fixed payment insurance offered as an independent, noncoordinated 34
benefit regulated by the office of the insurance commissioner; and35
(i) Travel insurance. 36
(10) The public employees' benefits board may establish penalties 37
to be imposed by the authority when the eligibility determinations of 38
an employing agency fail to comply with the criteria under this 39
chapter. 40
p. 27 SB 6160
Sec. 205. RCW 74.09.480 and 2023 c 51 s 42 are each amended to 1
read as follows: 2
(1) The authority, in collaboration with the department of 3
health, department of social and health services, health carriers, 4
local public health jurisdictions, children's health care providers 5
including pediatricians, family practitioners, advanced practice 6
registered ((nurse practitioners )) nurses, certified nurse midwives, 7
and pediatric subspecialists, community and migrant health centers, 8
parents, and other purchasers, shall establish a concise set of 9
explicit performance measures that can indicate whether children 10
enrolled in the program are receiving health care through an 11
established and effective medical home, and whether the overall 12
health of enrolled children is improving. Such indicators may 13
include, but are not limited to: 14
(a) Childhood immunization rates; 15
(b) Well child care utilization rates, including the use of 16
behavioral and oral health screening, and validated, structured 17
developmental screens using tools, that are consistent with 18
nationally accepted pediatric guidelines and recommended 19
administration schedule, once funding is specifically appropriated 20
for this purpose; 21
(c) Care management for children with chronic illnesses;22
(d) Emergency room utilization; 23
(e) Visual acuity and eye health; 24
(f) Preventive oral health service utilization; and25
(g) Children's mental health status. In defining these measures 26
the authority shall be guided by the measures provided in RCW 27
71.36.025. 28
Performance measures and targets for each performance measure 29
must be established and monitored each biennium, with a goal of 30
achieving measurable, improved health outcomes for the children of 31
Washington state each biennium. 32
(2) Beginning in calendar year 2009, targeted provider rate 33
increases shall be linked to quality improvement measures established 34
under this section. The authority, in conjunction with those groups 35
identified in subsection (1) of this section, shall develop 36
parameters for determining criteria for increased payment, 37
alternative payment methodologies, or other incentives for those 38
practices and health plans that incorporate evidence-based practice 39
and achieve sustained improvement with respect to the measures.40
p. 28 SB 6160
(((3) The department shall provide a report to the governor and 1
the legislature related to provider performance on these measures, as 2
well as the information collected under RCW 74.09.475, beginning in 3
September 2010 for 2007 through 2009 and the authority shall provide 4
the report biennially thereafter.))5
Sec. 206. RCW 74.09.888 and 2022 c 216 s 4 are each amended to 6
read as follows: 7
(1) To establish and administer RCW 74.09.886, the authority 8
shall: 9
(a)(i) Establish or amend a contract with a coordinating entity 10
to: 11
(A) Assure the availability of access to eligibility 12
determinations services for community support services benefits and 13
permanent supportive housing benefits; 14
(B) Verify that persons meet the eligibility standards of RCW 15
74.09.886(2); 16
(C) Coordinate enrollment in medical assistance programs for 17
persons who meet the eligibility standards of RCW 74.09.886(2), 18
except for actual enrollment in a medical assistance program under 19
this chapter; and 20
(D) Coordinate with a network of community support services 21
providers to arrange with local housing providers for the placement 22
of an eligible person in permanent supportive housing appropriate to 23
the person's needs and assure that community support services are 24
provided to the person by a community support services provider.25
(ii) The primary role of the coordinating entity or entities is 26
administrative and operational, while the authority shall establish 27
the general policy parameters for the work of the coordinating entity 28
or entities. 29
(iii) In selecting the coordinating entity or entities, the 30
authority shall: Choose one or more organizations that are capable of 31
coordinating access to both community support services and permanent 32
supportive housing services to eligible persons under RCW 74.09.886; 33
and select no more than one coordinating entity per region which is 34
served by medicaid managed care organizations; 35
(b) Report to the office for the ongoing monitoring of the 36
program; and 37
(c) Adopt any rules necessary to implement the program.38
p. 29 SB 6160
(2) The authority shall establish a work group to provide 1
feedback to the agency on its foundational community supports program 2
as it aligns with the work of the housing benefit. The work group may 3
include representatives of state agencies, behavioral health 4
administrative services organizations, the coordinating entity or 5
entities, and contracted agencies providing foundational community 6
supports services. Topics may include, but are not limited to, best 7
practices in eligibility screening processes and case rate billing 8
for foundational community supports housing, regional cost 9
differentials, costs consistent with specialized needs, improved data 10
access and data sharing with foundational community supports 11
providers, and requirements related to the use of a common practice 12
tool among community support services providers to integrate social 13
determinants of health into service delivery. The authority, in 14
consultation with foundational community supports providers and their 15
stakeholders, shall engage each region on case management tools and 16
programs, evaluate effectiveness, and inform the appropriate 17
committees of the legislature on the use of case management tools. 18
Case management shall also be a regular item of engagement in the 19
work group. The authority shall convene the work group at least once 20
each quarter and may expand upon, but not duplicate, existing work 21
groups or advisory councils at the authority or other state agencies.22
(3) To support the goals of the program and the goals of other 23
statewide initiatives to identify and address social needs, including 24
efforts within the 1115 waiver renewal to advance health equity and 25
health-related supports, the authority shall work with the office and 26
the department of social and health services to research, identify, 27
and implement statewide universal measures to identify and consider 28
social determinants of health domains, including housing, food 29
security, transportation, financial strain, and interpersonal safety. 30
The authority shall select an accredited or nationally vetted tool, 31
including criteria for prioritization, for the community support 32
services provider to use when making determinations about housing 33
options and other support services to offer individuals eligible for 34
the program. This screening and prioritization process may not 35
exclude clients transitioning from inpatient or other behavioral 36
health residential treatment settings. The authority shall inform the 37
governor and the appropriate committees of the legislature on 38
progress to this end. 39
p. 30 SB 6160
(4)(a) The authority and the department may seek and accept funds 1
from private and federal sources to support the purposes of the 2
program. 3
(b) The authority shall seek approval from the federal department 4
of health and human services to: 5
(i) Receive federal matching funds for administrative costs and 6
services provided under the program to persons enrolled in medicaid;7
(ii) Align the eligibility and benefit standards of the 8
foundational community supports program established pursuant to the 9
waiver, entitled "medicaid transformation project" and initially 10
approved November 2017, between the authority and the federal centers 11
for medicare and medicaid services, as amended and reauthorized, with 12
the standards of the program, including extending the duration of the 13
benefits under the foundational community supports program to not 14
less than 12 months; and 15
(iii) Implement a medical and psychiatric respite care benefit 16
for certain persons enrolled in medicaid. 17
(5)(a) By December 1, 2022, the authority and the office shall 18
report to the governor and the legislature on preparedness for the 19
first year of program implementation, including the estimated 20
enrollment, estimated program costs, estimated supportive housing 21
unit availability, funding availability for the program from all 22
sources, efforts to improve billing and administrative burdens for 23
foundational community supports providers, efforts to streamline 24
continuity of care and system connection for persons who are 25
potentially eligible for foundational community supports, and any 26
statutory or budgetary needs to successfully implement the first year 27
of the program. 28
(b) By December 1, 2023, the authority and the office shall 29
report to the governor and the legislature on the progress of the 30
first year of program implementation and preparedness for the second 31
year of program implementation. 32
(c) By December 1, 2024, the authority and the office shall 33
report to the governor and the legislature on the progress of the 34
first two years of program implementation and preparedness for 35
ongoing housing acquisition and development. 36
(d) By December 1, 2026, the authority and the office shall 37
report to the governor and the legislature on the full implementation 38
of the program, including the number of persons served by the 39
program, available permanent supportive housing units, estimated 40
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unmet demand for the program, ongoing funding requirements for the 1
program, and funding availability for the program from all sources. 2
((Beginning December 1, 2027, the authority and the office shall 3
provide annual updates to the governor and the legislature on the 4
status of the program.))5
Sec. 207. RCW 76.09.350 and 2003 c 39 s 34 are each amended to 6
read as follows: 7
The legislature recognizes the importance of providing the 8
greatest diversity of habitats, particularly riparian, wetland, and 9
old growth habitats, and of assuring the greatest diversity of 10
species within those habitats for the survival and reproduction of 11
enough individuals to maintain the native wildlife of Washington 12
forestlands. The legislature also recognizes the importance of long-13
term habitat productivity for natural and wild fish, for the 14
protection of hatchery water supplies, and for the protection of 15
water quality and quantity to meet the needs of people, fish, and 16
wildlife. The legislature recognizes the importance of maintaining 17
and enhancing fish and wildlife habitats capable of sustaining the 18
commercial and noncommercial uses of fish and wildlife. The 19
legislature further recognizes the importance of the continued growth 20
and development of the state's forest products industry which has a 21
vital stake in the long-term productivity of both the public and 22
private forestland base. 23
The development of a landscape planning system would help achieve 24
these goals. Landowners and resource managers should be provided 25
incentives to voluntarily develop long-term multispecies landscape 26
management plans that will provide protection to public resources. 27
Because landscape planning represents a departure from the use of 28
standard baseline rules and may result in unintended consequences to 29
both the affected habitats and to a landowner's economic interests, 30
the legislature desires to establish up to seven experimental pilot 31
programs to gain experience with landscape planning that may prove 32
useful in fashioning legislation of a more general application.33
(1) Until December 31, 2000, the department in cooperation with 34
the department of fish and wildlife, and the department of ecology 35
when relating to water quality protection, is granted authority to 36
select not more than seven pilot projects for the purpose of 37
developing individual landowner multispecies landscape management 38
plans. 39
p. 32 SB 6160
(a) Pilot project participants must be selected by the department 1
in cooperation with the department of fish and wildlife, and the 2
department of ecology when relating to water quality protection, no 3
later than October 1, 1997. 4
(b) The number and the location of the pilot projects are to be 5
determined by the department in cooperation with the department of 6
fish and wildlife, and the department of ecology when relating to 7
water quality protection, and should be selected on the basis of risk 8
to the habitat and species, variety and importance of species and 9
habitats in the planning area, geographic distribution, surrounding 10
ownership, other ongoing landscape and watershed planning activities 11
in the area, potential benefits to water quantity and quality, 12
financial and staffing capabilities of participants, and other 13
factors that will contribute to the creation of landowner 14
multispecies landscape planning efforts. 15
(c) Each pilot project shall have a landscape management plan 16
with the following elements: 17
(i) An identification of public resources selected for coverage 18
under the plan and measurable objectives for the protection of the 19
selected public resources; 20
(ii) A termination date of not later than 2050;21
(iii) A general description of the planning area including its 22
geographic location, physical and biological features, habitats, and 23
species known to be present; 24
(iv) An identification of the existing forest practices rules 25
that will not apply during the term of the plan; 26
(v) Proposed habitat management strategies or prescriptions;27
(vi) A projection of the habitat conditions likely to result from 28
the implementation of the specified management strategies or 29
prescriptions; 30
(vii) An assessment of habitat requirements and the current 31
habitat conditions of representative species included in the plan;32
(viii) An assessment of potential or likely impacts to 33
representative species resulting from the prescribed forest 34
practices; 35
(ix) A description of the anticipated benefits to those species 36
or other species as a result of plan implementation;37
(x) A monitoring plan; 38
(xi) Reporting requirements including a schedule for review of 39
the plan's performance in meeting its objectives; 40
p. 33 SB 6160
(xii) Conditions under which a plan may be modified, including a 1
procedure for adaptive management; 2
(xiii) Conditions under which a plan may be terminated;3
(xiv) A procedure for adaptive management that evaluates the 4
effectiveness of the plan to meet its measurable public resources 5
objectives, reflects changes in the best available science, and 6
provides changes to its habitat management strategies, prescriptions, 7
and hydraulic project standards to the extent agreed to in the plan 8
and in a timely manner and schedule; 9
(xv) A description of how the plan relates to publicly available 10
plans of adjacent federal, state, tribal, and private timberland 11
owners; and 12
(xvi) A statement of whether the landowner intends to apply for 13
approval of the plan under applicable federal law.14
(2) Until December 31, 2000, the department, in agreement with 15
the department of fish and wildlife, and the department of ecology 16
when the landowner elects to cover water quality in the plan, shall 17
approve a landscape management plan and enter into a binding 18
implementation agreement with the landowner when such departments 19
find, based upon the best scientific data available, that:20
(a) The plan contains all of the elements required under this 21
section including measurable public resource objectives;22
(b) The plan is expected to be effective in meeting those 23
objectives; 24
(c) The landowner has sufficient financial resources to implement 25
the management strategies or prescriptions to be implemented by the 26
landowner under the plan; 27
(d) The plan will: 28
(i) Provide better protection than current state law for the 29
public resources selected for coverage under the plan considered in 30
the aggregate; and 31
(ii) Compared to conditions that could result from compliance 32
with current state law: 33
(A) Not result in poorer habitat conditions over the life of the 34
plan for any species selected for coverage that is listed as 35
threatened or endangered under federal or state law, or that has been 36
identified as a candidate for such listing, at the time the plan is 37
approved; and 38
(B) Measurably improve habitat conditions for species selected 39
for special consideration under the plan; 40
p. 34 SB 6160
(e) The plan shall include watershed analysis or provide for a 1
level of protection that meets or exceeds the protection that would 2
be provided by watershed analysis, if the landowner selects fish or 3
water quality as a public resource to be covered under the plan. Any 4
alternative process to watershed analysis would be subject to timely 5
peer review; 6
(f) The planning process provides for a public participation 7
process during the development of the plan, which shall be developed 8
by the department in cooperation with the landowner.9
The management plans must be submitted to the department and the 10
department of fish and wildlife, and the department of ecology when 11
the landowner elects to cover water quality in the plan, no later 12
than March 1, 2000. The department shall provide an opportunity for 13
public comment on the proposed plan. The comment period shall not be 14
less than forty-five days. The department shall approve or reject 15
plans within one hundred twenty days of submittal by the landowner of 16
a final plan. The decision by the department, in agreement with the 17
department of fish and wildlife, and the department of ecology when 18
the landowner has elected to cover water quality in the plan, to 19
approve or disapprove the management plan is subject to the 20
environmental review process of chapter 43.21C RCW, provided that any 21
public comment period provided for under chapter 43.21C RCW shall run 22
concurrently with the public comment period provided in this 23
subsection (2). 24
(3) After a landscape management plan is adopted:25
(a) Forest practices consistent with the plan need not comply 26
with: 27
(i) The specific forest practices rules identified in the plan; 28
and 29
(ii) Any forest practice rules and policies adopted after the 30
approval of the plan to the extent that the rules:31
(A) Have been adopted primarily for the protection of a public 32
resource selected for coverage under the plan; or 33
(B) Provide for procedural or administrative obligations 34
inconsistent with or in addition to those provided for in the plan 35
with respect to those public resources; and 36
(b) If the landowner has selected fish as one of the public 37
resources to be covered under the plan, the plan shall serve as the 38
hydraulic project approval for the life of the plan, in compliance 39
with RCW ((77.55.100)) 77.55.021. 40
p. 35 SB 6160
(4) The department is authorized to issue a single landscape 1
level permit valid for the life of the plan to a landowner who has an 2
approved landscape management plan and who has requested a landscape 3
permit from the department. Landowners receiving a landscape level 4
permit shall meet annually with the department and the department of 5
fish and wildlife, and the department of ecology where water quality 6
has been selected as a public resource to be covered under the plan, 7
to review the specific forest practices activities planned for the 8
next twelve months and to determine whether such activities are in 9
compliance with the plan. The departments will consult with the 10
affected Indian tribes and other interested parties who have 11
expressed an interest in connection with the review. The landowner is 12
to provide ten calendar days' notice to the department prior to the 13
commencement of any forest practices authorized under a landscape 14
level permit. The landscape level permit will not impose additional 15
conditions relating to the public resources selected for coverage 16
under the plan beyond those agreed to in the plan. For the purposes 17
of chapter 43.21C RCW, forest practices conducted in compliance with 18
an approved plan are deemed not to have the potential for a 19
substantial impact on the environment as to any public resource 20
selected for coverage under the plan. 21
(5) Except as otherwise provided in a plan, the agreement 22
implementing the landscape management plan is an agreement that runs 23
with the property covered by the approved landscape management plan 24
and the department shall record notice of the plan in the real 25
property records of the counties in which the affected properties are 26
located. Prior to its termination, no plan shall permit forestland 27
covered by its terms to be withdrawn from such coverage, whether by 28
sale, exchange, or other means, nor to be converted to nonforestry 29
uses except to the extent that such withdrawal or conversion would 30
not measurably impair the achievement of the plan's stated public 31
resource objectives. If a participant transfers all or part of its 32
interest in the property, the terms of the plan still apply to the 33
new landowner for the plan's stated duration unless the plan is 34
terminated under its terms or unless the plan specifies the 35
conditions under which the terms of the plan do not apply to the new 36
landowner. 37
(6) The departments of natural resources, fish and wildlife, and 38
ecology shall seek to develop memorandums of agreements with federal 39
agencies and affected Indian tribes relating to tribal issues in the 40
p. 36 SB 6160
landscape management plans. The departments shall solicit input from 1
affected Indian tribes in connection with the selection, review, and 2
approval of any landscape management plan. If any recommendation is 3
received from an affected Indian tribe and is not adopted by the 4
departments, the departments shall provide a written explanation of 5
their reasons for not adopting the recommendation. 6
(((7) The department is directed to report to the forest 7
practices board annually through the year 2000, but no later than 8
December 31st of each year, on the status of each pilot project. The 9
department is directed to provide to the forest practices board, no 10
later than December 31, 2000, an evaluation of the pilot projects 11
including a determination if a permanent landscape planning process 12
should be established along with a discussion of what legislative and 13
rule modifications are necessary.))14
Sec. 208. RCW 76.09.360 and 1997 c 290 s 2 are each amended to 15
read as follows: 16
The department together with the department of fish and wildlife, 17
and the department of ecology relating to water quality protection, 18
shall develop a suitable process to permit landowners to secure all 19
permits required for the conduct of forest practices in a single 20
multiyear permit to be jointly issued by the departments ((and the 21
departments shall report their findings to the legislature not later 22
than December 31, 2000)). 23
Sec. 209. RCW 76.09.368 and 2002 c 120 s 4 are each amended to 24
read as follows: 25
(1) The legislature intends that small forestland owners have 26
access to alternate plan processes or alternate harvest restrictions, 27
or both if necessary, that meet the public resource protection 28
standard set forth in RCW 76.09.370(3), but which also lowers the 29
overall cost of regulation to small forestland owners including, but 30
not limited to, timber value forgone, layout costs, and operating 31
costs. The forest practices board shall consult with the small 32
forestland owner office advisory committee in developing these 33
alternate approaches. ((By July 1, 2003, the forest practices board 34
shall provide the legislature with a written report that describes 35
the board's progress in developing alternate plan processes or 36
alternate harvest restrictions, or both if necessary, that meet 37
legislative intent.))38
p. 37 SB 6160
(2) As used in this section, "small forestland owner" has the 1
same meaning as defined in RCW 76.13.120(2). 2
Sec. 210. RCW 76.09.420 and 2003 c 311 s 4 are each amended to 3
read as follows: 4
(1) The board must amend the forest practices rules relating to 5
road maintenance and abandonment plans that exist on May 14, 2003, to 6
reflect the following: 7
(a) A forestland owner who owns a total of eighty acres or less 8
of forestland in Washington is not required to submit a road 9
maintenance and abandonment plan for any block of forestland that is 10
twenty contiguous acres or less in area; 11
(b) A landowner who satisfies the definition of a small 12
forestland owner, but who does not qualify under (a) of this 13
subsection, is only required to submit a checklist road maintenance 14
and abandonment plan with the abbreviated content requirements 15
provided for in subsection (3) of this section, and is not required 16
to comply with annual reporting and review requirements; and17
(c) Existing forest roads must be maintained only to the extent 18
necessary to prevent damage to public resources. 19
(2) The department must provide a landowner who is either 20
exempted from submitting a road maintenance and abandonment plan 21
under subsection (1)(a) of this section, or who qualifies for a 22
checklist road maintenance and abandonment plan under subsection 23
(1)(b) of this section, with an educational brochure outlining road 24
maintenance standards and requirements. In addition, the department 25
must develop a series of nonmandatory educational workshops on the 26
rules associated with road construction and maintenance.27
(3)(a) A landowner who qualifies for a checklist road maintenance 28
and abandonment plan under subsection (1)(b) of this section is only 29
required to submit a checklist, designed by the department in 30
consultation with the small forestland owner office advisory 31
committee created in RCW 76.13.110, that confirms that the landowner 32
is applying the checklist criteria to forest roads covered or 33
affected by a forest practices application or notification. When 34
developing the checklist road maintenance and abandonment plan, the 35
department shall ensure that the checklist does not exceed current 36
state law. Nothing in this subsection increases or adds to small 37
forestland owners' duties or responsibilities under any other section 38
of the forest practices rules or any other state law or rule.39
p. 38 SB 6160
(b) A landowner who qualifies for the checklist road maintenance 1
and abandonment plan is not required to submit the checklist before 2
the time that he or she submits a forest practices application or 3
notification for final or intermediate harvesting, or for salvage of 4
trees. The department may encourage and accept checklists prior to 5
the time that they are due. 6
(4) ((The department must monitor the extent of the checklist 7
road maintenance and abandonment plan approach and report its 8
findings to the appropriate committees of the legislature by December 9
31, 2008, and December 31, 2013.10
(5))) The board shall adopt emergency rules under RCW 34.05.090 11
by October 31, 2003, to implement this section. The emergency rules 12
shall remain in effect until permanent rules can be adopted. The 13
forest practices rules that relate to road maintenance and 14
abandonment plans shall remain in effect as they existed on May 14, 15
2003, until emergency rules have been adopted under this section.16
(((6))) (5) This section is only intended to relate to the 17
board's duties as they relate to the road maintenance and abandonment 18
plan element of the forests and fish report. Nothing in this section 19
alters any forestland owner's duties and responsibilities under any 20
other section of the forest practices rules, or any other state law 21
or rule. 22
Sec. 211. RCW 79.110.240 and 2017 c 19 s 1 are each amended to 23
read as follows: 24
(1) Until July 1, 2030, the charge for the term of an easement 25
granted under RCW 79.110.230(2) will be determined as follows and 26
will be paid in advance upon grant of the easement:27
(a) Five thousand dollars for individual easement crossings that 28
are no longer than one mile in length; 29
(b) Twelve thousand five hundred dollars for individual easement 30
crossings that are more than one mile but less than five miles in 31
length; or 32
(c) Twenty thousand dollars for individual easement crossings 33
that are five miles or more in length. 34
(2) The charge for easements under subsection (1) of this section 35
must be adjusted annually by the rate of yearly change in the most 36
recently published Seattle-Tacoma-Bremerton consumer price index, all 37
urban consumers (CPI-U), over the consumer price index for the same 38
period of the preceding year, as compiled by the bureau of labor 39
p. 39 SB 6160
statistics, United States department of labor for the state of 1
Washington rounded up to the nearest fifty dollars.2
(3) The term of the easement is thirty years or a period of less 3
than thirty years if requested by the person or entity seeking the 4
easement. 5
(4) In addition to the charge for the easement under subsection 6
(1) of this section, the department may recover its administrative 7
costs incurred in receiving an application for the easement, 8
approving the easement, and reviewing plans for and construction of 9
the public utility lines. For the purposes of this subsection, 10
"administrative costs" is equivalent to twenty percent of the fee for 11
the easement as determined under subsection (1) of this section and 12
adjusted under subsection (2) of this section. For public utility 13
lines owned by a governmental entity, the administrative costs will 14
be calculated based on the length of the easement and the fee that it 15
would be charged if it were subject to the easement charges in this 16
section. When multiple public utility lines are owned by the same 17
entity and are authorized under the same easement, the administrative 18
fee for the easement shall be equal to twenty percent of the easement 19
fee for the single longest public utility line. Administrative costs 20
recovered by the department must be deposited into the resource 21
management cost account. 22
(5) Applicants under RCW 79.110.230(2) providing a residence with 23
an individual service connection for electrical, natural gas, cable 24
television, or telecommunications service are not required to pay the 25
charge for the easement under subsection (1) of this section but 26
shall pay administrative costs under subsection (4) of this section.27
(6) A final decision on applications for an easement must be made 28
within one hundred twenty days after the department receives the 29
completed application and after all applicable regulatory permits for 30
the aquatic easement have been acquired. This subsection applies to 31
applications submitted before June 13, 2002, as well as to 32
applications submitted on or after June 13, 2002. Upon request of the 33
applicant, the department may reach a decision on an application 34
within sixty days and charge an additional fee for an expedited 35
processing. The fee for an expedited processing is ten percent of the 36
combined total of the easement charge and administrative costs.37
(((7) Beginning December 31, 2021, every four years the 38
legislature shall review the granting of easements on state-owned 39
aquatic lands under this chapter and determine whether all 40
p. 40 SB 6160
applications for easements are processed within one hundred twenty 1
days for normal processing of applications and sixty days for 2
expedited processing of applications, and whether the granting of 3
easements on state-owned aquatic lands generates reasonable income 4
for the aquatic lands enhancement account.))5
Sec. 212. RCW 79.13.060 and 2022 c 194 s 1 are each amended to 6
read as follows: 7
(1) State lands may be leased not to exceed ten years with the 8
following exceptions: 9
(a) The lands may be leased for agricultural purposes not to 10
exceed twenty-five years, except: 11
(i) Leases that authorize tree fruit or grape production may be 12
for up to fifty-five years; 13
(ii) Share crop leases may not exceed ten years;14
(b) The lands may be leased for commercial, industrial, business, 15
or recreational purposes not to exceed fifty-five years, except:16
(i) Leases for commercial, industrial, or business purposes may 17
extend to 99 years; 18
(ii) All leases for commercial, industrial, or business purposes 19
that extend beyond 55 years must provide for periodic rental 20
reevaluation and adjustment, except leases with rentals based on a 21
percentage of income; 22
(((iii) All leases for commercial, industrial, or business 23
purposes that extend terms beyond 55 years must be reported to the 24
office of financial management and the appropriate committees of the 25
legislature within 30 days of the date of execution of the lease. The 26
report must include a financial analysis that justifies the financial 27
benefit for the added term and the schedule for periodic rental 28
adjustments;))29
(c) The lands may be leased for public school, college, or 30
university purposes not to exceed seventy-five years;31
(d) The lands may be leased for residential purposes not to 32
exceed ninety-nine years; and 33
(e) The lands and development rights on state lands held for the 34
benefit of the common schools may be leased to public agencies, as 35
defined in RCW 79.17.200, not to exceed ninety -nine years. The leases 36
may include provisions for renewal of lease terms.37
p. 41 SB 6160
(2) No lessee of state lands may remain in possession of the land 1
after the termination or expiration of the lease without the written 2
consent of the department. 3
(a) The department may authorize a lease extension for a specific 4
period beyond the term of the lease for cropping improvements for the 5
purpose of crop rotation. These improvements shall be deemed 6
authorized improvements under RCW 79.13.030. 7
(b) Upon expiration of the lease term, the department may allow 8
the lessee to continue to hold the land for a period not exceeding 9
one year upon such rent, terms, and conditions as the department may 10
prescribe, if the leased land is not otherwise utilized.11
(c) Upon expiration of the one-year lease extension, the 12
department may issue a temporary permit to the lessee upon terms and 13
conditions it prescribes if the department has not yet determined the 14
disposition of the land for other purposes. 15
(d) The temporary permit shall not extend beyond a five-year 16
period. 17
(3) If during the term of the lease of any state lands for 18
agricultural, grazing, commercial, residential, business, or 19
recreational purposes, in the opinion of the department it is in the 20
best interest of the state so to do, the department may, on the 21
application of the lessee and in agreement with the lessee, alter and 22
amend the terms and conditions of the lease. The sum total of the 23
original lease term and any extension thereof shall not exceed the 24
limits provided in this section. 25
(4) The department must include in the text of any grazing leases 26
language that explains the right of access, and associated assumption 27
of liability, created in RCW 76.04.021. 28
Sec. 213. RCW 47.56.880 and 2019 c 421 s 11 are each amended to 29
read as follows: 30
(1) The imposition of tolls for express toll lanes on Interstate 31
405 between Interstate 5 on the north end in the city of Lynnwood and 32
Interstate 5 on the south end in the city of Tukwila, and for state 33
route number 167 between Interstate 405 on the north end and state 34
route number 512 on the south end is authorized. Interstate 405 and 35
state route number 167 are designated an eligible toll facility, and 36
toll revenue generated in the corridor must only be expended on the 37
Interstate 405 and state route number 167 projects as identified in 38
each corridor's master plan and as allowed under RCW 47.56.820.39
p. 42 SB 6160
(2) Tolls for the express toll lanes must be set as follows:1
(a) The schedule of toll rates must be set by the tolling 2
authority pursuant to RCW 47.56.850. Toll rates may vary in amount by 3
time of day, level of traffic congestion within the highway facility, 4
or other criteria, as the tolling authority deems appropriate.5
(b) In those locations with two express toll lanes in each 6
direction, the toll rate must be the same in both lanes.7
(c) Toll charges may not be assessed on transit buses and 8
vanpools. 9
(d) The department shall establish performance standards for 10
travel time, speed, and reliability for the express toll lanes 11
project. The department must automatically adjust the toll rate 12
within the schedule established by the tolling authority, using 13
dynamic tolling, to maintain the goal that average vehicle speeds in 14
the lanes remain above forty-five miles per hour at least ninety 15
percent of the time during peak hours. 16
(e) The tolling authority shall periodically review the toll 17
rates against traffic performance of all lanes to determine if the 18
toll rates are effectively maintaining travel time, speed, and 19
reliability on the highway facilities. 20
(f)(i) Toll charges may not be assessed on carpools with two or 21
more people in the vehicle on the portion of Interstate 405 between 22
Bellevue and state route number 167 for at least the first year 23
following the initial imposition of tolls on that portion of the 24
express toll lanes, contingent upon the analysis described in (f)(ii) 25
of this subsection. 26
(ii) The department must analyze the effect of (f)(i) of this 27
subsection utilizing forecasting and modeling data and present the 28
results of the analysis to the tolling authority. If the analysis 29
indicates that the express toll lanes on the portion of Interstate 30
405 between Bellevue and state route number 167 will not cover the 31
financial obligations outlined in RCW 47.56.884(4), then the 32
restriction on toll charges in (f)(i) of this subsection will not be 33
implemented and the department must provide the transportation 34
committees of the legislature with a report, within thirty days, that 35
provides options for not assessing toll charges on carpools with two 36
or more people in the vehicle, which also meet the financial 37
obligations outlined in RCW 47.56.884(4). 38
(g) After the bonds issued pursuant to RCW 47.10.896(1)(a) are 39
retired, the tolling authority must reduce the toll rates 40
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commensurate with this reduction in the amount of toll revenues 1
required from the express toll lanes. 2
(3) The department shall work with local jurisdictions to 3
minimize and monitor impacts to local streets and, after consultation 4
with local jurisdictions, recommend mitigation measures to the 5
legislature in those locations where it is appropriate.6
(4) ((The department shall monitor the express toll lanes and 7
shall annually report to the transportation commission and the 8
legislature on the impacts from the project on the following 9
performance measures:10
(a) Whether the express toll lanes maintain speeds of forty-five 11
miles per hour at least ninety percent of the time during peak 12
periods, and any alternate metric determined by the department in 13
conjunction with the federal highway administration;14
(b) Whether the average traffic speed changed in the general 15
purpose lanes;16
(c) Whether transit ridership changed;17
(d) Whether the actual use of the express toll lanes is 18
consistent with the projected use;19
(e) Whether the express toll lanes generated sufficient revenue 20
to pay for all express toll lane-related operating costs; and21
(f) Whether travel times and volumes have increased or decreased 22
on adjacent local streets and state highways.23
(5))) The department, in consultation with the transportation 24
commission, shall consider making operational changes necessary to 25
fix any unintended consequences of implementing the express toll 26
lanes. 27
(((6))) (5) A violation of the lane restrictions applicable to 28
the express toll lanes established under this section is a traffic 29
infraction. 30
Sec. 214. RCW 47.04.280 and 2021 c 153 s 1 are each amended to 31
read as follows: 32
(1) It is the intent of the legislature to establish policy goals 33
for the planning, operation, performance of, and investment in, the 34
state's transportation system. Public investments in transportation 35
should support achievement of these policy goals: 36
(a) Preservation: To maintain, preserve, and extend the life and 37
utility of prior investments in transportation systems and services, 38
including the state ferry system; 39
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(b) Safety: To provide for and improve the safety and security of 1
transportation customers and the transportation system;2
(c) Stewardship: To continuously improve the quality, 3
effectiveness, resilience, and efficiency of the transportation 4
system; 5
(d) Mobility: To improve the predictable movement of goods and 6
people throughout Washington state, including congestion relief and 7
improved freight mobility; 8
(e) Economic vitality: To promote and develop transportation 9
systems that stimulate, support, and enhance the movement of people 10
and goods to ensure a prosperous economy; and 11
(f) Environment: To enhance Washington's quality of life through 12
transportation investments that promote energy conservation, enhance 13
healthy communities, and protect the environment. 14
(2) The powers, duties, and functions of state transportation 15
agencies must be performed in a manner consistent with the policy 16
goals set forth in subsection (1) of this section with preservation 17
and safety being priorities. 18
(3) These policy goals are intended to be the basis for 19
establishing detailed and measurable objectives and related 20
performance measures. 21
(4) It is the intent of the legislature that the office of 22
financial management, in consultation with the transportation 23
commission, establish objectives and performance measures for the 24
department and other state agencies with transportation-related 25
responsibilities to ensure transportation system performance at 26
local, regional, and state government levels progresses toward the 27
attainment of the policy goals set forth in subsection (1) of this 28
section. ((The office of financial management shall submit objectives 29
and performance measures to the legislature for its review and shall 30
provide copies of the same to the commission during each regular 31
session of the legislature during an even-numbered year thereafter.))32
(5) A local or regional agency engaging in transportation 33
planning may voluntarily establish objectives and performance 34
measures to demonstrate progress toward the attainment of the policy 35
goals set forth in subsection (1) of this section or any other 36
transportation policy goals established by the local or regional 37
agency. A local or regional agency engaging in transportation 38
planning is encouraged to provide local and regional objectives and 39
performance measures to be included with the objectives and 40
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performance measures submitted to the legislature pursuant to 1
subsection (4) of this section. 2
(6) This section does not create a private right of action.3
Sec. 215. RCW 54.16.425 and 2021 c 294 s 4 are each amended to 4
read as follows: 5
(1) Property owned by a public utility district that is exempt 6
from property tax under RCW 84.36.010 is subject to an annual payment 7
in lieu of property taxes if the property consists of a broadband 8
infrastructure used in providing retail telecommunications services.9
(2)(a) The amount of the payment must be determined jointly and 10
in good faith negotiation between the public utility district that 11
owns the property and the county or counties in which the property is 12
located. 13
(b) The amount agreed upon may not exceed the property tax amount 14
that would be owed on the property comprising the broadband 15
infrastructure used in providing retail telecommunications services 16
as calculated by the department of revenue. The public utility 17
district must provide information necessary for the department of 18
revenue to make the required valuation under this subsection. The 19
department of revenue must provide the amount of property tax that 20
would be owed on the property to the county or counties in which the 21
broadband infrastructure is located on an annual basis.22
(c) If the public utility district and a county cannot agree on 23
the amount of the payment in lieu of taxes, either party may invoke 24
binding arbitration by providing written notice to the other party. 25
In the event that the amount of payment in lieu of taxes is submitted 26
to binding arbitration, the arbitrators must consider the government 27
services available to the public utility district's broadband 28
infrastructure used in providing retail telecommunications services. 29
The public utility district and county must each select one 30
arbitrator, the two of whom must pick a third arbitrator. Costs of 31
the arbitration, including compensation for the arbitrators' 32
services, must be borne equally by the parties participating in the 33
arbitration. 34
(3) By April 30th of each year, a public utility district must 35
remit the annual payment to the county treasurer of each county in 36
which the public utility district's broadband infrastructure used in 37
providing retail telecommunications services is located in a form and 38
manner required by the county treasurer. 39
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(4) The county must distribute the amounts received under this 1
section to all property taxing districts, including the state, in 2
appropriate tax code areas in the same proportion as it would 3
distribute property taxes from taxable property. 4
(((5) By December 1, 2019, and annually thereafter, the 5
department of revenue must submit a report to the appropriate 6
legislative committees detailing the amount of payments made under 7
this section and the amount of property tax that would be owed on the 8
property comprising the broadband infrastructure used in providing 9
retail telecommunications services.))10
Sec. 216. RCW 82.08.9999 and 2022 c 182 s 305 are each amended 11
to read as follows: 12
(1) Beginning August 1, 2019, with sales made or lease agreements 13
signed on or after the qualification period start date:14
(a) The tax levied by RCW 82.08.020 does not apply as provided in 15
(b) of this subsection to sales or leases of new or used passenger 16
cars, light duty trucks, and medium duty passenger vehicles that:17
(i) Are exclusively powered by a clean alternative fuel; or18
(ii) Use at least one method of propulsion that is capable of 19
being reenergized by an external source of electricity and are 20
capable of traveling at least 30 miles using only battery power; and21
(iii)(A) Have a vehicle selling price plus trade-in property of 22
like kind for purchased vehicles that: 23
(I) For a vehicle that is a new vehicle at the time of the 24
purchase date or the date the lease agreement was signed, does not 25
exceed $45,000; or 26
(II) For a vehicle that is a used vehicle at the time of the 27
purchase date or the date the lease agreement was signed, does not 28
exceed $30,000; or 29
(B) Have a fair market value at the inception of the lease for 30
leased vehicles that: 31
(I) For a vehicle that is a new vehicle at the time of the 32
purchase date or the date the lease agreement was signed, does not 33
exceed $45,000; or 34
(II) For a vehicle that is a used vehicle at the time of the 35
purchase date or the date the lease agreement was signed, does not 36
exceed $30,000; 37
(b)(i) The exemption in this section is applicable for up to the 38
amounts specified in (b)(ii) or (iii) of this subsection of:39
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(A) The total amount of the vehicle's selling price, for sales 1
made; or 2
(B) The total lease payments made plus any additional selling 3
price of the leased vehicle if the original lessee purchases the 4
leased vehicle before the qualification period end date, for lease 5
agreements signed. 6
(ii) Based on the purchase date or the date the lease agreement 7
was signed of the vehicle if the vehicle is a new vehicle at the time 8
of the purchase date or the date the lease agreement was signed:9
(A) From the qualification period start date until July 31, 2021, 10
the maximum amount eligible under (b)(i) of this subsection is 11
$25,000; 12
(B) From August 1, 2021, until July 31, 2023, the maximum amount 13
eligible under (b)(i) of this subsection is $20,000;14
(C) From August 1, 2023, until July 31, 2025, the maximum amount 15
eligible under (b)(i) of this subsection is $15,000.16
(iii) If the vehicle is a used vehicle at the time of the 17
purchase date or the date the lease agreement was signed, the maximum 18
amount eligible under (b)(i) of this subsection is $16,000.19
(2) The seller must keep records necessary for the department to 20
verify eligibility under this section. A person claiming the 21
exemption must also submit itemized information to the department for 22
all vehicles for which an exemption is claimed that must include the 23
following: Vehicle make; vehicle model; model year; whether the 24
vehicle has been sold or leased; date of sale or start date of lease; 25
length of lease; sales price for purchased vehicles and fair market 26
value at the inception of the lease for leased vehicles; and the 27
total amount qualifying for the incentive claimed for each vehicle, 28
in addition to the future monthly amount to be claimed for each 29
leased vehicle. This information must be provided in a form and 30
manner prescribed by the department. 31
(3)(a) The department of licensing must maintain and publish a 32
list of all vehicle models qualifying for the tax exemptions under 33
this section or RCW 82.12.9999 until the expiration date of this 34
section, and is authorized to issue final rulings on vehicle model 35
qualification for these criteria. A seller is not responsible for 36
repayment of the tax exemption under this section and RCW 82.12.9999 37
for a vehicle if the department of licensing's published list of 38
qualifying vehicle models on the purchase date or the date the lease 39
agreement was signed includes the vehicle model and the department of 40
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licensing subsequently removes the vehicle model from the published 1
list, and, if applicable, the vehicle meets the qualifying criterion 2
under subsection (1)(a)(iii)(B) of this section and RCW 3
82.12.9999(1)(a)(iii)(B). 4
(b) The department of revenue retains responsibility for 5
determining whether a vehicle meets the applicable qualifying 6
criterion under subsection (1)(a)(iii)(B) of this section and RCW 7
82.12.9999(1)(a)(iii)(B). 8
(4) ((By the last day of October 2019, and every six months 9
thereafter until this section expires, based on the best available 10
data, the department must report the following information to the 11
transportation committees of the legislature: The cumulative number 12
of vehicles that qualified for the exemption under this section and 13
RCW 82.12.9999 by month of purchase or lease start and vehicle make 14
and model; the dollar amount of all state retail sales and use taxes 15
exempted on or after the qualification period start date, under this 16
section and RCW 82.12.9999; and estimates of the future costs of 17
leased vehicles that qualified for the exemption under this section 18
and RCW 82.12.9999.19
(5))) The definitions in this subsection apply throughout this 20
section unless the context clearly requires otherwise.21
(a) "Clean alternative fuel" means natural gas, propane, 22
hydrogen, or electricity, when used as a fuel in a motor vehicle that 23
meets the California motor vehicle emission standards in Title 13 of 24
the California Code of Regulations, effective January 1, 2019, and 25
the rules of the Washington state department of ecology.26
(b) "Fair market value" has the same meaning as "value of the 27
article used" in RCW 82.12.010. 28
(c) "New vehicle" has the same meaning as "new motor vehicle" in 29
RCW 46.04.358. 30
(d) "Qualification period end date" means August 1, 2025.31
(e) "Qualification period start date" means August 1, 2019.32
(f) "Used vehicle" has the same meaning as in RCW 46.04.660.33
(((6))) (5)(a) Sales of vehicles delivered to the buyer or leased 34
vehicles for which the lease agreement was signed after the 35
qualification period end date do not qualify for the exemption under 36
this section. 37
(b) All leased vehicles that qualified for the exemption under 38
this section before the qualification period end date must continue 39
to receive the exemption as described under subsection (1)(b) of this 40
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section on any lease payments due through the remainder of the lease 1
before August 1, 2028. 2
(((7))) (6) This section expires August 1, 2028.3
(((8))) (7) This section is supported by the revenues generated 4
in RCW 46.17.324, and therefore takes effect only if RCW 46.17.324 is 5
enacted by June 30, 2019. 6
Sec. 217. RCW 82.14.470 and 2011 c 363 s 4 are each amended to 7
read as follows: 8
(1)(a)(i) Moneys collected from the taxes imposed under RCW 9
82.14.465 may be used only for the following purposes:10
(A) Principal and interest payments on bonds issued to finance or 11
refinance public improvements in a benefit zone under the authority 12
of RCW 39.100.060; 13
(B) Principal and interest payments on other bonds issued by the 14
local government to finance public improvements; or15
(C) Payments for public improvement costs. 16
(ii) Moneys collected and used as provided in (a)(i) of this 17
subsection must be matched with an amount from local public sources 18
dedicated, as further provided in RCW 82.14.465 (4)(c)(ii) and 19
(7)(k), through December 31st of the previous calendar year to 20
finance public improvements authorized under chapter 39.100 RCW.21
(b) Local public sources are dedicated to finance public 22
improvements if they: (i) Are actually expended to pay public 23
improvement costs or debt service on bonds issued for public 24
improvements; or (ii) are required by law or an agreement to be used 25
exclusively to pay public improvement costs or debt service on bonds 26
issued for public improvements. 27
(c) A city, town, or county is not required to expend taxes 28
imposed under RCW 82.14.465 in the fiscal year in which the taxes are 29
received. 30
(2) A local government must inform the department by the first 31
day of March of the amount of local public sources allocated to the 32
preceding calendar year to finance public improvements authorized 33
under chapter 39.100 RCW. 34
(3) If a local government fails to comply with subsection (2) of 35
this section, no tax may be imposed under RCW 82.14.465 in the 36
subsequent fiscal year. 37
(4)(a) A local government must provide a report to the department 38
and the state auditor by March 1st of each year. A local government 39
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must make a good faith effort to provide information required for the 1
report. 2
(b) The report must contain the following information:3
(i) The amount of tax allocation revenues, taxes under RCW 4
82.14.465, and local public sources received by the local government 5
during the preceding calendar year, and a summary of how these 6
revenues were expended; and 7
(ii) The names of any businesses known to the local government 8
that have located within the benefit zone as a result of the public 9
improvements undertaken by the local government and financed in whole 10
or in part with hospital benefit zone financing. 11
(((5) The department must make a report available to the public 12
and the legislature by June 1st of each year. The report must include 13
a list of public improvements undertaken by local governments and 14
financed in whole or in part with hospital benefit zone financing, 15
and it must also include a summary of the information provided to the 16
department by local governments under subsection (4) of this 17
section.))18
Sec. 218. RCW 28A.188.070 and 2011 2nd sp.s. c 1 s 4 are each 19
amended to read as follows: 20
(1) Subject to funds appropriated for this purpose, the office of 21
the superintendent of public instruction shall allocate grants to 22
high schools to implement specialized courses in science, technology, 23
engineering, and mathematics (STEM) careers as provided by a national 24
multidisciplinary science, technology, engineering, and mathematics 25
program. Grant funds must be allocated on a one -time basis and may be 26
used to purchase course curriculum and equipment, initial course 27
student materials, and support professional development for course 28
teachers. 29
(2) The superintendent of public instruction must select grant 30
recipients based on the criteria in this subsection (2). This is a 31
competitive grant process. Successful high school applicants must:32
(a) Demonstrate engaged and committed high school and district 33
leadership and faculty in support of expanding specialized STEM 34
courses; 35
(b) Demonstrate that faculty are appropriately trained to offer 36
specialized STEM courses or a plan for faculty to obtain the 37
appropriate training; 38
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(c) Demonstrate capacity to offer the specialized STEM courses 1
and maximize the use of grant resources by addressing: Availability 2
of appropriate physical space, meeting program technology 3
requirements, providing projected enrollment at the high school and 4
from area high schools as appropriate, planned hours and days each 5
week the program is to be offered, and other specific program 6
requirements set forth by the superintendent of public instruction;7
(d) Provide the plan for course implementation that includes a 8
beginning date for first classes as well as plans for recruiting and 9
retaining students in the course; 10
(e) Provide a plan to promote opportunities for students to 11
acquire college credit; 12
(f) Demonstrate a history of successful partnerships within the 13
community and partner support for implementing specialized STEM 14
courses. Partner support may include one or more of the following: 15
Supplying materials, instruction support, internships, mentorships, 16
apprenticeships, and other program components; 17
(g) Demonstrate connections to community and technical college 18
programs as well as links to four -year higher education institution 19
STEM programs; and 20
(h) Demonstrate capacity to continue the course in years 21
succeeding the initial grant year. 22
(((3)(a) The education data center in the office of financial 23
management must, with the office of the superintendent of public 24
instruction, collect student course enrollment and course completion 25
information.26
(b) The education data center must: (i) Study mathematics and 27
science course-taking patterns of students completing specialized 28
STEM courses; and (ii) follow the students to employment or further 29
training and education in the two years following high school. This 30
study must be designed to inform policymakers about the extent to 31
which specialized science, technology, engineering, and mathematics 32
classes taken by students reduce mathematics remediation of students 33
entering the workplace, apprenticeships, community and technical 34
colleges, and four -year institutions of higher education. Study 35
findings must be reported annually beginning January 2014 and each 36
January thereafter through January 2018 to the governor, appropriate 37
state agencies, and the appropriate education and fiscal committees 38
of the legislature.))39
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Sec. 219. RCW 28A.700.100 and 2011 2nd sp.s. c 1 s 2 are each 1
amended to read as follows: 2
(1)(((a))) Subject to funds appropriated for this purpose, the 3
office of the superintendent of public instruction shall allocate 4
grants to high schools to implement a training program to prepare 5
students for employment as entry -level aerospace assemblers. Grant 6
funds must be allocated on a one -time basis and may be used to 7
purchase or improve course curriculum, purchase course equipment, and 8
support professional development for course teachers. The office of 9
the superintendent of public instruction shall consult and team with 10
the community and technical colleges' center of excellence for 11
aerospace and advanced materials manufacturing regarding the 12
developing aerospace program of study and industry career needs. This 13
information must assist the office of the superintendent of public 14
instruction in refining specific aspects to the criteria in (((b) of 15
this)) subsection (2) of this section and leveraging advantages and 16
opportunities for students in selected high schools.17
(((b))) (2) The superintendent of public instruction must select 18
grant recipients based on the criteria in this subsection (((1)(b))) 19
(2). This is a competitive grant process. Successful high school 20
applicants must: 21
(((i))) (a) Demonstrate engaged and committed high school and 22
district leadership and faculty in support of the aerospace assembler 23
program; 24
(((ii))) (b) Demonstrate capacity to offer the program and 25
maximize the use of grant resources addressing: Availability of 26
appropriate physical space, meeting program technology requirements, 27
providing projected enrollment from the high school as well as from 28
other area high schools as appropriate, planned hours and days each 29
week the program is to be offered, and other specific program 30
requirements set forth by the office of the superintendent of public 31
instruction; 32
(((iii))) (c) Demonstrate linkages to programs at local community 33
and technical colleges and private technical schools to provide a 34
seamless pathway for students to continue their education and career 35
preparation beyond high school; 36
(((iv))) (d) Demonstrate a history of successful partnerships 37
within the community and partner support for implementing an entry-38
level aerospace assembler program that includes one or more of the 39
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following: Apprenticeships, supplying materials, instruction support, 1
internships, mentorships, and other program components;2
(((v))) (e) Provide the plan for program implementation that 3
includes a beginning date for first classes as well as plans for 4
recruiting and retaining students in the course; and5
(((vi))) (f) Demonstrate capacity to continue the program in 6
years succeeding the initial grant year. 7
(((2) The education data center in the office of financial 8
management must collect aerospace assembler program student 9
participation and completion data for grant recipient high schools. 10
The center must follow students to employment or further training and 11
education in the two years following the students' completion of the 12
program. Findings must be reported beginning in January 2014 and each 13
January thereafter through January 2018 to the governor, the office 14
of the superintendent of public instruction, other appropriate state 15
agencies, and the appropriate education and fiscal committees of the 16
legislature.))17
Sec. 220. RCW 28A.700.110 and 2011 2nd sp.s. c 1 s 3 are each 18
amended to read as follows: 19
(1) Subject to funds appropriated for this purpose, the office of 20
the superintendent of public instruction shall allocate grants to 21
skill centers to implement enhanced manufacturing skills programs. 22
Grant funds must be allocated on a one -time basis and may be used to 23
purchase or improve program curriculum, purchase course equipment, 24
and support professional development for program teachers. The office 25
of the superintendent of public instruction shall consult and team 26
with the community and technical colleges' center of excellence for 27
aerospace and advanced materials manufacturing regarding the 28
developing aerospace program of study and industry career needs as 29
well as other community and technical college manufacturing programs. 30
This information must assist the office of the superintendent of 31
public instruction in refining specific aspects to the criteria in 32
subsection (2) of this section and leveraging advantages and 33
opportunities for students in selected skill centers.34
(2) The superintendent of public instruction must select grant 35
recipients based on the criteria in this subsection (2). This is a 36
competitive grant process. Successful skill center applicants must:37
(a) Demonstrate that enhanced manufacturing skills programs meet 38
industry certification standards; 39
p. 54 SB 6160
(b) Demonstrate engaged and committed skill center and school 1
district leadership and faculty in support of the program;2
(c) Demonstrate capacity to offer the enhanced manufacturing 3
skills programs and maximize the use of grant resources addressing: 4
Availability of appropriate physical space, meeting program 5
technology requirements, providing projected enrollment from area 6
high schools and students from area community and technical colleges 7
if space is available, planned hours and days each week the program 8
is to be offered, and other specific program requirements set forth 9
by the office of the superintendent of public instruction;10
(d) Demonstrate linkages to programs at local community and 11
technical colleges and private technical schools to provide a 12
seamless pathway for students to continue their education and career 13
preparation beyond high school; 14
(e) Demonstrate a history of successful partnerships within the 15
community and partner support for implementing an enhanced 16
manufacturing skills program that includes one or more of the 17
following: Apprenticeships, supplying materials, instruction support, 18
internships, mentorships, and other program components;19
(f) Provide the plan for program implementation that includes a 20
beginning date for first classes as well as plans for recruiting and 21
retaining students in the program; and 22
(g) Demonstrate capacity to continue the program in years 23
succeeding the initial grant year. 24
(((3) The education research center in the office of financial 25
management must collect enhanced manufacturing skills programs 26
student participation and completion data for grant recipient skill 27
centers. The center must follow students to employment or further 28
training and education in the two years following the students' 29
completion of the program. Findings must be reported beginning in 30
January 2014 and each January thereafter through January 2018 to the 31
governor, the office of the superintendent of public instruction, 32
other appropriate state agencies, and the appropriate education and 33
fiscal committees of the legislature.))34
Sec. 221. RCW 43.09.312 and 2017 c 66 s 2 are each amended to 35
read as follows: 36
(1) Within thirty days of receipt of an audit under RCW 43.09.310 37
containing findings of noncompliance with state law, the subject 38
state agency shall submit a response and a plan for remediation to 39
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the office of financial management. Within sixty days of receipt of 1
an audit under RCW 43.09.310 containing findings of noncompliance 2
with state law, the office of financial management shall ((submit)) 3
post the subject state agency's response and a plan for remediation 4
((to the governor, the state auditor, the joint legislative audit and 5
review committee, and the relevant fiscal and policy committees of 6
the senate and house of representatives )) on the website of the 7
office of financial management. 8
(2) If, at the next succeeding audit of the subject state agency, 9
the state auditor determines that the subject state agency has failed 10
to make substantial progress in remediating the noncompliance with 11
state law, the state auditor shall notify the ((entities specified in 12
subsection (1) of this section )) governor, the joint legislative 13
audit and review committee, and the relevant fiscal and policy 14
committees of the senate and house of representatives.15
(3) Upon receipt of a notification under subsection (2) of this 16
section, a fiscal or policy committee of the senate or house of 17
representatives may refer the matter to the senate committee on 18
facilities and operations or the executive rules committee of the 19
house of representatives, which committee may refer the matter to the 20
attorney general for appropriate legal action under RCW 43.09.330.21
Sec. 222. RCW 28B.95.045 and 2018 c 188 s 3 are each amended to 22
read as follows: 23
(((1))) The committee shall create an expedited process by which 24
owners can complete a direct rollover or investment change of a 529 25
account from a: 26
(((a))) (1) State-sponsored prepaid tuition plan to a state-27
sponsored college savings plan; 28
(((b))) (2) State-sponsored college savings plan to a state-29
sponsored prepaid tuition plan; or 30
(((c))) (3) State-sponsored prepaid tuition plan or a state-31
sponsored college savings plan to an out-of-state eligible 529 plan.32
(((2) The committee shall report annually to the governor and the 33
appropriate committees of the legislature on (a) the number of 34
accounts that have been rolled into the Washington college savings 35
program from out of state and (b) the number of accounts rolled out 36
of the Washington college savings program to 529 plans into other 37
states.))38
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Sec. 223. RCW 46.92.010 and 2021 c 193 s 1 are each amended to 1
read as follows: 2
(1) In order to test an autonomous motor vehicle on any public 3
roadway under the department's autonomous vehicle self-certification 4
testing pilot program, the following information must be provided by 5
the self-certifying entity testing the autonomous motor vehicle:6
(a) Contact information specified by the department;7
(b) Local jurisdictions where testing is planned;8
(c) The vehicle identification numbers of the autonomous vehicles 9
being tested, provided that one is required by state or federal law; 10
and 11
(d) Proof of an insurance policy that meets the requirements of 12
RCW 46.30.050. 13
(2) Any autonomous motor vehicle to which subsection (1) of this 14
section is applicable and that does not have a vehicle identification 15
number and is not otherwise required under state or federal law to 16
have a vehicle identification number assigned to it must be assigned 17
a unique identification number that is provided to the department and 18
that is displayed in the vehicle in a manner similar to the display 19
of vehicle identification numbers in motor vehicles.20
(3)(a) The self-certifying entity testing the autonomous motor 21
vehicle on any public roadway must notify the department of:22
(i) Any collisions that are required to be reported to law 23
enforcement under RCW 46.52.030, involving an autonomous motor 24
vehicle during testing on any public roadway; and 25
(ii) Any moving violations, as defined in administrative rule as 26
authorized under RCW 46.20.2891, for which a citation or infraction 27
was issued, involving an autonomous motor vehicle during testing on 28
any public roadway. 29
(b) By February 1st of each year, the self-certifying entity must 30
submit a report to the department covering reportable events from the 31
prior calendar year. 32
(c) The self-certifying entity shall provide the information 33
required by the department under (a) of this subsection. The 34
information provided must include whether the autonomous driving 35
system was operating the vehicle at the time of or immediately prior 36
to the collision or moving violation, and in the case of a collision, 37
details regarding the collision, including any loss of life, injury, 38
or property damage that resulted from the collision.39
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(d) The provisions of this section are supplemental to all other 1
rights and duties under law applicable in the event of a motor 2
vehicle collision. 3
(4) The self-certifying entity testing the autonomous motor 4
vehicle on public roadways under the department's autonomous vehicle 5
self-certification testing pilot program must provide written notice 6
in advance of testing to local and state law enforcement agencies 7
with jurisdiction over any of the public roadways on which testing 8
will occur that includes the expected period of time during which 9
testing will occur in the applicable jurisdictions, including city 10
police departments within city limits where testing will occur, 11
county sheriff departments outside of city limits in counties where 12
testing will occur, and the Washington state patrol when testing will 13
occur on limited access highways, as defined in RCW 47.52.010. 14
However, for testing primarily on limited access highways that 15
travels through multiple local jurisdictions, which may include the 16
limited incidental use of other roadways, the self-certifying entity 17
must only provide written notice as specified in this subsection to 18
the Washington state patrol. Written notice provided under this 19
subsection must: (a) Be provided not less than fourteen and not more 20
than sixty days in advance of testing; (b) include contact 21
information where the law enforcement agency can communicate with the 22
self-certifying entity testing the autonomous vehicle regarding the 23
testing planned in that jurisdiction; and (c) provide the physical 24
description of the motor vehicle or vehicles being tested, including 25
make, model, color, and license plate number. 26
(5) The department may adopt a fee to be charged by the 27
department for self-certification in an amount sufficient to offset 28
administration by the department of the self-certification testing 29
pilot program. 30
(6) The department shall provide public access to the information 31
self-certifying entities provide to it ((, and shall provide an annual 32
report to the house and senate transportation committees of the 33
legislature summarizing the information reported by self-certifying 34
entities under this section)). 35
(7) An autonomous motor vehicle may not be operated on any public 36
roadway for the purposes of testing in Washington state until the 37
department is provided with the information required under subsection 38
(1) of this section. 39
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(8) For purposes of this section, "autonomous" means a level four 1
or five driving automation system as provided in the society of 2
automotive engineering international's standard J3016, as it existed 3
on October 1, 2022, or such subsequent date as may be provided by the 4
department by rule, consistent with the purposes of this section.5
Sec. 224. RCW 90.82.080 and 2003 1st sp.s. c 4 s 4 are each 6
amended to read as follows: 7
(1)(a) If the initiating governments choose, by majority vote, to 8
include an instream flow component, it shall be accomplished in the 9
following manner: 10
(i) If minimum instream flows have already been adopted by rule 11
for a stream within the management area, unless the members of the 12
local governments and tribes on the planning unit by a recorded 13
unanimous vote request the department to modify those flows, the 14
minimum instream flows shall not be modified under this chapter. If 15
the members of local governments and tribes request the planning unit 16
to modify instream flows and unanimous approval of the decision to 17
modify such flow is not achieved, then the instream flows shall not 18
be modified under this section; 19
(ii) If minimum streamflows have not been adopted by rule for a 20
stream within the management area, setting the minimum instream flows 21
shall be a collaborative effort between the department and members of 22
the planning unit. The department must attempt to achieve consensus 23
and approval among the members of the planning unit regarding the 24
minimum flows to be adopted by the department. Approval is achieved 25
if all government members and tribes that have been invited and 26
accepted on the planning unit present for a recorded vote unanimously 27
vote to support the proposed minimum instream flows, and all 28
nongovernmental members of the planning unit present for the recorded 29
vote, by a majority, vote to support the proposed minimum instream 30
flows. 31
(b) The department shall undertake rule making to adopt flows 32
under (a) of this subsection. The department may adopt the rules 33
either by the regular rules adoption process provided in chapter 34
34.05 RCW, the expedited rules adoption process as set forth in RCW 35
34.05.353, or through a rules adoption process that uses public 36
hearings and notice provided by the county legislative authority to 37
the greatest extent possible. Such rules do not constitute 38
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significant legislative rules as defined in RCW 34.05.328, and do not 1
require the preparation of small business economic impact statements.2
(c) If approval is not achieved within four years of the date the 3
planning unit first receives funds from the department for conducting 4
watershed assessments under RCW 90.82.040, the department may 5
promptly initiate rule making under chapter 34.05 RCW to establish 6
flows for those streams and shall have two additional years to 7
establish the instream flows for those streams for which approval is 8
not achieved. 9
(2)(a) Notwithstanding RCW 90.03.345, minimum instream flows set 10
under this section for rivers or streams that do not have existing 11
minimum instream flow levels set by rule of the department shall have 12
a priority date of two years after funding is first received from the 13
department under RCW 90.82.040, unless determined otherwise by a 14
unanimous vote of the members of the planning unit but in no instance 15
may it be later than the effective date of the rule adopting such 16
flow. 17
(b) Any increase to an existing minimum instream flow set by rule 18
of the department shall have a priority date of two years after 19
funding is first received for planning in the WRIA or multi-WRIA area 20
from the department under RCW 90.82.040 and the priority date of the 21
portion of the minimum instream flow previously established by rule 22
shall retain its priority date as established under RCW 90.03.345.23
(c) Any existing minimum instream flow set by rule of the 24
department that is reduced shall retain its original date of priority 25
as established by RCW 90.03.345 for the revised amount of the minimum 26
instream flow level. 27
(3) Before setting minimum instream flows under this section, the 28
department shall engage in government-to-government consultation with 29
affected tribes in the management area regarding the setting of such 30
flows. 31
(4) Nothing in this chapter either: (a) Affects the department's 32
authority to establish flow requirements or other conditions under 33
RCW 90.48.260 or the federal clean water act (33 U.S.C. Sec. 1251 et 34
seq.) for the licensing or relicensing of a hydroelectric power 35
project under the federal power act (16 U.S.C. Sec. 791 et seq.); or 36
(b) affects or impairs existing instream flow requirements and other 37
conditions in a current license for a hydroelectric power project 38
licensed under the federal power act. 39
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(5) If the planning unit is unable to obtain unanimity under 1
subsection (1) of this section, the department may adopt rules 2
setting such flows. 3
(((6) The department shall report annually to the appropriate 4
legislative standing committees on the progress of instream flows 5
being set under this chapter, as well as progress toward setting 6
instream flows in those watersheds not being planned under this 7
chapter. The report shall be made by December 1, 2003, and by 8
December 1st of each subsequent year.))9
Sec. 225. RCW 43.21A.150 and 2017 c 47 s 2 are each amended to 10
read as follows: 11
(((1))) The director, whenever it is lawful and feasible to do 12
so, shall consult and cooperate with the federal government, as well 13
as with other states and Canadian provinces, in the study and control 14
of environmental problems. On behalf of the department, the director 15
is authorized to accept, receive, disburse, and administer grants or 16
other funds or gifts from any source, including private individuals 17
or agencies, the federal government, and other public agencies, for 18
the purpose of carrying out the provisions of this chapter.19
(((2)(a) Beginning December 31, 2017, the director must list on 20
the department's website information regarding the current 21
interagency agreements to which the department is a party or in which 22
the department is a participant.23
(b) The list must identify each agreement, the type of agreement, 24
parties to the agreement, the effective date of the agreement, and a 25
brief description of the agreement. The list must include all 26
interagency agreements involving the department and other state 27
agencies, local governments, special purpose districts, the federal 28
government and federal government agencies, and the agencies of other 29
states.30
(c) For the initial list, the department must by December 31, 31
2017, list all grant agreements and federal agreements where 32
information is readily extractable from the department's data 33
systems. For those data systems that, because of their age, require 34
programming support to extract and format data for publishing to the 35
internet, the department must complete listing the required 36
information according to the following schedule:37
(i) By June 30, 2018, all contract, loan, and grant agreements;38
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(ii) By December 31, 2018, all agreements pertaining to funds 1
receivable for work performed by the department, leases, and 2
nonfinancial interagency agreements.3
(d) Beginning December 1, 2018, the department must annually 4
update the website to include new interagency agreements that the 5
department has entered into and must identify the agreements that 6
have been updated within the past year.7
(e) For the purposes of this section, the term "interagency 8
agreement" includes but is not limited to memoranda of understanding, 9
grant contracts, and advisory or nonbinding agreements.10
(f) For purposes of this section, the information posted on the 11
department's website is considered to function as a report to the 12
legislature because the report acts as a mechanism of keeping the 13
legislature apprised of the department's interagency agreements.))14
Sec. 226. RCW 10.77.520 and 2015 c 253 s 1 are each amended to 15
read as follows: 16
(((1))) If the secretary determines in writing that a person 17
committed to the custody of the secretary for treatment as criminally 18
insane presents an unreasonable safety risk which, based on behavior, 19
clinical history, and facility security is not manageable in a state 20
hospital setting, and the secretary has given consideration to 21
reasonable alternatives that would be effective to manage the 22
behavior, the secretary may place the person in any secure facility 23
operated by the secretary or the secretary of the department of 24
corrections. The secretary's written decision and reasoning must be 25
documented in the patient's medical file. Any person affected by this 26
provision shall receive appropriate mental health treatment governed 27
by a formalized treatment plan targeted at mental health 28
rehabilitation needs and shall be afforded his or her rights under 29
RCW 10.77.545, 10.77.550, and 10.77.595. The secretary of the 30
department of social and health services shall retain legal custody 31
of any person placed under this section and review any placement 32
outside of a department mental health hospital every three months, or 33
sooner if warranted by the person's mental health status, to 34
determine if the placement remains appropriate. 35
(((2) Beginning December 1, 2010, and every six months 36
thereafter, the secretary shall report to the governor and the 37
appropriate committees of the legislature regarding the use of the 38
authority under this section to transfer persons to a secure 39
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facility. The report shall include information related to the number 1
of persons who have been placed in a secure facility operated by the 2
secretary or the secretary of the department of corrections, and the 3
length of time that each such person has been in the secure 4
facility.))5
Sec. 227. RCW 13.34.360 and 2018 c 182 s 2 are each amended to 6
read as follows: 7
(1) For purposes of this section: 8
(a) "Appropriate location" means (i) the emergency department of 9
a hospital licensed under chapter 70.41 RCW during the hours the 10
hospital is in operation; (ii) a fire station during its hours of 11
operation and while fire personnel are present; or (iii) a federally 12
designated rural health clinic during its hours of operation.13
(b) "Newborn" means a live human being who is less than seventy-14
two hours old. 15
(c) "Qualified person" means (i) any person that the parent 16
transferring the newborn reasonably believes is a bona fide employee, 17
volunteer, or medical staff member of the hospital or federally 18
designated rural health clinic and who represents to the parent 19
transferring the newborn that he or she can and will summon 20
appropriate resources to meet the newborn's immediate needs; or (ii) 21
a firefighter, volunteer, or emergency medical technician at a fire 22
station who represents to the parent transferring the newborn that he 23
or she can and will summon appropriate resources to meet the 24
newborn's immediate needs. 25
(2) A parent of a newborn who transfers the newborn to a 26
qualified person at an appropriate location is not subject to 27
criminal liability under RCW 9A.42.060, 9A.42.070, 9A.42.080, 28
26.20.030, or 26.20.035. 29
(3)(a) The qualified person at an appropriate location shall not 30
require the parent transferring the newborn to provide any 31
identifying information in order to transfer the newborn.32
(b) The qualified person at an appropriate location shall attempt 33
to protect the anonymity of the parent who transfers the newborn, 34
while providing an opportunity for the parent to anonymously give the 35
qualified person such information as the parent knows about the 36
family medical history of the parents and the newborn. The qualified 37
person at an appropriate location shall provide referral information 38
about adoption options, counseling, appropriate medical and emotional 39
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aftercare services, domestic violence, and legal rights to the parent 1
seeking to transfer the newborn. 2
(c) If a parent of a newborn transfers the newborn to a qualified 3
person at an appropriate location pursuant to this section, the 4
qualified person shall cause child protective services to be notified 5
within twenty-four hours after receipt of such a newborn. Child 6
protective services shall assume custody of the newborn within 7
twenty-four hours after receipt of notification. 8
(d) A federally designated rural health clinic is not required to 9
provide ongoing medical care of a transferred newborn beyond that 10
already required by law and may transfer the newborn to a hospital 11
licensed under chapter 70.41 RCW. The federally designated rural 12
health clinic shall notify child protective services of the transfer 13
of the newborn to the hospital. 14
(e) A hospital, federally designated rural health clinic, or fire 15
station, its employees, volunteers, and medical staff are immune from 16
any criminal or civil liability for accepting or receiving a newborn 17
under this section. 18
(4)(a) Beginning July 1, 2011, an appropriate location shall post 19
a sign indicating that the location is an appropriate place for the 20
safe and legal transfer of a newborn. 21
(b) To cover the costs of acquiring and placing signs, 22
appropriate locations may accept nonpublic funds and donations.23
(((5) The department shall collect and compile information 24
concerning the number of newborns transferred under this section 25
after June 7, 2018. The department shall report its findings to the 26
public annually, which may be on its website, beginning July 31, 27
2018.))28
NEW SECTION. Sec. 228. The following acts or parts of acts are 29
each repealed:30
(1) RCW 41.05.630 (Annual report of customer service complaints 31
and appeals) and 2010 c 293 s 1; 32
(2) RCW 70.330.020 (Reports to governor and legislature) and 2016 33
c 56 s 2; 34
(3) RCW 74.09.495 (Access to children's behavioral health 35
services— Report to legislature) and 2019 c 325 s 4002, 2018 c 175 s 36
3, 2017 c 226 s 6, 2017 c 202 s 3, & 2016 c 96 s 3;37
(4) RCW 28A.305.035 (Joint report to the legislature) and 2006 c 38
263 s 103 & 2005 c 497 s 103; 39
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(5) RCW 43.320.100 (Annual report— Contents) and 2009 c 518 s 11, 1
1993 c 472 s 24, 1977 c 75 s 43, & 1965 c 8 s 43.19.090;2
(6) RCW 18.28.800 (Nonprofit or exempt organizations — Report) and 3
2015 c 167 s 4; 4
(7) RCW 43.62.050 (Student enrollment forecasts — Report) and 1979 5
c 151 s 131, 1977 c 75 s 62, 1975 1st ex.s. c 293 s 2, & 1965 c 8 s 6
43.62.050; 7
(8) RCW 28A.657.110 (Accountability framework for system of 8
support for challenged schools — Washington achievement index — 9
Recognition of schools for exemplary performance — Use of state system 10
to replace federal accountability system) and 2013 c 159 s 12, 2010 c 11
235 s 111, & 2009 c 548 s 503; 12
(9) RCW 43.41.423 (Extended student financial aid — Reports on 13
impact) and 2024 c 323 s 6; 14
(10) RCW 28B.122.060 (Annual report) and 2012 c 50 s 8 & 2011 c 8 15
s 6; 16
(11) RCW 62A.9A-527 (Duty to report) and 2000 c 250 s 9A-527;17
(12) RCW 74.08A.411 (Outcome measures — Data— Report to the 18
legislature and the legislative-executive WorkFirst poverty reduction 19
oversight task force) and 2019 c 343 s 4 & 2009 c 85 s 3; and20
(13) RCW 74.39A.275 (Individual provider overtime — Annual 21
expenditure reports to legislature and joint legislative-executive 22
overtime oversight task force) and 2018 c 278 s 21 & 2016 sp.s. c 30 23
s 3. 24
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